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What is Probation?

According to Florida law, probation is a form of community control or supervision that requires an offender to adhere to court-ordered punishments for committed crimes instead of incarceration. The state recognizes probation as a privilege that may be revoked and is not considered a punitive sentence. Probation is not considered punishment. The primary purpose of this privilege is the rehabilitation of the offender and the protection of society.

Probationary terms may include:

• Reporting to a probation officer on a regular basis
• Maintaining employment throughout the probationary period
• Visits by the probation officer at work, home, school, or other locations
• Random drug and alcohol testing
• Prohibition of associating with known criminals or participation in criminal activity
• Inability to possess or carry a firearm or other weapons
• Staying within a certain geographic area and needing the Judge to approve travel
• Other terms required by the court

What are Examples of Common Probation Violations?

Probation violations occur when an offender willfully and substantially disregards the terms and conditions of their probationary sentence. It may happen in many different ways, each resulting in a specific punishment or consequence for the violation. Examples of probation violations are as follows:

• Failure to report to a probation officer
• Failure to pay fines, restitution, or court fees
• Failure to complete court-ordered programs
• Commission of new crimes
• Possession of illegal substances
• Leaving the established jurisdictions without permission
• Failure to maintain employment or education
• Association with known criminals
• Acts resulting from mental illness
• Acts resulting from negligence or ineptitude
• Failure to perform ordered community service
• Violation of a restraining order or order of protection
• Failing a drug test

Probation violations leave an offender with less protection than committing the original crime. Proceedings to decide the penalties that will accompany the violation will differ from criminal proceedings. Because the offender has already been sentenced, the following conditions are imposed:

• No statute of limitations
• Revocation of the right to a bond while awaiting violation of probation hearing
• Revocation of the right to a jury trial 
• Hearsay is admissible in a violation of probation hearing
• Offenders may be forced to testify against themselves
• Guilt is proven by preponderance of the evidence instead of beyond a reasonable doubt, a much lower burden of proof for the prosecutor to meet

How is a Violation of Probation Proven?

To prove that a violation has occurred, the prosecution must establish, by the “greater weight of the evidence,” that an offender committed the violation, which was both willful and substantial. The prosecution must provide competent evidence that supports a finding of guilt.

Florida appellate courts recognize that probation may only be revoked in instances where an offender deliberately and willfully violates one or more conditions of probation. Trial courts have broad discretion in determining a willful and substantial violation of a probationary term and if the greater weight of the evidence has sufficiently demonstrated the violation. Determining whether or not a violation has been willful and substantial occurs on a case-by-case basis.

In most cases, if the offender has made reasonable efforts to comply with the conditions of probation, a violation will not be deemed willful.

What are the Penalties of Probation Violations?

If an offender is found guilty of or admits to a probation violation, the judge must take one of the following actions:

• Revocation of probation
• Modification of probation
• Continuation of probation

Revocation of Probation

The revocation of probation is the most common penalty associated with the commission of a new crime or violation for a serious or violent felony offense. When this happens, the judge must decree the offender to be guilty of the underlying offense and impose any sentence that could have been imposed for the original offense.

If the offense does not warrant incarceration, the judge may consider a new probationary term that does not account for prior probationary time served. However, incarceration is more likely.

If the offender is considered dangerous to society or qualifies as a Violent Offender of Special Concern, a judge may impose an incarceration sentence up to the maximum penalty for the criminal charge.

Modification of Probation

Modifying probation terms is the most common consequence for first-time violators or for violators with an underlying non-violent offense. Modification may include changing the terms of supervision or extending the probationary period.

Continuation of Probation

Continuation of probation does not happen often in response to a probationary violation. When a judge finds an offender guilty of a probation violation but decides against revoking or modifying probation, they will simply admonish the offender and continue the term with a warning against further violations.

What Should You Do If You Have Violated Probation?

If you believe that you have violated the terms of your probation, you must act quickly and follow these steps:

• Contact your probation officer: You must be as transparent and proactive as possible about the violation in an effort to demonstrate that you are willing to comply with probation conditions.
• Gather documentation: Collect any evidence that supports your case, including proof of employment, enrollment in court-ordered programs, or receipts for paid fines. These documents will demonstrate positive efforts to comply with probationary terms.
• Attend all court hearings: Failure to appear in court will likely result in additional penalties and a higher likelihood of revoking your probation.

Do I Need an Attorney?

If you or a loved one have been accused of violating a probationary term, you may have more options than you know to contest or minimize potential penalties. To make the best decision for your future, call George Reres Law, PA, at 954-543-1186 or fill out a contact form to schedule a free consultation.

Knowledge Is Power When Facing Murder Charges

There are times when the seriousness of criminal allegations is not immediately apparent to those accused of crimes. This is not the case when it comes to murder charges. A conviction for murder carries serious penalties regardless of where allegations are made. That’s why critical legal considerations for defending against murder charges must be accounted for.

While the outlook of the situation may seem bleak, the reality is that there’s no such thing as an “open and shut” case. If you’re charged with murder, there are various legal strategies to avoid conviction. In fact, only just over half of all murder cases result in a conviction — so clearly, a bit of knowledge and preparedness can give you a fighting chance at avoiding conviction.

