Miami Criminal Lawyer Blog

There has been much debate over the “Stand Your Ground” Law in Florida. Typically, this law allows individuals to have more protection when it comes down to self-defense. Residents do not have to walk away from a situation anymore to avoid any deadly confrontations.

Robert Batey, a Stetson University College of Law professor, states that people think they have more rights than what the “Stand Your Ground” law actually entails. This can cause more damage and problems than before. People are now using more deadly force than they would have thought twice about using before the law was set in stone.

Continue reading " Stand Your Ground in Florida: Just or Unjust? " »

Sexual assault is a serious condition in the United States. Statutory rape is the process of an adult forcing a child or minor, who is not of legal consenting age, to participate in sexual activities as well as inappropriate touching. The court system is no very lenient on individuals who commit this type of crime. Sexual assault is the same idea, but it is between two adults.

Statutory Rape

Child molestation is another term for statutory rape, and is a very serious crime. In many jurisdictions, the ability to be a consenting adult depends on the mental age and capacity of the individual. It does not necessarily mean the person is the legal adult age of eighteen, because if he or she is not mentally able to make adult decisions then they are not a legal adult under the judge's eyes.

Continue reading " Sex Crimes: Statutory Rape and Sexual Assault " »

Burglary is a crime that consists of breaking into a home with the intent to steal. Burglary is still considered a crime even if the intruder does not steal anything from inside the house. Breaking and entering is a felony, and there are harsh punishments for those that partake in it.

Elements of Burglary

A few elements put breaking and entering in the category it is in, such as:

· Breaking can actually be by force through a door, constructive and even by threats. Nothing is broken, but if someone enters a part of a home that they were not invited into, then that can be considered burglary and breaking and entering.

Continue reading " The Severity of Breaking and Entering and the Penalties You Face in Florida " »

Being prosecuted for a drug crime is a very serious offense. It is common for the whole prosecution team to be in the courtroom at the time of a drug hearing so they can make sure the criminal serves the jail time he or she deserves. This is why it is a great idea to have a Miami-Dade criminal defense attorney representing you the whole way.

The Federal Sentencing Guidelines prove that if an individual is charged with a drug offense, he or she will serve mandatory time in federal prison. There are very limited amounts of opportunities to be released on parole.

Continue reading " Drug Charges are Still Very Serious Crimes in Miami " »

Manslaughter is more commonly known as an individual killing another human being. Vehicular manslaughter is when the individual dies from an automobile accident. For example, if there are two parties involved in an automobile accident, and the driver not at fault was killed, then the other driver can be charged with vehicular manslaughter.

Types of Manslaughter

There are two types of manslaughter that a person can be categorized under:

1. Voluntary manslaughter: This is when an individual intentionally kills another human being or causes them severe harm.
2. Involuntary manslaughter: This has the same concept as voluntary except the individual is not causing harm with intent. Involuntary manslaughter most commonly occurs when someone is committing an unlawful act and ends up seriously injuring someone or even causing his or her death.

Continue reading " Vehicular Homicide and DUI Manslaughter " »

Domestic violence occurs between two people that are in or have been in an intimate relationship, or people that live in the same household. The most common example of a domestic violence attack is usually between a married couple. The majority of cases show the wife being the victim and the husband causing the damage; however, it can go either way.

A few examples of domestic violence are homicide, assault, battery, rape and stalking. In most cases, domestic violence is used to intimidate the other person involved. Domestic violence can come in many forms such as:

Continue reading " The Harsh Facts about Domestic Violence " »

There is a reason that an individual is lawfully supposed to have a firearm certification in every state. On that note, the firearm has to be locked up in a safe place if the owner is fully aware that minors can have access to the deadly firearm.

On December 5, 2009, a three-year-old girl was found dead in a South Miami-Dade home. The victim’s family has no idea what happened, but the authorities have the reason to believe that the little girl picked up the gun on her own and shot herself. She was visiting friends and family and found a small caliber gun. The little girl’s identity has yet to be released, but she was airlifted to a children’s hospital in Miami where she was later pronounced dead.

