According to the Miami Herald, the video was titled, “Beating up a Crackhead.” The three suspects were Brandon Edwards of Fort Lauderdale, 19; William Sleight of Deerfield Beach, 19; and Bradley Wunderlich of Parkland, 22. An accomplice helped record the video with Sleight who is also 19-years-old, Nicholas Bakum.
If these four suspects had been convicted of kidnapping, they could have received a maximum sentence of life in prison. According to the defense attorneys, the suspects were trying to remove a highly intoxicated man from the motel they were staying in, Blue Sky Motel. Cunningham did not recall the occurrence of the incident, and watching the video did not recreate any memories.
Edwards was previously convicted of beating a man, in 2009, and causing his death. Miami criminal lawyers can assist his or her client in every aspect of an upcoming trial. The attorneys will handle all of the necessary paperwork and documents, as well as inform you of when any trial and hearing may occur.
The purpose of criminal law is to protect the citizens and public. For example, Florida criminal law can rule the sort of violence that people put on others; it can control the way people drive, and even monitor the way people behave around others. The obvious breaches of criminal law are things like murder and rape.
When it comes down to prosecuting a criminal, it can be under a criminal or civil law. Criminal law involves more severe cases that may need to include the state, whereas civil law is held in a much smaller building. Contact a Miami criminal lawyer if you are ever in trouble with a Florida law.
Rico stands for Racketeering Influenced and Corrupt Organizations. Rothstein ran an investment for over one billion dollars. The defendant had originally pled not guilty in December, but decided to change his plea. Rothstein was the backbone to the biggest investment fraud in case in the history of South Florida.
Money laundering is considered an act of concealing the ownership of money that is acquired in illegal ways. When someone is a part of money laundering, he or she makes it look like the money came in legally.
Three Steps to Money Laundering
Miami criminal defense attorneys are the best people to help in situations concerning this crime. There are three basic steps to money laundering, and they are:
1. Placement: This step requires the launderer to put the dirty money into a legit financial account. This is the most dangerous step because cash is deposited in lump sums. Banking institutions are in charge of reporting any suspicious activity such as an enormous cash deposit.
2. Layering: This is the process of sending the money through several transactions so it is hard to track and follow. The transactions are usually made through different accounts in different countries with different names. The whole point of this step is to make the money completely untraceable.
3. Integration: At this point, the money re-enters the economy in a legitimate looking way. This is the last stage of money laundering, and it is very difficult for the officials to catch the launderer because there are no previous documents on the money.
Most of the time, money laundering is involved with drug trafficking and terrorist attacks. It is difficult for the FBI and such to decipher which transactions are fraud because there are so many deposits made daily in the United States.
There are many ways that people have laundered money. “Smurfing” is the simplest way. This is when the criminals need to launder less than $10,000 into various accounts. An intermediary transports the money for deposits somewhere else. Shipping the money abroad is another way that criminals launder money. The money is shipped in bulk amounts and put into offshore accounts until it can be transferred back to the launderer.
Money laundering is considered a felony and can give someone extensive jail time. Miami criminal lawyers are experienced in this area of law and can help anyone with a difficult situation.
Yuby Ramirez, a Miami-Dade mom, previously ran in the middle of the circle of drug lords. Ramirez played a large supporting role in the murder of a government witness, which will cause her to serve the rest of her life behind bars.
Ramirez disregarded the plea bargain because her Miami criminal defense lawyers thought she was innocent. Ramirez, herself, thought she was innocent also. The lawyers thought that Ramirez would be charged with manslaughter instead of first-degree murder, and that she would serve a maximum of ten years in prison if convicted.
Drug Trafficking
Drug trafficking involves every area of the drug world.
1. Manufacturing
2. Sales
3. Distribution
4. Possession
Drug trafficking occurs with the intent to sell or distribute, and smuggle a controlled substance. When someone is charged with the crime of drug trafficking, it does not include the possession of the drug. They are two separate charges unless it can be proven that the individual had the intent to sell the drugs.
Some people may believe that the federal government is too hard on individuals that are involved in drug trafficking. If someone is convicted of being a part of drug trafficking, he or she will be given an automatic predetermined incarceration sentence. In some cases, this has put far less violent drug criminals behind bars rather than the more dangerous criminals.
