Recent Blog Posts
Your Breath Was Over the Limit? Here Is How You Can Still Get Your DUI Dismissed
Drivers who are pulled over on suspicion of DUI and have breath tests results over 0.8 may feel that their fate is sealed. However, even if your breath alcohol level was over the limit, there is still a chance for the dismissal of your DUI case. A Miami DUI Attorney may be able to prove the officer did not comply with all of the procedures required to administrate a breath test.
The Rules of the 20 Minute Test
In the state of Florida, before administering a breath test during a DUI arrest, police officers are required to follow the 20 minute rule. For 20 minutes prior to the administration of the breath test, the person who has been arrested must go through an observation period, to make sure they do not belch or vomit up any alcohol or consume any substance that may affect the results of the test. Police officers are under considerable time pressure and may leave out a few steps or neglect a few details during DUI investigations. A criminal attorney in Miami can spot flaws in the investigation and may be able to exclude the breath test results from evidence.
Can an Officer Arrest You Outside of Their Jurisdiction? Miami Criminal Defense Lawyer Explains.
Often, when people are arrested, they assume the cards are stacked against them and the officer's actions will not be questioned. However, if an arrest has been made, the validity of the arrest is not a given. In many cases, evidence is thrown out when the arrest was done improperly or by officers functioning outside of their jurisdiction. A Miami criminal defense lawyer can help you determine whether the arrest was appropriate, and if it was not, then you may be free of the headache of having charges filed against you.
Schedule a ConsultationWhat About a Citizen's Arrest?
In reality, anyone can make an arrest given certain factors. Disclaimer: we do not recommend you make citizens' arrests. You could face civil and criminal liability in the event of an improper citizen's arrest. However, if someone is engaged in illegal activity or dangerous behavior constituting a felony, a citizen can act as an officer of the law and arrest someone. However, the activity the person is engaged in must be proven to be illegal and not merely annoying. If an officer has arrested you outside of their jurisdiction, they could cite their right to make a citizen's arrest, but they are given no more leeway just because they have a badge. Like anyone else, he or she would have to prove a citizen's arrest was justified. A criminal lawyer in Miami can clarify what constitutes a justifiable citizen's arrest and what does not.
Courts Take Technical Probation Violations Seriously…And You Should Too
Unfortunately, many people currently on probation feel they are at a safe distance from serving jail or prison time. However, they may find themselves behind bars if they violate the terms of their probation. Some of these violations may be obvious, such as committing new crimes. But if you are in the wrong place at the wrong time, miss a curfew or have not paid court costs, you could find yourself in hot water. A Miami criminal lawyer can help you avoid the worst consequences of technical probation violations.
How Are Technical Probation Violations Viewed and Treated?
When a court decides to put someone on probation, they have determined that the person does not yet deserve a jail sentence, as long as the terms of probation are complied with. However, a violation of these requirements may cause the court to change their mind about jail or prison. If the supervisor feels the probation terms have not been met, they will issue a notice of violation with the court. This can happen if there is a new arrest or simply a technical violation. A Miami Probation Violation Attorney can help ease the penalties for technical violations which may include:
How a Radar Gun Can Help You Beat Your DUI In Miami
People facing a DUI in Miami may feel so overwhelmed with the situation that they may not realize the technology the police used to make the arrest may benefit their case. The police have highly sophisticated devices to track speeding violations. These devices are frequently used in cases that result in DUI arrests. However, there are many requirements and regulations governing the use of these devices, and it is possible the officer did not use the technology properly. A Miami DUI Lawyer who is well-versed in these rules may be able to help get your DUI dismissed.
How a DUI Arrest is Made
To make a DUI arrest, an officer can't just go on a gut feeling to pull people over. They have to have some reasonable cause to stop a driver. The officer has to witness the driver operating his or her car in an erratic manner, violating traffic laws or speeding. A Miami criminal attorney will help get your case dismissed if a police officer pulled you over without having a legal reason to.
Miranda Rights: Criminal Lawyer in Miami Explains What TV Doesn't Tell You
Because of the numerous law enforcement shows on TV, most people are familiar with their Miranda rights. Most Americans know these from memory, and they can recite them.
Because we're so familiar with these words, we might think we know how to apply them in specific situations, but many of us really don't know what we're talking about. We're not familiar enough with the law to know how they should be applied or what they mean. Generally, a police officer doesn't have to read you your rights during a casual street encounter. However, they have to do so if they arrest someone and begin to interrogate them.
If you've been arrested, you need to get in touch with a criminal lawyer in Miami right away. A Miami criminal defense attorney can advise you of your rights and help you get through the difficult and perhaps dangerous interrogation. Our criminal defense lawyer in Miami knows how to handle the police and work with detectives to ensure that you don't get yourself in more trouble by making incriminating statements to the police.
I Took a Plea. Can I Withdraw My Plea? Miami Criminal Lawyer Explains
At Stroleny Law: Criminal Defense Attorney, we are no strangers to defendants and clients that wish to change their plea after the fact. It is quite common for defendants to change their mind as to how they wish to proceed, especially after they have spoken with a professional Miami criminal lawyer and learned more about the implications of their plea. For example, they may learn that their plea can impact their immigration status – that they might even face deportation!
This is why it is so important to find a criminal defense lawyer in Miami and to speak with them before making any decisions.
