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    <title>Miami Criminal Lawyer Blog</title>
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   <id>tag:www.miamicriminallawyerblog.com,2010://336</id>
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    <updated>2010-03-25T20:46:06Z</updated>
    <subtitle>Published by Pensky &amp; Kim, P.A.</subtitle>
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<entry>
    <title>One of the Youngest Criminals Sentenced with Life in Prison</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/03/one_of_the_youngest_criminals.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=72104" title="One of the Youngest Criminals Sentenced with Life in Prison" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.72104</id>
    
    <published>2010-03-25T20:33:58Z</published>
    <updated>2010-03-25T20:46:06Z</updated>
    
    <summary>The parents of 15-year-old, Jose Guadalupe Walle, said their son used to be a soccer player and good student that eventually got involved with the wrong crowd in middle school. Walle was involved with marijuana and was eventually sent to...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Kidnapping" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>The parents of 15-year-old, Jose Guadalupe Walle, said their son used to be a soccer player and good student that eventually got involved with the wrong crowd in middle school.  Walle was involved with marijuana and was eventually sent to drug treatment and counseling.</p>

<p>The parents of Walle asked him to be punished by the juvenile court, but he was eventually released.  Walle ran away four months before he was put behind bars for his crime, and the parents were informed that the only way the teenager would be caught and found was if he committed a crime.  At 13-years-old, Walle was out on the street involving himself with LSD, cocaine, Xanax and alcohol.<br />
</p>]]>
        <![CDATA[<p>In 2008, Walle had kidnapped two women, raped them, and had to be persuaded not to kill them.  The women remembered him as the “mean one” of the bunch, and he was just 13-years-old.  A judge had sentenced Walle to life in prison.  Walle, now 15, may be considered the youngest United States prisoner that was written off for a crime in which nobody died.  The Hillsborough Judge appointed to Walle’s trial stated that if he ever walked the streets again, he would kill.</p>

<p>According to the Tampa Bay news, Judge Tharpe told Walle’s attorney that this is by far the most disturbing case that he has ever seen in his nineteen years of being on the bench.  It was reported that Walle has no conscience at all, and he has no concern or care for any human life.  Walle’s psychiatrist, at the time, reported that he had no memory or recollection of what happened during the rapes, but unfortunately, his victim’s can never forget.</p>

<p>The victims reported that their four-hour nightmare started at a bar and grill named Docks and dreadfully ended when the attackers told them to jump out of the moving van on Interstate 75.  The victims also reported that Walle was the attacker holding the gun the whole time, and they were certain that he wanted to kill them.</p>

<p>Walle’s charges include armed kidnapping on four counts and armed sexual battery charges of over one dozen counts.  He pled guilty to all offenses, and the evidence simply did not lie.  On Wednesday, March 10, the judge was asked to match Walle’s already imposed sentence of 27 years for the rape in St. Petersburg.</p>

<p>This typically allows Walle to be released from custody at the age of forty.  According to Walle’s psychiatrist, he was a very “immature and damaged young man,” and he had attempted to kill himself at least once.  Walle did not understand the severity of his criminal nature.  </p>

<p>At the end of Walle’s hearing, the judge reportedly commented that he had never had a minor sitting on his bench that did not know the difference between right and wrong.  Unfortunately, for Walle, it looks like he may never be walking the streets again. <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Popular Miami Heat Player Charged with DUI</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/03/popular_miami_heat_player_char.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=72099" title="Popular Miami Heat Player Charged with DUI" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.72099</id>
    
    <published>2010-03-23T20:25:03Z</published>
    <updated>2010-03-23T20:31:29Z</updated>
    
    <summary>Miami Heat forward, Dorell Wright, was recently arrested for driving under the influence and with a suspended license. According to the arrest report, Wright was driving along South Beach on Thursday around 3:37 AM when he was pulled over. Officers...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="DUI" />
            <category term="DUI Manslaughter" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Miami Heat forward, Dorell Wright, was recently arrested for driving under the influence and with a suspended license.  According to the arrest report, Wright was driving along South Beach on Thursday around 3:37 AM when he was pulled over.  Officers reported that Wright was driving crazily, and he smelled of alcohol and had blood shot, watery eyes.</p>