Understanding the Charges Against You

The first thing a person must do when facing murder charges is understand the allegations being made against them. Specific charges can vary by jurisdiction, just as potential penalties can differ. However, allegations related to killing another person typically fall into one of the following categories:

• First-degree murder: This charge is levied for allegations of premeditated murder or when someone dies as the result of certain felonies
• Second-degree murder: Prosecutors use this charge when a defendant allegedly killed someone through dangerous acts without regard for human life
• Manslaughter: A person can face manslaughter charges if it’s alleged that they killed someone unlawfully without intent (e.g., negligence or recklessness)
• Vehicular homicide: Prosecutors can bring this charge when a defendant allegedly caused death through the reckless operation of a vehicle

While statutes can vary by jurisdiction, these are the charges most people see when they’re accused of unlawfully taking another person’s life. However, prosecutors will sometimes overcharge a person to elicit a guilty plea during plea negotiations. This is why it’s so important to remember other key considerations when defending against murder charges. 

Presumption of Innocence

We’ve all heard the phrase “innocent until proven guilty” on television shows and in the media. However, it might not feel this way if you’re facing murder charges. Police interrogate suspects with the assumption that they’re guilty, and prosecutors frequently overlook exculpatory evidence in an effort to convict whoever the police officially accuse.

Fortunately, the behavior of police and prosecutors does not dictate what rights you’re entitled to. The presumption of innocence means that the burden of proof is on the government to prove your guilt. In reality, the defense doesn’t even have to present a case if they believe the government has failed to prove guilt beyond a reasonable doubt.

However, this is a risky move — so it’s best to speak with an attorney before making any decisions regarding your legal strategy.

State-Specific Sentencing Considerations

When defending against murder charges, it’s also crucial for you to take state-specific sentencing considerations into account. Probable penalties should play a significant role in any potential legal defense.

Let’s look at Florida law as an example. With the death penalty on the books, it may be more beneficial to engage in plea negotiations that could reduce such harsh sentencing. Additionally, the state has a mandatory life sentence minimum for first-degree murder. This reality will guide both plea negotiations and trial strategies.

It’s also worth understanding that many states — Florida included — take aggravating and mitigating circumstances into account. For instance, a person with a violent criminal record may face harsher sentencing. Similarly, mitigating factors could reduce the likelihood of severe sentencing — up to and including avoidance of the death penalty or life in prison.

Key Legal Defenses in Murder Cases

Perhaps the most critical legal consideration when defending against murder charges is the actual defense strategy employed. This will dictate the course of a trial. In some instances, it may affect whether a case ever even makes it to trial. The important thing to remember is that there are various effective legal defenses when charged with homicide:

• Self-defense 
• Stand your ground laws 
• Insufficient evidence 
• Alibi 
• Mistaken identity 
• Mental incapacity or insanity 
• Accidental death 
• Challenging felony murder charges
• Lack of criminal intent
• Involuntary intoxication

While each of these legal strategies can be highly effective, don’t fall into the trap of thinking they’re “one size fits all.” We’ve seen countless examples of individuals convicted of murder after claiming self-defense. The point is that these defenses won’t always work. The reality is that the legal strategy used in a case must be catered to the unique circumstances of that case. 

An experienced attorney can review the charges against you and help identify the best legal strategies for avoiding conviction. 

When to Hire an Attorney

Perhaps the most important legal consideration when defending against murder charges is when to hire an attorney. For many criminal cases, people instead ask if they should seek legal help, and in every instance, the answer is “yes.” When it comes to allegations as serious as murder, there’s never a time when representing yourself is a good option.

There’s an old saying that states, “A person who represents himself has a fool for a client.” While this adage may seem abrasive, the point is that a criminal defense attorney is critical when your freedom and life are on the line. A skilled legal professional knows how to build a convincing case. Simply put, it’s always the right time to speak with an attorney.

However, you’ll be doing yourself a favor by reaching out to one as soon as possible. At George Reres Law, PA, our legal team understands the critical legal considerations when defending against murder charges. Contact us at 954-543-1186 today — and we’ll fight hard to secure a favorable outcome on your behalf.

What Is Money Laundering?

Money laundering is a catchall term that describes finding a way to take money earned illegally (from selling illegal drugs or sex trafficking, for example) and disguising the source of the money to make it appear legal so that it can be used in everyday financial transactions.

Most schemes have three steps to transition the cash from illegal to appearing legal. 

• Entrance. This is when the money enters the financial system. It’s often done by making a series of smaller deposits or investments rather than dropping the entire lump sum in one place. 
• Movement. The money is then moved around multiple times in a process called layering, which is done to make it harder to trace back to the original depositor.
• “Clean” money. Once enough movement has taken place, and the money’s origins are obscured, the money goes back to the original depositor, appearing legal and above board.  

What Are Some Common Money Laundering Tactics?

There are many. These are among the most common.

• Mules. People are often familiar with the concept of drug mules or otherwise innocent people who agree to smuggle drugs into their bodies for someone else. But mules also involve cash. Money launderers usually don’t let innocent people know what the overall scheme is, but they deposit money that the launderers can later transfer out of those accounts.
• Smurfs. These use the three steps described above to avoid federal and international scrutiny. They routinely deposit amounts of money that aren’t large enough to attract attention.
• Shell companies. While a shell company can be legitimate, it can also be used to squirrel away money and not report it to tax authorities. 

What Are the Consequences of Being Convicted for Money Laundering in Florida?

Florida law takes money laundering quite seriously. Consequences for convictions can be severe depending on the extent of the laundering and the illegal activities involved. The federal government may also be involved. What’s more, often, money laundering charges aren’t the only charges, but may be add-on charges to other crimes that come with their own consequences if convicted.

