Posted on June 16, 2025 in Violent Crimes

Domestic violence in Florida is legally defined as an assault, battery, sexual assault, stalking, kidnapping, or any other criminal offense that results in the injury or death of a family or household member by another family or household member. A dating relationship that has happened within the last six months in also this category under Florida statute. 

Court-ordered protection may be sought by those who claim they are victims of domestic violence. This protection comes in the form of a protective injunction, sometimes known as a restraining order. While the two terms may be used interchangeably, legally, Florida has only protective injunctions. If you have had a protective injunction taken out against you, whether warranted or not, speaking to an experienced Fort Lauderdale, FL criminal defense lawyer can be extremely beneficial.

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 Posted on May 28, 2025 in DUI

Getting arrested for a DUI in Florida while you are far from home is scary in the moment and complicated in the aftermath. For out-of-state drivers, it often means you will face consequences in Florida and your home state. 

Your best chance at fighting the charges against you is to hire an experienced Miami DUI defense attorney. These cases require a thorough understanding of Florida DUI laws and how they apply to non-residents of the state. When the stakes are high and the repercussions of a conviction are long-term, you need aggressive representation.

What Are the Penalties for Non-Residents Arrested for DUI in Florida?

Florida is part of the Interstate Driver’s Licence Compact (IDLC), which allows states to share information regarding DUI convictions and penalties, specifically license suspensions. Therefore, when a non-resident is arrested for a DUI in Florida, the potential for facing penalties in two states is high. While you may hold a license from another state, Florida law will govern your case, and your home state could take legal action against you afterward.

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 Posted on May 14, 2025 in Drug Crimes

Facing a drug trafficking charge in Florida can be intimidating. With your attorney, you have to challenge the evidence presented against you, and if any of that evidence was obtained during an unlawful search and seizure, your ability to fight the charge is considerably better. An experienced Broward County, FL drug trafficking attorney will investigate the details of your arrest and the charges against you to help you build a strong strategy and protect your constitutional rights.

What Does Illegal Search and Seizure Mean?

An illegal search and seizure occurs when the police conduct a search or collect evidence without adhering to legal protocol. The Fourth Amendment protects you from unlawful searches and seizures, requiring police to have probable cause and, in most cases, a warrant to search your person or your property.

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 Posted on April 29, 2025 in Gun & Weapons Crimes

Under the Second Amendment to the U.S. Constitution, Americans have the right to bear arms. However, that right can be lost under both federal and state laws — particularly for people convicted of certain crimes. If you have been convicted of a felony or a gun-related offense in Florida, you are likely prohibited from owning, possessing, or purchasing a firearm. The same is true if you were convicted of a misdemeanor involving domestic violence.

Fortunately, this loss of rights is not always permanent. In some cases, a person may be able to regain their firearm rights through a specific clemency process administered by the State of Florida. While the path is strict and highly regulated, it is possible to succeed — especially with legal guidance from an experienced and tenacious Miami, FL gun rights restoration lawyer. If you are located in Miami-Dade County and want to understand your options, The Hoffman Firm can walk you through the steps and help you prepare a strong application.

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 Posted on April 14, 2025 in Gun & Weapons Crimes

A felon in possession of a firearm charge can have severe, life-changing consequences. Understanding your rights is the first line of defense, and a Broward County, FL felon in possession of a firearm attorney will walk you through the legal process and the possible defenses as they apply to your case. You do not have to face these charges alone.

What Are Common Defenses for Possession of a Firearm by a Convicted Felon?

Pretrial defenses challenge how the evidence used to charge you was collected and whether or not it is sufficient for a conviction. Trial defenses can either challenge the sufficiency of the evidence or raise an affirmative defense. Examples of these defenses include:

• Illegal search and seizure: You may be able to argue that the law enforcement officer who found the firearm did so through an unlawful search, violating your Fourth Amendment rights.

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 Posted on March 27, 2024 in Violent Crimes

In Miami and Broward, Florida, individuals facing domestic cases involving restraining orders often have questions about their legal rights and obligations regarding testimony. As a reputable criminal defense attorney at Hoffman Law Firm, Evan Hoffman provides valuable insights into this complex legal issue.

