Please Note: Izquerido Law Firm remains open and available to serve you and meet your criminal defense, DUI defense and Federal Crimes attorney needs during the COVID-19 crisis. We can meet with clients, existing or new, in person, over the phone or with your preferred video-chat application. Please call our office at 305-707-7345 to discuss your options.
Common Questions About Criminal Defense Cases
When starting down the road to a criminal trial, many clients have the same questions. Here, our knowledgeable lawyer has shared some of his answers to the most common questions to help offer information and peace of mind when you need it most.
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Can video from a doorbell camera be used against me in court? 
Cameras are everywhere these days, and it’s hard to do anything without being caught on video. But can a dark, grainy video be used as evidence that you committed a crime? The prosecutor can try, but your defense attorney should do all he can to discredit the evidence in court.More Surveillance Video Is Available Than Ever Before
There is no doubt that cell phones and surveillance cameras have had a big impact on crime in recent years. When a crime is caught on camera, it becomes much harder for a defendant to deny the accusations against him. Sometimes, this is a good thing for society. For example, both bystanders with cell phones and police officers’ own body cams have caught incidents of police brutality on camera, proving cases that would have otherwise been impossible to prove. However, images caught on camera are not always great quality, and this creates problems for innocent people who are falsely identified.
Challenging the Evidence in Court
Surveillance cameras have been around for a long time, especially in stores and businesses. More recently, people have been installing doorbell cameras to keep an eye on what happens on their front porches. These cameras have captured everything from animal antics to heartwarming acts of kindness, but they have also led to misidentifications and false arrests. If you have been identified as a suspect based on a doorbell camera or security camera, your defense attorney should:
Question the quality.
Security video footage is often dark, blurry, and grainy. It is very difficult to get a positive facial identification from them because the resolution is just not high enough. If you were identified based on clothing or the model of a car, your attorney should make a point that this evidence is circumstantial at best.
Look at the evidence chain.
It is surprisingly easy to hack into security systems and to alter or edit video footage. If the prosecutor cannot establish a clear chain of possession for the video that is being used, your attorney should question its reliability as evidence. Since digital video can be tampered with remotely until it is taken offline, the chain of possession should always be questioned by the defense.
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.
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What is sexual misconduct? 
If you have been charged with sexual misconduct in Florida, you might not think it’s that big a deal. After all, how could “misconduct” be as serious as something like rape or child pornography? However, not taking this charge seriously could be a big mistake that could impact your family and your future. As a sex offense, sexual misconduct carries penalties that could haunt you for many years to come.Why Am I Being Charged With Sexual Misconduct?
Florida and most other states criminalize sexual conduct between a person in a position of power and someone who is subordinate to him. When there is an imbalance of power, the law assumes that the person in the inferior position is not capable of freely consenting to sexual activity and therefore the sexual relationship is forced or coerced, which is a crime. Examples of relationships with an imbalance of power include the following:
- Employer and employee
- Doctor and patient
- Correctional officer and inmate
- Caretaker and disabled adult
- Teacher and adult student
Even if you believed your sexual relationship to be consensual, you could be arrested for sexual misconduct if you get involved with a subordinate and he or she decides to press charges. If you try to convince the accuser to drop the charges, you could be digging yourself an even deeper hole.
Why You Should Take the Charge Seriously
A conviction of any type of sex crime, including sexual misconduct, can land you on the Florida sex offender registry. This list is available to the public, so there will be no way to keep your criminal history private. Being on the registry will restrict where you can live and will probably cost you your job.
A skilled defense attorney can build several possible defenses to a sexual misconduct charge, including offering proof of consent in order to reduce the charges and keep you off the sex offender registry.
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.
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What is the difference between rape and sexual battery in Florida? 
These terms can be used interchangeably by accusers, police officers, and even lawyers. However, in an official legal context, you will not see the word “rape” used in Florida. While your accuser and even the law enforcement officers you deal with may use the term, the legal charge will be sexual battery. We take a look at this charge and why you need to hire a criminal defense attorney to defend you if you are accused of sexual battery.What Falls Under a Sexual Battery Criminal Charge?
To answer this question, it is necessary to use the language as it appears in the state statute, which is necessarily graphic. In Florida, sexual battery is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or…by any other object, without the other party's consent or capacity to provide consent.” In other states, and under federal law, the term for this crime is rape. Make no mistake; if you are charged with sexual battery in Florida, that means you are being charged with rape, and you will face serious penalties. This is a felony offense and should be taken seriously. If convicted of sexual battery, you face:
- Life in prison without parole or the death penalty if you are over 18 and the victim is under 12
- 30 years to life in prison if you are under 18 and the victim is under 12
- Up to 15 years in prison if the victim is 12 or older
- Up to 30 years in prison if the victim is 12 or older, and the crime included threats or coercive acts, or the victim was physically incapacitated
- 30 years to life in prison if you used a deadly weapon or physical force likely to cause serious bodily injury
- Anyone convicted of sexual battery in Florida will be required to register as a sex offender.
