Blogs
Paying rent for the courtroom. The “trial penalty”.
Most criminal cases in both state and Federal courts are concluded by pleas of guilty to an offense negotiated by defense counsel and the prosecutor, commonly known as “plea bargaining”. Most guilty pleas are hardly “bargains” but are necessary since there are not...
What is a Federal grand jury investigation?
A Federal grand jury is a group of citizens who, after they listen to the prosecutor and the prosecutor's witnesses, vote on whether they believe that enough evidence exists to charge a person with a crime. Don’t ever believe that grand juries are fair. They will...
What should I wear to court?
Whether you are a defendant, a victim, witness or spectator, you would think that dressing appropriately for court is a given. Not so. In my 46 years as a practicing criminal defense lawyer, I am constantly amazed at how some people dress when they come to court. I’ve...
Physicians and Pharmacists: Illegal Dispensing of Controlled Substances
The criminal defense lawyers in our law firm have represented too many physicians and pharmacists in the last few years, as the Federal government has cracked down on what prosecutors believe is over-prescribing of controlled drugs, usually pain medication. The fact...
Are Federal grand jury proceedings secret? Not really.
Federal prosecutors (called Assistant United States Attorneys or Department of Justice Trial Attorneys) want people to think that a witness before the grand jury cannot tell anyone that they have been served with a subpoena to appear before a grand jury or discuss...
What is needed to obtain a search warrant? Not much.
According to the law in every state and in the Federal courts, “probable cause” is needed before a search warrant can be properly signed by a judge or magistrate. But, the reality is that almost all judges sign search warrants after the affidavits or applications for...
What agencies investigate white collar crime?
All law enforcement and administrative agencies. White collar crimes are typically financial-related crimes such as conspiracy, fraud, health care violations, stock fraud, tax crimes, insurance fraud, etc. There are literally hundreds of Federal agencies and police...
What happens at an arraignment?
An arraignment is a formal and very brief court proceeding which typically signals the formal beginning of a criminal case whether in state or Federal court. At or immediately before the arraignment, the formal charging document is filed with the clerk of court and a...
How much time will I serve on my Federal sentence?
The typical answer is: 85% of your Federal criminal sentence. But that answer does not take into account the many opportunities to serve significantly less time in a Federal prison or custodial facility. The reality is that in most instances, unless you have a...
Jeffrey S. Weiner, P.A. Receives a Rating of 10 from AVVO
Miami’s top-rated criminal defense law firm has recently received an AVVO rating of 10 in terms of reliability, service delivery, and competency. Currently, Jeffrey S. Weiner, P.A., specializes in fraud crimes, drug crimes, federal crimes, property crimes, DUI...
Marriage Fraud
A common federally prosecuted crime is when a person knowingly marries another in order to evade any provision of our immigration laws. In a typical marriage fraud case, a United States citizen is paid to marry a foreign national in order for that person to obtain...
Endangered Species Crimes and the Lacey Act
Endangered Species Crimes and the Lacey Act Federal prosecutors actively prosecute people for violating Federal law involving the Endangered Species Act, the Migratory Bird Treaty Act and the Lacey Act. If a person imports into the United States, fish or wildlife in...
Is taking “the Fifth” (Amendment) a bad idea?
Every experienced criminal defense attorney will advise anyone who is being investigated for a crime not to talk with the investigating agents or the police. It is rare, if ever, when talking with law enforcement benefits the person who is the “subject” or “target” of...
Stopped by store security and then accused of shoplifting or theft – what do I do?
Stopped by store security and then accused of shoplifting or theft - what do I do? Dozens of shoplifting, or petty or grand theft, arrests take place every day. Under state law in almost every state, store employees are legally permitted to stop and detain suspected...
Immigration Criminal Offenses
Federal prosecutors routinely indict people with criminal immigration offenses. During the Trump Administration, these prosecutions have increased. A common criminal immigration offense is when a person who has been deported reenters the United States illegally or is...
Please VOTE!
Amy Coney Barrett is sworn in to be a justice on the United States Supreme Court by Clarence Thomas. How appropriate for Republicans. Thomas, the antithesis of the great Thurgood Marshall, took his seat. And now, Coney Barrett, a most extreme religious bigot who...
I heard that federal agents are asking questions about me. What does this mean?
I heard that federal agents are asking questions about me. What does this mean? With the guilty pleas and convictions of some of President Donald Trump’s friends many people have heard of the Federal crime of making a false statement. To be convicted, the statement...
When does the FBI decide to investigate a matter rather than the local or state police?
When does the FBI decide to investigate a matter rather than the local or state police? The great majority of criminal prosecutions are state prosecutions for violations of state law. Just as there are state laws prohibiting certain, specified criminal behavior, there...
What should I do if the FBI is investigating me or trying to contact me?
What should I do if the FBI is investigating me or trying to contact me? The purpose of an FBI investigation is to obtain evidence sufficient to establish probable cause that a crime has been committed and that an accused person committed the crime(s) charged. If the...
