Miami Criminal Lawyer Blog

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.

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.

Continue reading "Driving Under the Influence: Zero Tolerance" »

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

Types of Manslaughter

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

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

Continue reading "Vehicular Homicide and DUI Manslaughter" »

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

Penalties and Consequences

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

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

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

Getting Arrested

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

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

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

Why the Accused is Offered a Plea Bargain

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

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

One of the most common types of criminal charges in Miami as well as many places is a DUI or Driving under the Influence. For many people, this charge will be their first experience in regards with being charged with a crime. Sadly, it is not unusual for many individuals who are decent, good and hard working to be arrested for driving under the influence. There can be very severe consequences for a DUI conviction. Such consequences can include penalties and hefty fines as well as the possibility of losing your driving privileges. There is even the possibility of serving jail time. You need an experienced Miami DUI lawyer to fight for your rights.

Continue reading "Protecting your Future from a DUI Charge" »

A Florida FBI agent was pulled over in a government car and arrested and charged for driving under the influence (DUI).

Now, forty nine years old, Jorge Miyar has been a part of the Florida FBI for twenty three years. Miyar was at a DUI checkpoint that was scheduled for him when he ran over a curb while trying to drive through the appointed cones. It was stated by the police that Miyar smelled strongly of alcohol and was clearly impaired.

Miyar failed the sobriety tests he was given and refused to participate in a breathalyzer test. Miyar told the police that he had just left a party and only had five beers. He made the point to let them know that he also ate while he was there so that maybe the food could soak up some of the alcohol. Miyar is very aware that he will have to face harsh penalties because of his position with the FBI.

Continue reading "FBI Agent Arrested for Driving Under the Influence in a Government Vehicle" »

An increasing number of people reveling in our city’s sun and fun wind up considering a Miami DUI lawyer a real hero. Most people who find themselves arrested for drunk driving don’t expect it to happen to them, but studies show that binge drinking is on the rise among several age groups. So it’s no coincidence that local police are casting a wider net.

In Florida, a police officer can request any motorist to take a blood, urine or breath test as part of the state’s Implied Consent Law. However, you have the right to refuse all tests including the roadside exercises. If you refuse, you’ll lose your license for at least a year. But that’s the least of your worries… If you injure someone in a South Florida car accident, that person can file a personal injury lawsuit.

Continue reading "Miami DUI Lawyer – Escaping the Miami Heat" »

Every single day individuals around the city of Miami are stopped by the police and charged with DUI. Do you know what you should do if this should one day happen to you? Failure to understand what you should do and more importantly, what you should not do in this situation, can have a lasting impact for the rest of your life.

One of the most important things to do if this should happen to you is to not speak with anyone in law enforcement unless you have a Miami DUI lawyer. Then, you must make sure that you follow your lawyer's advice precisely. Remember, you do not have to answer questions from a police officer. You are guaranteed the right by the Constitution to protect yourself by refusing to offer any answers or explanations.

Continue reading "What To Do When Stopped for DUI" »

On August 26, 2009, in Miami-Dade County court, Britto, an international artist and sculptor, plead no contest to Driving Under the Influence (DUI) of alcohol. Britto was sentenced to six months probation. In addition, his license will be suspended for 6 months, he will have to pay a 1000 fine and perform 100 community service hours. Furthermore, after his license is reinstated Britto will have to use an alcohol detection device to start his vehicle for 6 months.

Britto, was arrested in March 2009 on Miami Beach for DUI. According to police, Britto was driving a black Bentley southbound on Washington Avenue in Miami Beach at around 3 a.m. Britto was swerving in and out of his lane, at one point his swerving almost caused him to crash into another vehicle. Miami Beach police, initiated a traffic stop and suspected Britto of DUI because he smelled of alcohol, had a flushed face, watery eyes and had trouble locating his paperwork.

Continue reading "Renowned Artist Romero Britto Pleads No Contest to DUI" »

Another victory for Donte Stallworth, a Miami-Dade County Circuit Court judge has allowed him to leave his home to resume strength and conditioning training in hopes of returning to work in the NFL. In case you have been living in a cave and haven't heard, Donte Stallworth is the NFL wide receiver who was convicted of DUI manslaughter for driving drunk and killing a man in Miami Beach, and who was sentenced to just 30 days in jail (really just 24 days with gain time and credit for time served) followed by 2 years of community control (a fancy term for house arrest) and 8 years of probation. For a full recap of this controversial case, please refer to our previous posts on the subject: Miami DUI lawyer case 3/17/2009, Miami-Dade DUI attorney case 3/20/2009, Miami Beach DUI lawyer case 4/3/2009, and Miami Beach DUI attorney case 8/10/2009.

This event coincides with a meeting that Donte Stallworth had with the NFL commissioner, Roger Goodell, to try and get reinstated to the NFL. Training camp has already begun and it will be difficult for Stallworth to sign on with a team especially with a Miami DUI manslaughter conviction on his record. It is extremely important for Stallworth to be in tip-top shape if he hopes to sign on with an NFL team after his suspension, which should come within the next week or so ... stayed tune to the Miami Criminal Lawyer Blog for additional updates.

