South Florida Criminal Attorneys Blog

Federal Appeals Process: How to Challenge a Conviction

September 21, 2024 | Michael B. Cohen, P.A.

If you’ve been convicted of a federal crime and believe something went wrong during your trial, you have the option to appeal. The federal appeals process allows for your case to be reviewed, with the goal of identifying any legal errors that may have affected the outcome. Although it can seem complex, understanding the steps involved can help you approach it with confidence and pursue justice.

What Is a Federal Appeal?

An appeal is not a retrial or an opportunity to introduce new evidence. Instead, it’s a request for a higher court to examine the trial proceedings and determine if legal mistakes were made. Federal appeals are heard by the U.S. Courts of Appeals, where a panel of judges evaluates the case. Potential errors could include improper jury instructions, insufficient evidence supporting the verdict, or incorrectly admitted evidence. It’s important to remember that appeals must focus on legal errors rather than disagreements over facts.

How to Choose the Right Federal Criminal Defense Attorney

August 23, 2024 | Michael B. Cohen, P.A.

When facing federal criminal charges, selecting the right attorney can be one of the most critical decisions you’ll make. The complexity of federal law, the resources of federal prosecutors, and the potential for severe penalties make it essential to have a skilled and experienced advocate on your side. This comprehensive guide will walk you through the process of choosing the right federal criminal defense attorney, ensuring you have the best possible representation for your case.

1. Understanding the Importance of Specialization

Federal criminal cases differ significantly from state cases. They often involve more complex laws, harsher penalties, and well-resourced prosecutors. Therefore, it’s crucial to choose an attorney who specializes in federal criminal defense.

Is Taking the Stand in Your Defense a Good Idea?

August 2, 2024 | Michael B. Cohen, P.A.

Taking the stand in your defense during a trial is a decision fraught with significant implications. On the surface, it may seem like an excellent opportunity to directly present your side of the story, assert your innocence, and potentially sway the jury in your favor. However, the decision to testify is complex and should be made with careful consideration of the potential risks and benefits.

Advantages of Testifying:

Personal Narrative: Taking the stand allows you to tell your story in your own words, providing the jury with a human face and emotional context that can be compelling. Your testimony can help explain any misunderstandings or ambiguities in the prosecution’s case.

Search and Seizure Laws in Florida Drug Cases: Protecting Your Rights

June 22, 2024 | Michael B. Cohen, P.A.

Navigating the complexities of search and seizure laws in Florida drug cases can be daunting. Florida has stringent laws to regulate searches and seizures, designed to protect citizens from unlawful intrusions. Here’s a comprehensive guide to understanding these laws and how they protect your rights.

Understanding Search and Seizure Laws

The Fourth Amendment of the U.S. Constitution and Article I, Section 12 of the Florida Constitution safeguard against unreasonable searches and seizures. Law enforcement must adhere to strict protocols to conduct searches, particularly in drug-related cases. This means they typically need a valid warrant issued by a judge, based on probable cause.

Could a Biased Juror Give You Grounds for an Appeal?

May 28, 2024 | Michael B. Cohen, P.A.

The integrity of the judicial process hinges on the impartiality of the jury. Jurors are expected to evaluate the evidence presented without prejudice or preconceived notions. However, human nature makes complete impartiality challenging, and the presence of a biased juror can undermine the fairness of a trial. This leads to an important legal question: Could a biased juror give you grounds for an appeal?

Understanding Juror Bias

Juror bias can manifest in various forms. It might be explicit, such as a juror expressing a pre-existing opinion about the case or the defendant. Alternatively, it can be more subtle, emerging from personal experiences, relationships, or even subconscious prejudices. The voir dire process, where attorneys question potential jurors, is designed to identify and exclude biased individuals. Despite these measures, some biases can slip through undetected or be revealed only after the trial concludes.

Understanding Self-Defense Laws in Florida: Your Right to Protect Yourself

April 21, 2024 | Michael B. Cohen, P.A.

Self-defense laws are designed to empower individuals to protect themselves when facing imminent harm or danger. In Florida, like in many other states, there are specific guidelines regarding the use of force to defend oneself or others. Understanding these laws is crucial for anyone living in or visiting the state.

In Florida, the right to self-defense is governed by what is commonly known as the “Stand Your Ground” law. This law allows individuals to use deadly force if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony against themselves or another person. Essentially, if you are in a place where you have a right to be, you do not have a duty to retreat before using force to defend yourself.

