Posted on July 02, 2018 in Miami Criminal Defense News & Articles

A charge of Resisting Arrest with Violence carries severe penalties in the state of Florida. Unlike a misdemeanor charge of resisting arrest without violence, Resisting Arrest with Violence carries heavy fines as a penalty, and you might even be looking at jail time if you are convicted. If this is the position in which you find yourself, you should hire an excellent Miami criminal defense attorney to represent you on your case.

Explaining Resisting Arrest with Violence

If you are placed under arrest by an officer and resist, you will be charged with resisting arrest. But what if you resisted arrest with force or even slight force? Then you might be charged with Resisting Arrest with Violence, which carries much more severe penalties. Resisting Arrest with Violence is considered a third-degree felony offense within the state of Florida, and you could be punished with up to five years in prison, five years' probation, and $5,000 in fines.

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 Posted on June 14, 2018 in Miami Criminal Defense News & Articles

Miami Criminal Defense Lawyer News: The Second Amendment to the Constitution of the United States guarantees the right to bear arms. Nonetheless, states such as Florida, have introduced legislation to regulate the private possession of firearms.

Violating these laws will result in your arrest by the police and processing through the judicial system. Penalties include forfeiture of the weapon, limitations on future firearms ownership, and even a possible prison sentence. If charged, you'll want to hire a criminal lawyer in Miami, to avoid a conviction and possible jail time. Here is a brief overview of gun charges in Florida.

Possession of a firearm by a convicted felon

It's illegal for convicted felons to possess firearms in the State of Florida. Possession covers two types of firearms arrests. Being caught with the gun on your person is termed actual possession. Construction possession is the term used for firearms found in your home or vehicle.

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 Posted on June 12, 2018 in Miami Criminal Defense News & Articles

Miami Criminal Attorney News: Many U.S. law enforcement agencies now use body cameras as standard operational equipment. The technology enables police officers to record all of their engagements with the public while on duty. Body cam recordings have both benefits and drawbacks for both the public and police officers. If you are charged with a crime by the police, a Miami criminal defense attorney can recover the video evidence recorded by the body cam. The footage may prove your innocence or your guilt.

Who Benefits from Body Cameras?

Body camera evidence has an impact on verdicts in court proceedings all over the United States. Footage taken by arresting officers helps both prosecutors and defense attorneys in building and presenting their cases.

Video evidence can show officer misconduct during an arrest, thereby benefitting the defendant. Likewise, prosecutors can use the footage to prove their case.

Body Cameras and DUI Cases

Many police departments require traffic officers to carry body cams along with their standard dash-cams found in patrol cars. The camera records the police officer's engagement with drivers and their passengers during a routine stop or roadblock.

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 Posted on June 09, 2018 in Miami Criminal Defense News & Articles

The ongoing opioid epidemic in the United States is cause for real concern with the health of Americans at stake. Addicts regularly abuse drugs used to treat chronic diseases such as nerve pain and anxiety.

Miami criminal defense lawyers have seen an influx of people, charged by the police, for unlawful possession of scheduled medications such as OxyContin, Xanax, and Vicodin. If law enforcement officers catch you with prescription meds on your person without a doctor's prescription, you could face serious charges that include jail time and fines.

Florida Statutes Chapter 893 makes it illegal to carry controlled substances without a prescription from a licensed medical professional.

Felony Penalties for Illegal Possession of Prescription Medications

Common controlled substances include but are not limited to amphetamines such as Adderall, benzodiazepines such as Xanax, and narcotics, including oxycodone, hydrocodone, fentanyl, methadone, and morphine.

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 Posted on June 07, 2018 in Miami Criminal Defense News & Articles

Miami Criminal Defense Attorney News: As a physician, the management of your business is critical to its success. Unfortunately, medical professionals are busy people that don't have much time for the nuances of business operations. As a result, their practice is exposed to mismanagement by employees, with potentially disastrous consequences. Billing fraud is rampant in the medical services community. If an investigation by healthcare authorities finds your practice guilty of mishandling billing, you could face arrest and indictment for fraud. You'll want to hire a Miami criminal defense attorney to represent you in court and clear your practice of wrongdoing.

Fraud in Healthcare

According to the CMS (Centers for Medicare & Medicaid Services), national health costs in the United States totaled more than $3.2 trillion during 2017 or about $10,000 per capita. According to these statistics, healthcare spending is set to grow at a pace of 6.2 percent annually until 2021. This trillion-dollar market comprises of providers, vendors, payers, patients, suppliers, employers, and pharmacists in both private and public practices across all levels of healthcare services.

