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What Is Included In Your Miranda Rights?

Right to remain silent  

Anything you say can be used against you  

You have the right to have an attorney present  

If you cannot afford an attorney, one will be provided  

Knowing this, are you still willing to speak with police  

The Police Didn’t Read Your Miranda Rights: Can Your Case Be Dismissed?

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.

When you are issued a “Business Purposes Only” permit, you are allowed to drive for any purpose necessary to “maintain livelihood.” This type of license operates under Restriction C.  The restriction is limited to driving:

• To and from work
• School or educational purposes
• Necessary on-the-job driving
• To go to church, or
• To see a doctor or medical reasons.

When you are driving with a Business Purposes Only license, it is important to keep driving to a minimum and ONLY for the purposes outlined above and in section 322.271 of the Florida Statutes.  If there was ever a time to err on the side of caution, this is it.  Drive only when absolutely necessary.  Meaning if you can have someone take you to church or to the doctor, do it.  If you can car pool when driving to school, take advantage of it.  If you can use public transportation or it’s feasible to take Uber or Lyft to work, I would definitely consider it.  I always advise my clients to do this and if you happen to work at a job that requires you are present at off-hours such as a server, bartender, nurse, security guard, I always recommend that you have your work schedule and paystubs handy so that you can dispel any suspicions should you be stopped.

Just because you are driving for a valid purpose under your restricted license does not mean that the police officer that stopped you will agree.  It’s definitely better to be safe than sorry when driving with a hardship license.   The consequences are if you are caught driving with a suspended license are severe.

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.

There are plenty of lengthy, arduous and downright expensive penalties that come after a Florida DUI conviction. After the sanctions levied by Florida law take effect, you are likely to feel some of the unseen, or collateral consequences of a DUI, starting with a considerable increase in your auto insurance rates.

To make matters worse, a DUI conviction could affect your ability to:

1. Get to work
2. Prevent you from getting certain jobs in the future
3. Impact your ability to get a loan
4. Make you ineligible for scholarships
5. Obtain a professional license

or even get you fired from your current job.

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.

What Are Field Sobriety Exercises?

Field sobriety exercises are a group of tests that officers use in order to determine whether somebody is impaired. These are standardized exercises.

How Officers Use Field Sobriety Tests in DUI Stops

The National Highway Traffic and Safety Administration, NHTSA, puts out training materials and makes sure that every officer in the country knows what to look for and is administering these exercises in a standardized way to increase how reliable they are when determining whether a driver happens to be impaired.

The Three Most Common Field Sobriety Exercises

There are five exercises, but three that are most commonly used. NHTSA believes one of the most reliable exercises is the HGN, the horizontal gaze nystagmus. In this exercise, the officer will tell you to follow a pattern with your eyes. Another exercise often used is the walk and turn. In this exercise, the officer asks you to walk a line, a specific amount of steps and turn around and walk back. The third exercise that is also used often is the one leg stand. Less frequently used are the finger to nose and the modified Rhomberg Balance

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.

Miami is a tough place to get around if you do not have a driver’s license. Even though it’s a major city with an expansive metropolitan area, public transportation is limited and hugely unreliable. Thankfully, in July of 2013 a change in Florida’s administrative suspension laws allows for you to request eligibility review to obtain a business purpose permit within 10 days of a DUI arrest.

How to Get a Business Purpose Permit After a DUI Arrest

In order to request eligibility review, you need to waive your right to a hearing before the Bureau of Administrative Reviews of the Department of Highway Safety and Motor Vehicles. By waiving your right to fight the suspension of your driver’s license, you will not be able to challenge the suspension and the suspension will remain on your driving record.

 The Pros and Cons of Waiving Your DUI License Suspension Hearing

If you are arrested for DUI and are considering waiving your right to a formal review hearing to seek eligibility review, I cannot urge you enough to speak with a Miami DUI attorney before you do so you can be advised of the pros, cons and potential consequences of waiving your right to fight the suspension of your driver’s license.

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.

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.