But what if you have already made your plea and you wish to change your mind?
If you have been arrested for a crime in Miami and you have already entered a plea of guilty or no contest, then there might be an option to withdraw that plea, assuming there is a good cause. It is important to remember that the judge has the discretion to allow this action. And normally, the judge's decision will be dependent on the presence of a good reason.
Miami Criminal Defense Attorney Explains Entrapment in Florida Drug Cases
When a regular citizen finds themselves on the receiving end of a criminal court case, it can be a normal response to feel rather helpless and even victimized. It can feel as though the 'force of the government' is being brought down upon you and there's nothing you can do to stop it.
But as a Miami criminal law firm, we have a more nuanced understanding of the law. When the law is being used as a weapon against citizens, we must put the law back to use for the benefit of the citizens.
In reality, the law is highly complex and is designed in a way to prevent it from being abused on either side. If you find yourself facing charges for crimes relating to drugs, then there are numerous defenses that a good Miami Drug Crime Attorney can use for your benefit.
One is the entrapment defense. Many criminal lawyers in Miami will overlook this option but it is a very important defense.
Basically, entrapment explains cases where you have been purposefully induced to engage in illegal behavior which you are not predisposed to do. For example then, if a police officer were to go undercover and sell you drugs only after "twisting your arm" to buy the drugs, this would be considered entrapment.
Driving with a Suspended License and DUI Should Not Be Tried Together
The law is a highly complex and intricate subject matter, with many different exceptions, rules and considerations. While this can sometimes seem inconvenient, it is actually that way for a reason. Laws regulate lives and life isn't always straightforward. There are exceptions for most rules. Such a protocol exists in order to protect the rights of regular people, while also giving the state the power it needs to maintain peace.
Is it perfect? Not at all. Especially because you need to have a full knowledge of the law in order to get it to work for you. Or at least you need to find a Miami criminal defense lawyer that understands the law and can represent you in court and advise you leading up to your hearings. At Stroleny Law: Criminal Defense Attorney we take great pride in our work to help regular people avoid unfair charges.
Take for example cases where you are caught driving with a suspended license while also under the influence of drugs or alcohol. In such scenarios, you might reasonably expect that the state attorney could try you for both of those crimes at the same time.
Miami Criminal Lawyers Must Advise Clients of Immigration Consequences
Miami criminal lawyers have a wide range of roles and responsibilities. Among these, it is our job to inform clients regarding the consequences that an arrest can have on their immigration status.
This is something that some clients do not immediately consider when choosing their Miami criminal defense attorney. When an individual is arrested and they are not a US citizen, there are deportation consequences that they may have to face and it is crucial that they are fully informed of what that may entail.
Even small misdemeanor criminal charges can potentially have serious implications for immigrants. The law actively requires criminal defense attorneys in Miami to discuss these potential outcomes with their clients and to advise them accordingly prior to their trial. This could impact their decision to plead guilty, or to make a no contest plea or a not guilty plea.
The problem here is that many of the criminal defense lawyers in Miami are not fully informed regarding these laws and they do not have all of the requisite information to pass on to their clients. Immigration laws in the US are vast and highly complicated and thus it is crucial when you choose someone to act as your representative and consult, that you ensure they have all of the most accurate, up-to-date and relevant information as it may pertain to your case.
Acceptance of Responsibility in Federal Court
There are several types of criminal defense law, each requiring special skills and experience. Federal courts and state courts need to be navigated in very different ways. Often, what works in one court won't work in another so a good criminal defense lawyer in Miami should be your first call. A knowledgeable federal criminal defense attorney can get clients big advantages with acceptance of responsibility points towards a sentence reduction. A lawyer who only handles state court cases won't be as experienced in this area of law. If you've been arrested and charged with a federal crime, it's important to get in touch with a Miami criminal law firm that can help you get out of trouble.
Federal Sentencing Guidelines
There are federal sentencing guidelines, and those guidelines mandate certain terms for people convicted of federal crimes. Every federal crime is assigned a level of severity, and the points correspond to a sentencing recommendation. One of the few ways to lessen the sentence below the standard sentencing recommendation is to attain a point reduction through the Defendant's acceptance of responsibility. An experienced criminal lawyer in Miami is going to give you the best chance at resolving your case.
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Connect with Us and Take the First Step Toward Justice
To get the legal help you need in your criminal case, reach out to our firm today. We will provide you with a free consultation where our attorney will review your case and advise you of your legal options.
66 W Flagler St., Suite 1005
Miami, FL 33130
P 305-615-1285
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From our Miami office, Stroleny Law: Criminal Defense Attorney serves clients across the city, including Allapattah, Brickell, Coconut Grove, Coral Way, the Design District, Downtown Miami, Edgewater, Liberty City, Little Haiti, Little Havana, Overtown, the Upper East Side (MiMo District), and Wynwood. Our reach also extends throughout Miami-Dade County, representing clients in Aventura, Coral Gables, Doral, El Portal, Florida City, Hialeah, Homestead, Key Biscayne, Miami Gardens, Miami Springs, North Miami, North Miami Beach, Opa-locka, Pinecrest, South Miami, Sunny Isles Beach, Sweetwater, and West Miami.
Results listed are not a guarantee or indication of future case results.
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66 W Flagler St., Suite 1005, Miami, FL 33130
305-615-1285
