Miami Criminal Lawyer Blog

Absent-Mindedness vs Criminal Intent in Florida Shoplifting Cases

Absent-Mindedness vs Criminal Intent in Florida Shoplifting Cases As Miami criminal defense attorneys, we regularly hear from distressed clients who say they simply forgot to pay for an item before leaving a store. While this may sound like an excuse, absent-mindedness can lead to genuine mistakes that shouldn't result in criminal charges. Understanding Criminal Intent in Florida [...]

By |October 24th, 2024|Categories: Shoplifting, Shoplifting / Retail Theft|Comments Off on Absent-Mindedness vs Criminal Intent in Florida Shoplifting Cases

Return Fraud in Miami: Understanding When Returns Become Criminal Charges

Return Fraud in Miami: Understanding When Returns Become Criminal Charges We regularly represent clients charged with retail theft related to return fraud. What many shoppers view as "bending the rules" can actually result in serious criminal charges. Here's what you need to know about return fraud and how it can lead to theft charges in Florida. Common [...]

By |October 22nd, 2024|Categories: Shoplifting|Comments Off on Return Fraud in Miami: Understanding When Returns Become Criminal Charges

The False Narrative Surrounding Amendment 3: Debunking the “Home Grow Ban” Myth

The False Narrative Surrounding Amendment 3: Debunking the "Home Grow Ban" Myth Editor’s note: This article was published before Florida’s November 2024 election and discusses that year’s Amendment 3. The proposal received 55.9% support but was defeated, according to the official election results. The discussion below addresses the proposal and campaign claims as they stood before that vote. We [...]

By |October 16th, 2024|Categories: Criminal Justice Reform, Florida Law, The Drug War|Comments Off on The False Narrative Surrounding Amendment 3: Debunking the “Home Grow Ban” Myth

Violations of Domestic Violence Injunctions in Miami-Dade County

Violations of Domestic Violence Injunctions in Miami-Dade County If you've been granted a domestic violence injunction in Miami-Dade County, you should know how to report a violation and seek enforcement. Florida law provides a process involving the clerk, the court, prosecutors, and law enforcement. Our attorneys help petitioners seeking enforcement and respondents accused of violating an order. If an [...]

By |October 1st, 2024|Categories: Domestic Violence, Injunctions for Protection, Uncategorized|Comments Off on Violations of Domestic Violence Injunctions in Miami-Dade County

First Appearance and Bond Hearings in Miami

First Appearance and Bond Hearings in Miami If you or a loved one has been arrested in Miami, you're likely feeling overwhelmed and uncertain about what comes next. One of the most critical stages in the early part of your case is the first appearance hearing, also known as a bond hearing. As experienced criminal defense attorneys, we've guided [...]

By |September 25th, 2024|Categories: Criminal Law, Florida Law|Comments Off on First Appearance and Bond Hearings in Miami

Posting Bail in Domestic Violence Cases

Posting Bail in Miami Domestic Violence Cases If you or a loved one has been arrested for domestic violence in Miami, you're likely feeling overwhelmed and uncertain about what comes next. One of the most pressing concerns is how to secure release from jail. As experienced Miami domestic violence defense attorneys, we've guided countless clients through the bail process. [...]

By |September 23rd, 2024|Categories: Domestic Violence|Comments Off on Posting Bail in Domestic Violence Cases

When Self-Defense Leads to Domestic Violence Charges

When Self-Defense Leads to Domestic Violence Charges You're at home, minding your own business, when suddenly an argument with your partner escalates. Things get physical, and you find yourself defending against an attack. In the heat of the moment, you push back or strike out to protect yourself. The next thing you know, the police are at your door, [...]

By |September 18th, 2024|Categories: Domestic Violence|Comments Off on When Self-Defense Leads to Domestic Violence Charges

New Florida Domestic Violence Laws for 2024

New Florida Domestic Violence Laws for 2024 As Miami domestic violence defense attorneys, we help clients understand changes in Florida law. In 2024, Florida enacted new lethality-assessment requirements and created the Hope Card Program for people protected by qualifying final injunctions. These changes affect police investigations and access to protective-order information, while preserving the rights of people accused of [...]

By |August 22nd, 2024|Categories: Domestic Violence, Florida Law|Comments Off on New Florida Domestic Violence Laws for 2024

Court Rules Geofence Warrants Unconstitutional

Fifth Circuit Rules Geofence Warrants Unconstitutional in Landmark Decision On August 9, 2024, the U.S. Court of Appeals for the Fifth Circuit held in United States v. Smith that the geofence-warrant process before it violated the Fourth Amendment’s ban on general warrants. The court nevertheless upheld the convictions under the good-faith exception. This article explains that decision and the [...]

By |August 19th, 2024|Categories: Electronic Evidence, Fourth Amendment, Privacy|Comments Off on Court Rules Geofence Warrants Unconstitutional

Defending Against VAWA and False Domestic Violence Accusations

Defending Against VAWA and False Domestic Violence Accusations As criminal defense attorneys in Miami, we investigate the evidence behind disputed accusations. If you’re facing domestic violence charges, specific statements or conduct may raise questions about whether an expected immigration benefit affected the accuser’s account. Immigration status alone does not show that an accusation is false. The Hidden [...]

By |August 15th, 2024|Categories: Domestic Violence|Comments Off on Defending Against VAWA and False Domestic Violence Accusations