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 […]
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 […]