<p>It was also reported that Wright could not provide current insurance on his vehicle, and he was driving 52 miles per hour in a 25 mile per hour zone.  It was a rough estimate of five hours after his prior basketball game ended when he was pulled over and arrested.  Wright, 24, is the second Heat player that has been arrested for driving under influence within the past two weeks.</p>]]>
        <![CDATA[<p>It is likely that Wright will receive suspension for one or two games, but the details have not been disclosed.  In most situations, in Florida, if you are stopped for a DUI then the police will ask you to participate in a field sobriety test.  If the driver refuses the tests, it is possible that he or she will be taken into custody.  The length of the stay is usually overnight until sober, or until someone can come and pick you up.</p>

<p>An administrative license suspension can occur if the driver refuses to submit to a breath test.  A criminal charge for a DUI involves arrest.  This will usually include going to court for your arraignment, trial, disposition and sentencing.  When there is no injury involved during the DUI, it is usually considered a misdemeanor.</p>

<p>However, if serious injury or death occurs during the DUI arrest, this can be considered a felony.  The misdemeanor can likely end up with some county jail, whereas a felony can end you in state prison for more than a year.  The sentencing of a DUI will determine:</p>

<p>•	The classification of the conviction<br />
•	The length of time the license is revoked or suspended<br />
•	Whether community service is mandatory or parole is warranted<br />
•	Whether drug programs or classes are mandatory or an interlocked system is required in the vehicle</p>

<p>Penalties are severe for first time offenders, but second and third time DUI offenders receive the harshest punishments.  If you are ever in a situation that involves the charge of a DUI, contact your local <a href="http://www.penskykim.com/lawyer-attorney-1371795.html">Miami DUI lawyer</a> to assist you in all your needs.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>One Party Mishap Leads to Criminal Record for Coral Springs Senior</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/03/one_party_mishap_leads_to_crim.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=71105" title="One Party Mishap Leads to Criminal Record for Coral Springs Senior" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.71105</id>
    
    <published>2010-03-12T22:48:09Z</published>
    <updated>2010-03-12T22:56:51Z</updated>
    
    <summary>Back in 2008, an 11-year-old girl was almost abducted from her own bed. Timothy Schlafer, now 21, is currently going through a trial process for this incident. According to the Sun Sentinel, Schlafer’s excuse for the confusion was drugs. Schlafer...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Burglary" />
            <category term="Kidnapping" />
            <category term="Robbery" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Back in 2008, an 11-year-old girl was almost abducted from her own bed.  Timothy Schlafer, now 21, is currently going through a trial process for this incident.  According to the Sun Sentinel, Schlafer’s excuse for the confusion was drugs.  </p>

<p>Schlafer was a senior at Coral Springs High.  He had been accepted to Florida Atlantic University through a scholarship.  Prior to the accused abduction, Schlafer was at a party where he consumed a large amount of beer, Xanax and LSD.  It was reported that Schlafer thought he had walked into his own home, but shouting police startled him and proved otherwise.<br />
</p>]]>
        <![CDATA[<p>According to the police, the suspect walked into the townhome where the little girl slept and headed for the kitchen where he grabbed a knife.  After he grabbed the girl from her bed, Schlafer headed back down the stairs and toward the front door.  Fortunately, the little girl’s grandmother was awake, and she stopped Schlafer from leaving the house.</p>

<p>Armed burglary with battery and armed kidnapping were the charges that faced Schlafer, then 19-years-old.  It was an option that the suspect receives life in prison, but he was saved by the grace of the girl’s family.  They did not intend for the teenager to be behind bars for life.  They just wanted justice for scaring the girl into not feeling safe in her own bed. </p>

