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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.

Can anyone purchase a gun now?

No. Individuals that are looking to purchase a firearm must still meet the state requirements. They must be 21 or older and must not have a felony or violent criminal conviction. There is a 3-day waiting period and the individual must pass the background check.

Can I carry a concealed weapon anywhere in Florida?

No. There are many places where both open and concealed weapons are restricted.

• Any courtroom or courthouse
• Any school facility
• Any polling place
• Any jail, prison or detention facility
• Any police station
• Any college or university facility
• The inside of a passenger terminal of an airport
• Any athletic event not related to firearms
• Any place where firearms are prohibited by federal law

There are also other places such as bars, gambling halls, career centers and that have rules prohibiting guns. Make sure you are aware of the law before arriving at a location you aren’t sure about with a firearm.

Is there a concealed weapons class I need to take?

No. The training course and permit are no longer required to conceal carry in Florida. While it is recommended that people are educated about gun safety prior to purchasing a firearm, it is not included in the process of purchasing a gun.

I don’t live in Florida. Can I conceal carry?

Yes. As long as the non-resident is 21 or older and is not prevented to possess a firearm for any reason, they can conceal carry in the state.

Can I open carry in Florida?

In most cases no. But there are exceptions. A person who was fishing, camping or hunting; an individual who is in the business of manufacturing, repairing or dealing firearms; or a person firing weapons for target practice under safe conditions may have a gun on their person and not concealed.

If I have an open case for concealed carry, am I off the hook now?

No. If you were arrested prior to the law changing, you can still be charged and be punished for your concealed weapon charge. Although the judge may be more lenient now that the law has changed, you still face the possibility of the consequences that were in place at the time of the charge.

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.

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.

When your life is turned upside down as a result of a DUI arrest, you must act quickly as time is of the essence.  You have ten (10) days to file a notice to appeal your administrative suspension.  Your  DUI attorney will be able to file the notice for you and request a driving permit to extend your driving privileges for another month.  At the formal review hearing your attorney will be able to fight the administrative suspension of your driver’s license by subpoenaing the officers and challenging all aspects of the DUI arrest, from the stop itself to the procedures and equipment used by law enforcement.

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 is no doubt that the COVID-19 crisis has turned our world upside down, leaving us with a great deal of uncertainty about so many things. As a criminal defense law firm, we are expecting even more confusion about individuals’ rights, enforcement of executive orders, and prosecution of federal crimes related to the crisis. For example, in a recent memo to federal law enforcement agencies and U.S. attorneys, Deputy Attorney General Jeff Rosen said that individuals who intentionally spread the coronavirus could be charged with terrorism. What could this mean to the average American? We take a look.

What Is the Charge?

Apparently, a reaction to white supremacist groups who have encouraged their members who become infected to spread the virus, Rosen said that the “purposeful exposure or infection of others with COVID-19” could be prosecuted under federal terrorism statutes. He further explained that the virus “appears to meet the statutory definition of a ‘biological agent,’” which is included in the statute’s definition of a weapon of mass destruction.

How Could it Be Applied?

Because the coronavirus is so highly contagious and easily spread, it is not outside the realm of possibility that someone would intentionally and maliciously try to get someone else sick. In fact, several states have already charged individuals with terrorism for deliberately coughing on people and licking packages in a store. While prosecuting these kinds of actions may make sense, where will federal agents draw the line? If a person who knows they have the virus goes to the grocery store, could he be arrested and charged with terrorism? What if a person with the virus touches another person? We simply don’t know yet how “purposeful exposure” will be interpreted by federal law enforcement officers and U.S. attorneys.

What Should You Do If You Are Charged?

If you or a family member is arrested on COVID-19-related federal charges, talk to a federal defense attorney as soon as possible. Federal terrorism convictions carry severe penalties, including long prison sentences and the death penalty. So much is unknown about this virus and how the courts will handle these charges, but one thing is certain—you have a right to be represented by an attorney if you are charged. Izquierdo Law Firm remains open and available to serve you during this time. Call us to arrange a video chat to discuss your case.