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.

When facing criminal charges, choose a law firm trusted and recognized as Miami-Dade Favorites for Criminal Defense 2024.

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.

One of things of incredible importance when you are under federal criminal investigation is your status in the investigation.  The federal government classifies people in three ways: Targets, Witnesses and Subjects.

Let’s talk about the different statuses and what each means for you.

• Target – The status you most have to worry about is that of the ‘target’.  This means that the prosecution has its sights set on you as the target of the investigation.  If the prosecutor feels as though a crime was committed and you are the person they feel committed the crime, they will work their investigation with the primary objective of being to build a case against you.
• Witness – The witness in a federal investigation typically has very little exposure to facing formal charges.  Being a witness is the preferred place to be if you must be included in a federal investigation in the first place.  Federal prosecutors may believe that you have information that can help them.  You may have seen something take place or you may have documents relating to their case that can help them.
• Subject – This status falls in-between the previously discussed statuses of a witness or target.  Being a subject is delicate because, while prosecutors may not be gunning for you, your status as a subject likely means that you may have done something wrong in their eyes.

If you are under federal investigation, it is important to keep in mind that your status during the course of the investigation may change. As the government investigates its case and gathers evidence you can move from a witness to a subject or from a subject to a target, or even move downward from a target to a subject or subject to a witness.

Anyone involved in a federal investigation will be well-served by contacting a federal criminal defense lawyer to help protect their interests.  Your lawyer can reach out to the prosecutor and gather information about your status in the investigation and possibly what conduct they are looking into.  It is helpful to know, especially at the beginning, how the government has classified you.

Learning where you stand can provide some peace of mind.  However, it is important to remember that an investigation is fluid and that your status may change.  An attorney may be able to ensure that your status stays where it is if that is favorable to you and can also work with the prosecutor to convince them that you should not be a target or a subject but merely a witness.

If you are here today because you feel frustrated about being caught up in a federal investigation 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.

The term “white collar crime” applies to a variety of non-violent financial crimes committed by professionals who are often positioned inside the institution from which they are stealing. These crimes include embezzlement, identity theft, money laundering, insider trading, mail and wire fraud, and tax evasion. Investigations into these crimes can be conducted by local or state authorities—resulting in state charges—or by federal authorities such as the FBI—resulting in federal charges. It is important to understand who is charging you because the consequences you face could be dramatically different.

When Does a White Collar Crime Come Under Federal Jurisdiction?

The perpetrator of a white collar crime has often broken both state and federal laws. Whether state or federal prosecutors pursue the charges depends on the specific situation. If the criminal activity takes place in more than one state, the charges will likely come from federal authorities. For example, wire or mail fraud could be charged as a federal crime if the defendant has targeted victims outside of Florida. Investigations into suspected white collar criminal activity can be initiated by either local or state police or by the FBI and could be passed from one authority to the other at any point. A white collar crime that involves a great deal of money or many victims could be upgraded to a federal charge even if it does not cross state lines.

Does it Matter Whether I am Charged in State or Federal Court?

Because the consequences for federal crimes can be much more severe than the consequences for the same crime at the state level, it does matter which court is charging you. In addition, not all criminal defense attorneys take federal cases. If you are being investigated for a white collar crime in Florida, you should be working with an attorney who handles both state and federal cases. When you meet with Attorney Daniel Izquierdo for a free 4-Point Case Evaluation and Defense Strategy Session, he will help you understand the differences between state and federal charges and will be prepared to defend you in either court. If possible, he will fight to keep your charges in state court to avoid harsh federal sentencing requirements.

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.

I was charged with unemployment insurance fraud. What should I do?

After reaching an all-time high of 14.7 percent in April, the unemployment rate across the U.S. dropped to 8.4 percent in August. This means that 13.6 million Americans were still out of work in August as a result of the coronavirus shutdowns last March. In Florida, the unemployment rate was at 11.3 percent in July, higher than the national average, and an increase from June. In an effort to help people who lost their jobs due to COVID-19, the federal government expanded states’ ability to provide unemployment benefits through the CARES Act in March. Almost as soon as these programs rolled out, applicants were being investigated for fraud. If you are one of them, you need to hire a federal defense attorney.

