South Florida Criminal Attorneys Blog

Federal Criminal Defense Attorney for Identity Theft Cases in Florida – Michael B. Cohen

October 26, 2023 | Michael B. Cohen, P.A.

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.

Understanding Self-Defense and Stand Your Ground Laws in Florida

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

Self-defense is the basic idea that you can protect yourself when you’re in danger. Florida, like many states, has its own set of self-defense laws, including the “Stand Your Ground” law. Let’s delve into the intricacies of these laws and their implications for residents of the Sunshine State.

Self-Defense Laws in Florida:

Self-defense, in its simplest form, is the right to protect oneself from harm when faced with imminent danger. Florida’s self-defense laws are outlined in Florida Statute 776.012, commonly known as the “Stand Your Ground” law. This statute allows an individual to use deadly force if they believe it’s necessary to prevent death, great bodily harm, or the commission of a forcible felony against themselves or others. However, the key element is the individual’s reasonable belief of the threat.

The Legal Implications of Purchasing Firearms for Others

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

In recent years, the debate surrounding firearm ownership and regulation has intensified, shedding light on the intricacies of gun-related laws. One such issue is the legality of purchasing firearms on behalf of another individual. Commonly referred to as a “straw purchase,” this practice has raised concerns within the legal community due to its potential implications for public safety.

A “straw purchase” occurs when an individual buys a firearm on behalf of another person who is either prohibited from owning firearms or seeks to bypass background checks and regulations. Such transactions are illegal under federal law, specifically under the Gun Control Act of 1968. This act prohibits any person from purchasing a firearm with the intent to transfer it to someone who is ineligible to possess firearms, such as convicted felons, minors, or individuals with a history of mental illness. Additionally, the act requires all firearm purchasers to complete a background check, regardless of whether they intend to keep the firearm or transfer it to someone else.

Engaging in a straw purchase can have severe legal consequences. Individuals caught violating these laws may face criminal charges, including fines and imprisonment. Both the purchaser and the person for whom the firearm was acquired could be subject to prosecution. Law enforcement agencies and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) actively investigate and prosecute cases involving straw purchases, as they contribute to the illegal flow of firearms into the hands of individuals who should not possess them.

What Happens If You Violate Your Federal Supervised Release?

July 31, 2023 | Michael B. Cohen, P.A.

Federal supervised release is a period of post-prison supervision designed to assist individuals in reintegrating into society while ensuring public safety. However, violating the conditions of supervised release can have serious repercussions. In Florida, as in other states, the consequences of such violations can be severe, leading to legal troubles and potential imprisonment. This blog explores the potential outcomes when one violates their federal supervised release in Florida.

Arrest and Detention:

Upon violating the terms of their supervised release, an individual may face arrest and subsequent detention. A warrant is typically issued, leading to the person’s apprehension and confinement in a detention facility until their violation hearing.

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