Can I Change my Criminal Defense Lawyer After I have Hired One?

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Can I Change my Criminal Defense Lawyer After I have Hired One?

Defendants who hire their criminal defense lawyer are permitted to fire them without the court’s consent. A defendant does not have to provide a solid reason for or even justify the decision to terminate the attorney, regardless of whether the breakdown in the relationship was caused by poor communication, disagreement over tactics, or something else. In actuality, the majority of attorney-client agreements specifically inform clients that they have the option to fire their lawyers.

Defendants can employ a new defense attorney or can (often unwisely) represent themselves after firing their original one. Of course, changing attorneys can be expensive, and the defendant will be responsible for paying the original attorney’s share and the new attorney’s fee. The prosecutor’s right to keep the case going forward must be evaluated against the defendant’s right to switch attorneys.

The court must often approve changes in defense counsel if the defendant is represented by a public defender or court-appointed defense attorney. Efficiency at the court is important because the judge wants to move cases along, and it takes a little bit longer whenever a defendant changes attorney. As a result, judges are only likely to approve requests to switch public defenders in cases when the client-attorney relationship is having quite serious issues.

Criminal

Why Should I Dismiss my Lawyer?

It is uncommon to fire a lawyer because you do not agree with their tactical choices. It would be best to put your trust in them to make these choices because that is their responsibility. Request a better explanation from your lawyer if you have questions regarding the course of your case or do not understand something.

Your lawyer is also responsible for informing you of developments in your case, representing you with professionalism, and being devoted to serving your interests. It may be time to think about firing your attorney if they are not carrying out these duties.

Alternatives to Changing a Criminal Defense lawyer

Demand from your present attorney improved communication. Often, improving client and criminal attorney communication can resolve issues.

In conclusion, consult with a different lawyer. If you are unhappy with your lawyer’s actions or approach, speaking with another lawyer can give you a fresh perspective.

Top 5 Criminal Defense Mistakes You Should Avoid

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Criminal Defense Mistakes You Should Avoid

Defendants can pose the most significant risk to themselves due to their ignorance of the criminal justice system or lack of knowledge. Let us talk about some of the usual errors criminal defendants make in court. Here are the top 5 Criminal Defense Mistakes You Should Avoid.

1.    Being Too Quick To Accept A Plea Deal

The prosecutor may provide a plea agreement when you are detained or charged with a crime. The purpose of a plea bargain is to have access to a lower charge to avoid a trial. The Lawyer will inform you they can get the charges dropped if you agree to enter a guilty plea and pay a fee or other penalties. Always be aware of plea bargains and never accept one without first consulting a lawyer about the potential repercussions.

2.    Making Written Statements

Having a lawyer present is crucial when you are being questioned by law enforcement. You might make a serious error if you submit a written statement without legal counsel. Criminal prosecutions frequently allow the use of written remarks as evidence. Statements may not be accurate and may result in additional criminal penalties without the help of an attorney. Anything you say to law enforcement can and will be used against you. So, it is crucial to keep that in mind.

3.    Believing That The Law Doesn’t Apply To You

This is one of the most frequent errors that people make. They believe the law would not apply to them because they have not broken any laws. The law applies to you no matter who you are.

4.    Not having a Criminal Defense attorney conduct the initial interview

The possibility that you will be charged with a crime depends entirely on whether or not a criminal defense lawyer conducts your initial police interview. The initial interview is crucial because it can be your first chance to speak with law enforcement about the accusations made against you and because it is also your first chance to present your side of the story. Another crucial reason is that, before you are arrested, you probably won’t have another opportunity to provide your side of the story.

5.    Not Hiring the best criminal Lawyer

Your freedom and your future are at stake after arrest. You require a tough, assertive criminal defense lawyer with a wealth of knowledge and experience defending clients in court. Do not make the mistake of hiring an untrusted attorney for your case.

What To Look For In A Florida Criminal Defense Lawyer

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Facing Criminal Charges In South Florida?

When hiring a South Florida criminal defense attorney, you’ll want to look for someone who has extensive experience and one who will remain committed to you for the duration of the case. The attorney that you are looking for may not be the same person who you used after a vehicle accident, the person who put together your estate plan, or the one who helped you with your real estate purchases.

Florida Criminal Defense Lawyer Are Vital

A Florida criminal defense attorney serves a crucial role in the outcome of your case but is quite distinct from a civil attorney. Private criminal defense attorneys usually will work in small partnerships or practice on their own.

Usually, they will focus on the specific geographical setting and they have distinctions about which type of criminal defense practice they maintain. Some may only represent certain types of crimes. A typical private criminal defense attorney will likely have had several years of experience working for the government before entering in private practice either as a public defender or as a prosecutor. You should try to hire a criminal defense attorney who has experience in the courthouse in which your case is currently pending while the same laws will be in effect throughout your state.

Procedural Differences In Courts

Procedures will be different from one courthouse to another and your Florida criminal defense attorney already being familiar with the specifics of your case and the way that the cases are handled inside the courtroom can make things much easier for you when trying to protect yourself.

You should also look for criminal defense attorney who has a successful track record in the type of crime with which you are being charged. This will dramatically increase your chances of being able to walk away after being accused of a crime without facing the consequences of conviction or having a criminal record haunt you for many years to come.

Get Help With Your Criminal Charges

Your criminal defense attorney should also give you a heads-up about how he or she will keep you informed over the duration of your case. If you or someone you know has been charged with a crime, call for assistance today.

What You Need To Know About A DUI Arrest

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Were You Arrested For A DUI In South Florida?

When you get a glimpse of a law enforcement vehicle behind you while out on the road, the experience can be unnerving.  When that vehicle is accompanied by flashing lights, every nerve is on its end.  You automatically assume that those lights are meant for you and, if unfortunately, those lights are meant for you, the next best thing that you can do is pull-over as calmly as possible.  If you are pulled over on suspicion of a DUI, you may feel like you have lost control however, you can salvage much by how you handle what comes next.

Comply But Remember, Less Is More

First and foremost, your words can later be used against you so it is important that while you cooperate in order to stay safe and keep the situation from escalating, you do not need to offer additional information that may later be used to help convict you of the charges.  You have rights under the law so, it’s important to remember that you can answer basic questions to indicate to law enforcement that you are cooperating, but anything more in-depth than being cooperative and cordial may spell trouble later.

What Comes Next?

After being arrested for your DUI, you will be taken for processing.  Later you will face your arraignment and learn more about the extent of the charges against you.  The charges will depend on the circumstances surrounding your initial traffic stop and the events that transpired as a result of that stop. Did they suspect that you were intoxicated or impaired? Did they ask you to take a field sobriety test? Did you comply with a Sobriety test? All of the events surrounding your arrest will be called into the arraignment and you may be facing more than one charge.

