Articles Tagged with criminal defense lawyer

If you are arrested for domestic violence in Fort Lauderdale, there is no one-size-fits-all defense solution. That said, there are some strategies that are commonly used because they have proven effective in many cases. Fort Lauderdale domestic violence lawyer

When you hire a defense lawyer, you can generally trust they are going to carefully examine the police incident report, arrest affidavit, and any existing evidence to begin formulating their legal approach.

Some questions we may ask in our initial review of the facts:

Florida law imposes minimum mandatory sentences for certain serious or violent offenses. However, even someone who is convicted of a less serious offense may face severe penalties – if they had a prior conviction. Fort Lauderdale criminal defense attorney

In fact, the state legislature imposes several categories of sentencing enhancements for repeat offenders, which include:

  • Habitual felony offender
  • Habitual violent felony offender
  • Violent career criminal
  • Prison releasee reoffender

As our Fort Lauderdale criminal defense attorneys can explain, anyone previously convicted of a crime who now stands newly accused must take the potential consequences seriously. Investing in quality legal representation is an imperative when the stakes are so high for your freedom and future. Continue reading

Navigating the Florida criminal case process is overwhelming for anyone arrested in the Fort Lauderdale area. Working with a dedicated Broward defense lawyer who knows the law, the local players, and the legal strategy most likely to help you prevail is essential. Broward defense lawyer

That said, we do like our clients and their families to have a basic understanding of how the case is going to proceed from start to finish. It’s worth noting that this process is applicable to state-level cases, not federal. Further, every case is different. One thing they all have in common, though, is that studies show the sooner you hire an experienced criminal defense team, the more favorable the outcome. (One analysis found that criminal defense attorneys in one large city helped reduce the murder conviction rate of their clients by 19 percent and reduced the probability of their client receiving a life sentence by 62 percent. Overall time served in prison was reduced by 24 percent.)

Our battle-tested criminal defense team is prepared to go to bat for each and every one of our clients, whether they’re facing felony or misdemeanor charges.

Arrest and Notice to Appear

This marks the start of your Florida criminal case. If an office of the law (typically a police officer or sheriff’s deputy) has probable cause to reasonably believe you committed a crime, they can make an arrest. Sometimes, this is predicated on the basis of an arrest warrant that has been written and signed by a judge. Other times, it stems from evidence gathered while officers are patrolling or responding to specific calls for assistance. Continue reading

Misdemeanors are criminal charges that categorized as less serious than felony charges, with lesser penalties and lower fines. For this reason, many people choose to forego hiring a defense lawyer and take their chances. However, there are many reasons this is inadvisable. Hiring a defense lawyer for a Miami misdemeanor can often help to significantly reduce the lasting consequences of a permanent criminal record.Miami misdemeanor defense lawyer

Our goal as your lawyer is to work toward a resolution that is going to leave you with as few longstanding ramifications as possible. What we will first do is look for any way to have the charges dismissed outright. If that isn’t likely, our strategy is to minimize the damage, possibly negotiating a plea to lesser charges and arguing for the minimum incarceration and fines.

Examples of misdemeanor crimes in Florida include:

  • Shoplifting.
  • Trespassing.
  • DUI.
  • Solicitation for prostitution.
  • Disorderly conduct.
  • Reckless driving.
  • Criminal mischief.
  • Simple battery.
  • Underage possession of alcohol.

What many people don’t understand is that just because a charge is a misdemeanor doesn’t mean a conviction will have a minor impact on your life. Never assume that this will be a “slap on the wrist” that you can easily move past. Continue reading

A new Florida bill aims to erase minor misdemeanor marijuana convictions, including distribution and possession of less than 20 grams. The bill wouldn’t automatically expunge criminal records, but would make it easier for those with convictions to have them removed, according to the Orlando Sentinel. Fort Lauderdale criminal defense lawyer
Sponsors noted the many ill effects of “minor” crime convictions, including blocked job opportunities, rejection from certain schools, loss of public benefits and housing. All this of course is on top of the expenses of arrest, incarceration, fines, etc.
Some convicted of non-violent felony drug crimes fare even worse. The Miami New Times reported on the case of a 45-year-old from Brevard who was a 22-year-old college student in 1997 when he was arrested on felony drug charges for having a two-inch plant growing out of a coffee cup in his home. Officers spotted it while responding to an unrelated matter with his roommate. All these years later, it still prevents him from finding housing and employment – despite the fact that the drug is legal as medicine in Florida and for recreation use in 15 states and Washington, D.C.