What constitutes the crimes of wire fraud and mail fraud?
What constitutes the crimes of wire fraud and mail fraud? Wire fraud is a very commonly charged Federal crime. Wire fraud exists when someone uses interstate wire, radio, or television communications to carry out a scheme to defraud someone else. A Federal charge of...
How do I know if I am being investigated for Federal charges?
How do I know if I am being investigated for Federal charges? Prior to Federal charges being filed against an individual or a business entity, a Federal investigation will have taken place. That investigation by the FBI or other Federal law enforcement agencies, may...
What does a target letter look like?
What does a target letter look like? Federal prosecutors send target letters to individuals against whom they intend to seek an indictment. Sometimes, those letters are also received by witnesses to possible violations of Federal criminal laws. A target letter will...
Who can own a gun under Federal law?
Who can own a gun under Federal law? The right to bear arms in the United States is a fundamental constitutional right protected by the Second Amendment to the United States Constitution and by state constitutions, as well. Because a constitutional right exists, does...
What is fraud?
What is fraud? Our four criminal lawyers have vast experience in representing clients in criminal cases brought by the U.S. government dealing with crimes alleging fraud. In today’s economy, fraud and financial crimes require the expertise of experienced criminal...
If police officers or Federal agents knock at my door with a search warrant or an arrest warrant, what should I do?
If police officers or Federal agents knock at my door with a search warrant or an arrest warrant, what should I do? A search warrant is a formal order issued by a judge, that allows police officers or Federal agents to enter a residence or business, or to arrest...
Why have I received a grand jury subpoena?
Why have I received a grand jury subpoena? In Federal criminal investigations, a key stage in the process is the grand jury “investigation.” The reality is that prosecutors run and dominate grand juries as they present one-sided evidence to the grand jurors. Grand...
Why do you need an experienced Federal criminal defense lawyer to represent you in a Federal criminal case?
Why do you need an experienced Federal criminal defense lawyer to represent you in a Federal criminal case? If you are being investigated or charged with a Federal criminal offense, you are facing an extremely serious case and will potentially be subject to a long...
What is conspiracy?
What is conspiracy? Conspiracy is an agreement by two or more people to commit an unlawful act. There is one Federal conspiracy statute (18 U.S.C. § 371) as well as many other statutes that prohibit specific types of conspiracies such as conspiracy to distribute...
What are some examples of white-collar crimes?
What are some examples of white-collar crimes? White-collar crime is a term regularly used when referring to a number of Federal and state statutes criminalizing what is considered as business and financial crimes (as opposed to violent crimes). Some examples include...
Defenses in White Collar, Business and Financial Crimes Cases
Every case is unique. Every defense is unique. Experienced criminal defense lawyers who regularly represent people in white collar cases consider all possible defenses, and always consider fashioning unique defenses. Entrapment often presents a solid defense in cases...
Corporate Obstruction Of Justice
Too often, individuals and corporations destroy evidence when they learn of an investigation or after they get a grand jury subpoena. Typically, correspondence, emails, texts (SMS), memos, documents, phone records, photographs, and travel records are destroyed and...
Corporate Criminal Liability
In the past 45 years, we have represented many businesses and corporations-large and small- which are charged with all sorts of criminal violations. Environmental violations are common as are prosecutions for workplace deaths and injuries in violation of the...
Cell Phone Fraud
The Federal Communications Commission (FCC) broadly defines cell phone fraud as the unauthorized use or manipulation of a cell phone or its service. In most cases, this is accomplished by using a stolen phone or signing up for phone service by using false...
Distribution of Controlled Substances Through the Internet
Only professionals duly registered with the DEA who have the appropriate licenses can prescribe controlled substances. These requirements also apply to online pharmacies, although the requirements in question will vary depending on the specific...
Elements of Postal Fraud
People accused of postal fraud can face prison terms and considerable fines. To ensure that you will not be wrongfully convicted of a crime you did not commit, contact an experienced business crime attorney to help you defend your interests. What is mail fraud? There...
Smuggling Offenses
Federal law strictly regulates products entering and leaving the country. Unfortunately, in its efforts to enforce these regulations, the federal government often accuses those who are innocent, which can have devastating consequences for both personal and business...
Damage to a religious property
Defendants under federal religious property damage law face serious consequences that can include fines or prison time. To make sure that you are not convicted of a crime you did not commit, contact a federal crime lawyer to help you reduce or even dismiss your...
Receive the Extortion Product
In Florida, and throughout the country, extortion is aggressively prosecuted. The person accused of extortion is not the only one at risk of being convicted, as the person who receives the proceeds from the exchange can also be arrested and charged. These charges are...
Federal Drug Conspiracy Charges
A drug conspiracy occurs when two or more people agree to commit a drug related crime. Federal drug conspiracy charges are very broadly defined and do not require either party to actually commit the crime in question. For this reason, many of the accused did not even...
