Posted on January 18, 2021 in Civil Rights

Rule 3.130 covers the first appearance in a criminal case. This step in the criminal procedure is where the defendant is served with the charges that have been against them. First appearances take place in front of a judge who determines bail and sentencing. This step can seem insignificant compared to other aspects of the case, but what happens at a first appearance can affect the rest of the criminal proceedings, so it's important to take it seriously.

Counsel

When you are formally charged, you are entitled to an attorney. The magistrate, or judge, will decide to give you a counselor if you can't afford an attorney. More often than not, the counselor is a public defender. You have to agree to have a counselor before the court can give you one.

Legal counsel can make or break the case. Because first appearances involve an initial reading of the charges against you, charge-specific public defenders may not be qualified to defend you if other charges are added to your case. Without proper defense, you may receive a sentence that could have been minimized or adjusted by a more qualified attorney.

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 Posted on January 04, 2021 in Gun & Weapons Crimes

If you are in the business of buying and selling guns with the purpose of making a profit, you are required to be licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), according to the federal Gun Control Act (GCA). The ATF helps facilitate a number of actions, such as keeping firearms out of the hands of prohibited individuals (e.g., felons, those who were involuntarily institutionalized, and unlawful immigrants) by running background checks on potential buyers, keeping records of transactions to trace guns involved in criminal activity, and ensuring sellers provide safe and secure gun storage and safety features.

Not only is a license required to conduct business at brick-and-mortar store or a temporary location like a gun event or show, but it is also required for online sales as well. Additionally, if you consistently hold gun auctions that are first cosigned to you for sale, and you have every intention to make a profit from those sales, you need a license.

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 Posted on December 28, 2020 in Drug Crimes

Not only are federal drug crimes such as drug smuggling or drug trafficking are punishable by harsh sentences in federal prison, but they also carry mandatory minimum prison terms - unlike state drug crimes. High-volume trafficking of eight substances - which are classified as either Schedule I or II narcotics - result in the most severe penalties.

The eight substances include:

• Heroin
• Powder cocaine
• Cocaine base (also known as crack)
• Fentanyl
• Methamphetamine
• LSD
• PCP
• Marijuana

Each substance carries a specific set of mandatory minimum sentences for trafficking. There are two thresholds for mandatory minimums based on various amounts.

The higher set of amounts features the following thresholds:

• Heroin - One (1) kg
• Powder cocaine - Five (5) kg

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 Posted on November 30, 2020 in Criminal Defense

If you are facing criminal charges and you believe obtaining a not-guilty verdict is out of the question, you may be wondering if you should even attempt to defend yourself or hire a criminal defense attorney. The short answer is a resounding "yes!"

The U.S. criminal justice system presumes every defendant is "innocent until proven guilty," meaning the prosecution's job is to prove that you are guilty by proof "beyond a reasonable doubt," which is a high standard. By contrast, the job of a criminal defense lawyer is to protect the rights of the defendant throughout the case and ensure he/she has a fair trial - rather than prove a client's innocence.

If you are thinking about pleading guilty at your arraignment, which is the first court hearing, the prosecutor may not have conducted a thorough investigation into your case. Therefore, you may lose an opportunity for the prosecution to offer you a favorable plea agreement. Likewise, your criminal defense attorney may not have a comprehensive understanding of the facts and circumstances surrounding your case to determine if you should go to trial or accept the plea agreement.

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 Posted on November 23, 2020 in DUI

The holiday season is associated with cheer and joy, from Thanksgiving and Christmas to New Year's Day. However, these celebrations are often associated with alcohol consumption, which has resulted in significant rise in drunk driving accidents during this time of year.

In response to these staggering statistics, police departments throughout each state increase the number of officers patrolling the neighborhoods and roads and set up DUI checkpoints to arrest suspected drunk drivers and keep people safe. So, if you decide to have a few drinks while you are at a festive gathering away from your home, you must think twice before getting behind the wheel because the chances of getting a DUI drastically rises during the fall/winter months.

Avoid getting arrested for a DUI over the holidays by following these tips:

• Use a rideshare service to travel - Uber and Lyft have become popular modes of transportation in recent years, whether you need a ride home after a night out or a ride to the airport in the morning. If you plan on drinking at an event, do not risk getting behind the wheel and simply request a ride from your phone.