<p>The trial judge sentenced Schlafer to twenty years of which he has currently served two.  Thirty years probation is another punishment that will follow the suspect’s jail time.  Schlafer will have no contact with the girl’s family, and he is not permitted to drink any kind of alcohol during his probation years.  </p>

<p>The Sun Sentinel reported that Schlafer begged the judge to release him so he can marry his girlfriend and go back to school.  All of Schlafer’s confusion and drug intake caused him to walk into the wrong house, and leave with handcuffs and police officers.  The victim and her family have not been identified because the victim is a minor.</p>

<p>The suspect’s mother offered a personal apology to the girl and her family.  The girl’s mother accepted the apology, but was still set on receiving justice.  She reported that her daughter still does not feel safe in her bed, two years later, and they had to move out of the townhome that Schlafer invaded.</p>

<p><a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyers</a> offer the best representation for crimes such as kidnapping, manslaughter, homicide, domestic violence, etc.  If you decide to represent yourself, without an attorney, it can cause severe stress, time and money.  <a href="http://www.penskykim.com/index.html">Miami criminal lawyers</a> are there to help, so always research the <a href="http://www.penskykim.com/lawyer-attorney-1360177.html">results</a> of a particular attorney’s cases and experience.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Kidnapping Charges Dropped in Pompano Beach</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/03/kidnapping_charges_dropped_in.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=71102" title="Kidnapping Charges Dropped in Pompano Beach" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.71102</id>
    
    <published>2010-03-10T22:38:18Z</published>
    <updated>2010-03-10T22:44:25Z</updated>
    
    <summary>In July 2008, three young men attacked a 54-year-old man, James Cunningham, in Pompano Beach. The evidence of the attack was then posted on YouTube via the internet. Prosecutors recently dropped all kidnapping charges on Tuesday, March 2, 2010. The...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Kidnapping" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>In July 2008, three young men attacked a 54-year-old man, James Cunningham, in Pompano Beach.  The evidence of the attack was then posted on YouTube via the internet.  Prosecutors recently dropped all kidnapping charges on Tuesday, March 2, 2010.  The victim did not report the incident, but officials came across the video while they were searching for another assault video.</p>

<p>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.  <br />
</p>]]>
        <![CDATA[<p>The two suspects accused of recording the incident will receive one-year probation.  Neither Sleight nor Edwards will receive a felony on their record, but they were both ordered to complete community service hours.  Wunderlich had a separate charge for hyrdrocodone, and was sentenced one year behind bars with two years probation to follow his release, along with 200 community service hours.  Edwards was convicted of the said charge and sentenced to one year in jail.  </p>

<p>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.</p>

<p>Edwards was previously convicted of beating a man, in 2009, and causing his death.  <a href="http://www.penskykim.com/index.html">Miami criminal lawyers</a> 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.  </p>

<p>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.</p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyer</a> if you are ever in trouble with a Florida law.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Money Laundering Crimes</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/02/money_laundering_crimes.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=68599" title="Money Laundering Crimes" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.68599</id>
    
    <published>2010-02-09T23:18:20Z</published>
    <updated>2010-02-09T23:24:15Z</updated>
    
    <summary>Scott Rothstein was previously known as a lawyer, but he has recently pled guilty to a crime involving money laundering, fraud and RICO conspiracy. This plea has disbarred him from having a career in law, and he can face up...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Money Laundering" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Scott Rothstein was previously known as a lawyer, but he has recently pled guilty to a crime involving money laundering, fraud and RICO conspiracy.  This plea has disbarred him from having a career in law, and he can face up to thirty years in prison.</p>

<p>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.<br />
</p>]]>
        <![CDATA[<p>Rothstein sold bogus legal settlements to some wealthy investors that totaled a large sum of $1.2 billion.  All this money bought Rothstein over a dozen homes and over twenty flashy cars.  There was even security hired to guard the gates of his mansion and himself.</p>

<p>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.  </p>

<p><strong>Three Steps to Money Laundering</strong></p>

<p><a href="http://www.penskykim.com/">Miami criminal defense attorneys</a> are the best people to help in situations concerning this crime.  There are three basic steps to money laundering, and they are:</p>

