Miami Criminal Defense Attorney Blog

Paris Hilton has been arrested and charged with possession of cocaine. Surprised? This case is important if for nothing else than to highlight a very common criminal charge, possession of cocaine. In Miami, possession of cocaine is a third degree felony punishable by up to five (5) years in prison.

Just because the maximum punishment is five years, it is very unlikely that you would be sentenced to the max. For instance, in Miami (which is in the Eleventh Judicial Circuit of Florida) a first time drug offender will likely be offered entry into a drug court program by the prosecutor handling the case. A drug court program requires a defendant to go through a number of drug classes and to take random drug tests. If the program is successfully completed, the case against you will be dropped by the State. In the alternative, a first time offender may also be offered a plea of a withhold of adjudication (a non conviction), court costs, and one day of probation.

Never accept a plea on your own. Seek the advice of a criminal defense attorney (like me), in the end, you'll be glad that you did. A criminal lawyer will be able to analyze your case and tell you whether there may be grounds to get the case against you dismissed. For example, perhaps Paris Hilton's cocaine was seized as the result of an illegal search. If this is the case, her lawyer will likely be able to get the evidence suppressed and ultimately, the case dismissed.

Singer Faith Evans was arrested for DUI over the weekend. It seems as though each week we read about another celebrity being arrested for this or for that. Unfortunately, this isn't Faith's first run in with the law. In 2004, she was arrested for possession of marijuana and possession of cocaine. In Miami, a first DUI is a misdemeanor offense punishable by up to 6 months in jail, possession of cocaine is a third degree felony punishable by up to 5 years in prison.

One question I'm asked all the time, is whether or not to give a breath sample. In South Florida, after the initial traffic stop, most DUI investigations begin with the officer asking the suspect to perform a number of field sobriety exercises. These exercises often consist of the horizontal gaze nystagmus (HGN) test, walk and turn, Romberg balance test, and one legged stand. After the dog and pony show is over, the defendant will be taken (in handcuffs) back to the station and asked to give a breath sample. In Florida, if you look on your drivers license, you'll see that it says "operation of a motor vehicle constitutes consent to any sobriety test required by law." You can certainly refuse to blow into the breathalyzer machine, but if you do, your license will be suspended for 12 months for a first refusal, or 18 months if it's a second subsequent refusal. You'll be told all of this at the station, in what's called the implied consent warning. The choice is ultimately yours.

The prosecution needs evidence to prove their case beyond a reasonable doubt. The less evidence, the less likely they'll be able to convict. However, in the case of a DUI breath test refusal, the prosecution will argue consciousness of guilt. That is to say, the prosecution will argue that the reason for the refusal was because the defendant knew he was guilty. On the contrary, the defense will be arguing lack of evidence. I don't know what the facts of the Faith Evans case are, but I have a feeling she'll be hiring a competent lawyer well versed in the various DUI defenses. Faith - if you're reading this, although I only practice in South Florida, feel free to give me a call to schmooze about your case.

Whether you're a celebrity or not, If you've been arrested for DUI in Miami, Florida, contact a local criminal defense attorney immediately.

Singer Faith Evans arrested on suspicion of drunk driving - Los Angeles Times

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This story is amazing and yet unsurprising. Two versions of a story - the police vs. the defendant. A Miami-Dade school teacher was pulled over on August 4, 2010 when police observed her driving erratically. But what started off as a typical DUI investigation resulted in a slew of charges including DUI, battery on a law enforcement officer, and resisting arrest with violence.

The standard DUI is charged as misdemeanor offense. A first DUI conviction can result in up to 6 months in jail, probation, a hefty fine, a drivers license suspension, community services hours, courts costs, a mandatory alcohol class. Long list isn't it? Add felony battery on a law enforcement officer (LEO) - which is a third degree felony - and the potential jail time jumps to 5 years.

The facts in this case are a bit egregious. The cops are alleging that the defendant used racial slurs, kicked an officer in the groin, etc. However, what's typical in a battery on a leo case, is that the defendant was the one truly battered. Defendants often come out of these altercations looking as though they have been the victim of a violent crime. Although the police have been known to occasionally step out of line, it's important to remember (as corny as this may sound) that they too have feelings. All too often, a defendant just makes the situation worse by being rude and aggressive toward an officer. If you are pulled over for DUI, and you feel that you're in danger of being arrested, don't make the situation any worse then it already is. Be polite!

