Criminal Defense Blog | Miami Dade County Criminal Lawyer

9

Apr 2020

Getting Out Of Jail Now

The COVID-19 pandemic is still very much active. And if your loved one is in jail, they are particularly vulnerable. The lack of hygiene, the large numbers of people living in close quarters, and a population that is constantly changing with the influx of newly arrested makes social distancing - as recommended by the Center for Disease Control (CDC) - nearly impossible. If your loved one is ...

Posted By Eric Matheny

8

Apr 2020

Court Dates For South Florida Criminal Cases

Broward County has just announced that all non-emergency courthouse operations will be suspended until - at least - May 29th. Miami-Dade has not issued any updated guidelines but courthouse operations are expected to be suspended at least through April. Palm Beach County is looking to keep courthouse operations suspended throughout April as well. What does this mean? Your pending criminal case may ...

Posted By Eric Matheny

6

Apr 2020

Can COVID-19 Get Your Loved One Out Of Jail?

With the coronavirus (COVID-19) pandemic, there is a greater need to release non-violent individuals from the South Florida jails. If your loved one is in custody on a probation violation , any non-violent offense, or any situation in which your loved one is in custody because they had their bond revoked for a pretrial release violation or for picking up a new charge, or they are in custody on a ...

Posted By Eric Matheny

1

Apr 2020

COVID-19 Update

These are unprecedented times for us all. As COVID-19 impacts every aspect of our daily lives, there are some things you should know with respect to criminal law. 1) Domestic violence is up. With people stuck inside their homes, dealing with the stress of this pandemic, while at the same time enduring economic stress as many are out of work or are suffering the slowing of their businesses, ...

Posted By Eric Matheny

17

Mar 2020

Coronavirus and South Florida Courts

With the recent Coronavirus pandemic, Courts in South Florida are closing. Broward County Courthouses (main courthouse and the three satellite courthouses) will be closed beginning March 16, 2020, for a period of two weeks. Emergency and special exceptions apply and can be viewed on the Broward Courts Website . Miami-Dade Courts will also be closed beginning March 17, 2020, for about ten days. ...

Posted By Eric Matheny

6

Mar 2020

The Decision To Plea Or Take Your Case To Trial

If you are in the unfortunate position of having been charged with a crime, you will likely be faced with a serious question: Do I accept a plea deal, or do I take my case to trial? This is not a decision that should be reached lightly nor should it be based on pride. Many times, people charged with crimes feel like the police and prosecutors have treated them unfairly. Or perhaps they feel that ...

Posted By Eric Matheny

25

Feb 2020

A Hit & Run Letter From The City of Miami Police

If you are suspected of committing a hit & run in the City of Miami, you will likely receive a letter in the mail from the City of Miami Police Department advising that your vehicle is suspected of being involved in such a crash. Even if you were not driving the car or do not recall getting into a crash (it could be minor), the registered owner of the vehicle will be notified since this ...

Posted By Eric Matheny

27

Jan 2020

Superbowl In Miami

The 2020 Superbowl is coming to Miami-Dade County. This is great for local football fans and the scores of tourists who will be traveling to South Florida for the big game. But it is a time where we will see a massive presence of law enforcement. Alcohol related offenses, such as DUI and disorderly intoxication, will be the top priority of police, who will be charged with the task of maintaining a ...

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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