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When a defendant has been convicted and has exhausted all direct appeals, all hope may seem lost. However, legal remedies still exist, especially if the law has changed after the conviction or if the defendant’s trial or appellate attorney provided ineffective assistance. In such cases, post-conviction relief may be available.

What Is Post-Conviction Relief?

Post-conviction relief (also known as collateral relief) provides defendants an opportunity to challenge their conviction or sentence based on factors not raised during the original trial or direct appeal. These challenges are typically based on:

Taking the stand in your defense during a trial is a decision fraught with significant implications. On the surface, it may seem like an excellent opportunity to directly present your side of the story, assert your innocence, and potentially sway the jury in your favor. However, the decision to testify is complex and should be made with careful consideration of the potential risks and benefits.

Advantages of Testifying:

Personal Narrative: Taking the stand allows you to tell your story in your own words, providing the jury with a human face and emotional context that can be compelling. Your testimony can help explain any misunderstandings or ambiguities in the prosecution’s case.

Facing criminal charges is a daunting experience, and credit card fraud is no exception. In the state of Florida, being charged with credit card fraud triggers a complex legal process. Understanding the implications and potential consequences is crucial for protecting your rights and freedom.

The Legal Landscape:

Credit card fraud in Florida is a serious offense, encompassing various activities such as unauthorized card use, identity theft, and creating counterfeit cards. If charged, the legal journey typically begins with an arrest, followed by formal charges filed by the state. The severity of the charges depends on factors like the amount of money involved, the number of victims, and prior criminal history.

In June 2023, Mr. Cohen found himself in the midst of a high-stakes legal battle, defending his client, Dwight Lynch, against charges of Aggravated Battery with a firearm. This first-degree felony in Florida carries a daunting minimum mandatory 25-year sentence, putting Lynch’s freedom in jeopardy.

The case, State v Dwight Lynch, unfolded over four intense days in the courtroom. The heart of the matter revolved around the serious charge of Aggravated Battery, a crime that alleges intentional harm with a firearm. As the trial progressed, the stakes became increasingly clear – a guilty verdict would mean a lengthy prison sentence for Lynch.

One pivotal moment in the trial was Mr. Cohen’s cross-examination of the state’s crime scene investigator. Through a strategic line of questioning, Cohen demonstrated that the trajectory of the projectile, the centerpiece of the prosecution’s case, did not align with an intentional act of violence. This revelation lent substantial weight to the defense’s argument that Lynch had not intentionally shot the alleged victim.

Can a defendant receive a bond in a narcotics case and eventually receive a sentence well below his or her sentencing guideline range?

In United States v. Butler, Case number 21-CR-60085-RS-1, Mr. Cohen accomplished just that result.

Michael B. Cohen, Esq., has extensive experience in the field of federal criminal defense. If you are seeking a federal criminal defense attorney with the knowledge and expertise to assist you when facing federal charges, look no further than our law firm.

Florida is the third-leading state in the nation when it comes to the crime of identity theft. According to The Federal Trade Commission, Florida had 524 cases of identity theft committed in 2023, trailing only Maryland (534 cases) and Louisiana (574 cases) as the most prolific states for the commission of this crime.

If you need an attorney who is a specialist in the area of Federal Criminal Defense concerning this area of charged conduct, Michael B. Cohen is the expert you need to handle these matters. This reason is simple. Mr. Cohen’s vast experience in the area of Federal Criminal Defense. He is a former Assistant United States Attorney and has practiced in the area of state as well as federal criminal defense for over 47 years.

If you need help in a case and if you have been charged with a federal crime, Mr. Cohen is the Federal Criminal Defense Attorney and Federal Criminal Defense Lawyer you need to resolve your identity theft case or other federal criminal charges.

A corporate insider is an individual who is an officer or employee of a publicly traded company who is aware of significant information which has yet to be released to the public that can influence the company’s stock price. Illegal insider trading is when a person has the privileged knowledge and uses it in an attempt to make a profit for themselves or others.

“Insiders” tend to be corporate executives, officers, directors, or major shareholders, though they may also include employees with access to non-public information.

One of the most notable cases of insider trading involved Martha Stewart. She sold 4,000 of her shares of a stock that her broker said was going to plummet. The day before the news broke, Stewart sold her shares and saved $45,000. Although she was cleared of the charges, she was eventually charged with four counts of obstruction of justice and lying to investigators. She was sentenced to five months of prison, five months of house arrest, and two years of probation.

“Do it for the gram” is a 21st-century phrase that refers to when a person does stuff for the sole purpose of posting it to Instagram for likes and attention. Recently, a 20-year-old Florida woman got in some serious trouble when she did just that by posting pictures of her riding on a sea turtle’s back. The photographs went viral and also caught the attention of Florida officials.

Florida is home to the biggest population of sea turtles and is very protective of these aquatic animals. Under the Florida Fish and Wildlife Conservation Commission rules, it is a felony violation to possess, sell, or molest a marine turtle or a marine turtle nest of eggs. These animals are protected under the Federal Endangered Species Act of 1973, due to their classification as an endangered species. Violations of the sea turtle regulations are classified as a third-degree felony, with possible imprisonment up to five years and/or a $5,000 fine.

When local police responded to a disturbance Saturday night, they identified Moore as a wanted felon. Melbourne law enforcement then arrested Moore and booked her in Brevard County Jail. Sitting on a turtle, as she did, not only limits its mobility but can also cause damage to its ribs or sternum.  A felony can bring serious consequences like losing your right to vote, your right to possess a firearm, or even a loss of employment.

Over 100 million Americans have gotten at least one or both doses of a coronavirus vaccine and have received a free proof-of-vaccination card with the logo of the Centers for Disease Control and Prevention. However, there has been no clear indication or protocol on how to confirm if someone is vaccinated or not. The Biden administration declared it would not create a federal vaccination database, citing privacy concerns, making the CDC-issued cards the country’s default national way to verify if someone has been vaccinated. Since the cards are marked by hand, don’t contain much information, are printed on easily obtainable heavy white paper, and are impossible to quickly verify, it leaves an opportunity for the anti-vaxxer community to beat the system by forging them. In March, the FBI released a public warning that creating or buying a fake vaccine card is illegal. “If you did not receive the vaccine, do not buy fake vaccine cards, do not make your own vaccine cards, and do not fill-in blank vaccination record cards with false information,” the warning from the FBI said.  Individuals might use them to misrepresent their vaccination status at school, work, or in various living and travel situations, potentially exposing others to risk. Crimes associated with making or using fake vaccination record cards include wrongfully using government seals, the FBI said in its warning. That’s because fake cards often use the CDC and Health and Human Services seals seen on the real ones. That’s punishable by up to five years in prison and a fine. Other penalties could include possible termination of employment and be thrown off-campus. If you are caught and charged with having or selling fake CDC Covid Vaccine cards, do not try to fight these charges on your own.

If you have any questions about your case or other legal advice, we are here to help. Contact us today for a free consultation and let us fight for your freedom.