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Tag Archives: Miami Criminal Defense Lawyer

CrimLaw9

Florida Supreme Court Rejected Challenge to Ex-Florida A&M Band Member’s Manslaughter, Hazing Convictions

By Julia Kefalinos |

Manslaughter is a state crime defined as the “killing of a human being … without lawful justification,” under circumstances that do not otherwise qualify as murder or justifiable homicide. In simple terms, manslaughter is an unlawful killing that is not premeditated. So even in cases where a defendant is simply negligent or reckless, they… Read More »

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CellPhone

Can the Police Force You to Unlock Your Smartphone?

By Julia Kefalinos |

These days, most of us keep our entire lives on our smartphones. But this also means our phones present a tempting target for law enforcement officers conducting criminal investigations. In recent years, a number of courts have had to confront the issue of whether or not the government can force a person to provide… Read More »

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DomesViol

Can I Lose My Right to Own a Firearm Over a Misdemeanor Domestic Violence Charge?

By Julia Kefalinos |

If you are charged with domestic violence, you might think pleading guilty to a misdemeanor will make things easier for you. But in many cases just the opposite is true. Even a misdemeanor conviction can affect your civil rights in critical ways–and possibly lead to additional criminal charges down the line. Judge: “Civil Rights… Read More »

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Advocate

Can a Judge Revoke My Probation for a Domestic Violence Allegation Even if the Accuser Recants?

By Julia Kefalinos |

A domestic violence charge can wreak havoc with your life, especially if you are currently on probation for a prior criminal conviction. Judges can–and will–revoke probation if there is evidence to support a domestic violence allegation. And unlike a normal criminal trial where the government must prove guilt “beyond a reasonable doubt,” in a… Read More »

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Interrog

Florida Court Tosses Murder Conviction Over Lack of Miranda Warning

By Julia Kefalinos |

You probably know about the “Miranda warning.” Even if you don’t remember it from school, if you have ever seen a TV cop show, you understand that the police are not supposed to interrogate a criminal suspect until he or is she is advised of their rights to remain silent and have the assistance… Read More »

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LadyJustice2

Fighting the Police Will Not Get You Out of a Domestic Violence Charge

By Julia Kefalinos |

Domestic violence situations often escalate quickly. If you find the police at your door because they suspect you have harmed a family member or loved one, the most critical thing to remember is to remain calm. While you have a constitutional right to remain silent and not answer the police’s questions, under no circumstances… Read More »

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Defense4

Can a Court Issue a Domestic Violence Order Based on Something That Happened Four Years Ago?

By Julia Kefalinos |

A domestic violence injunction can seriously affect a person’s constitutional and other civil rights. Florida’s domestic violence law is broadly written to afford a maximum relief from an abusive spouse or intimate partner. But in their zeal to protect apparent victims, some judges are too quick to issue an injunction without properly considering the… Read More »

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DUI5

What Happens When Video Evidence Contradicts an Officer’s Testimony in a DUI Case?

By Julia Kefalinos |

Many Florida police departments are now equipping their officers with body cameras. These devices record encounters between police and individuals, such as during a traffic stop where the officer suspects a DUI. In addition to promoting police accountability, evidence obtained from cameras can be useful in corroborating or disproving an officer’s testimony in court…. Read More »

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Can the Police Enter My Home If I’m Accused of Domestic Violence?

By Julia Kefalinos |

If you are accused of domestic violence or under suspicion for any other state crime, how you deal with the police is critical. Remember, you have a constitutional right not to speak or be compelled to incriminate yourself. The police may also not conduct an “unreasonable” search of your home, car, or other property… Read More »

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Can “Uncivil” Text Messages Justify a Domestic Violence Injunction?

By Julia Kefalinos |

A domestic violence injunction is supposed to protect someone from the threat of imminent harm. It is not a weapon to be wielded because there was a disagreement or someone made a rash statement. A person may be falsely accused of domestic violence based solely on the accuser’s subjective belief that he or she… Read More »

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