A possible defense to a sexual battery charge is to argue that the accuser provided consent. Under the statute, consent is defined as “intelligent, knowing, and voluntary, and does not include coerced submission. ‘Consent’ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” If you believe you had consensual sex with a partner who later accuses you of sexual battery, you will need an experienced sex crimes defense attorney to make this argument in court.
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.
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Will I be charged in state or federal court for an internet crime? 
Which court you end up in to face cybercrime charges will all depend on who arrested you. If you were arrested by the FBI, for example, you will appear in federal court. If you were arrested by the Miami-Dade police, you will appear in a local court. Either way, you want a criminal defense attorney with experience in that court who can protect your right to due process. Attorney Daniel Izquierdo represents clients in both federal and state courts and is experienced in a range of cybercrime defenses.When a Cybercrime Is Likely to Be Charged by a Federal Agency
Most states, including Florida, have laws against certain activities on the internet that mirror federal law. Therefore, if you break state law, you are likely also in violation of federal law. Common cybercrimes include:
Child Pornography
Using the internet to transmit explicit images of children is a crime in Florida and at the federal level, although federal law takes a more conservative view of what constitutes pornography.
Phishing
Sending multiple emails with the intent to deceive recipients—also known as spam—is often a federal crime because it targets people all over the country.
Hacking
Officially known as accessing stored communication, this becomes a more serious crime when the perpetrator has gained financially from the offense or has maliciously destroyed property.
Fraud
Using a computer to commit any kind of fraud is illegal. If the fraud crosses state lines, you will likely face federal charges.
Harassment
Cyberbullying may remain under local jurisdiction if both the bully and the victim are local.
In general, the more serious or widespread the criminal activity is, the more likely it is that a federal agency will be involved. If the activity crosses state lines—for example, soliciting a minor to travel to Florida—it will likely be transferred to a federal agency, even if it began as a local investigation.
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.
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Can strict parenting be considered domestic violence in Florida? 
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.
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Can an accuser prove a domestic violence charge without evidence? 
As with any criminal charge, it will be up to the prosecutor in a domestic violence case to prove in court that a crime was committed and that the defendant is guilty. They do this by presenting evidence. If your partner has accused you of domestic violence, you may believe that there could not be evidence that proves your guilt. However, you might be surprised by what the state presents at trial.What the State of Florida Will Have to Prove to Convict You
In order to prove a domestic battery case, the state will have to provide evidence that shows one of the following:
- The defendant actually and intentionally touched or struck another person against the will of the other.
- The defendant intentionally caused bodily harm to another person.
Photographic and medical evidence that the accuser was injured is not enough to prove that the defendant caused the injuries and did so intentionally. The prosecutor will have to present evidence that corroborates the accuser’s story and establishes intent.
Evidence That May Be Used to Prove Your Guilt
You might be confident that no such evidence exists, but prosecutors are very resourceful when it comes to gathering evidence to support a domestic violence charge. A key piece of evidence will be the accuser’s statements and testimony in court but, even if the accuser has changed his or her mind about testifying, the state may still have enough evidence to convict you. Potential sources of evidence include:
Cell Phone Records
Tech experts can pull text messages, voicemail messages, and emails from your cell phone and computer. If any of the communication can be viewed as threatening or angry, this could establish a motive for the alleged attack.
Witness Testimony
Investigators will talk to neighbors and others in the area at the time of the alleged abuse. They may have overheard a fight—either on the day of the alleged incident or on another occasion—that could make you look guilty.
Security Camera Images
Traffic, security, and porch cameras may have captured images of you coming or going from the accuser’s home. Bystanders’ cell phone videos may also provide evidence of your whereabouts and verbal or physical altercations between you and the accuser.
Medical Evidence
The police will photograph the accuser’s injuries when they respond to the call. Further medical exams could provide evidence of how the injuries occurred. Could the bruise have been caused by a fall, or did someone clearly grab the victim’s wrists? Medical experts will answer these questions in court.
You cannot refute all of this evidence on your own.
