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What You Need To Know About Probation Violations

Posted:4 years ago in Categories: Probation Violation |

Individuals who have been accused of violating their probation should seek legal counsel from a skilled Miami probation violation attorney as soon as possible. Depending on the severity of the violation, a person could find him or herself facing a number of consequences, none of which will be good for the accused individual. What is important for individuals to know, though, is that it is fairly easy for the state to prove a probation violation, particularly since an offender will not have a right to a jury trial. In addition, 1hearsay evidence is typically admissible at probation violation hearings and the standard of guilt that is used is only "a preponderance of the evidence," not "beyond a reasonable doubt."


A Brief Overview Of Domestic Violence In Florida

Posted:4 years ago in Categories: Domestic Violence |

Domestic violence is a very serious problem, not only in Florida, but all across the United States. Still, there are occasions when some individuals are falsely accused of domestic violence-related offenses, such as assault (aggravated and/or sexual), battery (aggravated and/or sexual), stalking, kidnapping and other crimes. That said, your Miami domestic violence attorney will tell you that it is imperative for accused individuals to be aware of their rights under the law and how accusations of domestic violence might affect them.  


Petty Theft In Florida

Posted:4 years ago in Categories: Criminal Defense |

According to Florida law, petty (or petit) theft is a misdemeanor. So, just what is petty theft? Simply put, it is the unlawful taking of someone else's property that is valued at less than $300. This particular type of theft is generally divided into two degrees: first degree petty theft and second degree misdemeanor. Your Miami petty theft attorney will tell you that a first-degree petty theft offense involves property that is valued at more than $100, but less than $300. Anyone who takes something that is valued at under $100 might be charged with a second degree misdemeanor. 


Search and Seizure-Investigatory Detention

Posted:4 years ago in Categories: Criminal Defense |

“An investigatory detention occurs when an officer makes an official show of authority from which a reasonable person would conclude that he or she is not free to end the encounter and depart.” Dees v. State, 564 So. 2d 1166, 1167 (FIa. 1st DCA 1990)


Individual Packets of Cocaine Must Be Tested Individually To Establish Weight And Not Commingled

Posted:4 years ago in Categories: Criminal Defense |

The Florida Supreme Court recently held that cocaine powder seized in individual bags must be tested in each individual bag and not mixed together in order to determine that the substance is cocaine and the total weight of the cocaine. This is distinguishable from rock cocaine, pills or marijuana, which can be mixed together and a small sample can be tested.


Constructive Possession in Drug Cases

Posted:4 years ago in Categories: Criminal Defense |

This article focuses on constructive possession in drugs cases and what the evidence must establish to prove constructive possession.


Written Threats

Posted:4 years ago in Categories: Criminal DefenseDomestic Violence |

Making a written threat to kill or do bodily injury is a 2nd Degree Felony in the State of Florida.


Aggravated Stalking Case Reduced to Misdemeanor Stalking

Posted:4 years ago in Categories: Domestic Violence |

A recent case was reduced from a felony aggravated stalking charge to a misdemeanor stalking charge by attacking the element of making a credible threat.


What Is The Difference Between Seal and Expungement

Posted:4 years ago in Categories: |

The difference of a seal vs. an expungement. Who has access to your criminal record once your case has been sealed or expunged.


Confessions: When Promises Are Made

Posted:4 years ago in Categories: Criminal Defense |

When a defendant challenges the voluntariness of their confession, the prosecutor has the burden to establish by a preponderance of the evidence that the confession was freely and voluntarily given. A confession is not regarded as freely and voluntarily given if it has been elicited by a direct or implied promise of leniency.


Dangers of Synthetic Marijuana

Posted:4 years ago in Categories: Criminal Defense |

10 High School Seniors are hospitalized after eating a brownie that was laced with synthetic marijauana called K2 Spice.


Carrying Concealed Weapon-Place of Business Exception

Posted:4 years ago in Categories: Criminal Defense |

This post examines the exemption to Florida Law that a person can carry a concealed weapon without a permit in his or her place of business. 


Improper Exhibition of a Dangerous Weapon or Firearm

Posted:4 years ago in Categories: Criminal Defense |

This post discusses the difference between improper exhibition of a dangerous weapon or firearm and aggravated assault with a deadly weapon.