Continue reading " Firearms and Deadly Weapons " »

Driving under the influence is a very serious charge, and the best thing to do is hire a Miami DUI lawyer to help you through the difficult situation. It is very important to be aware of the severe penalties that you can receive when charged with driving under the influence.

Penalties and Consequences

Several people are aware and understand that a suspended driver’s license is the first punishment one can receive when receiving a DUI, but there are several others as well.

Continue reading " The Penalties of Driving Under the Influence in Florida " »

There is a huge difference between parole and probation for a criminal offense. Probation is court ordered, which is usually given as a punishment for committing a crime. Most of the time, probation is an additional punishment that goes along with jail time. Parole is granted to an inmate after serving so much time in prison. Many inmates are released for good behavior or time served and are then offered parole as a probationary period.

Probation

Miami criminal defense attorneys can walk you through every process of probation. When an offender is placed on probation, they have to follow certain rules and standards that the judge has ordered. In most cases, the offender has to follow these rules:

· Be in by a certain curfew
· Stay in the jurisdiction
· Stay away from firearms
· Offender cannot hang around other offenders

Continue reading " Offenders on Probation, Inmates on Parole " »

There are several reasons that one may be under arrest such as driving under the influence, domestic violence, child abuse, etc. If you have ever been in custody then you probably know the process could be very scary. Let us say, for instance, you or someone you know are stopped for speeding. The police officer may perform a sobriety test if he or she smells alcohol on your breath. If for some reason the officer believes you are over the legal limit then an arrest is valid, on the spot, for drunk driving. A Miami DUI lawyer is the perfect person to help you get through this difficult time.

Getting Arrested

Once a person is arrested, they will be taken into custody and put into a jail cell. If there is nobody else with the person at the time, then his or her car will be impounded. In some cases, the police officers may give you a stern warning and let you go with a harsh punishment. At other times, you may not be so lucky. An individual charged with a crime can end up with a criminal background.

Continue reading " Getting Arrested and Knowing your Rights in Miami Florida " »

If you or someone you know is going through a felony offense charge, then you may know about the three strikes law. This situation arises when an arrested individual is a repeat offender of three or more felony charges. The term actually comes from baseball when the batter receives two strikes before being out after the third.

What is the Three Strikes Law?

This is a law that increases the prison sentences for repeat offenders whether it is a felony regarding drunk driving, domestic violence or any other criminal offense. On the third strike, the judge gives the offender prison time. The first two instances may not result in a prison sentence, but that is why it is like baseball…third strike and you are out.

Continue reading " How Fair is the Three Strikes Law for Miami-Dade Criminals? " »

When individuals are part of a criminal offense, there is a way that the charge can be erased from the defendant’s record. An expungement is ordered by the court, and the criminal record is “sealed” or by the eyes of the law, it is erased. Miami criminal attorneys can walk you through the process and help you with any situation that may arise.

A great thing about sealing and expungement, for the defendant, is the process of applying for a job. He or she does not have to state the conviction on the application. The conviction is still on the defendant’s record, but it is only available for legal authorities and not public companies.

Continue reading " Expungement: A Way to Clear Criminal Records " »

In most situations, criminal cases end in plea bargains from the court. Miami-Dade criminal lawyers can help during this tough time and help their clients understand the offer. Plea bargains happen before the case goes to trial, and the sentence is almost always lesser than it would be if the client goes to trial. Most Miami-Dade criminal defense attorneys will persuade their client to accept the plea bargain because there is a chance the offense can be dismissed from their record.

Why the Accused is Offered a Plea Bargain

Any outcome for a client and their case is unpredictable. Fortunately, this is why the state will offer the Miami-Dade criminal lawyers and their client a plea bargain. In the end, the accused receives punishment and they are proven guilty.

Continue reading " What Defendants Should Know About Plea Bargains " »