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 Posted on November 02, 2020 in Criminal Defense

In response to the Marjory Stoneman Douglas High School shooting in Parkland, FL, state lawmakers passed a SB 7063 that allows the police to seize firearms, ammunition, and other weapons from someone who is considered a "high risk" of harming themselves or others. Although this gun-control bill is intended to reduce the possibility of future shootings, it also has serious unintentional repercussions for law-abiding firearm owners.

The following are the most frequently asked questions about Florida Statute 790.401 or "risk protection orders" (RPO).

What is a Risk Protection Order?

A risk protection order is a court order that enables a person - known as the respondent - to surrender his/her firearms to law enforcement officials. Additionally, the respondent must forfeit their license to carry a concealed weapon.

Who Can File a Risk Protection Order?

Only police officers and law enforcement departments can file petitions for RPOs in Florida. Yet, if a person believes someone poses a risk by having access to firearms, he/she can contact the police and make a request to file a petition.

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 Posted on September 15, 2020 in White Collar Crimes

Fraud is a type of white collar crime involving a scheme to deceive a person or entity for financial gain or cause harm.

In order to convict someone of fraud, the prosecution must prove that the defendant intentionally defrauded or misrepresented certain facts to another party, which resulted in some form of harm. Common types of fraud include credit card fraud, mail fraud, wire fraud, insurance fraud, mortgage fraud, and even identity theft.

Unfortunately, fraud is both a state and federal offense in Florida, which means a conviction can result in serious criminal penalties, including a lengthy sentence in federal prison. However, there are several potential defenses that a defendant - and their criminal defense attorney - can use to avoid conviction.

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 Posted on August 19, 2020 in Criminal Defense

From arrests to courtrooms, the COVID-19 pandemic has significantly impacted the Florida criminal justice system. Miami-Dade County and other courts throughout Florida have immensely reduced the amount of cases they hear, and jail and prison system has limited the number of new inmates they acquire.

But what about arrest warrants? For the most part, law enforcement officials and the courts handle this issue on a case-by-case basis.

Keep in mind, the prosecutors in Miami-Dade County Court continue to work out agreements to release individuals facing misdemeanor or nonviolent felony charges since jails must have fewer inmates to enforce social-distancing practices and provide effective infection control. In other words, people accused of low-level crimes are being released on their own recognizance to wait for their pending court hearing or placed on house arrest until trial.

So, for active warrants related to low-level crimes, the police are prioritizing investigative efforts primarily on serious felonies or significant violations of the Florida safer-at-home order. For instance, if a business continuously violates the safer-at-home order - even after repeated warnings by law enforcement and education - the owner or management can face unlawful assembly charges and accused of violating a public health emergency order.

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 Posted on July 27, 2020 in Civil Rights

Record sealing or expungement is a legal process that involves restricting access or destroying a person's criminal record. So, if your record is sealed, the public (e.g. potential employers and landlords) cannot see your criminal history.

Having your record sealed in Florida depends on if you were either convicted or not convicted of the underlying crime. If you were charged but not convicted, you qualify for record sealing if you never had a criminal record sealed or expunged before (whether in Florida or in another state), nor a pending petition for either record sealing or expungement. However, there are certain offenses, such as domestic battery, which are not eligible for record sealing - even if you were not eventually convicted.

By contrast, if you were found guilty or pleaded no contest, you cannot have your record sealed or expunged if the underlying charge is a DUI or felony offense. However, you may be eligible for record sealing if you were convicted of a misdemeanor offense, unless it is an assault, battery, unlawful weapons charge, or petit theft charge.

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 Posted on June 12, 2020 in Civil Rights

According to Florida law, a felony conviction not only results in prison time, fines, and other criminal penalties, but it also leads to the revocation of a person's civil rights, such as the right to vote, own or possess a gun, serve on a jury, or hold public office. These rights are essential to participate in our democracy and protect your home and property from intruders.

After completing all sentences and fulfilling all conditions, including paying fines and restitution, a convicted felon may apply for Restoration of Civil Rights through the Office of Executive Clemency. There are two types of Restoration of Civil Rights cases: those involving hearings and those without hearings.

Hearings are required for felons who were convicted of serious offenses. These individuals must wait seven years after completing all sentences and court-mandated conditions. Furthermore, felons must submit certain court documents for each of their felony cases.

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