FAQS

How Does The Prosecutor Conduct The Process Of Drug Crime In Miami?

Relevant courts under federal crimes are then made if the prosecutor handed the case to federal or under state and local laws to be sentenced own depending on the severity of the case.

Could The Sentences For Drug Crimes Be Reduced If The Defendant Admits Culpability Of The Crime?

The sentence could be reduced if the lawyer gets to negotiate with the prosecutor. The drug crime attorney will try to reach an agreement with the prosecutor and can be for example that if the person is charged with three drug offenses such as possession, trafficking and transporting drugs, can reduce the charge of the penalty only for drug possession, so the sentence would be much lower. This all depends on how experienced and qualified the criminal defense lawyer is to develop the case. It is important to have a good criminal defense lawyer to defend your rights from the beginning.

Is There Any Difference Between Probation And Freedom Under Testimony?

The sentence of freedom under testimony is given when the individual has been imprisoned and is given freedom for good behavior, but a police officer must be in charge of advising the individual outside the prison, while probation is applied to those defendants who are sentenced for the first time and charged with misdemeanors.

Is Alcohol Abuse A Crime?

Yes, because although alcohol is not considered an illegal drug can become a crime if consume in large quantities. With only driving under the influence of alcohol is considered illegal in Florida and might be getting a penalty called DUI, where the drivers license benefits are suspended and the defendant has a criminal record penalty.

What is Parole?

Parole is when a prisoner is released for a particular purpose and temporarily or permanently before the sentence is complete on good behavior.

What do the Grand Jury do in a Drug Case?

They review information on suspected criminal activity after listening to a variety of testimonies.

If I Intend to Plead Guilty, Do I Need a Lawyer?

Yes because advice from experienced counsels may allow you to avoid consequences you do not wish to face or some of which you're not aware of.

What are Controlled Substances "Schedules"?

"Schedules" are classes of drugs and its level of severity in consequences.

How Does Drug Court Vary with Criminal Court?

These crimes conducted in drug courts that combine drug treatment models with criminal justice to bring about civility in the community.

What are Common Legal Challenges with Drug Crimes?

It all depends on how the evidence is acquired and if the police violated the defendant's Fourth Amendment right. A Gallardo Law Firm drug crime lawyer can surely assist you with any challenges along the way.

What are Common Legal Challenges with Drug Crimes?

It all depends on how the evidence is acquired and if the police violated the defendant's Fourth Amendment right. A Gallardo Law Firm drug crime lawyer can surely assist you with any challenges along the way.

What Are My Rights After an Arrest?

You have the right to an attorney and the right to remain silent via the Miranda Warning.

What happens if you violate probation with a felony?

Your will be immediately revoked and you will be remanded to jail.

Is a Probation Violation a felony?

It depends whether you are on misdemeanor probation or felony probation.

What could happen if I have an emergency and need to travel out of state?

First of all, you need to provide the probation officer with details of the emergency and verification of the trip as soon as possible. Then, you must look for approval. If you are in good standing, the decision may be favorable for you before and after the fact.

What is a probation revocation hearing?

You attend a hearing when you are charged with a violation of process giving you the opportunity to be heard. You may represent yourself or be represented by an attorney. The District Attorney representing the State and the probation officer and any witness will present the case. The Defense attorney has the right to examine the evidences and present witnesses. After both parties preset their cases, the judge will decide whether there has been a probation violation or not. If the judge has found the defendant has violated probation then the sentence will be given.

What are the sentences for probation violation?

Violation of probation may lead to revocation of probation to prison. The judge may sentence the defendant to serve up to twelve months in the county jail, up to six months in the Probation Detention Center. In addition, the court may order the defendant to follow special conditions such as counseling programs and so forth.

What is known by Administrative Probation?

You have a probation officer assigned who you should contact and report any change in job status or place for living, and request permission to travel out of the state. You should follow all the instructions to report. In the event you fail to comply, your case will be returned to court for a violation hearing.