Speak With A DUI Attorney As Soon As Possible

You will have the opportunity to speak to an attorney, at that point, it is important that you speak to a qualified and experienced criminal defense attorney who understands Florida DUI laws.  It is important that you begin to strategize on your defense immediately to stay ahead of your DUI Charges.  Contact Mayersohn Law Group today to learn how we can help you.

Domestic Violence Charges In South Florida

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Domestic Violence Charges Attorney

Florida is home to a wide variety of domestic violence laws and regulations, designed to protect victims of domestic abuse. Under Florida law, there are three basic types of domestic violence charges:

1. Domestic Violence Assault – This charge involves physical harm or an attempt to cause physical harm against a family member, spouse, significant other, dating partner, or even any person that you have had a romantic relationship with in the past. Examples include punching someone or pushing them down.

2. Aggravated Domestic Violence – As the name implies, this is a criminal offense that carries penalties more severe than regular domestic violence assault charges. In most cases, aggravated domestic violence charges will be accompanied by felony-level consequences. Examples include strangulation and use of a deadly weapon.

3. Domestic Violence Battery – Unlike assault, domestic violence battery involves actual physical contact between the perpetrator and victim. This can include anything from slapping to sexual assault. Aggravated battery charges will be levied if the injuries sustained by the victim are considered particularly severe.

What Happens If You’re Found Guilty?

Depending on the severity of the offense and the prior criminal history of the perpetrator, domestic violence charges in Florida can result in anywhere from probation to 20 years in prison. In addition, those convicted of domestic violence will likely be required to complete mandatory counseling and may be subject to a restraining order.

Call Our Office For Help Today

If you have been charged with domestic violence in Florida, it is important that you seek experienced legal representation as soon as possible. A skilled attorney will be able to review the facts of your case and help you develop the strongest possible defense. Contact us today to schedule a free consultation.

Driving Under The Influence Of Drugs

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Driving while drug impaired

Driving while under the influence of drug is illegal in Broward County, Florida. If you are caught driving while impaired by drugs, you could face serious penalties, including jail time, fines, and a driver’s license suspension.

If you are pulled over on suspicion of driving while impaired by drugs, the officer may ask you to submit to a sobriety test. If you fail the sobriety test, you will be arrested and charged with DUI.

What kinds of drugs can be considered offenses in a DUI?

There are many drugs that can impair your ability to drive, and all of them are illegal to use while driving in Broward County. These include prescription medications, over-the-counter medications, and illegal drugs. If you are caught driving while impaired by any of these substances, you will be charged with DUI.

The penalties for driving while impaired by drugs depend on factors such as your blood alcohol content (BAC) level and whether you have been convicted of DUI in the past. However, even if it is your first offense, you could still be facing up to six months in jail and a $1,000 fine.

What if you’re convicted?

If you are convicted of DUI, you will also be required to complete a drug education program and install an ignition interlock device on your vehicle. You may also have your driver’s license suspended for up to one year.

If you are caught driving while impaired by drugs, it is important to contact an experienced DUI attorney who can help you fight the charges. With the help of a qualified lawyer, you may be able to avoid jail time and keep your driver’s license.

Get help with your DUI charges now

It is important to contact an attorney as soon as possible if you are arrested for DUI. The penalties for driving while impaired by drugs can be severe, especially if they involve a personal injury and it is critical that you get the help of a qualified lawyer who will have your best interests in mind. Call or contact our office today to learn more about how we can help you.

Kidnapping Charges In South Florida

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Charged With Kidnapping In Broward County?

If you have been charged with kidnapping in Broward County, FL, or anywhere in South Florida, it is important to understand what the charges mean and how they could affect your future. In this article, we’ll take a look at the definition of kidnapping and what you should do if you are facing these charges.

What Is Kidnapping?

Kidnapping is defined by Florida law as when someone “forcibly, secretly or by threat confine, abducts or kidnaps another person against his or her will and without lawful authority…” The charge can be brought when the victim is moved a short distance from one place within an area (county) to another place within that same area (county), or if the victim is moved a short distance from one area to another area in a different county.

What If I Had No Intention of Abducting the Person?

Unfortunately, it does not matter whether you were actually planning to abduct (or kidnap) the person or if there was no intention of doing so at all. In order for the charges to be brought, the state only needs to prove that you had the intent to do so.

What Are The Possible Penalties?

If you are convicted of kidnapping in Broward County, FL, you could be facing anywhere from a minimum of 3 years up to a maximum of 30 years in prison. Additionally, you may also be fined up to $10,000. If the victim was a child under the age of 13, you could be facing a life sentence.

What Should I Do If I’ve Been Charged With Kidnapping?

If you have been charged with kidnapping, it is important that you seek legal assistance as soon as possible. An experienced criminal defense lawyer will be able to review the details of your case and help you understand what options may be available to protect your future.

Don’t Delay, Call Mayersohn Law Firm Now

At The Mayersohn Law Firm we are committed to helping people who have been charged with crimes in Broward County, FL. We’ll work tirelessly on your behalf and leave no stone unturned when it comes to defending your rights and freedom. Call us today for a free consultation about your case.

What Does An Accused Person Need To Know About the Florida Grand Jury?

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Accused Person Need To Know About the Florida Grand Jury

Going through the criminal justice process can be difficult to understand at best and overwhelming and anxiety-provoking at worst. Recognizing the roles that parties and groups play in the management of your criminal case is important.

And retaining a criminal defense attorney who knows the lay of the land is extremely helpful for helping to dispel any myths. A common question asked by criminal defendants has to do with the role of the grand jury in filing Florida cases. It is easy to fall subject to assuming this information about the Florida grand jury, but this could make things much more difficult for you than otherwise necessary. When someone has knowledge of a crime or is a victim, they will file a sworn statement with the proper authority and this is known as a complaint.

Accused Person Need To Know

After a complaint has been investigated and the complaint is determined to meet the probable cause grounds, a crime can be charged either by indictment or information. There must be an arrest with an accompanying police report in order for a criminal case to be filed. At that point in time, a prosecutor reviews the police report and any relevant evidence to decide whether or not any criminal charges should be filed. A preliminary hearing is then scheduled with a judge where a decision is made as to whether or not enough evidence already exists. There are many different facts that can determine whether or not the state decides to move forward with the prosecution.

The grand jury’s role is very similar to a regular jury, although a grand jury’s primary position is only to decide whether or not to charge someone, rather than deciding on the innocence or guilt of that person through trial. The prosecutor presents evidence to the grand jury and then the grand jury is responsible for handing back a verdict on whether or not they feel that those charges are warranted. You can speak to your criminal defense attorney to get a better understanding of what is involved in the grand jury process.

