Get Answers to Common Questions Now

If the Covid-19 pandemic and other troubling recent events have put you on edge, you might be considering carrying your gun around with you. However, we must warn you that it is illegal to carry a concealed weapon in Florida unless you have a permit to do so. Understand the law regarding concealed weapons and the consequences you face for breaking it.

Who Can Get a Concealed Weapon Permit?

The state of Florida will issue a license to carry a concealed firearm to anyone who meets the state’s legal requirements and applies for a permit for legal self-defense. That person will be required to carry the concealed weapon license and an additional photo ID with them whenever they are carrying the weapon. In addition, the applicant must:

• Be a citizen or permanent resident alien of the United States
• Be 21 years old or older
• Be free of physical infirmity that prevents them from safely handling the weapon
• Demonstrate competence with a firearm by completing a firearms safety course or through other approved means

The applicant must also be legally eligible to own a firearm. Convicted felons, drug offenders, and alcohol abusers are not eligible for a permit. In Florida, the only times you can legally carry a weapon that is concealed from ordinary sight without a permit are when you are traveling to or from a fishing, camping, or hunting event and are traveling to or from a gun show.

Contact Izquierdo Law Firm If You Are Facing Weapons Charges

Violations of Florida’s gun laws are serious offenses. If owning a gun is important to you, you do not want to jeopardize your rights by being convicted of illegally carrying a concealed weapon. If you are facing these charges, you need to talk to an experienced criminal defense attorney about your defense options. Putting your life in the hands of a public defender is a big risk. Protect your future by contacting Danny Izquierdo in Miami to set up a Free 4-Point Case Evaluation and Defense Strategy Session. In these uncertain times, one thing you can be sure of is that Danny will fight to protect your rights and your freedom.

Unfortunately, the answer is ‘yes.’  Police can say whatever they feel they need to say in order to get a statement or confession out of you. I know, this is shocking, disturbing and just seems downright wrong. But, police can lie to you in order to get you to confess or say what they want you to say, and they can influence that statement out of you by lying.  That’s right, they can—and will—manipulate the facts or a story so you tell them what they want to hear.

Given that they can lie to you in order to get you to say things that are not true (i.e. confess to something you didn’t do), what are you to do?  The best advice I can give you is to remain silent and never speak with police about your case (or anything for that matter) without having an attorney present.  See, it’s your constitutional right to remain silent (Miranda rights) and have an attorney present for questioning.

Long ago, the Supreme Court decided this would protect everyone’s constitutional rights and it’s our only way to level the playing field.  Remember, they can say whatever they want to get a certain statement (or confession) out of you.  The only way to protect yourself (and not give them any more evidence to use against you), is to not say anything unless you have a lawyer present.

Now, I know you may thinking: If they can lie to me, can I lie to them? Click here for my response to that question.

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

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

A DUI conviction may never be erased from your permanent criminal record. Florida DUI penalties provide that anyone convicted of DUI receive a mandatory adjudication of guilt. In Florida, once you have been adjudicated guilty (formal conviction of a crime) you are ineligible to seal or expunge your record.

However, depending on the outcome of your case, there may be a way for your record to be cleared so that you can go on living as normal a life as possible without this dark cloud hanging over you. In order to be eligible to seal your DUI arrest you have to ensure that you are not convicted of DUI and the only way to do that is to have the DUI charges dropped, dismissed or reduced. In addition, if your DUI charges are reduced to reckless driving, for instance, you would need to receive a withhold of adjudication in order to be eligible to petition the Florida Department of Law Enforcement (FDLE) to seal your record.

Depending on your prior criminal history (no prior convictions), you may be eligible to seal or expunge your DUI from your record, eliminate it from public view and oftentimes deny it ever happened.

However, if you were found guilty after a trial, plead guilty or no contest to DUI you will likely be ineligible to seal or expunge your record as Florida law calls for mandatory adjudication, meaning you MUST be convicted, on a DUI charge.

Difference between record sealing and expungement in Florida

If your DUI charges were either dropped by the State or dismissed by the Judge and did not proceed to trial, you may eligible to apply to have your DUI arrest expunged from your criminal record.

If your case resulted in a “breakdown” or reduction of the DUI charges to reckless driving and you received a withhold of adjudication, you may be eligible to apply to have your record sealed.

Once you get your record sealed the public will not have access to it. You can legally deny that it ever happened, meaning you can answer “no” if asked whether you have been arrested, charged or convicted. There are still some government agencies that will have access to a record that has been sealed. When your record has been expunged, those same government agencies will only be able to see that your record has been expunged but will not be able to see the full record without a court order.

