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Beckham Law Firm Beckham Law Firm
2420 CORAL WAY MIAMI, FL 33145 786-244-8010
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FAQ

  • SPANISH dui FAQ 2

    • Sanciones por DUI de primera vez
      • Multa por $500 – $1,000
      • Sentencia en prisión de hasta 6 meses o libertad condicional hasta por un año
      • 50 horas de servicio comunitario obligatorio o una multa adicional $10 por cada hora de servicio comunitario requerido
      • Confiscación de vehículo durante 10 días
      • Revocación de licencia por mínimo 6 meses
    • Sanciones por DUI de primera vez en grado menor
      • Multa por $1,000 – $2,000
      • Hasta 9 meses
    • Sanciones por DUI de segunda vez
      • Multa por $1,000 – $2,000
      • Sentencia en prisión de hasta 9 meses
      • Sentencia mínima de 10 días si se recibe una condena dentro de los cinco años posteriores a un primer delito por DUI
      • Confiscación de vehículo por 30 días
      • Revocación de licencias por un mínimo de 6 meses
      • Revocación de 5 años si se recibe una condena durante los primeros 5 años después de la primera ofensa
    • Sanciones por DUI de segunda vez en grado menor
      • Multa por $2,000 – $4,000
      • Hasta 12 meses (si han transcurrido 5 años desde la última condena)
    • Sanciones por DUI de tercera vez
      • Multa por $1,000 – $2,500
      • Multa por $1,00
      • Multa por $2,000 – $5,000 si tuvo una condena en los 10 años posteriores al primer delito
      • Confiscación de vehículo por 90 días si fue condenado 10 años después de un primer delito
      • Revocación de licencia por 5 años
      • Revocación de 10 años si fue condenado en 10 años después de un primer delito
    • Sanciones por un DUI de tercera vez de grado menor
      Multa mínima de $4,000
    • Sanciones por un cuarto DUI
      • Multa mínima de $1,000
      • Sentencia en prisión de hasta 5 años
      • Revocación obligatoria de licencia permanente (no candidato para una licencia condicional)

  • SPANISH dui FAQ 1

    • ¿Un DUI aparecerá en una verificación de antecedentes?
      Sí. Los arrestos y condenas por DUI pueden aparecer en una verificación de antecedentes penales, lo que significa que un solo DUI puede tener efectos a largo plazo en sus posibilidades.
    • ¿Un DUI afectará mi empleo?
      Una condena o arresto por DUI en una verificación de antecedentes puede afectar sus posibilidades de empleo dependiendo de su carrera. Si, por ejemplo, usted conduce un camión, un DUI puede costarle perder su CDL; también lo llevaría a enfrentar más dificultades para encontrar un trabajo nuevo a futuro. Es probable que sea aún más difícil mantener un horario de trabajo regular si usted pierde su licencia por una condena por DUI.
    • ¿Un DUI puede afectar mi solicitud de ciudadanía?
      Cualquier condena criminal puede tener un efecto adverso en su solicitud de ciudadanía. Si bien este es un tema severo, podría no descarrilar el proceso completo de aplicación. Por tal, si su solicitud de ciudadanía está en peligro, debe luchar arduamente contra un cargo por DUI.
    • ¿Un DUI afectará mi tarjeta verde?
      Debido a que es una condena penal, sí puede tener efectos sobre su tarjeta verde. De nuevo, es probable que no pierda su tarjeta verde o deba enfrentarse a una deportación de manera inmediata, pero es una probabilidad.

  • Battery

    • Self-defense
      We could assert that you acted to protect yourself from imminent harm. To successfully pursue this defense, we must be able to demonstrate that the threat was immediate and that your response was proportional to the perceived threat.
    • Acting in defense of others
      Similar to self-defense, we could argue you took reasonable steps to protect another individual from harm. This requires establishing that your belief in the need to protect others was reasonable and that the actions taken were necessary and proportional to the perceived threat.
    • If both parties consented to engage in an activity where physical contact is expected, the agreement may serve as a defense against assault and battery charges.
    • Accidental harm
      Establishing that your actions leading to the alleged battery were entirely accidental can serve as a powerful defense. This defense asserts that there was no intention to cause harm and that any injury occurred due to unforeseen circumstances.
    • Mistaken identity
      We could pursue a mistaken identity defense if you believe you were wrongfully accused of the crime due to misidentification. This strategy can involve presenting evidence that demonstrates your alibi, discrepancies in witness statements, or the unreliability of eyewitness accounts. If successfully argued, this defense can create reasonable doubt.
    • False allegations
      Unfortunately, false accusations involving assault and battery do occur. In these cases, we can challenge the credibility of the accuser or present evidence that contradicts the claims made against you. This may involve showcasing inconsistencies in the accuser’s statements or providing alibi evidence that demonstrates your innocence.

