First-time offenders will normally have an easier time resolving their criminal charges than somebody with a prior record. This is true for many offenses, with the exception of serious, violent charges that may carry prison time no matter what your prior record looks like. Offenses such as DUI even have statutorily-prescribed mandatory minimum penalties for first-time offenders. Second and third ...
The Law Offices of Eric M. Matheny, P.A. understands the severity that a criminal accusation can have on a client's reputation, job, family, and general livelihood. It is the firm's goal to provide strong case defenses so that clients can get back to normal life as quickly as possible with minimal cost involved. Attorney Eric Matheny maintains a presence among the local, legal, and online ...
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In South Florida, namely Miami-Dade and Broward County, there are literally hundreds of criminal lawyers to choose from. You may find criminal lawyers on the Internet, you may find them in court, or you may find them through referrals from friends or relatives. Either way, when choosing the right criminal defense lawyer to represent you or your loved one, you need to be aware of a few things. Like ...
The Homestead Police have arrested a suspect in connection with a robbery and aggravated assault that occurred at a Homestead gas station several weeks ago. The incident began when the suspect allegedly entered the victim’s car while she pumped gas. The suspect tried to take the car but when the victim noticed, she tried to stop him. The gas station’s security cameras captured the suspect trying ...
"Robbery" is a blanket term used to describe any type of crime involving the taking of the property of another through force or the threat of force. In Florida, robbery comes in many different forms. Some forms are more serious than others. All forms of robbery are felony offenses, meaning that a person accused of a robbery crime faces prison time. The range of prison sentences for robbery crimes ...
I have discussed a number of robbery crimes on this blog before, but today I want to specifically focus on armed robbery with a firearm. Florida statutes defines robbery as "the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, ...
There are a number of serious crimes against law enforcement officers that are felony-level offenses. Some of those offenses include battery on a law enforcement officer and aggravated assault on a law enforcement officer. However, assault on a law enforcement officer is a misdemeanor. Specifically, the offense is a first-degree misdemeanor punishable by up to 364 days in jail. Simple assault (not ...
Burglary with an assault or battery is a first-degree felony punishable by life (1st PBL). It is a non-bondable offense, meaning that should the first appearance judge find probable cause for the offense, he or she must hold you without a bond. Only an Arthur Hearing can possibly get you a bond in a burglary with an assault or battery case. Burglary with an assault or battery is a type of burglary ...
Assault is a misdemeanor of the second-degree, punishable by a maximum of 60 days in jail, 6 months probation, and a $500 fine. Unlike aggravated assault, assault requires no weapon or threat of deadly force. Under Florida law, an assault is defined as the following: "An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ...
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 ...
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 ...
This entry pertains only to the misdemeanor offense of battery . Battery is the unwanted touching or striking of another. While felony variations of battery exist, such as aggravated battery, simple misdemeanor battery only requires the state to prove that the defendant touched or struck the victim. No harm or injury is required. The touching or striking can be as minor as a light push. Battery ...
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 ...
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 ...
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 ...
When a court imposes a high bond for a serious crime, the family of the accused normally has a very serious question to answer. Should they bond their loved one out, or should they have them remain in custody? A bond is the money put up, normally by a surety agent (bondsman) to guarantee the accused's appearance in court. If the family has the resources, they may opt for a cash bond (all the ...
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 ...
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 ...
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 ...
One of the more serious felony offenses you can be accused of committing in Florida is burglary . State law essentially defines a "burglary" as the unlawful entering onto or remaining on a property with the intent to commit a crime on that property. So first and foremost, merely entering a property without anything more is a misdemeanor trespass because the individual who enters or remains on the ...
Police arrested a Miami Gardens man on suspicion of more than 12 home burglaries and even hotel burglaries on Miami Beach. According to Miami-Dade Corrections, the suspect appears to be have about 14 open cases of burglary of an unoccupied dwelling , grand theft in the third degree, and burglary of a structure , both occupied and unoccupied. Burglary of an unoccupied dwelling is a second-degree ...