Be aware, however, that because we live in the information age where pretty much everything is available with the click of a button, records of your arrest may never completely disappear.
Numerous third-party websites and services exist on the internet that have access to public information and then proceed to plaster it all over their sites.

The easiest way to ensure that you will never be able to get a DUI off your record is to go to court without the assistance of an experienced DUI lawyer to help you fight the charges. Walking into court and pleading guilty will guarantee that you will not be able to erase this mistake from your permanent criminal record.

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.

If your DUI charge was reduced to reckless driving, you might feel relieved,but you may also wonder if you can clear your record entirely. Unfortunately, a DUI reduced to reckless driving cannot be expunged in Florida.

However, there’s still hope.

1. You May Be Able to Seal Your Record

While you can’t expunge a DUI that was reduced, you may qualify to have the record sealed, depending on the final charge and your prior criminal history.

Sealing your record means that most employers, landlords, and the general public won’t have access to your case information, giving you a chance to move forward without the weight of a public record.

2. Why Legal Guidance Matters

Understanding the difference between sealing and expungement can be confusing. The eligibility requirements are strict, and one small mistake can delay or prevent approval.

That’s why it’s important to speak with an experienced criminal defense attorney who can review your case and help determine your options under Florida law.

At Izquierdo Law Firm, we’ve helped many Miami-Dade residents navigate this process successfully, and reclaim control of their futures.

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

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

What Happens to Your Driver’s License After a DUI Arrest?

If you are arrested for DUI because you were found to have been driving with an unlawful blood alcohol level (DUBAL) of .08 or above or refused to submit to a breath, blood or urine test, your license will be immediately suspended. You can continue driving for 10 days with your DUI citation (ticket). From the date of arrest, you only have 10 days to fightthe administrative suspension of your driver’s license.

How Long Do You Have to Fight a DUI License Suspension?

Requesting a formal review hearing within 10 days, you will allow you to be issued, assuming you are otherwise eligible, a temporary driving permit (business purpose permit) that will extend your ability to drive for 42 days pending your hearing.

If you feel as though you absolutely NEED to drive, under a recent change to Florida’s administrative suspension law, you can waive your right to a formal review hearing and seek eligibility review so you can obtain a restricted, business purpose permit immediately. NOTE: by not fighting the suspension of your driver’s license, you are waiving your right to challenge the suspension and the suspension will stay on your record.

Why You Need a DUI Attorney to Handle Your License Suspension

Once you have been arrested for DUI and your license has been suspended, it is crucial to speak with a skilled DUI attorney to determine your options and pros and cons of how to handle the administrative 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.

What’s a day on the water without a beer or two? Many Miami boaters feel this way, but this thinking can get them into trouble. Just like on dry land, operating a vehicle while impaired by alcohol or drugs is illegal and the consequences can be serious if you are caught. Just because you were ticketed on the water doesn’t mean you shouldn’t take the charge seriously. Understand the charges you are facing and contact an experienced boating under the influence (BUI) attorney if you are arrested.

What Is Boating Under the Influence?

Florida’s waterways are patrolled by both local law enforcement agencies and the U.S. Coast Guard. They have the authority to stop your boat and board it if they suspect that you are driving while intoxicated. The statute prohibiting drunk boating is similar to the one prohibiting drunk driving. Under Florida Statute 327.35, if you are operating a vessel and:

• are under the influence of alcoholic beverages or controlled substance to the extent that your normal faculties are impaired
• have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood
• have a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath

It’s important to note that, under the statute, you can be charged with a BUI if the police decide that your “normal faculties are impaired,” even if you don’t have a BAC of .08 or higher.

Why Do You Need a Lawyer?

The penalties for a drunk boating conviction are similar to those for a drunk driving conviction. You face fines and jail time if you are found guilty. If you cause a crash and someone is injured or killed, you face felony charges. An arrest for boating under the influence should be treated just like a DUI. Call attorney Danny Izquierdo to discuss your defense options as soon as possible after you are ticketed. It might be possible to get the charges reduced or dropped, or to argue for a lighter sentence given your unique circumstances. Don’t leave your fate to chance. Call the Izquierdo Law Firm today.

The Florida Department of Law Enforcement has laid out regulations that departments must follow when administering and maintaining breath-testing equipment such as the Intoxilyzer 8000. These regulations prescribe how and when a test should be administered, how the machine has to be calibrated, maintained and examined and what certifications a breath-test operator must possess in order to do this.