An unexpected visit to your Miami home from FBI or DEA agents is not usually a welcome surprise. Whether you were aware of a federal investigation involving you or not, understanding your rights and obligations when agents come to your home or office is key to avoiding more trouble than you may already be in.

Do They Have a Warrant to Search Your Home?

When you answer a knock on the door and find federal agents standing there, the first thing you should do is confirm that they are who they say they are and find out why they are there. You are well within your rights to ask to see identification if it is not offered. Also, ask for a business card—your attorney will need this later. If they do not have a search warrant and are just there to gather information, step outside and close the door. Be calm, polite, and respectful, but do not answer any questions beyond identifying yourself. You have a right to refuse to answer questions without an attorney present, and you would be smart to exercise this right at this time.

If the agents do have a warrant to search your home, you will be obligated to allow them to enter. However, you should take the following steps to protect yourself:

• Read the warrant and understand the parameters. Agents cannot overstep what is covered in the warrant. Does it cover the whole house or just your home office? Does it include computers and other electronic devices?
• Do not interfere with the search or allow family members to interfere or you could be charged with obstruction of justice. Remain calm, keep your hands visible, and do not make sudden movements or leave the room without permission.
• If the agents have an arrest warrant, be cooperative and follow their instructions.
• Ask permission to call your attorney before the search. If they do not grant permission, wait until the search has been completed.

If you do not already have a federal criminal defense attorney representing you, now is the time to find one.

Contact Danny Izquierdo as Soon as Possible If You’ve Been Presented With A Federal Search Warrant

If you live in the Miami area, contact Izquierdo Law Firm immediately if you have been served with a federal search warrant. You can schedule our free 4-Point Case Evaluation and Defense Strategy Session by calling (305) 707-7345. In this day and age, even innocent people need a strong defense attorney. Do not take chances with your freedom. Call us as soon as possible.

Forgery is the crime of making, altering, using, or possessing false writing in order to commit fraud. There are many types of forgery, from signing someone else’s name on an official document to falsifying a passport or driver’s license. If the forgery involves money or federal documents or is intended to defraud the federal government, then the crime will be charged by federal law enforcement officers.

Proving the Crime of Forgery

In order for the government to make its case for forgery, it will have to prove the following:

The document was legally significant.

Signing someone else’s name to a letter of complaint you send to an individual or business would not constitute forgery because the letter is not a legal document. However, government-issued documents such as passports, military discharge papers, immigration documents, and the like, would be considered legally significant.

The writing is “false.”

Creating a document to look like a standard legal document is an example of false writing, but so is materially altering a legitimate document. For example, deleting, adding, or changing portions of a document that results in a change to the legal rights or obligations represented in the document would be considered forgery.

The document was altered with the intent to defraud.

To be charged with fraud, the defendant must have intended to defraud the federal government with the document. A person who has unknowingly signed or received a forged document should not be charged because they did not intend to commit fraud with it.

A federal criminal defense attorney will examine these elements in order to build the best case for a defendant. The federal crime of forgery carries significant penalties, including up to 15 years in prison and steep fines, so it is important to launch an aggressive defense.

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.

DUI is a criminal charge, and in any criminal case it is unconstitutional to have a presumption that the defendant is guilty. You are innocent until proven guilty beyond and to the exclusion of every reasonable doubt. A defendant that has a blood alcohol level of .08% or above faces evidence that on its face, shows that the person is under the influence and that their normal faculties are impaired, even so it is crucial to fight your case.

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.

I was arrested for DUI, what is this going to cost me?

