Category Archives: Criminal Defense
What Is A Straw Purchase?
A straw purchase is a broad term used to describe a situation in which someone buys something on behalf of another person whose identity is not disclosed. Most often, straw purchases are associated with firearms transactions. Typically, a straw purchase will happen when someone buys a firearm on behalf of someone else who is… Read More »
Central Florida Man Arrested After Driving 150 MPH, Causing Fatal Accident
According to a report from ClickOrlando, a 32-year-old Central Florida man has been arrested in connection with a deadly crash that happened on State Route 408 (SR-408) in November of 2021. Omaykan Guler was reportedly traveling at speeds as fast as 150 miles per hour (MPH) prior to the collision. Mr. Guler is now… Read More »
What Is Florida’s Red Flag Law?
Following the tragic and heartbreaking mass shooting at Marjory Stoneman Douglas High School in 2018, Florida lawmakers passed one of the most comprehensive “red flag” laws in the entire country. As explained by The Washington Post, a red flag law is a special type of law that allows police to petition to (temporarily) take… Read More »
Can You Get A Felony Charge Downgraded To A Misdemeanor In Florida?
A felony is a very serious criminal offense. In Florida, all felonies carry the possibility of at least one year in jail. Many felony charges carry far more serious criminal penalties—with life imprisonment or even the death penalty being on the table. You may be wondering: Is it possible to get a felony charge… Read More »
Man Arrested For Arson In Orlando, Allegedly Set Fire To Historic Ice Cream Shop
According to a report from Click Orlando, an arrest has been made related to the tragic fire that happened at a historic ice cream shop in Orlando. Goff’s Drive-In—an ice cream shop that has been open for more than seven decades—was burned in May of 2022. A 58-year-old man named Alfred Jerome Kirkland has… Read More »
A Comprehensive Guide To Hit And Run Accident Criminal Charges In Florida
In Florida, all motorists involved in a traffic collision are required to stop their vehicle, exchange information with other parties, and remain at the scene of a crash—except to get care for a medical emergency. The failure to do so could lead to an arrest and a serious criminal charge for a hit-and-run. In… Read More »
How To Get Criminal Charges Dropped: An Overview Of Common Defense Strategies
Were you arrested and charged with a crime in Central Florida? It is normal to be stressed out and even frightened. Though, a charge is not a conviction. You have the right to aggressively defend yourself against criminal allegations. You may even be able to get the charges dismissed before a trial. Here, our… Read More »
Your Guide To Forensic Science In A Criminal Case
Anyone charged with a crime is presumed to be innocent until proven guilty beyond a reasonable doubt. It is the prosecution’s job to present evidence that proves every element of a criminal charge. That being said, a defendant does not simply have to sit back and play a passive role in a criminal case…. Read More »
Your Rights If You Are Accused Of A Crime: Frequently Asked Questions (FAQs)
If you or your loved one has been accused of committing a crime in Central Florida, it is normal to be stressed out, confused, and frightened. Criminal allegations are always a very serious matter. You have important legal rights. At The Baez Law Firm, our law firm provides aggressive criminal defense representation. We want… Read More »
Do The Police Have To Return Any Property Seized From Me?
The police often use search warrants to seize property that may be relevant to a criminal investigation. So what happens to that property once the case is over? Under Florida law, title to any unclaimed property that has been “lawfully seized” for use as evidence is turned over to law enforcement 60 days after… Read More »
Did The Police Mishandle Evidence In Your Case? Know Your Rights
You are presumed to be innocent until proven guilty beyond a reasonable doubt. The prosecution has the burden of presenting reliable and compelling evidence that proves that a defendant committed every element of a selected criminal charge. Criminal cases always come down to the evidence—but the evidence that suggests guilt and the evidence that… Read More »
Your Guide To Credit Card Fraud Charges In Florida
Credit card usage continues to grow in the United States. An estimated 40 percent of in-store purchases nationwide are made using credit cards. An even greater share of online purchases are made with credit cards. In recent years, prosecutors have been cracking down on allegations of credit card fraud. In this article, our Orlando… Read More »
Know Your Rights: How To Suppress Illegally Obtained Evidence
The Fourth Amendment to the U.S. Constitution protects you against illegal searches and illegal seizures. With limited exceptions, police officers generally need a warrant from a judge to conduct a search. Were you subject to an illegal search in Florida? You have legal options available. You can take action to get illegal evidence excluded… Read More »
You Have The Right To A Criminal Defense Attorney—But You Must Make A Unambiguous Request
Were you arrested on a criminal charge in Central Florida? If so, you are under no obligation to speak to police or prosecutors. Indeed, it is not in your best interests to do so without a criminal defense lawyer by your side. Your civil rights matter. The Fifth Amendment protects your right to remain… Read More »
When Is Theft A Felony Offense In Florida?