Mortgage and Loan Fraud
The mortgage and credit industry is highly regulated, so any paperwork mistake made by an employee can easily lead to allegations of fraud. Although prosecutors must prove that a defendant attempted to commit fraud in order to be convicted, the defendants could suffer...
Resisting Arrest
Resisting arrest is a serious federal offense punishable by up to eight years in prison. Unfortunately, many are unfairly accused of this crime, being victims of excessive use of force by law enforcement officers. To speak to an attorney who can reduce or even dismiss...
Possession of Controlled Substances with the Intention to Sell
Both state and federal law prohibit the possession of controlled substances. In addition, federal law specifically penalizes the possession of illegal drugs with the intention of selling. Prosecutors must demonstrate the defendants' intention to sell such controlled...
Drug Paraphernalia
Federal law prohibits the use and sale of drug paraphernalia, so even when a person is not arrested for drug possession, he or she could end up in prison if found to be in possession of certain items. Arrests for possession, sale, or transportation of drug...
Mismanagement of Hazardous or Toxic Substances
In the 1970s, Congress passed a series of laws designed to protect the nation's water, land, and air from uncontrolled pollution. The resulting environmental regulation was also accompanied by criminal provisions, which were included to discourage companies from using...
Non-Certified Corporate Reports
Federal law requires public corporations to keep extensive and accurate records of their financial transactions. Businesses that do not meet these requirements may be required to pay fines of up to $ 1,000,000, and corporate officials could be sentenced to up to ten...
Exorbitant Credit Extensions
Under federal law, lenders are specifically prohibited from making exorbitant credit extensions. In fact, even conspiring to do so is penalized with up to 20 years in prison and a substantial fine, so if you are being investigated for doing an exorbitant credit...
Sale of Sexual Assault Drug
Even though most people know that selling, manufacturing, and distributing controlled substances without authorization is a violation of federal law, many do not know that the sale of drugs for sexual assault is also specifically prohibited by federal law. Conviction...
Negligence or Tax Fraud
While most people associate economic crime with embezzlement or the use of inside information, in reality some of the most common offenses involve tax fraud. Unfortunately, it is not that difficult to commit tax fraud unintentionally, which can lead to prosecution for...
Fraud Charges
Federal courts can issue court orders against those who are accused of violating certain economic crimes. In general, these precautionary measures limit the accused to dispose of or transfer his assets. This can have serious consequences for those unfairly accused of...
Interstate Drug Traffic
Federal law prohibits the sale, transportation, and import of controlled substances such as marijuana, heroin, and cocaine. While state law also criminalizes drug trafficking, federal investigations are often better funded and more extensive. Federal processes also...
Retroactive Option Rights
All companies have a certain degree of discretion when it comes to determining when stock options will be granted. In most cases, the price of employee options will be dictated by the market price of the underlying share on the day it was granted. However, some...
Antitrust Violations
In the late 1800s, Congress passed the Sherman Antitrust Act which was intended to help reduce the dominance of certain markets by only a few companies. The law only applied to interstate commerce, so states quickly adopted their own antitrust laws. Florida was passed...
Deceptive Advertising
Both state and federal law prohibit companies from using deceptive advertising practices. Those convicted of employing illegal practices may be required to pay up to $ 10,000 in fines for each violation, in addition to actual damages, and attorney's fees, so if you...
Market manipulation
Market manipulation fraud is a common white collar crime and involves accusations of artificially increasing the volume of trade to increase the price of a stock. These types of charges should not be taken lightly, so if you have been accused of market manipulation,...
Organized Fraud
In Florida, when an individual defrauds another by hiding his identity and sending personalized sales messages to unsuspecting victims, he can be charged under the state organized fraud statute. Organized fraud is considered a serious crime, so if convicted the...
State and Federal Bribery Fees
In Florida, commercial bribery falls directly within the laws that criminalize white collar crimes. Those accused of commercial bribery face third-degree felony charges, so if you are being investigated for this or any other type of white collar crime, it is essential...
Disclosure of Confidential Information
Under federal law, it is a serious crime for a government employee to reveal confidential information. Those who are accused of this crime face imprisonment, fines and mandatory expulsion from their position. Having a strong defense is crucial to avoiding these types...
Fraudulent Government Contracts
Government contract fraud encompasses a range of activities ranging from bribery acceptance and pricing to offer fraud and invoice falsification. Unfortunately, even contractors who are not involved in fraudulent activities are often charged with this crime, which can...
Bankruptcy fraud
Although some people intentionally attempt to commit bankruptcy fraud, many more do so without even knowing it, as even minor accounting errors can lead to bankruptcy fraud charges. Being accused of this crime can have devastating consequences in both financial and...
Arson
Those convicted of arson can face serious penalties, including up to 40 years in prison. Given the seriousness of a federal arson charge, it's critical to seek the advice and guidance of a federal crime expert who can help you formulate a strong defense. Elements of...
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