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.

In Defense of Those Charged With State and Federal Crimes

Those charged with criminal offenses in Florida face some potentially harsh penalties. The role of the criminal defense attorney is to protect the rights of criminal defendants and to find the best possible outcome of each case.

Let a Criminal Attorney Tell You What to Do When You Get Arrested

Whether you’ve been arrested, you know someone who has recently been arrested, or you merely want to learn about your rights should this happen to you, it’s important for you to learn essential information about your rights and how you should act to prevent yourself from encountering more legal trouble. Learn more by knowing these basic facts provided by a Fort Lauderdale criminal attorney and based on Florida law. Why You Are Under Arrest Under Florida law, police officers are obligated to identify themselves and state the reasons why you are being arrested, unless circumstances prevent them to do so.
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Arrested? Call a Fort Lauderdale Criminal Defense Attorney Quickly

If you are arrested in Fort Lauderdale or South Florida, it is best to contact a lawyer as quickly as possible. A criminal charge is serious and can have severe consequences such as jail time, and a criminal record. Getting legal help as soon as possible can make things easier for you. A lawyer may even succeed in getting the charges against you dropped, or negotiate for a lighter sentence. Here’s a brief overview of how a lawyer can help. What Criminal Defense Attorneys Do? A criminal defense attorney like Richard F. Della Fera will work hard to protect a client’s person’s rights and obtain the best possible outcome for the situation. For the unwary or inexperienced the criminal justice system is challenging to negotiate efficiently and effectively. For example, what appears to be a innocent police interview, has the potential to create bigger problems resulting in legal ramifications. Detectives often use questioning tactics that can lead you towards incriminating yourself.
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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.

I Am Under Investigation, What Do I Do?

Anyone that finds out they are under investigation must start taking steps to protect themselves and their future. While some investigations fizzle out on their own, others will lead to a criminal trial with the potential for lifelong penalties. Read ahead for a look at some tips that will help you get through a criminal investigation as quickly and painlessly as possible.

Disprove Forgery Claims through a Fort Lauderdale Criminal Attorney

Affixing signatures is one way of giving weight to official documentation for certain activities, from bank checks to something as vital as international documents. Problems are sure to arise, however, if one’s signature is affixed to a document by another person. If this is your dilemma, you must sort out this crisis with a criminal attorney such as Richard F. Della Fera by your side. Posers Beware? Florida Statute Title 46, Chapter 831 describes forgery and reviewing your case with your lawyer can help in reconciling the facts about the problem, which could be a third-degree felony. Chapter 831-1 details the various items that may be vulnerable to unauthorized reproduction, including deeds of sale, public documents detailing signatures of any government official, or bills of exchange or lading.
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Criminal Defense Attorney in Fort Lauderdale Aids in Self-Defense Raps

It is normal to want to fight back if there is clear and imminent danger to you and your loved ones. Even when a confrontation involves the discharge of a firearm, you can still prove your case before the court, and in effective fashion, with the assistance of a criminal defense attorney in Fort Lauderdale like Mr. Richard Della Fera. Certain defenses cases may prove difficult. Take Brevard County resident John Franklin Derossett’s case, for example. Trying to Shield John Torres of Florida Today writes that the suspect opened fire on three Brevard County Sheriff’s Office (BCSO) deputies who were arresting his niece, Mary Ellyn Derossett, for prostitution. The purported client was in fact an undercover agent who responded to her ad in a leading escort service listing site.
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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.

Why Its Important to Take White Collar Cases Seriously

If you have been charged with a white collar crime, you could be sent to jail for many years and required to pay a large fine. In addition, you may be forced to pay restitution to your victims and lose some or all of your professional licenses. Therefore, you need to hire an attorney who may be able to help you fight your case in a competent manner.

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. 

Local Lawyers Can Help Deal with Robbery Charges

Robbery is a serious crime. If you’re facing robbery charges, a little know-how can help a lot. Federal robbery charges may range from serious incidents like bank robberies to something less severe but no less a misdemeanor, such as a college student threatening another to give him his or her money. Two factors distinguish robbery from two other similar felonies─ theft and burglary─ and a prosecutor will have to prove them against a criminal defense attorney in Fort Lauderdale.

First is that the victim who owns or handles the property needs to have been nearby during the incident. This includes stealing a wallet from a stranger walking down the street or locking a store clerk outside to steal money from the cash register.

