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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 Posted on December 16, 2015 in Civil Rights

Second chances are some of the best opportunities that we can come across in life, especially when it comes to criminal liability. Many criminal systems throughout the country have created systems that allow first-time offenders to undergo rehabilitative treatment in lieu of jail time. Known as Pre-Trial Intervention ("PTI") programs or Deferred Prosecution ("DP"), the participant is allowed to perform community service, take a series of courses, or accomplish some other activity in exchange for a deferment of prosecution. Upon successful completion, the defendant will typically not have a criminal record and will also likely not have to pay legal fees commonly associated with criminal proceedings.

According to Florida Statute Section 948.08, prosecutors in Florida can choose whether to opt for a PTI program as opposed to prosecuting a case against a first-time offender. Typically, if the first-time offender committed a non-violent crime, the prosecution will offer a PTI program in lieu of prosecuting the charge. This program also allows a successful participant to seek the expungement or sealing of his or her record, which can further facilitate rehabilitation.

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 Posted on November 11, 2015 in DUI

Most people know that your license can be suspended when you are convicted of driving under the influence ("DUI"). Few are also aware that there is a process that must be complied with before the defendant's driver's license can be suspended. In Dept. of Highway Safety and Motor Vehicles v. Canalejo, the defendant sought a formal administrative review after his license was suspended pursuant to a DUI conviction.

The attorney for the defendant attempted to issue a subpoena for each officer who was involved with the defendant's arrest. The Department of Highway Safety and Motor Vehicles, however, sent modified subpoenas requesting telephonic appearances instead.

During the hearing, the defendant offered a video showing the 20-minute waiting period that he endured following his arrest, but he stated that he could not properly authenticate the video without one of the arresting officers present. The defendant's attorney refused the court's offer to continue the hearing until a time that the officer could be present, and the hearing officer issued a decision at the hearing.

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 Posted on October 21, 2015 in Gun & Weapons Crimes

According to Florida Statutes § 948.01, judges are vested with special authority to withhold adjudication of a criminal matter. Under this statute, a defendant who enters a plea of guilty or no contest to a felony charge may not be classified as a convicted felon under Florida's current laws. Judges typically opt to withhold adjudication when the defendant does not have a significant preexisting criminal history, or when the defendant does not have any prior felony convictions. If the withholding is granted, the defendant retains his or her right to vote, and under current Florida law, he or she will not lose the right to possess a firearm after successfully completing probation.

Under existing laws, however, a Florida resident can be prosecuted under Florida Statutes § 922(g), "possession of a firearm by a convicted felon" law in federal court even though he or she was granted withholding of adjudication for a felony committed in Florida.

In the recent case of USA v. Clarke, et al., for example, the Eleventh Circuit Court of Appeals stated that federal courts have held in the past that the withholding of adjudication does not preclude federal prosecutors from prosecuting a defendant for violating § 922(g). In reconsidering past decisions dealing with withholdings of adjudication, the Eleventh Circuit has certified the question to the Florida Supreme Court to provide an opinion on the issue. A certified question means that the federal court is asking the state's high court to provide guidance to the federal court on interpreting and applying the state rule in issue.

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 Posted on October 07, 2015 in Criminal Defense

In a recent case, the Florida Second District Court of Appeals considered Florida's rule that a change of address during a parole period can constitute a violation of parole. In Mullins v. State, the defendant was convicted of parole violations on two separate grounds. First, the court concluded that the defendant failed to obtain his probation officer's consent prior to changing his place of residence. Second, the court concluded that the defendant provided his probation officer with false information about the place where he actually lived. Both violations stemmed from the same event: the defendant's relocation.

The probation officer found out that the defendant had changed his address during a routine surprise home visit. When the probation officer showed up at the address listed for the defendant, the defendant was not at home. Although this is not a violation of parole, the owner of the home informed the parole officer that the defendant had moved out.

During the parole violation hearing, the probation officer testified to the exchange she had with the homeowner, which the court failed to exclude on the basis of hearsay testimony. Hearsay is a statement made out of court that is offered for the truth of the matter asserted. In this instance, the parole officer's conversation with the homeowner was hearsay because it was offered to prove that the defendant no longer lived at the address-information about which the parole officer had no independent, personal knowledge.

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 Posted on September 23, 2015 in Criminal Defense

Both Florida and U.S. laws provide protections for people who are either accused or suspected of committing a crime from any improper or illegal activities on the part of government officials like police officers. Some of these rights are well known, like the right to not incriminate yourself and the right to have an attorney present during questioning. One of the lesser-known rights afforded to criminal suspects and defendants is the right to have the matter brought to trial within a certain period of time.

Recently, the Florida Second Circuit Court of Appeals dismissed a case based on the prosecution's failure to bring the case to trial within a reasonable timeframe. In Norton v. State, the defendant was suspected of violating Florida's laws against the so-called doctor shopping. More specifically, the law prohibits an individual who has been prescribed a controlled substance during the last 30 days from providing information about or withholding information about that prescription from another health care provider when that person is attempting to obtain a second similar or identical prescription from the other health care provider. Violations of this statute constitute third-degree felonies.

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