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.

How to Challenge Charges of Shoplifting

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The Lowdown On Shoplifting

Many people don’t take shoplifting charges seriously, but you have every reason to. A shoplifting charge may or may not cause incarceration. However, you will deal with fines, mandatory community service, and a permanent criminal record. If you are charged with shoplifting, don’t wait to hire an attorney. Here’s how your lawyer might challenge the charges against you.

No Intent to Steal

A primary element a prosecutor must prove in a shoplifting case is that the defendant intended to take the items. Many people actually forget to pay when they leave the store. Or, if they realized they forgot to pay for an item, they may try to return it. If the defendant had no intent to steal, then it logically follows that no crime actually took place.

Mistaken Identity

Many shoplifting cases rely on video footage of the plaintiff taking items from a store. However, surveillance footage is often grainy and it can be difficult to make out specific facial features or other identifying marks that would make it possible to match the person in the video to the plaintiff beyond the shadow of a doubt. While this defense may not always be applicable, it sometimes proves useful if a defense attorney believes they can make the jury question who was really in the video.

Discounting Witness Statements

If no video footage is available, many prosecutors will attempt to call witnesses who will say that they saw the plaintiff take items from the store. However, witness statements can often be discredited for a variety of reasons. In fact, a witness with poor vision may be considered unreliable, or there may be a witness who stands to gain something from pointing the finger at the defendant.

Take Shoplifting Charges Seriously — Contact a Criminal Defense Attorney

Don’t let shoplifting charges change your life and make it more difficult for you to get a job, obtain credit, or even rent an apartment. If you’ve been arrested for shoplifting, don’t hesitate to contact an experienced criminal defense attorney who can defend you and increase the chances that the charges against you will be reduced or dismissed entirely.

Contact Leah H. Mayersohn, Esq. at Fort Lauderdale Criminal Defense today for a consultation by calling 954-400-5000.

What to Do After a DUI Arrest

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A DUI Arrest And What Comes Next

When you see the blue and red flashing lights behind you before getting pulled over, it can feel like your heart drops down into your stomach. If you’re arrested for driving under the influence of alcohol, things just seem to get worse from there. Fortunately, what you do after a DUI arrest can play a significant role in whether or not the charge sticks. Here’s what you need to know.

Do Not Resist Officers and Do Not Answer Questions

When you’re arrested, you’ll be cuffed and placed into the back of a police cruiser. Whether you’re sober and believe you were arrested in error, you do not have the right to resist arrest. Allow the police to do their job. Also remember that you do not have to answer any questions and if you do, your words may be twisted and used against you. Instead, remain silent or say “No comment.”

Contact Your Attorney as Soon as Possible

If you do not contact an attorney right away, at some point, one will be appointed to you. However, this may take a long time, meaning that you may be in custody for longer than you wish. During that time, you’ll also be missing out on important advice regarding your situation. Instead, contact an experienced DUI defense lawyer as soon as you can in order to learn what you need to do to protect your rights after an arrest.

Schedule a Hearing with the DHSMV

The officer who arrested you should have provided you with a DUI citation, which also serves as a temporary driver’s license for 10 days. You will have to schedule a hearing with the Division of Highway Safety and Motor Vehicles in order to petition for your license not to be suspended, which is completely separate from your criminal trial. If you do not schedule and attend this hearing within 10 days, your license will automatically be suspended.

How Attorney Leah H. Mayersohn, Esq. Can Help

At Fort Lauderdale Criminal Defense, Attorney Leah H. Mayersohn, Esq. understands the special challenges you face after being arrested for drinking and driving. She’ll go to bat for you in Florida’s complicated legal system and will work hard to see that the charges against you are reduced or dropped entirely. Don’t wait — when your future is on the line, you must act quickly. Call today for more information or to schedule a consultation at 954-400-5000.

Charged With A DUI? What Next?

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Law Enforcement Stopped You For A DUI? What Happens Next?

If you’re stopped for the suspicion of a DUI, your emotions can run high and the situation can escalate pretty quickly. The good news is that you can control some of what happens by keeping your composure and ensuring that you cooperate to an extent that you do not incriminate yourself as a result of excessive nervousness and anxiety.

Remain Cooperative and Cordial

It is always best to remain cordial with law enforcement, you do not want to appear to be uncooperative, things can only get worse if you are perceived to be under the influence and also belligerent which can easily exasperate the situation. Let the officer do his or her job, do not reach for anything other than the wheel.  Keeping your hands on the wheel and waiting for the officer to make requests is important.

