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.

 

What Does It Mean to Say That You Are a Target for White Collar Crimes Allegations?

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White Collar Crime

You could be under suspicion in relation to white collar crimes, but this does not always mean that you’ll end up with criminal charges pressed against you. Knowing the difference between the different kinds of claims can make a big difference in how you proceed with your case.

Target for White Collar Crimes Allegations

Being accused of a white collar crimes is a situation requiring immediate insight from an experienced white collar crime defense attorney. Many people are confused about the terminology related to white collar crime and one such term is a target. In many cases, white collar crimes investigations are initiated by an assisting United States attorney.

The prosecution team can also be assisted by a grand jury and these citizens have the power to subpoena people to appear before them, to turn over documents or to answer questions. Furthermore, the grand jury can issue indictments. Once an individual has been named as a target in a white collar crime investigation, the prosecutor has likely already made a decision that the individual is guilty and the prosecutor has then turned his or her attention to collecting strong enough evidence to indict this person on white collar crimes charges. A witness is not yet under any suspicion but could have information of interest to the grand jury.

A subject is classified as somewhere in between a witness and a target. That person might have engaged in questionable or unethical conduct, but the prosecutor might not be certain that a provable crime has been committed. For that purpose, the prosecutor might carry out an additional investigation. If you believe that you have been named as a target in a white collar crime investigation, talk to a Florida criminal defense attorney immediately about the best way to prepare a thorough strategy to manage both the investigation and any related criminal charges.

Understanding White Collar Criminal Allegations in the State of Florida

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White Collar Criminal Allegations in the State of Florida

Facing any type of crime should prompt you to retain a criminal defense attorney immediately, but it is also extremely important to recognize when white collar crimes can have a damaging impact on your future. It is a huge mistake to assume that because you are under investigation for a white collar crime, that you can ignore this matter. The penalties for nay white collar crime in the state of Florida can be steep, depending on the amount of money allegedly involved and the nature of the crime.

You could be facing felony or misdemeanor charges and time in jail and fine may be applied even with first degree and second degree misdemeanors. There are many different types of white collar crimes and many fall under the general umbrella or fraud. White collar crimes are typically committed for financial gain and are nonviolent crime.

They can include insurance fraud, forgery, credit card fraud, Medicaid fraud, money laundering, embezzlement and more. Even being accused of a white collar crime can have a significant impact on your future and understanding appropriate defense strategies for white collar crimes is critical.

The right defense, and being able to get your lawyer involved in the process as soon as possible, are both very important for you to be able to fight back when accused of a white collar crime.

The elements of evidence in the crime must be looked at and there may be evidence or pieces in the case that need to be viewed differently. There are many different documents typically included in the discovery package, making it all the more important to retain a criminal defense attorney in Florida who is highly knowledgeable about responding to white collar crime allegations. You deserve to have an attorney who has represented others in this situation before and has helped to protect the victim as well as the reputation.   

What to Do If You’re Falsely Accused of Domestic Violence?

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Falsely Accused of Domestic Violence

Being accused of any crime is an unwelcome experience, but being accused of domestic violence can have far-reaching implications for you and your family. You must be prepared to know what to do if you have been falsely accused of domestic violence.

Being able to handle the situation in a calm manner can make a difference between enjoying a free and happy future or facing jail time. The sooner that you schedule a consultation directly with an experienced criminal defense attorney, the better position you will be in to proceed with protecting your best interests.

The first thing to do after being falsely accused of domestic violence is to remain calm and to contact an experienced domestic violence defense attorney. It is strongly recommended that you avoid contact with your accuser during this time period, even if you believe that the situation is a simple misunderstanding.

The truth is that if the other party has gone after a restraining order against you, or is accusing you of harassing him or her, this information could be used against you if you try to reach out to resolve the issues on your own. The support of an experienced criminal defense attorney can help you to avoid some of these costly mistakes that could end up leaving you behind bars. It is far better to get the support of a lawyer who understands how an allegation of domestic violence cannot only affect your freedom and the possibility of a criminal record, but also your overall reputation and character.

Don’t let a domestic violence allegation turn your life upside down. Make sure you have a criminal lawyer who will uncover all the evidence possible to support you.

 

What You Should Know About Florida’s Most Commonly Charged Violent Crimes

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Florida’s Most Commonly Charged Violent Crimes

Violent crimes involve criminal offenses, using violence or the threat of force. They may also even involve the mere threat of force or violence, even if that threat was not pursued by the person accused. The term violent crime in the state of Florida covers a broad spectrum of offenses, including simple assault, sexual assault, aggravated assault, murder and robbery. Violent crimes can happen in two ways.