How a Trusted Criminal Attorney can Defend You from Double Jeopardy

The 1999 crime-thriller film Double Jeopardy, for some, might seem a plausible summary for the Double Jeopardy Clause of the Fifth Amendment. The film shows the story of a woman wrongly convicted for the murder of her husband, who was later revealed to be alive. Claiming that the Double Jeopardy Clause would protect her from further charges, she plans to kill him in broad daylight. This is where the problem lies about the film’s interpretation of the Double Jeopardy doctrine. Though it’s true that the woman cannot be prosecuted for the same crime twice, she can still be charged for (finally and truly) killing her husband, since the murder took place in a different place and time than the other murder for which she was convicted. If the movie’s take on the doctrine is faulty, then what exactly constitutes Double Jeopardy and how can you be protected against it?
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Accused of a Crime? Call in a Skilled Criminal Defense Attorney Quick

Denying the Charge The first approach a criminal defense attorney could use is to completely deny the charge. This means that your lawyer will be trying their best to prove that you didn’t commit the crime. If you’ve got solid proof that you were not involved in what they’re accusing you of, then your attorney can use it to ensure that the trial comes out in your favor. One of the best pieces of evidence is for you to show people you were somewhere else at the time the crime took place. Of course, the prosecution will be trying its best to contest these claims.
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Criminal Attorney in Fort Lauderdale: Rights When Arrested in Florida

The primary goal of a criminal attorney is to keep his client out of jail and ensure that no human or legal rights are violated. The lawyer has to determine and establish certain grounds to make sure that he wins his client’s case, among which are insufficient evidence, lack of probable cause, and erroneous criminal complaint. According to an article published at Statelaws.Findlaw.com, 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.
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Criminal Defense Attorney in Fort Lauderdale: Knowing Robbery Charges

A maximum of 20 years imprisonment awaits two robbers after a Galleria Mall heist that caused panic among shoppers in Fort Lauderdale, according to the Sun Sentinel. The day prior to the arrest, both suspects along with two accomplices reportedly barged inside the Galleria Mall, an upscale shopping center in the city, and forced everyone to get down. The police statement cited in the article also said that they used sledge hammers to smash the display cases of the Mayors store and pilfer its authentic Rolex watches and diamonds. A 30-mile pursuit ensued when the robbers left the building with a fifth suspect waiting in their getaway vehicle. The chase ended when their car crashed and the five felons fled. Only two were accosted while the remaining three are still at large.
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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.

Distinguishing the Crime of Robbery from Theft

Various movie and television scenes produce an impression that professional robbers have a thrilling, lavish life. Unfortunately, being charged with this criminal offense in reality is something no one ever really aspires to experience.

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.

Raising Doubts against Breathalyzer Results

In every Florida driver’s license is the statement, “Operator of a motor vehicle constitutes consent to any sobriety test required by law.” This means that if an officer stops you because he or she has reasonable cause to suspect you of driving under the influence, you are legally bound to take the breath test, when asked by a traffic officer, to determine your blood alcohol content (BAC). Refusal to take the test would mean the risk of losing your right to drive legally. License suspension for those charged with DUI can last for up to 12 months for first-time offenders, and 18 months for the second and third.

Best Defense: Criminal Attorney Can Help Stop a Case from Being Filed

If you have been arrested or are under investigation, the most effective strategy is to hire a criminal attorney that can immediately begin your defense through the preliminary phase of pre-filing representation to prevent charges from ever being filed at all. At this stage of a criminal defense case, there is a valuable window of opportunity to improve the situation before charges are brought. Ft. Lauderdale Criminal Defense Attorney Della Fera has a successful track record of persuading local prosecutors not to file charges, to drop charges, or to significantly reduce charges in many cases. Many people think that once the police make an arrest, charges are immediately filed. However, there is an investigation phase while the prosecution reviews the evidence, police reports… and determines how the case can proceed. During this phase, a well versed criminal defense attorney is able to advocate immediately after the client becomes aware of a problem.
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Internet Copyright Problems? Why You Need a Criminal Defense Attorney

The internet is a free space for social interactions and information archives. Oddly, however, the internet is also filled with many intellectual and creative copyright infringement cases. The copy-paste idea, along with social media practices like repost, retweet, and pin sometimes creates troubling issues for businesses and individuals alike. The idea of what is public in the Internet does not exactly denote “free” content, and the opposite is also applicable. When is accrediting the artist/writer necessary? When is “free” content really free? These are just some of the pressing issues that surrounds the world of online copyright.
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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.