If convicted, the defendant (the person charged with the crime) could face up to 20 years in prison and fines up to $500,000 or twice the value of the property involved in the crime, whichever is more.

There may also be civil charges involved if people claim they were defrauded or suffered financial losses from being involved in the laundering.

What Are Some Approaches for Defending Against Money Laundering Charges?

Because the consequences can be so dire, it’s crucial to work with an experienced money laundering defense attorney who understands the laws and how to counter them. Every case is unique, but these are some strategies that might be used in your case. 

• No underlying criminal conduct. This involves presenting evidence that the financial transactions targeted by the prosecutor were documented as legitimate business activities. 
• No intent to conceal or deceive. This involves being able to prove that the person with the funds did not intend to conceal the funds or deceive law enforcement about the funds and their source. Intent is key for the prosecution’s case. If they can’t prove there was criminal intent, they will have a more difficult time achieving a conviction.
• Lawful property. This involves proving that any gained property was gained legally.
• Coercion. In some cases, being able to prove that the defendant was coerced or under duress to conduct the money laundering operation, they may not be convicted or convicted of a lesser crime.
• Lack of evidence. The prosecutors have to prove their case beyond a reasonable doubt. That takes significant evidence. If there is no evidence, or the evidence can be soundly disputed, that alone may bring an acquittal. 
• Constitutional violations. Several Constitutional amendments provide certain legal protections, such as the right to an attorney and the right to remain silent. If the defendant was not informed of their Constitutional rights or was deprived of them, the case may be dropped even if the prosecutor has significant evidence. 

What Should I Do if I’ve Been Charged with Money Laundering?

Call George Reres Law as soon as possible at 954-543-1186 to schedule a free case evaluation. These are serious allegations, and you shouldn’t undertake to defend yourself without experienced legal counsel. The laws are complex, and the consequences of conviction can be extensive and life-altering. Our team of experienced, knowledgeable criminal defense attorneys can review your charges and specifics to guide you through planning a defense that could have the best possible outcomes. 

Make sure to give your attorney all information and paperwork relating to the case, including any additional charges that aren’t directly money laundering. It’s imperative for your attorney to know all the charges, especially if there are both state and federal agencies involved. 

There are also things that are vital you don’t do. 

• Stop any ongoing financial activity. It could raise questions and suspicion even if you think it’s legitimate and legal. 
• Don’t destroy anything. It’s easy to panic and worry that records, whether print or digital, should be destroyed. But if you destroy something that could have been considered evidence, that could complicate and worsen your legal situation.

Don’t talk to anyone but your attorney. Investigators for the prosecution would love to talk to you on your own, but you have a Constitutional right to only speak with an attorney present. Don’t give up that right.

If You Get Arrested at a South Florida Airport, What Do You Need to Know?

Let’s say you are placed under arrest at an airport in South Florida, and you are subsequently charged with a crime. If that happens, you must be represented by a Fort Lauderdale criminal defense lawyer, and you must reach out to that lawyer as quickly as possible after your arrest.

As a response to hijackings, terrorism, and drug trafficking, airports and law enforcement agencies throughout the United States now enforce a zero-tolerance policy regarding airport-related criminal activity. Fort Lauderdale-Hollywood International Airport is no exception.

What Are the Most Common Crimes at South Florida Airports?

Law enforcement officers at Fort Lauderdale-Hollywood International and other South Florida airports do not hesitate to issue citations and make arrests, especially for common airport-related offenses such as:

1. having prohibited items in carry-on luggage (the most common crime at airports)
2. drug trafficking
3. unlawful drug possession
4. assault
5. “unruly” behavior and disorderly conduct
6. attempting to use fraudulent travel documents

Prohibited items in carry-on luggage include but are not limited to guns, knives, baseball bats, box cutters, unlawful drugs, and flammable materials. The Transportation Security Administration (TSA) website provides an up-to-date list of prohibited carry-on items.

Who Enforces the Law at Fort Lauderdale-Hollywood International?

The Broward Sheriff’s Office (BSO) is the primary agency providing Fort Lauderdale-Hollywood International Airport law enforcement services. The BSO works closely with U.S. Customs and Border Protection, the FBI, and the U.S. Department of Homeland Security to ensure airport passengers, visitors, and businesses have a secure, safe, pleasant environment.

The Broward Sheriff’s Office investigates criminal activity on airport property, patrols terminal buildings, provides traffic and parking enforcement, and helps travelers and motorists. The BSO deploys these units at Fort Lauderdale-Hollywood International:

1. a Criminal Investigations Unit
2. an Incident Containment Team
3. an Explosive Detection Canine Unit
4. a Motorcycle Unit

What to Expect During an Airport Arrest

An arrest at an airport can be quite frightening and confusing. Don’t panic. Be cooperative and polite to the officers, but insist on your constitutional rights. You may be arrested at a security checkpoint, a gate, or even on a plane if illegal items are found in your possession.

Law enforcement officers may search your person, luggage, or vehicle if they reasonably suspect you are engaging in an illegal activity. A customs arrest can happen if contraband items are found in your luggage or on your person during a re-entry search. Never give the police your verbal consent to a search.

If law enforcement officers arrest you, they will take you to an airport police holding area. After you have identified yourself, you have the right to remain silent. You can simply say, “I prefer not to answer questions before consulting my lawyer,” and then say nothing more.

Arrested at an Airport? What is the Most Important Thing to Remember?

Most importantly, if law enforcement officers place you under arrest at a South Florida airport, insist on your right to speak with a Fort Lauderdale criminal defense attorney who can help you get released from custody.

