Criminal Defense Blog

What To Do When You Fail To Appear In Felony Court

Failing to appear in Circuit (Felony) Court is significantly more serious than failing to appear in County (Misdemeanor) Court. When you fail to appear before a Circuit Court judge in Miami-Dade, Broward, or Palm Beach, an alias capias (AC or Capias) is issued. Most of the time, a Capias comes with a no-bond hold. This means that you will remain in custody until you see the judge. If you are ...

Surrendering On A Warrant or Probation Violation

If you have an outstanding warrant , you may want to speak with your criminal defense attorney about surrendering in court on the warrant instead of turning yourself in to law enforcement. An in-court surrender may result in the judge releasing you from the courtroom. It may also help you to avoid going into custody if the matter can be resolved right then and there (say for a technical violation ...

Felony Probation Violations in Broward County

If your felony probation is violated in Broward County, a warrant will be issued for your arrest. It may be possible to have your attorney set your case on calendar for an in-court surrender on the warrant. If the judge will not allow an in-court surrender, you must turn yourself in at the Broward Sheriff's Office. You will be brought before your division judge the very next day rather than be ...

What Types of DUI Cases Will Not Qualify For Back On Track?

You already know that some first-time DUI offenders in Miami-Dade County may qualify for the Back On Track program. If you qualify and you complete the conditions of Back On Track, that may take anywhere from nine months to a year, your DUI charge will be reduced to a reckless driving and you will receive a withhold of adjudication - not a DUI conviction. The Back On Track program does not exist ...

What, Exactly, Is the Presumption of Innocence?

How can you be presumed innocent of a crime? I mean, there's an allegation. Somebody - oftentimes multiple people - will claim that you did something illegal. Perhaps the crime has been caught on video. Perhaps you even confessed to the crime. So, regardless of all the evidence against you, how can it be that the criminal justice system believes that you are innocent of the charges? One of the ...

Criminal Cases In The Florida Keys

The Florida Keys are a world-famous tourist attraction. Many Floridians from all over the state, as well as out-of-state and international visitors are attracted to its beaches, quirky culture, and world-renowned fishing and diving. But while visiting the Keys, you may find yourself in legal trouble. Over the years, I have represented many clients in criminal cases in Monroe County. From ...

FDLE Now Processing February 2018 Expungement/Sealing Applications

The Florida Department of Law Enforcement (FDLE) is now processing sealing and expungement applications submitted in February 2018. That means that FDLE is facing a 7-8 month backlog. FDLE processes applications and will either submit a Certificate of Eligibility or a Letter of Denial. Without an FDLE Certificate, judges will not sign an order to seal or expunge. Given the backlog, it is ...

Getting Your DUI Vehicle Immobilization Requirement Waived

When you are sentenced for a DUI charge, Florida law requires that you submit to a ten-day vehicle immobilization at your own expense. However, Florida law also permits a waiver of this requirement if you meet the following criteria. Under Florida law, a judge may waive the immobilization requirement if the defendant's vehicle is the only vehicle in the household, the vehicle needs to be used by ...

Common DUI Probation Violations

If you plead guilty or no contest to DUI in Miami-Dade County, Broward County, or Palm Beach County, you will be placed on probation for a minimum term of six months, for a first DUI . You can be placed on probation for twelve months for second and subsequent DUIs (so long as they are charged as misdemeanors). The conditions for DUI probation are standard - DUI school, community service hours, ...

Avoiding A Sex Offender Designation

If you are charged with a sex crime in Florida, you run the risk of being designated a sexual offender or sexual predator. Aside from a felony conviction, prison time, and the potential for involuntary civil commitment (Jimmy Ryce Act), a sex crime conviction AND withhold of adjudication will require that the sexual offender or sexual predator tag be assigned to you. This designation is for life, ...

Bench Warrants That Are More Than One Year Old

If you miss your court date, you know that you likely have a bench warrant . A bench warrant should be taken care of as soon as possible. However, if you never received a court notice in the mail and you come to realize that a bench warrant has been issued for you in Miami-Dade, Broward, or Palm Beach, it's not too late to take care of the matter. Even if the bench warrant is more than one year ...

Significant Delays In Sealing/Expunging Florida Records - August 2018

The Florida Department of Law Enforcement is experiencing one of the most significant delays in processing sealing and expungement applications I have ever seen. Right now, applications submitted to FDLE in December 2017 are being processed. This means that FDLE is experiencing an unprecedented eight-month delay. That means that from start to finish - and depending on which county your case is in ...

Manslaughter Charges Filed In Pinellas County Parking Lot Shooting

Recently, I wrote an article discussing how the Stand Your Ground Law was about to be tested again in the State of Florida. Back in July, 47-year-old Michael Drejka, shot and killed Markeis McGlockton in a Pinellas County convenience store parking lot after Drejka argued with McGlockton's girlfriend over her having parked in a handicapped space. McGlockton observed the argument, gave Drejka a ...

Stand Your Ground In Misdemeanor Cases

Can the Stand Your Ground law apply to misdemeanor cases? You bet. Stand Your Ground protects the use of lethal force when you are attacked in a place outside of your home where you have a legal right to be. It also protects the use of non-lethal force under the same circumstances. Misdemeanors, such as battery and assault, can employ Stand Your Ground protection when the battery (touching) or ...

August 2018 FDLE Sealing/Expunging Update For Applicants

The Florida Department of Law Enforcement (FDLE) is currently processing sealing or expungement applications received in December of 2017. This means that there is a significant backlog and that processing times are likely at 8-12 months for completion of the sealing/expunging process. Eric Matheny is an attorney sealing and expunging criminal records throughout the State of Florida.

