Posted on March 08, 2017 in Civil Rights

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.

In Bretherick, the Court held that the burden of proof was on the defendant to assert that he or she was entitled to immunity, and the standard of proof was by a preponderance of the evidence.

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 Posted on February 24, 2017 in Criminal Defense

Before 1983, the criminal defendant had no reliable way of determining what type of sentence they may be receiving following a criminal conviction. Florida lacked a clear set of guidelines for judges when determining an appropriate sentence for a criminal defendant. Felony convictions could carry a maximum penalty ranging anywhere from five years imprisonment to life imprisonment depending on the category offense. Due to the availability of parole for many convicted individuals, this policy resulted in varying amounts of time served for the same offenses.

The need for consistent sentencing structure lead to the eventual creation of Florida Rule of Criminal Procedure 3.992(a). These guidelines categorize offenses into different levels based on the severity of the crime, violence towards any victims involved, the offender's criminal history, legal status violations, use of firearms, and additional enhancements.

Florida Rule of Criminal Procedure 3.992(a)

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 Posted on February 24, 2017 in Drug Crimes

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

Following the legalization of medical marijuana, recreational marijuana remains illegal under Florida law. If you were charged with possession of a controlled substance in the city of Miami, your time to act is limited. The moment you are arrested for a criminal offense, the prosecution is working hard to create a case against you. At this time, you need a skilled Miami criminal defense attorney on your side to develop an excellent defense strategy and fight for your rights.

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 Posted on January 17, 2017 in Gun & Weapons Crimes

The mass shooting on January 6 at Fort Lauderdale-Hollywood International Airport resulted in the deaths of five people as well as six injured in the shooting and several others who suffered injuries in the pandemonium that occurred during the shooting. Broward County Sheriff Scott Israel stated that suspected gunman Esteban Santiago-Ruiz, a military veteran, was arrested without incident.

Authorities said Santiago-Ruiz checked a 9mm semi-automatic handgun in his luggage and retrieved the weapon from his baggage after arriving in Fort Lauderdale. Broward County Commissioner Chip LaMarca said on Twitter that Santiago-Ruiz went into a restroom to load his weapon and came out firing.

Following the shooting, airports across the nation announced intentions to boost their security. Alleged firearm offenses are some of the most common reasons that people are arrested at airports in Florida, as many visitors from other states or even local residents of the state fail to realize they are not authorized to carry certain weapons.

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 Posted on November 29, 2016 in Sex Crimes

In Tallahassee, Terry Gorby was classified as a sex offender because he had consensual sex with his 14-year-old girlfriend. The mother of the victim found out and pressed charges against Gorby who was found guilty of lewd and lascivious battery on a minor.

Florida's Romeo and Juliet laws were created in 2007 to address concerns about high school-aged youth, consensually having sex with someone older than the age of consent, and being labeled sexual offenders as a result. Florida's age of consent is 18 years old.

Romeo and Juliet's laws are intended to protect young sexual offenders who were relatively close in age to the victim they had consensual sex with, from having to register as sex offenders.

Being labeled a sex offender can have a very negative impact on your life. You can be restricted from living in certain areas, not be able to participate in some of your own children's school functions, and not be able to have certain occupations because of your status.

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 Posted on November 03, 2016 in Drug Crimes

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.

On Tuesday, voters will decide whether to pass the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2. A 57.62 percent majority voted in favor of the similar Florida Right to Medical Marijuana Initiative in 2014, but the total did not meet the 60 percent supermajority required for an amendment to pass.

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 Posted on October 31, 2016 in Violent Crimes

On March 14, 2016, the United States Department of Justice (DOJ) announced a package of resources to assist state and local efforts to reform harmful and unlawful practices in certain jurisdictions related to the assessment and enforcement of fines and fees. One of the elements of the package was a Dear Colleague Letter from the Civil Rights Division and the Office for Access to Justice that was sent to the chief judges and court administrators in all 50 states.

The letter did not threaten any specific enforcement action for those who ignore it, but it did detail seven principles that court personnel should be aware of when imposing fines. The letter stated:

Recent years have seen increased attention on the illegal enforcement of fines and fees in certain jurisdictions around the country - often with respect to individuals accused of misdemeanors, quasi-criminal ordinance violations, or civil infractions. Typically, courts do not sentence defendants to incarceration in these cases; monetary fines are the norm. Yet the harm caused by unlawful practices in these jurisdictions can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs, and become trapped in cycles of poverty that can be nearly impossible to escape. Furthermore, in addition to being unlawful, to the extent that these practices are geared not toward addressing public safety, but rather toward raising revenue, they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents.

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 Posted on October 31, 2016 in Violent Crimes

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."

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 Posted on September 23, 2016 in Violent Crimes

Miami-Dade County criminal defense attorney Evan 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 Hoffman disputed the arrest affidavit's account of the alleged incident.

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 Posted on September 22, 2016 in DUI

Miami-Dade County criminal defense lawyer Evan 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 Hoffman told the Herald that the 18-month prison term was "a fair sentence."

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