Protests over systemic police brutality against Black individuals has shined a light on the many forms of technology law enforcement has in its arsenal. One of those – surveillance technology and facial recognition – is increasingly being used by Florida police agencies to collar protesters on criminal charges.Fort Lauderdale criminal defense lawyer

For those who may be unfamiliar, facial recognition technology uses a photo of someone to compare it to other photos in an existing database. In Pinellas County, for instance, the facial recognition system used by the sheriff’s office draws from a database of approximately 38 million photos – everything from driver’s licenses to ID cards to mugshots.

It’s a tool that has been gaining in popularity with police over the last 20 years, but it’s been highly controversial, raising concerns about privacy, mis-identification potential and the risk of racial profiling and surveillance. Continue reading

The internet has been revolutionary, allowing us to connect with others – locally and across the globe – in real time in a way that’s never before existed in human history. But it’s not been without its complications, at least where application of the law has been concerned – and that includes criminal law.criminal defense lawyer

Although many online interactions and exchanges – however heated – can be safely considered “free speech,” its bounds aren’t limitless. In fact, communications over the internet may in some cases be at higher risk of crossing the criminal threshold because they lack the benefit of context, inflection or familiarity of face-to-face or even phone conversations.

Florida criminal defense attorneys know law enforcement agencies are increasingly keen to solicit and investigate tips of threats made online, particularly in the wake of several mass shootings. Some agencies have said that dozens of potential shootings were stopped by this heightened vigilance in the wake of shootings in Dayton and El Paso.

Still, many of those charged find themselves bewildered that words, images or videos posted to a Facebook page or Instagram account might potentially have them facing jail time. Continue reading

Florida’s “Stand Your Ground” self-defense law was recently tested by a jury, which found the defendant guilty of manslaughter for killing another man following an argument over a parking spot last year.criminal defense lawyer

Fort Lauderdale criminal defense lawyers understand the local sheriff’s office didn’t initially arrest the suspect, citing the Stand Your Ground law. The defendant was white and armed, while the man he killed outside a convenience store was black and unarmed, setting off racial tensions. Authorities did arrest the defendant three weeks later when prosecutors decided to charge the defendant with manslaughter.

The defense lawyers intend to appeal, believing the state attorney’s office filed the charges to appease pressure from political activists.

Continue reading

Manslaughter is the killing of another human being without malice aforethought. That means a person may not have intended for the other person to die (unlike homicide/murder), but nonetheless that was the result of one’s conduct, usually reckless or criminally negligent. It can stem from crimes like driving drunk, criminal assault or neglect. In these cases, it is not necessary to prove intent.manslaughter defense lawyer

Recently, several nursing home employees were arrested on charges of manslaughter, pursuant to F.S. 782.07, following the deaths of 12 elderly patients who overheated in sweltering conditions with no air conditioning after Hurricane Irma struck South Florida in 2017.

Manslaughter is considered aggravated when it involves the death of an elderly person or disabled adult due to culpable negligence without lawful justification. Culpable negligence, as noted in Florida Standard Jury Instructions, is defined as a course of conduct that shows reckless disregard for human life or for the safety of individuals exposed to it that displays recklessness or wantonness. Continue reading

It’s no secret that immigration enforcement has increased in recent years under President Donald Trump’s administration, the stated purpose being to target undocumented residents who commit crimes. However, The Tampa Bay Times reports that federal data shows detention of immigrants with no criminal conviction has soared. This is especially true here in Florida, where arrests of undocumented persons with no criminal records were seven times more likely to be arrested now than they were four years ago – twice the national average. Fort Lauderdale criminal defense lawyer

As our Fort Lauderdale criminal defense lawyers understand it, traffic offenses in particular are the primary vehicle by which this crackdown is being facilitated. Immigration attorneys report clients frequently being pulled over on their way to work for minor traffic infractions. Some agencies are accused of relying on racial profiling to net the highest number of undocumented immigrants, with heavy (some say excessive) enforcement of traffic laws being carried out in Hispanic neighborhoods.

It is true that anyone – regardless of criminal background – can be arrested, detained and deported. However, the priority has historically been to target undocumented individuals who pose the greatest threat to public safety, border security and national security.

That doesn’t appear to be what’s happening. Continue reading

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