Florida Association of Criminal Defense Lawyers
Broward Association of Criminal Defense Lawyers
American Bar Association Badge
United States District Court - Southern District of Florida - Badge
Published on:

The Miami Herald reported on March 23 that a 16-year-old was arrested after detectives found “drugs, stolen credit cards, and a realistic-looking silver BB revolver” during a raid his Southwest Miami-Dade home this month. According to the Herald, the teenager was “only the latest example of someone arrested after South Florida investigators used Instagram and social media to track their suspected crimes.” 

Investigators began monitoring the minor’s Instagram account in January, and police told the Herald that the teenager’s four prior convictions did not stop him from “using Instagram to sell drugs and post pics of himself preening with pistols.” Numerous Instagram posts featured the teenage posing with guns that he was prohibited from possessing, and he allegedly used Instagram’s “Stories” feature—similar to Snapchat, involving videos and photos that disappear soon after being viewed—to sell Xanax. 

The Herald reported that the teenager remained in juvenile custody and prosecutors would have to decide whether to charge the minor an adult. The minor had been arrested six times in the juvenile justice system over the past three years. Three of those arrests were for car break-ins, and the teenager was convicted, or adjudicated “delinquent,” on four of the charges.

Published on:

Stand Your Ground (SYG) laws have been controversial in recent years, especially in Florida. High profile cases have overshadowed the common popularity of SYG laws. In 2013, Florida Governor Rick Scott convened the Task Force on Citizens Safety and Protection to review public perception of Stand Your Ground.

The Task Force found that many people believe that when those who are conducting themselves in a lawful manner are attacked, they have a right to defend themselves and to stand their ground. So, while the law is controversial, many people still believe in the principle behind it.

The fundamental reasoning for Stand Your Ground would be reinforced if Senate Bill 128 (SB 128) passed. SB 128 was created in response to the Florida Supreme Court’s ruling in Bretherick v. State, 170 So.3d 766 (Fla. 2015), where the Court ruled on the burden of proof in pretrial evidentiary hearings for SYG immunity.

Published on:

Despite the January legalization of medical marijuana in the state of Florida, Miami appears to have made little adjustments to prepare for the legal distribution of marijuana for medical purposes. Throughout the city of Miami, officials are still debating on the legality of medical marijuana distribution in the city.

Despite a 70 percent positive vote on the legalization of medical marijuana, and the possibility of an economic boost to Miami’s economy, Miami officials remain skeptical. Amendment 2, which legalized the sale of medical marijuana throughout the state of Florida, has left Miami officials at a standstill, and the City of Miami appears unprepared for the July 3rd deadline for Florida Legislators to make specific rules on the distribution of the drug.

Attorney for Drug Offenses in Miami, Florida

Published on:

On January 5, CBS Miami reported that a 30-year-old man and 38-year-old woman who were and awaiting sentencing for multiple burglaries were arrested after they were spotted allegedly attempting to burglarize another place. According to CBS Miami, the duo was out on bond for 40 alleged burglaries

Less than a week later, a 19-year-old Miami Beach man was arrested after three alleged robberies over the course of three months. Local 10 News reported that the alleged offender robbed juveniles of property that included cell phones and debit cards in three separate incidents between November 2016 and January of this year. 

The alleged offenders in both of these cases allegedly had the intent to deprive their alleged victims of property, so why are they facing different criminal charges? While robbery and burglary are often used interchangeably, the truth is that these are two separate and distinct criminal charges. 

Published on:

The Sarasota Herald-Tribune has published numerous articles relating to a study the newspaper did reviewing crimes in Florida from 2004 through 2015. According to the Herald-Tribune, “The investigation revealed that blacks are more likely to be found guilty than whites in Florida; they are more likely to spend time behind bars; their sentences are usually longer; and they are not given as many opportunities to avoid incarceration through pretrial diversion.”

The Herald-Tribune found that conservatives were generally harder on blacks than Democrats, with GOP judges sentencing blacks to 21 percent more time in jail or prison than white defendants busted on third-degree felonies. One judge who defied those numbers, however, was Dennis Murphy, a registered Republican who is a judge for the 11th Circuit Court in Miami-Dade County. 

“That’s something I try to take to heart and apply to cases across the board,” Murphy told the Herald-Tribune. “Does this sentence fit with what I have been doing? Does it fit the crime? Does it fit the others I have given out? I try to give each case individual consideration. I am trying not to do this in a vacuum.” 

