Get Answers to Common Questions Now

What is wire fraud?

Wire fraud is fraud that utilizes a form of telecommunication or the internet to defraud someone out of money or property. It is a felony offense.

Elements of wire fraud

To be charged with wire fraud, these elements must be present. The defendant must have intentionally devised a scheme to defraud someone out of money. There was intent to defraud.
It was reasonably foreseeable that interstate wire communications would be used to carry out the scheme. And finally, interstate wire communications were indeed used to carry out the scheme.

What is the punishment?

For individuals who commit wire fraud, it is punishable by up to 20 years in prison with a $250,000 fine. For organizations that commit wire fraud, it jumps up to $500,000.
There are also circumstances in which the punishment could be greater, with the penalty being up to 30 years in prison and a $1 million fine.

Forms of wire fraud

Internet scams, telemarketing fraud, phishing, anything that uses a television, telephone, email radio or internet are all forms of wire fraud.

Insurance fraud, tax fraud and bank fraud are often carried out via wire, resulting in additional wire fraud charges.

Mail fraud is often connected to wire fraud since communications are usually done with the use of several mediums.

Securities fraud involves fraudulent behavior with investment securities. Because it is a state and federal crime, the punishment can be great. While the jail time is only up to 5 years, the fines can reach up to $10 million. Federal securities fraud can be up to 20 years in jail.

Every act of wire fraud is its own separate offense. So, sending 5 emails that promise property that doesn’t exist, means 5 counts of wire fraud.

Defenses for wire fraud

If the defendant believed that the promises made to the individual were true statements, they could be found not guilty of wire fraud charges. Additionally, if someone uses exaggeration when trying to get someone to buy something on the phone or through the television, that could be a way to win the case.

There is also an argument your lawyer can make that proves that you had no intent to commit fraud. If the prosecution cannot prove intent, there can be no conviction.

Innocence is not the only way for the defendant to get out of a wire fraud charge. Often times, the prosecution will offer reduced sentencing if the defendant offers assistance in the arrest of another person involved in the wire fraud scheme.

Another way to get the case dismissed is by illegal search and seizure. If law enforcement officers searched a home or car without a warrant or arrested someone without probable cause, there is a possibility of a dismissal.

There is also a statute of limitations of 5 years. If the scheme affects a financial institution, the statute of limitation is 10 years.

Attempt or conspiracy to commit wire fraud

If you have attempted to commit wire fraud, you can be charged whether your fraudulent scheme was successful or not. Hefty fines and prison time are on the table when charged with this crime.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

No.  There are two (2) separate parts of a DUI case.  The first part is conducted and overseen by the Department of Highway Safety and Motor Vehicles and relates only to the suspension of your driving privileges.  The second part is prosecuted by the State Attorney’s Office in either County or Circuit court.  The outcome in one arena has no bearing on the other.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

It is perfectly normal to think this way and this is a question that almost every client that is under investigation asks during our initial strategy session.  Learning that you are under criminal investigation or that the police want to speak with you is nerve-racking and downright scary. You may even think that it’s best to just go ahead and speak with police so that this nightmare can end.  To be honest, there may even be some truth to the fact that police or a prosecutor may think twice about you wanting to have an attorney present before you speak with them. However, you can get yourself into trouble (or even more trouble) if you go ahead and speak with them without having an attorney in your corner.

I know, you’re probably wondering, ‘what if I’m innocent?’ or ‘won’t they know I’m guilty?’ Keep in mind that if they want to talk to you, they already think you’re guilty or may be involved somehow. Ask yourself this question: “Would I rather have them think I’m guilty and make sure my rights are protected or do I gamble and give them evidence they can use against me?”

It’s Your Constitutional Right

All of us have the constitutional right to not be forced to be a witness against ourselves (right against self-incrimination) and the right to counsel, meaning you can refuse to speak to police altogether or have an attorney present while speaking with police.  The police officers, detectives or agents that contact you and the prosecutor involved in the case know this and most will not hold your desire to speak with a lawyer against you.  If you end up getting arrested and become the subject of a case, they cannot use your silence against you.  And I’d be willing to bet that most police officers and prosecutors that found themselves in your shoes would opt for a lawyer before speaking.