Continue reading "Miami-Dade DUI Lawyer Update: Donte Stallworth Allowed to Leave House for NFL Training" »

In a stunning turn of events (not really), Cleveland Browns wide receiver, Donte Stallworth, 28, recently made another public apology to the family of Mario Reyes, 59, the man that the he killed while driving drunk in Miami Beach this past March. In case you don't remember this incident, please refer to some of our previous posts for more detail: Miami DUI case 3/17/2009, Miami-Dade DUI case 3/20/2009, and Miami Beach DUI case 4/3/2009.

In his most recent apology, Stallworth stated that he feels that his DUI case has done "irreparable harm" to Reyes and his family. Ya think? Of course you've done "irreparable harm" to Reyes and his family! After all, death is the ultimate in "irreparable harm."

Continue reading "Miami DUI Attorney Update: Donte Stallworth Apologizes Again" »

A disgraced Hollywood police officer, currently under investigation for discussing on video how to falsify a woman's arrest report last February, is now being accused of lying about the existence of a DUI videotape in a separate case.

Officer Dewey Pressley is being accused of lying during court proceedings relating to the DUI arrest of Steven Berglund in August of 2008. According to Berglund's attorney, Pressley lied when he testified that a DUI videotape did not exist... allegedly due to problems with his in-car video recording system. A videotape, however, did indeed exist and appeared to show several inconsistencies with Pressley's testimony in the case.

Continue reading "Hollywood Police Officer Accused of Lying in Another DUI Case" »

Facing the serious felony charge of DUI manslaughter, Cleveland Browns wide receiver Donte' Stallworth surrendered to authorities in Miami-Dade court on Thursday morning. Surrounded by family, friends, and his attorneys, Stallworth arrived in court dressed in a black suit and with his hair pulled back. He appeared before Circuit Court Judge Dennis Murphy for a brief hearing concerning the terms of his pretrial release before being handcuffed and taken away to Dade County Jail for processing.

Stallworth later posted a $200,000 bond to gain his release from jail. His criminal case is set for arraignment in front of Judge Murphy on April 23, 2009, at 9am. On that date, the Miami State Attorney's Office is expected to formally file DUI manslaughter charges against him. Under Florida law, DUI manslaughter is a 2nd degree felony punishable by up to 15 years in Florida state prison.

Continue reading "Miami DUI Update: Donte' Stallworth Surrenders In Court And Is Released On $200,000 Bond" »

Miami Beach police arrested Brazilian born artist Romero Britto on Thursday morning and charged him with DUI. According to police, Britto was driving his Bentley southbound on Washington Avenue at about 3am and was swerving between lanes. Miami Beach police spokeswoman, Detective Jenny Velazquez, stated that Britto's blood alcohol level was about twice the legal limit, although she declined to release his specific blood alcohol results. Romero posted a $1,000 cash bond to secure his release from jail pending his criminal case.

Britto has been described as a neo-pop artist, painter, sculptor, and serigrapher. His work is very contemporary and is a combination of cubism, graffiti, and pop art. He currently resides in Miami, Florida, and has two art galleries, one on Lincoln Road in South Beach and the other in the Midtown Miami.

Continue reading "Miami Beach Police Arrest Artist Romero Britto For DUI" »

This Miami criminal lawyer has learned that an unnamed source with knowledge is reporting that Cleveland Browns wide receiver Donté Stallworth, 28, was driving under the influence of alcohol when he struck and killed Mario Reyes, 59, on Miami's MacArthur Causeway last Saturday morning. In addition, WSVN-FOX was reporting on Thursday afternoon that Stallworth's blood alcohol content was 0.12 grams of alcohol per 100 milliliters of blood. However, Miami Beach police would not yet confirm that Stallworth's blood alcohol level was above the 0.08 legal limit.

Although criminal charges have not yet been filed, Stallworth could still be facing charges as serious as DUI manslaughter or vehicular manslaughter. Under Florida law, both DUI manslaughter and vehicular homicide are 2nd degree felonies punishable by up to 15 years in state prison.

Continue reading "DUI Update: Source Says Donté Stallworth Was Driving Drunk At Time Of Fatal Accident" »

According to the Miami Herald, the DUI blood test results for Cleveland Browns wide receiver Donte' Stallworth should be available soon. Stallworth, 28, was driving his Bentley eastbound on Miami's MacArthur Causeway last Saturday at about 7am when he struck and killed Mario Reyes as he was crossing the street. Reyes, 59, had just left his job as an overnight crane operator and was attempting to cross the street to catch the bus home.

Although he was questioned and released by Miami Beach police, Stallworth may still face criminal charges. If his DUI blood test results reveal the presence of alcohol or drugs, Stallworth could be facing the criminal charge of DUI manslaughter. However, even without a positive test result, he may still be facing criminal charges such as vehicular manslaughter and reckless driving. Under Florida law, DUI manslaughter and vehicular manslaughter are both 2nd degree felonies punishable by up to 15 years in state prison.

Continue reading "Miami DUI Blood Test Results For Donte' Stallworth Expected Soon" »