Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
If you are about to be arrested anywhere in Florida, even if you think you are about to be arrested, it is not a smart idea to refuse or resist arrest. Resisting arrest in Florida is a crime and you can be punished for resisting arrest, even if you haven’t done anything wrong. An arrest […]
Recently, state representative for Howey-in-the-Hills, Anthony Sabatini, filed a bill in Florida named “constitutional carry” or HB 273, that would permit gun owners to be in possession of their weapons openly in public without the need for a license. This is possible at the moment in sixteen other states. It would permit a lawful gun […]
To get a search warrant in Florida, a law enforcer must submit a request for one from a magistrate or judge. The request needs to be accompanied by an affidavit which has been sworn by the officer involved in the request. This includes information that provides the foundation for probable cause for wanting the search […]
When we normally think of drug crimes they are typically linked to illegal products like cocaine, meth and heroin. These are minor when it comes to the illegal distribution of prescription drugs. Often people are apprehended and charged with illegally possessing a prescription drug under the terms ‘doctor shopping’ and ‘pill mill’ pain clinics. However, […]
An arrest takes place when police officers believe they should take a suspect into custody. It has officially taken place when the suspect is not able to walk away from the event freely. The Fourth Amendment in the U.S. Constitution authorizes an arrest only if the police officer has “probable cause” that a crime has […]
Security guards working in stores in Florida may detain a person if they suspect him/her of shoplifting, but only until the arrival of the police. In Florida, the law states that any merchant who can confirm probable cause that a retail theft has been committed by a person may detain the offender for a reasonable […]
The answer is a qualified “yes.” Florida has brought in a new law this year allowing school districts the option of arming teachers to try and prevent mass shootings in schools, or at least dealing with a shooter if such a situation arises. As schools open up for a new school year, though, it seems […]
Sexting is the name for what some people think is quite an innocuous practice. When consenting adults send each other saucy text messages, there is nothing legally wrong with it. Of course, it might become a nuisance, even intimidating, if you happen to be on the receiving end of a stream of unsolicited text messages, […]
We all know we shouldn’t lie. We are taught that by our parents, at school, in Church and by those who enforce the law. Few of us never, ever lie, but a lot of the time we tend to excuse our lying, thinking that there is a justification for it, or that it is only […]
Millions of people come to Florida every year for a vacation, visit relatives or friends or come on business. Many of these out of state visitors drive here from home, or rent a car when they arrive at one of Florida’s airports. One thing can lead to another and a night out might involve having […]
You are asleep in bed in your own home when you are suddenly woken up by a faint sound coming from another room in the house. You get up, pick up your handgun which you always have by the bed and quietly creep out into the corridor. There’s a movement at the other end of […]
Under Florida Law, petit theft is when someone takes or tries to take somebody else’s property which has a value below $300. In short, this means when someone takes another person’s property with the intention of not returning it so that the owner is deprived of having the item in his/her possession. To be convicted […]
Florida law is not sympathetic to people involved in prohibited drugs. There are severe penalties for all the different kinds of drug crimes, whether it is driving while under the influence of a prohibited drug, being in possession, or even distributing and selling to others. One thing which is a certainty in Florida it has […]
If a tax auditor has reason to believe that you have been involved in sales tax irregularities of any kind, then you may be contacted by an investigator. It is easy to say the wrong things if you discuss your finances with an investigator, especially if you didn’t expect a visit. If you incriminate yourself […]
A false allegation of domestic violence against a spouse, partner, family member or someone else close to you can lead to serious consequences. Even if a criminal charge laid against you is dismissed because of lack of evidence, it can still have a serious effect on your relationships, job and career. False charges of domestic […]
The U.S. Attorney’s Office for the Southern District of Florida announced this week that two 27-year-old Miami men were sentenced to 121 months and 131 months in federal prison for roles in a conspiracy that distributed fentanyl, fentanyl analogues and cocaine in Miami-Dade County. According to the announcement, the case was built on sales to […]
Police say a heated disagreement over weights at an LA Fitness on West Flagler Street in Miami ended with an arrest this week. According to the arrest report, a 67-year-old man grabbed a dumbbell and struck another gym member on the side of the head and forearm. Officers found the alleged victim with a bump […]
A 17-year-old accused in a September 1 shooting at the Aquabella apartment complex in Hialeah appeared in adult bond court on Wednesday after prosecutors moved the case out of juvenile court. According to police, several young people had gathered to settle a dispute with a physical fight when shots were fired. No injuries were reported. […]
A Miami-Dade judge this week denied bond to a 33-year-old man arrested on charges of attempted murder and aggravated battery with a deadly weapon, along with drug charges, after a delivery driver was allegedly shot and pistol-whipped at an apartment complex near Dadeland early Monday morning. According to the arrest report, the driver was grazed […]
Dashcam video released this week shows a van striking the back of a stopped Miami-Dade Sheriff’s Office cruiser near Northwest 32nd Avenue and 79th Street. According to the arrest report, the 72-year-old driver then tried to hide an open alcohol container, and deputies ended the field sobriety exercises for his safety. He is charged with […]
Florida Driver Reportedly Had a .377 Alcohol Level: What a High BAC Means for Your DUI Case By Albert Quirantes, Esq. A recent Florida DUI arrest made headlines after a driver reportedly registered a blood alcohol concentration of .377, nearly five times Florida’s .08 threshold. That number gets attention. But as a criminal defense attorney, […]
What Is a Second-Degree Misdemeanor in Florida? A second-degree misdemeanor is Florida’s lowest misdemeanor classification. That does not make it a civil infraction or something that should be ignored. The charge can lead to jail, probation, a fine, and a criminal court record. It may also appear on background checks and create problems involving employment, […]
What Is a First-Degree Misdemeanor in Florida? A first-degree misdemeanor is the most serious misdemeanor classification under Florida law. It is not a felony, but it can still result in county jail, probation, a fine, and a criminal record that creates problems long after the court case ends. Common examples include simple battery, petit theft […]