Criminal Defense Blog

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 ...

Pretrial Diversion/Misdemeanor Diversion For A Battery Charge (Non-Domestic)

Aside from DUI , Battery is probably the most serious misdemeanor that you can be charged with. This post will deal only with non-domestic battery. That is, a battery allegedly committed upon somebody not related to the defendant by blood, marriage or by way of a dating relationship. Diversion programs for domestic battery have their own unique set of conditions. Pursuant to Florida law, the ...

Standard Conditions of A Felony Bond

When you are arrested and charged with a felony, you will more than likely post a bond. A bond is an amount of money designated by the court to ensure that you show up for your hearings. When you are released on a bond, there are some conditions that may apply. First and foremost, you cannot get arrested for a new charge while out on a felony bond. This includes getting arrested for a new felony ...

Injunctions: What Is And What Isn't Third-Party Contact?

If you are the respondent in an Injunction proceeding, or a Petitioner, you need to understand the concept of third-party contact. If you are on the receiving end of an injunction (restraining order) or you have obtained one in your favor, third-party contact will be expressly prohibited by the terms of the Injunction. An Injunction, be it permanent or temporary, is a court order the prevents one ...

What Happens When You Call The Police To Report Domestic Violence?

First and foremost - The Law Offices of Eric M. Matheny understands that domestic violence is a very serious crime. If you are a victim of domestic violence and you are in fear for your safety, you must call 911 immediately. However, it is important to understand how things work in Florida in the year 2018. Florida is commonly known as a "no drop" state. That means that despite the wishes of the ...

The Importance of Timing in a DUI Case

As a South Florida criminal attorney , I do not like to rush things. I believe that time is your friend when you are facing criminal charges. I believe that time permits a good criminal lawyer to do a complete investigation of the case. However, when you are arrested for a DUI in the State of Florida, your driver's license is suspended upon the issuance of the DUI citation. In fact, there is (or ...

How A Speeding Ticket Can Lead To Prison

Can a speeding ticket land you in prison? You bet. It goes like this: Client is late for work and is doing 60 in a 45 mile-per-hour zone. Client gets pulled over. Client forgets to pay the ticket or set it for trial within thirty days and Client's driver's license is suspended. Since the suspension notice is mailed to Client's address on file with the Florida Department of Highway Safety and Motor ...

Burglary and Burglary-Related Charges In Multiple Counties

You are accused of burglary in Miami-Dade County, but the cops think that you sold the allegedly stolen items to a pawn shop in Broward County. You are arrested for burglary in Miami-Dade County but then, days later, you are served with a warrant for an arrest in Broward County. So what happens? It is possible to be charged with crimes in multiple counties. In that case, you will face two criminal ...