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 Posted on June 05, 2018 in Miami Criminal Defense News & Articles

Decriminalization and legalization of marijuana efforts are sweeping across the United States. In recent years, medical science has shown links between cannabis consumption and reduced levels of chronic inflammatory disease and a myriad of other benefits. The full benefits and risks of marijuana use are still relatively unknown. However, this doesn't stop citizens from exercising their right to consume cannabis safely.

Many states would forgive you for thinking that possession and consumption of marijuana are entirely legal. However, in reality, marijuana is still illegal at a federal level in all states. This legislation means that authorities can charge you for consumption, distribution, or sale of cannabis and related products.

Many states, and their branches of law enforcement, still outlaw the possession and consumption of marijuana at a state level. Florida is an example of a state with strict laws and penalties for regulating the use and sale of cannabis. If you find yourself on the wrong side of the law, you will want to hire a criminal attorney in Miami to avoid trouble.

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 Posted on May 14, 2018 in Miami Criminal Defense News & Articles

For any alleged offender, probation is a more favorable alternative to a prison sentence. Being put on probation allows an individual to still have a semblance of a normal life. For some, it even allows them the opportunity to acquire work, come home to a house, and see their families.

However, there are still restrictions. These restrictions are mandatory and strictly imposed. Violating the conditions of your probation could force a court to revoke your probation. This could also mean severe penalties, which can involve jail time.

If you have violated your probation terms, you will need to attend a probation violation hearing. Even if you had committed the violation unknowingly or accidentally, the strict imposition of these terms could still lead to you losing the hearing.

What Happens Then?

When the officer in charge believes that the probationer has violated probation terms, they will prepare a report and a Notice of Hearing for the probationer to sign. Either that or a Notice of Violation/Violation of Probation Warrant will be sent to the judge. This is prior to your probation violation hearing.

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 Posted on May 08, 2018 in Miami Criminal Defense News & Articles

If you have ever monitored a court case from beginning to end, you have heard the words, "plea agreement" quite often. A plea agreement is exactly that - an agreement. A plea agreement is between a prosecutor and a defendant under defined parameters.

Each criminal case is unique. Every case presents its own level of difficulty and, more often than not, complexity. Criminal cases are one of, if the not the most, difficult cases to handle and plea agreements are the most popular course of action in criminal cases.

An experienced criminal defense attorney in Miami will tell you that a plea agreement can resolve the majority of criminal cases. In fact, it has. And in scenarios where the evidence is stacked against the defendant, plea agreements can be a useful tool in their defense.

But How Does It Work?

In Florida, plea agreements are valid legal documents according to the Florida Rules of Criminal Procedure. When forming a plea agreement, both the prosecutor and the defendant (or the defendant's attorney) may discuss the terms of a plea.

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 Posted on May 04, 2018 in Miami Criminal Defense News & Articles

Getting a traffic ticket is the bane of every driver's existence. The grueling process of being pulled over, interrogated, and later on having to appear in court is something every driver tries to avoid. The threat of a court date or paying a fine is something most drivers have developed a natural aversion to.

Receiving a traffic ticket means that you have been accused of violating the law. That is, you have violated traffic regulations. If you have recently received a ticket, consult with a defense attorney in Miami to understand the traffic regulation statutes in your jurisdiction. This can help you understand how to plea later on.

Stating Your Plea

There are various ways to state your plea. In deciding over what plea to take, most defendants confuse pleading guilty and pleading no contest. Here we will help you by explaining the main differences between pleading guilty and pleading no contest. The distinction is simple:

• Pleading Guilty

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 Posted on April 26, 2018 in Miami Criminal Defense News & Articles

The government has been combatting drug trafficking and use for decades. Florida has been enforcing aggressive federal and state measures since Miami's infamous drug bout in the earlier 1970s. Today, the State of Florida is on the forefront in law enforcement against the drug trade.

Drug crimes in Florida and Federal Courts carry penalties and statutory minimum mandatory jail sentences. We all know drug dealing is a crime. However, even if you're no cartel member, you could be accused of drug dealing. What's even more interesting - you could be guilty of dealing drugs without even noticing.

But I Don't Even Sell Drugs

When we think of drug dealers, we think of shadowed figures on street corners at three in the morning. Some of them, we might even know personally. However, you're no drug dealer yourself. You would even testify to that.

Everyone is aware what drug possession entails. In legal terms, drug possession is the intentional act of possessing or having the intent to possess controlled substances. This applies to both illegal substances and illegally obtained prescription drugs.

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