Police Officers Often Feel Pressure to Make an Arrest in Domestic Violence Calls It's late at night, and a 911 call comes in reporting yelling and screaming coming from an apartment. Two police officers are dispatched to the scene, expecting to encounter a heated domestic dispute. They knock on the door, and a couple answers—a man and a woman, both [...]
Police Use of Geofence Warrants: A Troubling New Tactic That Puts Innocent People at Risk What are Geofence Warrants and How Do They Work? A geofence warrant allows police to draw a virtual boundary around a location and get tech companies like Google to provide information on all devices within that area during a certain time period. For example, if [...]
Jurisdiction Matters: Understanding Criminal Jurisdiction Issues in Florida Territorial Jurisdiction - The Power of Place General Rule Generally, a Florida circuit or county court can only preside over crimes committed within that territorial jurisdiction. For example, if my client is alleged to have committed shoplifting in Miami-Dade County, the case can only be tried in a Miami-Dade County court. A [...]
The 6th Amendment Right to Counsel: An Essential Protection for All Defendants If you or a loved one have been charged with a crime, one of your most fundamental rights is the 6th Amendment right to legal representation. Having an experienced criminal defense attorney by your side through every step of the process can make all the difference in [...]
5 Things You Should NEVER Do When Interacting With a Cop Being pulled over or approached by a police officer in Miami can be a nerve-wracking experience. Many immediately think of the consequences, even if we believe we've done nothing wrong. Understanding your rights and knowing what not to do can significantly reduce the chances of an arrest or any [...]
What To Do If You Think You Are Under Criminal Investigation and a Detective Contacts You Discovering you may be under criminal investigation can be an alarming and stressful experience. Many people are unsure how to respond when detectives reach out requesting information or an interview. While you always have the right to remain silent, cooperating with law enforcement strategically [...]
Unequal Justice: Wells Fargo and the Double Standard of Corporate Crime As a criminal defense attorney, I'm deeply troubled by the disparity between the sentences given to ordinary citizens accused of theft crimes and the meager punishments for executives overseeing massive corporate frauds. The recent Wells Fargo fake accounts scandal sentencing of executive Carrie Tolstedt is a case in point. [...]
Reimagining Pretrial Justice in Miami - Why Our City Should Lead on Bail Reform America's cash bail system is broken, unjustly criminalizing poverty and destroying lives. As a criminal defense lawyer in Miami for many years, I've witnessed this tragedy firsthand. Now, our chance to lead bold local reforms is being thwarted by politics. Miami-Dade’s leaders developed plans to [...]
The Burden of Proof in Criminal Cases: A Guide for Defendants in Florida If you have been charged with a crime in Florida, one of the most important concepts you need to understand is the burden of proof. The burden of proof refers to the obligation of the prosecution to prove every element of the alleged crime beyond a [...]
Understanding the Key Differences Between Criminal Law and Civil Law For most people without legal training, the distinction between criminal law and civil law is not always clear. Both involve violations of rules and laws, penalties and consequences, and proceedings in a court of law. However, there are some major differences that set criminal and civil law into two [...]