  • Your DUI

    • Regarding The Stop
      • Did the police pull you over for no reason?
      • Did the police tell you a reason, but issued you a citation for a different reason?
      • Was your vehicle parked when the police first came in contact with you?
      • Did you pull over as soon as you became aware you were being stopped?
      • Did you pull over without weaving or swerving?
      • Were you stopped by the police at a DUI checkpoint?
      • Were you outside the vehicle when the police arrived?
    • Regarding The Field Sobriety Tests
      • Did the police officer fail to inform you that the field sobriety tests are voluntary?
      • Did nervousness or exhaustion affect your performance on the field sobriety tests?
      • Did you have any physical problems, which would affect your performance on the field sobriety tests?
      • After you were placed under arrest, did the police read you your Miranda warnings?
      • Were the field sobriety tests performed close to or on the roadway?
      • Did the officer administer the tests on a surface which was not well lit, clean and flat?
      • Did you perform the tests with high heels on?
    • Regarding The Breath Test
      • Did the police “persuade” you into taking the breath test?
      • Did the police tell you to “keep blowing” during the breath test?
      • Did the police need several breathalyzer attempts to get a final reading?
      • Did the police fail to observe you for 20 minutes prior to the test?
      • Were you wearing removable dentures during the breath test?
      • Did you consume your last alcoholic drink within one hour of taking the breath test?
      • Is your breath reading below a .11?
      • Is there a variation in the breath readings?

  • BUI

    • The penalties for boating under the influence on a first conviction can include:
      • Fines ranging between $500 and $1,000
      • Up to six months in jail
    • For a second BUI conviction, the penalties can include:
      • Fines ranging between $1,000 and $2,000
      • Up to nine months in jail
    • For a third BUI conviction within ten years of a prior conviction, the individual is guilty of committing a third-degree felony
      • Fines ranging between $2,000 and $5,000
      • Up to five years of incarceration

  • aggravated

    • High BAC
      If the driver’s breath or blood test results indicate a BAC of 0.15% or higher, they can face aggravated DUI charges.
    • Having a minor in the vehicle
      If the driver commits DUI with a minor passenger in the vehicle (under the age of 18), this constitutes an aggravated DUI.
    • Multiple DUI offenses
      If the driver has prior DUI convictions, this can enhance the charges to an aggravated DUI.
    • Causing serious injury or death
      If the drunk driving incident results in a severe injury or fatality (DUI manslaughter), the offense can be enhanced to an aggravated DUI.
    • Driving with a suspended or revoked license
      Operating a vehicle under the influence while your driver’s license is suspended or revoked constitutes aggravated DUI charges.
    • Excessive speeding or reckless driving
      DUI involving excessive speeds or reckless driving can enhance the charges to an aggravated DUI, such as operating a vehicle at more than 30 miles over the posted speed limit or driving on the wrong side of the road.

  • What To Look FAQ

    • It’s critical to choose a lawyer with a strong background in criminal law and experience in handling cases that are similar to yours.
    • Range of experience
      Our time-tested trial lawyers are familiar with the criminal justice system to represent you throughout every stage of the process, including arraignment hearings, pre-trial motions, criminal appeals, and at trial if necessary.
    • Reputation
      Maximize your chance of obtaining a favorable outcome by choosing a criminal defense firm that not only has a reputation for legal excellence and results, but also for providing attentive, high-quality representation to their clients.
    • Community roots
      When choosing a lawyer, consider their presence in your local community. Partnering with a firm that has established relationships with local clerks, judges, and courtroom processes can be invaluable to your case.
    • Professional accolades

      While reviewing a firm’s client testimonials and referrals within your local area can be insightful, you may also want to consider professional accolades and recognition, such as awards, publications, and memberships in prestigious legal organizations.

  • What To Look TOC

    • When your life and liberty are at stake, you need experienced representation. With a former prosecutor and public defender on your side, you can trust Beckham Law Firm to guide your legal steps with wisdom and care. Our exclusive focus on criminal defense and experience on the other side of the aisle gives our defense attorneys a formidable edge in the courtroom, allowing us to anticipate and analyze prosecutorial strategies while vigorously defending your rights.