The officer will let you know what he or she needs and when. Once they have asked for your license and registration, you can then allow yourself to reach for the glove box or console, wherever it may be that your identification and documents are stored. Law enforcement can often be an intense job and therefore, any sudden moves are not recommended.

Do Not Overshare

When it comes to a DUI Stop, answer any necessary questions but do not volunteer any admissions of guilt. Your words, as is often repeated, can and will be used against you.  Keeping this in mind, there is no need to comment on “where and when” if the answer can be used against you.

Get Help With Your Fort Lauderdale DUI Charges

A DUI Charge will become part of your permanent record.  A DUI Conviction will become part of a permanent criminal record that will affect and follow you into your future.  It is vital to get help as early as possible so that you can begin mounting your defense against the DUI charge.  An experienced and qualified Florida DUI Attorney can go over your case details and the circumstances surrounding your arrest and strategize how best to defend you and protect your future.  Call Mayersohn Law Group for help now.

Were You Arrested For Shoplifting?

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Here’s What You Need To Know About Shoplifting Charges

Shoplifting may not seem like a serious charge compared to other criminal charges, however, if you were arrested for Shoplifting, you can rest assured that the arrest will appear on your record as would any other criminal charge. Regardless of how minimal a shoplifting charge may seem, there is potential for jail time, fines and even community service.

In addition, jail time, fines and penalties will be incremental based on the number of charges and charge classifications. Very often, an arrest is accompanied by more than one offense therefore, it is very possible that you could be faced with more charges. Due to the latter, in order to protect yourself and your future, it is important that you speak to a Criminal Defense attorney immediately in order to preserve your name, reputation, and future.

Retail Theft Charges

Shoplifting is a theft crime that is referred to as Retail Theft in the state of Florida.   Retail theft can ultimately be categorized as either Petit Theft or Grand Theft, the latter depends on the value of the stolen property as well as any prior offenses.  Depending on the value of the theft, you could be facing either misdemeanor charges or a felony charge. In addition, you may face probation or up to five years in jail as well as fines and monetary penalties. 
 

Possible Defenses to Shoplifting Charges:

  • A lapse in judgment: The defendant forgot to pay for the item before leaving the store and did not intend to steal the item.
  • You have the Wrong Guy: The defendant is not the actual person who committed the theft and this is a case of mistaken identity.

Get Help Today

Shoplifting charges can stain your record and reputation and affect your future, employment and as a result, your quality of life.  It is up to you to defend yourself and the best way to do that is to get help from an experienced Criminal Defense attorney.  Contact our office today to learn more about how we may be able to help you.

Contact Leah H. Mayersohn, Esq. at Fort Lauderdale Criminal Defense today for a consultation by calling 954-400-5000.

Do You Have A Rights To Remain Silent In Florida?

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Were You Or A Loved One Arrested In Florida?

If you have been arrested or have concerns for a family or friend, you may be interested in what your legal right are. You may have heard of the term Miranda Rights and want to know more.

Miranda Rights

Miranda warnings are often misunderstood.  Some believe that if your Miranda rights are not provided to you, your charges are not valid or that your arrest is not legal. This is not necessarily the case.  It must be understood that after your arrest if you are questioned without having had your Miranda Rights read to you, your arrest may still be legal, while the second element, the element of questioning may not be legal. When you are under arrest, if law enforcement questions you without providing you with your rights, the questioning itself is questions but the arrest may not be.

My Miranda Rights Weren’t Read To Me

If you were arrested and questioned by a police officer and did not receive your Miranda Rights, you will want to relay this to your Florida Criminal Defense attorney immediately. Any statement that you may have made while under arrest without Miranda may be considered illegal and illustrate that your statement was not voluntary. The latter can indicate that any statements that you made without your Miranda may not be used against you.

In addition, any evidence yielded as a result of the statements that you made may also be inadmissible.  The Miranda sets out your right and when provided to you states that you have the right to remain silent,i.e. “anything you say can and will be used against you”. A Criminal Defense Attorney will advise that remaining silent is a right that you have under the Miranda Warning and thus, cannot be used against you in a court of law.

