What Not to Do when You Get Arrested

Getting arrested is highly stressful situation, and it is not surprising to find yourself unable to think clearly. However, there are several things you should not do if you’d like to avoid getting in deeper legal trouble.

The True Cost of a DUI Conviction in Florida

A DUI conviction could haunt a driver for the rest of their life. While many of the initial penalties are quite severe, not everyone realizes exactly what they will be facing in the following months and years. In some instances, a DUI can even be upgraded to a felony charge that will require a criminal defense attorney.

Being Charged with a Money Laundering Felony in Ft. Lauderdale, Florida

Being charged with money laundering is a serious offense in Ft. Lauderdale, and without proper legal representation, the consequences could be severe. This type of felony is complex, which is why you need to consult with a criminal attorney that specializes in this area of the law.

Know Your Rights!

A criminal attorney in a popular action series’ recent season underlined that an accused must have the same rights to privacy and self-incrimination as everyone else because they may be lost “sooner or later.” Though the character is fictional, his words have real-life applications. As a private citizen in need of representation, know that you are covered by various rights that allow you to build your defense and make your case.

When police officers in Florida are making an arrest, they are required to identify themselves to the person in question, then inform him properly that he is about to be taken into custody due to specific reasons or accusations. This procedure may not happen in all cases, though, for some circumstances like violent standoffs and highway pursuits, leave officers no choice but to arrest the offender immediately. 

Criminal Attorney’s Guide to Drug Crime Law

If you are charged with drugs possession, either with intent to sell or for personal use, a criminal attorney can help you determine which defense might be applicable in your case, should you decide to plead not guilty. States employ different approaches to the problem of illicit drugs in diverse ways, while the federal government more often than not, has the harshest guidelines for drug sentencing. Nevertheless defenses against drug possession are quite universal across state lines.

Basis for Hiring a Criminal Attorney

When looking for someone to help you in a criminal case, don’t risk aggravating your case by delaying or ignoring what you have to do. Your first sensible action is to consult with a criminal lawyer right away. Criminal defense lawyers are trained and educated to provide counsel to those who are charged with a crime.

A Look at the Entrapment Defense

Some police investigations can turn into actual operations to target criminal suspects. The unknowing suspect, however, may be suddenly fooled into actually committing a crime, which may have been a possible entrapment operation in the works. It is then up to an experienced Fort Lauderdale criminal lawyer to get to the truth for the sake of the accused.

Benefits of Hiring a Criminal Defense Attorney

If you have been charged with a criminal offense, such as drinking and driving, drug charges, or other blue/white collar offenses, a criminal defense attorney can help get your sentence decreased or get your charges lowered. 

A criminal defense lawyer will be able to walk you through the litigation process. This can often be a difficult period in your life, but if you have an attorney, you will know of some of your options when it comes to pleading outside of court and what you should do if you are faced with jail time. The attorney will know the court system wherein you might not be familiar with how the court operates. There could be some connections between the attorney and the personnel who work at the court, especially the District Attorney who will be prosecuting the case. This is a benefit as your attorney might be able to work out a deal with them that you wouldn't be able to negotiate on your own.

Slamming an Invasion of Privacy

Advances in technology have allowed improvements to your quality of life. On the contrary though, it may lead to devices that impinge upon your constitutional right to privacy, such as deployment of the StingRay cellphone triangulation system. You must have an experienced Fort Lauderdale criminal attorney in your corner.

In legal terms, invasion of privacy is the intrusion into the personal life of another without just cause. In the case of the surveillance tool StingRay, if it used without the sanction by law enforcement, then whoever is using it can be charged with an invasion of privacy offense.

Sex Crime Accusations: Get a Lawyer’s Help

It can be hard to be accused of a sex crime. Florida’s laws include sex with a juvenile under the offense of ‘sexual battery’, and is punished as a felony. The level of the felony determines which defenses and penalties apply to the crime.

Sexual battery is a crime that occurs when a defendant intentionally commits any of the prohibited sexual activities included in the state's sex laws. In Florida, an adult who commits sexual battery and injures the sexual organs of someone younger than 12 years old is guilty of a capital felony. Penalties include fines and life in prison; that is, offenders are required to serve at least 25 years in prison before becoming eligible for parole. Penalties vary depending on the ages of the victims. When the offender at the time of the crime was under the age of 18, the crime will be considered a life felony, punishable by a fine and jail time (not to exceed 40 years in prison).

Accused? Get Help from a Criminal Attorney

If you are accused of a crime, you’ll want to be able to prove yourself innocent or get the lightest possible sentence. The sentences for felonies and misdemeanors depend mostly on the degree of the crime. One can be sentenced to life imprisonment or death for a capital felony, or a maximum of five years for third degree felony. For misdemeanors, one can be meted a maximum of 60 days in jail for second degree misdemeanor and up to a year for first degree misdemeanor.

Getting in touch with a seasoned Fort Lauderdale criminal attorney is necessary to build a good defense. In addition to creating a unique case for your defense, a criminal attorney will also:

A Criminal Lawyer Can Help Fight Theft Accusations

Stealing has different levels. Taking a large amount of money or a valuable item from someone else could constitute grand theft. Grand theft is a serious criminal act that commonly results to felony charges, which is why contacting a seasoned Fort Lauderdale criminal lawyer is usually recommended for such cases. Grand theft or larceny can be categorized into different degrees, all depending on the severity of the crime and the amount that was stolen. The amount differs for every state, but for Fort Lauderdale, Florida, grand theft in the 3^rd degree ranges between $300 to $20,000, while 2^nd degree involves stolen property valued between $20,000 and $100,000. Lastly, 1^st degree thefts cover stolen property valued above $100,000.