Police Interrogation Tactics

Remember, police are trained in interrogation tactics and know how to get you to say certain things that could help their case.  They can also lie to you in order to get you to say certain things.  Basically, only they know where they’re trying to take an investigation or what their ultimate conclusion is.  This means they can get you there by getting you to say certain things without you even knowing and all while you think you’re answering in a way that will make you look 100% innocent.

Every search you consent to, or every statement you give police before protecting yourself by hiring a criminal defense attorney that will protect your rights makes your case that much more difficult.  It’s more difficult to get rid of evidence the police have already obtained because you cooperated with them before hiring a criminal defense lawyer than it is to not give them additional evidence in the first place.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

A DUI conviction will always appear on your record. Florida has mandatory adjudication laws for even a first-time DUI. Formal adjudication means that your DUI will become part of your permanent record and you will not be able to expunge it in the future. This can result in serious consequences for the rest of your life as you attempt to maintain a job, apply for a job, continue your education or receive professional licenses.

By hiring a DUI attorney you can ensure that your case is defended with zeal and that any and all possible defenses and challenges are raised to protect your rights. 

A DUI attorney can challenge many parts of your DUI arrest, such as the stop itself, the investigation, the tests given by law enforcement and the equipment used to administer tests.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

When faced with a federal investigation—or even after they are arrested—people have a lot of reasons for not calling an attorney right away. Often, they are so sure that their innocence is clear, and the charges will be dropped, they think they don’t need an attorney. Sometimes, people think hiring an attorney will make them look guilty. Unfortunately, they couldn’t be more wrong. The reality is, the earlier in the process you call a federal defense attorney, the better off you will be.

How Do You Know When You Need an Attorney?

As soon as you know—or even suspect—that you are the target of a federal investigation, you should talk to an attorney. Working with a federal defense attorney from the very beginning could save you a world of trouble, including:

Saying Or Doing The Wrong Thing

When you are under investigation for a federal crime, the smart move is to have an attorney speak for you, even if you are completely innocent. Without legal advice, you could say something that hurts your defense without realizing it.

Going To Jail

If you are charged with a violent crime or serious drug offense, you may be denied bond and held in pretrial detention. You do not want to go to a detention hearing without legal representation. In some cases, your defense attorney may be able to get you released on bond.

Giving Up Your Rights

Defendants who are not aware of their legal rights often give them up inadvertently. An experienced federal defense attorney will understand your rights and do everything he can to protect them throughout the criminal process.

When you are facing federal charges—whether it’s a white collar crime or a drug offense—the odds are stacked against you. An investigation and arrest should be taken very seriously. Hiring the best attorney you can afford as soon as possible is the best way to protect your rights and get a shot at a fair trial. If you are facing a criminal charge in federal court, we should talk.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

The short answer to this question is yes—any action can be misconstrued by law enforcement or prosecutors, especially when an estranged or former spouse makes an accusation. Florida allows for corporal punishment of children, but the law is left open to interpretation to some degree. If you have been accused of domestic or family violence for disciplining your child, your first move should be to call a defense attorney. You may be confident that you didn’t cross a line with your child, but that doesn’t mean the state will agree. Domestic violence defense attorney Daniel Izquierdo will fight for your right to discipline your child appropriately without facing criminal charges.

What Does Florida Law Say About Appropriate Discipline?

In defining child abuse, Florida statute 39.01(2) states, “Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.” The key phrase here is “harm to the child.” This is where interpretation can play a role. Florida law defines harm as “physical, mental, or emotional injury,” so even if your child’s spanking did not cause physical injury, you could be accused of causing a mental or emotional injury. Generally speaking, corporal punishment should be limited to using the hand to spank the buttocks and should not cause any of the following:

• Bruises
• Lacerations
• Sprains or dislocations
• Fractures
• Scalds or burns
• Internal hemorrhage
• Scarring or disfigurement
• Emotional effects such as fear, anxiety, or withdrawal

In Florida, domestic violence is defined as “assault, aggravated assault, battery, aggravated battery…or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” It’s easy to see how corporal punishment of a child could be seen as abuse or domestic violence. Slapping, punching, shoving, or grabbing a child—even a teenager—could be charged as abuse.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

Do You Have to Consent to a Search?

