George Reres

What Are the Consequences of Assaulting a Police Officer?

In most cases, assault in Florida is a second-degree misdemeanor. If you are charged with assault in or near the Fort Lauderdale area, now or in the future, you must be advised and represented by a Fort Lauderdale criminal defense attorney, and you must contact that attorney immediately.

Battery and assault are separate, distinct crimes in Florida. Assault happens when someone makes a threat that causes a victim to fear imminent harm. Assault requires no physical contact. When someone makes intentional, unwanted physical contact with a victim, the charge is battery.

While battery and assault are distinct and separate offenses in this state, in some cases, a suspect may be charged with both assault and battery if a threat (an assault) was followed with intentional, unwanted physical contact (battery).

But what is the charge when assault or battery is committed against a law enforcement officer in this state? How can you legally defend yourself if you are charged with assault or battery against a police officer, and when should you contact a Fort Lauderdale assault and battery lawyer?

What Are Florida’s Assault and Battery Laws?

Prosecutors in Florida may file one or more of these five charges against a defendant who has been accused of assault and/or battery in this state:

1.  Simple assault in Florida is typically charged as a second-degree misdemeanor that can be penalized upon conviction with jail time and a fine.
2.  Aggravated assault is usually charged as a third-degree felony that may be penalized upon conviction with a substantial fine and a number of years in prison.
3.  Simple battery is typically charged as a first-degree misdemeanor that may be penalized upon conviction with jail time and a fine.
4.  Felony battery is usually charged as a third-degree felony that may be penalized upon conviction with a substantial fine and a number of years in prison.
5.  Aggravated battery is usually charged as a second-degree felony that may be penalized upon conviction with up to fifteen years in prison and a fine of up to $10,000.

The law in Florida also allows a prosecutor to request harsher penalties for a defendant who has previous felony convictions or a defendant deemed by the court to be a career criminal. Penalties are also harsher when an assault or battery has been committed against a police officer.

Who is Defined as a Police Officer in Florida? Who Receives Similar Legal Protection?

The FBI reports that in 2020, more than 60,000 police officers in the United States were victims of assault or battery. Under the law in Florida, the following persons are either considered police officers, or they receive the same legal protection against assault and battery as police officers:

1.  all local, state, and federal law enforcement officers, correctional officers, law enforcement investigators, and parking enforcement officers
2.  Florida Wildlife Conservation Commission employees, Florida Department of Environmental Protection employees, and Florida Department of Law Enforcement employees
3.  firefighters, emergency medical care providers, public transit workers (such as train operators and bus drivers), and security officers working on college campuses

What Are the Penalties for Assault or Battery on a Police Officer?

In Florida, simple assault on a law enforcement officer is a first-degree misdemeanor that may be penalized on conviction with a fine and a prison sentence. Battery on a police officer in Florida is a third-degree felony punishable on conviction with years in prison and a substantial fine.

Aggravated assault on a police officer is a second-degree felony. A conviction is punishable with up to fifteen years in prison and a $10,000 fine. Aggravated battery on a police officer is a first-degree felony punishable on conviction with up to three decades in prison and a $10,000 fine.

Additionally, upon conviction, aggravated assault on a law enforcement officer in Florida carries a mandatory minimum sentence of three years in prison, and aggravated battery on a law enforcement officer in this state carries a mandatory minimum sentence of five years in prison.

How Will a Defense Lawyer Help You?

Several defenses may be available to a suspect who is charged with assault or battery on a law enforcement officer. For example, the law in Florida allows someone to act in self-defense if a law enforcement officer uses excessive force, but the law does not permit anyone to resist arrest.

Another defense is incidental or unintended touching, which could happen if:

1.  Someone acted to avoid harm or injury.
2.  Someone acted to defend against an attack from a third party.
3.  Someone moved but did not intend to make contact with anyone.
4.  Someone’s actions or movements were involuntary pain reflexes.

A Fort Lauderdale criminal defense attorney may also seek to have an assault or battery against a police officer charge reduced by arguing that the defendant was not aware that the purported victim was a law enforcement officer (or subject to the same legal protection as a police officer).

What Are Your Rights?

If the police arrest you and you are charged with battery and/or assault, it is crucial to exercise your right to remain silent as well as your right to have an attorney represent you. You cannot be forced to say anything to police officers.

If law enforcement officers ask to interrogate you, you can say something like “I would rather not answer your questions until my attorney can be present,” and then say nothing more. You’ll also need to contact a Fort Lauderdale assault and battery lawyer at your very first opportunity.

Why Should You Choose George Reres Law?

If you are charged in South Florida with assault and/or battery, immediately contact the award-winning attorneys at George Reres Law. Our team will protect your legal rights, fight for your freedom and for the justice you need, and bring your case to its best possible conclusion.

A criminal defense lawyer at George Reres Law will review the state’s case against you and develop an effective defense. Your lawyer will then work to have the case dropped or dismissed, negotiate an acceptable plea deal, or fight on your behalf before a jury for a not guilty verdict.

If you are charged with assault and/or battery in the Fort Lauderdale area or anywhere in South Florida – now or in the future – contact George Reres Law as quickly as possible. Call our offices at 954-543-1186 to schedule an in-depth, no-cost, no-obligation evaluation of your case.

