• Criminal Defense

    • A POLICE OFFICER STOPPED ME WALKING DOWN THE STREET AND ASKED ME QUESTIONS. DO I HAVE TO ANSWER?

      Video Transcription: 

      The technical answer is no but I should tell you that it depends on the circumstances. Under certain instances, law enforcement can compel the testimony of civilian witnesses. However, if that law enforcement officer is investigating you, they must indicate to you that their questions are coming from that perspective. If that’s the case, you should never speak with law enforcement.

    • DO I HAVE TO CONSENT WHEN THE POLICE ASK ME TO ALLOW THEM TO SEARCH MY CAR OR HOUSE?

      Video Transcription:

      Absolutely not. In fact it is my specific advice to never consent to a search no matter the location of the search. If law enforcement believes they have probable cause for an arrest, allow them to arrest you. Never supply law enforcement with additional evidence in an effort to support a conviction.

    • ONCE CHARGES HAVE BEEN FILED AGAINST ME, HOW LONG BEFORE I RECEIVE A TRIAL?

      Video Transcription:

      The answer to that question is dependent on whether you have been charged with a misdemeanor or a felony. In the state of Florida, the state attorney’s office has 90 days to bring forward a case that has been charged as a misdemeanor. In cases that have been charged as felonies, the state has 180 days from the date of the arrest to bring the case to trial. However, you should be aware of the fact that sometimes there are instances when your lawyer believes that you should waive or give up your right to a speedy trial. If the circumstances suggest that a quick trial is appropriate, then of course you would not waive that right.

    • SHOULD I TALK TO THE POLICE?

      Video Transcription:

      If you believe you are being investigated for a crime, the answer is never. There are no circumstances under which you should speak with law enforcement if you believe that law enforcement believes that you have been involved in criminal activity. Although we all can say it in our sleep, they will use your statements against you.

    • WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR?

      Video Transcription:

      In the state of Florida, a misdemeanor is punishable by one year in the county jail. That is a maximum punishable offense. Generally, misdemeanor offenses include bar fights, simple batteries, and the most common misdemeanor offense is probably driving under the influence. A felony charge can be punished by up to life in prison, depending on the severity of the case. A simple answer here is that a misdemeanor is a less serious offense than a felony.

    • WHAT IS THE DIFFERENCE BETWEEN HIRING AN ATTORNEY AND USING THE APPOINTED PUBLIC DEFENDER?

      Video Transcription:

      When a person is accused of a crime, that person has a decision to make whether or not to accept the appointed public defender or to seek private counsel. The benefit in seeking private counsel is that a private attorney can give your case the time it needs. Assistant public defenders are often times overworked and underpaid, private counsel can give the attention and detail that your case deserves.

    • CAN I BE CHARGED IF MY FRIEND PAWNED STOLEN PROPERTY AND I HELPED THEM CARRY IT INTO THE PAWN SHOP?

      Video Transcription:

      The answer is it depends, it depends on what you knew. If you knew that the jewelry was stolen, then the answer is absolutely. However, if there is no evidence to suggest your knowledge that your friend stole the jewelry, then the state is going to have a difficult time proving that you were a principle in the pawning because there will be no evidence to show that you knew. However, if you speak with law enforcement and make statements to law enforcement suggesting knowledge, that could be sufficient to charge you.

    • CAN I MOVE IF I AM ON PROBATION IN FLORIDA?

      Video Transcription:

      If you are placed on reporting probation, there are numerous standard requirements. One of those standard requirements is the requirement that probation be aware of your current residence. There is no prohibition on moving within the state. However, there would be a prohibition on moving without providing the probation officer notice that you are seeking to move your residence. The answer to the question is that you are permitted to move; however, you must notify probation prior to doing so.

    • CAN SOCIAL MEDIA OR INTERNET INFORMATION BE USED TO PROVE A CASE AGAINST ME IN COURT?