First and foremost, it's crucial to understand that court-issued restraining orders carry significant legal weight and must be adhered to. These orders are designed to protect individuals from potential harm or harassment and are enforceable by law.

When it comes to testimony in a domestic case with an open restraining order, several factors come into play. Courts may require testimony from various parties involved, including the individual protected by the restraining order and the respondent named in the order. However, legal protections exist to ensure fairness and safety throughout the legal process.

One important consideration is the concept of privilege, which applies to certain communications and interactions. For example, spousal privilege may prevent one spouse from being compelled to testify against the other in certain circumstances. However, the specifics of privilege can vary based on the nature of the case and the relationship between the parties involved.

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 Posted on March 05, 2024 in Gun & Weapons Crimes

In Miami and Ft. Lauderdale, Florida, understanding the laws regarding constructive possession and open carry of weapons is crucial. As a respected criminal defense attorney at Hoffman Law Firm, Evan Hoffman sheds light on this complex legal issue.

Constructive possession refers to the legal concept where an individual has control over an object, even if it is not physically in their possession. This concept often comes into play in cases involving firearms or other weapons. In Florida, the law prohibits certain individuals, such as convicted felons, from possessing firearms. However, constructive possession can extend beyond physical possession to include situations where an individual has control or access to a weapon.

Open carry refers to the practice of visibly carrying a firearm or weapon in public. Florida has specific laws governing open carry, including requirements for obtaining a concealed carry permit. It's essential for individuals to understand these laws to avoid potential legal consequences.

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 Posted on October 27, 2023 in Gun & Weapons Crimes

The recent legalization of concealed carry in Florida marks a significant milestone for gun rights enthusiasts. However, it's important to note that not everyone is automatically eligible to exercise this newfound privilege. For individuals with felony convictions on their record, understanding the process of rights restoration is crucial. In this blog post, we will explore the implications of the new concealed carry law in Florida and the steps felons can take to regain their rights.

Concealed Carry in Florida: A Brief Overview

As of July 1st, 2023, eligible individuals in Florida can now legally carry concealed weapons in public places, provided they have obtained the necessary permit. However, it's important to recognize that this privilege does not extend to individuals with felony convictions.

Rights Restoration for Felons in Florida

If you have a felony conviction in Florida, your rights, including the right to possess a firearm, are restricted. However, there are avenues available for rights restoration:

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 Posted on August 30, 2023 in Gun & Weapons Crimes

On July 1, 2023, Floridians experienced a significant change in their state's gun laws. Governor Ron DeSantis signed a bill into law in April, ushering in a new era of firearm regulations. Starting on this date, Floridians will be able to carry concealed guns without a permit, marking a substantial shift in the state's approach to gun ownership and concealed carry.

The New Law

The bill signed by Governor DeSantis eliminates the requirement for Floridians to obtain a concealed carry permit to carry a concealed firearm. This change means that individuals who meet certain eligibility criteria will be allowed to carry a concealed firearm without having to go through the previous process, which included mandatory training, licensing fees, and background checks.

Key Provisions of the Law:

1. Permitless Concealed Carry: The most significant change is that individuals who are legally eligible to possess a firearm can now carry it concealed without obtaining a specific concealed carry permit.

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 Posted on August 14, 2023 in Civil Rights

Discovery is the cornerstone of our justice system, ensuring that the truth is unveiled when individuals face criminal accusations. However, striking the right balance between obtaining evidence and protecting vulnerable parties can be a complex challenge. Florida's recent addition to HB 667 aims to address this delicate balance by limiting the deposition of alleged victims in specific cases. While the intention is to safeguard child victims of sexual offenses and intellectually disabled victims, concerns have been raised about potential drawbacks to judicial efficiency and the rights of both victims and defendants. In this blog, we delve into the intricacies of this amendment, its potential implications, and the arguments surrounding its adoption.

Protecting Vulnerable Victims

The amendment to HB 667 seeks to prevent the deposition of alleged victims who fall into two categories: child victims of sexual offenses and victims with intellectual disabilities. This approach reflects a proactive step toward ensuring that these vulnerable individuals are spared the potential trauma of testifying multiple times. In cases involving such severe penalties as mandatory life imprisonment or lengthy sentences, proponents argue that "good cause" is inherently established, warranting the prohibition of depositions without additional hearings.

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