Posted on April 16, 2018 in Miami Criminal Defense News & Articles

Lots of people who need a criminal lawyer in Miami are concerned about how to make the best appearance in court. If you are accused of a crime, it is likely you will have to appear in court at some point. Any criminal lawyer in Miami will tell you that appearance and behavior can make the difference between a lighter sentence and having the judge throw the book at you – so to speak. But how do you ensure that you present the best picture possible of yourself? That's exactly what we are going to discuss below.

The adage that you never get a second chance for a first impression applies to court appearances. Research shows that how judges and juries perceive the defendant is based upon the defendant's appearance. Although, one may hope that they look at the facts and listen to someone's words more than judging by one's looks; however, that is simply not human nature. They may not even realize that they are biased due to someone's appearance. And people often appear in street clothes during the trial; even when they have just come from jail. If the defendant seems unattractive or unlikable, then there is a good chance that it will factor into the decision of the court.

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 Posted on April 13, 2018 in Miami Criminal Defense News & Articles

Miami DUI Lawyer

Many people that are looking for a Miami DUI lawyer are concerned about what happens after you are accused of driving under the influence, and especially, what happens after a conviction. If you are facing charges of driving under the influence in Miami or the surrounding area, and you have never gone through the process before, then you will probably have lots of questions.

Many people wonder whether they will have a criminal record if convicted, how it will affect their lives and what they can do specifically to minimize the damage that has already been done. If you have been accused of driving under the influence, then you want to contact a DUI defense attorney in Miami as soon as possible. In the meantime, let's go over some of the questions you might have as a first time (accused) DUI offender.

The primary thing that you are probably wondering is what will happen if you get convicted – in essence, what's the worst-case scenario? In Florida, a DUI is a misdemeanor conviction that usually results in probation, hours of community service, a hefty fine of up to a thousand dollars and in the most serious cases, jail time. You might also have your driver's license revoked for up to a year. In addition to all of this, there are other consequences that you want to be aware of.

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 Posted on April 10, 2018 in Miami Criminal Defense News & Articles

Many of the questions that Floridians looking for a Miami criminal attorney often ask have to do with the background check process. Many want to know specifically what comes up on a background check; so, that they can be prepared if they apply for a job or try to rent an apartment that requires such a check. Although background checks can differ based upon the agency that is conducting it, there are some similarities across the board.

Let's look at some of the things that might come up on a standard background check. If you are accused of a crime, then you may want to contact a Miami criminal lawyer soon as possible to present the best defense and possibly avoid the background check problem altogether.

The first thing that you should understand is what comes up on a criminal record check. While not every background check contains a full criminal record check, some of them do. A criminal record contains arrests, charges and convictions. These can come up even on background checks that are run by employers. It all depends upon the company running the background check and how much the employer is willing to pay for the information.

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

Miami Criminal Lawyer

Have you been charged with indecent exposure, or do you have a friend or family member who has been charged with this crime? You may be wondering exactly what indecent exposure consists of and whether or not it is a good idea to contact a criminal attorney in Miami for help.

In the state of Florida, indecent exposure is the act of exhibiting or exposing sexual organs either in public or on private property within view of those on public property. For example, showing your private areas on a deck of a home that is within sight of those on a deck of another home. This exposure may be considered indecent or vulgar.

Streaking, which is a well-known prank, can be considered as indecent exposure and is often what most people think of when they consider this charge. The indecent exposure law includes being naked anywhere in public, except in places where you are allowed to be nude, such as a nude beach.

Proving an Indecent Exposure Charge

If you have been charged with indecent exposure, it is important to know your rights. A Miami criminal lawyer will be able to discuss your case with you and help you through these charges. In order for a prosecutor to prove that an indecent exposure crime occurred, there are four elements the State must prove beyond a reasonable doubt.

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 Posted on March 01, 2018 in DUI

Miami DUI Attorney

As a commercial truck driver in the state of Florida there are many laws regulating your driving. Some of these laws are more strict than laws for those who have a regular license and not a CDL. We understand that for our truck driving clients, the status of their commercial driver's license or CDL is highly important, when considering any consequences of a criminal case.

In the state of Florida, if you're a truck driver and you are arrested for driving under the influence of alcohol or drugs, you may face losing your commercial driver's license. Discussing your situation with a Miami criminal lawyer is recommended as your lawyer may be able to help you maintain your license in certain situations.

Reasons your CDL May be Suspended

There are many reasons that a person may have their commercial driver's license suspended. Being charged with a DUI is just one of them. Some of the other reasons that a CDL may be suspended include hauling illegal materials and having too many traffic violations. A CDL may be suspended for seemingly minor infractions because truck drivers need to drive as safely as possible while transporting goods throughout the state and the country.