      Video Transcription:

      It absolutely can. What that means is that you have to be very, very cautious about what you post on social media. I have seen numerous instances where postings have lead to law enforcement effectuating and arrest. It is senseless to post evidence of crimes committed online. There is no two ways about it, that evidence can and will be used against you.

    • CAN THE POLICE GET A WARRANT IF SOMEONE TOLD THEM I WAS DOING SOMETHING ILLEGAL?

      Video Transcription:

      No, that probably is not enough to get a warrant. However, if law enforcement receives a tip or information that you are engaged in criminal activity, then that can begin an investigation. During the course of that investigation, if law enforcement independently witnesses additional evidence in support of a warrant, then law enforcement can petition the court for the purpose of obtaining a warrant. The answer to the question is, by itself no, but it could be the beginning of an investigation that ultimately gives law enforcement the authority to obtain a warrant.

    • DO I HAVE TO COMPLETE THE ENTIRE PROBATION TIME?

      Video Transcription:

      If you have been what the courts deem a model probationer, you can seek early termination of your probation. By hiring a criminal defense attorney, the attorney can petition the court to make the argument that probation is no longer needed because there have been no violations of probation. However, if there have been violations of probation during the course of the probation period, it becomes very difficult to early terminate. If you have followed all the rules and there have been no further law violations, you do not need to do the complete amount of time agreed upon and can petition the court for early termination.

    • HOW CAN I FIND OUT IF THERE IS A WARRANT FOR MY ARREST?

      Video Transcription:

      Often times people will ask me if there is an outstanding warrant for their arrest. The answer to the question is by contacting and hiring a competent criminal defense attorney. A competent, local attorney can reach out to law enforcement to determine whether or not an active warrant exists. If an active warrant does in fact exist, law enforcement can agree to attach a bond to the warrant. It behooves you to have a criminal defense attorney who has the ability to reach out to law enforcement in an effort to coordinate the effectuation of the warrant.

    • HOW DOES A ASSISTANT STATE ATTORNEY IN FLORIDA DECIDE WHICH CRIMINALS TO GO AFTER?

      Video Transcription:

      Several factors are considered by an assistant state attorney who is determining whom to prosecute. The number one factor would most likely be the individual’s criminal history. Individuals who have had repeat offenses are oftentimes singled out by prosecutors for prosecution. However, the flip side is also often the case. People who are first offenders are routinely viewed by the prosecutors office as such, and therefore for individuals who are charged as first offenders, a lot can be done as it relates to the nature of the charges that are ultimately brought forward by the state.

    • HOW WILL MY SENTENCE BE DECIDED IN FLORIDA?

      Video Transcription:

      While your sentence is going to depend on the nature of the charges levied against you, in county court misdemeanors are alleged. In circuit court felonies are alleged. The more serious the crime, the more likely it is to be a felony. In the event that you are charged with a felony or a misdemeanor, it is critical to hire competent council.

    • I AM GUILTY, HAVE NO DEFENSE, AND JUST WANT TO GET THIS OVER WITH. SHOULD I EVEN BOTHER GETTING AN ATTORNEY?

      Video Transcription:

      You absolutely should, even though the facts are not in question, the sentence or the punishment is. If you hire competent, local counsel, we can assist you in gaining the best resolution possible for your particular situation. There are no cases that we cannot help with, even if the evidence is overwhelming, there are things that can be done on your behalf to influence the state to have leniency as it relates to the ultimate punishment.

    • THE POLICE DID NOT READ ME MY RIGHTS. DOES THAT MEAN THAT THE ARREST IS INVALID AND THE CHARGES WILL BE DISMISSED?

      Video Transcription:

      The rights you are referring to are commonly called Miranda Rights. These rights are only applicable when law enforcement seeks to have a conversation with an accused about their behavior. In the event that law enforcement questions an accused, law enforcement must read them their rights. Those rights consist of the right to council and the right to remain silent. If a law enforcement officer reads you your Miranda Rights, invoke those rights and do not answer any questions.

