You’ve probably heard the expression “possession is 9/10 of the law” but what does that actually mean in legal cases involving drug crimes? Is there an actual law that this refers to? If not, does the phrase have any place in drug possession crimes or any other type of criminal case—and can it be used by either the prosecution or the defense? Let’s take a look at the origins of the phrase, what it means, and how it may or may not apply to cases involving drug crimes, the criminal possession of weapons or theft offenses in Florida. Request A Consultation Where does the saying “possession is ..read more

Violent crimes are classified differently in Florida to offenses such as theft or white-collar crimes — and are handled particularly severely. Serious examples of violent crimes include homicide, rape or manslaughter but this classification also includes offenses that do not have to have violence as their primary goal or where violence is incident to another purpose, such as burglary. Miami Beach and Homestead have some of the highest rates of violent crimes committed in South Florida. If you’re charged with a violent crime in the Miami area, it’s essential to understand the potential conse ..read more

If you are released on probation in Florida, you will be expected to adhere to a set of conditions during the entire probation term. Failure to follow one or more of these conditions is known as a probation violation and could result in jail time. Accidental breaches are unlikely to result in jail but willful and/or repeated probation violations are treated more harshly by the Florida justice system and could lead to significant time behind bars. How does probation work in Florida? In Florida, when an individual is accused of a crime and pleads guilty, nolo contendere, admits the facts all ..read more

Why frisk and stop? There are three levels of citizen-police encounters in the Florida constitution, as well as in our federal constitution and case law: During a level one encounter, the citizen can leave freely, and police contact is minimal. United States v. Mendahall, 446 U.S. 544, 100 S.C. 1870 (1980). Officers are permitted to stop a detained individual if they suspect the individual has committed, is committing, or is about to commit a crime. Terry v. Ohio, 392 U.S. 188 S.Ct. 1868 (1968). The arrest is based on probable cause that an offense has been committed by the defendant. McMas ..read more

Felony convictions at the state or federal level carry harsher penalties than misdemeanor convictions and generally include long stretches of time in prison. They also result in additional restrictions after the penalty is served. For instance, gun ownership for a convicted felon is illegal in Florida. So, if a felon is found with a  gun or certain other weapons in his/her possession, a charge of possession of a firearm by a convicted felon may be filed and further harsh penalties including prison time will await the offender. However, despite the gravity of the situation, several vali ..read more

Under our Constitution, Americans have the right to keep and bear arms — but with these rights also come certain restrictions. Firearms owners must have a valid gun license and, to carry a concealed weapon, require a special permit in most states. Carrying a concealed weapon without a valid license in Florida can lead to criminal charges — and a conviction comes with a multitude of negative consequences for one’s future. Even if you didn’t intend to cause anyone harm or commit an offense, simply carrying a concealed weapon is a criminal offense in Florida without a suitable license. If you ..read more

In a landmark trial stemming from the event that took place on January 6th at the capital in DC, Henry “Enrique” Tarrio, the leader of the Proud Boys extremist group, was found guilty of seditious conspiracy. This conviction carries the potential of a 20-year prison sentence, making it one of the highest-profile cases related to the attempt to halt the certification of the 2020 presidential election. Alongside Tarrio, three other Proud Boys members, Joseph Biggs, Ethan Nordean, and Zachary Rehl, were also found guilty of seditious conspiracy. Nayib Hassan’s Tenacious Defense of Enrique Tar ..read more

If you are released on probation in Florida, you will be expected to adhere to a set of conditions during the entire probation term. Failure to follow one or more of these conditions is known as a probation violation and could result in jail time. Accidental breaches are unlikely to result in jail but willful and/or repeated probation violations are treated more harshly by the Florida justice system and could lead to significant time behind bars. Is alcohol prohibited on probation? When released on probation, you can expect the terms of your release to include certain common restrictions l ..read more

If you are released on probation in Florida, you will be expected to adhere to a set of conditions during the entire probation term. Failure to follow one or more of these conditions is known as a probation violation and could result in jail time. Accidental breaches are unlikely to result in jail but willful and/or repeated probation violations are treated more harshly by the Florida justice system and could lead to significant time behind bars. How does probation work in Florida? In Florida, when an individual is accused of a crime and pleads guilty, nolo contendere, admits the facts all ..read more

Why frisk and stop? There are three levels of citizen-police encounters in the Florida constitution, as well as in our federal constitution and case law: During a level one encounter, the citizen can leave freely, and police contact is minimal. United States v. Mendahall, 446 U.S. 544, 100 S.C. 1870 (1980). Officers are permitted to stop a detained individual if they suspect the individual has committed, is committing, or is about to commit a crime. Terry v. Ohio, 392 U.S. 188 S.Ct. 1868 (1968). The arrest is based on probable cause that an offense has been committed by the defendant. McMas ..read more