It is critical and downright mandatory that any defense attorney examine, challenge and research the reliability and accuracy of any breath testing machine used in your case. The prosecutor relies on breath testing results to prove your guilt in court. An experienced DUI defense attorney will carefully examine the machine and procedures used to maintain and administer tests pursuant to FDLE’s rules and regulations to make sure that it was working properly. Failing to abide by FDLE regulations can lead to the breath test results being suppressed and not being used against you in court.

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.

Most personal injury or car accident lawyers throughout Miami, Broward and South Florida charge 33%-40% of the recovery they obtain for you.  This is known as a contingency fee because it depends on the value of your settlement or jury award.  For example, if we obtain a settlement of $100,000 for you, our fee would be $33,000 if no lawsuit is filed, or $40,000 if a lawsuit was required.  However, you would not pay us anything(!) until your case has been resolved.

Plus, I have an unwritten rule at my firm that says: our fee will not exceed your recovery.  I don’t care what the contract says we are entitled to, I will reduce our fees so that you net more than we do.  You’re the one that got hurt, and we were privileged to represent you.  While clients need us to fight for them, we need you too.  And I realize who comes first.

If a personal injury attorney wants to charge you a “retainer fee” or bill you “hourly,” I’d look for new counsel.  Remember, not all Florida injury lawyers have the same qualifications and track record.  Just because an attorney charges only 25% (or less) doesn’t mean that is the better choice.  Assume that lawyer is only able to get you $50,000, they are not as valuable as the lawyer that charges 33% but gets you $100,000.

Have You Been Involved In A Miami Area Accident

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

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.

Do You Need A Miami DUI Defense Laywer?

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

When someone is arrested, one of the first things they hear during their Miranda rights is, “If you cannot afford an attorney, one will be provided for you.”

While this statement is true, public defenders are not completely free.

1. You’ll Still Be Charged a Fee

If you qualify for a public defender, you won’t pay the same fees as hiring a private attorney, but there’s usually a small fee assessed by the court.

This cost often gets added to court costs or fines at the end of your case, even if you were assigned a public defender due to financial hardship.

2. The Difference Between Public Defenders and Private Attorneys

Public defenders are skilled and hardworking attorneys who represent many people at once. But because of heavy caseloads and limited time, they may not be able to give your case the individual attention it deserves.

A private criminal defense attorney, on the other hand, has the flexibility to:

Limit their caseload to devote more time to your case

Offer direct communication and personalized strategies

Provide resources to investigate, negotiate, and build a strong defense

At Izquierdo Law Firm, we believe in empowering clients through education and preparation. Every case matters, and every client deserves a defense that’s personal and focused.

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

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

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.

If you are suspected of committing a crime using a stolen identity, you could be charged with aggravated identity theft in addition to the initial charge. If the felony you are accused of is a federal offense, you will face the charges in federal court and will need a defense attorney who is admitted to that court to defend you. Attorney Danny Izquierdo accepts federal criminal cases in the Miami area and will provide a free case evaluation if you are charged with aggravated identity theft.

The Feds Are Cracking Down on Identity Theft

There is no doubt that identity theft is a serious crime costing consumers billions of dollars every year. While the act of stealing a person’s identity is a crime in itself, if you use that identity to commit a federal felony, you will face additional penalties under the charge of aggravated identity theft. Examples of the kinds of crime the FBI typically pursues under this charge include:

Immigration violations.

A person who uses a stolen identity to enter the United States illegally or who sells stolen identities to people wishing to enter the country illegally can be charged with aggravated identity theft in addition to the immigration crime.

Theft of government benefits.

Using the identity of another person—including a deceased person—to collect Social Security, Veterans, or other government benefits is a federal crime that could also incur an aggravated identity theft charge on top of it.

Terrorist acts.

Acts of domestic terrorism—often bombings and shootings that target specific groups of people in defiance of the government—are often committed using the anonymity of a stolen identity.

Federal prosecutors can choose to add a charge of aggravated identity theft to any crime committed using another person’s identity. Defendants will face charges for the crime they committed as well as the identity theft charge. Conviction of aggravated identity theft carries a sentence of two years—or five years for a terrorist act—to be served after the sentence for the felony is served.

Learn About Our 4-Point Case Evaluation & Defense Strategy Session

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.

In Florida you do not have to actually be driving to be found guilty of driving under the influence. To be found guilty of DUI in Florida, you must be driving or in actual physical control of a motor vehicle. A person is in actual physical control of a motor vehicle when they are in a vehicle and have the ability (present and apparent) to move the vehicle.

Learn About Our 4-Point Case Evaluation & Defense Strategy Session

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.