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    • Deadlocked Juries in South Florida Criminal Cases

      Introduction Not all criminal cases tried to a jury in Florida end with a “guilty” or “not guilty” verdict. Sometimes, the jury will “deadlock,” which means that the jury will be unable to arrive at a ...

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    • When Can (or Should) I Retain a Lawyer in a Criminal Case?

      It should be common knowledge that having the assistance of an experienced criminal defense lawyer can mean the difference between an acquittal and a conviction. Defendants represented by counsel ...

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    • Defects in the Complaint or Information Do Not Warrant Dismissal in All Cases

      How many times have you heard of a criminal case or traffic ticket being tossed out because of a “technicality”? That is, the facts about a particular situation would otherwise indicate a person is ...

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    • Appealing Your Drug Conviction

      Drug crimes are some of the most aggressively prosecuted federal offenses that a person can be charged with. Convictions also tend to have especially devastating consequences for defendants, as they ...

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    • The Federal Criminal Justice Process

      There are a variety of steps involved in a federal prosecution, all of which have an important role in the outcome of a case, so if you are being investigated for a criminal offense, it is critical to ...

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    • Appealing a White Collar Crime Conviction

      Whether due to ineffective legal counsel or as a result of the submission of illegally seized evidence, some defendants are convicted and sentenced for crimes that should have been dismissed. ...

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    • Federal Domestic Violence

      In 1994, Congress enacted the Violence Against Women Act (VAWA), which enables federal prosecutors to file charges against those who are accused of committing a violent act against an intimate ...

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    • Assault with a Dangerous Weapon

      Assault is an offense that is almost always charged in state court. However, there are exceptions to this rule, in which case a person faces federal penalties for a conviction. If you have been ...

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    • What Constitutes Assault on a Federal Officer?

      Getting into an altercation with a federal officer or employee can have serious consequences, including charges of assault. These types of cases are tried in federal court, and so tend to be ...

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    • The Elements of Credit Card Fraud

      Credit card fraud is prohibited under both state and federal law and comes with serious penalties, so if you are currently being investigated for your involvement in a credit card fraud-related ...

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    • I Got Arrested on Vacation in Florida! What Should I Do?

      From the beaches and nightlife to amusement parks and golf courses, Miami is a popular tourist destination for people around the world. However, sometimes visitors have too much fun and get themselves ...

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    • Miami Search Warrant Attorney

      Under the 4th Amendment of the United States Constitution, you are protected from unreasonable search or seizure by the police. “Search” includes the searching of your person (including pockets and ...

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    • Facing Arson Charges in Federal Court

      Those who are accused of arson are usually charged in state court. However, it is also not uncommon for a defendant to be charged with arson in federal court, which can have more serious consequences, ...

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    • Federal Stalking Laws

      Although many states prohibit stalking, only a handful address online stalking, which is also referred to as cyberstalking. Federal law, however, does address cyberstalking by prohibiting the ...

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    • Cybercrime Charges

      Computers and other electronic devices that allow us to connect to the internet have become a staple in most of our lives. Unfortunately, because so many people are online at any given time, it has ...

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    • Making False Entries in the Records of an Interstate Carrier

      Federal prosecutors only have jurisdiction over a select number of crimes, which is why most criminal matters are tried in state court. There are, however, a few specific types of offenses over which ...

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    • Advanced DNA Testing Technologies Help Police Reopen Decades Old Florida Murder Case

      In 1977, Debbie Clark was found beaten and shot to death in her Coral Gables apartment. Due to insufficient evidence at the time, the case remained unsolved for almost 40 years even though Clark’s ...

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    • The Eighth Amendment and Mitigating Circumstances in a Death Penalty Case

      Even a person who is only casually familiar with the criminal justice system likely knows that the prosecution must prove a defendant’s guilt by proof beyond a reasonable doubt. In a death penalty ...

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    • Florida's Death Penalty Scheme is Unconstitutional ... Now What?

      Just recently the U.S. Supreme Court released its decision in Hurst v. Florida and declared that the system whereby a criminal defendant is sentenced to death in Florida is unconstitutional. The ...

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    • Interstate Domestic Violence

      Almost all offenses related to assault, battery, or domestic violence fall under state law, with the exception of crimes committed against federal employees and interstate domestic violence, which is ...

