Posted on May 01, 2023 in Sex Crimes

While technology has undoubtedly made our lives more convenient, it has also introduced new legal issues and challenges. One such issue is sexting, which has become increasingly common among teenagers. In Florida, sexting can lead to serious legal consequences, including criminal charges. This comprehensive guide will help you understand the complexities of sexting laws in Florida, as well as the potential consequences and defenses available to you.

Understanding Florida's Sexting Laws

In 2011, Florida enacted Florida Statute 847.0141, which specifically addresses sexting. Under this law, it is illegal for a minor (someone under 18) to knowingly send, receive, or possess a sexually explicit image of another minor. It is important to note that this law applies even if the two minors involved are in a consensual relationship.

Potential Consequences of Sexting in Florida

The consequences of sexting in Florida can be severe, especially for minors. Here are some potential outcomes if you are caught sexting:

Continue Reading ››

 Posted on May 01, 2023 in Criminal Defense

Texting while driving is a dangerous and potentially life-threatening behavior that has become a significant concern for law enforcement and public safety advocates. In Florida, texting while driving is considered a primary offense, meaning an officer can pull you over and issue a ticket for this violation alone. This article will explore the laws surrounding texting while driving in Florida, the penalties associated with this offense, and effective strategies to avoid these consequences and promote safe driving habits. By understanding and adhering to these regulations, you can protect yourself and others on the road.

Understanding Florida's Texting While Driving Laws

Florida Statute § 316.305, also known as the Florida Ban on Texting While Driving Law, prohibits using wireless communication devices to manually type or enter multiple letters, numbers, symbols, or other characters into a device or send or read data on a device for non-voice interpersonal communication. This includes texting, emailing, and instant messaging.

Continue Reading ››

 Posted on April 28, 2023 in Juvenile Criminal Defense

As a parent, discovering that your child has been accused of a crime can be an overwhelming and frightening experience. You may be unsure of how to proceed, what rights your child has, and how to best protect their future. In this comprehensive guide, we will explore the various aspects of the juvenile justice system and provide you with the information you need to navigate this challenging process.

Understanding the Differences Between Juvenile and Adult Criminal Systems

One of the first things to understand is that the juvenile justice system is separate from the adult criminal system. While the adult system focuses on punishment, the juvenile system is designed to rehabilitate and educate young offenders. Some key differences include:

• Age: Juvenile courts typically handle cases involving individuals under the age of 18, although this can vary by state.

Continue Reading ››

 Posted on April 28, 2023 in Drug Crimes

Being charged with a drug-related offense can be a daunting and confusing experience. However, it's crucial to remember that you have legal rights and options when it comes to defending yourself in court. This blog post will outline five key defense strategies that can be employed to fight drug charges and potentially reduce or dismiss the charges against you. Remember, every case is unique, and it's essential to consult with an experienced criminal defense attorney, like The Hoffman Firm, to determine the best course of action for your specific situation.

1. Challenging the Legality of the Search and Seizure

One of the most common defense strategies in drug cases is to challenge the legality of the search and seizure conducted by law enforcement. According to the Fourth Amendment of the U.S. Constitution, you have the right to be protected from unreasonable searches and seizures. If the police conducted an illegal search or seizure, any evidence obtained during that process may be deemed inadmissible in court.

Continue Reading ››

 Posted on March 27, 2023 in Criminal Defense

If you are arrested on an extradition warrant, it can be a frightening experience, especially because the legal process that follows can be incredibly complex and difficult to follow. After an extradition-related arrest, you will be detained in a local jail as you wait to hear if you will be transported back to the state or country that issued the warrant. What follows the initial arrest will depend on whether you have legal representation and the origins of your extradition orders.

You've Been Arrested on an Extradition Warrant; Now What?

Let's start at the beginning. What is an extradition order? An extradition order is a special warrant issued by a judge to a different state or country requesting an individual be returned to the jurisdiction where charges have been filed to face prosecution. If an individual is detained on an extradition warrant in Miami, after arrest and booking, they would eventually be extradited to the jurisdiction where the charges were filed. The timeline between arrest and extradition depends on factors such as the complexity of the case and the distance between Miami and the jurisdiction where the charges were filed. So, if you are caught in Miami on an extradition warrant, be prepared to wait until the authorities from the charging jurisdiction arrive to take you into their custody or your attorney takes other legal action in your case. In certain situations, a person facing charges in another state can avoid interstate extradition by taking legal action to dismiss the charges. This can be done by hiring an attorney who specializes in this field.

Continue Reading ››

 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.

Continue Reading ››

 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).

Continue Reading ››

 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.

Continue Reading ››

 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

Continue Reading ››

 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.

Continue Reading ››