Is it Ok if I move out of state?

You need to transfer your supervision to the state you are moving. The officer will give you permission and explain requirements for the relocation of your probation supervision to the new state.

Is it important to tell the truth to my lawyer?

You should know that it is very important to tell the truth because lying can cause more harm than good. Discussions with your attorney are protected, the lawyer receives the largest and most valuable information through the client, this being a major source.

What is the difference between arrest and conviction?

An arrest is merely apprehension and taken into custody an individual by the police. It will never mean that you have been found guilty of any crime. The prosecutor will let you know later if you are guilty of a crime or not. If the prosecutor decides to impute a crime, the charges may be dismissed at the end. Anyway you may face charges, attend the trial and be released. So, we must be clear that one has been arrested, not convicted, and has not been found guilty of any crime. A conviction is when you already filed with the court and was found guilty of a crime regardless of the level of severity of this and then it will reflect a conviction on your record, no matter if you spend time in jail or not because there are other ways to pay fine sentences such as, voluntary serviceid and others.

Do I have any benefits if I give myself voluntarily?

If you come before the charges are filed you may be able to avoid extradition. This is something positive and works to benefit the client. Judges see this act favorably.

If the police arrest a family member, can I send a lawyer to represent him/her?

Yes, you can do it but remember that the right to a lawyer is personal to the defendant which means that the defendant must request the right to counsel.

Can I be checked by the police if I am arrested?

Yes, the police do not need a warrant to check it in case you are arrested.

Are you entitled to an attorney at any time during a police interrogation?

You have the constitutional right to an attorney at the time of police interrogation. Remember that everything you say can be used against you; you can say that you will not answer any question until a lawyer is present.

Are there different types of thefts?

Yes, some types include:

• shoplifting, credit card fraud, petty theft, grand theft, identity theft and carjacking among others.

How do you define petty theft and grand theft?

Petty theft is a serious offense generally considered a misdemeanor. Being Grand theft a much more severe offense of stealing things with a monetary high value, a minor felony can be considered.

Are White Collar defendants given the same treatment as defendants of violent crimes?

The courts want to treat both types of crimes equally; however, it is thought that white collar defendants do receive preferential treatment, especially when it comes to negotiating fees and terms of release pending sentencing. Keep in mind that although white collar crimes are serious, there is generally no physical violence involved. The main issue comes at the time of sentencing, involving questions such as where the defendant will be placed to complete the prison term. White collar criminals and other types of criminals such as those accused of rape, murder, and other violent crimes should not be placed together. The type of crime is also significant when deciding whether or not to give the defendant pretrial release. However, some crimes have been committed where large sums of money are involved and individuals implicated might have violated more than one law. In these cases, they will be judged more strictly than other White Collar cases. Even though many white collar crimes are not violent, keep in mind that there are no victimless crimes and someone from the general population is always negatively affected (mostly financially) with these violations of the law. In many cases of white collar crimes, a defendant's cooperation is essential to solving the case.

Does local law enforcement officials investigate White Collar Crimes?

Not usually. These White Collar Crimes are usually federal crimes and are investigated by federal agencies such as the U.S. Department of Treasury, FBI, IRS ,U.S. Postal serviceid, Securities and Exchange Commission and the U.S. Citizenship and Immigration. There will usually be an objective for investigating the alleged crime and some time will be spent collecting research and following the suspect in order to have sufficient evidence before presenting the case in court. Being the target of a White Collar Crime investigation can be very threatening. For this reason, there are regulating agencies at the state and federal level, which job is to analyze certain business areas when suspicion arises.

Can you get a job after being accused of a white collar crime?

You can, although it is especially difficult. Keep in mind that an indictment for a white collar crime generally involves fraud and dishonesty. Thus, when a prospective employer sees the criminal record of the person, they may be concerned that the person can commit a similar action in the future. Employers are required to report to their investors whenever a person convicted of a white collar crime is hired and generally investors are not willing to risk the company's reputation.