First of all, they may happen where violence is the primary objective of the crime, but they can also occur when the violence is seen as a means to an end. One of the most common types of violent crimes alleged in the state of Florida is assault. Assault means that if there was an intentional threat or use of force against another person, that actual contact does not need to occur in order for the person to be effectively charged with assault.

Assault is often charged as a misdemeanor but it can also be elevated to the felony level. Battery is another common violent crime that is similar to assault, except it requires that actual physical contact occurred between the victim and the suspect, or between the victim and a weapon.

In more than half of all the robberies that occur, a victim is confronted with a weapon, such as a gun or a knife.

The primary use of this weapon is to instill fear. But someone who has been accused of a violent crime with the commission of a weapon may face much higher penalties and outcomes. Sexual assault is a form of forcible rape, or non-sexual contact that may also be charged as a violent crime.

The most serious of all violent crimes charged across Florida and the remainder of the country are those involving homicide, such as manslaughter and murder. If you are facing any of these types of charges, it is imperative that you consult with a criminal defense attorney sooner rather than later to figure out your next steps and how to protect yourself.     

Scheme to Defraud in Florida: What You Must Know

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Scheme to Defraud in Florida

Understanding a scheme to defraud in Florida — if you have recently been accused of a scheme to defraud in Florida, it is imperative that you retain experienced legal representation as soon as possible. There are three primary elements associated with a violation of Florida Statute 817.034, also known as a scheme to defraud. The first is that the accused person must have engaged in an ongoing or systematic course of conduct, with the intent to obtain property or defraud one or more persons, through fraudulent representations, pretenses or willful misrepresentation.

Organized fraud is punished very severely, because it is committed when a person actually obtains another person’s property associated with a scheme to defraud. This is distinct from the allegations associated with communications fraud. Communications fraud is committed when an individual communicates with a person by telephone, the mail or electronic means with the intent to obtain property fraudulently. The penalties for organized fraud are based on the value of the property that was actually obtained during a scheme to defraud. The penalties can — the penalties are associated with whether or not the property involved was less than $20,000, valued at between $20,000 and $50,000 or valued at $50,000 or more.

Organized fraud of $50,000 or more can carry thousands of dollars in fines and up to 30 years in prison or probation. These serious consequences associated with organized fraud make it all the more important to hire an experienced criminal defense attorney immediately.

Any serious criminal allegation holds the potential for you to face penalties including time behind bars. If you want to avoid these situations, it’s best to talk directly with a lawyer who will help you protect your life going forward.

Do I Have Any Defenses to Driving with a Suspended License?

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Defenses to Driving with a Suspended License

If you have recently been informed that you are being accused of a crime or another violation associated with driving with a suspended license, you need to take action quickly to figure out the most appropriate way to proceed. There are possible defenses to driving with a suspended license, but you need to take action immediately and hire a lawyer who has been practicing in this field for numerous years.

It can be hard to figure out what to do next when you find yourself in this situation, but the support of an attorney who can help you raise a compelling defense could help you avoid serious consequences. Many strategies and defenses may be available to help you defeat a suspended license charge or to decrease the potential penalties. Examples include:

·      The accused person was not driving at the time.

·      There were legal challenges to question the validity of the traffic stop.

·      The Florida driver’s license had been reinstated or there was adequate reason to believe that it had been reinstated at the time the person was pulled over.

·      The vehicle was not classified as a motor vehicle for the purposes of the Florida driver’s license statute.

·      The accused was not driving on a public highway at the time.

·      The accused did not know the cancellation, suspension or revocation.

When there are no viable defenses available to a charge like this, your criminal defense attorney should look to renegotiate with the prosecution or have the charge amended to no valid Florida driver’s license. This can often happen when you have a minimal driving record to begin with or in which you get a valid Florida driver’s license prior to going forward with trial. An experienced attorney is there to help you for the duration of your claim and you should never minimize the potential consequences of being accused of a crime involving driving on a suspended license. The consequences can be severe. 

 

Stay Safe During a Fort Lauderdale Spring Break

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Fort Lauderdale

Police officers are gearing up for a busy spring break season where there is more attention directed to criminal activity.

Fort Lauderdale spring break brings plenty of tourists and visitors to the area. However, it can also increase the chances that someone may be hurt in a serious accident or accused of a crime.

