FAQS

Can a police officer arrest a person without providing the Miranda Rights?

They can, but it is illegal. Police officers are required to read the Miranda Warning to individuals who are being arrested. View Service

What is the Miranda Warning?

The Miranda Warning is the benefit offered to any person who is being arrested for any criminal cause, giving them the right to remain silent until a defense attorney is present. If the individual does not have the means necessary to pay an attorney, the state will assign a free public defender. In addition, police officers are required to read the rights in a language that will allow the accused to fully understand what exactly he/she is being accused of and what their rights are. View Service

When were the Miranda warning established?

The Miranda Rights were established in 1966 by the U.S. Supreme Court of Justice. View Service

If the police arrest a family member, can I send a lawyer to represent him/her?

Yes, you can do it but remember that the right to receive counseling is personal to the defendant which means that the defendant must request the right to be counseled. View Service

Can I be checked by the police if I am arrested?

Yes, the police do not need a warrant to check in the event you have been arrested. View Service

Are you entitled to an attorney at any time during a police interrogation?

You have the constitutional right to an attorney at the time of police questioning. Remember that everything you say can be used against you; you can say that you will not answer any question until you have a lawyer. You need not to answer any question until your lawyer is present. View Service

What is the difference between a misdemeanor and a felony?

A felony is a criminal act with more than a year of sentence while a misdemeanor is an offense punishable by a sentence of less than one year View Service

It is important to tell the truth?

You should know that it is very important to tell the truth because lying can cause more harm than good. Discussions with your attorney are protected, the Misdemeanor lawyer receives the largest and most valuable information through the client, this being a major source. View Service

Is it advantageous if I give myself voluntarily?

If a person comes before the charges are filed you may be able to avoid extradition. This is something positive and works to benefit the client. Judges see this act favorably. View Service

What is the difference between an arrest and a conviction?

Arrests are merely arrest; it is to take an individual into custody by the police. The prosecutor will have to notify you later if you are guilty of a crime or not. If the prosecutor decides to attribute a crime, the charges may be dismissed at the end. Anyway you may face charges, attend the trial and be absolved. So we must be clear that one can be arrested, not convicted, and not found guilty of any crime. A conviction is when you have already been at the court and found guilty of a crime regardless of the level of severity, and then this conviction will be on your record, no matter if you spent time in jail or not because there are other ways to pay sentences such as, monetary fines, voluntary serviceid and others. View Service

How is the offense of money laundering committed?

Money laundering offense is committed in circumstances where a person is engaged in an arrangement (by providing a serviceid or product) and that arrangement involves the proceeds of crime. These arrangements include a wide variety of business relationships e.g. banking, and investment management. In some cases the offence may also be committed where a person knows or suspects that the person with whom he or she is dealing is engaged in or has benefited from criminal conduct. View Service

If I am involved in an investigation, what should I do?

You should submit all information and documentation of any activity which has been linked to a lot of money. It is advisable to try to use electronic payments through banks. View Service

What differentiates an unusual operation of a suspect one?

An unusual operation is one that has no relation to the economic activities which will normally make the person; while a suspicious transaction is one that is unusual but presumed to come from illegal activity and has no economic basis. View Service

Are all crimes capable of predicating money laundering?

Different jurisdictions define crime predicating the offense of money laundering in different ways. Generally the differences between the definitions may be summarized as follows:

Differences in the degree of severity of crime regarded as sufficient to predicate an offence of money laundering. For example in some jurisdictions it is defined as being any crime that would be punishable by one or more years imprisonment. In other jurisdictions the necessary punishment may be three or five years imprisonment; or Differences in the requirement for the crime to be recognized both in the country where it took place and by the laws of the jurisdiction where the laundering activity takes place or simply a requirement for the conduct to be regarded as a crime in the country where the laundering activity takes place irrespective of how that conduct is treated in the country where it took place. In practice almost all serious crimes, including, drug trafficking, terrorism, fraud, robbery, prostitution, illegal gambling, arms trafficking, bribery and corruption are capable of predicating money laundering offences in most jurisdictions.