Published on:

The video above features the parents of Elise Hall, a high school junior who died in September 2016 at 17 years of age after a battle with cancer. The advertisement was paid for by People United for Medical Marijuana, a Florida-based political action committee (PAC) seeking to legalize medical marijuana.

While Florida legalized a low-potency strain of cannabis when Governor Rick Scott signed Senate Bill 1030, otherwise known as the Compassionate Medical Cannabis Act of 2014, the measure only approved usage for a very limited group of patients. Furthermore, the only accepted manners of consumption were pills, oils, or vaporization, as administration by smoking was prohibited.

Published on:

The Daytona Beach News-Journal reported October 15 that a 24-year-old Miami Gardens man charged with first-degree murder in the killing of a Bethune-Cookman University (B-CU) linebacker at a party has invoked Florida’s “Stand Your Ground” law to argue that all criminal charges should be dismissed. A grand jury also indicted the alleged offender on two counts of attempted first-degree murder in the shootings of two other people at the party. 

According to the News-Journal, the alleged offender’s attorney filed a motion that states the two other people were shot unintentionally while the alleged offender was defending himself from the football player. The motion claims the alleged offender is about 5 feet 3 inches tall and weighs 108 pounds while the linebacker was 5 feet 11 inches tall and weighed 235 pounds. 

According to the motion, the alleged offender claims he was “minding his own business not bothering anyone” at the party when he was attacked and beaten by the football player and one of his friends who also played college football and was 6 feet 2 inches and weighed 225 pounds. While waiting for his ride in the parking lot, the alleged offender claims he was confronted and threatened again by the linebacker and at least two others. The motion states that the alleged offender “was forced to make use of the firearm to either save his life or prevent further infliction of serious bodily injury.” 

Published on:

Miami-Dade County criminal defense attorney Evan A. Hoffman is representing a 23-year-old man who was charged with attempted armed robbery and false imprisonment with a deadly weapon for allegedly attempting a parking lot booth invasion robbery at 1601 Washington Avenue in Miami Beach on May 26. The Miami Herald reported that the alleged offender’s father called Miami Beach police and arranged his son’s surrender on June 5. 

According to the Herald, the arrest affidavit states that cameras caught the alleged offender entering the parking lot at Washington Avenue in the car registered to him, getting out of the car, walking to the payment booth, entering the booth, and pulling out a large knife. The alleged victim claims that the alleged offender said, “Don’t make me kill you, give me the money!”

WPLG-TV in Florida reported that the alleged offender drove through the wooden gate—breaking the barricade arm, but no money was taken and the alleged victim was not injured. Miami-Dade County criminal defense lawyer Evan A. Hoffman disputed the arrest affidavit’s account of the alleged incident. 

Published on:

Miami-Dade County criminal defense lawyer Evan A. Hoffman helped a former Miami Beach police officer receive a sentence of 18 months in prison after the man was facing up to 10 years in prison for his involvement in a July 4, 2011, all-terrain vehicle (ATV) crash that critically injured two people on South Beach. The man and a fellow officer stopped by the Clevelander hotel, where he invited a bride-to-be at a bachelorette party on a joyride on the South Beach sand before striking two friends on the beach. 

The former officer was originally charged with two counts of driving under the influence (DUI) and causing serious bodily harm, and two counts of reckless driving. A jury acquitted the man of the DUI charges, but convicted him of reckless driving with serious bodily injury. 

The Miami Herald reported that the former officer turned down a plea offer of three years in prison, prosecutors had asked for up to four years in prison, and the court-ordered pre-sentence investigation recommended 90 days in jail. Miami-Dade County criminal defense attorney Evan A. Hoffman told the Herald that the 18-month prison term was “a fair sentence.” 

Published on:

Two children are dead and at least 17 more were wounded by gunshots early Monday morning at Club Blu, a nightclub in Ft. Myers, Florida. The ages of the victims range from 12 to 27. The violence at Club Blu began at 12:30 a.m. Monday morning.

“Her dodging bullets and running, dropping in between cars, it’s ridiculous that these kids have to go through this,” a statement made by Syreeta Gary, mother of a child who successfully avoided being shot outside of Club Blu. “They can’t enjoy themselves because you have other people that have criminalistic minds and they just want to terrorize things.”

The shooting comes more than a month after a nightclub shooting in Orlando that was the deadliest shooting in modern U.S. history. The shooting at the Pulse nightclub on June 12 left 49 victims dead and 53 others wounded.

Contact Information