Miami Criminal Defense Insights
Aggressive representation for DUI, Domestic Violence, Gun Crimes & more
Florida is warm to hot all year long and we who live here are used to it, but sometimes the heat can be a killer. Some of the most dangerous conditions that can easily arise are when a pet or small child is left alone inside a car with the windows closed. It’s not the […]
If you have been arrested for DUI in Florida you face a criminal charge and conviction, unless your case is dismissed because of lack of convincing evidence. As long as no-one was hurt or killed while you were allegedly intoxicated, the charge will be a misdemeanor, unless it is a fourth DUI arrest. The term […]
The fear of having one’s liberty taken away once you have been arrested can be a numbing experience. You suddenly feel bewildered and lost with no one to turn to. Once the arresting police offer has slapped handcuffs on, panic may set in. Here is some advice below if this ever happens to you. First […]
You may think you are safe in Florida once you have been approved for immigration. Don’t bank on it. Even if you have a Green Card you could face removal from the country if you are convicted of an offense. If you are accused of a crime as a non-citizen but you have lawful permanent […]
Sexual harassment in the workplace has become an important media focus. Several high profile accounts of sexual harassment have surfaced in the last few years, especially the entertainment industry and given rise to the #MeToo movement. What exactly is sexual harassment and can it be considered a crime? Currently, there is no such crime in […]
If you have been overstepping the mark with the law in Florida it could be the biggest mistake you have ever made as Florida has one of the harshest criminal justice systems in the nation. This is not just related to drug laws but also the use of weapons and firearms. When Florida realized that […]
There are many ways that an experienced criminal defense attorney can help defend you against a crime that you have been wrongly charged with. One of these is called the entrapment defense. Entrapment is a method sometimes used by police officers, normally undercover, to try and get a criminal conviction by helping someone commit a […]
The movies often use the phrase ‘double jeopardy’ to get the audience more involved in the plot. This in the end often baffles the viewers and they are no better informed as to what the term actually means. Double jeopardy – what does it really mean in Florida? The U.S. Constitution’s Fifth Amendment and Florida […]
Drivers often ask whether it is legal for police officers to stop them on whim and check their driver’s licenses. The answer is that like all police stops, there must be ‘probable cause’ that the driver has being doing something wrong. In other words, the officer who stops you and asks to see your license […]
If you were stopped by a police officer because he/ she said that there was a visible crack in your vehicle’s windshield, the stop may have been illegal. That means that anything the officer discovered during that stop may not be admissible in court if the officer decides that you had committed any other crime […]
The internet has opened up a can of worms when it comes to some types of crime. Communication with a minor could be misinterpreted as an arrangement to meet up to have sex. This is a very serious crime in Florida and if convicted, could lead to up to 15 years in prison. Even worse, […]
Shoplifting is sometimes called the “Five Finger Discount,” and in the public perception has a reputation as a minor crime. Young people often steal things from big stores as a dare. Older people just steal because they think they can get away with it, or they are poor. As a category of theft it is […]
Florida has finally caught up with the rest of the U.S. as far as legislation on texting and driving is concerned. Law enforcement officers can now stop or pull over a driver who they see is texting and driving and issue them with a warning. Until January 1st next year, those warnings, however many you […]
Possession of marijuana in Florida is a crime. The law may have changed in some other parts of the U.S., but it hasn’t here. If you are stopped by a police officer and s/he discovers you are in possession of a quantity of marijuana, it is likely that you will be arrested for possession. You […]
Interactions with police officers can be intimidating, even if you have nothing to feel guilty about. Police officers are trained to exert their authority and often act as if they have the power to make you do what they want you to do. There are circumstances in which it is important to know that as […]
What Is a Third-Degree Felony in Florida? A third-degree felony is Florida’s lowest felony classification, but the word “lowest” should not be confused with minor. A conviction can result in state prison, probation, a $5,000 fine, and a permanent felony record. It can also affect employment, professional licenses, housing, immigration status, and the right to […]
What Is a Second-Degree Felony in Florida? A second-degree felony is punishable by as much as 15 years in Florida State Prison. That makes it a serious criminal charge, even for someone who has never been arrested before. Examples include aggravated battery, manslaughter, vehicular homicide, unarmed burglary of a dwelling, certain theft and exploitation offenses, […]
What Is a First-Degree Felony in Florida? A first-degree felony is one of Florida’s most serious criminal classifications. For an ordinary first-degree felony, the maximum sentence is 30 years in state prison. That does not mean every person charged with one will receive 30 years. The actual exposure depends on the offense, the Criminal Punishment […]
What Is a First-Degree Felony Punishable by Life in Florida? A first-degree felony punishable by life is one of the most misunderstood classifications in Florida criminal law. It is not technically a life felony. It remains classified as a first-degree felony, but the statute defining the offense allows the judge to impose a sentence of […]
Florida’s transportation law changes take effect October 1, 2026. One change is already prompting questions from drivers: the amount of apparent property damage that triggers an immediate duty to notify law enforcement after a crash rises from $500 to $2,000. The change is part of Senate Bill 488, Chapter 2026-39. The new threshold appears in […]
What Is a Life Felony in Florida? A life felony is one of the most serious criminal charges Florida law recognizes. It does not expose a defendant to the death penalty, but it does permit a judge to impose a sentence of life in prison. That distinction matters. When someone is charged with a life […]
What Does a Capital Felony Mean in Florida? Florida law places capital felonies in a category of their own. They are not scored and sentenced like ordinary felonies under the Criminal Punishment Code. A conviction can expose an adult defendant to life imprisonment without parole and, in a case where the State Attorney seeks it, […]
The Parent’s Guide to a Juvenile Arrest in Florida A free resource from Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers If your child has been arrested, this guide will help you understand what is happening and what to do next. Keep this page handy, and call us anytime. 1. Take a Breath. Then Take […]