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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 Posted on March 13, 2016 in Violent Crimes

Have you been charged with murder? Are you not sure what to do? In Florida, it is the unlawful killing of a human being. In Florida, there are different degrees of Murder depending on how the crime is committed.

In Florida, First Degree Murder is premeditated murder, felony murder, and murder committed during drug-related offenses.

1. Premeditated Murder: To prove premeditated murder, the prosecution must show that the defendant prepared to commit the crime and had the intent to commit murder. Evidence must be shown that the defendant took steps to commit the murder and had a plan to commit murder.
2. Felony Murder: is when the defendant commits a murder during the commission of a felony. Some of the felonies include:
   • Burglary
   • Home-invasion Robbery
   • Kidnapping
   • Sexual Battery

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 Posted on March 10, 2016 in Criminal Defense

Have you been charged with disorderly conduct? Are you not sure what to do? In Florida, disorderly conduct is any act that corrupts public morals. So what exactly does this mean? Disorderly conduct is any conduct that a reasonable person would find to be indecent or stir up trouble in the public. Some of these acts include loud arguments in public, being intoxicated in public or being aggressive with police. Disorderly conduct includes any act that affects the public peace or interferes with the public's enjoyment of their quiet time while being in public.

In Florida, examples of disorderly conduct include:

• Inciting a Riot
• Disturbance of the Peace by using obscene or abusive language
• Fighting or Physical Altercations in public
• Obstructing Traffic
• Any loud or unreasonable noise in public

Disorderly conduct also includes when anyone participates in fight or brawl in public. This is considered to be an affray. An affray is an instance of fighting in a public place that disturbs the peace. If charged with disorderly conduct as an affray, it can be punished by as a first-degree misdemeanor. A first-degree misdemeanor is punishable up to one year in prison or a $1,000 fine. A public fight or brawl can also be considered as a riot. A riot is a violent disturbance of the peace by a crowd. It can be punished by a felony and will receive a harsher punishment.

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 Posted on February 21, 2016 in Criminal Defense

Has a restraining order been issued against you? Are you unsure of what you can and cannot do? A restraining order is issued by the state court and orders one person from staying away from another person. A restraining order is also referred to as an injunction. Although most restraining orders are issued by a civil court, they are also related to the criminal system. The purpose of a restraining order is to protect the victim from future harm.

Some examples of cases that involve restraining orders are:

• Domestic Violence
• Dating Violence
• Sexual Violence

A restraining order can be requested not only by the victim themselves but anyone with a relationship to the abuser. Your official relationship with the alleged abuser does not matter. An example is that you do not need to be legally married to file a restraining order with someone you had a relationship with before.

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 Posted on February 02, 2016 in Criminal Defense

Have you been contacted for a federal investigation or accused of committing a federal crime? What many people do not know is that the federal system is very similar to the state system in law and procedure. It is important to understand the differences because they are crucial. Federal crimes can be more complex and time-consuming; it is essential to have an attorney that has experience in that area.

There are certain steps you must take if you are contacted for a federal investigation:

1. Contact a lawyer that has experience in working in the federal system and can represent you in the most significant way
2. Create a plan of defense with your attorney on what the investigation is about and how you plan to approach it
3. Work with your lawyer to understand what information to disclose, so that you don't inadvertently incriminate yourself in an investigation. It is crucial, to be honest, but you do not want to incriminate yourself

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 Posted on December 18, 2015 in Civil Rights

In a recent announcement, the United States Department of Justice (DOJ) stated that it is considering making thousands of federally incarcerated inmates eligible for presidential clemency grants. The tentative action would involve at least six conditions that must be satisfied in order for an inmate to receive a clemency grant from the President.

First, inmates who have verified ties to criminal gangs, drug cartels, and organized crime groups would not be eligible. The proposal is designed to increase the opportunity for early release for non-violent inmates who received long-term sentences pursuant to mandatory minimum sentencing laws in effect at the time of their convictions. Roughly 13 percent of the 216,000 inmates in federal penitentiaries have served over 10 years, but they are not eligible to qualify for consideration, based primarily on the nature of their criminal records.

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