Posted on December 28, 2016 in Miami Criminal Defense News & Articles

Being charged with Driving Under the Influence (DUI) can be complicated and have serious consequences, but an arrest and conviction for DUI manslaughter constitutes a felony conviction and carries a four-year minimum mandatory prison sentence as well.

If you have been charged with a DUI manslaughter in Miami, the very first thing you should do is consult with a Miami DUI Lawyer who has handled DUI related cases. An experienced criminal defense attorney will be able to guide you through the lengthy and complicated process of defending against allegations of DUI Manslaughter.

What Constitutes DUI Manslaughter in Florida?

Florida Statue 316.193 defines DUI manslaughter as any person found to be DUI at the time of an accident that results in the death of a human being or unborn child. Manslaughter is defined as the act of involuntarily taking someone else's life, and DUI manslaughter is the most serious of all DUI-related offenses. Not only do allegations of DUI manslaughter include legal ramifications, but it can also cause severe emotional distress on the accused individual.

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 Posted on December 26, 2016 in Miami Criminal Defense News & Articles

Criminal Attorney in Miami

In an age of increasing surveillance, yet another level of technology is being added to the growing list of surveillance methods employed by companies and police alike: facial recognition. Walmart is one of the first companies to do so in the US, though its system is currently only in its test stages. In the State of Florida such surveillance technologies are restricted. For the technophobes among us, this thought should provide some relief, especially since facial recognition technology is not yet completely accurate, and may result in wrongful prosecution. If you believe that you've been unreasonably prosecuted through the use of facial recognition technology, it may be worthwhile to hire a Miami criminal defense attorney to fight your case.

Google's Facenet system is a project which aims to produce enough data to generate accurate facial recognition technology through deep learning. As per 2016 studies, Google demonstrated that as the size of a sample group increases, accuracy begins to drop off. Within a group of 1 million people, accuracy drops to only 75%. Such facts can in theory form a useful basis for a defendant who hires a criminal attorney in Miami in the belief that they have been wrongfully accused of shoplifting.

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 Posted on December 24, 2016 in Miami Criminal Defense News & Articles

Have you, or someone you know been accused of serious assault in Miami? Were you in a position where self-defense was the only viable means of protecting your life or property? Maybe you've been falsely charged as the instigator while simply defending your home or vehicle. Fortunately the laws of Florida were created with such incidents in mind. Knowing your rights may be vital to your case and give you peace of mind even before you visit a criminal defense attorney in Miami. Here's a brief overview of Florida's "Stand Your Ground Law."

As its name implies, the case for your innocence can be made in certain cases by citing this law if your Miami criminal defense attorney can demonstrate that your property has been unlawfully intruded upon. In such cases, owners as well as lessees are within their rights to use deadly force instead of retreating. A criminal lawyer in Florida will however be required to prove unlawful intrusion. The law does not function as a blanket defense in all self defense cases, nor can it be cited as a defense against other lawful owners, lessees or title-holders of the property.

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 Posted on December 23, 2016 in Miami Criminal Defense News & Articles

Miami Criminal Lawyer

Firstly, the most obvious point needs to be made: Members of the public are prohibited from driving a vehicle without the appropriate license. This applies to any class of vehicle where licenses are required. An exception may however be granted if it is presented by a reputable Miami criminal lawyer when the individual was unaware that their license was revoked, suspended or canceled. Criminal lawyers in Miami may therefore be able to assist you in these circumstances.

Legal Precedents Drawing on Disagreement Regarding Vehicle Class

Because historically, there has been very little room for defendants to make the plea that laws relating to vehicle classes are vague, a criminal law attorney in Miami will not likely be able to assist a defendant on such grounds. This has been demonstrated in the State of Florida v. Melissa Meister. The appellee pleaded that she was not guilty of driving a moped with a suspended license on the grounds that the vehicle made use of pedals that allowed human propusion. Despite the vehicle's displacement being less than 50cc and its operating on less than 2 horsepower, the defendant's motion to dismiss the charges was not granted.

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 Posted on December 22, 2016 in Miami Criminal Defense News & Articles

Criminal Lawyer In Miami

In Miami, it's your right to receive constitutional protection from unlawful police searches and seizures. When building a case for their clients, a Miami criminal lawyer generally considers the three classes of encounters.

Consensual Encounters

In consensual encounters, the individual is allowed to refuse to interact with an officer. From the officer's perspective, it should be noted that police have the right to question the individual but the individual is not required to comply.

This situation only becomes an investigative stop when officers have good cause for suspicion. In this situation, you are within your rights to refuse to comply with questioning. Should you be the victim of an unlawful search, a criminal defense lawyer in Miami can be hired to uphold your fourth amendment rights.