White-Collar Crimes In Florida

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White-Collar Crimes In Florida

White-collar crimes in Florida can carry harsh penalties. If you’re accused of committing a white-collar crime, then promptly contact an experienced Florida criminal defense attorney to fight for your innocence and prove that the charges made against you were unsubstantiated.

What Are White-Collar Crimes?

“What are white-collar crimes?” one might ask. White-collar crimes in Florida can broadly be defined as crimes that involve a deceitful way to obtain money. Great examples of white-collar crimes include:

  • identity theft,
  • credit card fraud,
  • and health care fraud

These are some common offenses just to name a few.

Identity Theft In Florida

According to the Florida Department of Law Enforcement or FDLE, ID theft accounts for more than half of all identity thefts reported in the United States. Victims of ID theft are left to clean up the mess. Not only is this financially draining, but it’s also time-consuming and frustrating.

Fraud Prevention By Florida Law Enforcement

Florida law enforcement agencies do what they can to help prevent fraud in our state including cracking down on people who commit fraud crimes, identity thefts, mail frauds, telemarketing frauds, forgery, and swindling. With these types of crimes rising in Florida, residents should be aware of the penalties that could be imposed if they’re caught committing a fraudulent crime.

According to the FDLE, common white-collar crimes in Florida that are frequently prosecuted by law enforcement include:

  • Insurance Fraud
  • Credit Card or Debit Card Fraud
  • Bank Fraud
  • Mortgage Fraud
  • Medicaid and Medicare Frauds
  • Embezzlement by an Employee or Officer of a Corporation, Bank, Credit Union, Financial Institution, Governmental Agency or Nonprofit Organization; or Employee Benefits Plan (EBP) Abuse. [This means if you embezzled money from a credit card, bank, or from a corporation you could face this charge.]
  • Unemployment Insurance Fraud
  • Worker’s Compensation Fraud

Consequences For White-Collar Crimes In Florida

The bottom line is that it’s important for Florida residents to understand the consequences of breaking a criminal law. If you’re accused of committing a crime that falls under the category of white-collar crime then be aware that you could face harsh penalties that can impact the rest of your life.

Have You Been Accused Of A White-Collar Crime In South Florida?

Contact an experienced Fort Lauderdale criminal defense lawyer to fight on your behalf if you’re charged with committing a crime. Your freedom depends on it. Reach out to Mayersohn Law today to learn more about how we can help you.

What Happens If You Are a First Time Criminal Offender in Florida

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First Time Criminal Offender In Florida

A first-time offender is a person facing a criminal conviction for the first time. Depending on the crime, the courts in Florida can show mercy to a first-time offender. The charges can either be dropped or rehabilitated instead of facing imprisonment. 

This option is not available for all crimes. This privilege is only available for non-violent crimes, where the offender is not a threat to the community. The offenses may include, 

  • Theft
  • Prostitution
  • Drug possession
  • Juvenile offenses
  • Disorderly intoxication

If you are charged with a violent crime or crime involving weapons for the first time, you may not obtain mercy from the court. Severe offenses of first-time offenders include;

  1. Hit and run
  2. Burglary
  3. Robbery
  4. Kidnapping
  5. Murder and manslaughter 
  6. Sex crimes
  7. Aggravated assault
  8. Domestic violence

What happens if it is your first First Time Criminal Offender in Florida?

  1. Charges Can Be Dropped or Reduced

A criminal defense attorney can use the lack of previous offenses to present your case in court as a first-time offender. The attorney may convince the prosecutor to file a lesser charge or even drop the charges.

  1. Avoiding Conviction

A withhold of adjudication is often available for first-timer offenders in Florida. The state sees rehabilitation as preventing the person from pursuing a criminal career; therefore, the first-time offender that receives withhold of adjudication is not convicted. 

  1. Sealing or Expunging of Record

If you obtain a not convicted adjudication or dismissal as a first-offender in Florida, the court may seal or expunge your record. Sealing or expunging the record is a big advantage because having a criminal record can thwart your future career and educational opportunities. You can get a suitable attorney to help you with expunging your records.

  1. Pretrial Diversion

Pretrial diversion can be offered to a first-time offender by the prosecutors. If it is granted, they may or may not plead guilty. You can be ordered to complete a probation period, be issued a fine, participate in community service and counseling, or anything negotiated by the defense attorney. The charge will be dropped and conviction not entered as long as the negotiated terms are completed. Pretrial is for non-violent offenses only.

What Are My Basic Rights If Pulled Over by a Police Officer in Florida?

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What You Need To Know About Being Pulled Over by a Police Officer in FL

There should be a valid reason for police to pull you over and detain you. It is important to know your legal rights during a traffic stop since you are likely to be stopped by police once in your lifetime.  Below are a few steps to take when pulled over by police in Florida.

1. Stop your car at a safe location

When a police officer signals to you to pull over, you should find a safe location and come to a complete stop. If there is no safe location close to you, slow down so that the officer will know you are trying to find a place to pull off the road.

Roll down your window, turn off the engine and place your hand on the steering wheel. Keep your driver’s license, registration, and proof of insurance where you can quickly reach them when the police officer asks for it to afford confusion.

2. Follow police instructions

Do not make any sudden movements; remain calm until the police officer asks you to step out of the vehicle or provide documentation. If they are not close to you, tell the officer where they are and seek permission to pick it.

If you have any weapon in the vehicle, tell the officer where it is. Every other person in the vehicle should follow the same instruction and avoid sudden movements.

3. You have the right to remain silent.

You can invoke your right to remain silent and refuse to answer any question after providing your name and address to the officer, and you should politely tell the officer you have the right to remain silent.

This could escalate the matter, be careful not to answer questions that can incriminate you; politely refuse to answer questions that can incriminate you.

4. You don’t have to consent to a search.

If the officer asks to search your vehicle, you do not need to consent to the search. The officer should not search your vehicle without your consent if he doesn’t have a warrant. Do not resist the search but carefully state that you don’t consent to the search. Resisting can escalate the matter and lead to a criminal charge.

In case you are charged with any traffic-related offense or other offenses, maintain your rights, and don’t forget to contact a suitable attorney to handle your case.

How Domestic Violence Affects Child Custody in Florida

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How Domestic Violence Affects Child Custody in Florida

The rate of domestic violence is rapidly increasing today, which proves the need to get enough legal information about child’s custody. Florida family law frowns against child abuse during violence between parents. The state will then decide to withdraw the child from the parents or give them certain conditions or warnings.

When the involved parents’ divorce, the court chooses who keeps the child based on how each person plays in domestic violence. Sometimes, the court decides to find a foster home for the child if none of the parents is fit enough to bear the responsibility.

