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What Constitutes Internet Fraud?

Internet fraud includes online crimes (or “cybercrimes”) such as phishing, identity theft, and other online acts intended to take someone’s money or property fraudulently. If you are charged with an internet fraud crime, contact a Fort Lauderdale criminal defense attorney at once.

The internet provides outstanding benefits to almost everyone who uses it, but it also provides ample opportunities for criminals to target the innocent. From basements and bedrooms to offices and boardrooms, criminals perpetrate millions of dollars of internet fraud every year.

If you are charged with an internet fraud crime, you must not rely on a lawyer with little or no computer background or knowledge. In fact, it may become your lawyer’s job to explain to the court – and if there’s a trial, the jurors – about the technology that’s pertinent to your case.

How is Internet Fraud Perpetrated?

Criminals use a number of different strategies to defraud the innocent on the internet. They use instant messaging and email to spread malware, phony websites that steal a visitor’s data, and complicated phishing scams. Here is how most of the fraud on the internet is committed:

1.  Phishing and spoofing: Criminals use messaging and email to deceive victims into sharing login credentials, personal identity details, and personal financial information.
2.  Data breaches: Data is breached when criminals steal confidential, sensitive, or protected information from individuals, businesses, organizations, or government agencies.
3.  Denial of service: A denial of service may happen when criminals prevent visitors from accessing an online network, system, or service with malicious intent.
4.  Malware: Malware is malicious software that may be used to damage or disable users’ devices or to steal their data.
5.  Ransomware: Ransomware is malware that may prevent a user from accessing critical information. Ransomware then demands payment to have that access restored.

Charged With Internet Fraud? How Will a Lawyer Defend You?

If a law enforcement agency violated any of your legal or constitutional rights while compiling evidence to charge you with an internet fraud crime, your Fort Lauderdale fraud lawyer will act to have the charge dropped or to have the case entirely dismissed.

Sometimes an internet fraud charge is the result of a misunderstanding or a mistake that someone made with no criminal intent. Other times, innocent people are tricked or confused into clicking a link that shouldn’t be clicked, and they can innocently commit a crime without knowing it.

Entrapment is rarely offered by defense attorneys, and it rarely works as a defense in internet fraud cases. Law enforcement agencies in the State of Florida know the entrapment rules, and generally speaking, law enforcement officers know how to avoid violations of those rules.

Will You Face State or Federal Charges?

Depending on the specifics of the case, a fraud crime committed on the internet may be charged as a state crime or as a federal offense. Although a number of Florida statutes prohibit various types of fraud, internet fraud crimes are usually prosecuted as federal offenses.

The FBI investigates internet fraud allegations, and federal courts almost always penalize internet fraud convictions harshly. If you learn that you are under investigation by local law enforcement or by the FBI, contact a Fort Lauderdale fraud attorney as quickly as possible.

Do not wait until you have been placed under arrest. Immediately contact a South Florida defense attorney who can intervene with investigators on your behalf, offer evidence of your innocence, and begin negotiating for a reduced charge or an acceptable plea bargain.

A delay in retaining legal help increases the possibility that you may be charged with a serious internet fraud crime. It’s rare, but in some investigations, a defense lawyer may have success persuading the FBI or local police to drop your case completely before any charge is filed.

How and When Should You Exercise Your Rights?

If you are the target of a federal or state internet fraud investigation in South Florida, your right to an attorney and your right to remain silent do not suddenly “kick in” once an arrest is made or a criminal charge is filed.

You have the right to be advised by a criminal defense attorney right now, and you have the right to remain silent right now if a federal or local law enforcement agency asks to interrogate you.

If an FBI agent or another investigator appears at your residence or workplace, be cooperative and polite, but don’t answer questions – even if you’re not guilty of anything. Say something like, “I would prefer to remain silent until I can speak with my attorney,” and say nothing more.

Let George Reres Law Advise and Defend You

If you are charged with an internet fraud crime in Fort Lauderdale or anywhere in South Florida, you must be represented by a Fort Lauderdale fraud lawyer who has substantial experience and success representing those who are charged with internet fraud crimes.

Our award-winning team at George Reres Law will protect your rights, fight for the freedom and justice you need, and bring your internet fraud case to its best possible resolution. Your defense attorney will review the case against you and will take action to have the charge dropped or dismissed, negotiate for an acceptable plea agreement, or fight at your trial for your acquittal.

If you become the subject of an internet fraud investigation in South Florida, or if a charge against you is currently pending, contact George Reres Law immediately by calling 954-543-1186 to schedule an initial, in-depth evaluation of your case without any cost or obligation.

Have You Been Charged With Assault?

In or near the Fort Lauderdale area, if you are charged with simple assault or with aggravated assault, you are going to need legal help immediately, so you must contact the offices of a Fort Lauderdale assault lawyer as quickly as possible.

Simple assault and aggravated assault are common crimes in this state, but that doesn’t mean these charges are trivial. They’re serious. If you are charged with committing an assault, you must have an effective defense strategy and a lawyer who will fight for the justice you need.

