Latest News

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.

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.