For a first time offender, the average sentence behind bars is one to three years. More than 50% of the convicts in prison are somehow related to drug trafficking. Miami criminal lawyers can help in this area of law whenever needed. Violent offenders serve approximately 54% of his or her sentence, but drug offenders will serve closer to 85% of his or her prison sentence.
Drug trafficking is the most serious crime of all drug offenses. The consequences of drug trafficking will be more harsh if the drugs were intended to be sold to minors, or if the drugs are handled in a school zone. It is very rare for a drug offender to receive a light punishment especially if he or she does not use a Miami criminal lawyer.
Miami criminal defense attorneys can look through your case and help you decide whether it is a good idea to take a plea bargain. The lawyers can also walk you through each process as they are encountered.
Process of Expunging
Miami criminal attorneys can assist you in expunging your record in many ways.
• You will be able to de-stress and relax while the Miami defense attorney handles all of the necessary paperwork.
• The lawyer will mail any documents to you that need a signature. You will always stay informed of anything that progresses in your case.
• Once the date is set for a hearing, which may not be necessary, the attorney will contact you with all of the information.
Miami criminal lawyers can expunge criminal records as well as juvenile records that are delinquent and diverse. The biggest advantage to hiring a Miami criminal defense attorney is that you do not even have to drive to the office. The entire process can be handled through the mail and over the phone.
Sealing or expunging your record is a low cost start to improving your life. Once the misdemeanor, felony or other criminal charge is dismissed, the public will not be able to access the information. It will be easier to apply for a job and/or a loan. The police and legal authorities may be the only people who can access the information that was expunged.
Many law firms offer student and military discounts to those individuals who qualify for the process. The length of the entire process can vary, but the average length of three to six months depends on the following criteria:
• Whether your case is going to be expunged or sealed (expungements take a little bit longer because of legal requirements)
• The longevity of your case can also depend on the county that is handling it. Some counties are more time efficient than others.
• The Florida Department of Law Enforcement must file the certificate of eligibility; however, this can take up to five months.
• The individual judge has the final say to the process, and this can take a few months as well.
Sealing or expunging your record is rarely a completed process within 2 months. If someone tells you this is possible, you may want to research the specific Miami defense lawyer. It is great to find out what areas of law your Miami defense attorney is most qualified in and the outcome of his or her previous clients.
It is easier to qualify for sealing or expunging of your record if you have never been convicted of a previous crime. Find your local Miami defense attorney to help you with the lengthy process and help your criminal record. Contact us at (305) 571-9800 to speak to a Florida attorney about expunging your record.
It can be a very nerve racking and stressful situation if you or someone you know has ever been arrested for driving under the influence. It is a law once in custody that the police officer must read you your Miranda Rights that informs you that you do have the right to an attorney, but whatever you say may be used against you in court.
It is most common to demonstrate roadside tests on the driver before blowing in a breathalyzer. There are several different tests such as:
1. Reciting the alphabet (sometimes backwards)
2. Walking in a straight line
3. Touching your finger to the tip of your nose
4. Balancing on one foot at a time
5. Bending over forward and backwards with eyes closed
These tests measure the driver’s mental acuity and physical dexterity. Officers will usually ask the driver to perform at least three of these field sobriety tests. In a DUI situation, the driver always has the option to hire a Miami DUI lawyer. The main reason to have a Miami lawyer assist you in your case is that they can help get you a lesser sentence or possibly get all charges dismissed.
Most people have jobs so it can be a terrible idea to serve jail time. Other options are probation, community service or vehicle impound. These will probably affect the work life as well. It is common for the driver to lose his or her driver’s license on the first DUI offense. DUI laws are extremely complicated and only a Miami criminal lawyer can help make the process much smoother and easier.
Law enforcement cannot arrest anyone they want. There must be probable cause for a search and seizure and an arrest. The officer has to witness the driver doing something against the law. If for some reason you were arrested without probable cause then your case can be dismissed.
In some cases, if the driver is under the blood alcohol content level and performs the field sobriety tests well, the officer may let him or her go with just a warning.
Always remember that Miami criminal defense lawyers are on your side. They are there to represent you in the best way they can and help you with your case.
]]>These two defendants are facing a jury trial together with the help of their Miami criminal lawyers. The charges for Darling and Larose are second-degree murder of Jenkins and first-degree murder for attempting to kill each other. The two defendants got into a shoot out in broad daylight back on this terrible day in 2006. One of the bullets fatally struck Jenkins, killing her. Both defendants claim they were shooting in self-defense.