If you have been charged with a DUI in Miami, the cost of even a first conviction can be much more damaging and harmful than the costs of fighting your arrest/charge. Florida has some of the toughest DUI laws and penalties in the country and after a first conviction for a DUI you may be facing costs including:

• Fines – $500-$1,000 (if Blood/Breath alcohol level of .15 or higher or minor children in the car, the fine is between $1,000-$2,000);
• Court costs/surcharges – approximately $600-$650;
• DUI School – $250-$400;
• Treatment (if required) – approximately $250-$500
• Probation – approximately $55 per month ($330-$660) to cover the cost of supervision while on probation (period of probation and incarceration may not exceed one year);
• Vehicle Impoundment or Immobilization – approximately $150 for 10 days or $300 for 90 days;
• Ignition Interlock (mandatory for BAL of .15 and above) – $200;
• Victim Impact Panel – $40
• Cost of prosecution – $50
• Cost Recovery – As determined and requested by law enforcement;
• Donation – $25 Ryder Trauma Center

In addition, after a Florida DUI conviction, you are likely to see a considerable increase in your auto insurance rates. To make matters worse, a DUI conviction could affect your ability to get to work, prevent you from getting certain jobs in the future, impact your ability to get a loan, make you ineligible for scholarships, obtain a professional license or even get you fired from your current job. On the other hand, you may be able to avoid all of this by fighting your DUI charge in Florida.

By seeking the help of a Miami DUI defense attorney, you may be able to build a defense to the charge of DUI and better your current circumstances avoid many of the harsh penalties associated with DUI in Florida.

What does a DUI lawyer in Miami cost?

There are no hard-and-fast rules when it comes to legal fees charged by attorneys to defend your DUI. Criminal defense and particularly DUI defense seems to have some of the largest discrepancies or ranges of fees charged by lawyers. The typical range for a DUI lawyer can be anywhere from $800 to $10,000 for a first offense DUI.

As a general rule of thumb, the “plea mills” or the “dump truck” lawyers tend to charge unreasonably low fees because of the amount of work they tend to put in on your behalf. They usually go to court a couple of times and convince you to take a plea without really exploring options that are available to you or actually fighting your case. Remember: it’s tough to offer excellent service, high quality of work AND a low price. If you are shopping solely on price you will most likely sacrifice the other two qualities.

Beware, there are some terrible DUI lawyers charging extremely high legal fees and some good DUI attorneys charging their clients’ much more reasonable fees. Therefore, price alone should not be the only determining factor when you are making your decision on what DUI lawyer to hire.

Most good DUI lawyers that focus primarily on DUI defense will charge anywhere between $4,000 and $10,000 (some even more). The better DUI lawyers charge fees that are reasonable for the amount of work they do, because properly fighting a DUI charge requires a lot of work.

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.

The fact that marijuana is now legal for some people in Florida might cloud the issue of driving under the influence, but it shouldn’t. The reality is that if a police officer believes your ability to safely operate a vehicle has been impaired by any substance—legal or not—you can be charged with driving under the influence. However, it can be more difficult for a prosecutor to make his case against you if you have been smoking marijuana for medicinal purposes, so you should contact a DUI defense attorney when you are arrested.

Marijuana Laws in Florida

In March of 2019, Florida Governor Ron DeSantis signed legislation to make the use of marijuana for medical purposes legal, two years after voters approved a constitutional amendment. In January of 2020, legislation was introduced in the Florida House and Senate to legalize and regulate cannabis for adults over the age of 21, so it’s possible that marijuana will be legal for everyone in the next few years. However, even if marijuana becomes legal for recreational use, you would still be breaking the law if you drive after smoking it. While some states have set legal limits for the amount of THC you can have in your blood—similar to alcohol BAC—Florida has not. The legal standard here is that you are “under the influence or affected” by THC.

Defending a DUI for Medical Marijuana

If you were charged with DUI, tested positive for any amount of THC, and have a prescription for medical marijuana, an experienced DUI defense attorney might be able to defend you against the charge. If we can make the case that your ability to operate your vehicle was not impaired, you could avoid a DUI conviction. To make the case, we would seek evidence from traffic cameras or eyewitnesses that you were not driving erratically.

However, if your use of marijuana was not legal, it will be much harder to fight the charge. Much like a driver under the age of 21 who has a small amount of alcohol in his system, you could be charged with a DUI even if your driving ability was not impaired.

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.

