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May
16

Criminal Trespassing

by Criminal Defense in Miami

Trespassing is the act of passing onto someone else’s property after you have been warned not to enter, or of remaining on someone else’s property after you have been asked to leave. In most states, trespassing is classified as a misdemeanor. While trespassing laws are useful for keeping would be burglars and other criminals off of another person’s property, they are also sometimes abused to arrest individuals who mean no harm. Many kids enjoy the thrill of venturing beyond their neighborhood and exploring unknown territory. However, this territory is often privately owned by someone else. If the owner has no trespassing signs posted, he or she can call the police to have the kids arrested. While younger children can typically get away with a warning, teenagers may have a more difficult time and may find themselves arrested, even if they did not realize that they were trespassing. Another common trespass situation occurs when a customer gets into an argument with a store owner, restaurateur, or nightclub bouncer. If the property owner or person with authority orders the customer to leave and he or she refuses, the owner can have the customer arrested for trespassing. This can be an especially troubling case when the customer has a valid reason for confronting the owner, and the owner abuses the trespass law to avoid the situation.

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May
15

Identity Theft

by Criminal Defense in Miami

Identity Theft. What do you think about when you see those two words. Possibly it makes chills go down your spine if you have been a victim, or know someone else who has been. Possibly you have heard the phrase, but don’t really know what it is. Maybe both of the above apply, or maybe neither apply.
First of all, what really is identity theft. Simply put, it’s when someone gets your personal information and tries to pretend to be you for their personal gain. It is when someone tries to pretend to be you in some circumstance for some reason. It is a crime that is everywhere and continues to be on the rise. You can’t guarantee that your personal information is safe. There is always the potential of someone watching long enough and being savvy enough to get your personal information. Without getting too much into it, people steal others’ identities because there is something they want that they can’t get with their own identities. The first identity theft that people often think about is financial. This can include: credit card, child support, government benefits and charity, just to name a few. This type of identity theft is all about getting money, in whatever form the thieves can get. A common way to get this information of late is either emails or phone calls phishing for your personal information. Chances are, the credit card companies and banks and credit unions with which you have accounts won’t need to send an email or phone call to get your personal information again. These are definitely easy ways to protect yourself. If in doubt, don’t give out any information until you speak directly with the financial institutions with which you have accounts.

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May
15

How to Prevent Boat Theft

by Criminal Defense in Miami

Your boat is one of your most expensive assets. Insured or not, it will cause you no great pleasure if it gets stolen. But boats, because of their value and, often, because of the negligence of their owners, can be such attractive things to steal. How, then, can you prevent your boat from getting stolen. Secure your boat.This is very basic. Never leave your boat unattended with the keys in the ignition or with the engine idling. Always lock your ignition switches. You can also install a remote power cut off switch. If you’re leaving your boat in the water, chain it to the dock. If you need to leave your boat’s trailer in the driveway, park another vehicle in front of it if you can. It’s also a good idea to remove at least one trailer tire. Close all window curtains, do not leave valuables inside the boat, and lock all outboard motors and fuel tanks. Always use a hatch lock. Of course, it is best to store your boat in a locked garage. Even then, make sure your boat is attached with a high-security chain to a fixed object such as a large post. Install an alarm system.If anybody dares try to run away with your boat, a good ear piercing alarm system just may scare them away. If it doesn’t, the system will still alert you and your neighbors that something is amiss. Alarm systems do not need to be expensive. You do need to be sure, though, that the alarm you get is right for boating use. An alarm system designed for dryer environments may malfunction when exposed to marine elements and would defeat the purpose of purchasing one in the first place.
Incidentally, it’s not just theft alarms that you need to install to protect your boat. Often, it’s a good idea to install smoke alarms as well, in case of fire. Mark your boat and all equipment in it.Use an engraver to permanently mark your boat, trailer, electronics, and other equipment with your hull identification number and your driver’s license number. Your boat itself will probably already have this mark anyway, but it’s unlikely that the trailer and other equipment do too.