Theft is one of the most common criminal charges filed in Florida. It occurs when a person takes the money, assets, or property of another without their consent and with the intent to deprive the rightful owner. Theft is a serious criminal offense. A conviction on a theft charge can result in jail time…. Read More »
How Can You Get A Pardon For A Criminal Conviction In Florida?
A person who has been previously convicted of a state crime in Florida may seek relief in the form of a clemency or pardon. Clemency broadly refers to the process of absolving an individual from the punishment imposed by their conviction. This is not something you can seek from a court, however. Rather, clemency… Read More »
Can My Florida Criminal Conviction Be Overturned If The Eyewitness Changes Their Story?
Once a person is found guilty of committing a crime, it is an uphill process to overturn that conviction. But there are circumstances when a Florida court must at least consider the possibility the conviction was tainted. For example, what happens if a key prosecution witness later recants their trial testimony? In and of… Read More »
Does A Florida Police Officer Need A Warrant To Arrest Me?
A person is under arrest when they are “seized” by the police. That is, an officer must apply some form of physical force–usually placing handcuffs on the suspect–and taking them into custody. Under the Fourth Amendment to the United States Constitution, the police may not make an “unreasonable” seizure of an individual and must… Read More »
Does A Judge Have To Advise You Of Your Right To Counsel Before You Enter A Plea?
In any criminal proceeding, you have the right to consult with an attorney at every stage of your case. This right is especially crucial when it comes to an arraignment. An arraignment is usually the first time that a person appears in court to answer the charge against them. The judge will ask the… Read More »
What Inferences Can A Florida Jury Make In A Stolen Property Case?
We all know that theft is a crime. You cannot take someone else’s property without their consent. Along similar lines, it is also a crime to sell or “deal in” stolen property. Under Florida law, anyone who “traffics in, or endeavors to traffic in, property that he or she knows or should know was… Read More »
Can I Be Suspended Or Fired From My Job Following An Arrest?
A criminal arrest will seriously upend your life. Even if the charges or dropped–or you are ultimately tried and acquitted–the arrest alone can have negative consequences in the interim. For example, you could face suspension or termination by your employer. Florida is an “at-will” state when it comes to employment. This means that in… Read More »
How Asset Forfeiture Works In Federal Criminal Cases
A criminal charge can not only lead to the loss of your freedom. It can also lead to the loss of your property as well. It is common practice for prosecutors to seek “forfeiture” of any assets that are allegedly connected to criminal activity. Criminal forfeiture is part of the sentencing process. In the… Read More »
Is There A Difference Between Pleading “Guilty” And “No Contest”?
If the police arrest you on suspicion of committing a crime, you must be taken before a judge and arraigned. The main purpose of arraignment is for the defendant to enter a plea to the charges presented. If the defendant pleads “not guilty,” then the case will be held over for trial. The defendant… Read More »
How “Speedy” Is The Right To A “Speedy Trial”?
The Sixth Amendment to the United States Constitution famously declares that in all criminal cases, the accused “shall enjoy the right to a speedy and public trial.” The Constitution itself never actually defines the word “speedy,” however, so what does this actually mean? Does the state actually have a time limit to try you… Read More »
Can You Change Your Mind And Withdraw A Guilty Plea?
Criminal cases are often resolved by plea agreement. In simple terms, the defendant agrees to plead guilty (or sometimes “no contest”) to a specified charge, and in exchange the prosecution agrees to a particular sentencing recommendation. A plea agreement is not final until it is accepted by the court. And under Florida law, a… Read More »