Child Custody in Florida

The Florida court considers two types of child custody: “physical custody” and the “legal custody.” Legal custody determines the parent that makes crucial decisions for the child, such as religion, education, and medical subjects. Physical custody determines who the child visits and when the child sees both parties.

However, the judge does not make these decisions without consulting the child and considering some factors.

  • The parents’ alcohol drinking habits
  • The parents financial capacity
  • Any record of child abuse or abandonment
  • The parents’ character and principles
  • Any presence of communication or trust issue
  • The child’s living and school environment

Supervised visitation: If the child agrees to visit an abusive parent, the court will assign a trained supervisor to watch the child. Sometimes, the state can bear the charges of the supervisor, or the parents are asked to pay for it.

What to Do When There is Domestic Violence

The first thing is to contact the emergency line in Florida, 911. After confirming your safety, you can then proceed to press charges.

The court may also give you an injunction, which means the accuser cannot come close or near to you. More so, you may choose the get a temporary request for that day by visiting your local clerk. This is when the situation is very threatening, and cannot seem to wait for court proceedings.

The Florida Commission Against Domestic Violence is available round-the-clock, and you can reach out to them or call whenever danger looms.

Know Your Right to Remain Silent When Charged With Criminal Cases

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Know Your Right to Remain Silent When Charged With Criminal Cases

If you are charged with a criminal case, you can either have a right to remain silent or hire an attorney. However, when you have an attorney, you are also invoking the right to be quiet. This means you do not wish to answer to any interrogation until your lawyer is around.

Invoking the Right to Remain Silence and Police Protocol

Usually, the police will read to a suspect the regulations and rights to remain silent. If the suspect agrees not to participate in an interrogation, it does not stop the police from digging up evidence. Also, any implicating statement the suspect makes during the period of silence can still be used by the police as evidence. The best is not to speak until your attorney arrives at the situation.

More so, suspects don’t need to remain silent after being informed of their rights. The suspect may waive the right if there is a need for some voluntary statements. Nevertheless, the law does not support cajoling by the police, even for a criminal case, especially if it is an underage person.

How to Invoke Your Right to Remain Silent When Charged With Criminal Cases

According to the law, you will need to tell your interrogator expressively that you are exercising the right to remain silent. Often, police officers will take your statement as a request for a lawyer.

It would help if you also were careful of ambiguous or uncertain statements. For instance, “I may need to get a lawyer” or “what if I choose to remain silent.” No police will take you seriously in this case, and some may pretend to know you understand what you should say. Hence, they will continue the interrogation regardless.

If you are dealing with a skilled interrogator, you need to be clever with your actions and words. Often, they love to play ambiguity with suspects’ words.

Learn More About Your Right to Invoke Silence Through an Attorney

The best chance you will ever get before going to a court is by consulting the expert opinion. Wherein, invoking the right to remain silent grants you this opportunity. However, you can now learn more about your rights by reaching out to your local legal advisor or defense attorney.

WHEN DO I NEED A CRIMINAL DEFENSE LAWYER IN FLORIDA?

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Criminal Defense Lawyer In Florida

According to the sixth amendment of the United States Of America Constitution, which declared that any person incriminated of a crime has a right to a lawyer to stand in for them at trial. This amendment has validated the need for a Criminal Defense Lawyer in Florida.,

Also, an arrest can be embarrassing, especially when it is your first time. Hence, the need to understand your rights and when to involve a Criminal Defense Lawyer in Florida.

Who is a Criminal Defense Lawyer?

This lawyer specializes in the aegis of people or organizations that have been charged with a criminal offense. It would help if you had a defense lawyer either privately or at different administrations within criminal courts. They work on any case related to criminal law.

And no matter the gravity of the offense, a defense lawyer will do everything possible to mount the best support for his client, who is the defendant. However, Criminal lawyers cannot let personal feelings come into being when standing in for their clients. They keep the utmost interest of their clients in mind and focus on getting them out of trouble.

So, the big question is;

 When Do You Need a Criminal Defense Lawyer in Florida?

  • Hire a criminal defense lawyer when you need to save money. Hiring a Criminal Defense Lawyer helps minimize cost in the long run if the process begins early.
  • When you need to understand the exact charges, you are facing: It will interest you to know that the gravity of the crime you committed will determine the consequence that accompanies it. Ignorantly, most people are not aware of it and do not understand their crimes before arraignment. 
  • When you need a legal aid to represent you in court when charged with a criminal offense. A Criminal Defense Lawyer will help with getting you out of trouble, avoid jail term, or limit possible sentence (in the worst scenario).

Arraignment is when the accused pleads not guilty or no contest. It is your criminal defense lawyer that will plead and represent you in the hearing. They will request bail or be released on their pledge.

In conclusion, the moment you realize that you need the best hands to handle the criminal case at hand, then you need a Criminal Defense Lawyer.

What Are the 4 Elements of a Contract Breach Lawsuit?

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Business Litigation – Contract Breach Claims

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Mayersohn Law for a consultation at: 954-765-1900

South Florida Property Owner Shocked As Someone Tries to Sell Her Home to Someone Else

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South Florida Real Estate Fraud

Can someone you don’t know sell your home out from under you to another party? You might think such a situation is impossible, but for one South Florida woman, it’s a terrifying reality. Here’s what you should know about real estate deed fraud, how it can happen, and how to protect yourself. 

The Case 

in South Florida, Shirley Gibson was surprised when she came to find out that her property was listed for sale on Zillow and successfully purchased by an unsuspecting buyer for $230,000. A title company in Aventura, FL claims that it was scammed and now, Gibson’s home is illegally on the market again with a “Not For Sale” sign pinned to the front gate. While unlikely that Gibson would actually lose her home, she’s now embroiled in a costly legal battle that could last for months.   

What Is Real Estate Deed Fraud? 

Real estate deed fraud is a lesser-known form of identity theft. When someone steals your identity and forges your name on the deed to a home or other property, this is considered deed fraud, sometimes called property title theft. Often, deed fraud will occur after a homeowner has died. 

Scammers will often scour the obituaries for homeowners who have passed on with residences that are vulnerable to deed theft. Vacation houses, abandoned houses, and empty houses are the most common targets of deed fraud, although scammers do still target houses that are in use, as in the case with Shirley Gibson. Scam artists may try to live in the home themselves or quickly sell it to someone else and pocket the cash.

When to Get the Help of An Experienced South Florida Real Estate Litigation Lawyer 

If you’ve been the victim of real estate deed fraud, there are legal options available to you to stop someone else from assuming ownership of your property. However, these cases can be complicated and require the help of a seasoned real estate litigation attorney. 