    • HOW MUCH DOES IT COST TO HIRE A ATTORNEY IN A CRIMINAL CASE IN FLORIDA?

      Video Transcription:

      Costs will vary by the nature of the offense. The more serious the charge, obviously the more amount of time goes into the defense and therefore the costs will be greater. Florida breaks down charges between felonies and misdemeanors. Felonies are serious offenses that punishable by department of correction sanctions. Misdemeanors are punishable by a maximum of one year in the county jail. Felonies will cost more than misdemeanors.

    • MY GIRLFRIEND AND I GOT IN A FIGHT AND I HIT HER. WE MADE UP AND ARE BACK TOGETHER. CAN SHE JUST DROP THE CHARGES?

      Video Transcription:

      The short answer is no. An alleged victim by herself drop charges. However, having said that, they certainly can assist you in the preparation of your defense. In the event that we have a cooperative victim, certain documents can be prepared and tendered to the state attorney’s office in an effort to either get the charges reduced or dismissed. The answer to the question is no. However, in the event that you have a victim who is no longer seeking to prosecute, that can go a very long way.

    • THE POLICE WANT ME TO GIVE THEM PERMISSION TO SEARCH MY HOUSE, CAR, COMPUTER, CAMERA, ETC. SHOULD I GIVE IT TO THEM?

      Video Transcription:

      Absolutely not. Under no circumstance should you consent to a search of your person or property by law enforcement. If law enforcement is requesting consent to search they are obviously investigating you for criminal conduct. Because they are investigating you, you should not in any way facilitate their investigation. If you have reason to believe that you are being investigated for a crime, and law enforcement contacts you for purposes of obtaining a consent, never sign that consent.

    • THE POLICE WANT TO GET MY SIDE OF THE STORY. SHOULD I GIVE A STATEMENT?

      Video Transcription:

      Never. The police don’t want to get your side of the story. The police want you to make statements that assist them in their investigation against you. Law enforcement has the ability to ask questions. You have the right not to answer them. If you believe there is an ongoing investigation and that you are the target of the investigation, do not speak with the police under any circumstance.

    • THIS IS THE FIRST TIME I AM IN TROUBLE IN FLORIDA. WILL THE PROSECUTOR TREAT THIS CHARGE LIKE IT IS MY FIRST OFFENSE?

      Video Transcription:

      The answer is they absolutely should. Prosecutors in the state of Florida have broad discretion when it comes to bringing forward charges. Sometimes offenses can be charged either as misdemeanors or felonies. In these instances where someone is being alleged of a crime, and it is their first offense, a private criminal attorney can greatly assist the potential that the state seeks leniency. If the prosecutor has discretion, and you hire a private attorney, the charges can be affected.

    • WHAT ARE MIRANDA RIGHTS OR MIRANDA WARNINGS?

      Video Transcription:

      Miranda Rights stem from a United State Supreme Court decision of Miranda vs. Arizona in which the Supreme Court found that a defendant who is being questioned by law enforcement is entitled to know that law enforcement is seeking statements to be used against them. It seems that all of us can, in our sleep, recount these rights that law enforcement tells us that we have the right to remain silent and that anything that we say can be used against us. However, some of us do not think this through. Under no circumstance should you speak with law enforcement if they are actively investigating a case concerning yourself.

    • WHAT ARE MY RIGHTS IF I AM ACCUSED OF A CRIME IN FLORIDA?

      Video Transcription:

      Well, you have numerous rights if you’re accused of a crime, but the number one right that I think that you should think about is your right to competent counsel. In the event that you’re accused of criminal behavior, the next steps are critical. Hiring a competent local defense attorney can be the difference between a resolution that is acceptable and a resolution that potentially is life changing.

    • WHAT DO I DO IF I CANNOT AFFORD TO MAKE THE BAIL SET IN MY FLORIDA CRIMINAL LAW CASE?