<p>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.<br />
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.<br />
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.</p>

<p>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.  </p>

<p>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.</p>

<p>Money laundering is considered a felony and can give someone extensive jail time.  <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyers</a> are experienced in this area of law and can help anyone with a difficult situation.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Drug Trafficking: The Most Common Drug Offense</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/02/drug_trafficking_the_most_comm.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=67881" title="Drug Trafficking: The Most Common Drug Offense" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.67881</id>
    
    <published>2010-02-01T16:12:33Z</published>
    <updated>2010-02-01T16:29:56Z</updated>
    
    <summary>The most organized crime in the United States is drug trafficking. There is an annual income of $110 billion in this crime. American pilots are usually the way for the Colombian drug cartel to transport their cocaine and other such...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Drugs" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>The most organized crime in the United States is drug trafficking.  There is an annual income of $110 billion in this crime.  American pilots are usually the way for the Colombian drug cartel to transport their cocaine and other such drugs.  These pilots are usually ex-military and sometimes unlicensed aviators.</p>

<p>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.<br />
</p>]]>
        <![CDATA[<p>Sal Magluta and Willie Falcon were Miami High School dropouts.  They turned into local drug lords and got Ramirez involved with their business.  Last year, Ramirez’s lawyers told her if she refused the plea bargain that was offered, then she would not serve a life sentence in prison.  Ramirez turned down the five-year sentence and is now looking at the life sentence behind bars.</p>

<p>Ramirez disregarded the plea bargain because her <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal defense lawyers</a> 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.</p>

<p><strong>Drug Trafficking</strong></p>

<p>Drug trafficking involves every area of the drug world.</p>

<p>1.	Manufacturing<br />
2.	Sales<br />
3.	Distribution<br />
4.	Possession</p>

<p>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.</p>

<p>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.<br />
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.  <a href="http://www.penskykim.com/index.html">Miami criminal lawyers</a> 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. </p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyer</a>.</p>

<p><a href="http://www.penskykim.com/lawyer-attorney-1360022.html">Miami criminal defense attorneys</a> 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.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Fix your Florida Criminal Record: Sealing and Expunging</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/01/fix_your_florida_criminal_reco.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=67004" title="Fix your Florida Criminal Record: Sealing and Expunging" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.67004</id>
    
    <published>2010-01-22T21:55:06Z</published>
    <updated>2010-01-22T22:27:11Z</updated>
    
    <summary>Wrongful decisions and mistakes can cause you or someone you know to have problems in the future. A criminal record will follow you around when applying for jobs, financing vehicles and trying to purchase a home. The best way to...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Seal or Expunge Florida Criminal Record" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Wrongful decisions and mistakes can cause you or someone you know to have problems in the future.  A criminal record will follow you around when applying for jobs, financing vehicles and trying to purchase a home.  The best way to take care of this situation is to have a Miami criminal defense lawyer <a href="http://www.penskykim.com/lawyer-attorney-1362316.html">seal or expunge your record</a>.</p>

<p><strong>Process of Expunging</strong></p>

<p><a href="http://www.penskykim.com/index.html">Miami criminal attorneys</a> can assist you in expunging your record in many ways.<br />
</p>]]>
        <![CDATA[<p>•	The lawyer will let you know if you qualify for the option of sealing or expunging your record.  Most lawyers will not charge you until you have qualified for the process.</p>

<p>•	You will be able to de-stress and relax while the Miami defense attorney handles all of the necessary paperwork.</p>

<p>•	The lawyer will mail any documents to you that need a signature.  You will always stay informed of anything that progresses in your case.</p>

<p>•	Once the date is set for a hearing, which may not be necessary, the attorney will contact you with all of the information.</p>

<p><a href="http://www.penskykim.com/lawyer-attorney-1362316.html">Miami criminal lawyers</a> can expunge criminal records as well as juvenile records that are delinquent and diverse.  The biggest advantage to hiring a <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal defense attorney</a> 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. </p>

