South Florida Criminal Attorneys Blog

Police Did Not Read Me My Miranda Rights During Arrest

October 8, 2021 | Michael B. Cohen, P.A.

We have heard many times from clients that police did not read them their Miranda rights. And trust us when we say we believe you. However, you might be shocked to hear that law enforcement does not have to read you your rights. “Miranda Rights” comes from a Supreme Court case in the 1960s called Miranda v. Arizona. The court stated that if police want to question a person in police custody, they must make them aware of the Fifth Amendment protection against self-incriminating statements and their right to an attorney.

Miranda Rights are as follows:

You have the right to remain silent

Officer Who Hid During Parkland School Shooting to go on Trial

October 8, 2021 | Michael B. Cohen, P.A.

The devastating Marjory Stoneman Douglas High School mass-shooting in Parkland, Florida is a day that will live on in our minds and hearts forever. 17 people were killed and several more, including staff, were injured. Scot Peterson was an armed officer at the school. On that day, he retreated into safety instead of confronting the gunman. Due to this, he found himself being criminally charged with eleven counts of second- and third-degree felony neglect of a child and a second-degree misdemeanor of culpable negligence. Additionally, Peterson’s name was dragged through the mud and he was even nicknamed “The coward of Broward”. The charges filed against him are not the norm. Police officers are not usually held criminally liable for not protecting the public. In fact, child neglect is typically a charge given to parents, teachers, kidnappers, babysitters, etc., not law enforcement. However, prosecutors argue that Peterson is a school resource officer and is essentially considered a caregiver. In court, he told the judge that he did the best he could at the time.

“I didn’t do anything there to try to hurt any child there on the scene,” Peterson pleaded. “I did the best that I could with the information.”

Earlier this year, a Florida judge ruled that a case may proceed against Peterson. This case could have a rippling effect on whether school officers and other officers in general have a constitutional duty to protect children in similar situations.

Can Police Officers Go Through Your Phone?

September 15, 2021 | Michael B. Cohen, P.A.

Nowadays, it is rare to meet someone who does not own a smartphone. It is normal to wonder if Florida police can search your phone for evidence. Can police officers scroll through the information contained on your phone without a warrant?

If you are arrested, officers are able to search you, and any “containers” that are in your immediate control. A “container” can be a wallet, bags, boxes or anything a person might use to store other items. Even a pack of candy could classify as a container.

However, the Supreme Court stated that a phone is not a normal container that is able to be searched with reasonable suspicion. This is because cell phones don’t contain physical evidence such as drugs, weapons or other things officers look for during a search. Our cell phones contain digital evidence—something that is treated differently by the law.

Can Police Search Your Car If They Smell Marijuana?

September 14, 2021 | Michael B. Cohen, P.A.

The U.S. Constitution protects you against unreasonable search and seizure. However, law enforcement gets around the need for a warrant by showing reasonable cause for a search. Usually, police need to show that they had reason to believe you were breaking the law. This generally happens during traffic stops. Before, officers in Florida could search your vehicle if they smelled marijuana. However, due to a change in Florida law, the odor of cannabis or hemp is no longer legal grounds for a police search.

This imposed a problem on police officers because figuring out the difference between marijuana and hemp is now vital. Due to this, any found substance has to go through testing to determine the THC content. Only substances above .3 THC content are illegal. Anything else is legal under the new law. Police have always relied on the distinct smell of marijuana to detect criminal drug use. However, there are now hemp-based lotions and textile products. The “smell of marijuana” does not mean anything illegal is taking place. An experienced lawyer can help you argue that evidence uncovered in a search under the basis that an officer smelled marijuana in your car can be suppressed.

Everyone is entitled to legal representation when facing charges. At Michael B Cohen Law, our priority is making sure that you receive the best legal representation for your federal crime cases. You can schedule a free consultation with us today and learn about your options and ways in which we can help you and your future.

Social Media Pictures Lead to Felony Charge for Florida Woman

August 16, 2021 | Michael B. Cohen, P.A.

“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.

Using Mistake of Fact or Law as a Defense

August 8, 2021 | Michael B. Cohen, P.A.

In criminal law, mistake of fact and mistake of law are both defenses that can be used to exonerate criminal charges if deemed reasonable. To be convicted of relevant criminal charges the prosecution must prove beyond a reasonable doubt that the criminal defendant acted with criminal intent rather than as an honest mistake.

What is a mistake of fact and how can it be used as a defense?

Mistake of fact is commonly referred to as a mistaken belief or understanding of an individual that has led them to commit an illegal act unknowingly. To use mistake of fact as a defense, the defendant must disprove specific intent and/or disprove elements of the crime as material to the investigation.

Can a Polygraph Exam (Lie Detector Test) Prove I am Innocent?

July 14, 2021 | Michael B. Cohen, P.A.

If you have watched any crime show, you are probably familiar with polygraph exams. However, they are nearly never used in court cases, especially in Florida. Florida law is clear that a polygraph is never admissible in court because it has not been shown to pass scientific standards to be proven reliable. The State can possess a polygraph you have given in your case, but it cannot and will not be used against you at trial or hearing.

The Supreme Court commented that there is no reliable scientific evidence about the accuracy of polygraph exams. However, the Supreme Court has not forbidden it.

Did you know a polygraph exam can be used against you by law enforcement during interrogation? Even if you “passed” the polygraph, law enforcement can lie and say that you failed and you might as well confess or tell them the “truth”. Although this is dishonest and deceiving, it is allowed under Florida case law. In the end, the best thing to do is not take a polygraph. If you fail it, law enforcement can confront you about your lies; if you pass it, law enforcement may say you lied anyway. Some think that taking a polygraph is a way to convince law enforcement that you are innocent, but police often use it as a way to get a confession.

CDC Vaccine Card Fraud Penalties

June 10, 2021 | Michael B. Cohen, P.A.

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.

Federal Court: How Did We Get Here?

June 10, 2021 | Michael B. Cohen, P.A.

The court system is divided into two types, federal and state. Both systems have different cases assigned to them accordingly. The state court is mainly responsible for clarifying state law while federal courts have a wider variety of cases to handle. Many do not know what it takes or how a case goes from state to federal court, so we will take a quick look at how cases get to federal court.

The Levels

The federal system continues to evolve as the years go by and from its initial acknowledgment in Article III of the Constitution, which allowed the Supreme Court to create different court levels below as they felt necessary. Therefore, we now have three levels in the federal court system:

PPP Loan Fraud

May 16, 2021 | Michael B. Cohen, P.A.

The Coronavirus Aid Relief and Economic Security (CARES) Act is a federal law enacted on March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering financially from the COVID-19 pandemic. Part of the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and other expenses through the Paycheck Protection Program (PPP). In April 2020, Congress authorized over $300 billion in additional funding, and in December 2020, another $284 billion. Now that the pandemic feels a bit more handled and businesses are seeing the light at the end of the tunnel, the government is now making a sweep of people who abused PPP loans. Several people are being accused and charged with fraud for claiming businesses and payroll expenses that do not exist. A recent notable case is Jeremie Saintvil, a Florida man who allegedly obtained more than $1.5 million in PPP loans from credit unions and banks. This includes committing identity theft against eight elderly individuals. Before leaving office, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida coined South Florida “the fraud capital of the world” and she may have a point. Over the past year, 38 criminal cases with $75 million in fraudulent COVID-19 relief claims have been filed. This is the highest number of any region in the country. A few things that fall under the umbrella of PPP fraud are:

Spending PPP funds for unapproved purposes
PPP loans from multiple lenders