Posted on April 29, 2022 in White Collar Crimes

Fraud is often a misunderstood criminal charge, but a new Netflix documentary is shedding light on the reality of fraud and the criminal process for offenders. Keep reading to find out more about fraud, media, and faux socialite, Anna Delvey.

Socialite

The 2000s showcased the rise and fall of the nouveau riche. Celebrities like Paris Hilton and the Kardashians regularly made headlines and pop culture was for the young and wealthy. However, a parallel shift away from these flashy celebrities was beginning to gain traction.

By the 2010s, new money was out of style and the old money aesthetic was in. As a result, generational wealth won out and socialites from long lines of financiers and businessmen began to take over the public's attention. This shift would be led by a young woman named Anna Sorokin.

Known better by her alias, Anna Delvey, the soon to be infamous fraudster was born to conservative Russian parents and grew up in Germany. She was destined to be a standout from the start and worked to leave her small beginnings behind to pursue a career in fashion. By her late teens, Anna had moved to Paris to go to university and a few years later, she had secured an entry level writing job at Purple, a French fashion magazine.

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 Posted on January 27, 2022 in DUI

Many Floridians drive every day, whether it's commuting to work or going to a social event. Unfortunately, some people get pulled over for driving under the influence, even if they believed they were sober enough to drive. In these situations, an arrest may take place, and there will be a legal process that follows. Understanding the process and how to conduct yourself during it may prevent you from accidentally incriminating yourself.

The Arrest

When your vehicle is approached by a police officer, you should do your best to comply with their requests but be careful with what you say. Offer them your license, registration, and insurance. Remember that your right to an attorney begins at this point.

The officer may ask you to submit to a breathalyzer test or a field sobriety test. These tests do not always provide accurate results. It is important to know that you can refuse these tests. However, if you choose to do so, your license will be suspended. If you submit to the tests and the officer has reason to believe you have been driving while intoxicated, they will arrest you.

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 Posted on November 30, 2021 in Drug Crimes

In Florida, a person can be charged with drug possession even if they don't have drugs with them. This is called constructive possession. Keep reading for more information.

Florida Drug Laws

To understand constructive possession, it's important to have an understanding of how drug charges are prosecuted. Florida has some of the strictest drug laws in the country, and drug-related crimes account for most arrests.

According to the law, these crimes are divided up into schedules which are classifications of substances that determine the severity of punishment.

• Schedule I: Includes substances with high potential for addiction and abuse with no medical applications. Examples: heroin, lysergic acid diethylamide (LSD), cannabis (marijuana), and 3,4 Methylenedioxymethamphetamine (MDMA or ecstasy)
• Schedule II: Includes substances with high potential for abuse with restricted use for medical treatment. Examples: cocaine, opium, and hydrocodone

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 Posted on October 15, 2021 in Civil Rights

Before being arrested or indicted for a federal crime, the first stage of the legal process in federal court is a criminal investigation. If federal authorities are notified of a credible, alleged offense - whether by the alleged victim, witness, or a third party - the government will launch an investigation into the matter to determine if a federal crime was committed and by whom.

The following are the main federal agencies tasked to investigate federal offenses:

• Federal Bureau of Investigation (FBI)

• Drug Enforcement Administration (DEA)

• Bureau of Alcohol, Tobacco, and Firearms (ATF)

• Internal Revenue Service (IRS)

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 Posted on July 08, 2021 in Criminal Defense

Violating probation is easier than you might think, and it can get you into a sticky situation. To understand how a probation warrant may affect you, let's examine warrants in Florida and how Miami police enforce probation.

Florida Warrants

Most people think of a warrant as a piece of paper that allows law enforcement to search someone's property or arrest them. However, warrants do far more than that, and they aren't just for search and arrests.

In fact, there are many kinds of warrants that fit specific situations, and not only are these warrants effective, they are more than a piece of paper. In general, a warrant is a writ - a formal written order - from a judge. However, warrants aren't just circulated within the local police force- they can be shared across law enforcement agencies and state lines, and they don't expire. That means that even if you commit a crime in Los Angeles and flee to Miami, the California arrest warrant will be shared with Florida police.

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 Posted on June 24, 2021 in Criminal Defense

It's vacation season, and while it's tempting to let loose and make the most of your time off, law enforcement is prepared to arrest those who party too hard this summer. Keep reading to find out what happens if you're arrested on vacation.