<p>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.</p>

<p>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:</p>

<p>•	Whether your case is going to be expunged or sealed (expungements take a little bit longer because of legal requirements)<br />
•	The longevity of your case can also depend on the county that is handling it.  Some counties are more time efficient than others.<br />
•	The Florida Department of Law Enforcement must file the certificate of eligibility; however, this can take up to five months.<br />
•	The individual judge has the final say to the process, and this can take a few months as well.</p>

<p>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.  </p>

<p>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. <a href="http://www.penskykim.com/lawyer-attorney-1360022.html">Contact us</a> at (305) 571-9800 to speak to a Florida attorney about expunging your record.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Driving Under the Influence: Zero Tolerance</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/01/driving_under_the_influence_ze.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=66660" title="Driving Under the Influence: Zero Tolerance" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.66660</id>
    
    <published>2010-01-20T05:00:16Z</published>
    <updated>2010-01-20T05:03:33Z</updated>
    
    <summary>Driving under the influence is a zero tolerance crime in every state. The majority of automobile accidents that occur are due to drunk driving. It does not matter how many drinks you think you had because the blood alcohol content...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="DUI" />
            <category term="DUI Manslaughter" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Driving under the influence is a zero tolerance crime in every state.  The majority of automobile accidents that occur are due to drunk driving.  It does not matter how many drinks you think you had because the blood alcohol content says it all.</p>

<p>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.  <br />
</p>]]>
        <![CDATA[<p><strong>Field Sobriety Tests</strong></p>

<p>It is most common to demonstrate roadside tests on the driver before blowing in a breathalyzer.  There are several different tests such as:</p>

<p>1.	Reciting the alphabet (sometimes backwards)<br />
2.	Walking in a straight line<br />
3.	Touching your finger to the tip of your nose<br />
4.	Balancing on one foot at a time<br />
5.	Bending over forward and backwards with eyes closed</p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1371795.htmlhttp://www.penskykim.com/lawyer-attorney-1371795.html">Miami DUI lawyer</a>.  The main reason to have a <a href="http://www.penskykim.com/index.html">Miami lawyer</a> assist you in your case is that they can help get you a lesser sentence or possibly get all charges dismissed.</p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyer</a>  can help make the process much smoother and easier.</p>

<p>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.</p>

<p>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. </p>

<p>Always remember that <a href="http://www.penskykim.com/lawyer-attorney-1371792.html">Miami criminal defense lawyers</a> are on your side.  They are there to represent you in the best way they can and help you with your case.</p>]]>
    </content>
</entry>
<entry>
    <title>The Stand Your Ground Law in Florida Has Two Second-Degree Murder Charges under Review</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/01/the_stand_your_ground_law_in_f.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=66192" title="The Stand Your Ground Law in Florida Has Two Second-Degree Murder Charges under Review" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.66192</id>
    
    <published>2010-01-18T05:00:54Z</published>
    <updated>2010-01-18T05:17:23Z</updated>
    
    <summary>Twenty four year old, Damon Darling, and thirty one year old, Leroy Larose, are currently the talk of Florida right now. Florida residents know of these two defendants because of their slaying of a nine-year-old girl, Sherdavia Jenkins. The murder...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Self-Defense" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Twenty four year old, Damon Darling, and thirty one year old, Leroy Larose, are currently the talk of Florida right now.  Florida residents know of these two defendants because of their slaying of a nine-year-old girl, Sherdavia Jenkins.  The murder took place in 2006 in a Liberty Housing project.  </p>

<p>These two defendants are facing a jury trial together with the help of their <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyers</a>.  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.<br />
</p>]]>
        <![CDATA[<p>Larose eventually pled guilty to his charge.  He will end up serving ten years probation after his served prison sentence.  Darling’s rifle bullet was the one that struck Jenkins and killed the young girl.  This case falls under the Florida law of “Stand Your Ground.”  Since 2005, the “Stand Your Ground” law has given residents the right to protect themselves by using self-defense other than just on his or her property. </p>