Your defense lawyer will review the details of your arrest and the charge against you, and your lawyer will then develop a strategy for your legal defense. Whether you have been charged with a felony or a misdemeanor, a criminal conviction can have serious, long-term consequences.

If you are convicted of a felony or misdemeanor in South Florida, you could be fined, placed on probation, jailed or imprisoned, and you will establish a permanent criminal record that may show up for years to come in background checks for employment or housing.

Being arrested at an airport, even if the charge is later dismissed or you’re acquitted at trial, may also have a substantial impact on your future right to travel. You will receive increased scrutiny from airport security personnel, and in some cases, you may even be prevented from boarding.

How Will Your Attorney Help?

If law enforcement officers place you under arrest at any South Florida airport, it is essential to have an experienced criminal defense attorney working on your side and helping you navigate the legal process. How will a Fort Lauderdale criminal defense lawyer handle your case?

The police cannot search your person, luggage, or vehicle without probable cause. If the police conducted an unlawful search and seizure, or if you were wrongfully or improperly arrested, your defense attorney can insist that the charges against you should be reduced or dismissed.

If you were arrested at a South Florida airport, but you were unaware that you were violating the law, or if you had no criminal intent, your defense attorney will explain to the court exactly what happened and why you were arrested and charged. Your defense lawyer may:

1. ask the prosecution to drop the charge or charges
2. ask the court to dismiss the case
3. negotiate a plea arrangement that reduces the charge or charges and penalties, or
4. ask the jury to return a not-guilty verdict

Arrested at the Airport? Call George Reres Law

If law enforcement officers arrest you at a South Florida airport and charge you with a felony or misdemeanor, immediately call the award-winning team at George Reres Law. We will fight for the justice you need, protect your rights, and bring your case to its best possible resolution.

No matter what kind of crime you’ve been charged with, George Reres Law will work tirelessly to develop a strong defense on your behalf and win positive results.

A Fort Lauderdale criminal defense attorney at George Reres Law will work to have the charge or charges against you dropped or dismissed, negotiate a reasonable plea deal, or argue on your behalf at trial for a not-guilty verdict.

If you are charged with a crime – now or in the future – because of something that happened at a South Florida airport, contact George Reres Law as quickly as possible. Call our Fort Lauderdale offices at 954-543-1186 to schedule a no-cost, no-obligation case evaluation. Hablamos Español.

What is Drug Trafficking?

Drug trafficking in Florida is defined under Section 893.135 of the Florida Statutes. This statute dictates that any individual who knowingly sells, delivers, purchases, manufactures, or transports a specified amount of illicit substances in Florida is considered to be trafficking drugs. An individual who is knowingly in actual or constructive possession of a controlled substance above a certain threshold amount can also be charged with drug trafficking. The thresholds vary depending on the type of drug. For instance, possessing more than 28 grams of cocaine, 4 grams of heroin or fentanyl, 14 grams of amphetamines, or 25 pounds of marijuana can all trigger trafficking charges.

Being charged with drug trafficking can be a frightening experience and could result in life-altering ramifications. Trying to navigate the state’s complex legal system on your own is risky. It’s essential to speak with a skilled Florida drug trafficking defense attorney as soon as possible to discuss the defense tactics available to you. 

What Can Occur if You Are Convicted of Drug Trafficking?

The penalties for drug trafficking in Florida are severe and often include mandatory minimum prison sentences and substantial fines. For example, trafficking between 28 and 200 grams of cocaine carries a minimum sentence of three years and a fine of $50,000, while trafficking more than 400 grams can result in a 15-year sentence and a $250,000 fine.

Additionally, trafficking certain drugs like heroin in quantities above 30 kilograms can lead to a mandatory life sentence. These harsh penalties underscore the importance of mounting a strong defense against such charges.

How Can You Fight a Drug Trafficking Charge?

With so much on the line, it is critical to vigorously defend yourself if you’ve been accused of trafficking drugs. Luckily, several defense strategies may be employed to combat drug trafficking charges in Florida. Your attorney can examine your case and determine whether one or more of the following defenses may be applicable:

• Challenging the legality of the search and seizure: Often, one of the most effective defenses against drug trafficking charges is to demonstrate that the evidence was gathered through an illegal search and seizure, violating the defendant’s Fourth Amendment rights. If the search was conducted without a warrant or probable cause, the evidence obtained could be inadmissible in court
• Questioning the chain of custody for evidence: The prosecution must establish a thorough, unbroken chain of custody for the drugs in question. Any inconsistencies in how the evidence was handled can cast doubt on its integrity, potentially leading to its exclusion
• Positing a lack of knowledge or intent: The defense can argue that the defendant was unaware of the presence of the drugs or had no intention to traffic them. If the drugs were found in a shared space or vehicle and could have belonged to someone else, this defense may be particularly compelling
• Claiming entrapment: Law enforcement officers are not allowed to induce individuals to commit a crime they would not have otherwise committed. If the defense can prove that the idea to traffic drugs originated with the police or the police threatened or coerced the individual into engaging in the illegal acts, then an entrapment defense may be applicable
• Highlighting the insufficiency of the evidence: In all criminal cases, the onus is on the prosecution to demonstrate the defendant’s guilt beyond a reasonable doubt. A skilled defense lawyer may be able to introduce doubt in the prosecution’s version of events by questioning the credibility of witnesses, the reliability of evidence, or the methods used to test the drugs

What Other Legal Options May Be Available to Defendants?