Facing penalties for violating the restrictions of a business purpose-only license can have serious consequences, including fines, new charges, license revocation, and even a probation violation if applicable. Navigating these legal challenges alone can be overwhelming, especially with the potential for long-term impacts on your driving privileges and record. Hiring an experienced DUI attorney is crucial to protect your rights, minimize penalties, and explore all possible defenses. A skilled attorney will guide you through the legal process, advocate on your behalf, and work to achieve the best possible outcome for your situation. Don’t face these challenges alone—secure professional legal support to safeguard your future.

If you are driving with a Business Purposes Only license, you likely already have some problems on your hands.  The last thing you want to do is complicate that by being caught driving for a purpose that is not allowed by your restriction.  If you are stopped and the officer believes you are driving for a purpose that is not covered by your restriction, they can issue a Uniform Traffic Citation for a violation of section 322.16(5) of the Florida Statutes.  They can also physically arrest you and take you to jail as this violation is a second-degree misdemeanor.

Any time you are charged with a second-degree misdemeanor you are facing up to 60 days in jail and a $500 fine.  You can also be sentenced to six months’ probation.  If this happens to you, the Department of Highway Safety and Motor Vehicles can take your hardship license away or add time to the revocation or suspension period in addition to adding restrictions.

If your driving privileges were suspended because of a DUI arrest, you are jeopardizing your future and risking a lot of further and possibly unnecessary consequences.  If you have been admitted to the Back on Track Program a new-law violation can result in being bounced out from the program.  If your DUI case is still open in criminal court (whether you are in Back on Track or still fighting your charge), it can further complicate things as the State Attorney’s Office is extremely strict when it comes to driving on a suspended license or a hardship license as a result of a DUI revocation.  The standard offer to resolve your case will likely be 10 days in jail and a plea to DUI.  Remember, a DUI conviction can never be erased from your record.  It will follow you for life.   Lastly, if you are currently on probation or serving your DUI sentence, this will be considered a new-law violation as well as a violation of probation.

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’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.

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.

People often ask the difference between DUI and DWI. In Florida, drunk driving laws are classified under DUI, or driving under the influence. While it is quite common to confuse the two acronyms, the answer depends on the laws in the state in which you are in. States define and identify drunk and/or driving under the influence of drugs (or controlled substances) differently. DUI is driving under the influence, the way Florida classifies it. DWI, driving while intoxicated or driving while impaired is commonly used in other states, such as Texas.

DUI is a very serious crime in Florida. The state has some of the toughest DUI laws of anywhere in the country and anyone suspected driving or being in actual physical control of a motor vehicle while under the influence of drugs or alcohol is charged under Florida DUI Statute, §316.193. In Florida, the term DWI is not used in the statutes. If you are looking for more information, read my FREE consumer guide: “A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest”. This FREE book provides information on how to hire a DUI lawyer in Florida and answers the six questions making your head hurt.

Each state identifies the offense differently by using either DUI or DWI. Some states may apply both DUI and DWI to their laws, while some others have statutes that apply operating under the influence (OUI).

No matter, the terminology used, most states have serious consequences for driving while under the influence. Florida has some of the harshest DUI laws in the nation. Consequences in Florida, even for a first offense can include jail, probation, mandatory license suspension, vehicle immobilization or impoundment, ignition interlock. In addition, a DUI conviction can never be erased from your criminal history meaning that will not only impact and increase your insurance premiums but can also jeopardize your job, professional license, ability to obtain scholarships, get a loan or obtain security clearances.

If you have been arrested for DUI in Florida, you need to act quickly because you actually two problems, not just one. Florida immediately suspends your driver’s license if you were over the legal limit of .08 or if you refused to submit to a breath, blood or urine test. You only have 10 days from the date of arrest to request a formal review hearing to challenge the suspension of your driver’s license. If eligible, you may also request to waive formal or informal review and attempt to obtain a restricted permit that allows you to drive for “Business Purpose Only.”