It seems this encounter of self-defense took place during a drug deal in the Liberty Housing project. Because of his carelessness, Darling will spend up to fifty years behind bars. Their shooting rampage, or self-defense, cost an innocent nine year old her life, and it is only right that her parents and family want to see these men pay for their crimes.
The jurors in the case do not believe that Darling intentionally wanted to kill the girl, but more or less that Jenkins was in the wrong place at the wrong time. She was playing in her front yard…that does not seem like the wrong place. The defendants were definitely at fault here. Miami criminal defense attorney states that the “Stand Your Ground” law covers Darling because he fired after Larose pointed the weapon at him first.
Unfortunately, prosecutors are claiming that Darling cannot benefit from this law because he is a convicted drug felon who cannot legally carry a firearm. The “Stand Your Ground” law is for those residents that act lawfully, and as said Darling does not fit this description.
Stand Your Ground
The Florida law helps residents with self-protection or self-defense. There are four main components, which are:
1. Visitors and law-abiding residents may threaten intruders of his or her home or automobile with force, including deadly force.
2. If an individual is at a place that he or she has every right to be at, and another individual comes up causing problems or jeopardizing his or her life, then that said person can attack back with force as self-defense. This is only appropriate if the person feels it is necessary to keep themselves safe from their attacker.
3. Any individual using a self-defense tactic cannot be arrested unless officials see the incident as being unlawful.
4. If there is a criminal trial and the “Stand Your Ground” law lawfully protects the defendant then he or she will receive all costs of defense.
This is a very serious law for all Florida residents. All Miami criminal defense attorneys will help his or her clients in the best way he or she can. It is always in one’s best interest to hire a Miami criminal lawyer to represent the case appropriately.
]]>A Miami-Dade robbery has left a man injured and a seventeen-year-old boy dead. Woodrow Walker Sr. was in his Miami-Dade apartment when two robbers intruded and forced their way into his truck outside. Woodrow is in the hospital receiving treatment for his injuries, but unfortunately, a bullet killed the seventeen-year old boy, Gerald Daniels. Officials are trying to figure out if one of the bullets that were fired at Walker killed Daniels.
]]> Back in March 2007, an accidental bullet fatally shot Walker’s eleven-year-old son, Woodrow Walker Jr. Walker Sr. was making a run to Big Lots when one of the boys in his apartment grabbed his silver handgun and accidentally shot Walker Jr. in the head. Walker Sr. received a charge of culpable negligence simply because the firearm was not stored in a safe place that children could not reach.The charge was dropped for Walker Sr. because his Miami defense attorney made it clear that Walker Sr. would already have to live with the fact that his fifth grade son was gone.
Home Prevention Robbery Tips
There are several ways that one can prevent a robbery from occurring at his or her home.
· Never allow strangers to come inside
· If a suspicious vehicle is spotted, write down the license plate number and hand it over to
the local police
· Never mention that you live alone
· Always change the locks when moving into a new home
· Always keep outdoor lights on at night
· Keep windows and doors locked as well as keeping curtains and blinds closed
· If you ever arrive home with a door, window or garage suspiciously out of place then do
not go inside. Immediately call the police.
Actions During a Robbery
Always stay calm if you are a victim in a robbery. Always do what the robber tells you to do. It is very difficult to watch someone barge into your home and take whatever he or she wants, but it is never a good idea to act like the hero. This can cause more dangerous problems and situations. Sometimes if a robber is aware that someone else will be arriving home soon, he or she will make it quick and get out. Always make note of which direction they head to when they leave.
The most important thing to do after a robbery takes place is call the local police department. It is always good to have witnesses. If there are witnesses at the time of the robbery, you should ask them if they have time to stick around and speak with the police. Leave things just the way they are until the police arrive. Lastly, if the robber is caught and charged with a crime, find a Miami-Dade criminal defense lawyer to represent you.
]]>A man from Pompano Beach in Florida has been charged with the abduction and homicide of his ex-girlfriend. The defendant, Anton Jamar Josey, is thirty-four years old, and his ex-girlfriend, Dominique Duval was twenty-three. Josey claims that he shot Duval because she gave him HIV, the virus that is known as causing AIDS.