While a complete dismissal of the drug trafficking charges is ideal, certain circumstances may make this outcome unlikely. However, some defendants in these situations may still be eligible for alternative sentencing programs, which can provide an opportunity to avoid the harshest penalties associated with drug trafficking convictions. First-time offenders, individuals facing untreated mental health issues, and those accused of trafficking smaller amounts of drugs are typically more likely to be considered for these programs. 

Your defense lawyer can evaluate your case and negotiate with the prosecution for alternative sentencing if they believe you may be eligible. Examples of the programs available in Florida include:

• Drug court: This program is designed for non-violent drug offenders and focuses on rehabilitation rather than punishment. Participants undergo intensive supervision, drug testing, and treatment. Successful completion of the program can result in reduced charges or dismissal of the case
• Pretrial intervention (PTI): PTI or Diversion is available for first-time offenders and involves a period of supervision and compliance with certain conditions, such as community service or drug treatment. Upon successful completion of the program, the charges may be dropped

Why is it Key to Seek Legal Counsel as Soon as You’ve Been Charged With Drug Trafficking?

Drug trafficking charges should not be taken lightly, as they can have long-lasting effects on your freedom, career opportunities, social connections, and family. Taking prompt action to mount a solid defense can be an imperative part of protecting your rights and your future. Enlisting the services of a knowledgeable drug trafficking defense attorney can be essential to combating these accusations and limiting their impact on you and your loved ones. An experienced attorney can develop a tailored defense strategy based on the case’s specifics by evaluating the evidence, identifying weaknesses in the prosecution’s case, and exploring all possible defenses.

Defense attorneys often have established relationships with local prosecutors and judges, which may be beneficial when negotiating plea deals or alternative sentencing options. These skillful negotiations may result in reduced charges or more favorable outcomes. If the case goes to court, a trial-tested attorney will be adept at presenting a compelling defense in court by cross-examining witnesses, filing important motions, and challenging the prosecution’s evidence. By seeking the representation of a trusted defense attorney early in the legal process, you give them the time and opportunity to investigate and build a strong case.

How Can Our Law Firm Assist You?

Drug trafficking charges in Florida can carry severe consequences, including lengthy mandatory prison sentences and hefty fines. At George Reres Law, PA, we believe in fighting aggressively to uphold the rights of our clients accused of drug trafficking. We leverage our years of experience to work for the best possible outcome in every case. If you or a loved one has been charged with trafficking drugs, contact our Fort Lauderdale office now at 954-543-1186 to schedule a free, in-depth case evaluation to learn more about your defense options. 

Charges of assault and battery are grave offenses that carry heavy penalties, jail time, and a permanent criminal record, among other dire repercussions. Anyone at risk of being charged with such offenses must be aware of their legal defenses against these charges.

Understanding Assault and Battery

Definition of Assault

Generally speaking, assault is defined as the deliberate act of putting another person in fear of immediate bodily danger. Assault does not always require physical contact; it can occur through simple threats or attempts to harm. The ability to carry out the threat and the desire to instill dread of harm are the essential components.

Definition of Battery

Battery, on the other hand, involves engaging in actual physical contact with another person without their consent. This contact must be intentional and harmful or offensive. Unlike assault, battery requires physical interaction, whether it results in injury or not. The primary components are the intent to make contact and the lack of consent from the victim.

Common Legal Defenses

Self-Defense

One of the most frequently invoked defenses in assault and battery cases is self-defense. This defense is applicable when the accused can demonstrate that they were protecting themselves from imminent harm. To successfully use this defense, the defendant must prove that they had a reasonable belief that they were in danger, the force used was proportional to the threat, and the response was necessary to prevent harm.

Defense of Others

Similar to self-defense, the defense of others is applicable when the accused acts to protect another person from imminent harm. The requirements for this defense are parallel to those of self-defense: the defendant must show a reasonable belief that the third party was in danger, the force used was appropriate to the threat, and the action was necessary to avert harm to the third party.

Defense of Property

Individuals may use reasonable force to prevent theft or damage to their property in certain jurisdictions. This defense permits taking measures to stop unauthorized access or damage to one’s property. However, the amount of force employed needs to be appropriate and in line with the threat. It might not be appropriate to use more force than is required to safeguard the property.

Consent

Consent is a viable defense in assault and battery cases when the alleged victim willingly participated in the activity that resulted in harm. This defense is often used in cases involving sports or other willing activities where physical contact is expected and accepted. For consent to be valid, it must be given voluntarily, and the individual must have the capacity to consent. Additionally, the scope of consent is crucial; the harm caused must fall within the range of what was agreed upon.

Lack of Intent

A fundamental aspect of both assault and battery charges is the intention to cause harm or fear of harm. If the defendant can demonstrate that there was no intent to harm the victim, this can serve as a robust defense. Accidental actions or misunderstandings that lead to unintended harm may fall under this category. For example, if the physical contact was accidental and not meant to cause injury, the lack of intent can be a key element in the defense strategy.

Mistake of Fact

A mistake of fact can be a powerful defense if the defendant acted under a false belief that negates the intent to commit assault or battery. For instance, if the accused believed that they were acting in self-defense based on incorrect information, this could potentially pardon them. The mistake must be reasonable and based on factual circumstances rather than a misunderstanding of the law.

Insanity or Mental Incapacity

In some cases, the defendant may lack the mental capacity to form the intent required for assault and battery charges. If the accused can prove that they had a mental disorder that impaired their ability to understand the nature of their actions or distinguish right from wrong, they may be found not guilty by reason of insanity. This defense requires thorough medical evaluation and expert testimony to substantiate the claims of mental incapacity.

