South Florida Criminal Attorneys Blog

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.”

Consequences of Lying to a Federal Officer

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

What are the consequences of lying to a federal agent?

Lying, or willingly making false statements to a United States federal agent, is a federal crime. Under Section 1001 of title 18 of the United States Code (18 USC Section 1001), an individual or group can be criminalized for knowingly falsifying, concealing, and/or covering up pertinent information with a trick or scheme intended to derail any investigation. All false statements, spoken and written, that are or are not made under oath are subject to similar penalties.

It is stated in the United States Code that those found in violation of 18 USC Section 1001 can receive a maximum sentence of up to five years in prison for tax evasion and lying with intent to derail any investigation, and eight years if any false statements are linked to acts to terror, human trafficking, and certain sexual offenses. However, in order to successfully convict an individual or group of committing such crimes and being in violation of 18 USC Section 1001, United States government officials must prove three things:

Florida Rules for Carrying a Concealed Firearm

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

State laws concerning concealed weapons work differently depending on what state you are in. Florida is known as one of the more lenient states in the U.S. to own firearms, but in order to do this, you need to have a concealed carry license. While The U.S. Supreme Court does say that Americans have the right to own firearms, they also restrict who can get them and how in order to keep the general public safe.

Florida has requirements in order for someone to obtain a concealed carry license:

You must be at least 21 years old (unless you’re in the armed forces).

Discovering New Evidence and Using It For Post-Conviction Relief

October 17, 2022 | Michael B. Cohen, P.A.

Being found guilty of a criminal charge can be devastating news, but that doesn’t mean the fight is over. Sometimes the legal process can make errors and there are options designed to remedy these errors. One such opportunity is seeking post-conviction relief through newly discovered evidence (also known as after-discovered evidence). Post-conviction relief can help reduce a sentence or even overturn your conviction. If you’ve discovered new evidence that you believe can create doubt on your guilt, let us help you earn post-conviction relief.

Newly Discovered Evidence

To qualify for post-conviction relief through newly discovered evidence, the evidence must have:

Arrested on a Federal Charge? Here’s What To Do Next

October 17, 2022 | Michael B. Cohen, P.A.

Being arrested for a federal charge can easily be an overwhelming experience, leaving many people not knowing what to do. As the common saying goes, “innocent until proven guilty”. It is important to protect your rights from being violated which include the right to a Miranda Warning, the right to remain silent, and the right to an attorney. Doing so protects you against abuses and aids in a best-case scenario for your trial. Therefore, hiring an experienced and qualified lawyer, like the office of Michael B. Cohen, is the most important first step to make after being arrested.

After Arrest Process

After being arrested for a federal charge, the process begins with an initial appearance before a federal judge. The judge will make the decision whether there is substantial evidence to continue proceedings along with the possibility of a bond.

How a Suppression Hearing Can Help Your Post-Conviction Appeal

September 19, 2022 | Michael B. Cohen, P.A.

Suppression Hearings

When a person faces criminal charges, the state or government must present evidence to obtain a conviction. One powerful tool used to counter evidence are suppression hearings. These special types of hearings are usually conducted before criminal trials start and are used to exclude or suppress specific evidence from being used in the upcoming trial. The most common and effective reason to file a motion to exclude evidence is when the evidence was obtained or collected through the violation of a defendant’s constitutional rights. Here at Michael B. Cohen, P.A. we can take a deeper look around the circumstances of your charges to provide the best defense.

Process of Suppression Hearings

How Cases Get To A Federal Court

September 19, 2022 | Michael B. Cohen, P.A.

Criminal cases fall into generally two types of court systems – federal and state. Which court your case will fall under will depend on which court system has jurisdiction (the power to make legal decisions and judgements). Most states like Florida have broad jurisdiction and can hear cases regarding DUI cases, theft, assault, traffic offenses, etc. Even so, state courts are limited to just interpreting state law while federal courts hear a criminal case when there’s a violation in federal law. It’s important to hire an experienced and proven lawyer to handle your case in either scenario.

If you have been tried of a federal crime, your trial will likely be heard in one of these types of courts:

District Courts: 94 courts around the country where federal cases are tried

How You Can Use Exculpatory Evidence to Help Your Post-Conviction Appeal

August 15, 2022 | Michael B. Cohen, P.A.

Exculpatory evidence in its simplest form is any favorable evidence for a defendant in a criminal case that can be used to prove their innocence. In United States law per Brady v. Maryland, a defendant MUST be disclosed by prosecutors of ALL evidence they have before the defendant accepts a guilty or not guilty plea. This requirement falls under a constitutional right of due process for a defendant. Exculpatory evidence is significant because it guarantees a person will face criminal punishment only if they commit a crime. This might seem like common sense but prior to this requirement, innocent people were being charged with crimes simply because the prosecution opted out in sharing evidence that proved a defendant’s innocence. Understanding this right is crucial to your case and can be significant in a successful appeal if you were convicted.

In the State of Florida, under Fla.R.Crim. P. 3.220(b)(4), the right to exculpatory evidence is protected under A Notice of Discovery. This notice triggers a duty from the prosecution to provide your attorney and defense team all evidence they have collected including police reports, witness testimonies, and other documents. Attorneys in the state of Florida are required to take a course in understanding and upholding this procedure.

A violation of exculpatory evidence is more commonly referred to as a Brady violation (referring to Brady v. Maryland case). The 3 elements a defendant must show are that the evidence:

What is Post Conviction Relief?

August 15, 2022 | Michael B. Cohen, P.A.

The term post-conviction relief, commonly referred to as PCR, is a legal process in which a convicted individual can seek to vacate, set aside, or adjust their sentence. Compared to an appellate court, post-conviction relief is a broader analysis of all aspects of a case. This can include the legality of the sentence, counsel effectiveness, claims involving newly discovered evidence or the involuntariness of a plea, etc.

Federal Section 2255

With federal cases, 28 U.S.C. § 2255 can be used to request the U.S. District Court to vacate, correct, or set aside a sentencing. It is only available to those convicted and in custody (those in prison, probation, parole, or supervised release).

Why Giglio Evidence May Lead to a Successful Post-Conviction Appeal

July 14, 2022 | Michael B. Cohen, P.A.

Giglio evidence refers to any information or material that may be used to impeach the credibility, testimony, or character of a prosecutor’s witness in a criminal case. In Giglio vs United States, John Giglio was convicted of using forged money orders with the assistance of Robert Taliento. The government, however, made a deal with Taliento to testify for them against Giglio in exchange for his immunity against prosecution. The jury and defense were unaware of this deal and ultimately Giglio was convicted. This deal was discovered after Giglio’s conviction and his defense team sought to overturn the jury’s decision based on the concealment from the government making Taliento’s testimony unreliable. In 1972, the case had reached the Supreme Court where they ruled that the failure to inform the jury on any agreements the government makes with any witness is a violation of a defendant’s due process rights, and therefore warranted a new trial.

Giglio evidence as a defense

Giglio evidence or material is a powerful tool to be aware of and use to defend your case or lead a successful post conviction appeal. An officer involved in a defendant’s arrest, for example, can be barred from testifying through a Giglio letter if the officer lacks integrity and credibility like concealing evidence in the past or any other misconduct. Other examples that must be presented by the prosecutor are: