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Category Archives: Criminal Defense

KnowYourRights

Understanding Your Miranda Rights in Florida

By Asilia Law Firm |

Most people are familiar with the Miranda warning. If you have ever been arrested by the police–of for that matter watched a crime drama on television–you have heard the admonition that a suspect has the right to remain silent and the right to an attorney. So what do these rights remain in practice? Can… Read More »

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How Florida’s “Rape Shield” Law Can Affect Your Right to Defend Yourself

By Asilia Law Firm |

Sex crimes cases are, by their very nature, an emotionally charged affair for everyone involved. And in the state’s zeal to try accused rapists or sexual batterers, there is often a tendency to take shortcuts with a defendant’s constitutional rights. This includes the right to confront their accusers through cross-examination in court. You may… Read More »

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CriminalLaw

What Happens If You Tamper with Physical Evidence in a Florida Criminal Case?

By Asilia Law Firm |

There are a few things you need to keep in mind if you are ever arrested on suspicion of a crime in Florida. First, never try to tamper with potential evidence. If you intentionally alter or destroy any physical evidence, the state can charge you with a felony separate from the original charge. Second,… Read More »

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Jury

Can You Waive Your Right to a Jury Trial in a Florida Criminal Case?

By Asilia Law Firm |

Everyone accused of a criminal offense in Florida has an absolute right to trial by jury. This right is guaranteed in both the United States and Florida constitutions. In Florida, a person accused of a capital crime has the right to be tried by a jury of at least 12 persons; in all other… Read More »

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Can You Refuse a Field Sobriety Test in Miami?

By Asilia Law Firm |

When a police officer suspects someone of drunk driving, the officer will often ask the suspect to take one or more “field sobriety tests.” For example, the officer will instruct the suspect to close their eyes, tilt their head back, and attempt to touch their nose with one finger. If the suspect has difficulty… Read More »

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What Are the Differences Between Felonies and Misdemeanors in Miami?

By Asilia Law Firm |

When you are arrested on suspicion of committing a crime in Florida, you may be charged with a felony and/or a misdemeanor depending on the circumstances. Although misdemeanors are generally considered less serious than felonies, they still carry significant consequences for a conviction. In addition, there are different types or “degrees” of felonies and… Read More »

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CrimLaw10

Former Jacksonville Jaguars Executive Sentenced for Wire Fraud

By Asilia Law Firm |

Mail and wire fraud are two of the most common federal white collar criminal charges a person can face in South Florida. These crimes involve the use of a physical or electronic communications system to defraud another person. In many cases, mail fraud or wire fraud serves as an “add-on” charge with other white… Read More »

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Your Right to a “Probable Cause” Hearing Under Florida Law

By Asilia Law Firm |

If you have been arrested on suspicion of a felony in Florida, you typically have the right to a first appearance before a judge within 48 hours. At this first appearance, the judge will determine if there is probable cause to believe that a crime has been committed and that you committed said crime…. Read More »

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Does the Smell of Marijuana Justify a Search of Your Car in Florida?

By Asilia Law Firm |

During a traffic stop, Florida law enforcement officers are always on the lookout for anything that might suggest the driver is guilty of something other than running a red light. Of course, the police cannot simply search your vehicle without consent or place you under arrest without probable cause. Probable cause, in turn, requires… Read More »

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Are Robbery, Burglary, and Theft Different Crimes in Florida?

By Asilia Law Firm |

Legal terminology is often confusing for people who do not work inside the criminal justice system everyday. For example, if you read that someone has been charged with “burglary,” you might ask, “Is that same thing as theft?” For that matter, is “robbery” the same thing as burglary or theft? Theft In reality, these… Read More »

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