      Video Transcription:

      One of the components of a competent criminal defense attorney is to ensure that our client’s bond is set as low as possible. In the event that at first appearance the bond was set in an unjust or unfair way by hiring counsel, counsel can petition the court of home jurisdiction for a reduction of bond. In the event that the court agrees that the original bond is set too high based on the circumstances surrounding the charge of the cumulative criminal history of the accused, the court of home jurisdiction can modify the original bond and reduce the bond.

    • WHAT DO I DO IF THERE IS A WARRANT OUT FOR MY ARREST IN FLORIDA?

      Video Transcription:

      If you become aware that you have an active warrant, immediately contact a criminal defense attorney. An active warrant means that law enforcement believes that it has probable cause for your arrest.
      If you contact competent council, there is the possibility that law enforcement will agree to a bond attached to the warrant in question. The benefit of a bond being attached to a warrant could mean that you could be immediately released on bond. It is critical to contact a lawyer immediately upon finding out that you have an active warrant for your arrest.

    • WHAT DOES BEYOND A REASONABLE DOUBT MEAN?

      Video Transcription:

      Oftentimes, lawyers complicate language. When you hear that a case must be proven beyond a reasonable doubt, what that means is that the evidence presented in court should be sufficient so that an objective person listening to that evidence does not go back and forth in their head about the likelihood of culpability. If at the end of the state’s case, a juror is left with the impression of maybe they are guilty, and maybe they are not, that is reasonable doubt.

    • WHAT IS THE DIFFERENCE BETWEEN JAIL AND PRISON IN FLORIDA?

      Video Transcription:

      There’s quite a big difference between jail and prison. Jails are county facilities that hold inmates pending trail. The majority of inmates that are charged with felonies are facing prison. Prison, or the Department of Corrections, is punishment for felonies. County, or jail, is punishment for misdemeanors. In the event that somebody is charged with a felony it does not mean that they cannot get county time or jail time, it just means that the maximum punishment is the Department of Corrections or prison.

    • WHEN DO THE POLICE HAVE TO READ ME MY RIGHTS IN FLORIDA?

      Video Transcription:

      This is a question that is most often misunderstood by individuals who get arrested in the state. The only time that your rights, as it relates to your right to remain silent, the only time those rights are read is if law enforcement is questioning you personally about the criminal behavior. In instances where law enforcement does not see the need to question a person charged with a crime, there is no requirement that your rights, or specifically your Miranda rights, are read. Recall, the only time Miranda is required to be read is when law enforcement is actively seeking a statement that could be used in the furtherance of their prosecution.

    • WHY SHOULD I HIRE A CRIMINAL DEFENSE ATTORNEY?

      Video Transcription:

      If you even have a hunch that law enforcement suspects that you are involved in criminal behavior, you need a criminal attorney. It is important to hire a criminal attorney who is experienced in the local jurisdiction in which the suspected allegations stem. Criminal defense attorneys who practice routinely know the players involved in the system. If you believe that you are under investigation or if law enforcement has sought you out for a statement, it is absolutely imperative that you hire a criminal defense attorney.

    • SHOULD I AGREE TO A PLEA BARGAIN?

      Video Transcription:

      You should never agree to a plea bargain without reviewing the facts with a competent criminal defense attorney. In reviewing the probable cause affidavit, a competent attorney can determine whether or not the evidence is sufficient for the state to prosecute.

      If there appears to be room to make the argument that the evidence is insufficient, then of course a competent lawyer would never make the recommendation to plea but rather to fight the charges. However, sometimes fighting can be problematic. If after review of the evidence counsel determines that the evidence is, in fact, sufficient, the next step should be to secure the most beneficial negotiated settlement in the form of a plea possible.

    • THE POLICE WANT ME TO TALK ABOUT A CRIME THEY THINK I COMMITTED. SHOULD I COMPLY?