I’m attorney Daniel Izquierdo of the Izquierdo Law Firm and the answer is very simple. You should never consent to a search.

When Can Law Enforcement Search Your Vehicle?

There are some exceptions where law enforcement could search your vehicle, but you should never voluntarily consent to them searching your vehicle.

What Happens If You Give Consent?

If you give consent, they might find something. Secondly, they could lie about what they find and plant evidence. So, you should never, under any circumstances, give your consent to have your car searched.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

If you were charged with a crime such as rape, assault, vandalism, or harassment and the alleged victim is a member of a protected class, you could face additional penalties for “evidencing prejudice while committing an offense.” In other words, you could be charged with a hate crime. However, the state will have to meet a particular burden of proof, and that’s where a skilled defense attorney can help.

What Is a Hate Crime?

A violent crime can be reclassified as a more serious offense if it is suspected that the victim was targeted because of one of the following characteristics:

• Race
• Color
• Ancestry
• Ethnicity
• Religion
• Sexual orientation
• Gender identity
• National origin
• Homeless status
• Advanced age

However, it takes more than just the personal characteristics of the victim to justify charges of a hate crime. The prosecutor also has to prove that the defendant was motivated to commit the crime by hatred or bias towards to victim. The use of a discriminatory slur is not sufficient to prove that a hate crime has occurred. Evidence must be presented that the perpetrator holds prejudiced views and targeted the victim because of a personal characteristic.

How a Defense Attorney Will Fight Hate Crime Charges

Hate crime charges are usually added to a base offense, such as robbery or assault. One possible defense is to prove that you didn’t commit the base crime, and therefore, are not guilty of a hate crime. If you are found guilty of the base crime, your attorney can fight the hate crime enhancement by presenting evidence of the following:

• You have no history of prejudice against people with the same personal characteristics as the victim.
• You do not associate with groups that target these individuals.
• You did not use discriminatory slurs, gestures, or symbols during the commission of the crime.
• You were unaware of the victim’s personal characteristics.
• You were not aware that language or markings you used are considered offensive to certain groups.
• Other evidence that you were not motivated by hate or prejudice.

A hate crime enhancement can add years to a prison sentence and raise fines substantially, so it is important that you hire the best defense attorney you can to fight these charges.

Have You Been Charged With a Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

After you surrender or are arrested by federal law enforcement, you will immediately (usually within 24 hours) be brought before a United States Magistrate Judge for your initial appearance (this may also be referred to as ‘first appearance’). You should note that initial appearances occur before a Magistrate Judge and take place the business day after the arrest or surrender. At this hearing the judge will read, explain, or list the offense(s) that you are being charged with.  You will be informed of your rights and the judge will ask whether you are able to hire a lawyer to represent you or if you would need a court-appointed lawyer.  In order to have a lawyer appointed by the court, you will have to qualify for one based on your responses to the court’s questions and by demonstrating a need given a lack of financial resources to retain counsel.

If you have already hired a federal criminal defense attorney to represent you, they will likely appear on your behalf at the initial appearance and inform the court as to the scope of representation (i.e. whether they’re representing you for the initial appearance and bond purposes or if they are entering a permanent appearance to be your lawyer through the end of the case).

In addition to sorting out that you are the person named on the criminal charging document as well as who your legal counsel will be, the court will then address the issue of bond.  At the initial appearance you can either receive a bond and be released (either one set by the Magistrate Judge or as part of an agreement between your lawyer and the government), or the government may ask for pretrial detention.  In this case, a detention hearing will usually be set no later than five (5) days from the date of your initial appearance.

If you are here today because you feel frustrated about an upcoming initial appearance in federal court or issues having to do with bond and pretrial release and it is disrupting your life, we should talk.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

You probably didn’t even know you were being investigated for a crime, and now you have been arrested and charged with securities fraud. What does that mean, and what should you do about it? Federal defense attorney Danny Izquierdo explains here.

