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ARRESTED? INVESTIGATED?
ARRESTADO? INVESTIGADO?
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Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
In the not too distant past, it was a crime to send a letter, post a notice in a newspaper or over the radio which involved a threat of violence, i.e. a threat to kill someone, or do them serious bodily injury. In Florida, statute 836.10 came into law back in 1913 and is still […]
Is it possible for a police officer to arrest you when outside his / her own jurisdiction? The answer is a qualified ‘yes,’ but there are definitely some circumstances when an out of jurisdiction detention could be considered unlawful. This doesn’t mean you can evade the law and get away with it, but it does […]
If someone is killed in an accident, whether it was caused by the driver running a red light or speeding, there is a good chance that the driver could be charged with vehicular manslaughter. This is a serious offense and could lead to a 15 year prison term. If you have been charged with vehicular […]
When thinking about a wrongful conviction you may well be thinking of the Netflix movie ‘Making a Murderer.’ While watching it you probably came up with an opinion as to whether the verdict should be guilty or not guilty. There is without a doubt most certainly a bone of contention about the outcome for the […]
Most criminal proceedings reach a conclusion based on indisputable evidence. Evidence comes in different forms, including DNA and bite marks. The use of bite-marks as evidence Throughout a criminal trial expert witnesses can be called upon to testify if the defendant left any teeth marks or lacerations on his or her victim. The expert witnesses […]
States can legally enforce their own state laws, but many overlap with federal laws. For example, when it comes to the manufacturing of drugs it is illegal under both federal and state law. Overall, if a federal law is broken, the penalties are far more severe than when a state law is broken and a […]
Something has happened regarding drunk driving in South Florida and everyone is scratching their heads trying to figure out why. It’s not bad news, in fact, it’s the quite the opposite. DUI arrests have dropped dramatically in and around the City of Miami as well as in Miami-Dade County since 2014. Only 594 people were […]
Getting your criminal record expunged or sealed is never an easy task. You probably assume that once you have completed all the paperwork and had it approved that that will be the end of the matter. It seems that it’s not as simple as that as there are some unscrupulous businesses preying on vulnerable people […]
The Florida Department of Highway Safety and Motor Vehicles put out a new ad earlier this year to try and stem the number of crashes that take place when drivers are stoned. ‘Drive Baked, Get Busted’ it says, but how easy really is it for police to spot a ‘baked’ driver and how easy really […]
Aggravated assault in Florida is a serious criminal act. Under Florida Stat. §784.021 anyone convicted of aggravated assault, a felony crime in the third degree, can be jailed for up to five years and pay a fine of up to $5,000. But what exactly is aggravated assault? What makes assault ‘aggravated’ and are there any […]
Pinellas County’s Attorney General has decided to settle on a manslaughter charge against the killer of Markeis McGlockton, Michael Drejka, but it is expected that Drejka’s attorneys will probably use Florida’s 2005 ‘stand your ground’ legislation to defend him. Drejka was involved in a deadly altercation in a car park outside a Clearwater convenience store […]
Probation is a way of avoiding jail if you have entered a plea of guilty or no contest or have been convicted of a crime in Florida. Generally, probation is granted to people who have a good attorney, are not considered dangerous and have up to that point had a clean record. If you violate […]
It’s an easy thing to happen. You got into an argument with someone in a bar who was annoying you. There wasn’t any violence, but the bar manager told you to leave. Fair enough. You weren’t keen on staying anyway. But then you find you left your wallet behind at the bar and go back […]
You may have have been arrested for criminal possession and are wondering just how you could have been charged when you didn’t have the items in your possession at the time. We at the law offices of Albert Quirantes – your Miami Criminal Defense Lawyers, can explain how the law works and how we can […]
Street racing, or drag racing, as it is also called, is a crime in Florida if it takes place on a public highway. What many people don’t realize is that it’s not just an offense to drive a car in a street race. You can be charged for being a passenger in a car that […]
Rape, or unwanted sexual harassment, is not uncommon in Florida. As long as the incident is reported and investigated without delay and the perpetrator is charged s/he will end up in court to face the charge in no time at all. Rape is one of those intentional crimes that instil fear in the victim. So […]
The use of marijuana for medicinal purposes has been controversial for a long time but finally Florida recognized that it had to change its laws in relation to this use of the drug. This without a doubt made Florida patients happy as they can now legally obtain it to help relieve the pain from a […]
Everyone likes to believe they live in a country that promotes freedom of speech but does this apply to what we post online? Many internet forums and social media platforms are free to access and use. More often than not they are used to share positive information and rarely are threats against individuals posted on […]
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 […]