Violation of Probation for Failure to Pay

Posted:5 years ago in Categories: Probation Violation |

This post examines violations of probation for failure to pay either restitution or fees.


Entrapment Defense | Miami Drug Crimes Attorney

Posted:5 years ago in Categories: Criminal Defense |

Entrapment is a defense to criminal conduct that essentially says that law enforcement created the crime by inducing or encouraging a person to commit the crime. This type of defense is most common in drug crimes, like selling or trafficking.


Degrees of Grand Theft

Posted:5 years ago in Categories: Criminal Defense |

The different degrees of grand theft. Grand theft can be either third, second or first degree depending on the value of the property or the type of property.


Determining Property Values For Theft Crime Cases

Posted:5 years ago in Categories: Criminal Defense |

For all theft crimes cases, the state must prove beyond a reasonable doubt the value of the property. But how does the state determine the value? Is the value what the property cost brand new? This post explains how value is determined in Florida theft crime cases.


Florida Theft Statute | Miami Theft Crimes Attorney

Posted:5 years ago in Categories: Criminal Defense |

Florida statute 812.014 in its entirety. 


Internet Mugshots: How To Remove

Posted:5 years ago in Categories: |

Internet mugshots are big business. Websites are popping up everywhere with mugshots of individuals arrested. Here is one way to remove them.


Prescription Drug Crimes

Posted:5 years ago in Categories: Criminal Defense |

It is illegal in Florida to possess a drug without a prescription from a licensed doctor or medical professional with license to prescribe. These crimes carry significant negative consequences, everything from prison to deportation for non U.S. citizens.


Florida Crime is Down

Posted:5 years ago in Categories: Criminal Defense |

Guilty Plea in Hit & Run Fatality Case

Posted:5 years ago in Categories: Criminal Defense |

Andres Romero was sentenced to one year in jail and followed by 10 years of probation for the fatal hit and run accident that claimed the life of Theodore Hill.


Technical Violations of Probation

Posted:5 years ago in Categories: Probation Violation |

Information on violating probation with a technical violation.


Possession of Marijuana-Cannabis

Posted:5 years ago in Categories: Criminal Defense |

 Marijuana possession is a fairly common misdemeanor crime in Miami, Florida. This post is about the level of different marijuana crimes and possible penalties.


Consequences of Accepting a Plea Offer in a Domestic Violence Case

Posted:5 years ago in Categories: Domestic Violence |

What are the possible consequences to accepting a plea offer in a domestic violence case?


Misdemeanors | Criminal Defense Attorney Miami

Posted:5 years ago in Categories: Criminal Defense |

Misdemeanor crimes are the lowest level of crimes in Florida. Maximum punishment is one year in jail.


Arrested While On Vacation In Miami | Criminal Lawyer in Miami

Posted:5 years ago in Categories: Criminal Defense |

If you have been arrested for a criminal offense in Miami your case can be resolved and in many cases, without you having to come back to Florida to attend court.


Petty Theft & Shoplifting

Posted:5 years ago in Categories: |

Information about shoplifting crimes in Miami, Florida including penalties for either petty theft or grand theft.


My Philosophy to the Practice of Criminal Law

Posted:5 years ago in Categories: |

The philosophy of my practice.


Domestic Violence Definition

Posted:6 years ago in Categories: Domestic Violence |
Definition of domestic violence as written in Florida law.

Arrest Warrants - Bench Warrants

Posted:6 years ago in Categories: |

Huge backlog of arrest warrants challenges South Florida police agencies


Aggravated Child Abuse

Posted:6 years ago in Categories: Criminal Defense |

A two-year-old boy was beating to death in Miami. Aggravated Child abuse is legally defined as "knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child."

Visit my child abuse page for more information.


Prostitution Sting Operation

Posted:6 years ago in Categories: |
Sting operation in Palm Beach nabs 26 suspects.

Possession of Synthetic Cocaine

Posted:6 years ago in Categories: Criminal Defense |
Florida has made it illegal to possess synthetic cocaine, which is sold as bath salts, but act like cocaine and LSD when ingested or snorted.

Armed Burglary with a Firearm

Posted:6 years ago in Categories: Criminal Defense |

Suspects arrested in burglary at Kissimmee home. News article from Orlando Sentinel.