<p>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.</p>

<p>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.  <a href="http://www.penskykim.com/index.html">Miami criminal defense attorney</a> states that the “Stand Your Ground” law covers Darling because he fired after Larose pointed the weapon at him first.</p>

<p>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.</p>

<p><strong>Stand Your Ground</strong></p>

<p>The Florida law helps residents with self-protection or self-defense.  There are four main components, which are:</p>

<p>1.	Visitors and law-abiding residents may threaten intruders of his or her home or automobile with force, including deadly force.</p>

<p>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.</p>

<p>3.	Any individual using a self-defense tactic cannot be arrested unless officials see the incident as being unlawful.</p>

<p>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.</p>

<p>This is a very serious law for all Florida residents.  All <a href="http://www.penskykim.com/lawyer-attorney-1360177.html">Miami criminal defense attorneys</a> 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 <a href="http://www.penskykim.com/lawyer-attorney-1360022.html">Miami criminal lawyer</a> to represent the case appropriately.</p>]]>
    </content>
</entry>
<entry>
    <title>Robbery Preventions and Aftermath</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/01/robbery_preventions_and_afterm.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=66190" title="Robbery Preventions and Aftermath" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.66190</id>
    
    <published>2010-01-16T05:00:18Z</published>
    <updated>2010-01-16T05:12:44Z</updated>
    
    <summary>Robberies can be very dangerous situations under any circumstance. There are ways to prevent robberies from occurring at home, at work and even on the road. If an unfortunate robbery occurs, then a Miami criminal lawyer can represent the victim...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Burglary" />
            <category term="Carjacking" />
            <category term="Robbery" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Robberies can be very dangerous situations under any circumstance.  There are ways to prevent robberies from occurring at home, at work and even on the road.  If an unfortunate robbery occurs, then a <a href="http://www.penskykim.com/index.html">Miami criminal lawyer</a> can represent the victim and help in any way possible. </p>

<p>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.</p>]]>
        <![CDATA[<p>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.</p>

<p>The charge was dropped for Walker Sr. because his <a href="http://www.penskykim.com/lawyer-attorney-1371792.html">Miami defense attorney</a> made it clear that Walker Sr. would already have to live with the fact that his fifth grade son was gone.  </p>

<p><strong>Home Prevention Robbery Tips</strong></p>

<p>There are several ways that one can prevent a robbery from occurring at his or her home.</p>

<p>·	Never allow strangers to come inside<br />
·	If a suspicious vehicle is spotted, write down the license plate number and hand it over to<br />
        the local police<br />
·	Never mention that you live alone<br />
·	Always change the locks when moving into a new home<br />
·	Always keep outdoor lights on at night<br />
·	Keep windows and doors locked as well as keeping curtains and blinds closed<br />
·	If you ever arrive home with a door, window or garage suspiciously out of place then do<br />
        not go inside.  Immediately call the police.</p>

<p><strong>Actions During a Robbery</strong></p>

<p>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.</p>

<p>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<a href="http://www.penskykim.com/lawyer-attorney-1362310.html"> Miami-Dade criminal defense lawyer</a> to represent you.</p>]]>
    </content>
</entry>
<entry>
    <title>The Tragic Scene of Domestic Homicide</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/01/the_tragic_scene_of_domestic_h.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=66186" title="The Tragic Scene of Domestic Homicide" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.66186</id>
    
    <published>2010-01-14T05:00:48Z</published>
    <updated>2010-01-14T05:06:36Z</updated>
    
    <summary>Domestic homicide is, unfortunately, a common thing in the United States. There are times when partners get into disputes where one partner ends up hurting the other partner critically, if not fatally. Miami criminal lawyers have the experience to represent...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Domestic Violence" />
            <category term="Murder" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Domestic homicide is, unfortunately, a common thing in the United States.  There are times when partners get into disputes where one partner ends up hurting the other partner critically, if not fatally.  Miami criminal lawyers have the experience to represent clients in these types of situations.</p>

