Criminal Defense Frequently Asked Questions

161 FAQs where found , 30 in this page

What happens when a green card holder is arrested?

When someone who is not a US citizen is arrested, this represents a criminal and immigration problem. The consequences of this conduct should be considered by your criminal defense lawyer when you work with your immigration lawyer. How the criminal case is resolved will determine if you are allowed to remain in United States. This is why you need an experienced criminal defense attorney to handle your case. Learn More

Whats the difference between parole and probation?

Parole no longer exists in the federal system and Florida State System. Parole is the period after the served time. Probation is generally what happens when the individual is able to avoid the serving period and he or she is sentenced to a period of probation or supervised release. Learn More

Whats the difference between a felony and misdemeanor?

Some individuals may be confused about these. All you need to know is the definition. When its punishable by a year or less, its a misdemeanor. When its punishable by over a year, in custody and as a possible sentence, its a felony. Learn More

When are you under arrest?

You are under arrest when the police restrain your freedom. This may trigger you constitutional rights of protections. All the facts and details such as the timing and confrontation with the police or federal law enforcement agency are important and they must be discussed with your criminal defense attorney at a firm such as Gallardo Law Firm. Learn More

Whats the difference between DWI and DUI?

There is no difference between them. This is just the way they are called. Some states use Driving Under the Influence while others call it Driving While Under the Influence. DUI is a very serious misdemeanor so its important you have an experienced DUI attorney handling your case. Learn More

How can I know when Im being investigated for federal charges?

In some cases, the individual will either receive a letter and in some unfortunate circumstances, the person will learn because there is an agent knocking on the door. Its very important you contact your lawyer immediately. Learn More

Are controlled subtances illegal? Can you give me some examples?

A controlled substance is any substance considered to be illegal to possess. Some of these substances can be medications prescribed by your physician. Its not illegal for you to have these as a patient. Other substances like for example cocaine, heroin, ecstasy, etc. are inherently illegal. Learn More

Is a drug crime considered a federal offense?

Every specific case affects charges differently. Drug crimes are generally charged as federal offenses when the offender has been involved in a crime with large amounts of an illegal substance or have been transporting drugs over the states or national borders. Learn More

When should I hire a criminal lawyer?

From the moment you are aware you have become involved in any type of criminal allegations, even if formal charges have not been filed. A legal professional representing your interest is very important, he or she will investigate the charges brought against you and advocate in your behalf. Learn More

Can a person convicted of a sex crime work with children?

This depends on the crime which the person has been convicted for. Sex crimes involving children may be punishable for life in prison. Repercussions for federal sex crime offenders are very severe. The best thing to do is to hire a competent legal professional to get counseling and answers to your questions. Learn More

What are some of the major crimes and minor crimes?

Within the crimes considered by the federal court system as misdemeanors we can mention assault and sexual abuse if they do not cause severe damages. The possession of small amounts of drugs, for example, a small amount of marijuana is also considered a misdemeanor. Violating traffic laws while no major consequences occur such as injuries and destruction of the traffic property is also consider a misdemeanor. The federal crimes considered felonies are determined by groups, i.e.: Government Operations: Attacking federal members or public employees, stealing the government properties, and forgery. Illegal trade between states: Retention of American aircraft and transportation of stolen property. Counterfeiting and theft of credit cards. Legal proceedings: Obstruct the judicial laws, deny or falsify information to the feds. Violent crimes: People arresting, robberies, possession of illegal weapons, carjacking. Crimes against children and women: Harassment against women, not complying with child support, and sexual abuse. Trafficking illegal drugs through the airport and the port of Miami Florida. Learn More

Is tax fraud a felony?

Yes. It is punishable by up to $250,000 in fines and some years in federal prison. If this is your case, do not wait to hire a crime attorney to work and fight to protect your interest. Learn More

Do victims of federal crimes have the rights to be reimbursed?

Yes, victims of crime have much right to be reimbursed. The FBI recognizes that people who were victims of federal crimes are fully entitled to receive adequate protection and include: Get adequate cooperation from the person who committed the crime. Inform them of the defendants sentence or otherwise the release. Victims sometimes are allowed to attend the trials of the offending. The compensation of all damages caused in accordance with law and in a specific period of time. Victims deserve to be treated with courtesy and decency. Learn More

What is Criminal Assault?

Criminal Assault refers to the intentional creation of a reasonable fear of imminent physical harm. This definition seems complicated; but it just means that the accused had the intention of making the victim feel that his/her life is in danger or will be physically hurt. For instance, a defendant pointing a knife at the victim in a way that made the person believe that they can hurt at any time. However, it must be an urgent danger, something that is happening in this instant not later in the future. Learn More

Do I need a Miami criminal defense lawyer for an assault case?

Although a defendant is entitled to an attorney appointed by the state, it is always recommended that you hire your own lawyer; as having a lawyer appointed by the state could create conflicts of interest at the time of defending the case. If you are facing criminal charges, you may want to hire a criminal defense attorney in your area to help with your case. Your attorney will be able to provide personalized legal advice for your particular case. Learn More

How is assault defined?

