CRIMINAL LAW

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation) or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes; and even within a particular code, lines may be blurred as civil infractions may give rise also to criminal consequences. Typically, criminal law is enforced by the government, unlike the civil law which may be enforced by private parties.

FELONIES

Michael D. Weinstein, PA focuses on State and Federal Felony and Misdemeanor charges. The firm handles a broad array of cases ranging from low-level drug and theft charges to homicide. Broadly, felonies can be categorized as either non-violent (property and drug) offenses or violent. They can include, but are not limited to:

  • Aggravated Assault
  • Armed Robbery
  • Arson
  • Battery
  • Burglary
  • Child Abuse
  • Domestic Violence
  • Illegal Drug Use/Sales
  • Grand Theft
  • Kidnapping
  • Robbery
  • Manslaughter
  • Murder
  • Sex Crimes
  • Vehicular Manslaughter

MISDEMEANORS

Florida Misdemeanors and Municipal Ordinance Violations are handled in the County Courts. In Florida, a crime punishable with incarceration for one year or less is considered to be a misdemeanor. All other crimes are felonies.

VIOLATION OF PROBATION
Probation may be imposed on either a misdemeanor or felony offense. Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is “on probation” has been convicted of a crime but has served only part of the sentence in jail, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called “probationable” offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.

An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer may be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. The offender on probation may be fitted with an electronic tag, which signals her or his whereabouts to officials, and it is very common for offenders to be ordered to submit to alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform Community Service work.

Any time a Probationer is alleged to have violated one or more terms or conditions their probation officer may submit an affidavit of violation of probation to the court, which will then issue a warrant. Michael D. Weinstein, PA has successfully resolved hundreds of probation matters.

JUVENILE DELINQUENCY

Michael D. Weinstein spent nearly two years as a Prosecutor in the Office of the State Attorney’s Juvenile Delinquency division.

Juvenile delinquency refers to criminal acts performed by individuals under the age of 18. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. Mr. Weinstein is keenly aware of the intricacies of juvenile law and continues to practice in Florida’s delinquency courts.

NARCOTICS

Illegal drugs are related to crime in multiple ways. Most directly, it is a crime to use, possess, manufacture, distribute or traffic drugs classified as having a potential for abuse (such as cocaine, heroin, morphine and amphetamines).

  • Cultivation
  • Distribution
  • Importation
  • Manufacturing
  • Possession for Sale
  • Trafficking
  • Transportation

DUI/DWI

Mr. Weinstein has extensive experience in DUI matters and has taken numerous hours of Continuing Legal Education, including: DUI Manslaughter, Traffic Homicide, Evidence, and DUI. Furthermore, he is well-versed in the rules and regulations of the Department of Highway Safety and Motor Vehicles regarding license suspensions for violations of Chapter 316.193 Florida Statutes.

Driving under the influence of alcohol (driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drink-driving) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane, wheelchair, tractor or horse) after consuming alcohol or other drugs.

DOMESTIC VIOLENCE

Mr. Weinstein has represented clients charged in both the Misdemeanor and Felony Domestic Violence courts of Florida.

WHITE COLLAR CRIMES

The Federal Bureau of Investigation has adopted the narrow approach, defining white-collar crime as “those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence.” Mr. Weinstein has represented clients charged with:

  • Rico
  • Money Laundering
  • Violations of Two Way Communication Device
  • Bookmaking
  • Grand Theft
  • Uttering a Forged Instrument
  • Tax Fraud
  • Dealing in Stolen Property
  • and numerous other Property and Financial Crimes

DEPENDENCY

Michael D. Weinstein has extensive experience in representing parents when the State seeks to enter their lives and remove the children from their home.

TRAFFIC VIOLATIONS

  • Reckless Driving
  • Careless Driving
  • Driving While License Suspended

APPELLATE PRACTICE

  • Florida (State) Criminal Appeals
  • State Motions Practice, including:
  • Apprendi Cases
  • Post Conviction Motions
  • Motions For New Trials
  • Plea Withdrawls
  • Writs of Prohibition
  • Writs of Mandamus

POST-CONVICTION RELIEF

Post-conviction relief is a general term related to appeals of criminal convictions, which may include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rearraignment, retrial, custody and release on security.

The term may refer to a law or court rule that allows a collateral challenge to a judgment of conviction which has otherwise become final in the normal appellate review process. Post-conviction relief is governed by federal and state laws, which vary by state, and may be used to preclude state or federal habeas corpus.

  • Sentence Appeals
  • Sentence Modifications
  • Sentence Reversals
  • Writs of Certiorari
  • Writs of Habeas Corpus
  • Writs of Mandamus

SELECT LITIGATION

Mr. Weinstein undertakes representation in the Civil and Probate Courts of the State of Florida.

  • Landlord Tenant
  • Guardianship
  • General Practice