      Video Transcription:

      If you believe that law enforcement is investigating a case against you, and that that investigation is ongoing, there is no circumstance under which you should speak with law enforcement. The fact that they are investigating the case indicates that they believe a crime has been committed and that you are the person that committed the crime. There is no benefit that can be incurred by speaking with law enforcement under these circumstances.

  • Drug Crimes

    • WHEN ARE THE POLICE LEGALLY ALLOWED TO SEARCH ME?

      Video Transcription:

      In certain instances law enforcement is legally allowed to search your person or your property. In the event that law enforcement has enough evidence to secure a search warrant, that would allow them to enter your residence for purposes of a search.

      More oftentimes searches occur as a product of a traffic stop where law enforcement alleges some other criminal activity.

    • ARE ALL ILLEGAL DRUGS TREATED EQUALLY WHEN IT COMES TO PUNISHING DRUG DEALERS IN FLORIDA?

      Video Transcription:

      No, the quantity and the type of narcotic is also relevant to the ultimate punishment. For instance, heroin is treated differently than cocaine. Also, probably obviously, marijuana is treated differently than either heroin or cocaine. The type of substance that is being investigated is clearly relevant to the ultimate punishment.

    • IS THERE SUCH A CRIME AS CONSPIRACY WITH INTENT TO DISTRIBUTE DRUGS?

      Video Transcription:

      Yes. The crime of conspiracy is a charge where the government is alleging that you take an act in furtherance of the crime. The crime of conspiracy as it relates to narcotic sales means that you’re assisting in those sales. It does not necessarily mean that you are partaking in the sales. The government often charges people with conspiracy when they know that they are involved in criminal activity but are uncertain of the specific role.

    • SHOULD I HIRE A DRUG OR NARCOTICS ATTORNEY?

      Video Transcription:

      If you’ve been arrested in the state of Florida for either a drug or narcotic offense, it would make great sense to hire a criminal defense attorney. Obviously, the role of law enforcement is to seek your prosecution. My role in assisting you during the course of your arrest and subsequent prosecution is to attempt to effectuate the best result possible.

    • WHAT IF THE SEARCH AND SEIZURE IS NOT LEGAL?
      If law enforcement engage in conduct that is deemed unconstitutional, of course it is the job of the criminal attorney to determine whether or not there is an argument to be made for the dismissal of the charges. We review each probable cause affidavit to determine whether or not there is sufficiency for each arrest. If there is insufficiency for the arrest, we will file the appropriate motions.
    • CAN THE POLICE JUST STOP ME ON THE STREET AND SEARCH ME FOR NO REASON IN FLORIDA?

      Video Transcription:

      Absolutely not. Common sense dictates that if you have done nothing wrong, law enforcement cannot conduct a criminal investigation. However, common sense also dictates that if law enforcement is seeking the ability to search you, they probably believe that you have conducted some criminal behavior. So, in that instance, you calmly tell the law enforcement officer that you are not consenting to a search and if the officer has probable cause for your arrest that you comply with the officer.

    • HOW CAN I DEFEND MYSELF AGAINST A DRUG CHARGE?

      Video Transcription:

      In the event that you are charged with possession or sale of an illegal narcotic, it would make sense to hire a criminal attorney. A criminal defense attorney who is skilled in the defending charges involving illegal substances knows the laws as they pertain to those substances. Depending on the amount of the substance in question, could determine whether or not you’re charged with simple possession or trafficking in narcotics.

    • I WAS ARRESTED FOR POSSESSION OF DRUGS AND INTENT TO DISTRIBUTE, BUT THEY WERE FOR PERSONAL USE. WHAT DO I DO?

      Video Transcription:

      The first thing you need to do is contact a competent criminal defense attorney. Although you may have been in possession of the narcotics for a specific reason you certainly would never want to make that sort of statement to law enforcement. A criminal defense attorney can help you and assist you in making sure that any statements given to law enforcement are given in a thoughtful way.

