Should I take a DUI breath test in Florida?

A question I get asked all the time is should I take the breath test if I get stopped for Driving Under the Influence (DUI) in Florida?  It is a simple question but one I cannot answer.  In Florida, we have an implied consent law, once you are granted the privilege of driving in Florida and you accept that privilege, you consent to a breath test, or other tests as outlined in § 316.1932, Florida Statutes (2016). If Read More

Trafficking in Marijuana in Florida

In Florida, the crime of trafficking in marijuana is defined in section 893.135(1)(a) of the Florida Statues. So what is trafficking in marijuana according to Florida law? Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of marijuana, or 300 or more marijuana plants. What are the Read More

Charged with a Firearm Offense? 5 Things You Need to Do Immediately

Your gun rights come with a host of serious responsibilities. Considering the repercussions for a gun crime—which can include jail time, fines, a criminal record, and a loss of your gun rights—you should never treat the matter lightly. Whether you've been arrested for illegal gun possession, shooting an intruder, or another gun-related crime, you must always understand your rights in the criminal prosecution process. Read More

What to Expect If You’re Ever Arrested in Florida—A Step-by-Step Guide

What does an arrest actually look like? For one thing, it doesn't always start with handcuffs and a booking—it can sometimes begin with a simple Notice to Appear in court. As a Florida resident, it's important to understand each step of the arrest process in your state. Get to know the following steps, so you can have a heads-up in case anything should happen. Step 1: Arrest If a police officer has probable Read More

Florida Dependency: Here’s What Parents Need to Know

When parents are accused of behavior that harms their children, they may face a civil dependency action. The dependency process usually follows accusations of abuse, neglect, or abandonment and can result in the child's removal from the parents' custody. If you are a parent or guardian facing this situation, it's very important to understand how the civil case will proceed in your state. Keep reading for an overview Read More

Preserving Your Claim in a Florida Auto Accident

When you're involved in a car accident caused by another driver, you might find that the expenses start to pile up fairly quickly. Between medical bills, car repairs, and lost time at work, it can feel as though you're being punished for someone else's mistake. If the injuries or property damage were extensive, the insurance settlement offer may not be enough—you may only be able to recover damages for all of your Read More

The Long-Term Costs of a Criminal Conviction

When you commit a crime, you don't just do the time—you face an array of lifelong challenges. The immediate punishments for a criminal conviction could include fines, community service, or a prison sentence, depending on the type and the severity of the crime. Misdemeanor defendants typically face a lighter sentence, with imprisonment lasting up to one year, whereas felony defendants may be imprisoned for over one Read More

“What’s Mine is Yours” No More: Understanding Property Division in a Florida Divorce

During a divorce, one of the most difficult things that people need to go through is the division of assets. During the marriage, both couples typically have the ‘what’s mine is yours, and what’s yours is mine’ approach, which is a very healthy attitude. At some point in the divorce, however, everything that you own will need to become either yours, or your ex’s. If you can’t come to an agreement about who gets what, Read More

Social Media Prenuptials

Since my appearance on the Katie Couric Show on June 25th, 2013, I have been getting a lot of emails asking about Social Media Prenuptials or Agreements as a way to prevent Revenge Porn. I've also received several inquiries from people who are not intending to get married but are interested in a Social Media Agreement to protect them against the possibility of Revenge Porn. A Prenuptial is an agreement between Read More

What happens at a DUI stop?

Have you ever wondered what really happens when the police stop someone for driving under the influence? I get asked that question a lot so here is the answer from someone who has actually been there, made the stop and arrested the driver. Prior to becoming a criminal defense attorney, I was a police officer at the Miami-Dade Police Department. I was also a DUI instructor and won a M.A.D.D. award for DUI Read More