Remain Cooperative While Invoking Your Rights

Always remain calm and cordial when dealing with law enforcement in any situation or circumstance, this is for your own safety. With that said, this does not mean that you have to provide additional information or cues that may ultimately result in your conviction.  It is not your job to prove your guilt.  Get help from a qualified criminal defense attorney today.

Criminal Charges In Florida

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The Consequences Of Criminal Allegations

Many situations can culminate in circumstances where one may find themselves on the wrong side of the law. Regardless of our classifications in social or societal normals. It does not matter what your level of education is, what professional title you hold, or your place of residence. Any one person can either be in the wrong place at the wrong time or be susceptible to a mistake that leads to an arrest.  Depending on what those circumstances are, it is possible to have severe fines, penalties, and imprisonment imposed on you.

Your Rights And Your Freedom

Your freedom may depend on the help of an experienced Florida Criminal Defense Lawyer.  The fact is, you cannot expect law enforcement to guide you to a favorable outcome as your interests and their interests are not the same. A qualified defense attorney will relay your rights to you, investigate and comb over all of the facts that lead to your arrest and strategize on how best to defend you.

Common Criminal Charges In Florida

Law Enforcement is tough on suspected criminals and the accused in the state of Florida. This means that you may have been in a situation or part of a situation that could be perceived as criminal activity.  The most common criminal charges in Florida are related to drug charges, including, abuse of drugs, trafficking, and possession. In addition to those crimes, DUI, Assault, and theft are commonly on the radar.

Drug crimes most notably at the center–can cause havoc on an individual.  Facing drug charges in Florida can mean that you are facing very harsh charges and even penalties that become mandatory under the law. Drug charges do not have much leniency.  The same is true for Theft Crimes which can encompass crimes like misappropriation or even conversion or larceny.

Get Immediate Assistance With Fighting Your Criminal Charges

Both Drug and Theft crimes can result in misdemeanor or felony charges, and both are incremental with the charges. It is vital that you speak to a Florida Criminal Defense Attorney immediately as both theft and drug crimes carry serious consequences that will alter your life and future. Get ahead of your defense by speaking to our office today.

What Should You Do If You’re Asked to Submit to a Roadside Sobriety Test in FL?

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If you’re pulled over on suspicion of driving while impaired by drugs or alcohol, a law enforcement officer may ask you to perform field sobriety tests. Here’s what you need to know about roadside sobriety tests and whether or not you have the right in Florida to decline them. 

Roadside Sobriety Tests Defined 

Roadside sobriety tests are meant to help officers determine if a person is driving under the influence of drugs or alcohol. During the tests, officers will look for signs of intoxication, such as the inability to maintain balance, slurred speech, or difficulty remembering how to do the test. The three standard roadside sobriety tests in Florida include: 

Horizontal Gaze Nystagmus 

A horizontal gaze nystagmus test is designed to detect the presence of temporary “shakiness” of the eyes that can be caused by alcohol or drugs. During the test, you’ll be asked to follow an object or light with your eyes without turning your head. 

Walk & Turn 

A walk and turn test involves walking in a straight line for a number of steps, heel-to-toe. The police officer then asks you to pivot and walk back in a straight line for the same number of steps. Usually, the officer will use the painted yellow line on the right side of the road for this test. 

One Leg Stand 

During the one leg stand test, you will be asked to hold your leg up with your foot just a short distance from the ground and maintain balance on the other leg for a number of seconds. The officer may ask you to repeat the test with the other leg. 

Do You Have the Right to Decline Roadside Sobriety Tests in Florida?

In Florida, it’s perfectly legal for you to decline a roadside sobriety test. 

Roadside sobriety tests are highly inaccurate and it’s typically in your best interest to decline to submit to one if you are pulled over on suspicion of drinking and driving. The results themselves are subjective, and many people have failed these tests while stone-cold sober. 

Reach Out to an Experienced Criminal Defense Lawyer Now 

If you’ve been taken into custody after a DUI arrest, it’s important that you contact a criminal defense attorney as soon as possible, especially if you failed a field sobriety test. At the Mayersohn Law Group, our office can help you challenge the validity and accuracy of the tests. Call now for a consultation at 954-765-1900.

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How Should I Handle Being Under Investigation for A White Collar Crime?

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Suspected Of A White Collar Crime?

Do you suspect that you are already being investigated for possible commission of a white collar crime? If this applies to your case, you need to be prepared with how to respond and the importance of getting experienced criminal defense representation immediately. Most people underestimate the potential impact of this investigation and panic, being willing to cooperate with investigators as soon as possible.

