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Impersonating a Law Enforcement Officer

Posted in Blog on December 29th, 2014

Impersonating a police officer or any other law enforcement officer/personnel in the State of Florida is a third degree felony punishable by up to 5 years in prison. If the person impersonates an officer during the commission of a felony offense then the charge is enhanced to a second degree felony, punishable by up to… Read more »

What is Indirect Criminal Contempt?

Posted in Blog on October 10th, 2014

The Florida Supreme Court has defined Contempt as “Any act which is calculated to embarrass, hinder, or obstruct the court in the administration of justice, or which is calculated to lessen its authority or its dignity.” The test is not the physical propinquity of the act to the court, but its tendency to directly affect… Read more »

What is Federal Wire Fraud?

Posted in Blog on October 9th, 2014

Anytime you read an article about someone being charged with a federal fraud crime, there is inevitably at least one count of wire fraud. In a fraud case, wire fraud and mail fraud are almost catchall criminal offenses for the U.S. Attorney’s Office to utilize. Wire fraud is a federal criminal offense that is codified… Read more »

WHAT IS AN ARREST?

Posted in Blog on August 7th, 2014

“There are essentially three levels of police-citizen encounters.” The first level is “a consensual encounter [which] involves only minimal police contact;” the second level is “an investigatory stop as enunciated in Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968);” and the third level is “an arrest which… Read more »

Federal Drug Sentencing Safety Valve

Posted in Blog on February 18th, 2014

Federal Drug Sentencing Safety Valve Federal drug sentencing guidelines have been described as draconian.  They are long sentences that almost always are accompanied by a minimum mandatory sentence.  A minimum mandatory sentence is the minimum prison sentence that a judge is required by law to impose for a particular crime.  The judge is not allowed… Read more »

What Happens Before A Sentence Is Imposed In Federal Court?

Posted in Blog on February 14th, 2014

After a person is convicted of a crime in federal court, either by plea or a trial, the next thing that happens in their case is they are sentenced. Prior to announcing a sentence in federal court, judges are provided with a significant amount of information about the defendant and the specifics of the charge… Read more »

Why Are Federal Criminal Cases So Much More Severe?

Posted in Blog on February 14th, 2014

The federal criminal system is significantly more severe that state criminal cases.  Federal criminal cases are prosecuted by the U.S. Attorneys’ Offices.  Federal prosecutors have the resources of the entire U.S. Government.  The U.S. Attorney’s office has the best investigative, prosecutorial, financial, and technological resources at their disposal.  Generally, federal prosecutors aid in the investigate… Read more »

What are Federal Drug Trafficking Penalties?

Posted in Blog on February 13th, 2014

Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana) Schedule Substance/Quantity Penalty Substance/Quantity Penalty II Cocaine 500-4999    grams mixture First Offense: Not less than 5 yrs. and not more than 40 yrs.  If death or serious bodily injury, not less    than 20 yrs. or more than life. Fine of not more… Read more »

What are the Federal Sentencing Guidelines?

Posted in Blog on February 13th, 2014

What are the Federal Sentencing Guidelines? The Federal Sentencing Guidelines are rules created by the Federal Sentencing Commission in an effort to create a uniform sentencing policy for individuals and organizations convicted of Federal crimes.  The Federal Sentencing Guidelines were originally created as mandatory guidelines but recent developments in the law have changed the mandatory… Read more »

What is an Arraignment?

Posted in Blog on February 11th, 2014

Arraignment Arraignment is a formal reading of the criminal charging document (information or indictment) in the presence of the defendant.  This hearing is to inform the accused of the charges against him or her.   In response to the reading of the charges, the accused is required to enter a formal plea. At the arraignment, the… Read more »