This Is Why You Need a Miami Defense Attorney as Soon as Possible
If you have been arrested and charged with domestic violence, you need to call an attorney right away. Believing in your own innocence and being confident that there is no evidence to prove your guilt will not be enough to protect your reputation and your freedom if your case goes to trial.
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.
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I have been charged with a sex crime in Florida—should I use a public defender or hire a private attorney? 
As the saying goes, you get what you pay for. The more money you invest in a phone, car, or new suit, the better the quality you will get, and the happier you are going to be with it. Unfortunately, this is also true of our criminal justice system. When you are charged with something as serious as a sex crime, you want to hire the best attorney you can afford.If You Cannot Afford an Attorney, One Will Be Provided for You
You should have heard these words as part of your Miranda rights when you were arrested. What it means is that the state will provide you with a defense attorney—known as a public defender—if you do not have the money to hire one yourself. This is an important right and one you should fully exercise if you do not have the money to hire an attorney. However, if you do have personal resources, you will not have the option of using a public defender. You will have to hire a private attorney.
Advantages of Hiring a Private Attorney
Public defenders are hard-working attorneys who do their best for their clients—there is no question about it. However, their caseloads are big and they are not able to spend a lot of time on each case. While they do often have good relationships with judges and prosecutors and may be able to secure quick plea deals, they simply don’t have the resources private attorneys have to build a strong defense. When you hire a private defense attorney, on the other hand, you will find that he is:
Available When You Need Him
Private attorneys build their businesses on being responsive to clients, so they will make an effort to answer your phone calls and meet with you when you request it.
Backed Up By Staff For Additional Support
Private criminal defense law firms have the resources to hire office staff who can answer questions and help clients when the attorney is not available.
Free To Limit His Caseload
Unlike public defenders who have no say in how many cases they get, a private attorney will only take as many cases as he can manage. This way, he can devote more time to each client.
Concerned About Outcomes
Private attorneys get new clients primarily by word of mouth. If they continually plead cases out and rarely get acquittals, they will not get new clients. Winning for his clients is essential to a successful practice.
Unlike a public defender, who is simply assigned to you, you have options when choosing a private attorney. Ask people you trust for recommendations and take the time to ask potential attorneys questions about their firm.
Are You Need Of A Florida Sex Crimes Defense Attorney?
If you've been accused of a sex crime in Florida you need to speak with an experienced sex crime defense lawyer as soon as possible. Contact me online or call my Miami office at 305.707.7345 today. We will discuss options for your defense and do everything we can to protect your rights and fight the charges.
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If my partner decides to drop the domestic violence charges against me, am I off the hook? 
Maybe a fight got out of hand, and a neighbor called the cops. Or maybe your partner thought you were a threat and called the police. Whatever led to the police getting involved, if they believe the accuser, and you are arrested and charged with domestic violence, it will not be easy to get out of it—even if the accuser takes their story back. That is why you must call an attorney as soon as you are arrested, even if you believe it is all a misunderstanding that will be cleared up.Accusers Do Not Have the Power to Drop Charges
In the moments after an incident, the accuser holds all the power. You may be able to explain what happened and talk him or her out of calling the police, but once the call is made, it is out of the accuser’s hands. If you are arrested, it is up to the prosecutor to decide whether to pursue charges or not. Even if the accuser withdraws the complaint and refuses to testify against you, the charges could stand, and you could be facing a trial and jail time. Without an accuser, prosecutors could use the following to support their case against you:
Evidence Collected At The Scene
If there are signs of a struggle or your partner is obviously injured, the police will take pictures and present this evidence to the prosecutor. Even if the accuser later explains away the evidence, the prosecutor may not believe the story.
Witness Testimony
Police may also talk to neighbors. If they report that they have heard shouting or seen signs of fighting at your home, this will be strong evidence against you, even without a statement from your partner.
Criminal Record
If you have previous arrests on your record or have had complaints filed against you in the past for any violent crime, prosecutors will assume that you are capable of domestic violence, regardless of your partner recanting the complaint.
Without an experienced Florida domestic violence defense attorney on your case, you won’t have a prayer of getting the charges reduced or dropped.
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.
Related Links:
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Will My Domestic Violence (Battery) Charges be Dropped if the Victim Doesn’t Want to Press Charges? You’d be amazed how many people come to me wondering this very thing. It is logical to assume that if the alleged victim in a domestic violence case does not want to prosecute that the case will be dismissed by the State Attorney’s Office.
However, the prosecutor does not have to drop your case simply because the victim does not want to cooperate. Therefore, the simple answer is: No. Your case will not automatically be dropped because the alleged victim says so.
