In Miami and Fort Lauderdale, South Florida criminal prosecutors almost always file conspiracy charges with all drug trafficking cases. It is a lazy prosecutor’s method to seek a criminal conviction under two theories: drug trafficking and an agreement to traffic in drugs. One does not need to complete the crime…
Entrapment is one of the few defenses which are “affirmative defenses”. In cases such as drug trafficking, and conspiracy to sell or deliver cocaine, an affirmative defense is a law created avoidance of the charges. It bars conviction. Entrapment is based on the due process rights created in both the…
Insanity as a defense to a criminal charge in Florida can be raised, but like any defense, such as entrapment or self defense, one must admit to the crime and then raise the defense. South Florida criminal lawyers find Florida criminal juries very reluctant to accept insanity defenses. Insanity under…
Attacking probation violation warrants starts with the basics: 1. was the alleged violation a condition of the probation sentence? 2. Did the violation occur during the probationary period? 3. Was the warrant obtained during or after probation ended? If you have an outstanding violation of probation from a Florida criminal…
Fort Lauderdale and Miami criminal courts all have special criminal court divisions dedicated solely to prosecuting cases of domestic violence. Florida criminal law defines domestic violence as any assault, battery, sexual assault or stalking, kidnapping, or false imprisonment committed on a “family or household member”….or anyone you’re dating, (or dated…
Florida criminal courts handle juveniles in a separate criminal division. A juvenile is under eighteen years old. The prosecutor can charge a juvenile in adult court and seek adult sanctions: this is referred to as a “direct file” case. The decision is entirely up to the State Attorney for the…
Since the Florida Legislature created the Drug Court Diversion program, many South Florida criminal courts have created “Drug Courts”. Here is how it works: If you have been arrested and charged with possession of cocaine, or possession of marijuana (Cannabis) or oxycodone, or other drugs (controlled substances) you can avoid…
After an arrest a detained person is brought before an impartial magistrate (a judge) and has a right to a reasonable condition of release. It is the law. The only exceptions to bail are for capital charges, armed drug trafficking, kidnapping and some federal terrorist charges. At the bond hearing…
An outstanding warrant means a trip to Fort Lauderdale, usually by jitney bus in leg irons. It can take between four and ten days, and the hotels on the way prepare you for a stay at the Fort Lauderdale jail. Not so nice. A warrant, (also called a capias if…
A client of mine in 2009 paid over $1000.00 for extradition costs when he was arrested in New York on a Fort Lauderdale violation of probation warrant and transported to jail in Fort Lauderdale. He then waited ten days in jail before he saw a judge. Fort Lauderdale and Miami…