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Perhaps the country’s founding fathers did not mean to create a constitution that can be as polarizing as it is and yet, that is the case for a few of the amendments. One that always seems to get feathers riled up on either side of the aisle is the second amendment. It clearly states “the right of the people to keep and bear Arms, shall not be infringed.” However, this is not the case if you are a felon. It is illegal in Florida for convicted felons to possess firearms, unless the convicted felon has had his/her civil rights restored and firearm authority restored by the state’s Clemency Board or the gun qualifies as an antique firearm under Florida statute 790.001(1). However, a deciding factor in the severity of the punishment is if the firearm was actually possessed or constructively possessed. Actual possession of a firearm means the firearm was in the person’s hand or on them, in a container in the hand or on the person, or is so close that it is under the control of the person. Constructive possession means the firearm is placed somewhere the person has control over. Possession of a gun by a felon is considered a second-degree felony. Actual possession brings a three-year minimum mandatory sentence with it and the judge can impose a combination of up to 15 years in prison, up to 15 years of probation, or up to $10,000 in fines. Constructive possession of a firearm does not have a minimum mandatory sentence however a judge can still impose a combination of those three listed penalties. 

The consequences of a conviction, especially a felony, can have a wide range of negative effects on your life. Therefore, you need to contact a defense attorney immediately. Michael B. Cohen can help you fight a gun charge by thoroughly investigating your case.

One of the most frightening things to go through is being convicted of a federal crime, but even scarier is not picking the right post-conviction attorney to help you navigate through your case and fight for the best outcome.

When Googling post-conviction attorneys, you will get more than 58 million search results, making it very difficult to determine who is the right fit for your case, however, there are certain characteristics you should be looking for in your attorney to help you narrow the list down.

Appeal Experience

There are countless benefits to immigrants who marry a U.S. citizen. For that reason, it is no surprise that many seek to marry a citizen for the sole purpose of obtaining them. However, due to the potential for abuse of these special benefits, authorities apply a high level of scrutiny to immigrants and U.S. citizens who wish to marry. 

The three types of marriage frauds are:

  • A marriage where one or both of the parties know the marriage is a fraud.

There are different definitions and punishments for assault and aggravated assault. Both of these crimes involve intentional harm inflicted on one person by another. Even when a fight is mutually agreed on, it may still lead to an assault charge.

What is assault?

Assault is when someone intentionally makes another fear that they will be physically harmed. Even though the person may not end up physically injured, the definition recognizes that even just making someone fear that they will be is deserving of punishment. This also allows law enforcement to intervene before physical harm is done.

Finding yourself in the back of a cop car being charged with serious criminal charges might be the scariest thing that can happen to you, but even scarier is not knowing who will represent you in court. Of course, there will be a million things running through your head whether you’re innocent or not, however, involving a criminal defense attorney should be on the top of the to-do list.

Although hiring a criminal defense attorney might not be as inexpensive as one may hope, many fail to realize that this will save you thousands and thousands of dollars in the long run. And ultimately, it beats the price of going to prison. Additionally, having an experienced lawyer by your side to help you navigate through the issue and protect your constitutional liberties is priceless.

When to Hire a Criminal Defense Attorney

Grand juries are embedded into our constitution. Their purpose is to determine whether there is probable cause to believe that a federal felony was committed. A grand jury consists of 16-23 citizens from the community. If 12 of those jurors find there is probable cause, it is signed by the prosecutor which then becomes an indictment: a formal charge the government must prove at trial. 

However, there can be several reasons why you may have received a grand jury subpoena:

  • Target:

There is a common misconception that if you commit a crime, there are only two options: You’re acquitted or you face jail time. However, an experienced criminal lawyer will inform you of pre-trial diversion programs. Everybody makes mistakes and fortunately, the state of Florida recognizes that many deserve second chances. Some offenders with little to no criminal history, including certain felony offenders, may be eligible to enter a pre-trial intervention program. Once the program is completed, the court will drop your charges. The state attorney’s office is also able to grant access on a case-by-case basis so even if you are not a first-time offender, you may still be able to participate in the program.

In most situations, pre-trial diversion programs focus on non-violent offenses and usually a person is ineligible if they are charged with any offense involving violence.

In order to qualify, you must meet the following:

Being charged with a federal crime can be a scary thought, however, many don’t know that within three days of your arrest, you have the right to appear before a judge, or also known as, a federal detention hearing. A federal detention hearing allows you to let the judge know that you are no danger to the general public or a flight risk and they can choose to release you until your trial date.

Preparing for Detention Hearing

Before your federal detention hearing, a pre-trial services officer will conduct a full review of any of the details about you. For example, this can include your education, occupation, financial stability, how many family members you have, etc.

From the moment you awake in the morning to the second you lay your head down to go to bed, there will have been 550,000 shoplifting incidents in the U.S.

Although most think of shoplifting as one of the more “harmless” crimes, it is considered “retail theft” in the state of Florida. According to the Florida Senate, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

By Brian Bandell – Senior Reporter, South Florida Business Journal

December 23, 2020

Philip Esformes will be released from federal prison after President Donald

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