Posted on February 13, 2023 in Criminal Defense

If you have been charged with a federal crime, you may be eligible for release from custody. The decision to hold or let you out of jail happens at a detention hearing. A judge will consider recommendations from an officer and listen to the evidence the prosecutor presents when making their determination. They are concerned with whether you would endanger the safety of others or society or would fail to show up for court appearances if released. A federal criminal defense lawyer can be instrumental in building and presenting arguments as to why you should be freed from custody.

At The Hoffman Firm, we provide legal representation to individuals in Broward County. Schedule a consultation by calling us at 305-249-0090 or contacting us online.

The Purpose of the Detention Hearing

A detention hearing takes place if you are charged with and held in custody for a federal offense. It is held to determine whether you should be released or remain in custody while your case is pending.

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 Posted on February 06, 2023 in DUI

A DUI arrest in Miami can trigger an automatic administrative driver's license suspension. The length of the suspension will depend on a few factors, including whether you refused or failed a chemical test. Still, you can request an administrative hearing to contest the driver's license suspension. Acting quickly is important because you have only a short window to ask for the hearing. Equally important is retaining the services of an attorney who can help guide you through the process and seek to protect your driver's license.

Schedule a consultation with The Hoffman Firm in Miami by calling us at 305-249-0090 or contacting us online today.

How Your Driver's License Can Be Suspended After a DUI Arrest

Driving under the influence of drugs and/or alcohol is an offense that can lead to repercussions even before your criminal case concludes. In Miami, as in the rest of Florida, if you are arrested for DUI, the arresting officer will direct you to submit to a chemical test to determine your blood alcohol content (BAC).

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 Posted on January 17, 2023 in Violent Crimes

Domestic violence can happen at any time or anywhere including vacation. There are different kinds of domestic abuse that may not include physical violence at all but if a spouse or partner does commit domestic violence while out of state on vacation, what happens?

Understanding Domestic Violence in Florida

According to Florida Statute § 741.28, domestic violence is a crime that involves "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member […]."

Household members may include:

• Spouses
• Former spouses
• Persons residing together
• Persons related by blood or marriage
• Persons who share children regardless of marriage

In Florida, domestic violence is punishable by at least five days of incarceration or years in prison at most. The degree of the charge determines the final sentencing which means the degree of harm caused, property damage, or the use of a firearm can elevate the charges from a misdemeanor to a felony.

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 Posted on December 05, 2022 in White Collar Crimes

In the digital age, crime has gone virtual, so what are cyber crimes and how are they prosecuted? Keep reading to learn more.

What Is Cyber Crime?

In general, cyber crimes are criminal acts that occur over the internet. However, the reality of these crimes is far more complex. The Federal Bureau of Investigation established their cyber crime investigation unit after a rise in cyber attacks and intrusions into private information.

Cyber crimes can be as simple as hacking into a person's bank account or as large scale as collecting or selling large quantities of child sex abuse material. It is also important to note that cyber crimes may be syndicated or occur among individuals or large entities.

Overall, cyber crime is often thought of as a parallel virtual world where crime occurs in a similar way to the real world. However, it is important to understand that while a crime may take place online, it is still a crime and can be punished severely.

Florida Laws

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 Posted on October 07, 2022 in Gun & Weapons Crimes

Gun charges are serious, but especially at the federal level. So, if someone is charged with a state gun charge, could they face federal charges as well? Keep reading to find out.

Florida Gun Laws

In Florida, gun charges can be charged independently or in connection with other crimes. Possession of a firearms may be an aggravating factor. For example, if a convicted felon is stopped for a DUI but they have a handgun in the car, possession of a gun could be an aggravating factor.

The state also has specific rules regarding concealed carry. Concealed carry is the legal possession of firearm in public. Florida residents are legally allowed to concealed carry and out of state visitors may also carry but only if they receive a permit.

Additionally, possession or discharge of a destructive device is a criminal offense in league with gun crimes. A destructive device can be a firearm or a grenade bomb, or rocket. In some cases, firing a gun in a restricted area is a crime.

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 Posted on October 07, 2022 in Violent Crimes

No contact orders are used to restrict contact between a domestic violence victim and their alleged abuser however, they can have consequences for those listed in the order. So, can someone charged with domestic violence vacate a no contact order?

