Criminal Defense FAQs page 5

161 FAQs where found , 30 in this page

What is kidnapping?

It means using force to take and confine someone against their will, which is a crime punishable in Florida by life sentence. These charges are aggressively pursued by law enforcement officials in the state as this is not a charge to be taken slightly. Individuals wrongly accused of this crime should find an experienced attorney to represent them. Learn More

What are the types of sexual harassment in the workplace?

There are two of them: Quid pro quo sexual harassment: where the employee is required to yield to the sexual demands otherwise he or she will lose his/her job. Hostile environment sexual harassment: this means being harassed by an employee because of his or her gender to the point where the atmosphere at work becomes a bit hostile. Learn More

Who is protected from sexual harassment in the workplace?

Under state and federal laws both male and female employees are fully protected against sexual harassment at work whether at a small or big company. Although under federal law both same sex and opposite sex harassment are prohibited, not all states have laws that defend same sex harassment. Learn More

Is there any difference between intimidation and threat?

Intimidation and threats mean the same thing; sometimes threats can be mild or imagined, but become intimidation when they turn into serious and produce terror in the victims to be injured. Learn More

Why was I charged with aggravated assault instead of simply assault?

The difference between the offenses is based on the severity of the injury. The aggravated assault requires that the suspect caused or intended to cause severe injury in the body, and the simple assault only demands proof that the suspect caused or intended to cause bodily injury. Learn More

How to place a restraining order sentence to a person who has been charged with simple assault in Miami Dade County?

To obtain a restraining order, you need to present to the court the simple assault case. The victim should go with the completed form to the court in Miami. Customers may need a restraining order lawyer for your court appearance. However, in a temporary restraining order, plaintiffs may not need lawyers to restraining orders. Gallardo Lawyers specialize in all these formalities, they will ask the judge through the Protection Act, a restraining order to protect customers from attacks. Learn More

How long do restraining orders in cases of persons charged with simple assault in Miami last?

Orders usually last more than three weeks. The order is declared valid upon the defendant notice of the order contained. When the defendant appears at the hearing, the judge will decide the period of time that the restraining order will be granted. Orders can take up to 5 years depending on the damage that occurred with aggression. Learn More

What is the third-degree assault?

An assault is considered a third degree when a person assaults another purposely using a deadly weapon and causes physical damage that could lead to death. Learn More

What is the definition of physical assault?

The physical assault is considered when a person physically assaults another and causes injury and can even cause death. Learn More

What is the federal definition of assault?

There is no federal law that defines the assaults because these usually are sentenced in state court, even when the assault occurs against a federal official the penalty for assault might be different and can be accused of an attempted aggravated assault. Learn More

What constitutes assault in the workplace?

The assault in the workplace is violence that causes one person to another either physical or verbal within the place of work which may be temporary or permanent. These assaults at work can be directed either to customers, strangers, between workers and a boss to the employee. Learn More

I am allowed to possess a firearm in the city where I reside outside the state of Florida. I am going to Miami on vacation soon. Will I be able to take the gun with me?

To legally carry guns in Florida an individual needs to primarily be a permanent resident of the state. Visitors should carry the weapon at all times and that can be considered a danger to the community, but if you bring a city permit from the city you reside or get a temporary permit in Miami that lets you keep the gun. Learn More

How do I buy a weapon in Miami?

First, you choose a firearm at a license gun dealer. Then, you fill out the BATF form 4473 given to you by the dealer to check your background. You are requires to provide a valid form of identification. The dealer contact your information and determine your eligibility to purchase a firearm. Learn More

Can I be deported if I am charged with illegal possession of weapons?

For those who commit serious crimes can be deported even if they are legal residents of the country. The truth is that the legal resident can be deported from the United States if he/she commits a felony. Illegal possession of weapons may also be considered a serious offense and lead to a deportation. If this is the case it is very important to get legal representation not only for illegal possession of firearms, but also to the change in immigration status that might appear. Learn More

Could illegal possession of firearms be considered a federal crime?

Illegal possession of firearms is considered a federal crime and especially if it is used in crimes affecting the national security. Learn More

How do I get a copy of my criminal record?