Either way, you need to enlist the services of a DUI lawyer that focuses their practice on the defense of drunk driving cases and can help navigate both sides of a DUI. I welcome the opportunity to see you for a confidential consultation to discuss your case, goals and potential defenses.

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.

Any form of intentional misrepresentation or deception for gain is considered fraud, and it is illegal. Where mortgages are concerned, fraud can be committed by individuals in obtaining a single mortgage, or by an organization in the form of predatory lending, foreclosure rescue scams, and mortgage reduction scams. While the FBI tends to focus on the fraud committed against borrowers by institutions and their employees, you could be charged with mortgage fraud as an individual as well. We take a look at how consumers get caught up in mortgage fraud to help you avoid unknowingly committing a serious crime.

Lying on an Application Is Fraud

You probably already know that it’s not right to lie on a mortgage application, but maybe you just need to tweak some numbers to make sure you qualify. You know you’ll be able to make payments, so what’s the harm? You might even be encouraged by your real estate agent or loan officer to fudge some numbers. After all, everyone benefits when the sale goes through. However, when you knowingly lie on an application, you are committing fraud, even if no one else is harmed by the crime. You could also face federal charges for forgery.

The more common form of individual mortgage fraud—one that is more frequently pursued by the FBI—is fraud through identity theft. If you attempt to obtain financing using someone else’s financial information, you are committing mortgage fraud. This is a serious offense.

Defending Mortgage Fraud Charges

Federal prosecutors have to prove that you intentionally set out to defraud the mortgage lender in order to make fraud charges stick. If you did not commit fraud intentionally—perhaps you made a mistake or were given misinformation—we will build a case to prove that. If others were involved in coercing you to commit fraud, that could be your defense.

Under federal law, mortgage fraud can result in up to 30 years in federal prison and up to $1 million in fines. It is important that you take these charges seriously and that you hire the best federal defense attorney you can afford.

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 might be trying to build your business by sending emails to lots of people, but if you ask for the wrong kind of information, you could be accused of a form of internet fraud and identity theft known as phishing. Because the fraud uses the internet and has the potential for inter-state crime, it is often pursued as a federal charge. Federal fraud charges should always be taken seriously. If you have been charged with internet phishing, contact our experienced Miami federal defense attorney to represent you.

What Is Illegal About Email Marketing?

It is perfectly legal to email people to try to solicit business. Think of all the emails you get from businesses every day with special deals, sales, and free offers. People might find it annoying, but there is nothing illegal about it. What pushes internet marketing across the line to become illegal phishing, however, is the content of the email and what it is asking the recipient to do. The following are illegal:

• Forging an email to make it appear as if it is coming from another sender, such as a government entity or a bank
• Asking the recipient to divulge sensitive information, such as credit card numbers, passwords, and bank account information
• Directing the recipient to a phony website to collect sensitive information

If you were charged with phishing, you will need to hire a defense attorney who understands the seriousness of the charge.

Defending Phishing Charges

The key to any fraud charge is intent. The prosecutor has to prove that you intended to defraud when you sent the emails. They will also have to prove that you actually sent the emails. Defense approaches we will consider include:

Proving the emails were not sent by you.

There is always an electronic trail that computer forensics experts can follow to figure out the origin of an email. If the prosecutor’s expert is wrong and the phishing emails were not sent by you, our experts will prove it.

Proving you had no intent to defraud.

You might have asked email recipients for information, not knowing it was illegal to do so. If a recipient misunderstood the email and later regretted a purchase, they might go to the police to accuse you of fraud, but those charges should not stand.

Showing the evidence against you was obtained illegally.

Law enforcement officers have to follow certain protocols when investigating a suspicion of fraud, even when it involves computers. If your rights were violated during the investigation, the evidence cannot be used against you.

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.

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.

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.

What is the price of freedom? You may be willing to pay anything to avoid federal prison, but you have to be smart about hiring the best federal defense attorney you can afford. We take a look at what you can expect to pay an attorney when you have been charged with a federal criminal offense in Florida.

