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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 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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