However, there are certain conditions that must be met for the use of force to be considered lawful under Florida law:

Understanding the Difference Between Blue Collar and White Collar Crimes in Florida

March 18, 2024 | Michael B. Cohen, P.A.

In the realm of criminal law, offenses are often categorized into two main types: blue collar crimes and white collar crimes. These classifications not only distinguish the nature of the offenses but also shed light on the socioeconomic backgrounds of the individuals involved. In Florida, a state known for its diverse demographics and bustling economy, understanding the difference between these two categories is essential.

Blue collar crimes typically refer to offenses committed by individuals from working-class backgrounds, often involving physical force or direct confrontation. These offenses can range from theft, burglary, and assault to drug-related crimes and vandalism. In Florida, with its vibrant urban centers and bustling communities, instances of blue collar crimes are unfortunately not uncommon. From Miami to Orlando and Tampa to Jacksonville, law enforcement agencies grapple with addressing these offenses while striving to maintain public safety.

On the other hand, white collar crimes are characterized by non-violent, financially motivated offenses typically committed by individuals in positions of trust or authority. These offenses include embezzlement, fraud, insider trading, money laundering, and identity theft. In Florida, with its thriving business sectors and a significant presence of financial institutions, white collar crimes pose a considerable challenge. Cities like Miami, with its bustling finance and real estate industries, often find themselves at the forefront of combating these sophisticated offenses.

Legal Consequences of Tampering With Evidence in Florida

February 25, 2024 | Michael B. Cohen, P.A.

In the state of Florida, tampering with evidence after committing a crime can lead to severe consequences, exacerbating the legal ramifications faced by the perpetrator. The act of tampering with evidence, whether it involves destroying, altering, or concealing it, is considered a serious offense that undermines the integrity of the judicial process and obstructs justice. Let’s delve into some of the possible repercussions of engaging in such actions within the Sunshine State.

First and foremost, tampering with evidence in Florida can result in criminal charges being brought against the individual responsible. Depending on the nature and severity of the crime involved, penalties for evidence tampering can range from misdemeanors to felonies. This could mean hefty fines, probation, or even significant jail time, further compounding the legal troubles stemming from the initial offense.

Moreover, tampering with evidence can significantly weaken the defendant’s credibility in court. Judges and juries tend to view such actions as indicative of guilt and a consciousness of wrongdoing. This can severely undermine the defendant’s case and may lead to harsher sentencing if convicted.

How a Criminal Defense Lawyer Can Help Fight Fentanyl-Related Charges

January 21, 2024 | Michael B. Cohen, P.A.

In recent years, Florida has seen a surge in cases related to the powerful synthetic opioid, fentanyl. Law enforcement agencies are cracking down on fentanyl-related offenses, leading to an increased number of individuals facing serious legal consequences. For those caught in the web of fentanyl-related charges, the assistance of a skilled criminal defense lawyer becomes paramount.

One of the primary challenges in defending against fentanyl-related charges is the severity of the penalties associated with these offenses. Florida has strict laws that classify fentanyl as a Schedule II controlled substance, with penalties ranging from hefty fines to lengthy prison sentences. A seasoned criminal defense lawyer is well-versed in these laws and can navigate the complexities of the legal system to build a strong defense strategy.

One key aspect a defense lawyer may explore is challenging the evidence presented by the prosecution. Fentanyl cases often involve complex forensic evidence, and an experienced attorney can scrutinize testing procedures and results to identify any potential flaws or inconsistencies. This could involve questioning the chain of custody of the evidence, challenging the reliability of testing methods, or raising doubts about the accuracy of the results.

Understanding Credit Card Fraud Charges in Florida

January 7, 2024 | Michael B. Cohen, P.A.

Facing criminal charges is a daunting experience, and credit card fraud is no exception. In the state of Florida, being charged with credit card fraud triggers a complex legal process. Understanding the implications and potential consequences is crucial for protecting your rights and freedom.

The Legal Landscape:

Credit card fraud in Florida is a serious offense, encompassing various activities such as unauthorized card use, identity theft, and creating counterfeit cards. If charged, the legal journey typically begins with an arrest, followed by formal charges filed by the state. The severity of the charges depends on factors like the amount of money involved, the number of victims, and prior criminal history.