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    • International Parental Kidnapping

      Federal courts only have jurisdiction over certain criminal matters, namely those that involve interstate commerce. For this reason, international parental kidnapping falls under the purview of ...

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    • Federal Firearm Possession Laws

      Possession of certain firearms or by specific individuals is prohibited under federal law. Those who are convicted of this offense face not only prison time and fines, but also permanent firearm ...

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    • Robbery Involving a Controlled Substance

      Federal robbery charges come with notoriously harsh penalties. In fact, a first time offender with a previously clean criminal record could end up spending ten years in prison, even if he or she is ...

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    • Federal Marijuana Possession Charges

      Drug possession charges are usually only filed in federal court when a case also involves allegations of trafficking, manufacturing, or selling the drug in question across state lines. This does not ...

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    • What Are Federal Drug Conspiracy Charges?

      A drug conspiracy occurs when two or more people agree to commit a drug-related crime. This offense is defined broadly and does not require either party to actually commit the underlying drug crime in ...

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  • DUI
    • Boating Under the Influence: What is the New "Probable Cause" Law?

      Can you picture yourself boating through Biscayne Bay or the Miami River on a beautiful sunny day with the perfect breeze helping you beat the heat? In this image, are you holding a Pina colada, ...

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    • What Should I Do if I Have an Active Arrest Warrant?

      Although the target of an arrest warrant is not supposed to know that he or she actually had a warrant issued for his or her arrest, sometimes the target nevertheless discovers that a warrant has in ...

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    • Voluntary Intoxication as a Defense

      A Clearwater man was recently arrested after vandalizing a home by destroying the homeowners’ mailbox. When officers responded to a report of a man destroying property, officers discovered the alleged ...

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    • Florida Embezzlement Charges

      Although most of us hear about embezzlement cases pretty regularly in the news, a surprising number of people only have a general idea of what this offense actually entails. This is especially true in ...

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    • What it Means to be Charged with a White Collar Crime

      Most people have heard of white collar crimes even if they aren’t sure exactly how they’re defined. As the name suggests, this type of offense is commonly understood as being committed by white collar ...

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    • An Overview of White Collar Crime

      The term “white collar crime” was created in the 1930’s and was used to refer to financially motivated crimes that were non-violent in nature. Because these types of offenses are considered to have ...

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    • Mishandling Hazardous or Toxic Substances

      In the 1970’s, Congress passed a series of laws aimed at protecting the nation’s water, lands, and air from uncontrolled pollution. Resulting environmental regulation was also accompanied by criminal ...

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    • Occupational Crime

      The term “occupational crime” is often used to describe certain types of white collar crimes, namely those that involve the abuse of structural workplace systems. Most people who are accused of ...

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    • Environmental Schemes

      While most people associate the term white collar crime with embezzlement or insider trading, few are aware that environmental schemes, in which fraud is used in such a way that the environment is ...

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    • Contempt of Court

      Although most people are familiar with the term “contempt of court,” many are unaware of its actual meaning. Being represented by an attorney can help prevent witnesses or defendants from being held ...

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    • Evidence Collection in Sexual Assault Cases

      Recently, the Florida Legislature passed Senate Bill 636, which makes significant changes to the law regarding evidence collection in sexual assault cases. The new law could have an important impact ...

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    • Can Your Facebook Post be Used Against You as Evidence in a Criminal Trial?

      Have you ever regretted something you posted to social media? Perhaps you overshared information that should have stayed between you and your spouse. More than one billion people use Facebook every ...

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    • Federal Stalking Laws

      Although many states prohibit stalking, only a handful address online stalking, which is also referred to as cyberstalking. Federal law, however, does address cyberstalking by prohibiting the ...

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    • Destroying or Removing Property to Prevent Governmental Seizure

      While most of us assume that we are free to do what we wish with our own personal property, the reality is that it is possible to be charged with a federal crime for destroying, transferring, ...

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    • What is Election Fraud?

      Although election fraud charges can be and are filed in state court on a regular basis, it is also not uncommon for this type of offense to be investigated and prosecuted by the federal government. ...

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    • Congratulations to Jeffrey Weiner for being selected to the 2016 Florida Super Lawyers list!

      Congratulations to Jeffrey Weiner for being selected to the 2016 Florida Super Lawyers list, an honor reserved for those lawyers who exhibit excellence in practice. Only 5% of attorneys in Florida ...