Stand Your Ground About To Be Tested (Again) In Florida Parking Lot Shooting

You’re a 47 year-old man visiting a convenience store in your hometown. You see a woman illegally parked in a handicapped spot. Being a good citizen or an annoying meddler (you decide ), you approach the illegally parked female motorist and confront her. A verbal argument ensues. Maybe some curse words are used. In the midst of the argument the motorist’s boyfriend comes out of the store and ...

Post-Conviction Relief

Post-Conviction Relief is an area of criminal defense that focuses on what remedies can be exercised for defendants who have been sentenced. This is not the same as an appeal. Post-Conviction Relief can come in a number of ways, from a motion to correct an illegal sentence to a motion to vacate (undo) a plea. You may file a Post-Conviction Relief motion (under Florida Rule of Criminal Procedure ...

Stalking Injunctions

Florida permits you to obtain a Restraining Order (Injunction) against somebody for the offense of stalking. It is important to remember what stalking is, and what stalking isn't. Stalking is willful, malicious, and repeated following, harassing, or cyberstalking of another. Harass means to engage "in a course of conduct directed at a specific person which causes substantial emotion distress to ...

Criminal Investigations Involving Juveniles

In Florida, children as young as 10 and 11 can be charged with crimes. In rare instances, children even younger can be charged. In some instances, namely when children are 16 or older, they can be charged as adults. In rarer cases - although not altogether uncommon - children as young as 14 can be charged as adults. Many of these criminal charges begin as criminal investigations. Juveniles can be ...

The Likelihood of Jail or Prison Time

One of the most common concerns a client will have is the fear of being sentenced to jail or prison. When facing criminal charges, these are not uncommon concerns to have. If you are looking at serious felony charges, the concern may be warranted. Truth is, whenever you are facing criminal charges - even misdemeanor charges - there is always the chance that a judge could sentence you to jail or ...

Your Early Termination Checklist

Can you ask the Court for early termination of probation? If you are interested in getting off probation, please make sure that the following apply to you: 1) You are halfway done with probation. 2) You are on probation for a non-violent offense, or if a violent offense, it is no higher than a second-degree felony and you had no prior (or very minimal) criminal history prior to going on probation. ...

Memorial Day 2018 In South Florida

Memorial Day in South Florida is a time of heavy tourist traffic. South Beach, Las Olas, and West Palm Beach are just three major tourist hot spots where massive crowds of visitors will congregate. Unfortunately, with massive tourist crowds comes a massive police presence. This invariably means that there will be a large number of arrests. For South Florida visitors, this can be particularly ...

When You Unsuccessfully Complete Felony Pretrial Intervention (PTI)

In Broward County, you normally only get one shot at Pretrial Intervention (PTI). If you fail to complete the program requirements, your case will be set for trial. In Miami-Dade County, the same thing occurs - an unsuccessful completion, or "bounce out," results in your case being put back on the Court's calendar to be set for trial. However, Miami-Dade is a far more reasonable jurisdiction when ...

Investigations: How Long Do They Take And Where Do They Lead?

Some of my clients are arrested for a crime. Others are the subjects of criminal investigations. These investigations come before an arrest is made, and are usually conducted by a detective or investigator from a state or local agency, looking into allegations that the individual has committed a crime. When there is probable cause to believe a person has committed a crime, that person is arrested ...

Video Serves As Alibi For Pair Charged With Murder

In an unlikely, but welcome, twist in the search for suspects involved in a recent Miami shooting, video surveillance from a business exonerated two young men who had been falsely charged with the crime. The two young men, ages 21 and 19, had been arrested and charged with the shooting deaths of two Liberty City teenagers. However, one of the young men arrested claimed that he and his co-defendant ...

Can I Travel While On Probation?

The short answer is no - not without Court permission. If you are on probation in Florida, you must obtain the permission of the Court before you travel. Probation, by its very nature, will likely restrict your movement to one county (the county in which you reside). In order to travel from county to county (for instance, you work in Miami-Dade County but live in Broward County), the Court must ...

Restitution As A Condition Of Probation

Many times, restitution will be imposed as a special condition of probation. Restitution is repayment to an alleged victim for monetary loss due to the commission of the accused's crime. Restitution must be paid if ordered by the court. The only way to legally avoid paying restitution is if the accused has no financial ability to pay. The court may set minimum monthly payments. The court may also ...

Bond Hearings, Arraignments, Soundings, Calendar Calls, and Trials: What To Expect

There is a lot of terminology thrown around in the criminal justice system. For those facing criminal charges in Miami-Dade, Broward, and Palm Beach, the lingo may no be familiar. Here is what each important term means and how it applies to your case. A BOND HEARING is the hearing you may attend within 24 hours of your arrest. Many of you will post a bond prior to going to court, or if you are ...

There Is No Such Thing As Automatic Expunction

One of the BIGGEST lies told to defendants in criminal court in Florida is that they will not have a criminal record once their case is resolved. County Court (misdemeanor) judges do this all too often when trying to convince defendants to accept no contest pleas, or accept a Pretrial Diversion-type program. Truth is, whether your arrest (doesn't matter if physical arrest or issuance of a Promise ...

2018 Sealing And Expungement Update

The Florida Department of Law Enforcement is currently processing sealing and expungement applications received in September of 2017. This means that FDLE is experiencing a six-month backlog of applications. If you applied for a sealing or expungement and submitted your application to FDLE in September of 2017, you, or your attorney, should be receiving correspondence from FDLE shortly. This ...