It may be obtained from FDLE (Florida Department of Law Enforcement) for specific fee using the online site criminal history search, by mail or by visiting your city police department. Learn More

If I have a firearm Permit, do I still need a background check to purchase a firearm?

The answer is yes; under federal law a firearm authorization be issued by any state does not excused you. Learn More

Are there any requirements to buy a handgun in Florida State?

There are several requirements to buy a handgun in the state of Florida.They include: Individuals must be 21 years of age or older. Background check. Mandatory three days waiting period if the individual does not carry a valid concealed weapon permit. Learn More

If my weapon was lost, how do I find it?

Unfortunately, the only way you will find out is visiting the dealer where you did the purchase; if the dealer doesnt exist ever, you need to contact the National Tracing Center though they only keeps records of firearms purchased from federally licensed gun dealers. Learn More

What should I take into account when choosing a criminal defense lawyer?

When choosing a lawyer you must take into account some characteristics of a criminal defense attorney: Originality, professionalism and conduct. Level of experience and a history of criminal cases. Reliability and speed of work for your call. Honesty.   Learn More

What types of assets can be seized?

The government can seize vehicles, houses, funds in bank accounts, cash, boats and/or an entire business or company which have been obtained from illegal sources. Drugs and weapons are very known assets seized by the government. Learn More

What will happen after the property and other assets have been seized?

It is taken by the government, is stored as evidence in a criminal case, and a report indicating the identity of the owner of the property, estimated value and a description of the asset. Learn More

What law enforcement agencies are involved in these processes of confiscation?

State, and federal police, as well as municipal commonly conduct all seizure and forfeiture actions. Moreover, most federal agencies, such as the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the Internal Revenue serviceid (IRS) also perform these procedures. Learn More

Can you fight against the confiscation?

Yes, the law allows the defendant whose property was seized to challenge this conviction, specifically states that there are some goods that are not subject to forfeiture. Additionally, many situations have arisen that the owner has no connection with the alleged crime. This person could not have been present at the time that the crime took place, or even have any idea or knowledge, that is, lending a car to a person who committed a violation of law. The so-called innocent the property owner has the legal right to challenge the confiscation of their property. Learn More

Is it allowed just to take my assets if law enforcement thinks I committed a crime?

No, there should be a judicial process first. Law enforcement needs a search warrant, consent or a seizure order. There are specific procedures the government must follow to seize the property. The government has to show that the assets were obtained through criminal activity, then, the court will allow the seizure. Furthermore, the government has to prove in a civil or criminal proceeding that the goods were the result of a criminal activity or were used to facilitate the crime. Learn More

How many types of Asset Forfeiture are there?

There are essentially two kinds of asset forfeiture that a criminal defense lawyer will come across. They include: Criminal Asset Forfeiture Civil Asset Forfeiture Learn More

How can an attorney help me have my property back?

The first thing an asset forfeiture attorney will do for you is to find out which government agency took the property. Depending on which type of asset forfeiture you are dealing with, the attorney will choose which laws and jurisdiction relates to your case. Then, in order to study who is on the other side, the asset forfeiture attorney will find out about the agency involved in your case. Learn More

What happens if you are convicted of the offense of having alcoholic beverages in areas of schools?

The school area is a special area so that people who are in this area with alcohol may prosecute a penalty of six months in prison and pay a fine of $ 1000 minimum. Learn More

What if my child is under age 21 and accused of driving under the influence of alcohol?

All children under 21 who are accused of driving under influence of drugs or alcohol may be subject to a judgment from $ 500 to $ 2,500 fine. They could be sentenced to a year of imprisonment and revocation of driver's license. These people may be subject to be sentenced under the same conditions of seniors. Learn More

What happens to minors who use fake identification and are arrested for drunk driving?

For those people who try to buy alcohol or driving under the influence of drugs using false identification testifying adulthood may be sentenced to pay a $ 500 fine and/or perform community serviceid. Also they can complete 12 months in prison and the driver's license may be suspended for at least 6 months and no more than one year. Learn More