The Law Offices of Eric M. Matheny accepts cases in the Florida Keys. From Plantation Key to Marathon to Key West, if you are facing misdemeanor or felony charges in Monroe County (Florida Keys) contact The Law Offices of Eric M. Matheny for representation. Whether a DUI, a Florida Fish & Wildlife Violation (Possession of Undersized Lobster, Boating Violation, etc) or a serious felony, call to ...
Billionaire Jeffrey Epstein has found himself in legal trouble once again. Known for getting a veritable slap on the wrist back in the early 2000s for similar charges, the federal government is apparently ready to drop the hammer on this notorious sex predator. The Southern District of New York is expected to indict Epstein on one count of sex trafficking of minors and one count of conspiracy to ...
When a court imposes a high bond for a serious crime, the family of the accused normally has a very serious question to answer. Should they bond their loved one out, or should they have them remain in custody? A bond is the money put up, normally by a surety agent (bondsman) to guarantee the accused's appearance in court. If the family has the resources, they may opt for a cash bond (all the ...
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 ...
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 ...
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 ...
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 ...
In Broward County, Florida, you may be eligible to go to Drug Court for your misdemeanor possession of marijuana case. This is a novel concept. In fact, Broward County, Florida, had the first ever Misdemeanor Drug Court Program in the country, thanks to Judge Gisele Pollack. Drug Court is a form of pre-trial diversion under section 948.16 of the Florida Statutes. Eligible people may have their ...
The Miami Herald reports that a Broward County school principal was arrested Friday after police found marijuana and drug paraphernalia in her Coral Springs home. Due to the amount being more than 20 grams, the principal was charged with felony possession of marijuana. In the State of Florida, it is a first-degree misdemeanor to be in possession of up to 20 grams of marijuana. Anything over 20 ...
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 ...
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 Sun Sentinel reports that a six-month Broward Sheriff's Office operation aimed at curtailing suspected drug activity in the Dania Beach area resulted in 80 people arrested. Additionally, BSO has allegedly obtained surveillance footage showing suspected drug sales to undercover deputies. The sting was known as Operation Street Sweeper. Through this operation, BSO sent undercover officers out to ...
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 ...
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 ...
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 ...
The Florida Department of Law Enforcement (FDLE) is just now beginning to process sealing and expungement applications submitted in November of 2018. While the backlog is slowly clearing up, I would estimate that from start to finish, it will take 9-12 months to complete a sealing or expungement of a record in the State of Florida. Eric Matheny is an attorney sealing and expunging criminal records ...
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 ...
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 ...
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 ...
For every felony charge in the State of Florida, a mathematical value is assigned to the offense. Obviously, the more serious the charge, the higher the value. Factor in enhancements such as the degree of victim injury (if applicable), your prior offenses (which all have mathematical values as well), further enhancements for drug trafficking , possession of a firearm, or gang activity, and you ...
In the State of Florida, crimes can be divided into two main categories: misdemeanors and felonies. A misdemeanor is a less serious offense, only punishable by county jail time at the most. A felony is a serious crime, punishable by state prison time. A felony conviction ( adjudication ) will have a detrimental impact on your life. You may be denied employment, housing, student loans, as well as ...
A Miami-Dade client charged with grand theft in the second-degree and contracting without a license had all of his charges dropped just the other day. The Law Offices of Eric M. Matheny, P.A. represented the client throughout the investigation as well as the criminal case itself. The client was an unlicensed contractor who was arrested after relations with a client went sour. However, during the ...
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While past outcomes cannot guarantee future results, the last five Miami domestic violence cases handled by The Law Offices of Eric M. Matheny, P.A. were dismissed by the Miami-Dade State Attorney's Office. Each case presented its challenges. In one case, the court's exclusion of evidence favorable to the state resulted in the state being forced to dismiss the client's charges long before trial. ...
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South Florida Criminal Defense Attorney Eric M. Matheny, of The Law Offices of Eric M. Matheny, P.A. , recently helped one client in a child molestation case and another client in an aggravated battery case avoid decades of possible prison time. The lawyer reached this accomplishment through his hard work and top-quality legal representation. Here are the details on the two cases: Child ...
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 ...
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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 ...
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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 ...