What is a Bad Check?

When you cash a check, the bank will deposit the money into your account, typically within a few hours or days. Behind the scenes, the bank then takes time to verify that the funds are in the other party’s account. A bad check is a payment method that is fake, fraudulent, or attached to a bank account that doesn’t have sufficient funds to cover the transaction. If someone writes you a bad check, but you have already withdrawn and used the money, the bank may come after you to repay them the money they gave you upfront.

Bad checks can be made intentionally, like a scammer using a fake bank account number rather than a real one. Checks may also be considered bad if the signature is fake or altered. In any case, the payee is on the hook for any money they deposited and used via a bad check. If you have cashed a bad check and are worried about the legal consequences, call George Reres Law, P.A. today at 954-543-1186 for more information.

What Are Online Payment Scams?

Due to the rise of work-from-home jobs, more and more people are finding themselves in the middle of online payment scams. These scammers pretend to hire remote workers for work-from-home jobs, promising them easy money and free work equipment. The scammers will then send a check to the worker, asking them to deposit the amount into their account to pay for computers and other work equipment.

In some cases, the scammer may ask the worker to repay them some of the money, claiming that they “overpaid” the victim and need to be refunded. However, because the check is fake, it will inevitably bounce, and the victim will be held liable for any money withdrawn from their account. Because scammers often use fake phone numbers and email addresses, tracking them down is nearly impossible.

What happens if someone writes you a bad check and you cash it?

If someone writes you a check to cash, your bank will either cash the check in full or give you a limited amount immediately, depending on the payment total. Sometimes, the check does not go through and “bounces.” This is most often because the person who wrote the check doesn’t have enough money in their account to cover the total, but sometimes it’s due to the check being stolen or not even original.

When this occurs, the first consequence you will face is paying the bank back. If there’s no reason to believe you knew the check was bad, this should be the end of it. However, if the bank representatives suspect you knew the check was worthless and still cashed it, you could face fines and jail time. In many cases, you can explain your circumstances to the bank with the help of a lawyer to avoid charges being brought against you. If you have cashed a bad check, it is essential to reach out to an attorney immediately for legal counsel.

When Are You Likely To Be Arrested?

If this is the first time you cashed a bad check, your bank will likely not take action once you repay them. The bank might investigate your check-cashing habits if this happens two or more times. In that case, the police will look at the details and determine if you had prior knowledge that the check was bad.

For instance, if the check was larger than usual – such as extra money for a small item you sold – the police will see this as suspicious. Since most people don’t pay more than required, you should have assumed the check could be bad. In addition, if the person who wrote the check has a history of writing bad checks or suggests they don’t have the money to cover it, you could be in legal trouble for cashing it.

What Are the Most Common Types of Check Fraud?

Checks contain a lot of personal information about the person they are coming from. There are different types of check fraud that you could be charged with if law enforcement officers find evidence.

The most common types of check fraud include:

• Theft: stealing checks and using them fraudulently
• Washing: chemically cleaning check paper to access data
• Paper hanging: writing checks on closed accounts
• Forgery: using a fake signature on a check
• Counterfeiting: printing fake checks
• Payroll fraud: using another person’s paychecks
• Check kiting: accessing your funds from one account before the bank gets to them from a different account

Any of these check fraud charges carry severe penalties, including jail time and hefty fines. If you are concerned about being charged with check fraud, contact an attorney today.

What Can You Do After Cashing a Bad Check?

In most cases, the worst part about unknowingly cashing a bad check is that you now don’t have the money you thought you did. You’ll need to quickly pay the bank back and then contact the person who wrote the check to determine if they didn’t know it wouldn’t be covered or were trying to rip you or the bank off. If you have been scammed, file a police report to advise law enforcement about the scammers. While it is unlikely you will get the money back, creating a paper trail is good evidence to have in case anyone tries to press charges against you in the future.

If the police have contacted you about a bad check that you cashed, you need to hire a criminal defense attorney immediately to avoid jail and fines. Call George Reres Law, P.A. at 954-543-1186 or fill out an online form to talk to a lawyer today.

When Do You Have the Right to Remain Silent?

Even if you have never been arrested before, you’re likely familiar with Miranda Rights, which start with the reminder that you have the right to remain silent. However, this doesn’t mean you can stay silent in every situation where you interact with the police. Simply put, you have the right to remain silent once you have been placed into custody and the police have read your Miranda Rights before interrogating you. Any time you find that you’re not free to leave, such as being restrained with handcuffs or held in the backseat of a police car, you have the right to remain silent.

If you’re not in custody, the police do not need to read you the Miranda Rights, however, you still have the right to remain silent. The difference is that if you are in custody and make statements without being read your Miranda rights, your lawyer may be able to have your statements suppressed. But if you make statements after being read your rights, your statements will be used against you later. If you are facing charges, contact George Reres Law, P.A. at 954-543-1186 as soon as possible.

What Are Your Miranda Rights?

By law, police officers are required to read you your Miranda Rights before questioning you if the questions are reasonably likely to lead to incriminatory answers. However, understanding those rights ahead of time can help you if you are ever detained or arrested.

