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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 Posted on June 08, 2020 in Violent Crimes

When it comes to domestic violence accusations in Florida, a police officer may arrest someone if there is probable cause that domestic violence (e.g. assault, battery, strangulation, or any crime involving physical injury or death of a family/household member). Although law enforcement officials will separately evaluate mutual accusations, they are required to arrest the "primary aggressor."

But the truth is that many domestic violence incidents result in both parties expressing regret over the entire ordeal. It is not uncommon for an alleged victim to ask the police or the prosecutor to drop the charges against the alleged aggressor.

However, the alleged victim isn't the one who presses charges. Rather, it is the State of Florida. This means even if the alleged victim wishes to drop the case, the state prosecutors ultimately have the authority to either pursue the case or not.

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 Posted on May 13, 2020 in Violent Crimes

Although assault and battery are considered one type of violent crime in many states, they are two different offenses in Florida. Assault is defined as the threat of imminent harm, while battery means making physical contact.

To be convicted of assault, the prosecution must prove that you intended to threaten the alleged victim using intimidating actions, words, or gestures and caused the victim to be afraid for their life. For a battery conviction, on the other hand, the State must demonstrate that you intentionally harmed the alleged victim and the physical contact was committed without the victim's consent.

The following are five common defenses to assault and battery in Florida:

1. Self-defense - If you reasonably believe it was necessary to harm another person to defend yourself against imminent use of unlawful non-deadly force, you will not be convicted of assault or battery. Additionally, there is no duty to retreat before exercising your self-defense right and anyone who unlawfully or forcefully enters or attempts to enter your home or vehicle is automatically considered doing so to intentionally commit a violent crime.

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 Posted on April 15, 2020 in Theft

Although there has been an increase in domestic violence calls in Florida since the COVID-19 pandemic arrived in the United States, there has also been an increased in felony crimes, including theft crimes such as grand theft.

According to the Dothan Eagle, Jackson County law enforcement officials arrested and charged a Houston County juvenile with grand theft, grand theft of a firearm, and armed burglary of a dwelling after burglarizing a building with a stolen gun and tried to steal a vehicle to escape the scene. ABC7 reported on April 1 that the Manatee County Sheriff's Office was looking for a person or group of individuals accused of grand theft and burglary removing five RV trailers in Bradenton and stealing contents inside those trailers.

The coronavirus outbreak has forced many businesses to close its doors until further notice, which has also led to many people losing their jobs. These frightening and uncertain times, mixed with unemployment and the stress of supporting the family, can result in desperation, causing people to commit theft in order to stock up on essential items and survive.

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 Posted on March 20, 2020 in Violent Crimes

Throughout Florida and across the United States, millions of Americans have started to quarantine themselves in their homes in hopes of hindering the spread of Coronavirus and flattening the curve of new cases each day. However, since people are now stuck in their homes 24 hours a day and seven days a week -- either because they were either mandated to work from home by their job or, unfortunately, laid off -- the National Domestic Violence Hotline and law enforcement officials in every state expect an increase of domestic violence incidents in the coming weeks or months.

In fact, several domestic violence reporting systems have experienced an increase in phone calls within the last week. Whether we are in the middle of a pandemic or not, unemployment, guns in the home, forced sex, and previous incidents of domestic violence often lead to domestic homicide.

According to Axios, when China instituted its quarantine mandate, the number of domestic violence cases reported to the police tripled in February in comparison to last year. Activists claim enforced lockdown led to the spike of such incidents.

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 Posted on March 20, 2020 in Criminal Defense

From work and school to concerts and sporting events, the Coronavirus outbreak has put a stop to many aspects of our daily lives. Federal, state, and local governments have issued mandates requiring most people to stay in their homes for at least two weeks in order to "flatten the curve" of new cases and deaths throughout the United States.

But what does that mean for people who are scheduled to appear in criminal courts? In Florida, many courthouses throughout the state have closed their doors for the time being.

On Tuesday, the Florida Supreme Court issued a statewide order, limiting how the court functions during the pandemic that will remain in effect until March 27. Chief Justice Charles Canady said that criminal and civil jury trials, grand jury proceedings, and jury selection proceedings have all been suspended.

On the same day, Miami-Dade County Courthouse shut down court facilities until March 27 as well. Staff members will work from until during this period.

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 Posted on December 26, 2019 in White Collar Crimes

If you are convicted of Internet solicitation in Florida, you may be sentenced to prison. However, under certain circumstances, a defendant in a Miami sex crime case may be sentenced to sex offender probation. There are specific rules that must be followed when the court imposes a sentence in connection with sex offender probation. In a recent Florida case, the court considered whether the lower court must orally pronounce every term of sex offender probation set forth under Florida Statute section 948.30 in situations in which there isn't a conviction of an offense specified under the statute. The defendant had been charged under Florida Statute section 847.0135(3) with two counts of lewd computer solicitation of a child. He was also charged with traveling to meet a minor for illegal sexual activity.

He pled no contest and asked the court to depart downward when sentencing. Specifically, he hoped not to be sentenced to prison. Instead, he hoped to be put on sex offender probation with house arrest.

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 Posted on October 16, 2019 in Civil Rights

Under the Florida Constitution, somebody arrested for a crime has the right to pretrial release on reasonable conditions like a bond, subject to specific exceptions under Article I, section 14. There is an exception that may apply if you're charged with a capital or life offense, ones that can be punished by life imprisonment or capital punishment, and the prosecutor is able to show that the proof of guilt is evident or that the presumption is great. If you're held under this exception, you are supposed to receive an adversarial, evidentiary bond hearing known as an Arthur hearing that looks at the prosecutor's proof to decide whether it rises to that level of proof, which is a standard stronger than the beyond a reasonable doubt standard. If you have been arrested for a crime, having a knowledgeable Miami criminal defense attorney review your case is crucial. In a recent Florida appellate case related to rights under Article I, section 14, the defendant, confined in Miami-Dade County jail, petitioned for a writ of habeas corpus.

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 Posted on October 16, 2019 in Civil Rights

If you're arrested, you're supposed to be taken before a judicial officer within 24 hours of arrest for a first appearance. Florida Rule of Criminal Procedure 3.131(b) requires the court at a first appearance to decide pretrial release conditions for eligible defendants, except where the State has moved for pretrial detention.

In a recent Broward County criminal appeal involving consolidated proceedings, the petitioners argued that pretrial detention without bond was not appropriate. The defendants were charged with felonies punishable by life. At their first appearance, the court found there was probable cause to believe they'd committed the crimes with which they were charged. It refused to set bond without first deciding whether a probable cause affidavit established proof of guilt was clear or the presumption was great. The petitioners argued the refusal to set bond or make requisite findings violated Florida Constitution Article I, section 14.

In order to hold a defendant without bond before an Arthur hearing, a first appearance judge needs to find that the probable cause affidavit shows proof of guilt is evident or the presumption is great. The appellate court explained that at a first appearance, the court needed to make a finding of whether the probable cause affidavit or something else shown to the court established proof of guilt was clear or the presumption great as grounds to deny pretrial release without bond. When this very tough standard is met, and the court decides not to set bond, the defendant can later ask that the bond be set aside and ask for a full Arthur hearing. At a full Arthur hearing, a defendant can put forward evidence and ask the court to use its discretion to set bond.

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