Duress

Duress is a defense used when the defendant was forced to commit assault or battery under the threat of immediate harm to themselves or others. The key elements of this defense include the presence of an imminent threat, a reasonable belief that the threat would be carried out, and no reasonable opportunity to escape or avoid harm. Duress does not excuse the behavior but can mitigate the culpability of the accused.

Immunity

Certain people may be shielded from accusations of assault and battery by law because of their positions or roles. For instance, accusations of this nature are typically not brought against law enforcement officials who carry out their responsibilities within legal boundaries. This exemption, nonetheless, is not unqualified and does not extend to acts that go beyond their legitimate authority or entail the use of disproportionate force.

Alibi

Establishing the defendant’s absence from the scene of the alleged offense and their inability to have perpetrated the assault or battery is the alibi defense. This defense relies on evidence such as witness testimony, video footage, or other documentation that places the accused elsewhere at the relevant time, potentially leading to dismissed charges.

Plan Your Defense with George Reres Law, PA

If you’re facing assault and battery charges, it’s essential to understand how the factors of your case will be seen in the eyes of the court. Legal counsel can help you navigate the complexities of the legal system and present a strong defense.

Call George Reres Law, PA at 954-543-1186 to schedule a consultation with our team. We’ll help make a plan to fight your charges and ensure your rights are protected.

What Does Money Laundering Mean Under Florida Law?

Money laundering is a serious crime that involves disguising the origins of illegally obtained money, making it appear as though it came from legitimate sources. This is often done through a series of complex transactions that obscure the money’s original source, making it difficult for authorities to trace.

According to Florida Statutes Section 896.101, money laundering is conducting or attempting to conduct a financial transaction with the knowledge that the property involved are proceeds from some form of illegal activity. The seriousness of the charge and the possible penalties are determined by the amount of money involved.

What Are the Penalties for Money Laundering in Florida?

The penalties for laundering money can be severe in Florida, depending on the amount of money involved. If the value of the transactions is $300 or more but less than $20,000 in a 12-month period, the crime is considered a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

If the value of the transactions is $20,000 or more but less than $100,000 in a 12-month period, the crime is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. If the value of the transactions is $100,000 or more in a 12-month period, the crime is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000 or twice the value of the transactions, whichever is greater.

What Should I Do if I’m Accused of Money Laundering?

If you’re accused of money laundering, the first thing you should do is contact an experienced attorney. Do not speak to law enforcement or investigators without your attorney present. Anything you say can be used against you in court, so it’s important to have legal representation from the outset.

Can I Fight Money Laundering Charges?

Yes, you can fight money laundering charges. A strong defense strategy might involve challenging the prosecution’s evidence, questioning the legality of the investigation, or arguing that you were unaware that the money involved was the proceeds of illegal activity.

What Are Some Possible Defenses to Money Laundering?

There are several defenses that can be used in a money laundering case. Here are a few examples:

1.  Lack of knowledge: One of the key elements of money laundering is that the person must know that the money involved is the proceeds of some form of unlawful activity. If you can show that you did not know this, it could be a strong defense.
2. Insufficient evidence: The prosecution is required to establish each element of the crime beyond a reasonable doubt. If the evidence falls short of this standard, a guilty verdict should not be rendered.
3. Illegal search and seizure: If the evidence against you was obtained through an illegal search or seizure, your lawyer can file a motion to suppress that evidence.
4. Entrapment: If you were induced to commit the crime by someone who intended to prosecute you for it, this could be a defense. However, this defense is not available if you were predisposed to commit the crime.

How Can I Minimize Penalties in a Money Laundering Case?

If you’re facing money laundering charges, you might be wondering how you can minimize the potential penalties. Here are a few legal options:

1.  Hire an experienced attorney: This is the most important step. A knowledgeable attorney will grasp the intricacies of money laundering cases and will be able to guide you through the legal process, ensuring that your rights are protected.
2. Challenge the evidence: Your attorney can review the evidence against you and challenge its validity. This could involve questioning the legality of searches or seizures, or disputing the way in which evidence was collected or handled.
3. Negotiate a plea deal: Occasionally, your attorney may arrange a plea deal with the prosecutor. This might mean pleading guilty to a lesser offense in return for a lighter sentence.
4. Go to trial: If your attorney believes that you have a strong defense, they may recommend going to trial. This is a risky option, as the outcome is uncertain, but it could result in your charges being reduced or even dismissed.

What Are the Long-Term Consequences of a Money Laundering Conviction?

A money laundering conviction can have serious long-term consequences. You could face potential prison time, fines, as well as asset forfeiture, where the government seizes assets that it believes were involved in or derived from the crime.

A conviction can also have significant impacts on your personal and professional life. It can make it difficult to find employment, especially in fields that run background checks.

A money laundering conviction can lead to a criminal record, which can affect your rights and privileges, including your right to vote, your ability to travel abroad, and your eligibility for certain types of government assistance.

What Role Does an Attorney Play in a Money Laundering Case?

An attorney is essential in a money laundering case. They help explain the charges and challenge the evidence against you. They can also negotiate with the prosecutor on your behalf and represent you in court if necessary. A trusted attorney will also be familiar with the specific laws and procedures related to money laundering in Florida.

If you have been charged with money laundering, seek legal representation as soon as possible. The earlier you secure an attorney, the higher your likelihood of obtaining a positive result.

