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Are you familiar with the ramifications of drug possession in the State of Florida? As your local South Florida criminal lawyer, I'd like to advise you on drug crimes and finding the best defense. In State court cases, possession of any type of controlled substance is a felony. The only exception is possession of less than 20 grams of marijuana, which is a misdemeanor. Drug crimes tends to fall into one of the following three categories: Sim...

As an attorney with vast experience in South Florida, I often get questions about entering a plea and reduced sentences. As your go-to Florida criminal lawyer, I'd like to offer some clarification on Substantial Assistance, Departures, and Variances. In Federal cases, when a person enters a guilty plea at their Plea Hearing, a Sentencing Hearing is then scheduled for about 70 days later. A U.S. Probation Officer prepares a Pre-Sentence Investigation...

As a local Miami Criminal Lawyer, I'd like to offer some insight on the history and handling of Nebbia, Arthur, and Pretrial Hearings. In the 1970's, there was an epidemic of drug importation cases. "Mules" would bring drugs into the U.S. from other countries, such as Colombia. The DEA would sometimes catch and arrest the importers. The Court would set bond in the amount of hundreds of thousands or even millions of dollars. The Cartel would post the bo...

A few months ago, a new client arrived at my office. He was a young man, just 26 years old. He handed me a crumpled yellow A-form, this was his Complaint/Arrest Affidavit, which he had received when he was arrested two days earlier. I read that he was arrested for Possession with Intent to Sell a Controlled Substance, to wit; Xanax. Then, I read the report. A seemingly valid traffic stop led to the Officer smelling recently burned marijuana in the car....

Today, I'd like to lend my advice as a criminal lawyer in Miami on the confusing and often misunderstood matter of criminal insanity. Florida follows the Common Law M'Naghten Rule as the standard and the test for criminal insanity. Basically, the Common Law Rule is that a criminal defendant is not guilty by reason of insanity, if, at the time of the alleged criminal act, the defendant was so deranged that he or she did not know the nature or quality of...

As a Miami criminal lawyer, I have represented on many occasions juveniles (under 18) who have committed serious crimes, such as the burglary of a home. Sometimes, the State will seek to "bind them over" to be prosecuted as an adult. The State may do so at their discretion for kids over 16. If the family comes to me soon after the arrest, I may be able to convince the State to keep the case in Juvenile Court. Recently the parents of a 16-year-old wh...

The Ultra Music Festival is an annual event held in downtown Miami that attracts lovers of Electronic Music and Electronic Dance Music. The best DJ's in the world perform, drawing as many as 115,000 people in 2012. Sometimes, fans enhance the experience with the use of drugs such as MDMA (Ecstasy), Molly (a blend of MDMA and other "bootleg" and substances in a pill or capsule), LSD (acid) and hallucinogenic mushrooms. Also, cocaine, Ketamine (Special K...

A groundbreaking ruling occurred today that I know, as a leading criminal defense attorney in Miami, may change the sentences of many prisoners in the State of Florida. Today, the United States Supreme Court has found Florida's Death Penalty scheme to be unconstitutional and in violation of the Sixth Amendment. The case is Hurst v. Florida, No.14-7505 (Decided January 12, 2016). In Florida, a Jury provides the Judge with an "advisory" opinion as to ...

In Florida, rape is more accurately called Sexual Battery. One of the most serious felony offenses is Sexual Battery on a child by an adult. These cases can be incredibly convoluted, and it's fortunate that our client selected an experienced Miami criminal defense attorney to discover the true details behind this difficult case. A kindly old grandfather, who was in his mid-sixties and looked a bit like Santa, was referred to me by a civil law attorn...

As a prominent DUI lawyer in Miami, I felt it was important to explore the issue of drinking and driving in South Florida. In Florida, it is unlawful to drive with a blood alcohol level of .08% or greater. It is therefore important to understand how much alcohol a person can drink without exceeding a .08 blood alcohol percentage. Here are some calculations which should be helpful. The math varies from person to person, but here are some general concepts...