What Is Unemployment Insurance Fraud?

Collecting unemployment benefits when you are not entitled to them—or helping someone else get benefits they haven’t earned—is considered a form of fraud and is illegal. Given the expanded coverage provided by the CARES Act, millions of Americans who had never collected unemployment before suddenly found themselves applying. Not all of these people should have applied, and many were approved who shouldn’t have been, but in order to be charged with a crime, you must have:

• Knowingly provided false or incomplete information when applying for benefits
• Returned to work while still collecting benefits
• Failed to report additional income

Whether you set out to defraud the Florida Department of Economic Opportunity (DEO) or you are a victim of an overzealous investigator, when you are charged, you need an attorney who will fight for you.

Possible Defenses to Fraud Charges

Fraud charges should never be taken lightly. When you work with my defense team, we will build the strongest possible case to achieve the best outcome. Appropriate defenses might include:

• You did not have a specific intent to defraud the state.
• The prosecutor lacks sufficient evidence that you committed fraud.
• Someone filed on your behalf without your knowledge.
• Law enforcement broke the law in obtaining evidence against you.

Have You Been Charged With Florida Unemployment Insurance Fraud?

If you are suspected of unemployment insurance fraud, you need an experienced criminal defense attorney in Miami. 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. Don’t leave your freedom or your reputation to chance. Hire a lawyer who will fight for you!

DUI law is very complex and there are numerous issues that need to be looked at, analyzed and attacked when defending a DUI. The best DUI defense comes down to the unique facts of your case and how they can be applied to potential defenses that may be available to you.

I look at every aspect of the incident from the time the police officer stopped you all the way through the moment the cell door shut behind you. DUI cases have many layers and your defense attorney needs to be thorough, creative and aggressive when defending you.

A few examples, challenging the basis for the stop, observations made by the officer, roadside sobriety tests, breath results, statements made, breath test challenges, implied consent warnings, video and a slew of other things to make sure the government can meet its burden before it can convict you of DUI. Many people refer to these as technicalities, I view this is me doing my job to fight for your rights and hold the government to its burden to prove you guilty. You do not have to prove you’re innocent!

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.

What Happens at Arraignment, And Why It Matters

This is one of the most common questions and myths that criminal defense attorneys hear from prospective clients.  While we understand that not everyone has the money to retain a private attorney to fight for them in criminal court; you should try to hire one prior to arraignment (and give them time to reach out to the State) if possible because the benefit to you can be huge.  Why is that?  See, an arraignment is the beginning of every criminal case.  It is where the state announces whether they are filing charges against you and what charges they’re filing.

The Power of Pre-File Intervention

Now, you have to be selective and hire someone you trust as not every lawyer that you hire prior to the State making its filing decision will reach out to them, conduct initial investigation and fight for you in an attempt to get the State to not file charges or to file reduced charges.  Getting the State to file reduced charges may not seem like an outright victory, but its effects can be extremely valuable because oftentimes where you start can determine and affect where you will finish.

The High Cost of Showing Up Alone

The saddest thing I see day in and day out in criminal court is people that show up to arraignment without a lawyer and just take pleas to close their case without understanding what consequences the plea will have, without analyzing the evidence that the State has against them and if they can even prove guilt beyond a reasonable doubt.  This is extremely common in misdemeanor cases.  While it may seem that you’re good to go and this will all be behind you, I cannot begin to tell you how many people seek us out because a plea they took so many years ago is now preventing them from becoming a U.S. Citizen, getting a job, loan or professional license.

Don’t Gamble With Your Future: Get Strategic Legal Help Now

If you’re charged with a felony and subscribe to this method of thinking, you must really like gambling with your life.  While you will be assigned a public defender at arraignment and not have to go it alone, you are missing out on the chance of having a private criminal defense lawyer reach out to the State before arraignment in an attempt to not have charges filed. In addition to this, chances are that a thorough criminal defense attorney will have reviewed some of the evidence, spoken with the State and will be able to advise you as to whether a plea offered at arraignment is worth considering.

