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" »

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" »

Every defendant deserves the very best Miami criminal lawyer possible when facing a homicide or murder conviction. The consequences of such a conviction can be so harsh and life altering, that it is certainly in your best interest to ensure that you have the best Miami legal defense possible. Each and every week, the news reports are filled with individuals who have been exonerated by DNA tests or new evidence after they unfortunately spent years in prison. While it is certainly wonderful that these individuals have finally been released from prison, it would have been even better if they had never been wrongly convicted and sentenced.

Continue reading "Defending yourself Against Murder Charges" »

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" »

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" »

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" »