Josey pulled over into a gas station as cops were chasing him. As he came to a stop, Duval stumbled out of the car holding her neck due to a gunshot wound. She could barely speak and died on the way to the hospital. When Josey was arrested, he was found with a silver handgun.
Information on Domestic Homicide
In society, women are looked upon as the victims in any kind of domestic situation. Men are looked upon as the tough, controlling spouse or boyfriend. Miami criminal lawyers treat their clients with the same respect regardless of whether it is a male or female.
The justice system seems to be more lenient to women who kill their husbands and more harsh to men who kill their wife. It is just as easy for a woman to go through with the homicide. If you or someone you know may be a victim or defendant of this violence then find your nearest Miami criminal defense lawyer to help.
Domestic homicides do not just happen out of the blue, so they can be prevented. These are types of situations that can occur and escalate over a period of time. If there is a domestic violence dispute, it is always the best idea to call the local police. If this does not happen, it is very possible that the situations can continue and even become worse, or fatal.
Police may interview friends and family if they see that the domestic problems are out of hand and continuous. This happens so that the officials can get to the root of the problem and stop it before it is too late. If the victim refuses to assist in the matter in any way possible, then it can be doomed for fatality.
The best thing to do is get the police involved at the first encounter of domestic violence especially if the couple has children together. Kids should not be involved in a domestically violent household. As with any criminal case, a Miami domestic violence attorney will help you understand the process of what is to be done, and they will help keep their clients safe in the best manner possible.
]]>Cyber Theft Crimes
Albert Gonzalez, a Miami resident, has pled guilty to the largest identity theft in the nation. The theft involved over 130,000 accounts that appear to be corporate companies. Now twenty-eight, Gonzalez is confessing to his second case of computer hacking this year.
]]> A plea agreement has Gonzalez receiving at least a seventeen-year sentence, but not more than twenty-five. He was previously a Secret Service informant and assisted the government, in 2003, with a cyber theft case. Gonzalez clearly had the skills to pull off a cyber theft crime. Now, he wants finality and expects to pay the consequences.Gonzalez’s previous charge was also cyber theft on huge corporate companies such as Wholesale Club and OfficeMax, etc. He was offered a plea agreement of fifteen to twenty-five years in prison for the first offense. Both cases for Gonzalez will be settled sometime in March 2010. Investigators uncovered over one million dollars in cash, wrapped in plastic bags and buried in his parent's backyard in Miami-Dade County.
It appears that Gonzalez committed his first cyber theft crime prior to being a part of the Secret Service, and then following his departure the second crime was committed. There were ten other men involved in this second crime, only two of which are from the United States. The tenth man is still at large.
The Law and Prevention
A law was signed, in 2004, by President Bush known as the “Identity Theft Penalty Enhancement Act.” This law constitutes the fact that any person involved with identity or cyber theft will be criminally charged. It can be very difficult for someone to maintain good credit if their cards or information have been stolen. The identity thief can easily run up a large balance and debt on the victim’s account.
Anyone’s identity can be stolen from his or her mail, computer and the trash. Miami criminal lawyers are effective in many theft cases. One of the easiest ways to prevent personal information from being available in the trashcan is to shred every inch of mail that is personal. Bank statements, tax forms, ATM receipts and paystubs, etc. are several types of information that should not be put in a trashcan until it is destroyed and unidentifiable.
If the computer is the most convenient way for someone to pay bills and shop, then it is extremely important to choose strong passwords that nobody can figure out. In any case, if you or someone you know have been a victim of identity or cyber theft then locate your nearest Miami criminal attorney to help during the struggle.
]]>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.
Facts about Stand Your Ground
• The law began in 2005.
• Various courts take different approaches to each case.
• Counties in the northern part of Florida have the ability to take action when the other party is retreating.
• Judges in Hillsborough feel that the law applies to certain defendants, but it does not extend protections to all other defendants.
• It is important that pre-trials be held so the judge can decide if the action was properly considered self-defense.
It makes it quite difficult to draw the line on what is considerable as a self-defense act and what is not. An incident occurred last year that got Maurice Moore charged with murder. The defendant claimed he was using self-defense when he shot more than a dozen bullets into one of his rivals, while he was sitting in his car in West Little River. Moore claimed he shot the bullets in self-defense, but the officers seem to differ on the situation.