A criminal charge can affect everything you try to do in life moving forward.  It is extremely important to enlist the services of an experienced criminal defense attorney that knows the players, the process and focuses primarily on criminal defense in Miami.

If you or someone you love has been arrested in Miami, don’t delay.  You don’t have time to waste!  Call our office, (305) 707-7345, to schedule your 4-Point Case Evaluation and Strategy Session.

Our Guarantee to You:

We guarantee to have you in and out of the office in less than 60 minutes.

We guarantee this will be different than what most other lawyers offer when they say “Free Consultation.”

We guarantee that we will actually discuss your case in detail rather than try to scare you while we sell our services and brag about ourselves.

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. When facing criminal charges, choose a law firm trusted and recognized as Miami-Dade Favorites for Criminal Defense 2024.

What Happens If You Refuse a Breath Test in Florida?

If you refuse to submit to a breath test in Florida, your license will be immediately suspended for a period of 1 year (18 months if your license has been previously suspended for refusing). The moment you are arrested for DUI and refuse (or if you blow .08 or above) your driver’s license will be taken by the arresting officer and your DUI ticket will serve as your temporary (restricted) license for 10 days.

License Suspended? You Only Have 10 Days to Act!

You only have 10 days to fight the suspension with the Bureau of Administrative Reviews of the Department of Highway Safety and Motor Vehicles. Under a recent change to Florida’s administrative suspension law, you can also request eligibility review during the 10-day period in order to obtain a business purpose permit immediately. By requesting eligibility review you are waiving your right to fight the administrative suspension of your driver’s license.

Can Your Refusal Be Used Against You in Court?

In addition to the administrative penalties for refusing to submit to a test, the prosecutor will attempt to use your refusal against you in criminal court in order to prove your guilt. Even though you have already consented to sobriety tests required by law by driving in the state of Florida, in order to have a valid refusal, you have to have been informed of the Florida implied consent law and given the proper warnings. Also, oftentimes officers charge people with refusal to submit to a breath test when they actually attempting to provide a sample and simply cannot do so or are asking questions and going back and forth with whether they want to provide a breath sample when the officer becomes annoyed and documents a refusal.

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.

In Florida, you do not have a right to refuse such tests, you only have the option to do so.  By accepting driving privileges in the State of Florida, you are deemed to have consented to to submit to such tests.  You may refuse such tests as long as you were not involved in an accident involving serious bodily injury or death.  While you may refuse such tests, there are consequences for doing so as driving is a privilege and not a right.  Consequences for refusing to submit to such tests allows the Department of Highway Safety and Motor Vehicles to immediately suspend your driver’s license for a period one (1) year for your first refusal, or eighteen (18) months if you have previously refused.  Evidence of your refusal may be used against you in a criminal proceeding.

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.

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.

What is typically known as “getting out on bail” in state criminal cases is often called “pretrial release” in federal cases. Whether you will be granted a release in your federal case will depend on a number of factors. The first and probably most important thing you can do to increase your chances of being released until your trial is to hire an experienced federal criminal defense attorney. When you work with the Izquierdo Law Firm in Miami, you can be sure that we will do everything we can to get you released.

What the Courts Will Consider When Granting a Release

Federal courts are generally in favor of pretrial release, particularly for first-time and nonviolent offenders. In order to have you held in jail until your trial, a federal prosecutor will have the burden of proving with clear and convincing evidence that you:

• Are likely to flee
• Are a danger to the community
• Have a criminal history
• Are most likely guilty, based on the weight of the evidence against you
• Violated probation or parole

In Florida, most defendants in federal drug cases are considered to be a danger to the community and are unlikely to be granted pretrial release. If the prosecutor argues that you should be held in jail, your defense attorney will have to counter the evidence presented at the detention hearing. If he is unsuccessful, you will be held in federal prison until your trial.