Your Miranda Rights are as follows:

• You have the right to remain silent. Anything you do say can and will be used against you in court.
• If you start answering police questions, you can stop answering at any time.
• You have the right to talk to a lawyer before questioning and have them present during questioning. If you are unable to afford an attorney, the court will appoint you one.
• If you start to answer questions without a lawyer and then decide you do want a lawyer, you can stop the questioning and request a lawyer at any time.

In most cases, a police officer will read you your rights while you are being arrested or before you are questioned. However, if you are not in police custody, officers may not read you your rights before asking you questions. Even if an officer does not read you your rights, you still have the right to remain silent in police custody.

What Should You Say When Being Questioned by the Police?

When talking to the police, you should always have an attorney present. Even if you are not guilty of the crime you are being accused of or charged with, having a legal representative on your side is essential.

If a police officer questions you at any point, say one of the following phrases:

• “I am invoking my 5th Amendment right. I do not wish to speak without legal counsel.”
• “Am I under arrest?”
• “Am I free to leave?”
• “I do not consent to any searches.”

If an officer asks your name, you must identify yourself. However, you do not have to answer any further questions under the law. By asking if you are free to leave, you are forcing the police officer to decide whether there is enough evidence to detain or arrest you. If not, simply walk away and contact our legal team for further assistance.

Should You Cooperate With Police After Remaining Silent?

If you are in police custody, you will likely remain in custody even after invoking your right to silence. Just because you have elected to remain silent does not mean you should provoke officers or not comply with them. It is essential to always remain physically cooperative with police officers even if you are remaining silent. Not doing so can add further charges to the ones you are facing, even if you believe that the officers are being unfair or unjust.

What if Your Rights Were Not Read?

By law, officers are required to read you your Miranda Rights before asking you questions if you are in custody. However, some officers may neglect to do this or forget to read you your rights. If this happens, it’s possible that whatever you say to law enforcement officers in their custody cannot be used against you at trial. It’s important to note, however, that all other evidence collected against you can be used to convict you in court.

There are some exceptions to this rule. For instance, if a life-or-death emergency happens and officers do not have time to read you your rights, the court may grant an exception. In that case, if you choose to answer an officer’s questions, what you say could be used against you.

How Can You Protect Yourself?

If you’re being interrogated by police and are in custody, it’s critical that you immediately say you are using your right to remain silent. If you’re not in custody, but the police are asking you questions, you can still protect yourself by saying that you are uncomfortable answering questions without an attorney present to advise you. In both situations, you should request to speak to your lawyer before you talk to the police.

If you don’t have a Fort Lauderdale criminal defense lawyer yet, call George Reres Law, P.A., at 954-543-1186 or contact us online to get the legal help you deserve today.

What Is Second-Degree Murder?

Second-degree murder is an intentional homicide that was not premeditated. This means an individual acted impulsively or with clouded judgment, which led to one or more targeted deaths. Since it was not planned ahead of time, it’s considered a slightly less severe charge than first-degree murder. In many cases, second-degree murder occurs while committing a felony crime like burglary or robbery.

However, the law states that this offense displays a shocking disregard for human life since a person accused of this likely meant to seriously injure or kill someone. For this reason, the penalty is severe and often includes life in prison and fines of up to $10,000. Hiring a criminal defense lawyer may give you a chance to reduce your penalties or get the case dismissed, so talk to Florida attorneys as soon as you’re arrested for second-degree murder. Contact our firm today at 954-543-1186 for assistance with your case.

What Is Voluntary Manslaughter?

Manslaughter is also homicide, but it’s not intentional in most cases. There are two types of manslaughter: voluntary and involuntary. The latter often refers to accidents involving negligence, such as fist fights where one person accidentally kills another person.

On the other hand, voluntary manslaughter refers to crimes where the defendant was provoked or made a quick decision to severely harm or kill someone else in the heat of passion. For instance, if someone witnesses their spouse cheating on them and they attack the other person in the room, the homicide may be ruled voluntary manslaughter.

This can lead to up to 15 years in prison and a fine of up to $10,000. Prison time for this offense may be higher – up to 30 years – if the victim was elderly or a child or if the defendant used a firearm or other weapon. In most cases, voluntary manslaughter involves an emotional or irrational reaction from the individual being charged.

What’s the Difference Between Second-Degree Murder and Voluntary Manslaughter?

Homicide is among the most serious accusations to be charged with. However, not all homicide charges are the same. Some are more severe than others and, therefore, have harsher penalties, such as when you compare second-degree murder to voluntary manslaughter. The main difference between these two charges is the motivation behind them, leading to different punishments. A second-degree murder charge is often given to individuals who are committing another crime along with the murder. Voluntary manslaughter is typically assigned in cases when someone kills irrationally or without thinking.

If you have been accused of either of these offenses in Florida, you must talk with a Fort Lauderdale criminal defense attorney immediately to fully understand the legal and financial implications and to create a solid defense strategy. Both charges can come with serious repercussions that not only impact your present but your future as well. A criminal conviction can make it challenging to apply for jobs, secure housing, or get insured. Contact our team today for assistance in reducing or removing the penalties against you.