Investigative Stops

Since the historical case of Florida v. J.L. and Brown, Florida's courts have upheld the principle that investigatory stops can be carried out only when an individual matches a very specific set of descriptions or with the aid of sufficient corroborating evidence.

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 Posted on December 21, 2016 in Disorderly Conduct

Avoid a Disorderly Charge This Holiday Season

Miami criminal defense attorneys are accustomed to receiving something of an avalanche of phone calls this time of year as revelers and New Years party-goers take to the streets. Many people are invariably arrested on the grounds of raucous behavior. Don't allow yourself to be one of those on the wrong side of the law.

Being drunk in public can result in the most unexpected of outcomes, not all of which lead to festive and joyful feelings. So by all means, hail a cab after a few drinks and take to the sidewalks to jump into the passenger seat of your ride home, just don't cause a public disturbance while you're at it. Although laws in Florida allow individuals to be intoxicated in public, loud behavior is treated as a 2^nd degree misdemeanor and can result in breach of the peace charges being laid against you.

The said breach of public peace laws in Florida can result in fines of up to $500 and land you in jail for as long as 60 days. Sobering facts for anyone who wants to avoid being locked up during the holidays. Other violations which a criminal defense attorney is accustomed to hearing include the use of obscene or abusive language, making excessively loud noises and of course, public brawling. Riots are less common, but constitute a serious criminal offense.

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 Posted on December 16, 2016 in Miami Criminal Defense News & Articles

In the state of Florida, Burglary is defined as the unlawful entrance into a residence, a business, or a structure without expressed permission by the property owner with the intent of stealing property or committing a crime. Remaining inside a residence, a business, a structure after the permission to remain inside has been removed with the intent of committing a crime while inside is also considered burglary.

Burglary Crimes in the State of Florida

In the state of Florida, there are three types of Burglary crimes:

1. Burglary of a Dwelling – A dwelling is considered to be any type of conveyance or structure that has a roof and is intended to be used as a residence.
2. Burglary of a Structure – A temporary or permanent building, of any kind, that has a roof and walls.
3. Burglary of Conveyance – A conveyance is considered to be any type of motor vehicle, ship, railroad car, trailer, aircraft, sleeping car or vessel.

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 Posted on December 01, 2016 in Miami Criminal Defense News & Articles

If you have been charged with any crime in the state of Florida, contacting a criminal lawyer in Miami is critical. A criminal charge can have serious ramifications, including costly fees, jail time and a permanent record.

Whether it is your first offense or you are a repeat offender, Miami criminal defense lawyers can challenge the charges that have been brought up against you on either constitutional, statutory or administrative grounds.

Types of Defenses for a Criminal Charge

Whether they are challenged on constitutional, statutory or administrative grounds, the defenses used to challenge a criminal charge will fall into one of two categories:

1. Pretrial Defense
2. Trial Defense

Pretrial defenses are those defenses that are raised before a case proceeds to trial. Their goal is to call into question the legality of how the evidence that will be used against you was obtained, and whether that evidence was sufficient enough to charge you with the crime.

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 Posted on October 20, 2016 in Disorderly Conduct

Have you been arrested and charged with disorderly conduct in the state of Florida? If so, you are going to need the legal guidance of a Miami criminal defense attorney.

Under the Florida Statute 877.03, disorderly conduct occurs when a person:

• Commits any act that corrupts the morals of the public, outrages the sense of public decency or impacts the peace and quiet of anyone else who witnesses the act
• Is involved in fighting or any other physical altercation, or commits any other act that is considered to be a breach of peace

Consequences for a Disorderly Conduct Charge

In the state of Florida, the crime of Disorderly Conduct is considered a second degree misdemeanor. If you are convicted of this crime, you could be sentenced to up to 60 days in jail, up to 6 months of probation and up to $500 in fines. A judge has the right to impose any combination of these penalties on you, as he sees fit.

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 Posted on October 19, 2016 in Miami Criminal Defense News & Articles

A Schedule IV drug in the state of Florida, being caught with any amount of Xanax – even just one pill – is considered a third degree felony. As such, the consequences for being found in possession of Xanax are costly and detrimental.

Consequences for Xanax Possession

Because Xanax possession is considered a third degree felony offense in the state of Florida, the consequences for being caught with it can be severe. If you are found guilty, your punishment could include up to:

• Five years in prison
• Five years of probation
• A $5,000 fine

Assigned as a Level 3 offense under the state of Florida's Criminal Punishment Code, a judge could sentence anyone who has been convicted with the possession of Xanax to probation; however, he or she also has the option to impose a lengthy sentence that goes up to the statutory maximum.

Additionally, any person who is convicted possession of Xanax will have lose their driving privileges for two years by the Florida DHSMV.

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