If you have been accused of money laundering, call George Reres Law, PA today at 954-543-1186 for a free consultation.

Is It Difficult for You to Find Housing or Employment?

In the U.S., over 70 million people have criminal records. Due to these records, people are often subject to regulations and laws that limit their rights. How can you avoid the most serious consequences of a criminal record? Ask a Fort Lauderdale expungement attorney to help you.

Having a criminal record may lead to consequences that are arbitrary, unreasonable, and entirely unrelated to an arrest or a criminal conviction. Even a conviction for a non-violent misdemeanor may show up on background checks for as long as you’re alive.

Anyone may now conduct a background check merely by going online. If prospective employers have rejected you, or if you’ve been turned down for housing, it may be due to your criminal record.

What is “Sealing” or “Expunging” a Criminal Record?

In the State of Florida, however, many criminal records may be expunged or sealed. Not everyone qualifies for expungement or sealing, and the process is not easy. You’ll need the services and advice of a Fort Lauderdale expungement lawyer.

Expungement almost entirely deletes a criminal record, and sealing restricts the public’s access to a criminal record. In many cases, when a criminal record can’t be expunged, you may be allowed to seal the record and prevent the general public from viewing it.

Sealing your criminal record means that the State of Florida will make that record inaccessible to the public at large, including landlords and most employers.

Under What Circumstances May Sealed Criminal Records Be Disclosed?

If your criminal record is sealed, its existence, but not the details of the record, may be disclosed if:

1. You apply to purchase a firearm.
2. You are subsequently charged with another crime.
3. You seek access to or employment at a Florida seaport.
4. You apply for a license to practice law in Florida or a job in Florida law enforcement.
5. You apply for a license, contract, or job with the Florida Department of Juvenile Justice, the Department of Children and Families, the Agency for Persons with Disabilities, the Agency for Health Care Administration, or the Florida Department of Education.
6. You apply for a contract or a job with a private or public childcare facility or school.

When Criminal Records Are Expunged, What Happens?

Expungement is comprehensive. When a criminal record is expunged, it is physically destroyed and no longer available, with a single exception. A copy will be held by the Florida Department of Law Enforcement for disclosure, if it becomes necessary, to police agencies in Florida.

Both sealing and expunging your criminal record legally allow you to tell a landlord and to tell most potential employers that you have never received a criminal conviction.

How Do You Seal or Expunge a Criminal Record in Florida?

Whether you’re expunging or sealing a criminal record, you begin by requesting, with the help of your Fort Lauderdale expungement lawyer, a Certificate of Eligibility to Seal or Expunge from the Florida Department of Law Enforcement (FDLE).

You must receive your Certificate of Eligibility before the expungement or sealing process may continue. Before it issues you a Certificate of Eligibility, the FDLE will determine if you are legally eligible to request expungement or sealing from the court.

Merely meeting the qualifications does not guarantee that you will be allowed to seal or expunge your record. If that record includes a domestic violence conviction, a violent felony conviction, or multiple arrests and convictions, expunging or sealing your record may be difficult.

How is a Criminal Record Expunged or Sealed?

How will a Fort Lauderdale expungement attorney help you seal or expunge your criminal record? If you obtain a Certificate of Eligibility and meet several other requirements, the law in Florida provides for several different expungement and sealing procedures.

For example, if an adult or a juvenile was wrongly or mistakenly arrested, the record of that arrest may be expunged without a court hearing after you and your lawyer apply to the FDLE for the record’s expungement.

To seal or expunge the record of a criminal conviction, your attorney will request a court hearing to have the record expunged or sealed. Florida’s courts have the final authority over this state’s criminal records.

What is Considered at a Sealing or Expungement Hearing?

Submitting a petition to seal or expunge a criminal record entitles you to a hearing to determine if the circumstances, facts, and public interest justify your request to seal or expunge the record. If your petition is denied, the court must issue a written statement that explains its decision.

The court must consider all of the circumstances and details of the case. According to this state’s Fourth District Court of Appeals, if there is no good reason to deny your request for expungement or sealing, you are “entitled to relief.”

Because teenagers often make mistakes, learn their lessons, and grow into law-abiding adults, most juvenile records in Florida may be expunged rather easily, but expunging an adult criminal record may be more difficult.

How is a Juvenile Criminal Record Expunged or Sealed?

If you established a criminal record while you were a juvenile, you may be eligible for one of these procedures: juvenile diversion expungement, early juvenile expungement, or automatic juvenile expungement.

If you successfully completed a juvenile diversion program for a misdemeanor, you may request a juvenile diversion expungement. Those from ages 18 to 21 may qualify for early juvenile expungement if there have been no criminal charges or convictions within the last five years.

However, a minor’s criminal record is expunged automatically at age 21 (or at age 26 if the minor was sentenced to a prison or juvenile correctional facility), provided that certain requirements are met, such as having no “forcible” adult felony arrests or convictions.

Why is an Attorney’s Help Essential?

If you’re seeking to expunge or seal the record of an arrest, a criminal charge, or a criminal conviction, you’ll need the right lawyer’s help from the start. The legal paperwork needed for expungement or sealing is extensive, and it must be completed thoroughly and accurately.

A mistake or misunderstanding may delay the process or even cause your petition to be denied by the court, but the right South Florida expungement lawyer will ensure that there are no inaccuracies in your paperwork and no needless delays in the process.

Who Should Help You Seal or Expunge Your Criminal Record?