What is money laundered?

Money is laundered when a person or business deals in any way with the benefit of someone else's crime. That can happen in many different ways. Generally, money laundering takes place in three stages. Placement, the stage at which the funds are brought in the financial system. Layering, the process in which the property is 'laundered' and its ownership and source are camouflaged. Integration, the last stage at which the 'laundered' property is re-inserted into the legitimate economy. View Service

Is there any place where it is allowed to save money and the origin is not investigated?

Yes, these places are appointed fiscal paradise. Countries are exempt of tax payments or low invested that have bank accounts or large business in their territory, usually illicit money is transferred to these countries to hinder tracing the source of that money. View Service

What crimes fall under the RICO law?

By law the purpose of this organized criminal activity includes:

Any violation of state laws such as occupation of toxic substances, murder, extortion, arson, robbery, trafficking in, kidnapping. Any violation or act of embezzlement, counterfeiting, theft, bribery, fraud, obstruction of justice, money laundering, and commission of murder for hire. Assisting aliens to enter the country illegally. (if the action was for profit). Acts of terrorism.

What should I do to get sealed or expunged a criminal history record?

With the aim of having sealed a criminal record or set aside in the State of Florida, a person must first apply to FDLE for a Certificate of Eligibility. The Certificate of Eligibility does not signify that your criminal record was requested to sealing or expunging. It shows only that you are eligible for the type of resource being requested. The judicial record of a child may also be eligible for other types of expungement. View Service

Where is provided the application for Eligibility Certification?

The Eligibility Certification is provided by the FDLE to the Clerk of Courts in all sixty-seven counties within the Florida state. The application packages can be gathered from the criminal division from the entire county courthouse along the state. View Service

If the charges against me were dismissed, why do I still have a criminal record?

Because criminal records are known to the community excepting that the record is sealed or expunged. That record was created when the person is arrested and finger prints taken. View Service

If my civil rights have been restored, will my criminal record disappear?

No, individuals with previous conviction of a felony are not eligible for a seal or expunge of the criminal history records. View Service

If I had a criminal record sealed or expunge in another state, will I be able to have it sealed or expunged in the state of Florida?

Yes. View Service

Will the Florida Department of Law Enforcement notify every agency involved in my case?

Yes, The FDLE will send a letter to all the agencies involved with your case notifying that they have agreed with the order with the seal and expunge of the case. View Service

Who qualifies for sealing or expunging?

A person, who has not until that time expunged or sealed and has not been convicted as an adult, may meet the requirements or qualify. However, there are several exceptions. For example, in the state of Florida, there is automatic juvenile expunction of juvenile records at 24 or 26. View Service

Can I have all my arrest records sealed after been arrested several times but never pled guilty or been convicted of a crime?

This is not possible in the state of Florida since this state doesnt support innocent until proven guilty. Even when you are found not guilty, Florida only allows you to petition to seal or expunge only once in your lifetime unless the new arrest is linked to the initial arrest. View Service

What are the aggravating and mitigating factors?

Aggravating factors are components such as criminal history and the seriousness of the crime proposing the demand for a more severe discipline. Mitigating factors then again, will support a more merciful sentence. View Service

What are techniques used by perpetrators of domestic violence?

Typically, these techniques happen to be:

Dominance

How can I help someone who has been a victim of a sexual offense?

To help someone who has endured such bad experience, it is essential to listen and make sure the individual feels comfortable. Going to the police, hospitals, receiving advice from group therapies and looking for a lawyer who will advise them properly in such cases is imperative. It is also very important to convey the fact that it is not the victim's fault and it is natural to feel angry and/or embarrassed. View Service

How can someone know what happened was rape?

There are a few things to consider such as the ˜age of consent of the participant (based on state law), the mental and legal capacity of each individual to consent, and whether or not someone has forced or used physical force to make the victim have physical contact with him or her. View Service

If the victim was unconscious or asleep is it still rape?

Rape can take place while the victim is unconscious or asleep, which means the person wasnt aware of what was happening therefore he or she didnt give consent. When the individual doesnt give consent its called rape. View Service