Get Legal Help with Internet Copyright Problems

The Internet is a great place to get ideas. The big problem is when you copy those ideas outright. This could land you in hot water.

Fort Lauderdale companies are starting to enforce strict guidelines to ensure originality and avoid infringement issues. Often, the blurred lines of ownership for content published on the Internet does not make anyone safe from copyright issues. It is true that there are people who blatantly ignore copyright laws, but there are also those who are accused of a crime they did not intentionally do. Persons or businesses in such a situations should immediately contact a criminal defense attorney who is experienced in white collar crimes.

All around the country and the world, there has been a rise in cases surrounding intellectual property ownership for content (including photos and videos) posted on the Web. As expert sources have said, while traditionally, damages and injunctions have been the common response to the unlawful use of copyrighted materials, widespread cases have made Internet copyright infringement a growing white collar crime.

There are times when companies would use “free” content on the Internet, thinking that they have covered all legal copyright grounds, but encounter a problem when the original source steps forward. A white collar criminal defense attorney can help resolve the issue before it affects the company’s reputation.

Fort Lauderdale Criminal Attorney Gives False Testimony Cases Defense

Scientific or forensic evidence are usually reliable most of the time—or at least it should be. However, this was apparently not the case when it came to the FBI’s hair analysis process. According to the Washington Post, “The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.” 268 trials were reviewed and revealed that in a whopping 95 percent of those trials, 26 out of 28 examiners have overstated forensic matches so that it heavily favored the prosecutors. This means that, most likely, there were truly innocent people that were convicted and sent to prison with the help of these false testimonies.
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A Fort Lauderdale Criminal Lawyer Can Claim Entrapment as Defense

It is up to the police authorities to make sure that the streets are kept clean of criminal activity. Unfortunately, there are cases when these operations are orchestrated and set up to facilitate the commission of the crime, before pinning it on an unsuspecting individual. It is then up to an experienced Fort Lauderdale criminal lawyer to get to the truth for the sake of the accused. To put this into better perspective, just this month, authorities arrested four men who were thought to be smuggling cocaine worth more than $500,000 through Port Everglades. However, as reported by the Sun Sentinel, “defense lawyers for some of the men say the undercover drug sting, involving more than 44 pounds of fake cocaine, might be considered entrapment.” They argued that the law enforcement may have bribed the suspects with the promise of easy money then promptly arrested them.
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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.

Finding the Right Lawyer to Represent You

Looking for the right criminal defense attorney can be a daunting task, especially if you don’t know what qualities to look for in one. When looking for a reliable lawyer to represent your case, keep the following tips in mind:
Find a lawyer with extensive experience.

There are many lawyers in Fort Lauderdale that have experience in court, but be sure to hire an attorney that has extensive experience in the type of prosecution you are facing. He or she has to have at least a few years of experience in criminal defense and litigation.

Criminal Defense Attorney in Fort Lauderdale: Domestic Violence Claims

To prove presumed innocence, a criminal defense attorney in Fort Lauderdale need to present an effective argument. This may be done through presenting suitable witnesses that will demonstrate the prosecution’s allegations to be false. Being charged with any crime is a difficult and stressful experience. If you have been arrested or are under investigation, the best possible outcome is that criminal charges are never filed. Often, the most critical efforts are done immediately after the client becomes aware of a problem. This can include the chance to interview witnesses while information is fresh, or before they move away, or before feelings and loyalties change. Ft. Lauderdale Criminal Defense Attorney Della Fera has a successful track record of persuading local prosecutors not to file charges, to drop charges, or to significantly reduce charges in many cases.
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Fort Lauderdale Criminal Attorney for Invasion of Privacy Case Clients

Last February in Florida, a case of a robbery involving BB guns seemed to be an easy win for the prosecutors. However, according to The Washington Post, “[B]efore trial, his defense team detected investigators’ use of a secret surveillance tool, one that raises significant privacy concerns.” This led to the state judge offering the accused a plea bargain and ended up serving six months’ probation instead of two years. An experienced Fort Lauderdale criminal attorney can do the same thing for their clients. The secret surveillance tool in question is a cell-tower simulator sometimes called a StingRay. It is used to pinpoint a suspect’s location by gathering signals from their cellphone and works by forcing cellphones in its area to register with it, then transmits the phone numbers and unique electronic serial numbers to the StingRay. The phone does not even have to be in use for this to work.
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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.