The only ones that truly know what happened in this case are the officers and the defendant (so long as she wasn't too drunk to remember). What I do know, is that if you have been arrested for any crime, the wisest decision you can make (other than being polite), is to contact a criminal defense attorney ASAP.

Miami-Dade teacher jailed in DUI case won't be returning to class - Miami Herald

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One of my favorite NBA players, Udonis Haslem, has been arrested for possession of marijuana. According to the articles that I've read, Haslem was pulled over by Florida Highway Patrol (FHP) for speeding and for a window tint violation. When the trooper approached the car, he smelled marijuana, and what was originally a routine traffic stop turned into a drug investigation. According to TMZ.com, the car was searched three times, and only on the third search was marijuana found.

Anytime an individual is stopped in their car, I like to explore the legality of that stop. Here, the FHP pulled Haslem over for speeding, and for a window tint violation. According to Florida law, one is only allowed to have their windows tinted to a certain degree. Anything too dark is against the law (a non moving traffic infraction). In order for an officer to conduct a traffic stop, there needs to be either probable cause that a traffic infraction has taken place, or reasonable suspicion that a crime is taking place. Here, if the trooper was able to look at the vehicle and determine that there was probable cause that the windows were too dark, the stop was legal. But barring the revelation of any additional evidence during the stop, if the initial stop was simply for a traffic infraction, the stop may last only as long as it takes to write up a ticket. An officer may not make a traffic stop and then call for a K9 to sniff the car if he simply thinks the driver and passengers look suspicious.

Here though, the trooper is claiming that once he approached Haslem's car, he smelled an odor of marijuana from within the vehicle. These facts are typical, I've seen the exact same words written in countless arrest affidavits. If an officer approaches a vehicle and smells marijuana, the stop becomes a criminal investigation, and the officer may conduct a search of the car. Still, if I was Haslem's lawyer, I would explore the length of the stop and extent of the search. If it can be shown that the search was illegal, the evidence in this case will get suppressed. If the reports that less than 20 grams of marijuana were found are true, Haslem will only be charged with misdemeanor possession of marijuana. However, anything over 20 grams is a felony, which is punishable by a maximum of five years in prison.

Continue reading "Miami Heat Player Arrested for Possession of Marijuana" »

Choosing a criminal defense attorney is a difficult task. I'm sure there are a number of questions going through the mind of someone searching for a criminal defense lawyer. How much experience does this lawyer have, how hard working is he, has he handled cases like mine before? But have you also considered the likability factor?

Some would have you believe that you need a real tough guy to get the job done. Being tough is great, but ask yourself whether or not you actually like the person sitting across the desk. If you don't, chances are neither will the prosecutor or judge. I'm not trying to overstate the importance of being nice. In all likelihood, your case will not be determined by whether the prosecutor or judge likes your lawyer. But, being nice certainly makes things easier. Nobody wants to bend over backwards to help out a mean guy.

Look for a criminal defense attorney that is knowledgeable, articulate, and experienced. But while you're at it, why not also look for an attorney that you actually like? Having a nice guy on your side can only help.

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A flight attendant was pushed just a little too far. After being verbally abused by a passenger, the flight attendant cursed out the passengers over the p.a., grabbed some beer, activated the emergency chute, slid down and made a run for it. He was apprehended later in the day at his home. Apparently, the flight attendant is being charged with a multitude of offenses, including criminal mischief.

Under Florida law, criminal mischief is usually charged as a misdemeanor offense for causing less than $1000 worth of damage to property. If the damage is $1000 or greater, it is a third degree felony.

This story was too good not to comment on. If you're ever on a plane and see a flight attendant about to freak out, I highly recommend you caution him that by causing damage to the plane he may be subject to prosecution for criminal mischief. Still no word on whether the flight attendant will be charged with petit theft for stealing the beer.

If you're facing criminal mischief or any misdemeanor or felony charges, contact a Miami criminal defense attorney to protect your rights.

