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."
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.
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.
“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)
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.
This article focuses on constructive possession in drugs cases and what the evidence must establish to prove constructive possession.
Making a written threat to kill or do bodily injury is a 2nd Degree Felony in the State of Florida.
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.
The difference of a seal vs. an expungement. Who has access to your criminal record once your case has been sealed or expunged.
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.
10 High School Seniors are hospitalized after eating a brownie that was laced with synthetic marijauana called K2 Spice.
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.
This post discusses the difference between improper exhibition of a dangerous weapon or firearm and aggravated assault with a deadly weapon.
This post examines violations of probation for failure to pay either restitution or fees.
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.
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.
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 statute 812.014 in its entirety.
Internet mugshots are big business. Websites are popping up everywhere with mugshots of individuals arrested. Here is one way to remove them.
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.
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.
Information on violating probation with a technical violation.
Marijuana possession is a fairly common misdemeanor crime in Miami, Florida. This post is about the level of different marijuana crimes and possible penalties.
What are the possible consequences to accepting a plea offer in a domestic violence case?
Misdemeanor crimes are the lowest level of crimes in Florida. Maximum punishment is one year in jail.
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.
Information about shoplifting crimes in Miami, Florida including penalties for either petty theft or grand theft.
The philosophy of my practice.
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.
Suspects arrested in burglary at Kissimmee home. News article from Orlando Sentinel.
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/
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/
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/