What constitutes simple assault in the State of Florida? What constitutes aggravated assault? What are the penalties if you are convicted of simple assault or aggravated assault, and how will a Fort Lauderdale assault attorney help you if you are charged with one of these crimes?

What is Simple Assault?

An assault charge in Florida does not require a victim to be injured. In fact, an assault charge does not require the perpetrator to make any physical contact whatsoever with a victim.

Instead, simple assault is defined by Florida law as an intentional, unlawful threat that one person makes to another to create a reasonable fear that harm or violence is about to occur. If you are charged with simple assault, in order to convict you, the state must prove:

1.  You unlawfully and intentionally threatened, by act or word, to commit violence against the alleged victim.
2.  You appeared to be able to carry out the threat when you made it.
3.  You created in the alleged victim’s mind a justifiable fear that violence was about to happen.

Simple assault cases in Florida are usually prosecuted as second-degree misdemeanors that may be penalized upon conviction with a fine and with probation or a jail sentence.

What is Aggravated Assault?

Aggravated assault is a more serious assault charge that involves either the intention to commit a felony or to use a deadly weapon. It’s not as common as simple assault, but in 2022, law enforcement officers in Florida made more than 12,000 arrests for aggravated assault.

To convict someone of aggravated assault, the state must prove the three elements necessary for a simple assault conviction (listed above), and the state also must prove that the assault was made with a deadly weapon or with a conscious, “fully-formed” intention to commit a felony.

The penalties are severe for an aggravated assault conviction. A convicted offender, and even a first-time offender who has been convicted of aggravated assault, may serve a lengthy prison sentence and face a costly fine.

Do Aggravated Assault Convictions Entail Additional Penalties?

In this state, aggravated assault is a third-degree felony, so an aggravated assault conviction can stay on your record for life. A convicted offender may have difficulty finding housing or employment. If you’re not a U.S. citizen, you could become subject to deportation.

If you hold a professional license in this state, a conviction for aggravated assault could trigger a revocation or suspension of your professional license by your state licensing board.

If You Are Placed Under Arrest

If you are taken into police custody and charged with simple or aggravated assault in South Florida, you have the right to remain silent. If the police want to interrogate you, say something like, “I prefer not to answer questions until my attorney can be present,” and say nothing more.

Don’t make any statement to anyone other than your lawyer. Your lawyer may attempt to have the charge dropped or the case dismissed. If neither of those options is possible, you may demand a trial by jury where your lawyer will explain to the jurors why you should be acquitted.

But if the evidence of your guilt is conclusive, and if your conviction is inevitable, your defense attorney may negotiate for an acceptable plea bargain. A plea bargain typically entails entering a guilty plea to a reduced charge in return for a lesser or alternative sentence.

Don’t accept or reject any plea deal until you have discussed it with your attorney, and do not try to act as your own attorney if you are charged with assault. Any mistake that you make could lead to a conviction. You must have a Fort Lauderdale assault lawyer advise and represent you.

How Do You Fight an Assault Charge?

Self-defense, the defense of property, and the defense of another person are frequently offered as defenses in simple assault and aggravated assault cases. Other defenses that are sometimes offered in these cases include:

1.  You have been misidentified and another person actually committed the assault.
2.  The assault claim is fabricated and no assault actually happened.

If you’re charged with simple assault or with aggravated assault, your Fort Lauderdale assault attorney will study the particulars of the charge and prepare an aggressive, effective defense strategy. The details of the charge will determine the details of the strategy your lawyer prepares.

What Else Should You Know About Assault Charges?

If you are charged – now or in the future – with simple assault or aggravated assault, contact a South Florida criminal defense attorney as quickly as possible. Your attorney will need time to review the evidence, develop your defense strategy, and interview any witnesses.

The right criminal defense lawyer will bring your simple or aggravated assault case to its best possible outcome. But with literally thousands of lawyers practicing in South Florida, how can you find a defense lawyer who will fight for the justice you need and make your case a priority?

George Reres Law Will Fight for the Justice You Need

Anywhere in or near the Fort Lauderdale area, if you’re charged with simple or aggravated assault, the award-winning legal team at George Reres Law will protect your rights, find the truth about what actually happened, and bring the case to its best possible resolution.

The criminal defense lawyers at George Reres Law understand that an assault conviction will have serious ramifications for your family and your future. We are committed to offering you the effective representation and personalized attention that every client deserves.

If you are facing either a simple assault charge or an aggravated assault charge – now or in the future – contact George Reres Law immediately. Call us at 954-543-1186 to arrange an in-depth evaluation of your case – without cost or obligation.

What Constitutes Sexual Battery in Florida?

In the State of Florida, any sexual penetration without the other party’s consent constitutes sexual battery. A rape or sexual assault may also be charged as sexual battery. If you are charged with sexual battery in South Florida, contact a Fort Lauderdale sex crimes lawyer at once.

