Criminal Defense Blog

The Felony PTI Process in Broward County

Pretrial Intervention for felony offenses in Broward County requires the assistance of an experienced criminal defense attorney familiar with the process. Unlike Pretrial Intervention (PTI) in other counties, PTI in Broward County requires a lengthy application and screening process. If you are a true first-time offender (no prior arrests) and you are charged with a non-violent third-degree ...

FDLE Processing September 2018 Applications

It is not unusual for the Florida Department of Law Enforcement (FDLE) to take a considerable amount of time processing applications to seal or expunge your Florida criminal record . However, as of today, FDLE is only processing applications submitted in September of 2018. This means that FDLE is experiencing an 8-9 month backlog of applications. I am estimating that the total time it takes to ...

FDLE Processing Times Only Getting Longer

Unfortunately for Florida sealing or expungement applicants, the processing time has increased largely due to staff shortages with FDLE (Florida Department of Law Enforcement). I encourage all applicants to being their sealing or expungement of their Florida arrest record sooner rather than later as FDLE processing times do not look like they will be improving any time soon. Eric Matheny seals or ...

When Is Aggravated Battery an Attempted Murder?

Aggravated Battery charges can be elevated to Attempted Murder when a prosecutor wants some serious leverage in plea negotiations. In some instances, Attempted Murder does not necessarily carry more prison time than Aggravated Battery, but the stigma of the charge and the bottom of the guidelines score per the Florida Criminal Punishment Code could give the prosecutor the upper hand. Aggravated ...

Eric M. Matheny Interviewed by The Boston Globe on Robert Kraft Case

Our Miami-Dade criminal defense attorney Eric M. Matheny was recently quoted in several articles published in The Boston Globe on the Robert Kraft case, where he was interviewed for his experience in similar criminal proceedings. Florida prosecutors offered Kraft and 25 other men a plea deal, in which prostitution and solicitaiton charges would have been dropped against the New England Patriots ...

Deciding To Reject A Pretrial Diversion/Pretrial Intervention Offer

If facing a felony or misdemeanor charge, you are a first-time offender, and the circumstances of your case warrant a Pretrial Diversion (misdemeanor) or Pretrial Intervention (felony) offer from the State Attorney, you are in a position to have your charges dismissed. However, you and your attorney must decide whether a diversion program is in your best interest. In nearly all cases, it will be ...

Attorney Eric Matheny Talks Robert Kraft Case Details with The New York Times

Recent news headlines have been abuzz with stories of Robert Kraft, the owner of the New England Patriots, being charged with soliciting prostitution . To try to shut down a prosecution backed by social pressures to secure a conviction, the football mogul has recruited William Burck, the same lawyer who served under George W. Bush in the White House. With such a bold defensive move being made by ...

Verdict Likely In Manslaughter Case of Former Palm Beach Gardens Police Officer

A former Palm Beach Gardens Police officer will likely find out today if he is going home or to prison should the jury in Palm Beach County reach a verdict sometime today. Former Palm Beach Gardens Police Officer Nouman Raja is charged with manslaughter while armed, as well as several other serious felony charges, related to the shooting death of Corey Jones. In 2015, Mr. Jones was parked ...

FDLE Processing June 2018 Applications

If you submitted an application to seal or expunge your Florida criminal record in June of 2018, it is just now being processed. Eric Matheny seals and expunges Florida criminal records statewide.

What is Domestic Violence And What Isn't?

Domestic violence isn't just a term of art. It is a legal designation for certain types of cases. Your case can either qualify as domestic violence, or it will not. Florida law defines "domestic violence" as: “...any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense ...

Broward County May Administratively Dismiss Old Misdemeanor Warrants

In recent years, Broward County Courts have begun administratively (without a hearing or without notice to the defendant) dismissing bench warrants for misdemeanor crimes that are considerably old; like 20, 30 years old. If you were arrested in the Fort Lauderdale area - even if you were just issued a Notice to Appear - in the 80s or 90s and you never appeared in Court, check the Clerk of Court's ...

Out of State Convictions And Sealing or Expunging A Florida Criminal Record

The Florida Department of Law Enforcement WILL NOT issue a Certificate of Eligibility to seal or expunge your Florida arrest record if you have ever been convicted (adjudicated guilty) of any criminal offense, even if that conviction occurred outside of the State of Florida. When you submit an application to seal or expunge your Florida criminal record, the Florida Department of Law Enforcement ...

Know When To Hold 'Em, Know When To Fold 'Em: When Is It Time To Change Attorneys

Whether misdemeanor or felony, being charged with a crime is likely one of the most stressful events you will ever experience. I sincerely hope that you never have to endure this experience, but oftentimes, these matters are beyond our control. Wrong place, wrong time. Two glasses of wine, a burnt-out tail light and a state trooper right behind you. Riding as a passenger in your friend's car where ...

Cannabis and THC Oil

Vaping has become a popular way to smoke marijuana. While many states have legalized marijuana, both recreational and medicinal usage, Florida has not legalized recreational use nor medicinal usage that entails smoking cannabis or using a vaporizer to inhale THC and cannabis oils. Possession of THC or Cannabis oil in Florida is a felony. If you are found with a cannabis oil cartridge or a vape ...

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 ...