If you qualify, you have the right to expunge or seal your criminal record, and you should exercise that right immediately. The legal team at George Reres Law will determine if you meet the requirements, and if you do, we will guide you through the sealing or expungement process.

To learn more – or to begin the sealing or expungement process today – contact the award-winning attorneys at George Reres Law as quickly as possible. Call us now in Fort Lauderdale at 954-543-1186 to schedule your first legal consultation without any cost or obligation.

Has Your Child Been Charged With a Crime?

If your child under the age of 18 is charged with a crime in or near the Fort Lauderdale area, you should immediately contact the offices of a Fort Lauderdale criminal defense attorney for the legal advice and representation your family will need.

Teenagers make mistakes. What’s important is that they learn from these mistakes. In many cases that involve minors in Florida, a juvenile diversion program can resolve the charge against a minor and offer the intervention that deters juveniles from criminal activity in the future.

How are juvenile offenders dealt with by Florida’s justice system? What happens next if your child is arrested and charged with a crime? How will a Fort Lauderdale juvenile defense lawyer defend your child and work on your family’s behalf?

What Should Parents Understand About Florida’s Juvenile Justice System?

The highest priority of the Florida juvenile justice system is putting teens “on the right track” and keeping them safe. In fiscal year 2021-2022, more than 22,000 minors were arrested in Florida, a figure that represents about eleven arrests for every thousand minors in our state.

When someone who is less than 18 years old ends up in police custody, some understanding, forgiveness, and another chance is sometimes all that’s needed. Florida’s juvenile justice system focuses on counseling and rehabilitation instead of punishment.

Nevertheless, if your child is charged with a crime, you must have a lawyer’s services and advice as quickly as possible. The juvenile justice system in Florida is different from the system for adults, but it is equally complicated and confusing.

What Happens When a Minor is Arrested?

No one below the age of seven may be arrested in Florida. The police may only take a minor into custody under at least one of the following conditions:

1.  A circuit court has issued a warrant for the minor’s arrest.
2.  There is probable cause to believe the minor committed a crime that permits an arrest.
3.  The minor failed to make a scheduled court appearance.
4.  There is probable cause to believe the minor violated commitment orders or probation.

When a minor is arrested in Florida, the local police immediately involve one or both parents. Parents should know that the charge police use to arrest a child may not be the charge that the child faces in court. The State Attorney determines the final charge prior to any hearing.

What Happens After a Minor’s Arrest?

While awaiting adjudication, a minor may be placed in a Florida Department of Juvenile Justice (DJJ) detention facility for up to 21 days before the adjudication hearing. The DJJ will recommend appropriate disciplinary measures to the court and the State Attorney.

In a juvenile proceeding, there are no juries. Only a judge hears the case. Your child’s juvenile defense attorney may seek to have the charge dropped, or if that’s not possible, to have the child found not guilty or entered into a diversion program.

If your child is found guilty of a crime, a Fort Lauderdale juvenile defense attorney will probably argue for probation. In every juvenile case, the State of Florida wants to ensure that a lesson will be learned and that the incident does not haunt or follow the child for years into the future.

Are Diversion Programs Available for Juveniles?

One option for minors charged with crimes in South Florida is a diversion program. The Community Justice Program provides diversion options for juvenile offenders in Broward County.

Juveniles who commit a qualifying first, second, or third misdemeanor offense may enter a voluntary Civil Citation program with a pre-arrest referral from a law enforcement officer or a post-arrest referral from the State Attorney.

Participation in the Broward County Civil Citation program lasts from 45 to 90 days. If the minor completes the program successfully, charges against the minor will be dismissed. Adjacent South Florida counties operate similar diversion programs for juveniles.

What Does Probation for a Minor Require?

If your child receives a criminal conviction, the penalty may be probation. Probation for a minor in Florida usually requires the minor to take specific measures to avoid being sent to a residential facility. These measures typically include:

1.  paying restitution to any victim(s)
2.  completing community service
3.  adhering to a curfew
4.  having no contact with the victim(s)
5.  avoiding any contact with known criminal offenders and other inappropriate persons
6.  participating in substance abuse or mental health counseling

If your child receives a conviction, instead of probation, he or she may be sent to a residential facility for rehabilitation. A juvenile defense attorney will use every legal tool available to keep your child out of a residential rehabilitation facility or to limit the time your child spends there.

When Are Juveniles Charged as Adults?

Unlike cases involving typical juvenile crimes (such as car theft, shoplifting, vandalism, or drug possession), if your child is accused of a serious or violent felony, the child may be charged in Florida as an adult.

It happens rarely, but if your child is charged as an adult, you must contact a Fort Lauderdale juvenile defense lawyer without delay.

When a minor faces adult charges, the stakes are higher. The penalties for a conviction include jail or prison and the creation of a criminal record that could affect your child’s educational and employment opportunities. In these cases, your family must have a good defense attorney’s help.

George Reres Law Will Defend Your Child and Help Your Family

If your child is charged with a crime in South Florida, call the offices of George Reres Law immediately. Our award-winning legal team will protect your child’s rights and bring the case to its best possible outcome.

A juvenile defense attorney at George Reres Law will move to have the charge against your child dismissed, argue for a not guilty verdict, or seek to have your child entered into a diversion program. We will use every available legal tool to help your child avoid a criminal conviction.

If your child faces a criminal charge in Broward County or anywhere else in South Florida – currently or in the future – call George Reres Law as soon as possible. Contact us at 954-543-1186 to schedule a no-obligation, no-cost evaluation of your child’s case.