Securities Fraud Is an Umbrella Term for Many Crimes

Facing charges for federal financial crimes, like money laundering and securities fraud, can be scary and confusing. There is a misconception that these crimes always involve millions of dollars and high-powered criminals. The reality is that it doesn’t matter how much or how little money is involved. If you knowingly cheat someone out of money, you could be facing federal charges.

A “security” in this context is any investment vehicle—such as stocks, bonds, options, banknotes, or derivatives. If you knowingly use a phony investment opportunity to cheat someone out of money, you could be charged with securities fraud. Some examples of this crime include:

Insider trading.

If you obtain or share non-public information about a company in order to make money on the stock exchange, you could be charged with insider trading.

Ponzi scheme.

Duping people into investing in a non-existent company and paying earlier investors with money from newer investors is what’s known as a Ponzi scheme.

Advance fee scams.

Requiring investors to pay an up-front fee or tax and then never delivering on the investment is a form of securities fraud.

High-yield investment fraud.

Promising high rates of return with little up-front investment, particularly when you are not actually investing the money, is a common form of fraud.

There is always risk in investing, and sometimes a legitimate investment vehicle loses investors’ money. That is not fraud—that’s bad luck. However, when someone knowingly defrauds a person who believes they are investing in a legitimate opportunity—that is fraud.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

When a loved one is arrested, whether it’s your child, spouse, or close friend , the fear and confusion can be overwhelming. You might not know what to do first or who to call.

At Izquierdo Law Firm, we’ve seen how those first few hours can make all the difference. Here’s what you should know and how to take the right steps to protect your loved one’s rights and future.

1. Confirm If They’re Eligible for Bond

The first and most important step is to find out whether your loved one is eligible for bond. This allows them to be released while their case moves forward.

If they are eligible, act quickly to post bond , either directly or through a bondsman, so they can return home and start focusing on their defense.

2. Stay Calm and Gather Information

Once your loved one is out, it’s natural to feel upset or angry. But what they need most right now is your support.

Gather the necessary paperwork: arrest details, bond receipts, and any contact information from the arresting agency or detention center. This information helps a criminal defense attorney start reviewing the case immediately.

3. Contact a Trusted Criminal Defense Attorney

After release, your next step should be to hire an experienced criminal defense lawyer.

At Izquierdo Law Firm, we focus on helping families in Miami-Dade and across South Florida navigate the criminal justice system with clarity and compassion. We’ll evaluate the charges, explain your loved one’s options, and create a clear defense plan to restore peace and stability.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If your loved one was recently arrested in Miami-Dade, don’t wait. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. Schedule a Free 4-Point Case Evaluation & Defense Strategy Session with Izquierdo Law Firm today and get the guidance you deserve. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

A stop that leads to a DUI is very similar to a regular traffic stop, until it’s not. You should expect being asked for your license and registration. The officer may ask why you think you were pulled over. Things could quickly escalate from there if the officer makes any kind of observations that will give them indicators that you may be impaired. That’s when the barrage of questions could begin. “Where are you coming from? Have you had anything to drink? Are you okay to drive? Get out of the car, so I can perform these field sobriety exercises and you can dispel my concern that you’re safe to operate your motor vehicle.” Remember, this could get tense and nerve racking very quickly if the officer feels that you may be driving under the influence or DUI. Make sure to have your documents ready. You want to say as little as possible and remain as courteous with the officer as possible.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

1. Get Proper Medical Treatment: Contrary to popular belief and catchy jingles you may hear on the radio, you do not have to call an attorney right away after a car accident in Florida.  The most important you can do is get proper medical treatment.  It is a mistake to put off medical treatment simply because you are worried about the value of your car accident case.  Quick medical care is just as important for your car accident claim or lawsuit as it is to your health and wellbeing.  By failing to get proper treatment and care, you could be contributing to your injuries.  This will reduce the amount of money that you can recover from whoever really caused your pain.

