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Miami Criminal Defense Law Blog

What is money laundering?

As we’ve seen in the news recently, many pollical officials have been charged and sent to jail for money laundering. But what exactly is money laundering?

When laundering money, criminals are disguising money from an illegal source (like drug money) to make it seem like it came from a legal source (like business revenue). They hide the money because if it was detected that it had come from an illegal source, the money could be seized by officials and in turn, connect those individuals back to illegal activity.

Alternative sentences to prison

When a judge convicts you of a crime, that does not always mean that you are headed straight to jail or prison to serve your sentence. There are alternative sentences to incarceration, depending on your situation.

Drug crimes are not uncommon, so do not fear that you are alone in your circumstance. There were over 1.5 million arrests for drug violations in the United States in 2016. If you are facing conviction of a drug crime, these are the alternatives to serving prison or jail time.

Florida's medical marijuana program

During 2018, Florida residents who met the qualifications were able to receive certifications to buy and use marijuana for medicinal purposes. The Tampa Bay Times indicates that a report issued by the Physician Certification Pattern Review Panel shows that 1,070 doctors statewide provided certifications to more than 136,000 patients between January and September of this year. Post-traumatic stress disorder was the condition for which over 41,000 of those certifications were received. More than 17,000 patients with cancer were certified to use medical marijuana.

Some people are concerned about the number of patients with PTSD who have been allowed to use pot for medical reasons, citing a fear that the system might be being abused. However, according to the Florida Department of Health, PTSD is one of the named conditions that may qualify a patient to use medical pot

Factors reviewed for protective orders

If you have been accused of domestic violence by your spouse or significant other in Florida and you believe that person might be seeking legal action against you, it will be important for you to learn about the process involved in their attempts to get a restraining order or otherwise keep you away from them or your children.

As explained by the Florida Statutes, the courts may issue what they call a protective order after reviewing an application made by an alleged victim of domestic violence or abuse. There are multiple factors that will be taken into consideration before such an application is approved and an official order is enacted. One of these factors is whether or not you have damaged any of your partner's personal property. This might even include damage that happens after an item is thrown in anger. Injury or death to a pet may be a consideration here.

Drugged driving hard to prove

If you are like many residents in Florida, you might frequently hear other people talk very disparagingly about drunk or drugged drivers. The comments are often based on stereotypes that assume such people are so intoxicated or high that they can barely function. The reality of the matter is that a person might be charged with a driving under the influence offense even when they are quite functional. Many responsible people find themselves in this situation.

As reported by ABC Action News, proving that a driver was legally intoxicated is often done by using objective test data that measures the person's blood alcohol content. Even if a driver's BAC is over the legal limit, there are still factors that may preclude a conviction in the case.

What is drug trafficking under Florida law?

If you are like a lot of people in Florida, you might not fully understand what the term "drug trafficking" could refer to. Some people may assume that trafficking is simply another word for selling a drug. However, the legal definition of trafficking includes more than just the alleged sale of a substance. 

When it comes to allegations of trafficking cannabis, the Florida Statutes explain that various actions may lead to this type of charge. These actions include not only selling the drug but also manufacturing it, delivering it, importing it into Florida from another location, buying it or even possessing some of the drug. Another element of the action to meet the legal definition is that the person must have knowing engaged in whatever act they are accused of.

Defenses against your drug charges

Florida law takes drug possession charges seriously and if you’re caught with a controlled substance, you could be facing serious consequences. Among other things, if you’re convicted of drug possession, you may be facing jail time, large fines, probation and the loss of your driving privileges. A drug conviction could also damage your personal and professional reputations and endanger your livelihood.

Not all drug charges end up with a conviction. The state must prove beyond a reasonable doubt certain sufficient evidence exists and if they can’t, the case could be dismissed. An attorney will help you argue the circumstances of your arrest possibly resulting in a reduction or elimination of your charges.

Amendment on voting rights for convicted felons passes in Florida

Florida voters made a decision this Tuesday that will have big impacts on individuals convicted of felonies, such as felony drug possession, in the state. They opted to pass Amendment 4. This amendment changes state law regarding convicted felons and the right to vote.

Previously, Florida had been among the few states in which convicted felons generally permanently lost their voting rights. There was a process for seeking to get such rights restored, but there were many challenges individuals faced in connection to this process.

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Quesada Law Firm
1200 Brickell Ave
Suite 1950
Miami, FL 33131

Phone: 305-330-1833
Fax: 1-305-397-1318
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