South Florida Criminal Attorneys Blog

Factors That Determine Whether a Crime is Tried at the State or Federal Level

July 5, 2023 | Michael B. Cohen, P.A.

When a crime is committed, it is crucial to determine which jurisdiction will handle the legal proceedings. In the United States, crimes can be tried at either the state or federal level, depending on various factors. In the case of Florida, understanding the key determinants that influence this decision is essential. In this blog post, we will explore the factors that determine whether a crime is tried at the Florida state or federal level.

Nature of the Offense:

One of the primary factors that determines the jurisdiction is the nature of the offense. Generally, crimes that violate federal laws, such as drug trafficking, immigration offenses, or interstate crimes, fall under federal jurisdiction. On the other hand, crimes such as theft, assault, or murder that violate state laws are tried at the state level.

Understanding Illegal Search and Seizure: How to Identify Violations from a Florida Federal Standpoint

May 30, 2023 | Michael B. Cohen, P.A.

In the United States, the Fourth Amendment of the Constitution protects individuals from unreasonable searches and seizures by law enforcement. It is crucial to be aware of your rights and recognize if you have been a victim of an illegal search and seizure. Read below the signs of an illegal search and seizure from a Florida federal standpoint.

Lack of a Valid Warrant:

The Fourth Amendment requires law enforcement officers to obtain a search warrant, supported by probable cause, before conducting a search or seizure. If the search was conducted without a warrant or if the warrant was invalid, it could be an indication of an illegal search.

Can I Be Charged Just For Being at The Scene of a Crime?

April 19, 2023 | Michael B. Cohen, P.A.

Under federal law, being present at the scene of a crime does not necessarily make an individual guilty. In order to be convicted of a crime, the prosecution must prove beyond a reasonable doubt that the individual committed or assisted in the crime. Simply being present at the scene of a crime does not demonstrate that the individual had the intent to commit the crime or was otherwise involved.

The prosecution must prove that the individual actually committed or assisted in the criminal act. For example, to be convicted of a drug offense, the prosecution must prove that the individual knowingly possessed, manufactured, or distributed the controlled substance. Simply being present at a location where drugs are present is not sufficient to establish guilt.

That being said, there are certain circumstances where an individual’s presence at the scene of a crime may give rise to suspicion or make them a person of interest in an investigation. For example, if an individual is present at the scene of a crime and provides false or misleading information to law enforcement, this may lead to further investigation and potentially charges for obstruction of justice.

Detention Hearing: What to Expect

March 20, 2023 | Michael B. Cohen, P.A.

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, 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 community despite the charges filed against you. You will also have a better sense of whether there is probable cause for said charges and if there is a chance you may be released while you await your trial.

Your trusted lawyer will be allowed to present any evidence that can persuade the court you should be released on bond and once the judge receives this evidence and is convinced that you are not a flight risk or a danger to the community, he/she will approve your bail and set your next court date.

After Release

What is a Pretrial Diversion Program?

March 20, 2023 | Michael B. Cohen, P.A.

There is a common misconception that if you commit a crime, there are only two options: You are 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:

Can You be Charged For Having a Controlled Substance Not Prescribed to You?

February 17, 2023 | Michael B. Cohen, P.A.

When you think of being charged for possession of drugs, one normally thinks of cocaine, heroin, etc. However, did you know you can also be charged for having medication that has been prescribed to someone else? A couple of exceptions are below:

· Medical personnel traveling to a patient’s home with the prescribed drugs

· Drug representatives carrying them to market to stores

Is it Possible to be Charged in Federal and State Court for the Same Crime?

February 17, 2023 | Michael B. Cohen, P.A.

If you are arrested, it is vital that you know if you are going to be charged in a state court or in a federal court. For state crimes, state police and prosecutors will pursue the charges while other crimes are investigated by a federal agency, like the Federal Bureau of Investigations (FBI), the Drug Enforcement Agency (DEA), the U.S. Immigration and Customs Enforcement (ICE) and more.

If you were tried and acquitted of murder in the state of Florida, the concept of double jeopardy bars the state from prosecuting you for the same criminal incident in the future. Although the U.S. has a strong principle against double jeopardy, which doesn’t allow an individual to be charged twice for the same crime, there is the separate sovereign exception. Under the concept of “dual sovereignty,” state and federal governments may separately prosecute you for the same crime if the criminal act in question violates state and federal laws. This means you may also face prosecution in a federal court for the same crime.

If the person is charged in both systems, they may also face sentencing in both as well.

What Do I Do If There Is A Warrant for My Arrest?

January 17, 2023 | Michael B. Cohen, P.A.

Finding out that there is a warrant out for your arrest can be a daunting experience. The unfortunate truth is that most do not realize this is the case until they get a knock on the door from officials trying to arrest them. However, whether you become aware weeks in advance or find out as you hear pounding on your door, there are steps you can take to protect your rights and freedom.

The second you hear about an arrest warrant for you, it is imperative that you hire a lawyer to represent you. A lawyer can help you not make mistakes or give statements that may hurt your case. Even if you know that you are innocent, it is important that you seek advice and knowledge from a criminal defense lawyer.

The best thing you can do to raise your chances of walking away free, or with a lighter sentence, is to not make statements to the police. Under your constitutional rights, you have the right to remain silent while under police custody.

What is Insider Trading, and When is it Illegal?

December 16, 2022 | Michael B. Cohen, P.A.

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.

What are the Penalties for Medicare fraud?

December 16, 2022 | Michael B. Cohen, P.A.

The U.S. government inspects Medicare expenses charged by physicians. The state government also carefully examines doctors’ charges and the patient’s health assessments as well. Since the government is paying the bills, it has the right to examine and dispute anything they want. The probe from federal and state law enforcement officers can bring to light errors that may lead to prosecution for Medicare fraud.

Being convicted of Medicare fraud can result in long-term imprisonment and hefty fines.

The Code of Federal Regulations describes Medicare fraud as “an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person.”