At Mayersohn Law, we can assist you with understanding your rights and what legal avenues would be the most beneficial. We’ll go to bat for you in court if settlement negotiations are unsuccessful, and we’ll zealously advocate for a verdict in your favor. 

Contact us today to learn more about real estate deed fraud or to schedule your appointment for an initial case consultation. Call now at 954-765-1900 or fill out or simple online form and we’ll get right back to you. 

What You Need to Know About Mounting a Bank Fraud Defense

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Know About Mounting a Bank Fraud Defense

 

Have you already been accused of bank fraud? If so, you need a Bank Fraud Defense lawyer who can help you prepare right away. The prosecution will likely have a lot of lead time in a case like this, but you cannot ignore the opportunities to protect yourself.

Bank Fraud Defense

Hiring an experienced Fort Lauderdale bank fraud defense attorney should be the first thing you do after you suspect that you are under investigation for bank fraud or after you have been formally charged. Anyone accused of bank fraud crimes in Florida is protected by the U.S. Constitution and is considered innocent until proven guilty. Bank fraud is defined as attempting to execute or executing any scheme that obtains credits, monies or other property under the control of a financial institution through fraudulent or false pretenses or any scheme that attempts to defraud a financial institution.

With maximum fines of $1 million and decades in prison at stake, it is important to know the value of mooning a proper bank fraud defense. Prosecutors and law enforcement cannot engage in the legal searches or seizures affecting those associated with bank fraud charges and anyone who has been accused has the right not to incriminate themselves and to retain an attorney as soon as possible. Many criminal defendants, especially those who are currently under investigation for bank fraud, don’t have a comprehensive understanding of their constitutional rights and do not know how to navigate the justice system effectively.

Claims associated with bank fraud can be high stakes and complex as prosecutors may do everything possible to seize assets prior to the establishment of a trial. This means that a defendant may be struggling to protect any of their property while mounting a case to defend against these critical criminal charges. The right attorney is a vital asset when preparing a defense involving bank fraud. With so much on the line for your future, you cannot afford to leave this to chance. You need a Fort Lauderdale attorney who is highly experienced with managing bank fraud allegations to begin preparing your defense immediately.

 

 

 

What You Need to Know About Intent and Simple Battery

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Need to Know About Intent and Simple Battery

Being accused of battery in Florida is an unnerving experience and one that should prompt you to contact a criminal defense attorney quickly. Intent is an essential element of a simple battery charge. In order for battery to constitute a crime, there must be a specific voluntary act or something that is substantially certain to result from such an act.

The defendant, therefore, must engage in conduct in which he or she knows that a strike or a touch is certain as a result of their actions or he or she must intend to strike the person. Therefore, accidental touching or touching that is not aimed at making a contact with another individual is often insufficient to establish simple battery charges in Florida.

Whether the person who is accused had the necessary intent, is a question for the jury to resolve by looking at the circumstances and the facts associated with the touching or the striking of the victim. In all prosecutions in Florida, the touching must occur without the consent of the alleged victim or in other words, against the victim’s will. This issue often arises as a complicating factor in allegations of criminal conduct in terms of mutual combat.

You might be curious about how these cases are affected if both parties are involved in the fight.
Mutual combat is a common battery defense that is associated with both parties assenting to a physical altercation and therefore, consenting to be touched, which is not applicable to battery charges. Both parties must be at fault in order for this to apply and the defendant cannot be the primary aggressor or be the one who initiates the fight. Again, the issue of consent is one for a jury to decide and as examined in light of other facts associated with the case.

If you have been accused of simple battery in Florida, your willingness to take action quickly by consulting with an experienced criminal defense attorney is vital towards crafting a compelling defense to protect you and keep you out of jail. Do not hesitate to contact a knowledgeable attorney as soon as possible.

South Florida Resident Loses Luxury Home Construction Appeal

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Palm Beach Home-Building Lawsuit

Updated 06-09-2021

South Florida homeowner Donald A. Burns sued the town of Palm Beach for denying his plans to build a modern-style luxury home on his beachfront property at the North End of the island. The court determined that the city did not violate the First Amendment rights of Mr. Burns when it denied his request to build a domicile that would be in striking contrast to other houses in the area. 

The Palm Beach Architectural Commission has long maintained that its architecture should be reasonably well coordinated and the court supported this policy when it ruled against the plaintiff. Mr. Burns then appealed the case to a higher court in the state, suggesting his luxury home design did not violate code, but did not have success at overturning the decision. 

On Appeal

The appeals court also upheld that Palm Beach has the right to deny homeowners the ability to build out-of-character homes or other structures that would appear out-of-place in the area. Additionally, the appeals court determined that Burns’ 14th Amendment rights were also not violated when the town reviewed the architectural plans for his luxury, contemporary-style home; the lower court did not deny his right to due process and had given him a reasonable amount of time to present supporting arguments.  

Get Help Defending Your Right to Own Luxury Property 

Being embroiled in real estate litigation is costly, especially when you’re already shelling out so much for the building process in the first place. As a property owner, you expect to be able to construct the luxury home or other structure you want. After all, that’s one of the biggest draws of being a homeowner — the lack of authority over the style and build of your home. 

If you’ve had your home design or construction plans denied, or you’ve been contacted by your HOA or another authority about your property demanding you make a change to your luxury property, you may benefit from legal assistance. 

Contact Mayersohn Law Today 

For help with any luxury real estate legal matter, it’s vital that you act swiftly to acquire a qualified attorney. A competent real estate lawyer can help you save time and money while also improving the chances of a favorable case outcome.

Call Mayersohn now for a consultation to discuss your case in more detail at 954-765-1900. Our team has the skills and experience to provide you with the comprehensive legal representation you need.

What to Expect After a DUI

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An arrest and conviction for driving under the influence of alcohol is a frightening and life-changing experience. It’s important to know what to expect after a DUI, especially if it’s your first one, so you can be prepared. You need to adjust to a different way of life now and in the future. Know that many DUI consequences are far-reaching. Here’s what you should know.

Employment

One difficult thing to deal with after a DUI is the effect on current and future employment. Your current employment may be at risk if you take a lot of time off for DUI proceedings. Also, having limited transportation could increase the number of days you take off or arrive late. Future employment is affected because of your criminal record. There are some positions that you may not be eligible for. Take advantage of any job or career programs offered in your area.

Counseling

Often, a counseling program is mandatory after a DUI conviction. The counseling may be specifically for alcohol abuse, or it may be a drug and alcohol combination program. The program will likely be several weeks or months long. Therefore, it’s important to always attend unless you are severely ill. In all likelihood, you will be required to complete the counseling program successfully as part of your sentence. In fact, it’s important that you attend and make arrangements to ensure the program is completed.