    • Awards & Recognition

      Our firm is the proud recipient of the Martindale-Hubbell AV Preeminent™ rating, meaning our attorneys are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Our lawyers have forged a distinguished reputation backed by high-profile awards, including Super Lawyers, an A+ rating from the Better Business Bureau, and a Superb 10.0 Avvo rating.

    • Winning Results

      Our firm has handled over 10,000 cases in Miami-Dade County. With over a 90% success rate and a winning track record of results in a variety of criminal cases, our criminal defense attorneys are well-equipped to provide the strong defense you deserve. Our winning results and decades of experience speak for themselves, giving you peace of mind that your future is in capable hands.

    • Client-Centric Approach

      When facing criminal allegations, you need more than legal experience and winning results—you also need a firm you can trust to prioritize your best interests. At Beckham Law Firm, we understand that every case is unique, which is why we take a unique approach to every case we handle. Our client-centric approach focuses on honest, open communication and transparency to keep you informed and up-to-date about your case.

    • When your hard-earned reputation is threatened by criminal charges, you need a qualified attorney you can trust to safeguard your rights. With years of experience in state and federal courts, our attorneys are well-versed in state and federal law to defend against a wide range of crimes. Whether you’re accused of a federal crime or violating Florida’s DUI laws, our lawyers have a comprehensive understanding of the criminal justice system to provide a skilled defense.

    • Community-Oriented

      At Beckham Law Firm, we have strong community roots in Miami-Dade County. Our attorneys were born and raised in Miami and graduated from the University of Miami School of Law, giving us invaluable insight into local court processes and procedures. In our many years of experience, we have forged relationships with all the local judges in our community, empowering us to make a true difference in the lives of our clients.

  • Mortgage

    • Inflating an appraisal to obtain a higher mortgage loan
      This deceptive practice can occur when a borrower seeks to gain access to more funds than they are eligible for based on the property's true market value.
    • Misrepresenting income or assets
      This occurs when an applicant intentionally provides false information or omits crucial details regarding their financial situation to secure a loan they might not otherwise qualify for. Lenders rely on accurate income and asset disclosures to assess the risk associated with providing a mortgage.
    • Posing as a borrower on behalf of another party
      This practice, often referred to as "straw borrowing," occurs when someone applies for a mortgage using another person's identity or financial information without their knowledge or consent. The intent is typically to secure loans under more favorable terms or bypass qualifications that the actual borrower may not meet.
    • Equity skimming
      Equity skimming is a fraudulent scheme in which a buyer acquires property from an unsuspecting homeowner, often in financial distress, with the intent to profit from the property's equity while leaving the homeowner to face the consequences. Typically, the buyer convinces the homeowner to transfer the title of the property, promising to take over mortgage payments or sell the property for a profit. However, the buyer often neglects the mortgage payments, leading to foreclosure, while they may profit by renting out the property or selling it to another party.
    • Foreclosure prevention and loan modification scams
      These scams target homeowners facing financial difficulties, often promising relief from imminent foreclosure in exchange for upfront fees or personal information. Scammers may falsely claim they can negotiate with the lender to lower monthly payments or secure favorable loan term modifications.
    • Illegal property flipping
      Illegal property flipping occurs when a property is purchased and then quickly resold at an artificially inflated price, often within a short time frame, without any substantial improvements made to the property. This practice aims to deceive lenders and buyers about the property's true value and market conditions. Flippers often use deceptive appraisals or misrepresent the property's status to secure higher financing, which is then misused to profit from the difference.
    • Air loans
      Air loans refer to fictitious mortgage loans that are created without an actual property backing them. In this fraudulent scheme, a lender issues a mortgage based on a non-existent or deliberately misrepresented property, often using fabricated documentation. The intention behind air loans is typically to secure funds from the lender without any real collateral, leading to severe financial losses for the lender when the fraud is discovered.
    • Home Equity Conversion Mortgage (HECM) schemes
      HECMs are government-insured reverse mortgages designed to allow seniors to convert a portion of their home equity into loan proceeds while still living in their homes. However, HECM schemes can become fraudulent when individuals exploit these loans by misrepresenting the homeowner's financial situation, manipulating the appraisal process, or targeting vulnerable seniors for predatory practices. In such schemes, fraudsters may convince homeowners to take out a HECM and then siphon off the proceeds, leaving the homeowners unaware of the growing debt against their property.