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    • Jail and Prison Deaths and Abuse

      Fact: Voters don’t know or don’t care about what goes on in our jails and penitentiaries except in the rare cases when an inmate dies and the media reports it. Fact: Courts are reluctant to interfere ...

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    • Teaching Constitutional Law at West Point, the United States Military Academy

      This week I had the pleasure and honor of teaching at West Point, the most prestigious military college in the world. A couple of years ago, Forbes Magazine named West Point (so named because it is ...

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    • What is Election Fraud?

      Although election fraud charges can be and are filed in state court on a regular basis, it is also not uncommon for this type of offense to be investigated and prosecuted by the federal government. ...

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    • What it Means to be Charged with Committing a Major Fraud Against the U.S.

      Most white collar crimes involve allegations of some sort of fraud. In many cases, the fraudulent schemes that are the basis of a charge were allegedly committed against an individual or a single ...

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    • Can Private Corporate Conduct be Prosecuted?

      Although it is surprising to many people, private individuals can be prosecuted for a wide range of seemingly innocuous business-related conduct, including failing to comply with the exact provisions ...

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    • Federal Vandalism Charges

      Although most people know that vandalism is against the law in Florida, few are aware that in certain cases, defendants can also be prosecuted in federal court for the same crime. Federal crimes tend ...

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    • Federal Hate Crimes

      Federal law prohibits U.S. residents from causing a bodily injury to another because of that person’s race, color, religion, or another protected characteristic. Those who are accused of hate crimes ...

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    • The Importance of Avoiding Gang Crime Penalties in Florida

      On a late August night, around twelve o’clock in the morning, police officers were called to a Miami home where six people had been shot in an apparent drive-by shooting. Two of those individuals died ...

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    • Miami Firefighter Dies after Drive by Shooting

      On Saturday, September 24, 2016, two individuals who had just attended the wake of another friend were shot and killed in Miami-Dade County. The incident appears to have been a drive by shooting. ...

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    • When are Florida Homicide Crimes Justified?

      In 2005, Florida expanded a person’s self defense rights when the legislature removed a provision of the law that required a threatened individual to attempt retreat before using deadly force in a ...

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    • Advanced DNA Testing Technologies Help Police Reopen Decades Old Florida Murder Case

      In 1977, Debbie Clark was found beaten and shot to death in her Coral Gables apartment. Due to insufficient evidence at the time, the case remained unsolved for almost 40 years even though Clark’s ...

      Read More
    • The Health Care Exclusion List

      Physicians, health care businesses, and other medical professionals must comply with a number of federal and state laws and regulations. Failing to comply with even one of these regulations can have ...

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    • Healthcare Fraud

      Healthcare fraud is a term used to describe the white collar crime of filing a claim with the healthcare industry in order to deprive them of funds. A number of activities fall under the broad ...

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    • Medicare Fraud Crackdown Sends South Florida Doctors to Prison

      Dr. Isaac Kojo Anakwah Thompson, M.D. of Delray Beach, Florida was recently convicted of a Medicare fraud scheme resulting in over $2 million that he has been ordered to repay. Not only is Dr. ...

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    • Utah v. Strieff: The Supreme Court's Recent Decision May Incentivize Illegal Traffic Stops

      In a recent post we discussed when a police officer may stop you on the street and how long he may question you during that stop. According the 4th Amendment, enacted as part of the Bill of Rights, a ...

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    • Why Aren't More Cops Charged for Murder in South Florida?

      Introduction A Palm Beach County law enforcement officer finds himself charged with manslaughter and attempted murder – the first time a Palm Beach County officer has faced any such criminal charges ...

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    • When Can Officers Stop You on the Street?

      In what appears to be a case involving a questionable stop by law enforcement officers, a man in Fort Myers, Florida was recently stopped and issued a ticket for allegedly “walking in the street when ...

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    • Robbery Involving a Controlled Substance

      Federal robbery charges come with notoriously harsh penalties. In fact, a first time offender with a previously clean criminal record could end up spending ten years in prison, even if he or she is ...

      Read More
    • Extortion by Force or Threat

      Most people are aware that using force to extort money or to convince a person to perform an act against his or her will is unlawful. However, according to state law, a person can be charged with ...

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    • Robberies Involving a Controlled Substance

      Although most robbery and burglary offenses are handled in state court, certain types of crimes also qualify as violations of federal law. When a robbery or burglary involves a controlled substance, ...