Domestic Violence Charges in Florida

Domestic violence is a serious crime and can have a significant impact on every person involved. Punishment for domestic violence includes a minimum sentence of five days and maximum sentences of up to 15 years in prison. Additionally, depending on the case, the court may elect to order a no contact or protective order temporarily or on a permanent basis.

Once a protective order is in place, the accused cannot have contact with the alleged victims. In some cases, the court may release an order that includes limited contact, but in most cases these orders offer protection from the accused entirely. This means that the person named in the order cannot be on the same property, own firearms, or contact the protected persons.

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 Posted on August 26, 2022 in Criminal Defense

When an immigrant breaks the law, they could face criminal penalties and lose immigration status. Keep reading to learn more.

Immigration Enforcement

Department of Homeland Security

In general, immigration is under federal jurisdiction which means federal agencies like the U.S. Citizenship and Immigration Services are responsible for oversight of laws regarding the immigration system and granting immigration status. The Department of Homeland Security is responsible for protecting the United States from international threats from the borders or other nations. Within the Department of Homeland Security is Immigration and Customs Enforcement or ICE.

U.S. Immigration and Customs Enforcement

ICE is the law enforcement arm of the DHS border safety program. The agency is responsible for investigating threats and detaining suspected operatives on American soil. Additionally, ICE officers patrol the borders and partners with local law enforcement to protect communities near the border and the nation.

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 Posted on August 15, 2022 in White Collar Crimes

Government fraud involves illegal actions intended to divert funds from designated causes or programs. In Florida, fraud cases are handled carefully and punished severely, but government fraud like misuse of PPP loans, may also have federal consequences. Keep reading for more information.

What Is Government Fraud?

Government fraud is a term used to describe fraudulent activity associated with federal government contracting and fraud related to federally funded entitlement programs. These programs include public housing, agricultural programs, defense procurement, education, and more. In most cases, fraud is used to gain access or divert funding from the programs for personal gain.

PPP Loan Fraud

For example, in 2020 the government passed the CARES Act. The law provided more than $2 trillion in economic relief from the economic impact of the global COVID-19 pandemic. A part of this aid was allotted to forgivable loans for small businesses. These loans, called PPP loans after the Paycheck Protection Program, received an additional $321 billion in funding throughout the height of the pandemic.

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 Posted on June 30, 2022 in Civil Rights

The defense team for Parkland shooter Nikolas Cruz have asked for Judge Elizabeth Scherer to be discharged from the case. This is called recusal. So, what does it mean when a judge recuses themselves or the plaintiff files a motion to recuse?

Parkland, FL

Nikolas Cruz is on trial for the murder 17 students and staff and injuring 17 others in 2018. Police arrested Cruz after discovering that he fled the scene on foot and investigated claims that he displayed a pattern of troubled behavior. Investigators also used surveillance footage depicting Cruz and evidence including witness testimony and his automatic rifle.

After several years, Cruz's trial has finally begun, and his defense team is raising alarms about the impartiality of the judge and jury. The defense team has pointed out that considering recent shootings in Texas, it seems impossible for jurors to issue an impartial verdict for a school shooter case. Additionally, they have filed a formal motion to dismiss Judge Scherer from the case.

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 Posted on June 15, 2022 in Gun & Weapons Crimes

Florida has some of the most relaxed gun laws in the United States, and now that the United States Supreme Court has announced a right to carry for all with proper cause could potentially put limits on the state's freeform gun laws. Keep reading for more information.

Firearm Terminology

To understand gun laws, it is important to have a grasp on the various terms used to describe firearms and the restrictions on those who own them. Below are common terms used in gun legislation including Florida's gun laws.

• Concealed carry: Possession of a concealed or hidden firearm while in public
• Open carry: Possession of a firearm in public that is partially or fully visible
• Long guns: firearms with a long barrel designed to be held by both hands. This classification includes shot guns, rifles, submachine guns, and assault rifles (ARs)
• Caliber: The internal diameter or bore of a gun barrel
• Pistols: Small guns that may include derringers, revolvers, or other handguns with chambers that are integrated with the barrel

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