<p>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.  <br />
                    </p>]]>
        <![CDATA[<p>Fort Lauderdale police are saying that Josey showed up at Duval’s work place around 11 PM on Wednesday, December 30 as she was leaving.  Witnesses said they saw Josey drag Duval into a vehicle and twenty minutes later the police found the car speeding down the highway.  </p>

<p>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.</p>

<p><strong>Information on Domestic Homicide</strong></p>

<p>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.  <a href="http://www.penskykim.com/index.html">Miami criminal lawyers</a> treat their clients with the same respect regardless of whether it is a male or female.  </p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1371793.html">Miami criminal defense lawyer</a> to help.</p>

<p>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.</p>

<p>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.  </p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1371792.html">Miami domestic violence attorney</a> 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. </p>]]>
    </content>
</entry>
<entry>
    <title>Identity and Cyber:  Two Serious Types of Thefts</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2010/01/identity_and_cyber_two_serious.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=66181" title="Identity and Cyber:  Two Serious Types of Thefts" />
    <id>tag:www.miamicriminallawyerblog.com,2010://336.66181</id>
    
    <published>2010-01-12T20:57:12Z</published>
    <updated>2010-01-12T21:21:37Z</updated>
    
    <summary>Everyone knows that it can be dangerous entering personal information over the internet. Theft is a serious and non-tolerated crime in the United States, and because of the internet, there is such a theft as cyber theft. Cyber theft is...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Theft" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>Everyone knows that it can be dangerous entering personal information over the internet.  Theft is a serious and non-tolerated crime in the United States, and because of the internet, there is such a theft as cyber theft.  Cyber theft is commonly known as an identity fraud or financial loss that can happen from directly entering personal information for any purpose such as banking or shopping.  There are computer savvy people out there that can hack into the system and retrieve your information.</p>

<p><strong>Cyber Theft Crimes</strong></p>

<p>Albert Gonzalez, a <a href="http://www.penskykim.com/lawyer-attorney-1360022.html">Miami</a> 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.</p>]]>
        <![CDATA[<p>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.</p>

<p>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.</p>

<p>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.  </p>

<p><strong>The Law and Prevention</strong></p>

<p>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.</p>

<p>Anyone’s identity can be stolen from his or her mail, computer and the trash.  <a href="http://www.penskykim.com/index.html">Miami criminal lawyers</a> 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.  </p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal attorney</a> to help during the struggle.  </p>]]>
    </content>
</entry>
<entry>
    <title>Stand Your Ground in Florida:  Just or Unjust?</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2009/12/stand_your_ground_in_florida_j.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=65268" title="Stand Your Ground in Florida:  Just or Unjust?" />
    <id>tag:www.miamicriminallawyerblog.com,2009://336.65268</id>
    
    <published>2009-12-30T20:11:04Z</published>
    <updated>2009-12-30T20:18:21Z</updated>
    
    <summary>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...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Self-Defense" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>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.  </p>

<p>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.<br />
</p>]]>
        <![CDATA[<p>There was an incident earlier in the year with a two residents.  Charles Podany, a Florida resident, sped through a neighborhood.  A resident attacked him for this transgression and Podany shot the man as self-defense.  Stephen Romine, Podany’s attorney, cleared this charge for him using the “Stand Your Ground” law.  </p>

<p>Facts about Stand Your Ground</p>

<p>•	The law began in 2005.<br />
•	Various courts take different approaches to each case.<br />
•	Counties in the northern part of Florida have the ability to take action when the other party is retreating.<br />
•	Judges in Hillsborough feel that the law applies to certain defendants, but it does not extend protections to all other defendants.<br />
•	It is important that pre-trials be held so the judge can decide if the action was properly considered self-defense.</p>

<p>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.</p>

<p>Unfortunately, because of the “Stand Your Ground” law, officials had to drop the charges facing Moore.  Some <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal defense attorneys</a> 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.</p>