    • ILLEGAL DRUGS WERE FOUND IN MY HOUSE OR CAR BUT AREN’T MINE. DO I NEED AN ATTORNEY?
      The simple answer is, of course. Anytime you are found in the presence of any illegal activity, it makes sense to hire private counsel. Law enforcement will not give you the benefit of the doubt. The simple answer here is, because there was illegal contraband found near your person, it is absolutely imperative that you hire an attorney.
    • IN A JURY TRIAL, WHY DOES THE JUDGE NEED TO SEE THE VERDICT BEFORE THE JURY FOREMAN READS IT ALOUD?

      Video Transcription:

      In a jury trial the role of the court and the role of the jury are equally defined. However they do not overlap. The role of the judge is to make sure that the jury applies the appropriate law. The role of the jury is to apply that law. When the court reviews the jury verdict prior to publishing the verdict, the court is reviewing the verdict form for legal sufficiency.

    • IS REFUSING TO LET THE POLICE SEARCH ME AN ADMISSION OF GUILT?

      Video Transcription:

      No, it most certainly is not. In fact, I recommend that no one ever consents to a search of their person or property. If law enforcement has sufficient probable cause for your arrest, they will effectuate an arrest. It’s my advise not to give them additional evidence to support their theories of prosecution, so I never ever advise anyone to consent to a search of either their person or property.

    • IS THERE ANY WAY TO FIGHT BACK IF I AM ARRESTED AFTER AN ILLEGAL SEARCH?

      Video Transcription:

      Of course there is. You need to consult with a competent local criminal attorney. When I sit down with a prospective client, I review the probable cause affidavit to determine if there is sufficient probable cause for your arrest. An illegal search is one of many possible deficiencies in law enforcements investigations. We of course will review the probable cause affidavit to determine if there actually is sufficient probable cause for the search.

  • DUI

    • CAN I GET A LIMITED LICENSE OR WORK PERMIT FOLLOWING A FLORIDA DRUNK DRIVING CONVICTION?

      Video Transcription:

      Well, this answer depends on how many prior DUI’s you’ve had. In the event that this is your DUI, then yes, you will be eligible for a hardship, so long as your license was valid at the time of the DUI.  Hardship license allow you to drive for purposes of work, for purposes of school or to go to the doctors. This is a limited ability to drive but, nonetheless, it can be a very important benefit incurred if you hire a defense counsel.

    • CAN I HAVE MY DRUNK DRIVING CONVICTION EXPUNGED IN FLORIDA?

      Video Transcription:

      Unfortunately, you cannot have a drunk driving conviction expunged in Florida. In fact, you cannot have any conviction expunged in Florida. Expungement are only available in instances where the underlining offense is dismissed. If the charges were dismissed, than you are eligible for an expungement. However, you are only eligible for one expungement.

    • DO I HAVE TO PUT UP MY OWN BAIL FOLLOWING AN ARREST IN FLORIDA?

      Video Transcription:

      No, you do not need to personally post your own bond. Depending on how many prior charges there were you may or may not have a monetary bond, but it need not be posted by you. You could contact a bonds person who could assist in posting that bond.

    • HOW MIGHT THE COURT USE THE SCRAM BRACELET TO PUNISH ME BEFORE OR AFTER I AM CONVICTED OF DRUNK DRIVING?

      Video Transcription:

      If you are convicted of drunk driving, there will be several requirements that are a component of your probation. One of those requirements is often a SCRAM monitor, which is to determine whether or not you are consuming alcohol. This is a device that the courts use to monitor whether you are complying with the condition that you are not allowed to possess or consume alcohol during the course of your probation for a DUI.

    • WHAT HAPPENS IF I REFUSE A BREATH TEST IN FLORIDA?

      Video Transcription:

      If you are suspected of driving under the influence in the state of Florida, it is always my recommendation to refuse the breath test. This will have consequences. Your license will most likely be suspended for a year. However, the benefit incurred in not providing a breath sample is that you do not provide the state of Florida with evidence sufficient to convict you, so it is always my recommendation not to blow.

