Do You Have A Right To Remain Silent In Florida?

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 rights 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 rights 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

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?

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?

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.