Unfortunately, because of the “Stand Your Ground” law, officials had to drop the charges facing Moore. Some Miami criminal defense attorneys can justify his or her clients actions with this law, but it does seem a little terrifying to know that some residents will not have to face prison time if they kill another citizen simply because of this law.
There has been some confusion on what exactly constitutes actions as self-defense and how to apply the new law to cases. Miami criminal defense attorneys can help their clients in any situation, and will try to help their defendants receive the least punishable sentence.
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.
It is common, however, for charges and penalties to be more severe when the rape consists of two people of the same sex. One of the most common cases of statutory rape, however, is between an older woman and a younger man.
Sexual Assault
Sexual assault is forcing someone to indulge in intimate relations and touching or speaking to him or her inappropriately. Some cases of sexual assault are:
· Rape
· Forced sexual intercourse
· Inappropriate touching and kissing
· Torture of a victim in a sexual manner
· Child molestation
Rape, or sexual assault, can be between an individual and his or her neighbor, a friend or family members. It is most common for a female to be sexually assaulted by someone she is dating or an ex-boyfriend. Friends also fall under this category for females. When someone has been a victim of sexual assault, it is very common for him or her to receive:
· Depression
· Anxiety
· Post-traumatic stress disorder
Everyone knows that a form of sexual abuse or assault between family members is incest. This is a non-tolerated crime among the justice system, and the punishments can be severe. This is the most common form of child abuse within the United States. A Miami criminal lawyer is your best bet in fighting cases such as this. The child is a victim, and he or she usually comes out of the situation with severe psychological problems.
Anyone who is involved in a sexual assault crime or a statutory rape charge is labeled as a sex offender. This does not look good on a criminal record, and in most jurisdictions, the sex offender must let his or her neighbors know that they have committed a sex crime. When a sex offender moves into a new neighborhood, this is something that he or she will have to deal with. If you or someone you know is going through a criminal charge of this kind then contact your local Miami criminal lawyer to help you resolve the issue and receive the lesser punishment available.
]]>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.
In many cases in the United States, burglaries at nighttime are more punishably severe than burglaries during the day. In Florida, a burglary can be defined as a third-degree, second-degree or first-degree felony with a sentence of five years, fifteen years or life in prison.
Miami criminal lawyers can help clients in burglary situations to the best of their ability. The penalties for burglaries vary from state to state on the severity, but the most common penalties are:
· Electronic monitoring and probation
· Jail time
· Court costs and fines
One of the most important factors when sentencing a burglary perpetrator is whether there was a weapon used or not. In addition, if there were any other serious crimes committed during the break in then that can cause harsher punishment. The age of the perpetrator is always taken into consideration as well as his or her history of committing crimes. First offenses will usually end up in a small amount of jail time or a long period on probation.
In some cases, Miami criminal lawyers may be able to get his or her client the probation punishment instead of jail time or something harsher. The lawyers help their clients in whatever way they can, and try to help them receive the least amount of punishment for his or her crime.
A felony charge on your criminal record can affect your life in extreme ways. It can be difficult to find a job and even purchasing or leasing a house. A criminal record is a serious thing, but if you can find the best Miami criminal defense attorney out there, then your options may look better to you. A Miami criminal lawyer will help you receive the best possible sentence that is available to you, and possibly have the judge offer you a probationary period instead of jail time.
]]>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.
It is very possible for Miami drug charges to result in extremely harsh punishments that go beyond probation or jail time. Even for a simple marijuana misdemeanor charge an individual can lose his or her driver’s license. In addition, the defendant will also have a life long criminal record, which does not look good when applying for jobs.
An individual does not have to be a major drug dealer to face a drug charge. A lot of people that have never even been in trouble end up facing a long sentence in prison for trafficking drugs and even manufacturing them. Here are some statistics and things to keep in mind that a Miami criminal defense lawyer will let you know:
1. Even if you had no intent on selling a drug, if you had a large quantity of them on you at the time, then you can be charged with the intent to sell.
2. It is very simple to be charged with a serious felony if you happen to be within 1000 feet of a convenience store, church or a school.
3. If you are not the main person in a drug case, but you were involved with other people then you can face charges for conspiracy.
4. You can face a minimum sentence in federal or state prison if you are accused of having over a certain amount of drugs in your possession.