Assault is a common crime seen throughout the United States every day. An assault can be classified as aggravated or simple assault, depending on which state the crime is committed. The way assault is defined will depend on the specific state laws where the crime occurs. An individual can be charged with aggravated assault even in cases where no one is physically hurt. Learn More

Is aggression and assault the same?

Traditionally, if there was physical contact between the victim and the aggressor, the crime is classified as an aggression. However, if the victim has not been touched only threatened by the defendant, it is classified as an assault. Many states have completely abolished the technical distinctions between what constitutes an aggression or assault and now any type of action is classified as an assault. Learn More

What are some defenses for an assault charge?

Commonly used defenses include: defense or another individual, lack of intention such as claiming it was an accident, and self defense. Other defenses, which are not as viable, include saying it was joke, due to alcohol intoxication, and so on. However, every case is unique and all options should be discussed with an experienced criminal defense attorney in your area. Learn More

How can self-defense be used in a criminal assault case?

Self-defense is typically used to solve cases of violent crimes, including assault. When self-defense is used, the defendant is thereby admitting that he/she did perform a certain physical act related to the charges; but at the same time claiming that the aggression is justified by the alleged threatening or aggressive behavior of the other person involved. In most cases, the central question is: Who is the aggressor Was the defendant unreasonable in thinking that it was necessary to use force in order to avoid a danger? Learn More

What are the consequences of an assault conviction?

An assault conviction can stay on your criminal record for life. You may be sentenced to time in jail, given fines, or both. You may also get probation for some time and come form of training or class in anger management may be required from you. You can even lose your right to own a firearm, and much more. Learn More

How is a misdemeanor charge different from a felony charge?

Felonies are generally punishable with more than one year in prison. Misdemeanors are generally punished with less than one year in prison, a fine or other penalty. Some crimes can be characterized either one, depending on how it was committed. Also, keep in mind that the key difference between both charges is not the sentence imposed, but the maximum sentence allowed. Learn More

Does sexual generally involve the use of a weapon?

No. Most sexual assaults are committed without using any kind of weapon. Very few are committed using a firearm since most sexual assaults are committed by someone we know, not a stranger. Learn More

What can happen if I am driving with a suspended license Florida?

If you are caught driving with a suspended license in Miami you will be subject to a maximum of 60 days in prison and a $500 fine; depending on how serious the violation was. The first two times this happens it is classified as a misdemeanor; however, the third time and after it is classified as a felony and the punishment is harsher (up to 5 years in prison and up to $5000 in fines) Learn More

How long does a drivers license suspension last?

Once an individual has had 3 or more convictions within 5 years, he/she is considered a habitual offender and will lose their license for 5 years. Learn More

How can I get a restricted license?

The state of Florida offers a conditional license, also known as hardship license. This type of license will allow you to drive to work and run necessary errands during the allowed time of the day. There are several steps to get this kind of license. You will need to petition the court in Florida for this license and complete any requirements set by the court, including driving courses, DUI classes, and so on. Learn More

I've received a letter from Tallahassee; what do I do?

Most likely if you receive a letter from Tallahassee it will contain information explaining how to resolve your suspension or letting you know that your license will be suspended on a given date. In some cases, if you had an accident you might get a letter saying that you must take a traffic collision course. You should follow any directions provided in the letter in addition to contacting a good traffic lawyer to ensure you regain your driving privileges as soon as possible. Learn More

Where can I reinstate my driver license?

If you had a license suspension due to non-compliance with a traffic citation in Miami, once you have complied with the citation you may visit any Florida Department of Highway Safety and Motor Vehicle Miami Dade County's Clerk Office locations to get it reinstated. If you have any questions regarding your case you can contact our attorneys at Gallardo Law Firm and they will assist you. Learn More

Where can I request a hardship driver license?

To request a hardship license you can go personally to the Florida Department of Highway Safety & Motor Vehicles to obtain more information and you should also contact an attorney to assist you in requesting it. Here at Gallardo we have experience obtaining this type of license for our clients. Learn More

Are the police legally allowed to search my car?

A number of conditions have to be met in order for them to do so. A valid reason or your permission is needed; however, cars dont have as many protections against search as, for example, a home. A good example of this is when the police stop you for a routine traffic offense and the officer asks your permission to search in your car. You dont have to consent and clearly but respectfully tell them so. When you give them permission, the results of the search can be used in court. Nevertheless, if you are asked to step out of the car, you and the passengers need to do so. Learn More

Does federal law prohibit distracted driving?

Using cell phones while driving is forbidden by federal law and this is valid for all commercial drivers. However, in Florida the texting law is considered a secondary law, which means you can only be issued a ticket if there is some other violation with it such as running a red light while texting, etc. This violation is punished as a non-moving violation yet the driver will be penalized six points if a crash occurs. Learn More