Jurisdiction

Law enforcement operates in "jurisdictions." A jurisdiction is a geographical area where local police and prosecutors can operate; Florida state police have jurisdiction within the state's borders, and Miami police work within the city.

So, if a crime takes place in another state, it's outside of Florida's jurisdiction. For example, a visitor gets involved in a drunken brawl at a local Miami bar. The vacationer would be charged with assault and battery in Florida instead of their home state.

However, some crimes can fall under another jurisdiction even if the defendant never steps foot into the state. For example, child endangerment charges can apply to someone out-of-state as long as the child lives within their jurisdiction.

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 Posted on April 21, 2021 in Criminal Defense

Mistakes happen, but if you don't show up to your appointed court date, you could face serious consequences. So, what happens when you don't show up in court for a criminal charge?

Bench and Probation Warrants in Florida

Sometimes, the details of your court date might be miscommunicated, or an accident prevents you from showing up on time. Whether the court date is for a misdemeanor, minor violation, or a felony, the penalties for failing to show up are serious. In addition to court appointments and hearings, if you violate the terms of your probation or fail to appear in a regulatory hearing, you will face the consequences.

If you don't appear before the court, the judge may issue a bench warrant or probation warrant to arrest you for failure to appear in court. Your absence may also be in contempt of court if the judge believes you skipped on purpose.

What is Contempt of Court?

Essentially, contempt of court refers to disobeying a court order. In federal courts, the Federal Rules of Civil Procedure state that any party who fails to perform a specific action can be charged with contempt. There are two types of contempt the court may charge you with: indirect and direct contempt.

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 Posted on March 22, 2021 in Gun & Weapons Crimes

Gun charges are serious, and you may not be familiar with the technicalities of Florida's weapons laws. We're here to break it down for you and ensure that you don't unknowingly find yourself in violation of the law.

Gun Law: What You Should Know

Federal and state laws give you the right to bear arms, but there are limits to how and when you can use them.

In Florida, there are three categories of gun crimes:

1. Possession or the threat of use of a weapon or firearm during a felony offense
2. Firing of a weapon or firearm during a felony offense
3. Possession or discharge of a semi-automatic firearm or machine gun

In each of these categories, using a gun is not necessary to commit a crime. For example, possession and/or threatening to use a weapon during a robbery is not an essential part of most theft crimes. However, gun possession during a felony can elevate a sentence and increase the severity of punishment for gun charges.

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 Posted on March 19, 2021 in DUI

St. Patrick's Day is a time to celebrate… Ireland? Green? Leprechauns? Regardless of your reason for celebrating, a staple of the festivities will likely be alcohol. Drinking during St. Patty's Day is a time-honored tradition, and no one knows that better than law enforcement. Read on to find out what to do if you are stopped at a checkpoint this holiday weekend.

Police Checkpoints: The Basics

The point of a checkpoint is to further enforce police efforts to catch drunk drivers. Generally, cars go through the checkpoint one at a time, and the officer will ask whether you've been drinking. If you say "no," and they have no reason to suspect that you're under the influence, you are free to go. However, if you answer "yes," law enforcement will ask you to take a breathalyzer test or field sobriety tests to evaluate your physical state. Once the officer has sufficient evidence that you are under the influence, they can proceed with an arrest.

What Are My Rights at a DUI Checkpoint?

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 Posted on February 08, 2021 in Civil Rights

Being convicted of a felony is damaging. There is so much lost, and life has changed forever. Going to prison is bad enough, but then the stain of your conviction follows you around, affecting everything else.

One major impact of a felony conviction is the long-term loss of freedoms. You've already paid your debt to society, but now there are ways that you cannot participate in that society. It's not fair, and there are many organizations across the country fighting against these prohibitions. If you've been convicted of a felony in Florida, here are some rights you can expect to lose.

Your Freedom

Obviously, the most immediate consequence of a felony is losing your freedom. Imprisoned, you can no longer go where you want or do what you please. Your days become rigidly scheduled. Other people tell you when to get up; when it's time for bed; when it's time to eat; what you're going to eat; and much more. If you or someone you love has been charged with a felony, you need to talk to a lawyer immediately. You will want someone in your corner, fighting for basic, everyday freedoms.

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