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

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.

 


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

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?

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?

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 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?

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 these 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?

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?

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 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 Crime Allegations?

You could be under suspicion in relation to white collar crime, 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.

Being accused of a white collar crime 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 crime 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 crime 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.


What Does an Accused Person Need to Know About the Florida Grand Jury?

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

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

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

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


Understanding 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.