2. Be Honest With Your Doctor: Do not lie or withhold information from your doctor.  Many people who are seriously injured in an accident fail to tell their doctors everything.  Make sure you are communicating all of your complaints to your doctor.  People do this for many reasons.  Mostly because they think the pain will fade or the focus on the broken bones and forget to mention the smaller stuff because it is, well, smaller or they think it’s not related to the accident because it didn’t appear until a few days later.  All of this can hurt your case down the road.  Tell your doctors everything.

3. Document Everything: Gather as much evidence as possible immediately following an accident.  That includes taking pictures, obtaining reports, witness names, etc.  Also, keep track of all medical treatments, hospital and/or doctor’s visits and procedures you received after your injury.  Keep a journal and make a file with dates.

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

To convict you of driving under the influence in Florida under section 316.193(1), Florida Statutes, the prosecutor must prove every element of the charge beyond a reasonable doubt.

The prosecutor MUST be able to prove:

1. You drove or were in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, you

• were under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that your normal faculties were impaired.
• had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

Actual physical control of a vehicle means you are physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether you are actually operating the vehicle at the time.

According to Florida’s standard jury instructions, normal faculties “include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.”

What happens if there is a blood/breath reading in my case?

When the jury hears evidence of a blood/breath reading, Florida law has various presumptions (these presumptions may be overcome with other evidence that you either were, or were not, under the influence:

• Reading below a .05 – If you were driving or in actual physical control of a vehicle and had a blood or breath-alcohol level of .05 and below the jury is to presume that you were not under the influence.
• Reading more than .05 but below .08 – When a jury finds that you were driving or in actual physical control of a vehicle and had a blood or breath-alcohol reading above a .05 but below a .08 there is no presumption either way that you were, or were not under the influence. In this case the jury will consider other evidence to determine whether you were under the influence to the point that your normal faculties were impaired.
• Reading of .08 or more – This evidence alone is enough to find that you were under the influence at the time of driving or being in actual physical control of a vehicle. Note: this evidence may be contradicted or rebutted by other evidence that you were NOT under the influence to the extent that your normal faculties were impaired.

What if I failed the roadside sobriety tests or blew over the legal limit?

There may still be defenses available in your case. DUI law is very complex and has many layers. Don’t assume that because you were stopped, arrested, did not perform to standards on the roadside sobriety exercises and blew over the legal limit of .08 that all is lost. Before you go to court and plead guilty to the charge of DUI, you should seek the experience and counsel of a DUI lawyer in Miami to discuss your case, potential defenses and options.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Sexual cyberharassment is when a person willfully and maliciously publishes a sexually explicit photo or video of another person, along with personal identifying information, without their consent, with the intent of causing the person emotional distress.

The sexually explicit messages are often made consensually, but were not intended to be disseminated to others or publicly.

The images could be posted to social media sites, to a website or through email or text message.

Penalties for Sexual Cyberharassment

If it is the first offense, the penalty is a First Degree Misdemeanor, punishable by up to one year in jail, one year of probation and $1,000 in fines.

If it is the second offense, it is a Third Degree Felony, punishable by up to five years in prison, five years of probation, $5,000 in fines and 60 days of vehicle impoundment or immobilization.

A judge is required to sentence an individual convicted of Second Offense Sexual Cyberharassment to a minimum 10 days in jail.

Defenses for Sexual Cyberharassment:

• Anonymity: It is unlawful to publish sexually explicit images or videos that identify the person. But, if the person cannot be identified in the photo or if there is no information about the individual in the post, it does not constitute Sexual Cyberharassment.
• Consent: If it can be proven that the individual did indeed consent to their photo or video being distributed or shared, it does not constitute Sexual Cyberharassment.
• Legitimate Publication: If the image was used in a publication for a medical purpose, it would not be considered Sexual Cyberharassment. This could also apply to an artistic publication.

If you have been arrested or charged with Sexual Cyberharassment, contact Daniel Izquierdo today.