If You Can’t Afford an Attorney, One Will Be Provided for You

You should have been informed of this right at the time of your arrest, but what does it mean? If you meet the income qualifications established by the jurisdiction in which you have been charged, you will get a court-appointed attorney at no charge to you. Federal public defenders are often some of the most qualified attorneys in a district, and will definitely be better than the cheap, inexperienced lawyer your brother-in-law finds for you. If your income does not qualify for free assistance, you will have to shop around for an attorney you can afford. Some factors that will affect the cost of an attorney include the following:

Complexity of the Case

If your attorney hires investigators and experts to support your defense, you can expect to pay more. Likewise, the more time a case takes to resolve, the more expensive it is going to be.

Skill and Experience of the Attorney

In other words, you get what you pay for. However, you can’t assume that just because an attorney is expensive, he is good. You still need to do your research and ask important questions to find the best attorney for you.

Whether the Case Goes to Trial

If your case goes to trial, the attorney and his team will be putting in many additional hours, and you will have to pay for those hours.

The bottom line is, you should hire the best attorney you can afford, and you will have to put in some time to find the right match for you.

We Are Always Up Front About Our Fees

At the Izquierdo Law Firm, we won’t quote a fee until we look at the unique facts and circumstances of your case and determine what stage of the proceedings your case is in. We try to be fair when quoting fees and take into account how much time will be required, given the nature and circumstances of your case.

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 Are the Penalties for Underage DUI in Florida?

If you are under 21 and found guilty of underage DUI, your penalties will include:

• Mandatory six (6) month license suspension
• Jail time depending on breath/blood alcohol level (BAC) and other factors
• Mandatory alcohol education
• Community service
• Fines up to $2,000
• Increased insurance premiums for up to five (5) years

Florida’s Zero Tolerance Policy for Underage DUI

Anyone charged with DUI faces very serious consequences and finds themselves in a frightening situation. If you are under the age of 21 the consequences have the potential to become even more serious as it is illegal for someone under the age of 21 to purchase or consume alcohol, let alone get behind the wheel of a vehicle while under the influence. Florida has a zero tolerance policy for persons under 21 who are believed to be under the influence of drugs or alcohol while they are operating a vehicle.

A driver under the age of 21 suspected of being DUI (under the influence of drugs or alcohol) must submit to breath and/or blood tests. As a result of Florida’s zero tolerance policy for underage drivers, the maximum blood alcohol content for a person under 21 is .02%. The mere fact that someone accused of DUI is under 21 will not result in sympathy, nor will the State Attorney’s Office cut you any slack. In fact, under Florida law, juveniles arrested for DUI are prosecuted in adult court.

How Can an Underage DUI Affect Your Future?

Most of those arrested for DUI and are under 21 face serious consequences such as not getting certain jobs, losing scholarships, being denied acceptance into college or graduate school programs, obtaining professional licenses and even being expelled from school altogether.

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’s good for the goose is good for the gander doesn’t apply here.  You cannot lie to police even if they can lie to you.  Like a lot of things in the law, especially criminal law, this doesn’t seem fair. The truth of the matter is that lying to police can land you in serious trouble.  If you already have charges pending, this can be an additional charge (even a felony!).  It can also bring about very serious charges such as obstruction of justice.

Here’s the catch, and another reason to never lie to police: You don’t know where they’re going with something or what they want you to say.  Therefore, anything you say (even if you believe it to be true) can be seen as a lie.  Let me give you an example: Let’s say I ask you “what color is the sky?”  You will likely respond confidently that the sky is “blue.”  The problem starts when I was asking you about something that happened at night and the answer I really want is that it’s nighttime, or dusk.  Now, you’ve “lied” to me and I can take that and run with it.  I can discredit anything you say to continue building a case against you, or I can charge you with additional crimes.

It might seem like you can simply go speak with them and “talk your way out of it” or “give them your side of the story” but the reality is that you will almost always make it worse. The only way to protect yourself is to never speak with police without first consulting with a lawyer and having that lawyer present to make sure your rights are protected.

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.