Under the law in Florida, sexual battery is a non-consensual act that consists of any anal, oral, or vaginal penetration of another person, whether or not an object is used. (However, the law exempts acts that are performed for a genuine medical purpose.

Sexual battery may not be reported immediately. What is the statute of limitations – that is, the deadline – for filing sexual battery charges in Florida? What are the penalties if you’re convicted of sexual battery? And when should you contact a Fort Lauderdale sexual battery attorney?

What Constitutes Aggravated Sexual Battery?

In the State of Florida, sexual battery is a second-degree felony when both the perpetrator and the victim are at least 18 years old.

Aggravated sexual battery, a first-degree felony, is a non-consensual act that consists of any anal, oral, or vaginal penetration of another person under an aggravating circumstance. What constitutes an aggravating circumstance?

1.  The victim is coerced or is helpless to resist, or the victim is under 18 years old.
2.  The perpetrator is a police officer, correctional officer, probation officer, a person in a position of authority or control, or a person who is reasonably thought to be in a position of authority as an employee or representative of the government.

Aggravated sexual battery against a person 18 or older is a first-degree felony in Florida. Aggravated sexual battery against a person between 12 and 18 years old is a life felony. Sexual battery against a child under age 12 by a person age 18 or older is a capital felony in this state.

When May Sexual Battery Charges Be Filed?

When sexual battery is a second-degree felony and a victim is 18 or older, if the victim does not report the crime within 72 hours, prosecutors have up to eight years to file the charge.

If a victim reports the crime within 72 hours, there is no deadline for bringing a sexual battery charge. Additionally, there is no statute of limitations in Florida for any aggravated sexual battery charge.

Are You Being Charged With Sexual Battery?

If you are charged with sexual battery or aggravated sexual battery anywhere in the South Florida region, now or in the future, you must be represented by a Fort Lauderdale sex crimes lawyer who has considerable experience representing defendants who are accused of sex crimes.

If the prosecution’s case against you is weak, a defense attorney can sometimes have the charge reduced or dismissed. However, if the state’s case is persuasive and a conviction is inevitable, your attorney may negotiate a plea deal to have the charge or the sentence reduced.

If you are innocent, in most cases, you should not accept a plea deal. Instead, insist on your right to a jury trial. If your sexual battery case goes to trial, your defense attorney will explain to jurors what really happened and why you should be found not guilty.

A conviction for sexual battery or aggravated sexual battery may be penalized with a lengthy prison term, a costly fine, probation, and sex offender registration. A prison sentence is probable if the victim was a minor or if the defendant has a previous conviction for a sex crime.

A Sexual Battery Conviction May Entail Extra-Legal Consequences

Because the Florida Sex Offender Registry is available online to landlords, neighbors, employers, and the general public, the penalties ordered by a criminal court may not be the only negative consequences of a sexual battery conviction.

Convicted sex offenders may have difficulty locating housing or employment. If you’re not a United States citizen, a conviction for sexual battery may trigger a removal proceeding. If you hold a professional license, it may be revoked or suspended after a sexual battery conviction.

How Do You Contest a Sexual Battery Charge?

If you’re charged with sexual battery in South Florida, the defense strategy that a Fort Lauderdale sexual battery attorney develops for your case will depend on the details of the charge. The typical defenses presented in sexual battery cases include:

1.  The victim consented: This is a common defense, but if the victim was a minor, incapacitated, disabled, or impaired by drugs or alcohol, the consent defense may not be allowed.
2.  The accusation is fabricated: False sex crime allegations are made for a number of reasons and sometimes for no apparent reason. A teen may lie about a stepparent, for instance, or a former spouse may lie to gain an edge in a child custody fight.

When Should You Contact a Criminal Defense Lawyer?

If you’re charged with sexual battery or aggravated sexual battery in South Florida, in order to convict you, a prosecutor must prove that you’re guilty beyond a reasonable doubt, and in a sexual battery case, that may not be easy.

What you must not do is act as your own lawyer. Your future will be on the line. If you’re taken into police custody and charged with sexual battery, exercise your rights. If the police ask you questions, say something like “I’d rather not answer your questions until my lawyer is present.”

Your defense lawyer will fight to bring your sexual battery case to its best possible resolution. Call a Fort Lauderdale criminal defense lawyer as soon as possible if you’re placed under arrest or if you know that you are being investigated for sexual battery.

Take Your Sexual Battery Case to George Reres Law

If you’re charged with sexual battery in or near the Fort Lauderdale area, call the offices of George Reres Law immediately. Our award-winning criminal defense attorneys will protect your legal rights, fight aggressively for justice, and bring your case to its best possible outcome.

The attorneys at George Reres Law know that a conviction for sexual battery has severe consequences, so we’re dedicated to offering you the personalized attention and the effective defense representation that you need and deserve.

If you are charged with sexual battery in or near Fort Lauderdale or anywhere in South Florida – currently or in the future – you must exercise your rights and promptly call George Reres Law at 954-543-1186 to arrange for a free, no-obligation case evaluation and review.

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.