Posted on February 06, 2013 in Criminal Defense

Have you had a restraining order or injunction placed against you or been threaten with them? If so, then there are some things you need to understand.

What Are Restraining Orders and Injunctions? What's the Difference Between the Two?

A restraining order is an official command issued to an individual by a court that orders the individual to refrain from a certain activity which can include the total avoidance of contact with a certain person(s.) Restraining orders are sought by plaintiffs in a variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, copyright infringement, and cases of harassment, domestic abuse, and stalking. All restraining orders begin with an application to the court, which decides the merits of the request by using a standard test.

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 Posted on October 24, 2012 in Criminal Defense

What Is a Probation Violation and How Do I Defend Myself Against It?

Probation explained: 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.

A Violation of Probation proceeding is very different than being charged with a new crime because the person has already been sentenced to probation; so the person has less protection than if they were charged with a new crime.

What Are the Conditions of Probation?

The conditions of Probationall depend on what is worked out with the court and judge. But in general, Probation means that a person is assigned a Probation Officer who they must 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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 Posted on October 18, 2012 in Gun & Weapons Crimes

There is a lot of confusion when it comes to the laws concerning self-defense. Also referred to as "Stand Your Ground," self-defense laws can vary from state to state.

Even if you have not been involved in a case of self-defense, it is important to understand the laws because you never know when God forbid, you may find yourself in a position of having to defend yourself and or someone else.

If you are in the need of counsel, contact us at The Hoffman Firm for a FREE consultation with one of our experienced South Florida Defense Attorneys. We can help you understand your rights, call now at 305-249-0090!

Florida Law Pertaining to the Justifiable Use of Force

Chapter 776 of Florida Statutes was amended by the Legislature in 2005. The changes that took effect on October 1, 2005, extended the provisions of what is known as the "Castle Doctrine," declaring that a person has no duty to retreat and has the right to stand his or her ground and meet force with force if that force is necessary to prevent death, great bodily harm or the commission of a forcible felony.

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 Posted on October 02, 2012 in Juvenile Criminal Defense

Overview

Criminal cases involving minors in the state of Florida are handled by the Juvenile Justice System or "Department of Juvenile Justice" (DJJ), and generally, progress through the system a little differently than adult crimes.

Usually, juvenile crimes are moved through the system faster than adult cases. Unlike adult court, there are no juries in Juvenile Court and a Judge decides all trials. The Juvenile Justice System also differs from the adult system in that it focuses more on rehabilitation rather than punishment.

In some limited instances, juvenile cases are "Direct Filed" to adult court. While infrequently done, direct filed cases are usually the result of a repeat juvenile offender who has committed a serious crime.

Below is an overview of the typical process of a juvenile criminal case as it goes through the justice system:

Arrest, Release, and Detention

When a minor is taken into custody by law enforcement, they are then taken to the DJJ at the Juvenile Assessment Center (JAC.) A DJJ counselor then assesses each child and makes a report as to whether the child meets certain criteria for "secure detention;" or if they qualify for "non-secure detention" which allows them to be released into the custody of their parents/guardians. In cases of non-secure detention, the child remains under daily supervision from the DJJ counselor and failure to meet the requirements of non-secure detention may result in the child being held at the detention center.

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 Posted on September 20, 2012 in Drug Crimes

When arrested for Drug Possession in the state of Florida you will more than likely get put into the drug court system. The nation's first drug court was established in 1989 in Miami-Dade County by Chief Judge Gerald Wetherington, Judge Herbert Klein, then State Attorney Janet Reno and Public Defender Bennett Brummer. Drug Court was designed with the purpose to include drug treatment into the criminal system for people that are believed to be getting into legal trouble due to drug abuse problems.

Drug courts combine mandatory substance abuse treatment, sanctions, and incentives, and focused judicial supervision to break the cycle of drug addiction and associated crime. Miami Criminal Attorney Evan Hoffman is well versed in all procedures in drug possession arrests and drug court procedures.

Florida Statutes have authorized two types of "drug courts" The First type is PTI or Pre-Trial Intervention Programs and the second type is Probationary Programs. Since the first drug court, there have been major expansions and we now have misdemeanor drug court, felony drug court, juvenile delinquency, and dependency divisions. There are over 106 different drug courts in the Florida State Court System.

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 Posted on September 12, 2012 in Civil Rights

The Fourth Amendment to the U.S. Constitution reads as follows:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Did you know that there are limits on the power police use to make arrests, search people and their property, and seize objects and contraband? Do you know what constitutes probable cause for a search? The Fourth Amendment protects against "unreasonable" searches and seizures by authorities.

The Fourth Amendment protects two fundamental liberty interests:

1. The Right to privacy.
2. The Right to freedom from arbitrary or "random" invasion.

Knowing your rights protected by the Fourth Amendment is very important and can make a difference in your case. If a search violates the 4th Amendment, and the courts find that an unreasonable search has occurred any evidence seized as a result of the search cannot be used as direct evidence against the defendant.

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 Posted on September 04, 2012 in Criminal Defense

Have you been arrested? Have you missed a court date and now have a warrant? Have you violated your probation or community control? Worried about losing your license due to traffic violations? If you are in any of these situations or you need help with any criminal legal situation help is just a phone call away.

Get a FREE consultation from West Palm Beach Criminal Attorney Evan Hoffman, in the Law Office of The Hoffman Firm. Here at The Hoffman Firm we believe that our knowledge and experience are your best defense. Facing criminal charges can be daunting and overwhelming; you do not have to face the judicial system alone. Call us for a free consultation and let us review the case information with you so that you can rest assured knowing our team here at The Hoffman Firm are on your side. We will be with you every step of the way making sure you do not face this alone. West Palm Beach Criminal Attorney Evan Hoffman has the knowledge of the criminal judicial system that you need and getting you a favorable outcome is his top priority.

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