This is why one of the first steps you should take is to hire an attorney who has a substantial white collar or federal experience. Work with your attorney to determine what is going on. You need to get a better sense of the subject area under investigation and what happened.

Has The Government Reached Out?

If the government has already reached out to you about this investigation, be aware that already have your name and that you have some status within this investigation. Your criminal investigator could then reach out to the prosecutor or the agent assigned to the case to learn more about the government’s investigation and the government should also be informed at that point in time that you are represented by an attorney. Therefore, the agent should only reach out to your lawyer and not you.

Have You Been Subpoenaed?

It will be slightly more difficult if the government has not already reached out to you. If you heard from a former business partner, for example, that they were served with a subpoena, you might want to speak with your criminal defense attorney about whether or not reaching out to the prosecution or agent makes sense. You need to gather as much information as possible with the help of your attorney. Your lawyer should begin their own investigation as soon as possible to discover more about what the government might have and what this could mean against you.

Call For Help Today

Always let your lawyer do your talking for you. Never call up anyone involved in the investigation and begin talking to them providing any details or responses to questions that they ask. This could become especially problematic for you if you make comments that did not need to be made and put yourself in a more difficult situation. You need to have someone at your side to advise you about what to expect.    

What Should I Do If I Have Been Accused of Domestic Violence in Florida?

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Domestic Violence Charges In Florida

A fight that got out of hand or a person who is trying to place the blame on you for a heated argument that went two ways can put your individual reputation or even your freedom at risk. This is what happens when the police are called to a domestic situation or when a loved one accuses you of domestic violence in the state of Florida.

Have you been accused of the crime of domestic violence in Florida? You cannot afford to wait to get experienced criminal representation. A Fort Lauderdale domestic violence defense attorney is there to advise you about your rights and to verify the strength of the alleged evidence on the part of the prosecution.

Defending Against Domestic Violence Charges In Florida

Engaging in a Fort Lauderdale domestic violence defense lawyer immediately after being accused will give you much more peace of mind about what to anticipate and common mistakes to avoid. Unfortunately, because domestic violence is on the rise throughout Florida and around the country, there are basic guidelines you need to follow if you have been accused. What seems like a minor mistake after being arrested could haunt you for a long time. Domestic violence can include aggravated battery, sexual battery, aggravated assault, aggravated stalking, false imprisonment, kidnapping, or criminal offenses that lead to physical injury or death of a household or family member.

Wait For Guidance From Your Attorney

Do not tell the police anything about what happened when you have been arrested. Do not sign any written statements and beware that if a restraining order has been applied in your case, that you should not reach out to the victim under any circumstances. As soon as possible after you have been accused of domestic violence, you need to express your right to speak to your Fort Lauderdale criminal defense attorney immediately.

Protect Yourself

The police must provide you with this opportunity, and they might try to get you to cooperate by providing additional information directly to them, but you should not do this until you have had a chance to speak directly to your lawyer. This helps to avoid common mistakes and to protect your reputation and your freedom.

What Should My Next Steps Be if I Have Been Accused of Insider Trading?

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Investigation For a Crime

Do you know what to do if you’re under investigation for a crime? Do you understand all your options and possible next steps? If you don’t know how to react, you could find yourself dealing with serious problems. Take any charge or investigation to your criminal defense lawyer immediately.

Any type of white collar crime comes with significant consequences. This is particularly true if you have a previous criminal record. You need to take the situation seriously and retain a knowledgeable criminal defense attorney immediately if you intend to protect your freedom.

The same is true if you are accused of insider trading, one of the forms of white collar crime. Insider trading carries possibly severe consequences if you are convicted of the crime.

Insider Trading

Insider trading involves selling or buying a security by any person who has non-public or insider knowledge of that security. It can also involve passing along this insider knowledge to a person who then sells or buys this security. In order to be convicted of insider trading, you must have actually bought or sold that stock.

An insider requires a specific definition, such as an employee, officer or director of the company. The prosecution must take several steps in order to show that the actions were illegal.

For example, the prosecution must establish that the person who has been charged was given non-public information from an inside individual who knew that he or she was disclosing illegally and that the person who received the tip or information knew that this was outside the bounds of legality.

Insider trading can even extend to analysts or journalists with claims of misappropriation of information. A person, such as an analyst or a journalist might have access to sensitive details and passes this information along. An individual who receives this insider information and uses it to buy or sell a stock could be convicted of insider trading.