Airline Steward at JFK Pulls Emergency Chute, Flies Coop - NBC New York

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Police in Georgia stopped a Miami man for what they thought was a routine traffic infraction. As it turned out, this was no ordinary traffic stop. The suspect just happened to have 40,000 ecstasy pills in his possession!

In Florida, anyone in possession of more than 10 grams of ecstasy can be charged with drug trafficking and will be subject to a minimum mandatory sentence of at least 3 years in prison if convicted. In this case, the total weight was somewhere around 12 pounds. In Miami, the punishment if convicted for trafficking in such a large quantity of ecstasy would be at least 15 years in prison.

As a Miami criminal defense attorney, in a case where the defendant was stopped while driving his car, the first thing I'd want to explore is whether there are any potential grounds to suppress the evidence. The police cannot just pull someone over without good cause. In order for the police to make a legal traffic stop, they must either have probable cause that a traffic infraction has taken place, or have reasonable suspicion that a crime is taking place. If the court finds that a stop was made without one of these two legal reasons, the evidence will be suppressed, and the case likely dismissed.

The first thing someone arrested for drug trafficking should do is contact a criminal defense attorney. These cases are very complex, and it is important to have an attorney fighting for you well before the arraignment date.

Miami Man Nabbed with 40,000 Ecstasy Pills in GA - NBC Miami

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While driving their truck through Fairfax, Virginia, two Miami men were pulled over for an equipment violation. However, the police ended up finding 115 pounds of marijuana in the truck's trailer. The men ended up being charged with possession with intent to distribute marijuana.

The cynics among us may think that the initial stop was simply a pretext for a narcotics investigation, and you may be right. However, the Supreme Court in Whren v. United States held that regardless of his subjective intent, as long as the officer has probable cause that a traffic infraction has taken place, a stop may be made.

Once a stop for a traffic infraction has been made, the officer may hold the defendant for as long as it normally takes to write a citation, but these type of stops often last much longer. Typically, in drug cases, once a legal traffic stop has been made, an officer will often find other evidence (such as the smell of marijuana or even drugs in plain view) suggesting a crime is taking place. Once the officer has reasonable suspicion that criminal activity is afoot, what was initially a short traffic stop, now becomes a drug investigation.

In the present case, as long as the officer had either probable cause that a traffic infraction had occurred, or a reasonable suspicion that a crime was taking place, the stop of the defendant's car was legal. In Miami, possession of 115 pounds of marijuana is classified as drug trafficking, which is a first degree felony punishable by a minimum mandatory sentence of three years in prison if convicted. For more information about minimum mandatory sentences, read my blog post titled, Miami Marijuana Grow House Found by Officer Going Door to Door.

Don't play around with your freedom. Any criminal matter, especially a serious one such as drug trafficking, deserves the attention of a qualified Miami criminal defense lawyer. The earlier an attorney is hired, the better for your case.

Continue reading "Miami Man Charged With Possession With Intent To Distribute Marijuana" »

Enjoy driving? If so, try and avoid a drug conviction at all costs. If you are convicted of a drug offense your driving privileges will be subject to a two year suspension. Drive while your license is suspended, and you're facing even more trouble.

A license suspension does not just occur for conviction of felony possession charges, but misdemeanor convictions as well. Under Florida law, possession of 20 grams or less of marijuana is a misdemeanor, while possession of more than 20 grams is a felony.

Don't go ahead and sell your car right away though. If this is your first arrest for misdemeanor possession of marijuana, there is a good chance a qualified Miami criminal defense attorney will be able to convince the State to allow you to enroll in a pre-trial diversion program. Upon successful completion of the program, the charges against you will be dropped. But even if this isn't your first arrest for a drug crime, a well prepared and diligent lawyer will work hard towards favorable resolution of your case.

In the words of Sara Palin, you betcha. Drinking in public is neither classified as a a felony or as a misdemeanor, but as a municipal ordinance violation. According to Section 70-87 of the Miami Beach Code, it is unlawful for a person to consume or possess an open container of alcohol in any public place. Any person convicted of an open container violation can be punished by a fine of up to $50.00 or by up to ten days in jail.