Conditions of a Federal Pretrial Release Program

If you are granted a release, it is up to the judge in your case to set the conditions. The terms of your release can include any or all of the following:

• Executing a bond
• Being supervised by a third-party custodian, which could be a family member
• Looking for or retaining a job
• Not traveling outside the local area
• Wearing a GPS monitor
• Submitting to regular drug testing
• Complying with any other conditions the judge imposes

If you violate any of the conditions set for you, your release will be revoked, and you will be sent to prison to await trial.

Hire the Best Federal Defense Attorney You Can Afford

Attorney Danny Izquierdo understands the importance of obtaining a pretrial release and will do all he can to fight for your freedom. It can take months for your trial to be scheduled, and sitting in prison is the worst place you could be while you wait. If you are arrested and charged with a federal crime in the Miami area, contact Danny as soon as possible as for a free case evaluation. He will also explain your chances of getting a pretrial release.

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.

Is Pretrial Diversion Always a Good Outcome?

Pretrial diversion programs are great outcomes for most people that have been charged with a crime in the State of Florida.  However, it may not be the best option for you.  Of course you don’t know this until consulting with a knowledgeable defense attorney that can properly advise if this is truly the best outcome for your case.  Some counties throughout Florida make you sign an admission of guilt prior to being accepted into a pretrial diversion or pretrial intervention program.  They make this a condition of being accepted–meaning there’s no way around it!  Is this something you want to do without consulting an attorney?

When the State’s Case Is Weak, Diversion Might Not Be Necessary

If you are not a U.S. Citizen this admission of guilt can hurt your ability to obtain status or even Naturalize as a citizen.  Furthermore, accepting a referral to a pretrial diversion program when your case should be dismissed by the State or there are issues with the evidence, may not be in your best interest.  If for whatever reason you are “bounced out” of the program or do not complete it, your case will be set for Trial and you will have to face the original charges.  Not to mention having to deal with the admission of guilt you gave as a condition of being accepted into the pretrial intervention or diversion program.  This can be extremely damaging if you are not properly advised and accept a program when the State could have been pushed to perhaps offer to dismiss the charges.

The Right Attorney Will Do the Homework First

You’ll want to be properly advised and have a lawyer that does all the leg work before advising you on your best course of action—not a lawyer that is looking to make a quick buck off of your case and throw you into a pretrial diversion or intervention program.

Remember, a criminal charge can affect everything you try to do in life moving forward.  It is extremely important to enlist the services of an experienced criminal defense attorney that knows the players, the process and focuses primarily on criminal defense in Miami.

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.

Facing a Zoom Hearing in Florida? Here’s How to Prepare and What to Expect

When the coronavirus pandemic hit Southern Florida, courts closed and hearings and trials were postponed. To get things moving again, courts turned to remote hearings held on the meeting platform Zoom. This has proven to be an efficient way to take care of certain kinds of court proceedings, so it is likely that remote hearings could continue for the foreseeable future. However, just because you are tuning in to your hearing from home on a computer or cell phone, that doesn’t mean you should not take the process seriously.

Zoom Court Has the Same Power as In-Person Court

If your hearing has been scheduled to take place on Zoom, you need to realize that this is the actual hearing—not a warm-up or practice. The information presented by attorneys and decisions made by the judge are just as they would be in an in-person courtroom. As a defendant, you need to take this virtual appearance as seriously as you would an actual court appearance.

How to Prepare for a Zoom Hearing

As your defense attorney, I will make sure you have the technology and internet access you need to join the hearing at the right time. However, since you will be in your own space, the rest of the appearance will be up to you. Here are some tips for a successful Zoom court session:

Dress appropriately.

Wear a clean, collared shirt or a nice sweater. Do not wear a shirt with images or writing on it. Also, WEAR PANTS! Even if you don’t think you will be seen below the waist, you never know what could happen. Judges have reported seeing defendants in pajamas, bathrobes, shirtless, and in the bathroom! Don’t let that be you.