Three juveniles , whose approximate ages range from 11 to 14, are suspected of entering the garage of a business and stealing an employee's iPhone. Additionally, a nearby dentist's office was the victim of a similar burglary . In that instance, a laptop was stolen. If found, the juveniles may be charged with burglary of a structure if it can be proven that they did not have permission to enter the ...
In the State of Florida, a court may impose a youthful offender (YO) sentence to somebody who is at least 18 years old who has been transferred for prosecution to circuit court from juvenile court ( juvenile direct file ). As well, a court can impose a YO sentence on somebody who is found guilty or has pleaded guilty or no contest to a felony, and that offender is younger than 21 at the time of ...
Anyone who has ever watched a cop show on television is well aware of the Miranda Warning. It starts with, "You have the right to remain silent..." The Miranda Warning came from a U.S. Supreme Court case, Miranda v. Arizona , which held that before law enforcement officers can subject you to custodial interrogation, they must advise you of the following: 1) You have the right to remain silent. ...
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 ...
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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 ...
I'm often surprised to find out that so many people don't consider misdemeanor offenses to be a "big deal." Obviously, they are not as serious as felonies and cannot result in any state prison time. But being charged with a misdemeanor can still have some life-altering consequences. Misdemeanors are crimes, and being charged with a misdemeanor means that you were arrested. Even if the officer ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
This is a common scenario. You get served with a temporary restraining order (TRO) and a notice to appear in court. Somebody is seeking a permanent injunction against you! This means that they - the petitioner - are asking the judge to impose a court order banning you - the respondent - from having any contact with them or even going near them. If the judge finds that a permanent injunction is ...
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Obtaining a restraining order or permanent injunction in Miami-Dade County or Broward County, Florida is not always a simple procedure. First, you must see if you meet the statutory criteria necessary to obtain one. Are you a victim of domestic violence ? If so, is the person you are seeking an injunction against a blood relative, spouse, former spouse, somebody with whom you are in a romantic ...
Billionaire Jeffrey Epstein has found himself in legal trouble once again. Known for getting a veritable slap on the wrist back in the early 2000s for similar charges, the federal government is apparently ready to drop the hammer on this notorious sex predator. The Southern District of New York is expected to indict Epstein on one count of sex trafficking of minors and one count of conspiracy to ...
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 ...
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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 ...
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South Florida is notorious for insurance fraud . Everything from medical billing fraud to staged accidents , the State of Florida is fully aware of the high number of insurance fraud incidents. Counties such as Miami-Dade and Broward have an extraordinary amount of insurance fraud. The prosecutors and police departments in these counties are well-prepared to deal with this. Insurance fraud can ...
In a recent case, Attorney Matheny defended a man visiting Miami Beach on business who had been accused of disorderly conduct and drunkenness at a club. Additionally the man was charged with refusal to pay a $400 bar tab that he had accrued while at the club. Police were called to the scene and arrested the man for grand theft. The penalties for his specific accusations in Florida could have ...
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Shoplifting , or retail theft, is the act of taking property from a store. Shoplifting can be classified as petit theft (petty theft) if the value of the property is less than $300.00. Shoplifting can be classified as grand theft if the value of the property is greater than $300.00. The primary witness in almost all shoplifting cases is the LPO, or Loss Prevention Officer. This is the store ...
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 ...
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 ...
News website www.wsvn.com reports that the alleged driver who killed three people in an LSA (leaving the scene of an accident) early Sunday morning has been arrested. Police arrested the accused driver after it is reported that he made a full confession to causing the crash. The driver allegedly stated said he was speeding, under the influence of alcohol, and was driving with a suspended license ...
Some criminal charges in Florida are based solely on the possession of weapons. "Possession" in Florida can mean "on or about your person." In other words, a weapon can be considered to be in your possession if it is in your pocket, in your hand, or even in your car, provided it's close enough for you to grab. As you know, anything can be a weapon. A writing pen can be a weapon if used to inflict ...
With Florida's 10-20-Life law, charges involving the possession of a gun are taken very seriously in Miami and Broward. As a South Florida criminal attorney and Broward criminal attorney, I represent clients charged with a variety of firearm charges. However, the charge of carrying a concealed firearm is what I want to discuss today. Carrying a concealed firearm is a third-degree felony punishable ...