JAIL??? It sounds crazy doesn't it? Why would the city pass an ordinance allowing jail for drinking a beer on the beach? According to the Supreme Court of Florida, when a person is charged with conduct that is noncriminal, a full custodial arrest is unreasonable. And, the Florida Third District Court of Appeals held in Beles v. State, that so long as an ordinance does not provide for jail time, a full custodial arrest is improper. The Miami Beach open container ordinance provides for jail time, and so according to the cases cited, it seems the police would be able to arrest someone for simply drinking a beer in public.

The only reasonable explanation as to why a police officer would arrest someone for drinking in public is that the cop is hoping to find evidence of a more severe crime. When an individual is arrested for a crime, the police are allowed to conduct a search of the arrestee incident to arrest. From the officers perspective, he's hoping drugs or some other contraband may show up during this search, enabling him to charge for a much more serious offense than drinking in public.

If you have been searched by a cop, contact a Miami criminal lawyer immediately to start investigating your case.

A drifter has been arrested in Miami Beach, charged with one count of child abuse without great bodily harm. Allegedly, while at a Publix in Surfisde, Florida, the accused was upset that a little girl was crying. Unable to control his rage, the defendant put his hand on the girls mouth, trying to quiet her. The mother of the girl called Surfside police and provided a description of the suspect, and 10 days later, he was arrested in Miami Beach.

Child abuse is a serious crime, and it is taken very seriously by the Miami-Dade State Attorney's Office. However, as with other crimes, the potential punishment will vary based on the degree the defendant is charged with. In the instant case, the defendant is charged with child abuse without causing great harm, a third degree felony under Florida law, which is punishable by up to five years in prison. As a drifter, even though the defendant probably does not have the means to hire a Miami criminal defense lawyer, according to the famous United States Supreme Court case Gideon v. Wainwright, all criminal defendants are entitled to representation if they are facing any period of incarceration.

One cannot presume what will happen to the defendant in this case. But, the fact that he has numerous other convictions for crimes such as petit theft (for more information about theft charges, check out my blog post titled Miami Grand Theft Charge - City Comptroller Arrested), and possession of marijuana, will only hurt his chances of obtaining a favorable outcome in this case.

Surfside Police Make An Arrest In Publix Assault - CBS4

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Two Miami Police Officers were hit and injured by a 61 year old woman accused of two counts of DUI. The officers were taking a Miami robbery suspect into custody when they were struck.

Driving Under the Influence is a serious crime, and I have discussed the penalties for DUI Manslaughter in my recent post titled, Millionaire Charged With South Florida DUI Manslaughter. DUI is generally charged as a misdemeanor, and a first DUI conviction is punishable by up to 6 months in jail. If as a result of the DUI, damage to either property or person occurred, it is a first degree misdemeanor punishable by up to one year in jail.

But here's where things start to get really serious. Under Florida law, if serious bodily injury to another occurs, the DUI is a third degree felony, punishable by up to 5 years in prison. In the case at hand, according to the allegation, the driver of the vehicle clearly caused serious bodily injury. In all likelihood, at the very least the defendant in this case is facing a felony Florida DUI charge.

Miami DUI cases need to be handled aggressively from their inception. If you have refused a breathalyzer test, or blew over a .08, your drivers license has already been suspended. Therefore, if you have been arrested for DUI, it is imperative that your Miami DUI lawyer request an administrative hearing within 10 days of the arrest to challenge the license suspension at the DMV. This is the first step. What happens next all depends on the facts of your specific case.

Miami police officers hit by driver, Miami Herald

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Memorial Day Weekend on Miami Beach is home to the annual Urban Beach Week. Hip Hop music fans will gather in South Beach for a weekend of partying and relaxation. But music fans won't be the only ones out and about, the Miami Beach police are expected to be on high alert throughout the weekend.

Anytime large crowds gather in a relatively small area, there is always a good chance that the police will be making a lot of arrests. In all likelihood, the majority of arrests this weekend will be for Miami misdemeanor crimes. Crimes such as disorderly conduct, disorderly intoxication, and resisting arrest without violence, are commonly charged when an officer is simply looking for an excuse to arrest someone. The definition of these crimes is pretty vague, and it isn't hard for a cop to come up with probable cause to arrest.