Attorneys Advise to Always Remember your Rights

Being arrested can be confusing and intimidating. Criminal lawyers advise, however, that if you find yourself in such a situation, you should keep your head, and remember that you always have the right to the following:

Access to an Attorney

Immediately inform officers that you wish to speak to an attorney. When you invoke this right, police officers are legally bound to help you find an attorney. Naturally, the sooner you can get an attorney on your side, the better shape you’ll be in. With that in mind, try to keep the contact details of a respected Fort Lauderdale criminal defense attorney tucked away in your wallet.

Stop a Trial Before it Begins: Pre-Trial Motions

People often think that once they’ve been charged, they’ll eventually end up in a trial. However, that doesn’t have to be the only outcome. With a skilled criminal defense lawyer at your side, you may be able to avoid going to trial. Depending on the circumstances, your attorney may be able to file a pre-trial motion that stops a case escalating to the next step. Here are some of the reasons your lawyer can use to have your case dismissed:

Why Hire a Criminal Attorney When Served a TRO

To protect a victim of domestic violence against further harm, a court may issue an order of protection such as a temporary restraining order (TRO). Violation of such a court order can spell serious consequences for the accused, including arrest and penalties for contempt. Since, however, a TRO can be easily issued by the court for certain grounds, chances are it can be misused.

Self-Defense Is Not a Crime: Lawyers Intervene

A murder charge is a serious accusation and you don’t want to have it hanging over your head. Unfortunately, cases that involve one or more deaths tend to balance on the knife-edge as prosecution and defense go up against each other. Often, the key is in the lawyer. A suspect for murder can easily create a defense using Florida’s self-defense laws. As stated by Florida Statute Title 46 Chapter 776, also known as the self-defense law, people who believe their lives are in grave danger from another party can use lethal force and are not obliged to retreat.

Let an Attorney Guide You through Civil Litigation

Picture this situation: say you’re the owner of a company that was accused of selling a defective product. Rather than settle matters in court, the complainant demands that you pay him a huge sum of money for damages instead—something that you feel is a bit too much. You then explore your options and find other ways to reach a settlement, like providing a replacement product free of charge.

This is where’ll you need the expertise of a civil litigation attorney. ‘Civil litigation’ is a catch-all term for any legal dispute between two or more parties that result in settlements, rather than criminal sanctions. A civil litigation attorney is there to guide you through the process, from the submission of paperwork to the settlement process itself.

Standing Firm against Shoplifting Charges

Picture yourself visiting the nearby mall and simply go around checking out all the shops. However, after leaving one store, mall security or store personnel suddenly flag you down and claim you took some merchandise. Any person will see that it is humiliating to be accused of shoplifting – even celebrities like Forest Whitaker found it out the hard way. If you ever find yourself accused of shoplifting, an experienced criminal defense attorney is ready to protect you.

Innocence and Guilt Beyond Reasonable Doubt

The Bill of Rights guarantees that every accused is deemed innocent of the crime he is charged with unless evidence is presented to prove otherwise. In criminal law, we often hear the term “beyond reasonable doubt”. This is the standard or the burden of proof that prosecutors must present and defense lawyers must refute. This is also the same standard that judges and jurors must use to weigh in the evidences and testimonies presented before them to arrive at either a guilty or a not guilty verdict.

In a country of laws like the United States, prosecutors must present substantial evidence that can lead judges and jurors to no other logical explanation but deduce that the crimes have resulted from the actions of the defendant. No judicial body or court of law will ever convict a person for a crime where the prosecution banks on circumstantial evidences or on the weakness of the defense.

In our criminal justice system, considerations for conviction or acquittal are not given whether the court doubts the innocence of the accused, but whether it does not or does entertain reasonable doubt as to his guilt. Prosecutors must present strong evidence to get a guilty verdict as it needs to pass the test of moral certainty. The slightest possibility of an innocent man being convicted of a crime he may not have committed would be far dreadful than letting a guilty person go unpunished for crimes he may have done.

Appealing Wrongful Convictions

A criminal case is started, evidences are presented, witnesses give their testimonies, and the defendant is declared guilty and meted the corresponding punishment. This is a usual scenario in criminal courts all over the country. What happens, however, if the defendant is actually innocent of the crime he was accused of? Unfortunately, despite the best efforts of those in the justice system, wrongful convictions do happen.

Conviction vs. Near Miss

Researchers who have looked into wrongful convictions differentiate these from “near misses” where those who were wrongly accused of a crime were eventually acquitted or had charges against them dropped. Wrongful convictions are terrible events, particularly when the accused has already served all or part of the sentence, as no amount of compensation or apologies can take back the unwarranted punishment the accused had to go through.

Appeals Court

Those convicted of a crime can, however, appeal the verdict in a higher court. In most appeal cases, it is not the jury’s decision that is being challenged but any legal errors that might have taken place during the trial. While the lawyer who defended the accused in the trial can represent his client in the appeals proceedings, attorneys who specialize in appeals and post convictions are often called upon at this stage.

A convicted person may also ask for a re-investigation and a new trial if new evidences or developments that can point to his innocence are unearthed.