Crime Information | Fort Lauderdale Federal Criminal Defense Attorney

Miami Criminal Lawyer David J. Joffe

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FEDERAL CRIMES

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Driving Under the Influence (DUI/DWI)

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What should I do if I'm stopped by the police?

Remain quiet, polite, and cooperative, answer basic questions about your identity (name, phone number, address, etc.), and produce such documents as license and registration when asked. Beyond that, keep your mouth shut. Do not get belligerent and "demand" a lawyer, but do feel comfortable with your right to say, "I would like to talk to my attorney."

What should I do if I'm arrested by the police?

Never, ever try to run or resist arrest in any way. That course of action will almost certainly makes things worse for you.

Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:

- You have the right to remain silent.
- Anything you say may be used against you.
- You have a right to have a lawyer present while you are questioned.
- If you cannot afford a lawyer, one will be appointed for you.

These are your "Miranda" rights that were enumerated by the US Supreme Court in Miranda v. Arizona. If you are not given these warnings before the police interview you (contrary to popular belief, the police don't have to "Mirandize" you upon arrest), your lawyer can ask that any statements you made to the police not to be used against you in court. However, this does not necessarily mean that your case will be dismissed as the police may have gathered other evidence that is still admissible in court. Also, this does not apply if you volunteer information without being questioned by the police.

It is a common and understandable desire to try to explain your side of things to the police officer in hopes that he or she will let you go. But it just does not work in 999 out of a thousand cases, because the officer is more likely to leave that decision to the prosecuting attorney. So, for example, it will not help you to say "Officer, I only had one drink." All you are doing is providing evidence for your future prosecution by admitting that you have consumed alcohol (even if you are telling the truth about the one drink, it is still possible to be convicted of driving under the influence after consuming only one drink). So, when the officer starts asking questions not related to your identity, simply state that you would prefer to talk to your attorney.

Can a law enforcement officer detain you without arresting you?

Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location.

If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this “frisk” results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found unless they place you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.

The officer may ask you some questions in order to complete the field interrogation card. You have a constitutional right to not answer them, or give your name, unless the officer has an articulable suspicion that you are involved in a crime.

At the conclusion of this temporary detention the officer must either arrest you or let you go.

If you should enter a retail establishment where goods are placed on display and for sale, the merchant or employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer’s presence.

What is an Arrest Warrant?

An arrest warrant is a written order by a judge but can also be issued by one of the chambers of the United States Congress or other legislatures (via the call of the house motion) and other political entities commanding the police to arrest the person named in the warrant and the alleged crime that has been committed by the person named in the warrant.

If you are arrested pursuant to a warrant, the police must tell you that they are acting under authority of the warrant and show the warrant to you at the time of the arrest or promptly thereafter.

Police officers seeking to arrest you in your home must reveal their purpose and authority, unless they believe that with notification you will attempt to escape, destroy evidence or cause them harm.

Can I be Arrested Without a Warrant?

You can be arrested without a warrant if the police have reason to believe that you have committed or are about to commit: (1) a felony whether or not in their presence; (2) a misdemeanor in their presence; (3) a misdemeanor not in their presence if they have reason to believe you may escape, cause injury to persons or property, or destroy evidence unless immediately arrested. Without your consent or special circumstances, you cannot be arrested in your home without a warrant.

You can also be arrested without a warrant for traffic violations, including: driving or attempting to drive while intoxicated or under the influence of alcohol or drugs; failing to stop or give information in the event of an accident causing death, bodily injury or property damage; driving or attempting to drive on a suspended or revoked license; fleeing or attempting to elude police officers; when the police reasonably believe you will disregard a traffic citation; or if an officer knows that a warrant for your arrest has been issued and is still in effect even though the warrant may be held by another police officer.

Can an officer use force when making an arrest?

A police officer may use as much force as is necessary to overcome resistance in making a lawful arrest. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.

Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.

Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor.

The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.

If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time. Can my property be searched without a warrant?

An officer may conduct a search with “reasonable” cause. According to Florida Law, the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.

What is Criminal Law?