<p>There has been some confusion on what exactly constitutes actions as self-defense and how to apply the new law to cases.  <a href="http://www.penskykim.com/lawyer-attorney-1371792.html">Miami criminal defense attorneys</a> can help their clients in any situation, and will try to help their defendants receive the least punishable sentence.  <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Sex Crimes: Statutory Rape and Sexual Assault</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2009/12/sex_crimes_statutory_rape_and.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=64563" title="Sex Crimes: Statutory Rape and Sexual Assault" />
    <id>tag:www.miamicriminallawyerblog.com,2009://336.64563</id>
    
    <published>2009-12-27T05:00:31Z</published>
    <updated>2009-12-27T05:12:23Z</updated>
    
    <summary>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....</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Sex Crimes" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>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.  </p>

<p><strong>Statutory Rape</strong></p>

<p>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.<br />
</p>]]>
        <![CDATA[<p>There is a law called the “Romeo and Juliet” law that simply states that if an adult is three years older than the minor who is the victim, then the offender does not often receive harsh punishment and the crime is less severe.  This is most common between two teenagers.  <a href="http://www.penskykim.com/index.html">Miami criminal lawyers</a> will walk his or her client through each step of the process regarding statutory rape charges.  </p>

<p>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.  </p>

<p><strong>Sexual Assault<br />
</strong><br />
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:</p>

<p>·	Rape<br />
·	Forced sexual intercourse<br />
·	Inappropriate touching and kissing<br />
·	Torture of a victim in a sexual manner<br />
·	Child molestation</p>

<p>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:</p>

<p>·	Depression<br />
·	Anxiety<br />
·	Post-traumatic stress disorder</p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal  lawyer </a>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.  </p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1360022.html">contact your local Miami criminal lawyer</a> to help you resolve the issue and receive the lesser punishment available.</p>]]>
    </content>
</entry>
<entry>
    <title>The Severity of Breaking and Entering and the Penalties You Face in Florida</title>
    <link rel="alternate" type="text/html" href="http://www.miamicriminallawyerblog.com/2009/12/the_severity_of_breaking_and_e.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.miamicriminallawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=336/entry_id=64560" title="The Severity of Breaking and Entering and the Penalties You Face in Florida" />
    <id>tag:www.miamicriminallawyerblog.com,2009://336.64560</id>
    
    <published>2009-12-25T05:00:27Z</published>
    <updated>2009-12-25T05:11:26Z</updated>
    
    <summary>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,...</summary>
    <author>
        <name>Pensky &amp; Kim   </name>
        <uri>http://www.penskykim.com/</uri>
    </author>
            <category term="Burglary" />
            <category term="Carjacking" />
            <category term="Robbery" />
    
    <content type="html" xml:lang="en" xml:base="http://www.miamicriminallawyerblog.com/">
        <![CDATA[<p>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.</p>

<p><strong>Elements of Burglary<br />
</strong><br />
A few elements put breaking and entering in the category it is in, such as:</p>

<p>·	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.<br />
</p>]]>
        <![CDATA[<p>·	Entering can involve the person to force physical entry or use tools to remove properties.  If someone uses a weapon or tool to pry open a window or door and then steps foot into the house through that entrance, it is breaking and entering.  Unfortunately, if a tool is used to pry open a window, but the perpetrator sees an open door and they enter through that instead, then it is not breaking and entering.</p>

<p>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.</p>

<p><a href="http://www.penskykim.com/lawyer-attorney-1362310.html">Miami criminal lawyers</a> 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:</p>

<p>·	Electronic monitoring and probation<br />
·	Jail time<br />
·	Court costs and fines</p>

<p>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.  </p>

<p>In some cases, <a href="http://www.penskykim.com/lawyer-attorney-1371792.html">Miami criminal lawyers</a> 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.</p>

<p>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 <a href="http://www.penskykim.com/lawyer-attorney-1362316.html">Miami criminal defense attorney</a> out there, then your options may look better to you.  A <a href="http://www.penskykim.com/lawyer-attorney-1360022.html">Miami criminal lawyer</a> 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.</p>]]>
    </content>
</entry>

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