  • tax evasion

    • Lack of Intent
      Arguing you did not intend to evade taxes or commit tax fraud involves providing evidence that any inaccuracies in tax filings resulted from honest mistakes or negligence rather than a conscious effort to mislead tax authorities. For example, we might argue that you misunderstood complex tax laws or made errors when calculating deductions, thus lacking the intent necessary to establish evasion.
    • Inaccurate Information from Professionals
      We may assert that you relied on the advice of tax professionals or accountants when filing your taxes. If a tax advisor provided incorrect or misleading information that led to reporting inaccuracies, this may serve as a valid defense. The argument here is that you operated under the belief that you were complying with the law based on expert guidance.
    • Financial Hardship
      In cases involving failure to pay taxes, demonstrating genuine financial hardship can be a defense strategy. We may argue that you were unable to meet your payment obligations due to unforeseen circumstances, such as sudden medical expenses or job loss. If successful, this defense might result in more lenient treatment from authorities or reduced penalties rather than being seen as engaging in deliberate evasion.
    • Mistaken Classification or Reporting
      Accusations of tax evasion can sometimes stem from misclassification of income or the nature of deductions. In these situations, we can work to show that your classifications were based on reasonable interpretations of tax laws or that you did not have the necessary information to report accurately. For example, you could argue that you believed certain funds classified as gifts were not taxable.
    • Constitutional or Procedural Defenses
      Under certain circumstances, we could argue your rights were violated during the audit or investigation process. For example, evidence obtained through unlawful searches or seizures may be inadmissible in court, providing grounds for dismissing the case.
    • Cooperation with Authorities
      Demonstrating that you have fully cooperated with tax authorities during an investigation can sometimes serve as a mitigating factor. This defense strategy asserts that you demonstrated good faith by providing requested documents and information, which may lead to a more favorable resolution, such as reduced penalties or even dismissal of charges.

  • insider trading

    • Lack of materiality
      In securities law, material information is defined as information that a reasonable investor would consider important when making investment decisions. Demonstrating that the information was insignificant or irrelevant to potential investors may weaken the prosecution's case.
    • No intent to trade on nonpublic information
      We may argue that you did not intend to trade on nonpublic information, suggesting instead that your trades were based on publicly available information or other business metrics unrelated to insider data. Proving a lack of intent can be a powerful argument, especially if you can show a pattern of trading that aligns with market movements rather than inside knowledge.
    • Established trading plans
      Another potential defense strategy involves the use of pre-established trading plans. These plans allow insiders to set up predetermined schedules for buying or selling shares, thus removing the element of discretion when they possess nonpublic information. If we can demonstrate that your trades were conducted in accordance with a safe harbor plan, we may be able to successfully combat the charges, as these plans are designed to help avoid insider trading violations.
    • Public information
      Demonstrating that the information used to make trading decisions was already publicly available can serve as a robust defense. This defense may be available if there is evidence that your trading was based on facts accessible to all investors. This often involves a detailed review of the timing and nature of the information cited by the prosecution.
    • Mistaken belief of legality
      In some cases, we may argue that you genuinely believed your actions were legal, citing a lack of clarity in insider trading laws or misunderstandings about your specific case. While this defense is less common, it may resonate with juries or judges, especially if you have taken steps to comply with regulatory requirements.

  • Felony

    • First-Degree Felonies
      include offenses like armed robbery or aggravated assault on a police officer while on duty.
    • Second-Degree Felonies
      Include offenses like aggravated battery or selling marijuana to minors.
    • Third-Degree Felonies
      Include offenses like burglary, grand theft, or third DUI charges within 10 years of a prior conviction.
    • Life Felonies
      Include offenses like aggravated sexual assault or sexual battery committed against a child under the age of 12.
    • Capital Felonies
      Include the harshest felony offenses, such as first-degree murder.

  • Sexual Assualt

    • Sexual Battery (Rape)
      Sexual battery is defined as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object” (Florida Statutes § 794.011). This includes rape and attempted rape, which both fall under the broader umbrella of sexual battery.
    • Statutory Rape
      Statutory rape is defined as unlawful sexual activity with minors(§ 794.05).Under state law, minors under the age of 16 cannot legally consent to sex. This means that even if the alleged victim consented to the sexual act, you can still face charges for statutory rape.
    • Indecent Exposure
      Indecent exposure is defined as exposing one’s genitals in a lewd or lascivious manner (§ 800.03). This offense can be charged as a misdemeanor or felony, depending on the circumstances.
    • Sexual Assault by a Person in Authority

      A person in a position of authority, such as a teacher or coach, who engages in sexual activity with someone under their care can be charged with sexual assault. If an adult commits this crime against an alleged victim between the ages of 12 and 18, they can face first-degree felony charges punishable by life in prison.