How Are Murder Charges Classified?

Being charged with murder is a serious offense no matter what. However, the degree of the charge can change the penalties you may face when convicted. Prosecutors will typically examine every case individually before assigning the murder charge they see fit.

Below are the degrees of murder charges and the differences between them:

First-Degree Murder

First-degree murder is the most severe murder charge a person can be convicted of. Most individuals charged with first-degree murder have been proven to show intent. Premeditated, willful, and planned murders are typically first-degree murders. An individual convicted of first-degree murder can face life in prison or even the death penalty, depending on the state.

Second-Degree Murder

Second-degree murder often happens while committing another crime, typically a felony offense. In most cases, a second-degree murder conviction leads to life in prison without the possibility of parole.

Third-Degree Murder

Third-degree murder is the least serious of the murder charges. It can include all other homicides, including homicides committed by recklessness or inattention. For instance, a vehicular homicide could constitute involuntary homicide, leading to a third-degree murder charge.

What is Involuntary Manslaughter?

Involuntary manslaughter is classified as the least serious of offenses pertaining to murder. Most often, involuntary manslaughter is homicide with no premeditation and without the intent to kill. An individual’s behavior may be reckless or dangerous, but it is not classified as an intent to kill. Penalties vary for involuntary manslaughter depending on the specific circumstances of the case. However, individuals can face fines and jail time.

For instance, if someone discharges a firearm into a crowd without the intent to kill, they could be charged with involuntary manslaughter. Although they did not intend to commit homicide, their reckless and careless behavior led to death. Similarly, drunk driving resulting in a fatal accident could be considered involuntary manslaughter. However, these cases are often categorized as vehicular manslaughter, which is a category of its own.

Do You Need a Florida Criminal Defense Lawyer?

Whether you were charged with second-degree murder or voluntary manslaughter, you could face several years in prison and costly fines. If you want a chance to tell your side of the story and possibly get your charges reduced or dismissed, you’ll need an experienced lawyer by your side. An attorney can assist in negotiating with prosecutors or defending your case in court to get the outcome you deserve.

It’s best to hire a Fort Lauderdale criminal defense attorney who has successfully handled numerous cases involving serious charges, such as murder or manslaughter. Call George Reres Law, P.A. today at 954-543-1186 or reach out to us online to talk to a compassionate, skilled lawyer about your case.

Does Experience Matter When Hiring a Defense Attorney?

When you hire a lawyer, it’s critical that you choose someone who has experience handling cases like yours. This ensures they fully understand the charges against you, the penalties you face, and the right defense strategy to take in court. So if you are charged with a federal crime, your best bet is to hire a federal defense attorney. After all, the courts, judges, and penalties differ for federal crimes compared to crimes at the state level. Check out some examples of these differences, and then look for an attorney who will provide the legal support you need.

Call George Reres Law, P.A. today if you are facing federal charges. Our team would be happy to review your case and determine the best legal path for you. Don’t put your future into anyone else’s hands. Call 954-543-1186 for more information and to see how we can help you.

What Does a Federal Defense Attorney Do?

When you are accused of a federal crime, your case is heard at a Federal District Court. Federal cases are unique because the sentencing options are outlined in the Federal Sentencing Guidelines. Federal sentencing options often consider the criminal history of the individual and the severity of the alleged offense. However, these guidelines are not binding, and a federal judge can decide the length of the sentence at their discretion.

Unfortunately, many federal charges have mandatory minimum penalties attached. These mandatory minimums can shackle individuals with lengthy sentences in federal prison. Because of this, federal criminal cases are very serious and require a professional attorney with knowledge of the federal criminal circuit. A federal attorney will review the charges against you and strategize the best possible defense if the case goes to trial. An attorney can also negotiate with prosecutors to potentially minimize or remove penalties against you, as well as advise you on how to pursue an appeal.

Charges in federal court are much different than charges in state court. If you are charged with a federal crime, always choose a lawyer with experience in federal criminal cases. Our team has extensive knowledge and experience in the federal crime world, so we know exactly how to handle your case.

What’s the Difference Between a State and Federal Crime?

First, it’s crucial to understand how your charge differs from a state criminal charge. In short, state crimes are committed in one state, which means your penalties are based on that state’s laws. On the other hand, federal crimes are usually committed in more than one state, turning them from state to federal crimes.

Additionally, you will be charged at the federal level if you commit a crime against a federal system. For instance, if you committed a crime involving mail, that’s a federal crime since the postal system is a federal entity. Other examples of federal crimes include terrorism, drug trafficking, identity theft, money laundering, sex offenses, and white-collar crimes. If you need clarification on what kind of crime you were charged with, talk to a lawyer about your case today.

What Are Federal Crimes?

Most federal crimes are crimes that are committed in more than one state. However, crimes committed at the federal level can vary and may also include other significant criminal activities. Most white-collar crimes, for instance, are tried at the federal level.