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May
15

Robbery in Florida

by Criminal Defense in Miami

The crime of robbery is similar to theft, however, it includes the elements of force or violence. In a robbery the suspect either uses force in order to take something from someone or they use the threat of imminent force or violence against the victim in order to gain possession of their belongings. Robbery is typically considered a violent crime therefore it is punished as such. Penalties for robbery are enhanced under aggravating circumstances; for example, when the crime is committed with an accomplice, when the suspect threatens to use a weapon against the victim, when the victim sustains serious bodily injury or when a weapon is used to commit the crime. Although robbery is a type of theft crime, unlike shoplifting or other non-violent theft crimes, it is a confrontational crime, where the robber takes something directly from the victim. With robbery, the suspect uses force or violence to instill fear in the victim. They then use this fear to overcome them and permanently deprive them of their money or property of value. It’s this direct confrontation that makes robbery so serious. The state of Florida criminalizes the following variations of robbery, sudden snatching, robbery with a deadly weapon, robbery with a firearm, home invasion robbery and carjacking. Because robbery is a violent crime

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May
15

Probation Violation

by Criminal Defense in Miami

By accepting the terms of your probation, you are guaranteeing to the court that you can manage yourself without having to rehabilitate in jail. This is a vote of confidence that the court awards based on the premise that one’s behavior will improve. If this ends up not being the case, serious consequences will follow, particularly in the state of Florida. This light sentence can be a blessing for many whose only other option would be jail and will always be preferred to a prison sentence. Even so, being on probation comes with many requirements that will become a strain on your life in many respects, be it socially, financially or with regard to your job. Although probation is still a punishment that needs to be completed in order to gain the freedom that you have enjoyed in the past, many who do not take it as seriously as it should be, violating their terms and unwittingly getting in more trouble. Some of the ways in which individuals tend to violate probation can include, but are not limited to, positive drug or alcohol tests, failing to attend required treatment programs, courses or AA meetings, failing to pay the fines and fees required as a part of your probation terms, not reporting to your probation officer on the correct date or time, failing to report if you have changed addresses during the probationary period, leaving the city, county, or state, without obtaining permission from the courts or probation officer, contacting someone who has an order of protection against you and Possession of firearms. After being accused of violating your probation, you are now in a unique situation due to the fact that you were already sentenced for your crime. This, in effect, offers you less legal protection than if you were just being charged with a new crime.

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May
14

Felon Possession of Firearm Defense

by Criminal Defense in Miami

Any accused felon has limited rights when it comes to possessing a firearm. Committing a felony leads to many rights being stripped from an individual. The second amendment to our constitution states that The right of the people to keep and bear Arms, shall not be infringed. The amendment, although a backbone to the American Constitution, has been the series of much debate since its publication. Through this debate both states and our federal government have adjusted to the people’s rights and thoughts in our democratic government. Our society has gone through many changes since the second amendment was written and state and federal laws have been so strict about who can obtain a firearm, and those whose rights have been limited are often times breaking the law when they possess a firearm. Any felon that possesses a firearm is breaking the law. Penalties are severe and can destroy an individual’s way of life. However, as a felon who has been accused of these crimes, there are several ways to defend yourself from these harsh penalties. The prosecution must present a case that involves proof that you were possessing a weapon as well as making sure the evidence was not unlawfully obtained. In the event that these criteria are not met, it is possible for the case to be dropped.

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May
14

Possession of Firearms

by Criminal Defense in Miami

There are a number of laws concerning the possession and purchase of firearms and weapons that are meant to reduce crimes rates and the number of deaths and injuries associated with firearm use and accidents. In some states there are differing legal regulations that restrict who exactly can possess a firearm. The violation of these statutes can result in long lasting repercussions, negatively impacting the quality of life for those accused. By knowing what the laws are in your state regarding firearm possession, you are better able to protect your rights, freedoms, and overall well being. All across the United States there are many laws meant to restrict and regulate who may purchase, own, and use a gun or other weapons. Common examples of such laws include the following. It is against the law for a convicted felon to possess a firearm, unless that individual’s civil rights have been reinstated. It is illegal for an individual who has been issued an injunction restricting them from committing domestic violence to possess any firearms or ammunition. It is illegal for a minor to possess a firearm, unless that individual in engaged in legal activities such as recreational hunting with a parent or guardian. It is illegal for vagrants, alcoholics, drug addicts, or the mentally incompetent to possess a firearm. These laws are merely related to possession of a firearm. There are a number of other legal restrictions that extensively regulate firearm carrying. To be sure of what the laws are in your area, you should speak with an experienced attorney.