  • prostitution

    • Solicitation
      This offense is illegal under Florida Statutes § 796.07(2)(f). It refers to requesting, enticing, or directing another person to engage in prostitution. Even if you don’t complete the transaction, simply offering money or other items of value for sex can result in a solicitation charge.
    • Procuring
      This offenseis defined as inducing, persuading, encouraging, or causing another individual to engage in prostitution under (§ 796.03). It involves acting as a pimp or otherwise facilitating and promoting prostitution.
    • Pandering
      This criminal offense is committed when a person compels or entices another person into prostitution through threats, fraud, coercion, force, intimidation, or any other means of control (§ 796.04(3)).
    • Pimping
      This criminal offense involves living off the earnings of prostitution, benefiting financially from another person’s prostitution activities, or managing or owning a brothel (§ 796.05).
    • Keeping a place for prostitution
      It’s illegal to maintain any building or structure used for the purpose of engaging in prostitution under Florida Statutes § 796.07(4).

  • Child P

    • Search and Seizure
      The Fourth Amendment of the United States Constitution provides protection against unreasonable searches and seizures. In child pornography cases, the prosecution often relies on evidence obtained from electronic devices such as computers, smartphones, and tablets. For such evidence to be admissible, law enforcement must typically obtain a valid search warrant based on probable cause. The warrant must be specific, detailing the place to be searched and the items to be seized. Any evidence obtained through an unlawful search and seizure may be subject to suppression under the exclusionary rule, which means it cannot be used in court.
    • Complications of Digital Evidence
      Digital evidence frequently plays a central role in child pornography cases, and its admissibility is subject to rigorous scrutiny. Law enforcement agencies must ensure that the collection, preservation, and analysis of digital evidence comply with established forensic standards. For example, a proper chain of custody must be maintained to demonstrate that the evidence has not been tampered with or altered. Additionally, the methods used to extract and analyze digital data must be scientifically sound and reliable, often necessitating expert testimony to explain technical processes to the jury.
    • Hearsay Evidence and Testimony
      Hearsay evidence, which is an out-of-court statement offered to prove the truth of the matter asserted, is generally inadmissible. However, there are exceptions to this rule that can apply in child pornography cases. For example, statements made by children or victims might be admissible under certain conditions, such as if they fall under the "excited utterance" or "present sense impression" exceptions. Witness testimony, particularly that of law enforcement officers and digital forensic experts, also plays a crucial role and must meet the credibility and reliability standards set forth by the court.
    • Relevance and Prejudice
      For evidence to be admissible, it must be relevant to the case, meaning it has a tendency to make a fact more or less probable than it would be without the evidence. However, even relevant evidence can be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion of the issues, or misleading the jury. In child pornography cases, the graphic nature of the material can be highly prejudicial. Courts must carefully weigh the necessity of presenting such evidence against the potential for undue prejudice.

  • Sex crimes

    • The first and most critical step is to remain as calm as possible and seek legal representation immediately. Contacting a skilled criminal defense attorney who has experience with sex crime cases should be your top priority. Our Miami sex crime attorneys can help you navigate the complexities of the legal system, provide personalized advice, and fight to protect your rights throughout the process.
    • Do Not Engage with the Accuser
      No matter how angry you are, avoid any direct contact or communication with the accuser. Engaging with them could exacerbate the situation and be used against you in court. Any attempts to refute the claims directly should be handled by your attorney or through legal proceedings.
    • Preserve Evidence
      Begin collecting and preserving any evidence that may support your innocence. This could include text messages, e-mails, social media interactions, photographs, and any other relevant documents. Documenting your whereabouts and activities around the time of the alleged incident can also be crucial.
    • Identify Witnesses
      Compile a list of potential witnesses who can corroborate your version of events. These witnesses might include friends, family members, colleagues, or anyone who was with you during the time in question. We can help reach out to these individuals to gather statements and build your defense.
    • Be Cautious with Information Sharing
      Refrain from discussing the accusations with anyone other than your attorney. Sharing details with friends, with your family, or on social media can lead to unintended consequences. Information can be misconstrued, and anything you say might be used as evidence in court.
    • Avoid Self-Incrimination
      Exercise your right to remain silent, especially when dealing with law enforcement. Politely decline to answer questions until your lawyer is present. Giving statements without legal guidance can inadvertently harm your defense.
    • Prepare for Potential Civil Consequences
      Be aware that the accuser may also pursue civil actions for damages, even if the criminal charges are dropped or you are acquitted. We can help review what steps may be necessary to mitigate any civil claims that might arise.
    • Get Mental and Emotional Support
      Facing false accusations of such a serious nature can be taxing on your mental and emotional well-being. Consider seeking additional support from a mental health professional or counselor to help you cope with the stress and anxiety of the situation.