    • WHAT IS AN IGNITION INTERLOCK DEVICE?

      Video Transcription:

      In the event that you have plead guilty to either a reckless driving, or a driving under the influence in the state of Florida, you will have several conditions of probation. One of those conditions very well might include the ignition interlock device. This is a device that requires you to blow into a machine to affirm that you have not consumed any alcohol in order to gain access to your motor vehicle.

    • WHY IS BAIL IS SO HIGH? CAN SOMETHING BE DONE TO LOWER THE BAIL?

      Video Transcription:

      One’s bail or one’s bond is generally set in accordance with the severity of the charge for which one has been arrested. So, in the event that you have been arrested for a felony, your bond is going to be higher than if you have been arrested for a misdemeanor. The more serious the charge, the higher the bond. The question to be determined is whether that bond can be reduced, yes bonds can be reduced upon motion to the court.

    • CAN A PERSON BE GUILTY OF DRIVING UNDER THE INFLUENCE IN FLORIDA IF THEY ONLY HAD ONE DRINK?

      Video Transcription:

      The answer is, it depends. Whether or not you’ve consumed one beverage is not going to be the ultimate test, because the question is whether you were driving impaired. It sounds like most likely if the basis for the impairment is alcohol and you have only consumed one drink, that the evidence will be insufficient to show impairment. However, nowadays we also have to make sure that there isn’t impairment from some other source. Merely having one drink may not be a lifesaver if there is something else in your system.

    • CAN I BE STOPPED AND ARRESTED FOR DUI IN FLORIDA EVEN IF THE VEHICLE WAS NOT MOVING?

      Video Transcription:

      The question or not of whether the vehicle is moving is not the determine of question. It’s whether you have actual physical control of the vehicle. The short answer is yes, you can be arrested for a DUI even though the vehicle’s not moving. This actually does happen when people are past out in the driver’s seat of a vehicle where the keys are in the ignition. If those keys are in the ignition, the law says you still do have actual physical control, and therefore you could be subject to an arrest.

  • Federal Crimes

    • WHAT IS IDENTITY THEFT AND IDENTITY FRAUD?

      Video Transcription:

      The charges of both identity theft and identity fraud are very serious. They can be brought both through the state of Florida and through the federal jurisdiction. In the event that you are charged with aggravated identity theft by the United States of America, a minimum mandatory of two years is imposed. Clearly, these charges are considered to be very serious by both the local jurisdiction and the federal authorities.

    • WHAT IS THE ROLE OF THE FEDERAL GOVERNMENT IN CRIMINAL LAW?

      Video Transcription:

      If the federal government brings charges against you, an Assistant United States Attorney will be assigned to prosecute the case. The role of the federal government in any prosecution is to attempt to convict you. It is imperative that if you are charged with a federal crime, that you hire an experienced federal criminal defense attorney.

    • WHO INVESTIGATES AND PROSECUTES FEDERAL CRIMES?

      Video Transcription:

      In instances where the United States of America is alleging criminal conduct and the Assistant United States Attorney is assigned to prosecute the case, the cases are developed by federal agents. Federal agencies include the D.E.A., the A.T.F., and Homeland Security. In instances where the federal government is prosecuting, it is imperative to hire an experienced federal defense attorney to fight the charges.

    • DO I NEED A FEDERAL ATTORNEY TO FIGHT MY CHARGES?

      Video Transcription:

      If you have been charged with a crime by the United States of America, you absolutely need to hire an experienced federal criminal attorney. The United States of America prosecutes people in certain instances where it is alleged that crimes have occurred that affect interstate commerce. The level of prosecution in federal offenses is of a much higher and more sophisticated level than in state court. If you are charged with any crime, and the United States of America is alleging that crime, you absolutely need to hire a federal criminal defense attorney.

    • HOW DO I KNOW IF I AM BEING INVESTIGATED FOR FEDERAL CHARGES?