If you have been accused of insider trading and have already been formally charged, you need to establish a relationship with an experienced criminal defense attorney immediately.  

Will the Same Defense Strategies Be Used for Every White Collar Crime?

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White Collar Crime

Being accused of a white collar crime requires the assistance of an experienced criminal defense attorney who is very familiar with the white collar crime process. The truth is that the criminal defense strategy selected by your lawyer will vary based on the specifics of your case, but you should always retain someone who is familiar with white collar allegations and investigations.

Many different defense strategies exist for white collar crimes and your experienced Florida white collar crimes defense attorney can help you. White collar crimes tend to be less straightforward and simple when compared with violent crimes.

This means that you need an attorney who is thoroughly experienced in defending against White Collar Crime charges.

Some of the most common defense strategies available to you include alleging coercion, demonstrating lack of knowledge about the unlawful activity, illustrating lack of intent to commit a crime, focusing on poking holes in the case, particularly when the evidence brought by the prosecution is not strong, situations in which the victim might also be guilty, cases that exceed the statute of limitations, exploring plea bargain opportunities with the help of your Florida criminal defense attorney, entrapment, and more.

Your lawyer might want to have a chance to look at all the evidence and the specifics of your case before deciding which strategy is right for you. This is a good way to ensure you’ve considered all possible aspects of your plan to fight for your freedom and work towards avoiding any criminal penalties.

Choosing which criminal defense strategy is most appropriate for your case requires a careful analysis of the evidence brought by the other side and an exploration of what you need to know going forward. The support of an experienced and knowledgeable attorney is vital if you want to protect your freedom and develop a long term plan for protecting your interests.    

What Makes a Criminal Charge a White Collar Crime?

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Criminal Charge a White Collar Crimes?

Although the laws in the United States do not specifically recognize the category of crimes known as white collar crimes, this category does indeed exist and is helpful in determining the support of an experienced criminal defense attorney should you need representation in court.

Some of the most common features of white collar crimes include the lack of physical violence in committing a crime and use of deception or abuse of a position of trust. Practical considerations figure into the classification of a crime as white collar. As an example, the prosecution investigation in defense of white collar criminal cases are quite different from traditional street crime criminal charges.

It is also more likely for a defendant who has been accused of a white collar crime to get pre-trial release than when compared with a defendant who has been charged with a violent crime. This is largely due to the basic differences in the nature of the crime and the background of the defendants.

A defendant in a white collar crime case, for example, might not have a previous criminal record. White collar crimes tend to be prosecuted by some of the more senior and advanced attorneys in a prosecutor’s office because of the challenging and complex legal issues involved.

This makes it all the more important to retain the services of an experienced and knowledgeable criminal defense attorney who understands what is required in putting together a comprehensive case on your behalf. Schedule a consultation with an attorney who knows the lay of the land when it comes to white collar crimes and can advise you about how to avoid some of the most common missteps and omissions in your case.

What Are My Defense Options When Accused of Securities Fraud?

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Securities Fraud

Being accused of a violation of the Securities Exchange Act of 1934 is a serious situation. This is the first piece of federal legislation that was designed to regulate the transaction of securities and primarily focuses on a registration of statements associated with securities within publicly traded companies.

It can be very overwhelming to be accused of securities fraud, particularly since your reputation and your career may be on the line.

Various different types of securities and exchange fraud exist including insider trading, pump and dump, turning and outsider training.

Defense Options When Accused of Securities Fraud

Defense against securities fraud requires a comprehensive understanding of this aspect of the law. You need an experienced criminal defense attorney who understands how government investigations operate. You further need the support of a criminal defense attorney who is knowledgeable about crafting strong defenses regarding securities fraud charges. The prosecution typically must be able to show that the accused person recklessly or intentionally misinterpreted or omitted information and that as a result of this information, the investor relied upon it reasonably and this led to a financial loss.

However, one possible criminal defense strategy could be to show that the loss was not as a result of the information relied upon by the investor or if the defendant can show that he or she did not negligently or intentionally act. Having a knowledgeable attorney retained on your side sooner rather than later greatly increases your chances of being able to move on from a securities fraud allegation. You need to have evidence in your corner and the support of an attorney who is not scared to refute these charges and to do everything possible to protect your best interests when your future is on the line.