Possession of cocaine and trafficking in cocaine criminal charges begin with the government finding and proving possession of measurable amounts of cocaine. Often Florida criminal defense attorneys must defend cases where a small or trace amount of cocaine is found, and often found not ON someone but in close proximity.…
It is against Florida criminal laws for an underage person (21) to sell, serve, possess or consume alcoholic beverages. Serving alcohol to a minor can be a felony: child abuse. If alcohol is present in the same space as a minor the law permits a presumption, albeit rebuttable, but a…
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…
Florida’s constitution is clear: the right to bond (pre-trial release) is a right, not a privilege. Our constitution says that pre-trial release (bail) cannot be denied by a judge unless he makes a finding that there are no conditions (restrictions) that can assure your appearance in court, or can assure…
Florida’s constitution is clear: the right to bond (pre-trial release) is a right, not a privilege. Our constitution says that pre-trial release (bail) cannot be denied by a judge unless he makes a finding that there are no conditions (restrictions) that can assure your appearance in court, or can assure…
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…
If you have a need to know and understand Florida’s criminal laws here is the best way to start: go the Florida’s Jury Instructions and read the jury instruction for the Florida criminal law you are interested in learning about. That’s where I start and I’ve been a criminal lawyer…
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…