Other common federal crimes include:

• Drug trafficking
• Money laundering
• Computer crimes
• Counterfeiting
• Treason
• Drug offenses
• Sex crimes
• Violent crimes
• Violation of security laws
• Violation of interstate commerce
• Weapons charges

After an arrest, you will likely be arraigned and told about the charges against you. If you do not accept a plea agreement with the prosecution, you will be given a trial date to go before a judge. It’s essential to hire a federal defense attorney the second you are arrested to protect your rights and negotiate with prosecutors.

Are State and Federal Crimes Prosecuted in the Same Courts?

Now that you know the difference between state and federal crimes, it might not be surprising to realize that different courts and judges handle them. State crimes are handled by lower courts, which can include municipal or county courts. You might have different judges at each hearing throughout your case.

But with federal cases, the United States District Court will handle your trial. The judge may be a United States District Judge or a Federal Magistrate Judge. In most situations, you will even see the same judge throughout the legal process, regardless of the stage of your case. It’s best to hire a federal defense attorney who has experience handling cases in the federal court system and is familiar with the judges there.

Are the Penalties Different for State vs. Federal Crimes?

Another reason you should hire a federal defense lawyer for your federal case is because you’re likely facing different penalties than you would for a state crime. These penalties are generally harsher, so the fines and prison time you could get are more severe.

You also don’t typically have a chance of parole when convicted of a federal crime. It’s essential to have an attorney by your side to defend your case and negotiate lower penalties if you are convicted.

How Can a Federal Defense Attorney Help Me?

Federal defense attorneys have years of experience handling federal criminal cases. Without that experience, a lawyer may not be able to get you a plea agreement or win a case in your defense. Dealing with the federal court is much different than dealing with the state court. Whether you were charged with a state or federal crime, you deserve the right lawyer for your case. Call George Reres Law, P.A. at 954-543-1186 to discuss your case today.

Have You Been Indicted or Charged With a Crime in South Florida?

If you’ve been indicted or charged with a criminal offense in South Florida, or if that happens to you in the future, you are going to need the advice and services of a Fort Lauderdale criminal defense attorney, and you will need to contact that attorney’s office as quickly as possible.

In the State of Florida, what is the difference between a criminal complaint, criminal information, and a criminal indictment? If you are indicted or otherwise charged with a crime in this state, what will a Fort Lauderdale criminal defense lawyer do on your behalf?

If you’ll continue to read this brief discussion of your rights and the criminal justice system in Florida, you will learn the answers that, now or in the future, you or someone you love may need.

What is a Criminal Complaint?

When someone wants to report a crime in Florida, that person must file a complaint with the police department or sheriff’s office in the city or county where the criminal act was allegedly committed. That local law enforcement agency will investigate the criminal complaint.

An investigation may find that no crime happened or that the complaint is about a civil rather than a criminal matter. If the police agency finds probable cause to believe that a crime in fact did occur, the case will be forwarded to the State Attorney’s Office.

Usually, the State Attorney’s Office will examine the case to determine if the evidence is sufficient to bring charges and move forward with a criminal prosecution. But in some cases, as explained below, the State Attorney’s Office may ask a grand jury to issue an indictment.

What is “a Criminal Information?”

In Florida, most criminal charges are filed without an indictment by a grand jury. Prosecutors in Florida generally use grand juries only for violent felony cases, and grand juries are required by the law in this state only for capital (that is, death penalty) cases.

In most instances, when the State Attorney’s Office reviews a case, that review determines if there is enough evidence to move forward with a criminal prosecution. If there is, the State Attorney’s Office will submit to the court a formal charging document called an “information.”

The information spells out the charge or charges against the defendant. At a preliminary hearing, the defendant’s lawyer may cross-examine witnesses and offer evidence on the defendant’s behalf. Preliminary hearings determine if the prosecution has demonstrated probable cause.

If You Are Charged With a Crime

Probable cause may be defined as reasonable grounds for believing that a defendant has perpetrated a crime. If you are charged with a criminal offense in South Florida, you will be brought to magistrate’s court for a preliminary hearing, where a prosecutor must prove only that there’s enough evidence – that there’s probable cause – to move forward with a criminal trial. To establish probable cause, there must be sufficient evidence or facts to lead a reasonable person to believe that a crime has occurred or is ongoing. The level of certainty required is greater than mere suspicion but less than beyond a reasonable doubt, which is the standard used in criminal trials.

If your criminal case is pending after you’ve been arrested and charged, you must act swiftly to protect yourself and your rights. Contact a Fort Lauderdale criminal defense attorney – at once – who will fight aggressively on your behalf and cast doubt on the prosecution’s case against you.

How Does a Grand Jury Work?

You may be charged with a criminal offense in Florida by an information or by an indictment. Informations are issued by the State Attorney’s Office, but an indictment is issued only by a grand jury. Grand juries are entirely unlike trial juries. They are completely different things.

A trial jury’s job is to determine a defendant’s innocence or guilt, and at a criminal trial, the prosecutor’s task is to prove the defendant’s guilt beyond a reasonable doubt. The role of a grand jury, however, is only to determine if there’s “probable cause” to prosecute the defendant and proceed with a criminal trial.

If a Florida prosecutor is required to or chooses to seek an indictment, the case is presented to a grand jury. To win that indictment, the prosecutor may interrogate witnesses and present evidence to the grand jurors.