Another situation that commonly arises is the pre-textual arrest. Here's a typical example. An officer is patrolling the streets when he sees a partygoer drinking a beer in public. Drinking in public violates a Miami Beach city ordinance, and an officer is within his rights to make an arrest. But physically arresting an individual for walking around with a beer is usually not worth the time or effort. So, in the alternative, an officer is allowed to issue what is called a Promise to Appear (PTA). If issued a PTA, the defendant is promising that he or she will appear in court to answer the charges. Although a PTA is usually issued for minor misdemeanors and city ordinance violations, if an officer is suspicious, he can physically arrest the defendant and conduct a search incident to lawful arrest. Generally, for an officer to conduct a search, a warrant is required. However, as I previously mentioned in my post titled, South Florida Illegal Search and Seizure Laws, Part 1, there are several exceptions to the general rule requiring a warrant.

When a physical arrest is made for a misdemeanor crime, in performing a search incident to lawful arrest, the arresting officer is hoping to find evidence of a more serious crime. If for example, an officer finds cocaine or marijuana when conducting a search, the evidence found can be used against the defendant. So, what was originally a misdemeanor arrest for disorderly intoxication, can easily turn into an arrest for possession of a controlled substance, or even the more serious crime of trafficking in a controlled substance. These kind of pre-textual arrests are perfectly legal, and is just one more reason to be extra cautious.

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The Miami Herald is reporting that Miami Dolphin defensive-end Phillip Merling has been arrested for Domestic Battery. Merling is the fourth Dolphin to be arrested since the end of last season. Other players have been arrested for Miami DUI and for Domestic Violence. As I previously discussed in my post titled Domestic Violence Charge - MMA Star Arrested, there is no specific crime called domestic violence. Rather, certain crimes are classified as domestic violence crimes if the victim is a family or household member.

A Miami Battery charge can be filed as a misdemeanor or as a felony, it all depends on the severity of the injuries. According to Florida law, a Battery occurs anytime a person actually and intentionally touches or strikes another person against their will; or if bodily harm is intentionally caused to another person. Battery under this definition is generally a first degree misdemeanor, punishable by up to one year in jail.

A Felony Battery occurs if in additiona to the above elements, great bodily harm is caused to the victim. Felony battery is a third degree felony, punishable by up to 5 years in prison. In addition to felony battery, there is a separate crime called aggravated battery. A person commits aggravated battery if they intentionally or knowingly cause great bodily harm, or if a deadly weapon is used in the commission of the battery. Miami aggravated battery is a second degree felony, punishable by up to 15 years in prison. Aggravated battery can also be charged if the victim was pregnant at the time of the battery and the defendant knew or should have known that the victim was pregnant.

Battery charges are very serious and your Miami criminal defense attorney will need to conduct a thorough investigation. First time offenders are sometimes given the option of entering into pre trial diversion programs which if successfully completed, will result in the dismissal of your case. If charged with Battery, do yourself a favor and contact a criminal defense lawyer immediately.

Continue reading "Miami Dolphin Arrested for Broward Domestic Battery Charge" »

Multimillionaire John Goodman has been charged with South Florida DUI Manslaughter. The Miami Herald is reporting that Goodman allegedly ran his Bentley through a stop sign, blasting an oncoming car into a canal, killing recent college graduate Scott Wilson.

All Miami DUI cases are serious, but the possible penalties which may result from a DUI Manslaughter conviction are far more severe. Under Florida law, depending on the circumstances surrounding the crash, DUI Manslaughter can be charged as a second degree felony, or as a first degree felony. If the person knew or should have reasonably known that the crash occurred but did not help out, the crime is DUI Manslaughter in the first degree, and a mandatory minimum prison sentence of 4 years will be imposed if convicted. The maximum penalty for a first degree felony, however, is 30 years in prison.

In the case at hand, Goodman allegedly waited more than one hour until he called the police to report the crash. Because he waited so long to call the police, Goodman was charged with first degree DUI Manslaughter. If Goodman would have called the police right away, he may have been charged with second degree DUI Manslaughter. The maximum sentence for a second degree felony is 15 years in prison.

South Florida DUI laws are very complicated. It is always wise to contact a qualified Miami Criminal Defense Attorney as soon as an arrest is made. The earlier a criminal defense lawyer is hired, the better.

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