Criminal Law is mostly concerned with the act and mental state, together with what attendant circumstances or consequences, are necessary ingredients of various crimes. Criminal procedure is concerned with the legal steps through which a criminal proceeding passes, from the initial investigation of a crime through the termination of punishment. Besides criminal law and procedure, the administration of criminal justice includes such matters as police organization and administration (how most effectively to detect and apprehend criminals), prison administration and administration of probation and parole.

What is a Crime?

A crime is any act that violates the law. The definition of the prohibited act (or the failure to act in a manner that has been mandated) is set forth in writing by local, state and federal governments (in the form of a published statute). However, vestiges of common law crimes exist (common law crimes are defined by the customs of the unwritten law of England and the American colonies prior to the American revolution). Some states, such as California, have a statute stating that common law crimes do not exist; all crimes must be in writing set forth by statute.

Not all violations of law forbidding or commanding an act are crimes. To be a crime there must be a defined punishment. If the law does not set forth the particulars of the punishment for the described act or omission, then it is not a crime (unless the state has enacted a "savings clause" which sets forth punishment for violation of law in the absence of a specific defined punishment for the particular act or omission).

What are the different types of crimes?

While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as "offences" or as "infractions".

Federal Criminal Defense Attorney, David J. Joffe focuses on Federal criminal defense cases in the following areas:

FEDERAL CRIMES

FRAUD OFFENSES

DRUG CRIMES

FELONY CRIMES

MISDEMEANOR CRIMES

DRIVING OFFENSES

Driving Under the Influence (DUI/DWI)

What are the Characteristics of Criminal Law?

Criminal Law – Basic Premises

The substantive law of crimes consists primarily of (1) the definitions of the various specific crimes, from murder down to such minor offenses as speeding, (2) some broader general principals of the substantive criminal law applicable to more than a single crime and so not made a part of the definitions of specific crimes, as just noted above, and also (3) some even broader propositions of law, the basic premises which underlie the whole of the Anglo-American substantive criminal law.

The first of these basic premises concerns the requirement of an act; generally it may be said that conduct, to be criminal, must consist of something more than a bad state of mind.

Another basic premise is that conduct, to be criminal, must consist of something more than mere action (or non-action where there is a legal duty to act); some sort of bad state of mind is required as well.

The third basic premise is that the physical conduct and mental state must concur. Generally, it may be said that the defendant’s mental state must concur with his act or omission, in the sense that the former actuates the latter.

A forth basic premise concerns harm; only harmful conduct should be made criminal. It is reflected in the substantive due process notion that a criminal statute is unconstitutional if it bears no reasonable relation to injury to the public.

Yet another basic premise is that as to those crimes which require not only some forbidden conduct but also some particular result of that conduct, the conduct must be the “legal cause” (often called “proximate cause”) of the result.

The sixth basic premise is that the person who has engaged in criminal conduct may only be subjected to the legally prescribed punishment.

The final basic premise of the criminal law is that conduct is not criminal unless forbidden by law which gives advance warning that such conduct is criminal.

INSTANT MESSAGE

Joffe & Joffe, PA
Miami Criminal Attorney

MIAMI
305-579-0048
FORT LAUDERDALE
954-723-0007
PALM BEACH
561-659-1991
NAPLES
239-263-6161
TAMPA
813-251-8300

Representative case results include:

Latest Verdict: Trial attorney David Joffe is granted an acquittal for his client who was facing a mandatory life sentence if convicted in a federal drug importation case

As a result of masterful cross examination of six (6) key witnesses at trial, Mr. Joffe’s motion was granted to acquit his client of all charges in a federal drug importation case. The case involved 26 kilograms of cocaine and 5 kilograms of heroin. The Judge, a former prosecutor has not granted such a request in more than twenty (20) years of service on the bench. Mr. Joffe received positive written comments from more than twenty (20) peer attorneys.

David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year mandatory jail sentence.

Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.

State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.

Male Charged with Mortgage Fraud Gets No Prison Time

Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!

20 year old female Gets Reduced Sentence for Drug Charge

Charges Dismissed on Battery of a Law Enforcement Officer

Ex-banker not charged with theft of goods through interstate commerce

Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine

Miami lawyer Joffe is an AV® Peer Review Rated criminal defense attorney who represents clients in federal and state criminal matters across the State of Florida.