Arrange for privacy.

Having children or pets running in and out of the room is not conducive to being taken seriously by a judge. Have a neighbor take the kids and leave the pets outside or in another room. Sit at a desk or kitchen table. Do not sit in bed or lounge on a sofa.

Eliminate other noise.

Mute your phone, turn off the television, and close other windows on your computer. Put a do not disturb sign on your door to prevent visitors or family members from interrupting the hearing.

Be aware of Zoom etiquette.

During the meeting, make sure the lighting and camera are adjusted so that your whole face can be clearly seen. Mute your microphone when you are not speaking, but remember to unmute yourself and look into the camera (not at the screen) when you are speaking.

Be respectful.

You should not be doing anything other than participating in the hearing. Your eyes should be on your computer or phone screen the entire time. Speak clearly and say “Yes, ma’am” or “Yes sir” when addressing the judge.

If you have never participated in a Zoom meeting and are worried about it going well, I can schedule a practice session with you ahead of the hearing date.

Do You Trust Your Florida Criminal Defense Attorney?

If you are facing criminal charges in the Miami area, you need an experienced criminal defense attorney who cares about the outcome of your case. 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.

Once you have been arrested and are in custody, the police must read you your Miranda Warnings if they are going to ask you questions. When they read you the Miranda rights you will learn that you have the right to remain silent, what you say can be used against you and that you have the right to speak to an attorney and have an attorney present. If the police fail to give you Miranda Warnings, anything you say can be challenged and can’t be used against you but your case will not be dismissed.

In a DUI context, however, because driving is a privilege and not a right—and you already gave your consent to submit to sobriety tests required by law as a condition of driving—you do not have the right to an attorney until after the police officer offers the breath test and you either take it or refuse.

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.

Misdemeanor Charges Can Have Serious, Hidden Consequences

This is a major problem in misdemeanor cases where you’re not guaranteed a public defender.  It is extremely troubling to sit in court on an almost daily basis and watch as defendant after defendant comes forth and accepts pleas to DUI, possession of marijuana, petit theft, disorderly conduct or driving while license suspended.  All of these and many other misdemeanors carry serious and life-altering consequences that can affect parts of your life such as becoming a U.S. Citizen or Lawful Permanent Resident, obtaining a professional license or getting a job, being expelled from school, even getting a loan or renting an apartment.

Felony Charges Come With High Stakes and Tough Decisions

If you’re charged with a felony, you will get a public defender at arraignment and will probably have a plea offered. The consequences are also extremely severe. Have you had adequate time to think about the evidence?  Have you been able to review the evidence and discuss it with your lawyer? Do you know how the plea will affect you going forward if you have a professional license or are not a citizen?

You Have the Right to Think Before You Plead

More often than not, it is best to listen to any pleas offered at arraignment and then take some time to think about it.  It is not uncommon for the court to set a plea or status hearing shortly after your arraignment for this very reason.  Not to mention, your lawyer will probably receive some, if not all, of the discovery (evidence) the State intends to use against you.  This will give you some time to review the evidence and discuss any potential pleas with your lawyer.

Why Strategic Legal Advice Matters From the Start

An experienced criminal defense lawyer will be able to properly advise you as to whether the plea offered at arraignment is worth considering given the State’s evidence and your ultimate goals when resolving the case.

A criminal charge can affect everything you try to do in life moving forward.  It is extremely important to enlist the services of an experienced criminal defense attorney that knows the players, the process and focuses primarily on criminal defense in Miami.

If you or someone you love has been arrested in Miami, don’t delay.  You don’t have time to waste!  Call our office, (305) 707-7345, to schedule your 4-Point Case Evaluation and Strategy Session.

Our Guarantee to You:

We guarantee to have you in and out of the office in less than 60 minutes.

We guarantee this will be different than what most other lawyers offer when they say “Free Consultation.”

We guarantee that we will actually discuss your case in detail rather than try to scare you while we sell our services and brag about ourselves.

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.