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South Miami, FL 33143
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Category: Criminal Defense

What Amendment 6—Marsy’s Law—Means for Florida

On November 6 voters in Florida voted Yes to Amendment 6. Amendment 6, also known as Marsy’s Law, called for the revision of Section 16 of Article I of the Constitution of Florida, which details the rights of crime victims. Amendment 6 amends the current language in the Florida Constitution, which previously stated that victims [ Read More… ]

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How A Restraining Order, or Domestic Violence Injunction, Can Affect Your Life

What is a domestic violence injunction? A petition for a domestic violence injunction is also known as a restraining order or protective order. Anyone can file for an injunction if they are a victim of domestic violence or have reasonable cause to believe their life is in imminent danger of becoming a victim of any [ Read More… ]

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The Miami Batterer’s Intervention Program: One Size Fits All Solution or Problem?

The Florida Legislature has imposed mandatory batterer’s intervention classes for any crime of domestic violence as defined in Florida Statute 741.28. In addition, under Florida Statute 741.31, judges may impose the batterer’s intervention program for injunctions against domestic violence and must impose the program if there is a violation of the injunction. The purpose of [ Read More… ]

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What to do if Stopped or Arrested by ICE

What Should I Do if I am Stopped or Arrested by Immigration and Customs Enforcement (ICE) Under the Obama Administration, more people were arrested and deported than any other United States President until now. Under the Trump Administration, immigration arrests are up 39% with over 65,000 Immigration and Customs Enforcement (ICE) arrests currently in 2017. [ Read More… ]

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Senate Bill 643 Eyewitness Identification

According to the Innocents Project of Florida, eyewitness identifications account for approximately seventy-five (75%) percent of all wrongful convictions, nationwide, that have been later overturned by DNA evidence. Eyewitness identification has been cited as the single greatest cause of wrongful conviction in the State of Florida, yet Florida is one of the few states that [ Read More… ]

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Stand Your Ground Law in Miami, FL Could Change to Benefit Defendants

An already controversial Florida law commonly referred to as the “Stand Your Ground” Law, could be subject to a major change that will greatly benefit defendants in criminal cases.  The proposed change, which already passed in the Florida House of Representatives on April 5, 2017, would essentially shift the burden of proof from the defendant [ Read More… ]

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How Do I Remove a Criminal Conviction From My Florida Record?

Having a criminal conviction on your record can be life changing.  It can impact your employment, immigration status, right to vote, right to own a gun, or your ability to see your children.  In certain cases, an individual can remove a criminal conviction from their record to alleviate some of these concerns. However, individuals should [ Read More… ]

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Audit Reveals Limited Use of Body Cameras by Miami Police

Photo Credit: Ryan Johnson Highly-publicized incidents involving police officers in recent years have led to a public outcry for more departments to begin having their officers utilize body cameras. Many of us are familiar with the dashboard camera footage that police departments will use to help in the prosecution of alleged offenders accused of driving [ Read More… ]

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Future of Medicinal Marijuana in Florida Again Up to Voters

The video above features Dr. Jeffrey D. Kamlet, M.D., a Miami Beach-based physician and former president of the Florida Society of Addiction Medicine. The video is a political advertisement paid for by People United for Medical Marijuana, a Florida-based political action committee (PAC) seeking to legalize medical marijuana. Voters will again have the opportunity to [ Read More… ]

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What Happens if I was Arrested and the Officer Never Read Miranda?

As a criminal defense attorney in Miami, FL, clients often come into my office during the initial consultation and tell me that after the arrest the officer never read them the Miranda warnings. For most people, their only experience with Miranda warnings is what they see at the movies or on television. In the movies, [ Read More… ]

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