Transportation

Unfortunately, transportation can be significantly affected if your license was suspended as a result of your DUI. First, apply for a hardship license that grants you the ability to drive to and from work yourself. However, you may not be approved for this so it’s important to also explore the option of public transportation. Fort Lauderdale has a wealth of public transportation options, but they do cost extra time and money. If traveling by bus to work, plan for delays and allow yourself plenty of time to get there.

Contact a Fort Lauderdale DUI Attorney Today

Arguably the most effective way to avoid life changes after a DUI arrest is to avoid being convicted. An experienced DUI attorney can help. Call Leah H. Mayersohn, Esq. today for a consultation at 954-400-5000.

What You Need To Know About Divorce Court

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The courtroom can be a frightening place for divorcing couples. Naturally, you’ll want to know what to expect, especially if you’ve never been inside a courtroom before. It’s quite different from what you see on television; there are some things to keep in mind to help you prepare. Here’s what you should know.

Basic Courtroom Etiquette

Treat the courtroom like you might treat a job interview. Make sure your cell phone is turned off or on silent (not vibrate, you’ll be surprised at how loud a vibrating cell phone can be in a quiet courtroom). Also, don’t bring in drinks or food, don’t chew gum, and make sure to remove your hat or sunglasses. Look for signs in your specific courtroom that list anything else that isn’t allowed.

Be Prepared for the Metal Detectors

All courtrooms screen for weapons. How this is done varies from location to location, but you can expect to go through a metal detector. Metal detectors won’t pick up small pieces of metal in your clothing, like pants buttons, but they will pick up on keys left in your pocket. You’ll likely be asked to put your purse, wallet, or other personal effects in a bin to be scanned while you walk through the metal detector. It’s not much different from going to the airport.

You May See People You Don’t Know

Many people are surprised that divorce court isn’t private. The courtrooms are public and anyone can sit in on a case. While this means you can ask family or friends to come support you (this is not recommended) it also means that you’ll likely see some people you don’t know. Be prepared for strange faces and stay focused on your case.

There Won’t Be a Jury

Juries are typically used for criminal cases and aren’t necessary in divorce cases. Your divorce will be presided over by a commissioner or a judge. Remember to call the judge “your honor” when addressing him or her to show respect.

Contact Our Office Today 

Divorce is best handled by a competent divorce attorney. Facing family court alone, even with a few ideas of what to expect, can be a harrowing experience. Contact our office for a consultation today to discuss your divorce options, to file for divorce, or to get help preparing for an upcoming divorce hearing. Call now at 1-954-765-1900.

Reasonable Child Visitation

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Custodial Parent

When a child’s parents separate, they will typically live with one of their parents most of the time. This parent is called the custodial parent, and the other is referred to as the noncustodial parent. If the child is old enough, they may choose with whom they live. 

Courts in Florida understand the psychological and emotional importance of a child maintaining a meaningful relationship with both parents. Often, they will award the non-custodial parent what is known as “reasonable visitation.” What is it and what should you know about it? 

Reasonable Visitation Defined 

Reasonable visitation is a term that is used to describe fair visitation for the non-custodial parent, based on the best interests of the child. In most custody cases, it’s beneficial for the child to have an ongoing relationship with both of their parents. This is true even when one parent only has partial visitation. 

However, visitation may not be reasonable in certain cases. For example, a non-custodial parent with a history of abuse or domestic violence may find it difficult to be awarded any type of visitation. Or, a court may see fit to award a parent who is actively working towards self-betterment infrequent, supervised visitation.

How Reasonable Child Visitation Works 

If possible, you and your ex-partner should create a visitation schedule that is agreeable for both of you. Take your work schedules into consideration, along with any extracurricular and educational activities that your child has. Make sure you plan in advance for special events and holidays and come up with a proposed visitation schedule that offers the most stability. 

When Will a Judge Decide Reasonable Visitation? 

If you cannot reach an agreement with your ex about a mutually beneficial visitation schedule on your own, the court will need to intervene. This means that your custody case is contested, and you no longer have the final say in what visitation looks like for your family. 

Many courts default to “standard” visitation for the non-custodial parent. Many people recognize this as visitation every other weekend and two weeks a year (usually during the summer if a child is school-age), and alternating holidays. 

Why Contact a Boca Raton Family Law Attorney for Your Visitation Case 

The outcome of your child custody dispute hinges largely on the evidence you’re able to present and how you’re able to present it. This is where an experienced Boca Raton child custody attorney can help.

Golf Car DUI

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Driving A Golf Car While Under The Influence

Golf is a great sport and it’s easy to get carried away at the club but what happens if you find yourself behind the wheel of a Golf Cart after an accident?

Some of you may have heard of someone drinking while out for a game on the course. Golf Cart DUI is a reality that is brought to the forefront regularly and often makes the weekend news. Allegations that a local resident was under the influence after a Golf Cart crash are not unusual in Florida. Being accused of a DUI is not an easy position to be in and it is something that can happen to anyone, whether it be a common motor vehicle, a motorcycle, or even a golf cart. What happens if you get into an accident with a Golf Cart and are accused of driving under the influence?

DUI Charges And Penalties In Florida

If you are accused of Driving Under The Influence in Florida, you may be facing serious penalties, possible charges, and license suspension.   DUI is a very serious offense and it can be life-altering as well as costly.

It’s important to note that any DUI in Florida that involves injury to another party as a result of driving under the influence has the possibility of facing Felony DUI charges.

Play It Safe

So before you decide to have a drink at the Golf Course, aside from the actual club rules which may not even allow drinking on the course, play it safe.  If this is something that is allowed at your particular club, have another party who is not a part of the game locked in as your driver, grab an Uber or simply do not get behind any wheel of any vehicle, conventional or otherwise.

Get Help

If you or someone you know has been involved in a DUI Golf Cart Accident and needs help, speak to a qualified DUI Criminal Defense attorney as early as possible and learn about your options.

Defenses Against Dealing in Stolen Property

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Second-Degree Felony For Stolen Property

In the State of Florida, dealing in stolen property is considered a second-degree felony. In fact, it is punishable by up to 15 years in prison. The penalties imposed depend greatly on the value of the goods allegedly stolen. If found guilty, this crime significantly impacts your life, career, and relationships. Find out how to fight for a clean criminal record and also defend your rights under the law.

Florida Statutes

Florida defines dealing in stolen property as:

(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084.