From fifteen to twenty-one individuals comprise a Florida grand jury. Unlike trial juries in this state, which must be unanimous, it takes only twelve grand jurors to issue a criminal indictment. Media coverage of grand juries isn’t allowed, and cases may not be discussed by jurors in public.

What Are Your Rights at Grand Jury Proceedings?

Essentially, a grand jury is a tool of the State Attorney’s Office, and there will be little that you can do – or that your Fort Lauderdale criminal defense lawyer can do on your behalf – during a grand jury proceeding. For example, you don’t have a right to offer evidence to a grand jury.

Moreover, your defense attorney is not allowed to cross-examine those who testify to a grand jury. Florida’s grand juries are known for their secrecy, and a defendant could conceivably be indicted without even knowing that he or she is the subject of a grand jury investigation.

How Can You Choose the Right Defense Lawyer?

This cannot be stressed strongly enough: If you’re charged with a crime in the Fort Lauderdale area or anywhere in South Florida, you must be defended by an attorney who has handled similar cases successfully and knows how to bring your own criminal case to its best possible resolution.

The award-winning criminal defense team at George Reres Law will handle your defense with diligence, dedication, and determination. We will review the charge, examine the evidence, meet with the witnesses, and develop an appropriate, aggressive, effective strategy for your defense.

If you’re charged with a crime or under investigation for a crime, we will provide a free, in-depth evaluation of your case with no obligation. You will learn how the law applies to your own situation, and you will receive personalized advice about your rights and options as a defendant.

We know what it takes to get positive results for our clients. To learn more, or if you are charged with a crime anywhere in South Florida, now or in the future, reach out to George Reres Law by calling our Fort Lauderdale offices at 954-543-1186.

If a friend or family member shows up at your door and asks to stay for a few days, you’ll most likely say yes. But what happens if the police arrive and demand to know the current location of your new guest because they’re wanted for a serious crime? Can you get into legal trouble? Harboring a fugitive in Florida is a crime that can lead to severe financial and legal consequences, and you’ll need to know your rights to mount a successful defense.

Who is a Fugitive?

A fugitive is a person who is facing prosecution or punishment for a crime and is attempting to evade law enforcement. Generally, the fugitive has charges against them or a warrant out for their arrest, and they are trying to avoid being taken into custody by the police. They may have fled after being questioned about a case or failed to attend a hearing after getting a bench warrant. Individuals who have escaped from jail or prison are also considered fugitives.

Some fugitives may be desperate or dangerous, especially if they have committed a serious crime, and face significant consequences if arrested. Helping these individuals can be hazardous and may put you or your family in physical danger, not to mention the legal ramifications you can face for harboring a fugitive.

What Does It Mean To Be Accused of Harboring a Fugitive?

It’s not always clear if someone is a fugitive. They may appear as a friend or family member asking for cash, transportation, or a place to stay for a while. To be charged with harboring a fugitive, you must be aware that they are attempting to evade justice and provide them with some variety of aid, such as:

• Shelter
• Money
• A vehicle or actual transportation to another location
• Any assistance that could help them avoid law enforcement

Knowledge and intent are crucial factors in an accusation of harboring a fugitive. Simply providing help to someone is not enough to warrant a criminal charge. The prosecutor must prove that you knew the individual had escaped from custody or had a warrant out for their arrest.

What Consequences Could You Face?

It is critical to get professional legal help if you have been charged with harboring a fugitive since the penalties for this crime are severe. The consequences for a conviction vary depending on the details of the case and whether you are facing state or federal charges or both.

Florida Penalties

Under Florida statutes, a person who knowingly harbors a fugitive is guilty of a third-degree felony. If convicted, you could face up to five years in prison and a $5000 fine.

You could also be charged with Accessory After the Fact if you aided a fugitive who committed a felony. The penalties for Accessory After the Fact are based on the severity of the original felony charge because it is a derivative crime. In most cases, the penalties for this crime are two levels lower than the original felony offense level committed by the fugitive, as assigned by Florida’s Criminal Punishment Code.

Federal Penalties

In addition to state charges, you could be charged with a federal offense if the fugitive has a federal arrest warrant or escaped after a conviction for a federal crime. The exact penalties for this crime are based on the circumstances of the case but can be as much as ten years in prison, with thousands of dollars in fines.

What Are Your Defense Options if You’ve Been Accused of Harboring a Fugitive?

An experienced criminal defense attorney can help you defend yourself from the charge of harboring a fugitive. In these cases, it is vital to remember that the burden of proof falls on the prosecution to show beyond a reasonable doubt that the following facts are true:

• The person you harbored had a warrant out for their arrest or had escaped from custody.
• You knew the individual was a fugitive from justice.
• You took specific steps to aid the fugitive.
• You acted with the intent to help the fugitive avoid arrest by the authorities.

If you assisted a fugitive and only found out later that they were on the run from the law, you still may be able to defend yourself from charges. Options include showing that you stopped helping them once you found out about their warrant or proving you took steps to help in their capture, such as informing the police of their whereabouts. You may also be acquitted if you can show that you acted out of fear for your safety due to threats made by the fugitive.