Miami Murder Attorney

Posted:6 years ago in Categories: |
Miami man charged with two counts of second-degree murder and one count of attempted second-degree murder. Second-degree murder is when a killing occurs as a result of an act imminently dangerous to another and that act demonstrated a depraved mind with disregard for the value of human life. This is legally defined as conduct that a normal person would know that what they are doing will be reasonably likely to kill or produce serious bodily injury, is done from ill will or evil intent and the act demonstrates and indifference to human life. If someone you know has been charged with second-degree murder please contact me today for a free confidential consultation.

Florida Gun Crimes and 10-20-LIFE Firearm Statute

Posted:6 years ago in Categories: Criminal Defense |
Florida legislature wants to pass more laws to allow private citizens to have more gun freedoms. As a criminal lawyer in Miami, I defend people charged with gun crimes, including the very strict 10-20-LIFE statute. If you or a loved one is being charged with a gun crime please contact me.

Arrested While on Vacation in Florida

Posted:6 years ago in Categories: Criminal Defense |
South Florida attracts many tourists because of its warm weather and popular nightlife.  However, tourists, just like locals, can get in trouble and are frequently arrested for a variety of criminal offenses.  If you were arrested recently continue reading to find out how a criminal attorney in Miami, like myself, can help you fix this problem.

Possession of Marijuana & Cannabis Drug Crimes

Posted:6 years ago in Categories: Criminal Defense |
The Florida legislature is going after synthetic weed to make it as illegal as the real thing.  Right now possession of marijuana under 20 grams is a misdemeanor and above 20 grams becomes a felony and, depending on quantity/weight, can become marijuana trafficking.  I defend people charged with marijuana possession and cannabis trafficking in Miami and throughout Florida.  Visit my drug crimes page for more information and contact me if you or a loved one is facing a marijuana charge.

Florida Burglary Law - Burglary Defense Lawyer in Miami

Posted:6 years ago in Categories: |
A discussion about burglary crimes in Miami and throughout Florida including possible sentences.

Aggravated Battery

Posted:6 years ago in Categories: Criminal Defense |
I came across this story on msnbc.com about a woman in Wisconsin who bit off the tongue of her husband.  She is charged with mayhem-domestic violence.  It's a very strange story.  In Florida, this person would be charged with Aggravated Battery, which is a third degree felony punishable by a max of 5 years in prison.  As a domestic violence attorney in Miami, I represent individuals charged with domestic violence throughout Florida.  For more information about domestic violence in Florida check out this page: http://www.jimenezlegal.com/practices/miami-criminal-defense-attorney/domestic-violence/

What is the cost for a Florida expungement?

Posted:7 years ago in Categories: |

Information about Florida expungement costs. I am a Miami Expungement attorney and I handle expungements and record sealings in Miami and throughout Florida.  For more information about expungements or record sealing in Florida please visit my main expungement page at:http://www.jimenezlegal.com/practices/miami-criminal-defense-attorney/expungement-sealing/


How to Get a Restraining Order

Posted:7 years ago in Categories: Restraining Order Attorney |

This blog post is about the steps and requirements to getting a Florida restraining order.  As a restraining order lawyer in Florida, I have represented individuals trying to get a restraining order and individuals defending against a restraining order.  During my years as a Miami prosecutor, I prosecuted individuals that violated the terms of the restraining orders.  I am very familiar with the process and I can assist you if you are trying to get a restraining order or need to defend against a restraining order.  Read this blog post for steps to getting a restraining order.  For more information please visit my main restraining order page at: http://www.jimenezlegal.com/practices/miami-criminal-defense-attorney/restraining-order/


Expungement of Criminal Records

Posted:7 years ago in Categories: |

Steps and requirements to expunge your criminal record in Florida.  I am a Miami Expungement attorney and I handle expungements and record sealings in Miami and throughout Florida.  For more information about expungements or record sealing in Florida please visit my main expungement page at:http://www.jimenezlegal.com/practices/miami-criminal-defense-attorney/expungement-sealing/


Criminal Court Process

Posted:7 years ago in Categories: Criminal Defense |
This blog entry is about the criminal court process in Florida but concentrated on what happens in Miami-Dade courts. I practice criminal defense in Miami and throughout Florida. For more information about criminal defense please visit my main criminal defense page at: http://www.jimenezlegal.com/practices/miami-criminal-defense-attorney/