Criminal Defense Blog

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 ...

Eric Matheny Among 23 Miami Attorneys Voted Best For DUI Defense!

Attorney Eric Matheny is honored to be named one of the Best DUI Lawyers In Miami by expertise.com . Their 2018 list evaluated 116 Miami-Dade County DUI defense attorneys and selected 23. The 23 DUI attorneys who were selected for 2018's list were included based upon the following criteria: 1. Reputation 2. Credibility 3. Experience 4. Availability 5. Professionalism Attorney Eric Matheny is ...

The Perfect Conditions For Early Termination Of Probation

Want to get off of your probation early? Okay...what conditions need to be in place so that you have the best chance of getting the judge to grant you your wish. First and foremost, was early termination of probation expressly prohibited by your plea agreement? If you pleaded guilty or no contest and were placed on probation, did the terms of the plea specifically call for no early termination? If ...

How Long Do I Have To Wait For My Arthur Hearing?

When you are arrested in Florida and charged with a non-bondable offense, you cannot post a bond after your arrest like you can in most cases. Non-bondable, of course, means that no bond is set. Your criminal defense attorney must schedule an Arthur Hearing. An Arthur Hearing is a special bond hearing for defendants charged with non-bondable crimes. A non-bondable crime is an offense that is ...

New FDLE Certficates

As of December 2017, the Florida Department of Law Enforcement will not longer issue their standard blue Certificates of Eligibility with the raised FDLE seal. The new certificates are simple computer printouts with the case information and FDLE Certificate number on it. The original Certificate must be filed with the Court, along with your petition, proposed order, and Affidavit in Support of ...

Fleeing And Eluding: Can Adjudication Be Withheld?

Fleeing and eluding is a serious felony that carries a mandatory conviction (adjudication). A conviction to this charge will make you a convicted felon, and it will not be able to be sealed from your record. Furthermore, a conviction to this charge will prevent you from being able to seal or expunge any unrelated criminal charges. The court has no authority to withhold adjudication. However, in ...

Bond Court: When Do You Have To See The Judge And When Can You Just Bond Out?

When you are arrested in the State of Florida, there are certain occasions where you must remain in custody until you've seen the Bond Court (first appearance) Judge, and other occasions where you can post your bond as soon as you are taken to jail. Now this can vary from county to county. Some counties permit you to bond out on most felony charges right away. This is a predetermined bond amount ...

Drug Court: Is It The Right Choice For You?

When you are facing a drug possession charge, you may qualify for Drug Court . All Florida courts have some form of the Drug Court Program. Miami-Dade, Broward, and Palm Beach are no exception. Drug Court is typically reserved for possession-level offenders. Sales, possession with intent, and trafficking are ordinarily prohibited offenses. So if you are facing a drug possession charge, you have to ...

The Release Process: How Long Does It Take To Get Out Of Jail?

One of the most frustrating aspects of getting arrested is the time it takes to get released once your bond has been posted. Depending on the county, it can take up to a full day to be released from jail. Based on my experience, Miami-Dade County will release you once you've posted your bond within 6-8 hours of the bond being posted. Broward County will release you within 10-14 hours after the ...

House Arrest Conditions And How To Avoid A Violation

House Arrest is a form of pretrial release where you will be confined to your home. You may, however, receive court permission to leave your home for various reasons, such as court appearances, work, religious services, school, and visits with your doctor and, of course, your attorney. If placed on House Arrest, you will likely have to wear a GPS monitor around your ankle. This is so that ...