Criminal Defense Blog | Miami Dade County Criminal Lawyer

4

Dec 2019

Broward County: Change of Charge

In Broward County, when you are arrested for a felony and any felony charge is going to be changed at arraignment, there will be a mandatory bond status in which you, the accused, must appear with your attorney, as well as an affidavit from your bondsman agreeing to remain liable on the bond. That's because when you post your bond, you and the bondsman (the surety agent) are entering into a ...

Posted By Eric Matheny

22

Sep 2019

What Do You Do When The Cards Are Stacked Against You?

Getting arrested and charged with a crime is never a good thing. Granted, there are situations that are better than others. The offense isn't violent, you're a first-time offender, the State Attorney's Office is not looking to put you in jail. While simply having a case - even not a terribly serious one - hanging over your head can be daunting, for many there is a way out. Diversion programs, ...

Posted By Eric Matheny

3

Sep 2019

Contracting Without A License During a Declared State of Emergency

With the approach of Hurricane Dorian, Florida Governor Ron DeSantis has already declared a State of Emergency. Under Florida law, the offense of contracting without a license - normally a misdemeanor - automatically becomes a felony if it is committed during a declared State of Emergency. The rationale behind this escalation in penalty (from maximum one year in jail up to five years in prison) is ...

Posted By Eric Matheny

31

Jul 2019

Criminal Cases In The Florida Keys

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 ...

Posted By Eric Matheny

8

Jul 2019

Jeffrey Epstein Charged With Sex Trafficking: Now What?

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 ...

Posted By Eric Matheny

29

May 2019

Bond Out Or Remain In Custody?

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 ...

Posted By Eric Matheny

14

May 2019

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 ...

Posted By Eric Matheny

5

Apr 2019

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 ...

Posted By Eric Matheny

21

Mar 2019

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 ...

Posted By Eric Matheny

7

Mar 2019

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 ...

Posted By Eric Matheny

30

Jan 2019

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 ...

Posted By Eric Matheny

18

Jan 2019

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 ...

Posted By Eric Matheny

8

Jan 2019

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 ...

Posted By Eric Matheny

3

Jan 2019

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 ...

Posted By Eric Matheny

31

Dec 2018

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 ...

Posted By Eric Matheny

19

Dec 2018

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 ...

Posted By Eric Matheny

13

Dec 2018

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 ...

Posted By Eric Matheny

4

Dec 2018

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 ...

Posted By Eric Matheny

28

Nov 2018

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 ...

Posted By Eric Matheny

9

Oct 2018

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 ...

Posted By Eric Matheny

1

Oct 2018

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 ...

Posted By Eric Matheny

14

Aug 2018

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 ...

Posted By Eric Matheny

8

Aug 2018

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 ...

Posted By Eric Matheny

25

Jul 2018

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 ...

Posted By Eric Matheny

9

Jul 2018

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 ...

Posted By Eric Matheny