Have You Been Accused of Domestic Violence in Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

Reasonable suspicion means that the officer who stops you needs to be able to swear and testify to facts that led him to have a legal basis to pull you over for a crime or traffic violation. A seasoned DUI attorney will be able to analyze the traffic stop of your vehicle and determine whether you were legally stopped. Oftentimes, police officers will simply go on a hunch—this is not enough! There are common reasons given by police officers on their arrest reports to justify stopping someone and subsequently arresting them for DUI. Even if you fail to signal while changing lanes or turning, or you happen to weave within your lane or even outside your lane, there are no grounds for a traffic infraction. If the court rules that there was no legal basis for the traffic stop, then evidence will get suppressed and the charge is typically dismissed.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

DUI is an abbreviation commonly used for Driving Under the Influence. A person is guilty of DUI if he or she is driving or in actual physical control of a vehicle and is under the influence of alcohol or any chemical or controlled substance to the point that their normal faculties are impaired, or that person has a blood alcohol level of .08% or above.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Mortgage fraud is any type of misrepresentation relating to property or potential mortgage loan. When someone lies intentionally or omits information at any time during the mortgage application and approval process, that is fraud. This type of fraud can be committed by individual borrowers or industry professionals.

Fraud for housing is fraud committed by the borrower. The borrower misrepresents income or assets for the purpose of acquiring a home.

Fraud for profit is committed by the industry professionals or lenders. This involves collusion with appraisers, mortgage brokers, bank officers and others in the industry. The intent is to steal cash or equity from homeowners.

Penalties for mortgage fraud

Depending on the value of the loan, the penalty for a federal mortgage fraud conviction can be steep. With a possible prison sentence of 30 years and a fine of up to $1 million, you need representation that is knowledgeable and experienced in mortgage and real estate fraud.

Defense for mortgage fraud

There must be intent to defraud to be charged. If a mistake was made, but it can be proven that it was an error and not an intentional misrepresentation, you can get the case dropped.

What do I do if I am charged with mortgage fraud?

Reach out to Daniel immediately if you have been charged with mortgage fraud. The consequences are severe and the cases are complex.

Have You Been Charged With A Federal Crime?

If you’ve been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

What Happens at an Arraignment?

An arraignment is typically the beginning of every criminal case. Arraignment is where the prosecution announces the charges they are filing against you (if any).  This is also where the judge formally addresses the charges against you and asks you how you wish to plea to the charges. The pleas are usually “guilty,” “not guilty” or “no contest.”

Can You Waive an Arraignment?

If you have hired an attorney prior to the arraignment date, you could have the option to waive the arraignment. If your attorney files written pleadings on your behalf, you do not have to physically show up to court. If a defendant (through counsel) waives the arraignment, it usually means that he or she is aware of the charges against them, and will plead not guilty.

How Long After Arrest Does an Arraignment Take Place?

Normally, the arraignment occurs shortly after the arrest. For in-custody defendants, if an arraignment takes longer than expected, the defendant could argue that his or her constitutional right to a Speedy Trial is being violated. If there is proof that the arraignment was delayed for an inexcusable reason, the case could be dismissed. However, this is most likely not the case.

Can an Arraignment Be Rescheduled?

If the defendant wants, needs, or does not have a criminal defense attorney on the day of the arraignment, the defendant is allowed to ask for a rescheduling of the arraignment day. If this occurs, the judge can reschedule the arraignment for a day that the defendant will have a lawyer present.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

Living in Miami it can seem like all is lost after your license is suspended, revoked or canceled.  However, you may still qualify for a restricted license that allows driving for certain purposes.  You need to be aware that no hardship restriction can be added to a Commercial Driver License (CDL).

Therefore, anyone who seeks a hardship reinstatement of their driver’s license, must obtain a Class E license.  The Class E license can include one of two restrictions: C Restriction or D Restriction.

Restriction C is known as a “Business Purposes Only” license which allows you to drive for the limited purpose that is “necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and medical purposes.”  See Florida Statutes, § 322.271(1)(c).

Restriction D is known as “Employment Purposes Only” and that a driving privilege that is limited to driving to and from work or any necessary on-the-job driving.

Violating any of the above restrictions results in a Misdemeanor of the Second Degree and you will lose your driving privilege for the rest of the suspension/revocation period.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.