Criminal Defense Blog | Miami Dade County Criminal Lawyer

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

13

Jun 2018

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 ...

Posted By Eric Matheny

4

Jun 2018

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. ...

Posted By Eric Matheny

25

May 2018

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 ...

Posted By Eric Matheny

21

May 2018

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 ...

Posted By Eric Matheny

15

May 2018

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 ...

Posted By Eric Matheny

8

May 2018

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 ...

Posted By Eric Matheny

26

Apr 2018

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 ...

Posted By Eric Matheny