Miami Criminal Defense Attorney Carlos Amor
Every crime has a classification, either misdemeanor or felony, and each class has differing levels or degrees. Each crime carries with it specific requirements the state has to meet before they can get a conviction. This is known as the governments "burden of proof" and they are also know as elements of an offense. Each case has its own elements.
The following sections go through the basic elements for each type of crime; drug crimes, DUI, theft or property crimes and crimes of violence. This information however is no substitute for the opinion of a qualified defense attorney.
Your lawyer must make sure the government follows its core obligation-to only prosecute cases when there is actual proof of guilt. The maximum penalty for a crime will vary depending on how the particular offense is classified. Regarding jail time, misdemeanors are punishable by up to one year in jail while felony sentences are usually served in a state prison facility.
Click on the tabs to the left to view some of the most common types of criminal offenses
Property Crimes
To prove the crime of Theft, the State must prove the following two elements beyond a reasonable doubt: that the Defendant knowingly and unlawfully obtained or used, endeavored to obtain or to use, the property alleged to belong to the victim and that the defendant did so with intent to, either temporarily or permanently, deprive the victim of his her right to the property or any benefit from it, or appropriate the property of the victim to his her own use or to the use of any person not entitled to it. That is the legal proof they must have, and that is a large amount of proof they need to get a conviction. They need to prove that some item belonged to another person, and that you intentionally took possession of that item in order to keep the owner from using the item. It may seem vague or abstract, but these requirements are not easy to meet in every case.
Any doubt as to the accuracy or legitimacy of the proof in the states case will greatly increase your chances of success. Having an experienced attorney on your side compels the state attorney to know he or she must be able prove your case beyond a doubt. Without a lawyer, the government knows that you really don't understand the legal posture of your case and that you are likely to agree to whatever plea offer they give you. Below is a list of the most common theft offenses.
- Petit Theft
- Trespass
- Grand Theft
- Grand Theft Auto
- Credit Card Fraud
- Possession of Burglary Tools
- Criminal Mischief
- Burglary
- Organized Fraud
Violent Crimes
If you were charged with a Battery, the government would have to show that t intentionally touched or struck (victim) against his or her will Or that the defendant intentionally caused bodily harm to another person. Essentially, in a battery case, its one element the government has to prove. But in reality, they have to prove you intended to hit a person against and they also have to prove it was against a persons will. If they cannot prove those two circumstances beyond a doubt, then the entire element doesn't meet the burden of proof.
In regards to a Felony Battery, in addition to the elements for Battery, the government has to prove that the Defendant caused the victim great bodily harm, permanent disability, or permanent disfigurement. For Aggravated Battery, the government must prove that defendant in the act of committing a battery, also Intentionally caused the victim great bodily harm, permanent disability, or permanent disfigurement Or that the Defendant used a weapon during the commission of a Battery. Here the government must prove the Battery and that the weapon was used to cause the battery. The following is a list of the most common crimes of violence.
- Assault
- Battery
- Domestic Battery
- Strangulation
- Battery on Law Enforcement
- Resisting Arrest With/Without Violence
- Carrying a Concealed Weapon/Firearm
- Aggravated Battery on an Elderly Person/Pregnant
- Aggravated Assault
- Felony Battery
- Armed Robbery
Drug Crimes
The Drug Abuse and Control Act does little to control the use, sale and distribution of illegal drugs. However, the drug laws in Florida are serious, and while they don't really prevent crime, they do carry some serious ramifications and are not to be treated lightly. These laws criminalize the possession, manufacture and distribution of narcotics, depressants, stimulants, hallucinogens, steroids, and chemicals used in the illicit production of controlled substances or illegal drugs.
"Schedule 1" drugs in Florida carry harsh sentences, sometimes the presiding court may not have any discretion in imposing part of a sentence. Cocaine, Heroin, Methamphetamine, Ecstasy, PCP, LSD all fall under the Drug Abuse and Control act and, if convicted, carry draconian penalties here in Florida. If you have been arrested and charged with a drug crime in Florida, call the Law Offices of Carlos M. Amor to protect your legal rights. A criminal trial lawyer may be able to have your case dropped by the State.