Domestic violence cases are prosecuted very aggressively in Florida, and Miami is no exception. The prosecutor (and the prosecutor alone) determines whether to file formal charges against you and later determines whether your case should be dismissed.
If you have recently been arrested for domestic violence, please do not think that everything will simply go away and your case will be dismissed because the alleged victim does not want to prosecute. As you can imagine, domestic violence cases are very emotional.
What one day may seem like everything is back to normal can turn into a living hell the next. Letting your guard down simply because you have reason to believe that the alleged victim does not want to press charges is a surefire way to get yourself in a lot of trouble. You can end up with a permanent criminal record and even end up in jail.
What NOT to Do
Under no circumstances should you attempt to contact the alleged victim to ask that they drop the case, nor should you intimidate or threaten the alleged victim in any way. Doing this will be a violation of the court’s stay away order or no contact order. This is not only another criminal charge that you will have to defend but they can also revoke your bond and put you back in jail.
Taking matters into your own hands by attempting to contact the alleged victim or simply assuming that everything will get dropped is not the strategy that you should employ when facing these serious charges.
What Should You Do If the Victim Doesn’t Want to Prosecute?
If you have reason to believe that the alleged victim in your case does not want to prosecute (or press charges), then you should seek the help of an experienced criminal defense lawyer to help you through this emotional court case. An attorney that handles domestic violence cases will be able to help you navigate this tricky area of law in order to resolve this in the best possible way.
If you have questions about your Domestic Violence charge and would like more information, you can download a FREE copy of Daniel Izquierdo's special report, He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case in Florida from our website. If you are here today because you feel frustrated about a domestic violence battery charge and it is disrupting your life, we should talk. You can also contact us to set up a Free 4-Point Case Evaluation and Defense Strategy Session with me.
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.
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What Happens if the Victim Doesn’t Want to Prosecute in a Domestic Violence (Battery) Case? You may be thinking that if the alleged victim in your domestic violence case doesn’t want to press charges (or prosecute) that you’ll be in the clear. That is a very common misconception in domestic battery cases and one that could put you at risk of severe and long-lasting consequences. See, once a battery case enters the domestic violence division, it is up to the State Attorney’s Office whether to pursue criminal charges. Meaning it’s the prosecutor and not the alleged victim that decides what happens to the case once an arrest has been made.
In Miami, the State Attorney’s Office is very aggressive in pursuing domestic violence charges in criminal court with or without a victim. One can see that if a victim is not cooperating it could very well mean that they have no interest in pressing charges or having the case prosecuted. It could also mean that the incident was blown out of proportion and things may not have transpired the way they were initially reported. Or the parties have reconciled now that everyone has calmed down.
However, from a policy standpoint the prosecutor is cautious as it could also mean that the victim is scared to cooperate by helping them move the case forward or, even worse, is being threatened or intimidated by the defendant to “drop the charges.”
Victim’s Influence
Even though the prosecutor is the one that files charges and decides whether to dismiss a battery case, the victim does still have an impact on the case. In domestic violence cases the prosecutor will attempt to contact the victim in order to get a statement from them and also to discuss how the victim would like the case to be resolved.
Common sense would tell you that it is more difficult for the State to prove its case and move forward if the victim is not cooperating than if the victim is 100% on board. However, many domestic violence cases can go from bad to worse because of the mistaken belief that all will be fine simply because the victim is “not pressing charges.” Prosecutors can go forward with or without a victim and oftentimes continue to push cases where other evidence (i.e. reports, statements, 911 calls or photographs) supports the charge. Meaning that a victim's lack of cooperation does not mean that the State will drop the charges against you.
What Should You Do?
First, you SHOULD NOT try to contact (or influence) the alleged victim in any way. Your Stay Away Order prohibits you from not only coming within 500 feet of their residence, job, school, etc. but it also prevents you from having any type of contact (direct or indirect). Contacting the alleged victim could lead to your bond being revoked and being thrown in jail. It can also bring more criminal charges such as violating an injunction or no contact order or witness tampering.
If you are charged with domestic violence and you have a reason to believe that the alleged victim does not want to prosecute, press charges or cooperate with the prosecutor, consult an attorney. An experienced criminal defense lawyer in Miami will be able to handle this on your behalf and knows how to proceed when the victim doesn’t want to.
If you have questions about your Domestic Violence charge and would like more information, you can download a FREE copy of Daniel Izquierdo's special report, He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case in Florida from our website. If you are here today because you feel frustrated about a domestic violence battery charge and it is disrupting your life, we should talk. You can also contact us to set up a Free 4-Point Case Evaluation and Defense Strategy Session with me.
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.