      Video Transcription:

      Oftentimes individuals who are being investigated by federal agencies are contacted by a federal agent in an effort to get a statement with regards to their investigation. If you are ever contacted by a federal agent, it is imperative that you immediately seek representation in the form of an experienced federal criminal defense attorney.

    • HOW DO I KNOW THAT MY CASE IS A FEDERAL CASE?

      Video Transcription:

      In the state of Florida, if you have been arrested and accused of a crime by the United States of America, you know that you are charged in the federal jurisdiction. Federal jurisdiction charges include charges where the federal government alleges criminal conduct. State offenses are instances where the state of Florida alleges criminal conduct. If the United States of America is prosecuting, then you know it is a federal charge.

    • I DO NOT THINK I HAVE DONE ANYTHING WRONG. WHY DO I NEED AN ATTORNEY?

      Video Transcription:

      The question is not whether or not you think you have done anything wrong. The question is whether you’re being investigated for a crime. If a law enforcement agency believes that you are committing criminal activity, you need to contact a criminal lawyer. Whether or not you believe you are responsible in any way, shape, or form for that criminal activity does not matter. If law enforcement is investigating you, you need help.

    • IF I SIMPLY INTEND TO PLEAD GUILTY, WHY DO I NEED AN ATTORNEY?

      Video Transcription:

      If you have been arrested in the state of Florida, you need a criminal attorney. Even if you believe that the state has evidence sufficient to convict you, you still want the best resolution possible. Therefore, if you hire competent criminal counsel, you will be in a position to gain the best resolution possible even if you are guilty of the accusations.

    • IRS AGENTS SHOWED UP UNANNOUNCED AND WANT TO TALK TO ME. WHAT SHOULD I DO?

      Video Transcription:

      In the event that an IRS agent would show up and want to get a statement from you, you would want to immediately contact a criminal defense attorney. It’s imperative that you not make any statement that could be used against you, and the federal system allows for their agents to collect information during the course of their investigation. I would politely ask the agent for their information and immediately reach out to a competent criminal defense attorney who can handle federal matters.

    • WHAT ARE FEDERAL MAGISTRATE JUDGES?

      Video Transcription:

      In the federal system, there are two types of judges that you could appear in front of. The first is a federal magistrate. The magistrates handle basic procedural hearings such as a pretrial determination hearing. There is also an assigned trial judge to each magistrate. That would be the judge who would ultimately punish or sentence you, if you pled in front of them.

    • WHAT HAPPENS IN A FEDERAL DETENTION HEARING?

      Video Transcription:

      A federal detention, also known as a pre trial determination hearing, serves as a bond hearing in federal court. The standards that the court are to review are: A), is the person a threat to the community; and B) are they a flight risk. Unfortunately, in federal court, oftentimes there is a presumption of detention. However, that presumption can be overcome in the event that the court finds a legitimate basis for bond.

    • WHAT IS A FEDERAL CRIME?

      Video Transcription:

      A federal crime as opposed to a state crime is a crime in which the United States of America is alleging criminal conduct. In state court it would be the state of Florida alleging the criminal behavior. When an individual is charged with a federal offense, that means that there will be a federal prosecutor assigned to the case, and it also obviously means that you will appear in federal court. There are a number of differences between federal procedures and state procedures. If you are charged with a federal crime, it is very important to hire a federal attorney with experience.

    • WHAT IS A FEDERAL PRE-SENTENCE INVESTIGATION REPORT AND WHAT IS IT USED FOR?

      Video Transcription:

      In the event that you have been charged by the federal government, the federal pre-sentence investigation report will be one of the most critical documents that you will review with your attorney. For purposes of federal sentencing, the federal court will be guided by the federal pre-sentence investigation. In the body of that document consists the accused’s criminal history. That criminal history will be used to determine the accused’s federal guideline range. This document is critical, because if there are errors in this document, they could significantly increase the time that the accused is facing.