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 Posted on February 28, 2018 in Criminal Attorney

In this day and age, we rely on our phones for a lot. Most of us do not leave home without our phone, ever. Also, our phones contain a ton of private and sensitive data, from bank accounts to social media accounts, and everything in between. With all of this information being stored on a phone, someone else having access to your phone can be a big intrusion of privacy.

When you are pulled over or if you are arrested, police officers will often search your vehicle or home for evidence. With the increased use of cell phones today, police officers may also try to get access to your phone, to search for more evidence to be used against you.

The question now is, do police officers have the right to search your phone without a warrant? Currently, in the state of Florida, lawmakers are working on ways to help you protect your privacy when it comes to your cell phone.

If you have been arrested or if you are pulled over, and a police officer asks to look at your phone, here are a few things that you should know.

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 Posted on January 30, 2018 in Miami Criminal Defense News & Articles

Have you been thinking about mailing out some packages? Perhaps you thought it would be nice to send one of your friends or family members a controlled substance, such as marijuana. While marijuana has been decriminalized in several states, you are still not allowed to send it in a package through the US mail. If you do so, it is considered drug trafficking and you could face felony charges.

Drug crime defense attorney in Miami know there are more than a thousand people each year arrested for trafficking drugs through the United States postal service. In the year 2015, there were over 34,000 pounds of marijuana recovered by the United States Postal Service. Marijuana is the most commonly seized drug by the USPS.

Why Would Someone Ship Marijuana through the Mail?

One of the main reasons that a person may attempt to send marijuana through the mail is because the fourth amendment offers some protection to them as citizens. This amendment states that a postal worker cannot open up most packages sent through the mail without a search warrant and probable cause. Other carriers such as FedEx, DHL, and UPS, do not provide this type of protection, as they may open up any package they wish.

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 Posted on January 29, 2018 in Miami Criminal Defense Lawyer

If you are speaking to a police officer about a sex crime, your case has already started. As soon as you have been accused of this type of crime, the investigation begins. This means that anything you say to the officer can be used against you. For this reason, it is important to have a Miami criminal defense lawyer by your side as soon as you know that you are being accused of a sex crime.

There are many things to consider when you have been accused of a sex crime and our Miami sex crime lawyer will be able to discuss all of these things with you. This includes whether or not you should take the case to trial. In reality, most cases do not make it to trial and are decided instead during pre-trial negotiations. Deciding to go to trial is a difficult decision that a lawyer can help you with.

Types of Charges

In the state of Florida, a sex crime may be considered a felony or a misdemeanor. Misdemeanors are less serious than felonies and come with a maximum punishment of up to one year in jail. A felony case is more serious than a misdemeanor charge and can be punished with more than a year in prison. The penalties and fines are dependent on the type of charge as well as the defendant's criminal history.

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

In the state of Florida, people are starting to see the opening of more medical marijuana dispensaries. This is good news for those who suffer from illnesses that can be helped by medicinal marijuana. However, if you own a gun, you should take note. If you have a gun and a medical marijuana card, you could end up facing some serious federal criminal charges.

The state of Florida allows a person to own a gun and to use medical marijuana, but not both. This is one of the restrictions that is listed on the form when purchasing a firearm. Federal law states that a person that uses marijuana, even medicinally, cannot purchase a gun legally. The reason for this is because marijuana, which has been decriminalized by many states, is still considered as a schedule 1 drug under federal laws.

According to our Miami criminal attorney, this is one area where some state and federal laws are in contradiction. This law has been challenged in federal court and upheld, so it remains in place for now. For this reason, residents of Florida are caught in a situation where they will have to choose between which is more important, their second amendment right to bear arms, or their medicine.

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 Posted on January 25, 2018 in Miami Criminal Defense News & Articles

You walk into a liquor store to purchase some alcohol and you walk out with it in a brown paper bag. This is a common practice in a majority of liquor stores across the United States. When you walk out you may think that you can simply open the container and drink out of it as long as the contents remain surrounded by the brown paper bag.

The truth of the matter is, as any Miami criminal lawyer will tell you, the brown paper bag does not shield you from any type of criminal charges if you are drinking alcohol in public. In fact, according to our Miami defense lawyer, drinking alcohol from a brown paper bag could even draw more attention to you, increasing your chances of getting arrested.

Here is a little bit of information about the drinking out of a brown paper bag myth.

Why Liquor Stores Use Paper Bags

Many of the myths that surround the brown paper bag drinking practice come from laws in certain states that do not allow liquor stores to sell alcohol that is not covered in some way.

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