Florida Harboring a Fugitive Exemption for Close Family Members

Florida is one of a few states that grant an exemption to prosecution for harboring a fugitive if the individual who was harbored was a qualifying close family member. This means the state can’t charge you if you protect your spouse, parent, grandparent, child, or grandchild from apprehension by the authorities.

However, this rule does not apply if the fugitive is accused of certain crimes, such as murdering a minor or committing child abuse. It’s also important to note that federal law does not grant this exemption, so you could still potentially face federal charges.

How Can a Criminal Defense Attorney Assist with Your Case?

It can be scary and frustrating when your kind-hearted attempts to help a friend or family member result in criminal charges. However, it’s important to remember that the prosecution only has a valid case if you knew the person you were helping was a fugitive. You also cannot be charged under Florida state law for harboring a close family member in most cases, regardless of whether or not you knew about their warrants.

Our skilled defense lawyers at George Reres Law, P.A. can help if you have questions about a harboring a fugitive charge. Call our Fort Lauderdale law firm at 954-543-1186 to learn more.

What Charges Can You Face for Manslaughter?

Manslaughter is a homicide charge in which someone is accused of killing another person without malicious intent. In simple terms, being charged with manslaughter means your actions caused someone’s death, even if you did not intend to kill them. This charge is less serious than murder because it does not involve premeditation but can still result in years of prison time.

Understanding the varieties of manslaughter charges and the potential penalties you could face is vital if you’ve been arrested for this crime in Florida. The state’s statutes regarding manslaughter are complex, and knowing when you could be facing a first, second, or third-degree felony charge can quickly become confusing. Trusted counsel for driving under the influence can explain what you need to know about manslaughter. Contact our office today for the knowledgeable legal counsel you need.

What Are the Categories of Manslaughter in Florida?

Technically, Florida does not have first and second-degree manslaughter charges. However, you can be charged with a first or second-degree felony based on the category of your manslaughter charges and if there are any aggravating factors.

Voluntary or Involuntary Manslaughter

Some states clearly differentiate between an unpremeditated killing that was purely unintentional and one where the accused intended to harm the victim. These crimes are known as involuntary and voluntary manslaughter, respectively. A crime of passion where a person becomes enraged and makes a split-second decision to stab someone could be an example of voluntary manslaughter. The defendant intended to hurt or kill the victim in the moment, but it was not a planned action and was the result of a strong emotion. Involuntary manslaughter covers most accidents where a person acted negligently or recklessly and caused a death but had no intent to do so.

Under Florida statutes, there is no legal differentiation between involuntary and voluntary manslaughter, and both are charged as a second-degree felony. However, in court, the judge or jury will likely take all circumstances of the homicide into consideration. Cases involving involuntary manslaughter often result in lower penalties than voluntary manslaughter cases. The maximum penalties for a second-degree felony are 15 years in prison, up to 15 years of probation, and a fine of $10,000.

Vehicular or Vessel Homicide

This type of manslaughter charge may be applied if an individual engages in the reckless operation of a motor vehicle or a boat in Florida, including driving under the influence of drugs or alcohol (DUI), and it results in the death of another person or unborn child. Vehicular or vessel homicide is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Additionally, state statutes allow the court to sentence the person to serve 120 hours of community service in a hospital or trauma center that frequently treats victims of car accidents.

The charges for vehicular or vessel homicide can be increased to a first-degree felony if both of the following are true:

• The defendant knew or should have known they were involved in an accident.
• The defendant failed to render aid, seek medical assistance for victims, or inform necessary authorities of the accident.

Aggravated Manslaughter

Aggravating factors are circumstances in the case that can result in an enhanced charge. Aggravated manslaughter is a first-degree felony, and the potential prison time for a conviction increases dramatically to up to 30 years.

You could be charged with aggravated manslaughter if the victim was any of the following:

• A police officer, firefighter, emergency medical technician (EMT), or paramedic who was on the job at the time of the incident.
• An elderly or disabled individual.
• A child under the age of 18.

Other situations that could result in aggravated manslaughter charges include using a firearm or other deadly weapon in the commission of the crime and having a history of violent crimes.

Other Varieties of Manslaughter

Florida statutes specify three other types of manslaughter charges:

• Assisting self-murder: If an individual knowingly and deliberately helps another person to commit suicide, they can face second-degree felony charges.
• Commercial exploitation of self-murder: If a person or venue conducts an event where they are or should be aware that an individual will engage in an actual self-murder, they can be charged with a third-degree felony, which can be punished by up to five years in prison.
• Unnecessary killing to prevent an unlawful act: It is legal in Florida to take actions to protect yourself from harm if you believe your life or the lives of those around you are in imminent danger, such as shooting a person who is attacking you in your home. However, if you unnecessarily kill someone, even if they are committing or have tried to commit a felony or other unlawful act, you could be charged with a second-degree felony for manslaughter.

How Can a Criminal Defense Lawyer Help?

A manslaughter charge is extremely serious. Even if you didn’t intend to kill anyone and do not pose a danger to others, you could face first or second-degree felony charges.