Unfortunately, police officers are on the lookout for alleged crimes due to wanting to protect the tourists visiting the area. Someone could find themselves in hot water being accused of a crime when they had nothing to do with the incident in question and to avoid a negative situation like this, you should hire an experienced Leah criminal defense attorney as soon as possible.

Stay Safe During a Fort Lauderdale Spring Break

One easy way to find yourself facing criminal charges could be by failing to follow simple rules in place. For example, Fort Lauderdale prohibits alcohol on any sandy portion of the beach as well as adjoining property. It is also considered a crime to disturb sea turtles or their nests. Many of the police departments in these areas throughout Florida, that are popular locations for spring breakers will have a frequently asked questions tab on their website.

Obeying the local rules of an area is extremely important whether you live in Florida year-round or whether you are simply visiting for a vacation. Consulting with an experienced criminal defense attorney should be your first strategy to handle any allegations of charges. If a situation got out of control or if you were not familiar with the laws at the time of being accused, you still have rights that need to be protected.

If the police violated your rights and tried to accuse you of a crime, you need to be prepared to fight back even if you do not live in Florida. It is a big mistake to ignore criminal charges because you assume that you are not a resident and that you will be able to avoid this situation. It is very important to have an attorney on your side who can help you fight back and protect your rights.

 

Florida Prison Population Expected to Increase

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Florida Prison Population Expected to Increase

If you have recently been accused of a crime in the state of Florida, you need to empower yourself by hiring an experienced Leah criminal defense attorney. According to a report that was recently commissioned by the Florida Senate, the state may have a problem if prison reform is not addressed by the government in coming years. The present population across the state is anticipated to increase as a result of this completed report. The report is known as Data Driven Solutions to Improve Florida’s Criminal Justice System.

Prison Population

More pressure on prisons could lead to staff and bed shortages. It’s also been linked that when more people are inside a prison that further problems regarding conditions and violence may emerge. Some are using the growth in the future prison population in Florida as a call to action for prison reform.

It was carried out by the Director of Policy and Campaigns with the Crime and Justice Institute, The Department of Corrections and the state court system. They found that the prisoner population throughout Florida had increased significantly in last 40 years, more than 370% since the 1970s. The initial report found that the prisoner population has fluctuated around the 1,000 mark during the last ten years. Although the state’s prison population has been on the decline in the last couple of years, low level offenders have benefitted by having procedures in place to assist those on probation. Even with that decrease, two factors have largely offset the efforts to assist low level offenders.

The first is the length of the sentence applied and the second is the amount of time that people end up serving on these sentences. Florida sentence lengths have increased by more than 20% and the amount of time served in the sentences have also increased, putting additional pressure on the prison system that could lead to significant problems in the future if it is not addressed by criminal justice reform. If you have recently been accused of a crime, you can benefit from talking to an experienced lawyer. Long-term problems might lead to more money being spent on the prison population or having to build new prisons.

WalletHub Study Shows That Fort Lauderdale is the Least Safe of 182 Metro Areas in the United States

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WalletHub Study

If there’s an inkling that a place is unsafe and citizens begin complaining to the police, the authorities might pursue alleged crime more zealously. Every person who is accused of a crime, however, does maintain some rights in the U.S. If you’re a citizen or legal resident and were the victim of the police taking things too far in the name of fighting crime, this information might come front and center in your criminal defense case. 

182 Metro Areas

According to a new study completed by WalletHub, Fort Lauderdale comes in dead last in the ranking of the safest metro areas across the country. More than 180 cities were included in this but the primary factor that influenced this ranking was the high rates of traffic fatalities.

The WalletHub looked at multiple ways that an individual might feel insecure or threatened: home and community safety, natural disasters, and financial safety. The home and community safety category looks specifically at various types of crime including murder. If people believe that crime rates are high, they may be hesitant to move to that area or put their children in school there. But it might also lead to the police cracking down on any potential instance of crime. If you’ve been wrongly accused, you need a lawyer. 

Fort Lauderdale came close to the bottom of the list as it related to traffic fatalities per capita but it was also one of the worst cities for financial safety. The implications of this study may affect people who have been accused of crimes. If there’s a perception that an area is less safe, the police may crack down on alleged crimes more significantly and they can pursue these allegations zealously.

Since there are so many different factors that could influence the outcome of your criminal case, you need to ensure you have a Fort Lauderdale criminal defense attorney who has a track record of successfully representing people who have been wrongfully accused. There’s a lot on the line when police officers and victims believe that there is a high risk of criminal activity and if you have been wrongfully accused, you need to respond promptly.