  • Witness

    • Lack of Intent
      It will be much harder to convict you of witness tampering if we can successfully argue that you had no intent to influence testimony or obstruct justice. Put another way, establishing that your actions were misunderstandings or miscommunications that lacked nefarious intent could significantly weaken the prosecution’s case.
    • Coercion or Duress
      Demonstrating that you yourself were under threat or coercion to commit the alleged acts of witness tampering can serve as an effective defense. Showing that you were forced to interfere with a witness’s testimony under the duress of immediate danger or harm could absolve you of legal responsibility.
    • Insufficient Evidence
      A common defense strategy in criminal cases is to challenge the sufficiency and reliability of the evidence presented by the prosecution. This could involve disputing the credibility of the witnesses testifying against you, questioning the objectivity of the investigation, or highlighting inconsistencies and gaps in the prosecution's case. If the evidence can be cast into doubt, the charges may not stand.
    • First Amendment Rights
      In certain cases, we might argue that your actions are protected under the First Amendment rights to free speech. This would involve asserting that you were merely engaging in lawful communication without the intention of tampering with a witness. However, this defense must clearly delineate between protected speech and actions intended to obstruct justice.
    • Alibi
      Presenting a solid alibi that places you elsewhere during the time the alleged tampering took place can serve as a strong defense. If we can convincingly show that you were not at the scene or involved in the witness tampering actions, the charges may be dismissed.
    • Entrapment
      In some circumstances, we might argue entrapment, claiming that law enforcement induced you to commit an act you would not have otherwise engaged in. This defense hinges on showing that the government agents or officials initiated and promoted the tampering conduct, thereby compelling you to commit the offense.
    • Mistaken Identity
      In scenarios where you are blamed for tampering that was carried out by someone else, we can argue a defense of mistaken identity. This involves presenting evidence that another individual committed the actions in question, which may include eyewitness testimony, surveillance footage, or other exculpatory evidence.

  • Perjury

    • Lack of Intent
      Since perjury requires the false statement to be made willfully and with knowledge of its falsehood, we can potentially argue that you did not know the statement was false at the time it was made. For example, demonstrating that you reasonably believed the information to be true or that there was a misunderstanding can negate the intent required for a perjury conviction.
    • Recantation
      Florida law provides an opportunity for recantation as a defense in perjury cases. Retracting a false statement during the same proceeding before the falsehood substantially affects the legal process can serve as a valid defense. The timing of the recantation is crucial. It must occur before the false statement has impacted the outcome or the decision-making process of the court.
    • Ambiguity of Statements
      We might argue that the statements in question were not explicitly false but rather ambiguous or open to multiple interpretations. If the language or context of your statement can be reasonably interpreted in more than one way, we may be able to convince the court that your statement was not clearly false.
    • Coercion and Duress
      In some cases, individuals may be compelled to make false statements under threat or coercion. Establishing that you were under significant pressure or duress when making your statement can serve as a mitigating factor or even a full defense. Evidence of threats or intimidation from other parties can help support this defense strategy.
    • Insufficient Evidence
      Florida's perjury laws require corroborating evidence beyond the testimony of a single witness to secure a conviction. We could argue that the prosecution has failed to provide sufficient corroborating evidence to meet this requirement. By challenging the credibility, reliability, or sufficiency of the evidence presented, we can work to create reasonable doubt regarding your guilt.
    • Entrapment
      Entrapment occurs when law enforcement officials induce an individual to commit a crime they would not have otherwise committed. If we can demonstrate that the authorities essentially created the situation that led to your false statement, we can establish that your perjury charges arose from entrapment, which can be a viable defense. This strategy depends on demonstrating that you were targeted and manipulated into committing perjury by law enforcement.