Potential Defenses Against Dealing in Stolen Property Charges

If you are charged with dealing in stolen property, there are several defenses to employ. However, these defenses depend on the circumstances surrounding your case. Your attorney will evaluate your case and determine what defenses would increase your chances of success. Potential defenses include but are not limited to:

  • Alleging that you had no knowledge the goods you bought or sold were stolen. You could show purchase records or receipts that show how you came to buy the property. In fact, receipts provide evidence that you didn’t know that the goods you bought were stolen.
  • Alleging that you were given the stolen property. If you did not purchase the stolen goods and came into possession of them through a gift or some other means, you can allege that you had no intention of dealing in stolen goods.
  • Alleging illegal search and seizure. Depending on the circumstances, your attorney could also allege that the police performed an illegal search and seizure of the stolen goods. If it is determined that an illegal search and seizure took place, any evidence — including the actual property — obtained during the search can be suppressed. Then, the prosecution will have a much more difficult time receiving a guilty verdict if they cannot produce the “stolen property.”

Contact Leah H. Mayersohn, Esq. Today

Attorney Mayersohn is an experienced Florida criminal defense attorney who can help you defend against charges of dealing in stolen property. Call now for a consultation at 954-400-5000.

The Basics of Burglary

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Burglary is not a charge to be taken lightly and if you are found guilty, you could face serious consequences including imprisonment, fines, restitution, probation, community service, and more. It’s important to work hand-in-hand with a seasoned criminal defense lawyer who can help you advocate for your rights under the law. Here’s what you should know about the crime of burglary.

Burglary Defined Under Florida Law

Florida statutes define burglary fairly simply. In order to be charged with burglary, a defendant must — without permission — enter a building with the intent to steal something or commit any type of felony. Although theft is a misdemeanor, it is considered separate from felonies and included in the definition of burglary. If you do not take any property or commit any crimes, but it can be proven that you intended to do so, you may be charged with this.

How to Defend Yourself Against Burglary Charges

There are a multitude of potential defenses to a burglary charge. Which defenses are used depends on the facts of your case and which defense your attorney thinks is most likely to be successful under the circumstances. Defenses can include but are not limited to arguing:

  • Actual innocence
  • Mistaken identity
  • That there is not enough evidence presented by the prosecution to convict the defendant beyond a shadow of a doubt
  • That no crime actually took place because the defendant:
    • Had permission from the owner of the building to enter
    • Never actually entered the building
    • Did not have the intent to steal property or commit a felony while inside the building

When to Hire an Attorney

If you’ve been charged with burglary, waste no time in contacting an experienced criminal defense attorney who can adequately advocate for your rights. At Fort Lauderdale Criminal Defense, we have the skills and resources to help you defend against criminal charges. Our attorneys are dedicated to giving your case the time and attention needed to be successful.

We understand that facing criminal charges is difficult and overwhelming. In fact, we will be there to help you each step of the way. Contact us today for a consultation to discuss your specific needs by calling the office at 954-400-5000.

Florida Drug Trafficking Statutes

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Drug trafficking is taken seriously in Florida. Therefore, the penalties associated with this crime if you are found guilty are no less than life changing. From prison time to fines and much more, you could be facing a drastic life change if a judge and jury convicts you. In fact, not only will you have a permanent criminal record, but your relationships and career will be negatively affected. Here’s what you should know about Florida’s drug trafficking statutes and also how to get the help of an experienced criminal defense lawyer.

Florida Drug Trafficking Statutes by Substance

Florida penalizes drug trafficking according to the substance being trafficked.

Cocaine

  • 28-200 grams — $50,000 fine and 3 years imprisonment
  • 200-400 grams — $100,000 fine and 7 years imprisonment
  • 400 grams – 150 kilograms — $250,000 fine and 15 years imprisonment
  • 150+ kilograms — Life imprisonment without the option of parole

Heroin

  • 4-14 grams — $50,000 fine and 3 years imprisonment
  • 14-28 grams — $100,000 fine and 15 years imprisonment
  • 28 grams – 30 kilograms — $500,000 fine and 25 years imprisonment

Hydrocodone

  • 14-28 grams — $50,000 fine and 3 years imprisonment
  • 29-49 grams — $100,000 fine and 7 years imprisonment
  • 50-200 grams — $500,000 fine and 15 years imprisonment
  • 200 grams – 30 kilograms — $750,000 fine and 25 years imprisonment

Oxycodone

  • 7-14 grams — $50,000 fine and 3 years imprisonment
  • 14-25 grams — $100,000 fine and 7 years imprisonment
  • 15-100 grams — $500,000 fine and 15 years imprisonment
  • 100 grams – 30 kilograms — $750,000 fine and 25 years imprisonment

Methamphetamine

  • 14-28 grams — $50,000 fine and 3 years imprisonment
  • 28-200 grams — $100,000 fine and 7 years imprisonment
  • 200+ grams — $250,000 fine and 15 years imprisonment

LSD

  • 1-5 grams — $50,000 fine and 3 years imprisonment
  • 5-7 grams — $100,000 fine and 7 years imprisonment
  • 7+ grams — $500,000 fine and 15 years imprisonment

Ecstasy

  • 10-200 grams — $50,000 fine and 3 years imprisonment
  • 200-400 grams — $100,000 fine and 7 years imprisonment
  • 400+ grams — $250,000 fine and 15 years imprisonment

 Defenses Against Drug Trafficking Charges

If you’re facing drug trafficking charges, there are a few different defenses to use. In fact, your lawyer will help you determine which one is most likely to be successful in your case depending on the circumstances, facts, and evidence in your case. For example, you could argue actual innocence if the drugs are planted by someone else on you or your property. Or, you may be able to argue that the police illegally searched you. Illegal search and seizure is a very viable defense. It may keep the actual substances out of court evidence, making it harder for the prosecution to make a case against you.

Contact Fort Lauderdale Criminal Defense Lawyer Leah Mayersohn, Esq. Today

Don’t let drug trafficking charges ruin your life. Get help from an experienced drug trafficking attorney today to defend yourself and protect your rights under Florida law. Call now for a consultation at 954-400-5000.

DUI Manslaughter Charges

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What Happens When Faced With DUI Manslaughter Charges?

An arrest for driving under the influence of alcohol is one thing. But an accident that causes someone else’s death as a result of drinking and driving is an entirely different and heartbreaking situation. While you never intended to cause the death of another person, the Florida criminal system will treat you harshly as a consequence for driving while intoxicated. Here’s how you can defend yourself against these serious charges with the help of a DUI lawyer.

How Test Results Can Be Struck from the Record

The heaviest evidence against you in a DUI manslaughter case is your BAC results. Field sobriety test results — if performed — are also important. Blood testing is most commonly used in DUI accidents since everyone involved is usually transported to the hospital.

The key in any DUI manslaughter case is to question the validity of the evidence and whether the results are accurate beyond a doubt. If an officer gave you a breathalyzer test but did not calibrate the equipment properly, the test could be invalid. Also, if you were given a blood test, your attorney may question the chain of custody. Any potential issues with how your blood was drawn, transferred to the lab, and tested could result in that evidence’s omission from court.