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    • Commercial Emails and White Collar Crime

      Most of us have been annoyed at one time or another by the presence of spam in our email inboxes. However, few are aware that sending these types of mass emails is often prohibited by federal law and ...

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    • Broward County Scam Now Nationwide Problem

      What began as a local scam has now spread across the nation and has victimized individuals as far away as Washington, D.C. and Kansas City, Missouri. Perpetrators of the scam are known as “felony lane ...

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    • Defense Against Allegations of Operating a Ponzi Scheme

      Recently, two Florida men, Barry Graham and Ricky Stokes, were sentenced to five years in prison and three years of supervised release for operating a Ponzi scheme involving vacation rentals. Federal ...

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    • Miami Stand Your Ground Attorney

      If another person is attacking you, Florida law gives you the right to use force in self-defense. In addition, in 2005, Florida passed the first Stand Your Ground law in the United States, setting an ...

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    • The "It Wasn't Me" Defense in Florida

      Next to claiming self-defense in the case of a homicide, there is probably no more familiar defense than the alibi defense. The alibi defense essentially claims that you were not present at the place ...

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    • Evidence Collection in Sexual Assault Cases

      Recently, the Florida Legislature passed Senate Bill 636, which makes significant changes to the law regarding evidence collection in sexual assault cases. The new law could have an important impact ...

      Read More
    • College Crimes: Why Mistakes and Poor Decisions can Cost you Big Time

      College is an exciting time. Not only do you meet people and gain exposure to new and oftentimes progressive ideas but also college is a place where you will make decisions that will affect your ...

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    • Bestiality in Florida

      In many legal contexts, pets and animals are considered to be the “property” of the person who owns them. For example, because pets are not “people” but are “property” under the law they cannot ...

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    • Burglary On Ice: A Chilling Overview

      When most people think of the crime burglary, the first thing that comes to their mind is a picture of an individual, dressed in all black, attempting to break into someone’s house in the middle of ...

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    • Mail Theft

      Stealing mail or obtaining it through fraud or deception is a serious federal crime and carries severe penalties. Even attempting to commit mail theft or having stolen mail, letters, or packages in ...

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    • Theft of Federal Property

      In addition to being against Florida law, theft can also qualify as a federal offense. This can have significant repercussions for defendants because federal courts tend to issue more severe sentences ...

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    • Utah v. Strieff: The Supreme Court's Recent Decision May Incentivize Illegal Traffic Stops

      In a recent post we discussed when a police officer may stop you on the street and how long he may question you during that stop. According the 4th Amendment, enacted as part of the Bill of Rights, a ...

      Read More
    • When Can Officers Stop You on the Street?

      In what appears to be a case involving a questionable stop by law enforcement officers, a man in Fort Myers, Florida was recently stopped and issued a ticket for allegedly “walking in the street when ...

      Read More
    • When Can Police Pull Me Over?

      A traffic ticket is an unpleasant nuisance that many of us have received. For some of us, a traffic ticket is the inconvenient result of a decision to break the speed limit or try and beat the red ...

      Read More
    • Federal Firearm Possession Laws

      Possession of certain firearms or by specific individuals is prohibited under federal law. Those who are convicted of this offense face not only prison time and fines, but also permanent firearm ...

      Read More
    • The Importance of Avoiding Gang Crime Penalties in Florida

      On a late August night, around twelve o’clock in the morning, police officers were called to a Miami home where six people had been shot in an apparent drive-by shooting. Two of those individuals died ...

      Read More
    • Mom Faces Misdemeanor Weapons Charge After Being Shot by Son

      A Florida mother who was shot in the torso by her son now faces misdemeanor weapons charges. The mother was driving a pickup truck with a horse trailer and had her four-year-old son in the back seat ...

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    • Money Laundering Charges Involving an Undercover Sting Operation

      There are three main types of money laundering charges: domestic money laundering, international money laundering, and money laundering involving a sting operation. The third type of money laundering ...

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    • Federal Domestic Money Laundering Charges

      Money laundering is unlawful under both state and federal law, and while charges under either law should be taken seriously, federal charges are known for having especially harsh consequences. For ...

      Read More
    • Florida Embezzlement Charges

      Although most of us hear about embezzlement cases pretty regularly in the news, a surprising number of people only have a general idea of what this offense actually entails. This is especially true in ...

      Read More
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