In order to prevent a life-changing sentence, such as life in prison, you should look into hiring a great Miami-Dade criminal defense attorney to represent you and walk you through the case. If there is a juvenile that is charged of a drug crime, the court system tries to rehabilitate the individual instead of giving him or her jail time.
Marijuana charges are the toughest in the state of Florida. Possession of a small amount of marijuana is considered a misdemeanor. In some states such as Texas, individuals receive tickets and fines for up to an ounce of marijuana and do not receive jail time. Fortunately, Florida and a few other states have not lightened up on the situation of possession even if it is marijuana. Miami criminal lawyers are experienced in representing clients with every type of drug charge, and they will help their client receive the lightest penalty that is possible.
]]>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.
Miami criminal defense attorneys will help you in any way they can if you have been charged of vehicular manslaughter. Of course, if the driver of the vehicle at fault was intoxicated over the legal limit, then it can be slightly difficult to get away without jail time.
· Manslaughter/DUI: Second degree felony, maximum of $10,000 in fines and a possible fifteen years in prison
· Leaving the scene of manslaughter/DUI: First degree felony, maximum of $10,000 in fines and a possible thirty years in prison
· Vehicular homicide: Second degree felony, maximum of $10,000 in fines and a possible fifteen years in prison
· Leaving the scene of a vehicular homicide: First degree felony, maximum of $10,000 in fines and a possible thirty years in prison
In Tampa, Florida there is a judge denying a man’s bail because of his string of accidents involving drunk driving. The deaths of two women were the result of driving under the influence, and he has been charged with vehicular manslaughter. Randy Archiquette is a thirty-nine year old man that had the chance to be released from custody on a $75,000 bail.
Three separate accidents occurred within thirty minutes, and Archiquette was clearly intoxicated above the legal limit. Not only has Archiquette been charged with vehicular homicide, but he was also charged with DUI manslaughter and leaving the scene of an accident that involved serious bodily injury and even death. Archiquette swore that he was not at fault for the accident. The two victims were ages twenty and sixty-nine. They were in two separate vehicles and each accident occurred at a different time.
It is not very difficult to find a high quality Miami DUI defense attorney that has several years of experience. These lawyers will walk you through the process of paying fines such as court costs, impoundment fees and any possible medical expenses that accrued with the victims. Everyone has the right to an attorney no matter what the crime committed is. If you are ever in a situation that requires immediate representation, then check out your local listings for a Miami criminal defense attorney. Call (305) 571-9800 to speak to an attorney now.
]]>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:
Qualifications Determined for a Domestic Violence Case
Miami-Dade criminal defense attorneys will help his or her client with any domestic violence case that arises. Some qualifications must be met in order for the incident to be considered a domestic violence case.
· Both parties are married to each other or were previously married
· Both parties are related by marriage, adoption or by blood
· Both parties are currently or were formerly living together
· There is a minor child between both parties
In most cases, physical abuse does not have to be a part of the incident to be considered a domestic violence. Emotional abuse is enough for the victim to hire a Miami-Dade defense attorney.
Preventing Domestic Violence
Restraining orders are granted to prevent any further domestic violence between couples or relatives. It is quite common for these restraining orders to permit any physical contact, conversational contact over the phone, and any disturbance of the peace. If a restraining order is obtained, the individual charged of domestic violence must immediately move away from the residence and the other party.
Sometimes, counseling and special classes are mandatory for the individual that caused the domestic harm on the other person. If there are any children or other family members in the house with the protected person, the restraining order will protect them as well.
Steps to Take After a Domestic Violence Dispute
It can be a very difficult thing to turn in your spouse or loved one when they have abused you or your children, physically or emotionally. In many cases, these situations have gone overlooked because the victim is afraid of reporting the abuser to the authorities.
1. The most important step to take for the victim is to separate themselves from the abuser as quickly as possible. Police assistance should be requested immediately so the situation does not escalade.
2. It is very easy for the victim to be manipulated and persuaded by the abuser into not going to the authorities. Never do it alone. It is always best to have a friend or family member by your side, but better yet, a Miami-Dade criminal defense lawyer can also help with the problem.
3. Do not be afraid to be labeled a victim of domestic violence. Some people are scared to open up about the situation because they may feel extremely vulnerable and do not want to show that to others.
In any case, a Miami-Dade domestic violence attorney will be there to help you systematically in any domestic violence crime.