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ARRESTED? INVESTIGATED?
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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 […]
Florida’s July 1, 2026 Criminal Laws: What Changed in Miami-Dade Cases Florida’s new laws took effect on July 1, 2026, and several of them have a direct impact on criminal cases. More than 100 laws took effect that day. Most have nothing to do with criminal defense. But three changes stand out if you are […]
Florida Veterans Can Now Seek Treatment Court Without Prosecutor Approval A new Florida law changed who gets the final say when a veteran asks to enter Veterans Treatment Court. Since July 1, 2026, a prosecutor can still weigh in on the request, but the prosecutor no longer has the power to approve or reject eligibility […]
Florida’s “Missy’s Law”: What Changed for Bond and Child Exploitation Cases on July 1, 2026 A guilty plea or guilty verdict in a qualifying Florida case can now mean immediate custody instead of waiting for sentencing while out on bond. That is the central change behind Missy’s Law, Florida House Bill 445, which took effect […]
Florida’s New “No Valid License” Rule: Why One Common Driving Mistake Could Now Lead to HTO Status A Florida traffic offense that previously did not count toward Habitual Traffic Offender status now can. That change took effect July 1, 2026. And for some Florida drivers, particularly those who have repeatedly driven without ever holding a […]
Florida’s New Domestic Violence Law Is Now in Effect: What a Prior Conviction Could Mean for a New Arrest Florida changed its domestic violence laws on July 1, 2026. One of the biggest changes involves people who already have a qualifying domestic violence conviction. If they are later charged with another qualifying offense, the new […]
Florida Passed More Than 100 New Laws: Criminal Law Changes Taking Effect July 1, 2026 Florida’s laws changed on July 1, 2026. More than 100 new laws took effect across the state, and several of them affect criminal charges, domestic violence cases, driver’s licenses, probation, and pretrial detention. For some people, these aren’t changes to […]
Stand Your Ground in Florida: When You Can Use Deadly Force and What the Law Really Requires A self-defense case in Florida can turn on a few critical details. Where were you? What happened immediately before the force was used? Were you facing an immediate threat? And did you have a legal right to be […]
Identity Theft in Florida: When a State Investigation Can Become a Federal Case An identity theft investigation rarely begins with an arrest. It usually starts somewhere much quieter — a suspicious bank transaction, a credit-card alert, a fraudulent account, or a victim reporting that someone has been using their personal information. Then the investigation grows. […]
