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Recent Blog Posts

Understanding Theft Crime Laws in Florida

 Posted on September 27, 2013 in Theft

Being charged with shoplifting or retail theft crime in Florida can have serious consequences. If convicted, your criminal record could negatively impact your social, financial, and even professional well-being. With consequences so severe, it's critical to have a defense attorney on your side, one with the expertise and experience needed to successfully lead you through this complex case.

In the state of Florida, there are many specific types of thefts that you can be charged with. Regardless of which degree you're charged with, however, the reality is that the consequences are severe and potentially long-lasting.

Specific types of thefts include:

  • Grand theft: this term distinguishes the severity based on the value stolen. Property stolen that exceeds $300 in value is considered grand theft in Florida, and a conviction of grand theft is a third-degree felony that can be punished with up to 5 years in prison.

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I Was Charged with Possession of Marijuana in Florida – Now What?

 Posted on September 20, 2013 in Drug Crimes

Charged with possession of marijuana in Florida? Though this is one of the most widely used banned substances in the Sunshine State, it's absolutely crucial not to take these charges lightly. Because cannabis is classified as a Schedule 1 drug in the state, meaning it's one of the most dangerous drugs, the criminal charges can be severe.

So what can you be charged with? The most frequent offenses include the following:

  • Marijuana possession - Simple
  • Marijuana possession - Felony
  • Trafficking marijuana
  • Cultivation of marijuana

If successfully convicted of any of these charges, you may face severe penalties that damage your reputation and create a criminal record. This is why it's so crucial to work with a Florida marijuana criminal attorney that you can trust.

How Being Charged with Marijuana in Florida Works

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Miami and Drug Paraphernalia Crimes

 Posted on September 06, 2013 in Drug Crimes

Did you know that possession of drug paraphernalia is a misdemeanor offense in the state of Florida? The problem with possession of drug paraphernalia is that it must be proven to be in conjunction with intent to commit the act of drug use, which can sometimes make this accusation a little shaky. But even so, you should never try to defend yourself if you have been charged with possession of drug paraphernalia.

When accused of possession of drug paraphernalia, the best possible thing you can do is to first stay calm, and then seek the help of an expert in Florida Criminal Law. A South Florida criminal attorney such as Evan Hoffman and his teammates can help anyone who is facing charges of drug paraphernalia. Whether or not you believe it, you can fight these charges. If you contact us, you can help yourself to avoid a conviction of possession of drug paraphernalia.

Maybe the most surprising thing about possession of drug paraphernalia is that it does not always go along with a drug possession charge. While these charges do often occur in conjunction with each other, you can still be charged even with no actual illicit substances in sight. So if you have in your possession objects such as a pipe, scale, syringe, bong, water pipe, or other similar objects, you could still face this common misdemeanor charge.

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Has Your Driver’s License Been Suspended? Here’s What You Can Do

 Posted on August 27, 2013 in Criminal Defense

Having your driver's license suspended is not just embarrassing, but it is also an enormous hindrance in your daily life. You may have had your license suspended due to DUI charges or as the result of multiple traffic violations. In the case of a DUI charge, your driver's license will be suspended immediately, which comes along with all of the potential punishments that take place when you are charged with drunk driving. If your license has been suspended, don't lose hope. There is a way out.

In order to learn more about the suspension of a driver's license, you can consult with someone who knows and understands everything about DUI charges and license suspension and at a very intimate level. Professional Miami Criminal Defense Attorney Evan Hoffman, in addition to his team of experts, can help. The Hoffman Firm can help you understand what to do and can help you fight the suspension of your license so you can start driving legally again soon.

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How Do I Fight Charges of Computer Crimes in Florida?

 Posted on August 13, 2013 in White Collar Crimes

In the so-called "digital age" we live in today, one very common area of crime is computer crime.

Being charged with a computer crime is not limited to only hackers. Some people may find themselves charged with a computer crime for unknowingly downloading copywritten material, or using software or other programs without proper licensing.

Many things can fall under the spectrum of computer crimes, but some of the main ones involve anything from illegal "SPAM" marketing, illegal downloading of "intellectual properties" such as music, movies, and digitally formatted books, hacking, perpetuating viruses, stealing/illegal usage of software, internet fraud, and much more.

Because computer-related crime usually involves the internet, many laws may come into play including state ad federal laws. Computer crime is a very complex area of law and the legalese can be very complicated. Defending against charges of computer crime often involves the expertise and testimony of a computer forensics expert.