Battling Sexual Battery—Help from a Fort Lauderdale Criminal Attorney

Two Louisiana high school teachers were sent to jail last October 2014 after being charged with felony charges of carnal knowledge of a juvenile, contributing to the delinquency of a juvenile, and indecent behavior with a juvenile. According to Jefferson Parish authorities, the two teachers—Shelley S. Dufresne and Rachel Respess—met with a Destrehan High School student after a September 12th football game, then drove to Respess’ apartment where the three had sex until the early morning hours of the next day. The attorney representing Respess says that she maintains her innocence throughout the proceedings.
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Work with a Fort Lauderdale Lawyer for Representation Regarding Charges with Mandatory Minimum Sentences

Marissa Alexander is a mother of three. In July 2010, Marissa fired a “warning shot” at her estranged husband, Rico Gray, who had a history of domestic violence. Despite causing no injuries and having no criminal record, Marissa was arrested and charged with aggravated assault. During the trial, Marissa pleaded self-defense and rejected a three-year plea bargain. The jury in her case convicted her of three counts of aggravated assault with a deadly weapon with no intent to harm. Due to Florida’s mandatory minimum sentence law, Marissa’s sentence was set at 20 years.
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Proving Claims of Domestic Violence

The home is often seen as a place of love and caring; however, some differences and certain circumstances become the precursor of things spinning out of control.

In the state of Florida, domestic violence is defined as any criminal offense that resulted in injury or death, committed by one household member against another. The term “household or family member” may refer to persons with blood relations or related by marriage, current or former spouses, people residing together as a family, and couples with a common child. To protect victims from the abuser, temporary injunctions or restraining orders are issued by the judge even without the presence of the liable party.

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 of Theft? Get Help from a Trusted Fort Lauderdale Attorney

An article by The Sun Sentinel states, “The deception culminated in Haas withdrawing his life savings — first $40,000, then $90,000 and finally $150,000 — to help Gina Stevens pay off a lien on a property in Chicago. She promised to repay him by selling the property.” Gina Stevens is set to testify against Matthew Stevens after pleading no contest to similar charges. In his defense, Matthew Stevens claims that he was unaware of Gina Stevens’ dealings with Haas. The defense states that although Haas is elderly, he has shown no signs of dementia or senility, and what happened between Stevens and Haas can still constitute as a consensual agreement between two adults rather than a case of grand theft and fraud.
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Criminal Lawyer in Fort Lauderdale Wins Appeal to Reduce Sentence

the intent to distribute cocaine, and two counts of aiding and abetting possession with the intent to distribute cocaine. Allegedly, nine baggage handlers at the Cyril E. King International Airport on the island of St. Thomas facilitated the distribution of nearly 100 kilograms of cocaine to the mainland of the United States. Supposedly, Dorival was found to be the lead facilitator within the conspiracy. He allegedly received numerous kilograms of cocaine from a Maleek Sylvester and directed the other baggage handlers in the smuggling of suitcases containing cocaine. Legitimate flight tags were then obtained from previously checked baggage and affixed to the suitcases containing cocaine. The court found that Dorival, as the lead baggage handler, was ultimately responsible for bringing the suitcases through the airport and onboard an airplane.
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Common Criminal Case Defenses an Attorney Might Make

In a criminal case, it’s your right to defend yourself especially if you are being falsely charged. Your criminal defense attorney might use one of these common defenses to help you establish your innocence or reduce your sentence. 

            1.       You Have an Ironclad Alibi

If you weren’t anywhere near the scene of the crime when it happened, then you have a very strong defense. Your lawyer will present evidence to prove that you were in fact somewhere else at the time of the crime through a witnesses’ testimony and other information. 

            2.      Under the Influence

If you were responsible for the crime but you were under the influence of drugs or alcohol, then your attorney can argue that you were not of sound mind when you committed the crime. This does not, however, absolve you of all the blame. You are still held accountable to some degree. 

            3.      It Was Self-Defense

Violence charges like battery, assault and murder might use self-defense as a justified reason for the use of force that led to the crime. It must be proven in court that resorting to a violent means is reasonable and necessary. 

Still, you can only use these defenses when it suits your particular case. Only a criminal defense attorney can help you determine the best defense to use.