Though the penalties are not as severe as they are for capital murder, they still usually include prison time and hefty fines. A skilled criminal defense attorney can evaluate your case and determine the optimal legal strategies to get your charges reduced or dismissed. However, time is of the essence because manslaughter cases can progress rapidly, and crucial evidence can be lost, forgotten, or destroyed.

If you or a loved one are facing manslaughter charges or are the subject of a manslaughter investigation, you should seek immediate legal representation. Call George Reres Law, P.A. today at 954-543-1186 to discuss your case and defense options.

What Is the Difference Between Murder and Manslaughter?

Murder and manslaughter are both considered homicide, meaning someone died due to another’s specific actions. But there are critical differences between them, starting with the fact that murder is done with malicious intent, while manslaughter is typically unintentional. As such, you will face different penalties for murder compared to manslaughter if you’re convicted in Florida. To find out what you should know about these two types of homicide, you should consult a Fort Lauderdale criminal defense attorney for the skilled legal guidance you need.

How is Murder Defined?

Murder is the illegal, intentional killing of a person. The decisive factor determining if a killing is murder is whether it was done deliberately and with malice aforethought. If the police have reason to believe you purposely killed someone or intended to cause them grievous bodily harm, then a murder charge is likely.

The disturbing moral implications of an individual possessing the intent to unlawfully take someone’s life make murder one of the most severe criminal charges possible. Subsequently, a conviction has major consequences to your life.

What Penalties Can You Face if Charged With a Murder in Florida?

If you are being tried for murder in Florida, the potential punishment for a conviction is life in prison. However, the penalties can vary significantly based on the specific murder charge brought against you and the skill of your lawyer. Understanding the charges and possible consequences involved in your case is crucial. Under state law, there are three different degrees of murder in Florida.

First-degree Murder

First-degree murder is the most serious type of homicide. If you have been charged with first-degree murder, the prosecution is contending that the act was premeditated, meaning you planned it ahead of time. You can also be charged with this crime if you kill someone while committing a felony, such as drug trafficking or carjacking.

First-degree murder is a capital felony that exposes you to the most stringent punishments. If you are convicted, you will be sentenced to life in prison with no possibility of parole. Under certain circumstances, the prosecution may even press for the death penalty because Florida is a state where capital punishment is allowed.

Second-degree Murder

Second-degree murder is also the intentional killing of someone, but the key difference from first-degree murder is that it’s not premeditated. Generally, second-degree murder is an act committed in the heat of the moment. The accused didn’t take the time to think about their actions or consider the consequences before they harmed the victim, or they were mentally unable to do so. This is known in Florida as “Murder with a Depraved Mind.” This murder charge is also possible if an individual was an accomplice to a felony act where someone was killed, regardless of whether or not they were an active participant in the killing.

The mandatory minimum sentence required by state statutes is 16 ¾ years of incarceration. If a firearm was used in the commission of the crime, the minimum charge increases to 25 years in prison. The maximum penalty is life imprisonment.

Third-degree Murder

In Florida, a third-degree murder is an unintentional and unplanned killing that occurs during the commission of a non-violent crime. If convicted of third-degree murder, you could spend up to 15 years in prison. The main exception to this rule is when an individual provides drugs to a victim, which results in their death. This unique situation can lead to a first-degree murder charge, even though the individual did not intentionally cause the victim’s death.

What is Manslaughter?

If you’re charged with manslaughter, the police believe you killed someone without malicious intent. It means your actions did lead to someone’s death, but you did not intend to kill them. Manslaughter can occur in many different ways and may sometimes be caused by obviously negligent actions. Still, without the “mens rea” (“guilty mind”) that is present in a murder, the defendant will be considered less culpable for their actions. There are two different categories of manslaughter.

Voluntary Manslaughter

Typically, voluntary manslaughter happens in the heat of the moment during situations where one party has an emotional reaction that causes them to intentionally kill someone. Common examples are bar fights and domestic disputes. Voluntary manslaughter is split by Florida state law into two categories:

• Manslaughter by Act: The defendant committed a negligent act that was unjustifiable or inexcusable, and it caused another person’s death.
• Manslaughter by Procurement: The defendant induced or persuaded another individual to perform an act that led to the victim’s death.

Involuntary Manslaughter

Involuntary manslaughter occurs when you act recklessly or negligently, leading to someone’s death, but you did not intend to harm anyone. This charge may be applied if you cause a deadly car accident by making the careless choice to speed, killing one or more people. The penalty for manslaughter is up to 15 years in prison.

How Can a Criminal Defense Lawyer Help You?

Whether you have been accused of murder or manslaughter, the penalties can be severe, and you should contact a criminal defense lawyer immediately for assistance. An experienced attorney will look for evidence that could cause the case to be dismissed. For example, the homicide may be considered excusable or justifiable, depending on the circumstances. Your lawyer may also be able to negotiate a plea deal or downward departure to reduce the penalties involved.

If your homicide case goes to trial, it is up to the prosecution to prove your guilt beyond a reasonable doubt. A skilled defense lawyer can collect evidence to support your case and protect your legal rights. To learn more about how an experienced Fort Lauderdale criminal defense lawyer can help you, call George Reres Law, P.A. at 954-543-1186.