Criminal Defense | Michael D. Weinstein, PA

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Charged with a Misdemeanor? You Have the Right to a Lawyer

Criminal Defense

Charged with a Misdemeanor? You Have the Right to a Lawyer

FORT LAUDERDALE, Florida. If you’ve been arrested for a misdemeanor charge, you are entitled to representation by a criminal defense lawyer. Under the Supreme Court’s ruling on Gideon v. Wainwright, individuals facing criminal charges have the right to representation under the Sixth Amendment. According to the Atlantic, Gideon was a poor petty thief in Florida who argued for his right to be appointed a lawyer for his case. When he was found guilty without the help of counsel, he took his case to the Supreme Court—and won. When his case was re-tried with a lawyer’s assistance, he was acquitted. His case shows how important having proper legal counsel can be. Yet, the victories of Gideon v. Wainwright may be in peril. […]

By damg16| August 18th, 2017|Criminal Defense|0 Comments

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3 Potential Defenses in a Probation Violation Case

Criminal Defense

3 Potential Defenses in a Probation Violation Case

If you violate your probation, the proceedings that follow will be fairly similar to your initial run-in with the law, but there are a few key differences. For example, in the state of Florida, a judge will issue a warrant for your arrest if he or she has reasonable grounds to believe that you violated your probation; however, unlike the first time you were arrested, you will have no right to bond, nor any right to a speedy trial after violating probation. […]

By damg16| July 25th, 2017|Criminal Defense|0 Comments

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Feds Claim Doctor Illegally Prescribed Millions of Dollars Worth of Pain Relievers

Criminal Defense

Feds Claim Doctor Illegally Prescribed Millions of Dollars Worth of Pain Relievers

According to NewsTalk Florida, an 18-month investigation has led to the arrest of an 84-year-old Florida doctor. The Drug Enforcement Administration alleges that the physician illegally distributed approximately $10 million worth of pain relievers by issuing prescriptions for more than 16,000 amphetamine pills, 64,000 morphine pills, and 400,000 oxycodone pills. […]

By damg16| July 20th, 2017|Criminal Defense|0 Comments

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What Are Technical Violations?

Criminal Defense

What Are Technical Violations?

Pursuant to Florida Statute 948.011, probation is a privilege, not a right, and violating its terms can have serious consequences. There are two main categories of probation violations, and the penalties you will face depend on the category in which your violation falls. […]

By damg16| July 13th, 2017|Criminal Defense|0 Comments

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Retired Coral Springs Police Deputy Chief Accused of Punching 69-Year-Old Driver after Collision

Criminal Defense

Retired Coral Springs Police Deputy Chief Accused of Punching 69-Year-Old Driver after Collision

Local 10 News reports on the arrest of a former Coral Springs police deputy chief after an altercation in a Home Depot parking lot. The arrest report states that Mark Haydu, 56, who retired from the Coral Springs Police Department in good standing seven years ago, was involved in a minor accident with an SUV. […]

By damg16| June 13th, 2017|Criminal Defense|0 Comments

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How Can a Drug Conviction Affect My Future? Insights from a Fort Lauderdale Drug Lawyer

Criminal Defense

How Can a Drug Conviction Affect My Future? Insights from a Fort Lauderdale Drug Lawyer

If you are facing drug charges in Florida, you may be concerned about the potential penalties of a conviction, which might include hefty fines and jail time. There are also long-term consequences of having a conviction on your criminal record. […]

By damg16| June 1st, 2017|Criminal Defense|0 Comments

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Prosecutors Accuse Mail Carrier of Redirecting Packages Containing Drugs

Criminal Defense

Prosecutors Accuse Mail Carrier of Redirecting Packages Containing Drugs

CBS Miami reports on a criminal case involving an ex-postal worker who has been charged with intent to distribute. Prosecutors have accused the former mail carrier of accepting money for redirecting packages that contained marijuana. […]

By damg16| May 22nd, 2017|Criminal Defense|0 Comments

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Is the Recreational Use of Marijuana Legal in Florida?

Criminal Defense

Is the Recreational Use of Marijuana Legal in Florida?

The possession and sale of marijuana is still illegal under federal law, but under state law, the drug is legal in some form in 26 different states and in Washington, D.C. If you want to avoid criminal charges related to marijuana, you need to understand the drug laws in Florida and in the states you visit. […]

By damg16| May 8th, 2017|Criminal Defense|0 Comments

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What Aggravating Factors Can Affect the Severity of Drug Charges?

Criminal Defense

What Aggravating Factors Can Affect the Severity of Drug Charges?

The criminal justice system is complicated, and the proceedings are often unpredictable. Although the state of Florida has mandatory sentences for convictions related to drug crimes, various aggravating factors can affect the consequences of a conviction. […]

By damg16| April 20th, 2017|Criminal Defense|0 Comments

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What Constitutes Illegal Search and Seizure?

Criminal Defense

What Constitutes Illegal Search and Seizure?

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures of their property by law enforcement personnel. A number of laws stem from the Fourth Amendment including those regarding safety inspections, surveillance and wiretaps, search warrants, and stop-and-frisks. […]

By damg16| April 17th, 2017|Criminal Defense|0 Comments