Domestic Violence Charges Attorney

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

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

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

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

What Happens If You’re Found Guilty?

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

Call Our Office For Help Today

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

First Time Criminal Offender In Florida

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

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

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

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

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

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

1. Charges Can Be Dropped or Reduced

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

2. Avoiding Conviction

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

3. Sealing or Expunging of Record

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

4. Pretrial Diversion

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

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

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

1. Stop your car at a safe location

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

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

2. Follow police instructions

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

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

3. You have the right to remain silent.

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

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

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

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

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

Know Your Right to Remain Silent When Charged With Criminal Cases

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

Invoking the Right to Remain Silence and Police Protocol

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

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

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

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

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

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

Learn More About Your Right to Invoke Silence Through an Attorney

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

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.

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:

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.

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.

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.

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.   

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.

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

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.

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.