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Article Source: http://EzineArticles.com/4595282

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May
14

Marijuana Possession

by Criminal Defense in Miami

One thing that Florida has added on to their drug laws is that anyone convicted of the offense will automatically have their license suspended for two years.
Less than twenty grams can see you facing up to a thousand dollars in fines along with up to a year in jail. Less than twenty grams, but within a thousand feet of a church, school, daycare center, park, community center, convenience store, college, place of business, or public recreational facility will change the fees to up to five thousand dollars and up to five years in jail. When you are caught with more than twenty grams or over twenty five plants it is no longer considered just possession, but will come with the intent to distribute and will also find you facing up to five thousand dollars in fines and up to five years in jail. There are many Consequences for the intent to distribute in the state of Florida . twenty five pounds will find you facing up to five thousand dollars in fines and up to five years in jail. Twenty five to two thousand pounds is up to twenty five thousand dollars in fines and up to fifteen years in jail with a minimum requirement of three years.

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May
14

Juvenile Possession of a Firearm

by Criminal Defense in Miami

In the state of Florida, it is illegal for a juvenile to possess any kind of firearm. A juvenile is legally defined as anyone under eighteen years of age, otherwise known as a minor. If a minor is found to have a gun on his or her person or within his or her vehicle, the minor may be arrested and charged with illegal possession of a firearm. While something as simple as possession may seem like a relatively harmless crime, Florida takes its firearms laws very seriously. A single conviction could have a lasting negative effect on your future for years to come. In most cases, a minor is tried as a juvenile in court. This means that he or she is not tried before a jury as adults are, and if he or she is found guilty, the penalties are typically less severe than those for adults who commit the same crime. However, if the minor is close to the age of eighteen or committed a more severe possession offense, such as bringing a gun to school, the prosecution may attempt to have the minor tried as an adult. A juvenile found guilty under adult charges may be ordered to serve jail time and pay hundreds of dollars in fines. If you are a minor and have been charged with illegal possession of a firearm, it is important to consult with a criminal defense lawyer as soon as possible. Though minors are not considered to have the same legal status as adults, they do have many of the same inalienable rights. A criminal defense attorney can advise you on your case and will ensure that your legal rights are protected. An experienced juvenile firearm offense lawyer may be able to work with the police and judge to negotiate a less severe charge and/or penalty for the offense and will fight to defend you against an overzealous prosecution.

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May
11

Classifications of Theft

by Criminal Defense in Miami

From a very young age, almost all people have a concept of what it means to steal something. As children, most of us are chastised at some point for wrongfully taking something that is not ours. Because of this, the term theft rarely needs much explaining when it is used in everyday conversation or in terms of a criminal charge against an individual. Still, the details of a theft charge can become a little more confusing when the illegal act’s various possible classifications come into question. Many states draw a distinction between petty theft and grand theft. Petty theft deals with smaller amount of money or less valuable goods and is generally considered a misdemeanor. Grand theft involves more valuable goods or larger amounts of money and can result in either felony or misdemeanor charges, depending on the state and case. Shoplifting is one of the most common theft related crimes that courts see in the United States and is defined by the illegal taking of goods from a retail store or establishment. There are generally no specialized charges for shoplifting, and the crime will be charged as theft. Sentencing will depend on the value of goods stolen. Common shoplifting techniques include distraction, barcode switching, and “grab and run,” though shoplifters employ a wide variety of ploys in hopes of remaining uncaught. Fraud is defined as deception for personal gain. When the gain is in the form of property or monetary assets, fraud is theft. Identity theft, forgery and, bait and switch schemes are all types of fraud. Embezzlement is a specific type of fraud which involves an individual or group dishonestly taking assets with which they have been trusted.

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