To prove the criminal Possession of any Illicit Substances, the State must prove the following three elements beyond a reasonable doubt: That the Defendant possessed a certain substance, the substance was the specific substance alleged and that the Defendant had knowledge of the presence of the substance. Those are the basic elements, but there are more rules that govern every possession case. To "possess" means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed. Possession may be actual or constructive. Actual possession means: The controlled substance is in the hand of or on the person, or that the controlled substance is in a container in the hand of or on the person, or the controlled substance is so close as to be within ready reach and is under the control of the person.
However, mere proximity (being close) to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control. Constructive possession means the controlled substance is in a place over which the defendant has control.
In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the defendant does not have control, the State must prove the defendants control over the controlled substance and also that the defendant had knowledge that the controlled substance was within the his or her presence.
Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.
Finally, knowledge of the illicit nature of the controlled substance is not an actual element of the offense of Drug Possession. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense. If a defendant has raised this affirmative defense, then he or she must prove that he did not know the alleged substance was in fact illicit. However, a jury is permitted to presume that a defendant was aware of the illicit nature of the controlled substance if they find that the defendant was in actual or constructive possession of the controlled substance.
If you were searched by the police, their search must have followed the law. If in carrying out their search the police violated your fourth amendment rights then the evidence of drug possession will be suppressed and you case dismissed. Below is a list of the most common drug offenses.
DUI
Driving under the influence is probably the most serious misdemeanor offense one can be charged with in Florida and one of the most complicated to defend. Scientific experts, familiarity with specialized equipment and knowledge of breath and alcohol ratios is a pre-requisite for any criminal defense trial attorney who is serious about winning your case. In a DUI case, the government has to prove by proof beyond a reasonable doubt that the defendant was driving or in actual physical control of a motor vehicle and that the driver/defendant was under the influence of drugs or alcohol to the extent that their normal faculties are impaired or that the driver blew a .08 or above on a legal breath test. Notice that last part; the government can prove you were impaired simply by having a breath test reading that your blood alcohol level was .08 or above. Without that breath test printout, the government would have to prove you were impaired by the circumstances surrounding your arrest, i.e., your driving pattern, your appearance, odor of alcohol or other drugs, performance of field sobriety exercises and your overall attitude and demeanor. Its common sense, if the government cannot prove you were driving, regardless of whether you were impaired or not, you cannot be guilty of DUI.
The Law Offices of Carlos Amor handles all traffic cases and DUI cases. Our case analysis begins with the traffic stop that led to your arrest to your participation in roadside sobriety exercises (FSE's) and breathalyzer tests. Our office will also request an administrative hearing at the Florida DMV in order to keep you license from being suspended. An experienced criminal trial lawyer knows how to prevent the government from using unlawfully obtained in your case. If the police stopped your car for an unlawful purpose, if they violated your rights in any way, we will make sure your case is dismissed. Below are the types of Traffic crimes and Driver's License issues we can help you resolve.
- Traffic Tickets
- Multiple DUI's
- Hardship Licenses
- Business Purpose Only (BPO) Licenses
- Driver's License Reinstatement
- Formal and Informal Review Hearings at the DMV
- Second or Subsequent Refusal cases
- Vehicle Impoundment
- Victim Impact Panel
- DUI School
- DUI with Property Damage
- DUI with Serious Bodily Injury
- Leaving the Scene of the Accident
- Reckless Driving
- Racing on the Highway
- Habitual Traffic Offender
- Violation of Driver's License Restriction
- DUI with serious bodily injury
- Possession of Fictitious Driver's License
- Felony DUI
- Driving While License Suspended
- Habitual Traffic Offender
Other hearings and Criminal Litigation
- Violations of Probation
- Early Termination of Probation
- Modification of Probation
- Reinstatement of Probation
- Violations of Community Control
- Violations of House Arrest
- Juvenile Hearings
- Sealing and Expunging
- Municipal Ordinance Violations
- Bond Hearings/Bond Reductions