  • Misdemeanor

    • Investigation and evidence collection
      From advocating for the dismissal of illegally obtained evidence to gathering evidence to fortify your defense, our firm can thoroughly investigate your case and develop an effective legal strategy tailored to your unique circumstances.
    • Pre-trial motions and negotiations
      As time-tested trial attorneys, our lawyers are well-equipped to represent your best interests at every stage of the legal process. From your initial arraignment hearing to appeals to criminal litigation, you can trust our firm to provide a fierce defense.
    • Plea bargaining
      With former prosecution experience and an in-depth understanding of state and federal law, our advocates are skilled at anticipating and analyzing prosecutorial strategies to pursue a favorable outcome. If necessary, we can negotiate potential plea bargains or alternative sentencing with the prosecution.
    • Jury selection and trial presentation
      While it’s possible to resolve criminal cases during pre-trial negotiations, our trial lawyers have extensive experience in the courtroom to protect your rights and defend your case before a judge or jury.
    • Sentencing mitigation strategies
      If you plead no contest or are found guilty at trial, our lawyers can implement various mitigation strategies to reduce the penalties you’re facing, such as presenting evidence of mitigating factors that may have contributed to the crime.

  • Hit and Run

    • Lack of Evidence
      In any criminal case, the prosecution bears the burden of proof, meaning they must prove your guilt beyond a reasonable doubt to convict you. In cases involving a lack of evidence, we can challenge the sufficiency or credibility of the evidence presented by the prosecution to potentially reduce or dismiss the charges you’re facing.
    • Mistaken identity
      Law enforcement will typically use the vehicle's license plate to identify the perpetrator in a hit-and-run accident. If you’re the owner of the vehicle but weren't driving it when the accident occurred, we can fight to dismiss the charges on the grounds of misidentification.
    • Lack of knowledge or intent
      In some cases, hit-and-run offenders may have been genuinely unaware of the accident. If you were unaware of your obligations due to your lack of knowledge about the hit-and-run, we can advocate for the dismissal of charges.
    • Mitigating circumstances
      This is a strong defense strategy for hit-and-runs that provides context for the driver’s actions, such as emergencies or extenuating circumstances affecting their behavior.
    • Cooperation with authorities
      This can be an effective defense if you reported the accident to local authorities promptly. Demonstrating your cooperation with law enforcement can positively reflect on your case by establishing your good intentions.

  • Drug Possession

    • Unlawful Search and Seizure
      The Fourth Amendment protects citizens from unreasonable searches and seizures by law enforcement officials. If your rights were violated during a search or seizure, evidence obtained through these means may be inadmissible in court. An experienced drug possession defense attorney can examine police conduct leading up to your arrest and challenge any unlawful actions.
    • Lack of Possession
      The prosecution must prove that you had actual or constructive possession of the drugs in question to secure a conviction. If there isn’t substantial proof linking you to the drugs found, our lawyers can argue that you lacked control or knowledge of their presence, potentially resulting in dismissed charges.
    • Entrapment
      Law enforcement officers use various tactics to catch individuals in possession of illegal drugs. Sometimes, these methods involve entrapping an individual into committing a crime that they otherwise wouldn’t have committed. If you were coerced or persuaded into possessing drugs, our skilled advocates can thoroughly investigate your case to gather evidence of entrapment and establish a well-fortified defense on your behalf.
    • Substance Misidentification
      Certain substances may resemble illicit drugs, but aren’t actually considered controlled substances. If the prosecution mistakenly identifies a harmless substance as an illicit drug, we can challenge their findings and work towards getting your charges dismissed altogether.

