Criminal Defense Blog

FDLE Currently Processing April 2018 Expungement/Sealing Applications

FDLE is still backed up. They are just now processing applications to seal or expunge a Florida criminal record that were submitted in April of 2018. Expect long delays if you have applied for a sealing or expungement within the last calendar year.

Can You Modify Community Control?

When you are placed on community control, there may be significant restrictions placed upon you. You may not be able to leave your house except for pre-approved work or school. Something as mundane as walking out to the mailbox could result in a violation. Typically, community control, also known as house arrest, may last for one or two years. But just like early termination from probation, it may ...

Dealing With The Psychological Effects of An Arrest and Prosecution

Let's be honest. Getting arrested and having a criminal charge hanging over your head is likely the worst thing that's ever happened to you. Even if you are only facing misdemeanor charges, the prospect of jail time, injury to your reputation, and significant fines and legal fees weigh heavily on your mind. If you are charged with a felony, the fear is much greater. You fear prison time. The ...

New Year's Eve

Police agencies in South Florida will be out in full force, specifically targeting DUI and other alcohol-related offenses. Whether you are celebrating on South Beach, Downtown Miami, Fort Lauderdale, or West Palm Beach, expect a large police presence. DUI Checkpoints may also be conducted. With an abundance of ride-sharing apps and other options to choose from, there is no reason to risk a DUI. If ...

Common Holiday Arrests (2018 Edition)

Every year during the holiday season, I normally go over a list of common crimes for which people find themselves arrested. Chiefly at the top of that list is DUI . During the holiday season - normally the days leading up the Christmas, up through New Years Day - police will be out in force looking for impaired drivers. Also, the holiday season can be a very stressful time for families. Domestic ...

Could Distracted Driver In Fatal Broward Crash Face Charges?

In late November of this year, tragedy struck the Broward County Town of Davie when a motorist, allegedly distracted and blinded by the glare of the sun, crashed into a pack of cyclists, killing two and injuring several. As of right now, no criminal charges have been filed. But an investigation by police and the State Attorney’s Office is pending. In the State of Florida, simply getting into a car ...

How Much Time Should A Criminal Case Take?

One of the most frequent questions I receive from clients and prospective clients is, "how long will this process take?" I completely understand the urgency. One of the worst things we as human beings fear is uncertainty. Can you imagine having a pending criminal charge just hanging over your head? It will occupy your mind every hour of the day. It will keep you awake at night. Even minor offenses ...

Robbery By Sudden Snatching or Strong-Arm Robbery?

A distinction can be made between two types of robbery in the State of Florida. Strong-arm robbery and Robbery by Sudden Snatching. Both of which are felonies. A strong-arm robbery is essentially the taking of somebody's property by force or threat of force without the use of a weapon. A robbery by sudden snatching means that property was taken from the victim without the use of force or threat of ...

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 ...