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 […]
Carjacking in Florida Can Carry a Life Sentence: What the Law Says and How a Defense May Work A person gets into a car. Someone approaches. A threat is made. The driver is forced out, or the vehicle is taken through force or fear. Within minutes, what may have started as a vehicle theft can […]
Your Child Was Arrested in Florida: What Parents Need to Know About the Juvenile Justice System Few phone calls are more frightening for a parent than this one: “Your child has been arrested.” Everything can feel urgent at once. Where is your child? What happens next? Will there be a court date? Will this stay […]
Hit and Run in Florida: Leaving the Scene Can Be a Felony, Even If the Crash Wasn’t Your Fault A crash can happen in seconds. You hear the impact. Your heart starts racing. Maybe the other driver is yelling. Maybe you realize your license is suspended. Maybe you had been drinking. Or maybe you honestly […]
Sex Offender Registry in Florida: What It Really Means for Your Life A sex offense conviction in Florida can follow you long after a sentence is over. For many people, the biggest surprise comes afterward. They learn that registration is not simply a name appearing on a government website. It can affect where they live, […]
Medicare and Medicaid Fraud in Florida: Federal Charges That Can Put Your Career at Risk A Medicare or Medicaid fraud investigation can put far more than money on the line. For a doctor, clinic owner, billing manager, pharmacy owner, or medical equipment supplier, a federal investigation can threaten a professional license, a business, future billing […]
Charged With Burglary in Florida? What You Could Be Facing, Even If Nothing Was Stolen When most people hear the word burglary, they picture a broken window, a stolen television, or someone sneaking into a house at night. Florida law is broader than that. A burglary charge does not necessarily require theft. It may not […]
What Nobody Tells You About Bond Hearings in Florida: Why the First 24 Hours Matter The first 24 hours after an arrest can have a major impact on what happens next. In Florida, an arrested person will generally appear before a judge for a First Appearance hearing shortly after being booked into jail. The hearing […]
ICE Is Arresting People in Florida During Traffic Stops. Know Your Rights. A traffic stop can become much more serious when immigration enforcement gets involved. Miami’s ICE field office has made more arrests than any other ICE field office in the country. If you or a family member is undocumented, has an unresolved immigration matter, […]