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What You Should Know About Computer Crimes

 Posted on July 20, 2013 in White Collar Crimes

Among some of the most complex types of criminal charges are those involving computers and the internet. If you have been accused of computer-related crime, you may have trouble understanding exactly what you're being charged with. There are countless different types of computer crimes. When you think of a computer crime, you are probably thinking of hackers, who do damage remotely, often by gaining access to personal data such as credit card or bank information. But there are less obvious types of computer crimes as well.

You can learn more about computer crimes by consulting with someone who understands the nuances and complexities of the laws around Florida computer crimes. Professional Miami Criminal Defense Attorney Evan Hoffman and his team of experts can supply an intimate understanding of these laws, and could prove to be an invaluable resource in fighting charges of computer crime. Contact The Hoffman Firm today to find out how we can help.

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What to Know About Charges of Conspiracy to Traffic Drugs

 Posted on July 13, 2013 in Drug Crimes

Have you been accused of drug trafficking? Believe it or not, a prosecutor is not required to prove that you are in fact a drug dealer. If you are in possession of drugs, whether illicit prescription drugs, marijuana or cannabis, cocaine, or opiates such as heroin, the state of Florida needs only to show that, along with possessing them, you knew these drugs were illicit in nature.

If you find yourself in the distressing situation of being charged with conspiracy to traffic drugs, there is no need to panic. The professional legal team at The Hoffman Firm, led by Miami Criminal Attorney Evan Hoffman, can help. Evan Hoffman, a highly experienced criminal lawyer, is also a former prosecutor. If you have been wrongly accused, feel free to contact us to learn more about our services.

Conviction of drug charges in Florida means a minimum of 3 years of incarceration. Conspiracy of drug trafficking, regardless of degree, means that the person in question has personally intended to engage in a transaction with at least one other person.

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Dealing With Probation Violations in Florida

 Posted on July 06, 2013 in Criminal Defense

What is probation, and what happens if it is violated? Florida code chapter 948 deals with Probation and defines it as:

(1) "Administrative probation" means a form of non-contact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to non-reporting status until the expiration of the term of supervision.

Violating the conditions of probation can land the offender in serious trouble because they have already been convicted of a crime and have been given leniency by the court.

To learn more about Probation in Florida, contact Miami Criminal Defense Attorney, Evan Hoffman for a FREE consultation. Call today 305-249-0090 or contact us online.

Conditions of Probation

The conditions of probation all will vary according to what is worked out with the court and judge. Generally, probation means that a person is assigned a Probation Officer who they are required to meet with on a regular basis, and who may check in on them unannounced to ensure that they are not in violation of their Probation.

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The Crime of Prostitution in the State of Florida

 Posted on May 22, 2013 in Sex Crimes

Often referred to as "The world's oldest profession", prostitution has indeed been around since the beginning of civilization. Today in most places in America including Florida, prostitution is illegal but is still not too uncommon.

How Is Prostitution Defined?

Under Florida law, the offense of "prostitution" can be committed in several different ways. The most commonly charged offenses are: (1) Offering to Commit, Committing, or Engaging in Prostitution, Lewdness, or Assignation, and (2) Soliciting for Prostitution, Lewdness, or Assignation.

(1) Offering, Committing, or Engaging in Prostitution- Under Section 796.07(1)(e), Florida Statutes, it is a criminal act for a person "to offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation." "Prostitution" is defined under the statute as the giving or receiving of the body for sexual activity for hire. The term does not include sexual activity between spouses.

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Charged With Solicitation - What Do I Do?

 Posted on May 14, 2013 in Sex Crimes

Charged with Solicitation?

In Florida, solicitation is a misdemeanor for first-time wrongdoers. If offenders are convicted of solicitation, it can result in fines, probation, or even jail time. This will vary in a case-by-case scenario. Additionally, if this is the second or third solicitation offense, penalties are more severe.

How is Solicitation Defined?

A variety of acts can be defined as solicitation, but the general definition of criminal solicitation is when one person strongly encourages another person to engage in a criminal act. Criminal solicitation commonly involves crimes such as prostitution and drug dealing. Politicians are on occasion convicted for solicitation of a bribe. The crime of solicitation is completed if one person intentionally entices, advises, incites, orders, or otherwise encourages another to commit a crime. The crime solicited does not need to actually be committed for solicitation to occur.

In the case of prostitution, both the prostitute and the "client" can be charged with solicitation if each person encouraged the other to engage in the criminal act regardless of whether any sex act occurred. Solicitation is the act of asking someone to engage in a criminal act, not the act itself. Additional charges may also be brought to either party, depending on the particular circumstances or whether any sexual act occurred.

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