Should You Accept a Plea Deal?

In some cases, the evidence against the defendant is so overwhelming that the chance of a successful litigation is low. Your lawyer can help you evaluate what the prosecutor has against you and plans to bring in front of a jury. This will determine if it is in your best interest to look into a plea deal.

A plea deal could include pleading guilty to lesser charges, agreeing to mandatory alcohol treatment, both, or other penalties. However, they are almost always less than what you stand to incur if you go to court and are unsuccessful. Each case is different and your attorney can help you find the avenue that elicits the best possible outcome.

Contact a Florida DUI Lawyer Today

At Fort Lauderdale Criminal Defense, we understand how difficult facing DUI manslaughter charges can be. We commit to aggressively advocating for your rights and freedoms under the law. Call now for a consultation at 954-400-5000.

The Four Steps To A Criminal Case

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Dealing With A Criminal Case?

Being arrested and charged with a crime is a frightening and sobering experience. Therefore, if you’ve been charged with a crime, the time to act is now. It’s important to understand what will happen during your criminal case and what to expect as you move through the various stages of the Fort Lauderdale court system. Here’s what you need to know about the four steps to a criminal case.

1. The Arrest

The first stage of a criminal proceeding is the arrest. Once the arrest is made, the defendant can be released from jail on bond or on their own recognizance. In some cases, however, no bond is necessary. This typically occurs when the charges are dropped or when the defendant is taken straight to court for the arraignment.

2. The Arraignment

At the arraignment, you will be informed of your rights. This is your first court appearance, and simply exists to state the charges that are formally being filed against you and your right to contact an attorney. During the arraignment is when a defendant is required to enter in their formal plea of either guilty, not guilty, or no contest.

3. The Preliminary Hearing

A preliminary hearing is conducted in order for the judge assigned to the case to review all the evidence against the defendant and to determine if there is enough evidence available for the defendant to stand trial. Additionally, if it is determined that enough evidence exists, the prosecutor will file paperwork that requires the defendant to proceed to trial.

4. The Trial

Before the trial occurs, a jury must be selected by the attorneys of both sides — typically the prosecutor and the defendant’s criminal defense attorney. Then, evidence is presented by both sides in front of the judge and jury and the jury must use that evidence to determine if the defendant is guilty or not. If the defendant is found guilty, he or she is taken into custody immediately. If a not guilty verdict is returned, the defendant is free to go.

Contact Leah H. Mayersohn, Esq. Today

Leah H. Mayersohn, Esq. is a seasoned Fort Lauderdale criminal defense attorney with the experience and resources to guide you through California’s criminal justice system. When you work with Attorney Mayersohn, you can be confident that you have a strong, viable defense. Call today for a consultation to discuss the specifics of your case at 954-400-5000.

What You Need to Know About Prescription Drug Crimes

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Penalties For Prescription Drug Offenses

Prescription drugs are used widely and regulated across the U.S. This is because many prescription drugs used for pain and mental illness are as potent and dangerous as drugs like heroin or methamphetamine when used improperly. If you were arrested for a prescription drug crime, it’s important that you learn what penalties you may have to face and what your best options are for defending yourself against this type of crime.

Prescription Drug Crimes Defined

Not all prescription drugs are regulated in the same way. It is generally only considered a criminal offense when the medications are of a controlled nature. Controlled medications include drugs used for ADHD, pain, and anxiety. Here are some of the most common forms of prescription drug crimes:

  • Selling prescription drugs to someone else for a profit (either acquiring to sell them or selling your “extra” pills)
  • Giving prescription drugs to a friend
  • Attempting to or successfully robbing a pharmacy in order to obtain controlled substances
  • Possessing prescription drugs that do not belong to you and were not prescribed to you by a licensed physician

What Penalties You May Face If Convicted of a Prescription Drug Crime

If you are charged with and found guilty of this type of crime, you may face severe penalties. A Criminal Defense Attorney will advise that penalties include but are not limited to fines and incarceration. How serious the penalties depends greatly on how serious the crime was that you were found guilty of. For example, if you purchased a few pain pills from an acquaintance, you may not incur as much jail time as if you sold or trafficked a large number of controlled drugs.

Regardless of the severity of the crime, any criminal penalties stand to change your life in a negative way. Jail time, fines, community service, probation, and mandatory drug counseling impact your career and relationships.

Contact a Prescription Drug Crimes Attorney Today

When you face any criminal charges — especially those related to prescription drugs — it’s important to have someone in your corner dedicated to fighting for your rights. At Fort Lauderdale Criminal Defense, we will go to bat for you against prosecutors and will petition the court for the charges against you to be reduced or dismissed entirely.

Reach out to us today for a consultation to learn more about your legal options after being charged with a prescription drug crime. Call now at 954-400-5000.

Potential Defenses Against Money Laundering — A White Collar Crime

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What You Need To Know About White Collar Crime

Money laundering, the mainstay of White Collar Crime, is a serious charge. If convicted, you can spend years in jail, depending on how much money was involved. Also, you will have a permanent criminal record, be ordered to pay high fines, and more.

In order to defend yourself against these charges, it’s critical that you work with a seasoned criminal defense attorney. Here are some examples of successful defenses against money laundering charges and how to protect your rights under the law.

Not Enough Evidence

A common defense is that there’s not enough evidence to convict you beyond the shadow of a doubt. To prove money laundering, the illegal funds are traced to their original source. Additionally, you must prove that the original source was an illegal activity. This is often difficult for prosecutors to do.

Coercion

If you or your family were threatened with death or bodily by another person participating in the crime, you can argue that you committed the crime under duress. Depending on the circumstances of your case, there is a small possibility that the charges are dropped completely when arguing duress. But, more often than not, a successful duress argument results in reduced charges.

You Did Not Intend to Launder Money

As with any crime, it is necessary for prosecutors to prove that you intended to commit the crime. In fact, in the absence of intent, it’s difficult for the charges to stick. In some cases, a person who launders money is not aware that the source of the money was an illegal activity. If you are unaware of what was happening or you had no intent to launder money, you could have the charges dismissed.

Seasoned Criminal Defense

All of these defenses against money laundering — and more — require a seasoned criminal defense lawyer. The attorney will help you gather the evidence to strengthen your case and combat the evidence presented against you by the prosecution. At Fort Lauderdale Criminal Defense, we believe that the Constitution affords everyone the right to a strong defense, no matter the crime. We commit to presenting your case in the best possible light to increase your chances of a dismissal or reduced charges.

Call today for a consultation to discuss the specifics of your case during a consultation at 954-400-5000.