  • Drug Crimes

    • Drug Possession
      Possession is defined as the unlawful control or ownership of a controlled substance. Possession can be classified as either actual, where an individual has direct physical control over the substance, or constructive, where an individual has the right to control the substance, even if it is not in their immediate possession. The severity of the charges can vary based on the type and amount of drug involved.
    • Possession with Intent to Distribute
      This charge elevates the seriousness of a drug possession offense and generally comes with harsher penalties. It refers to the unlawful possession of a controlled substance with the intention of selling, delivering, or distributing it to another person. Types of evidence that can establish an intent to distribute include the quantity of the substance found, the presence of packaging materials commonly used for sale, scales, or large amounts of cash.
    • Fraudulently Obtaining Controlled Substances
      An individual can face these charges if they acquire or attempt to acquire controlled substances through deception or misrepresentation. This can involve various methods, such as using false identification, altering prescriptions, or presenting an invalid prescription to a pharmacy.
    • Drug Cultivation or Manufacturing
      Drug cultivation and manufacturing refers to the illegal process of growing, producing, or synthesizing controlled substances. This includes the cultivation of plants like cannabis, as well as the production of synthetic drugs or illicitly manufactured substances. Cultivation can involve various activities, such as planting and harvesting, and is considered a serious offense when conducted without legal authorization. Manufacturing, on the other hand, entails the chemical processes used to produce controlled substances, which may include the use of specialized equipment and hazardous materials.
    • Drug Distribution
      This is defined as the illegal sale, delivery, or transportation of controlled substances. This encompasses a wide range of activities beyond simply selling drugs. It also includes sharing drugs with others, giving away substances without compensation, or transferring drugs for any form of gain. Florida law considers the quantity of drugs involved and the methods used for distribution when determining the severity of the charges. Distribution charges can potentially apply to both large-scale trafficking operations and smaller transactions.
    • Drug Trafficking
      Drug trafficking is distinct from distribution in that it covers the distribution, sale, or importation of controlled substances across state lines or international borders. Individuals charged with drug trafficking typically face federal charges, as federal law governs the interstate and international movement of controlled substances.

  • Dom Violence

    • Lack of Evidence
      The prosecution must prove your guilt beyond a reasonable doubt. Depending on the situation, we could argue that the prosecution has failed to provide sufficient proof of the alleged act. Highlighting inconsistencies in witness testimonies or the absence of physical evidence can strengthen this approach.
    • Self-Defense
      We could argue you acted in self-defense if it is possible to demonstrate that your actions were a necessary response to an imminent threat. This defense requires showing that the force you used was proportionate to the threat you faced and that you genuinely believed you or someone else was in danger.
    • False Allegations
      Unfortunately, some domestic violence allegations are fabricated. If you know you have been falsely accused, we may work to establish a motive for your accuser to fabricate the incident, such as jealousy, revenge, or a desire for financial gain.
    • In some instances, particularly involving intimate partners, we may argue that the actions in question were consensual. This strategy hinges upon demonstrating that both parties engaged willingly in the actions cited in the allegations.
    • Violation of Rights

      If law enforcement violated your rights during the investigation or arrest – such as through unlawful searches, failure to provide Miranda rights, or coerced confessions – the improperly obtained evidence could be deemed inadmissible in court. As a result, the prosecution may struggle to build a solid case against you.

  • Criminal Defense

    • Types of Criminal Cases We Handle

      Beckham Law Firm is dedicated to defending the accused throughout Miami-Dade County. Our criminal defense lawyers are well-versed in Florida criminal law to represent your best interests in a wide range of criminal matters. Common cases we handle include:

      • DUI defense: Whether you’re a first-time DUI offender or have prior convictions, our firm can employ a vigorous defense on your behalf to help you avoid the harsh penalties of a DUI conviction.
      • White-collar crimes: Our firm represents clients accused of financial fraud, embezzlement, insider trading, and other non-violent financial offenses, using comprehensive strategies to protect their professional and personal reputations.
      • Aiding and abetting: If you’re accused of assisting in the commission of a crime, we can help you establish a strong defense to challenge the charges against you.
      • Weapon offenses: We defend against various gun crimes to safeguard your freedom, including charges involving the illegal possession, use, or distribution of firearms and other weapons.
      • Theft crimes: Our attorneys handle cases involving burglary, larceny, shoplifting, and other theft-related charges with a focus on minimizing penalties and achieving favorable outcomes.
      • Sex crimes: From child pornography to sexual assault, a sex crime conviction can ruin your life. Our advocates are knowledgeable about the sensitive and urgent nature of sex offenses to protect against reputational damage and negotiate for reduced penalties if necessary.
      • Felony crimes: We defend against serious felony offenses to pursue a favorable outcome in your case, including violent crimes and repeat offender cases.
      • Battery: We represent clients facing battery charges by thoroughly investigating the incident and establishing a solid defense to combat the accusations.
      • Airport crimes: From TSA violations to smuggling, our firm is experienced in the legal complexities of airport crimes to defend your rights in court.
      • Domestic violence: Our attorneys work diligently to defend clients against domestic violence allegations, focusing on minimizing legal consequences and protecting their future.
      • Hit-and-runs: If you’re accused of fleeing the scene of an accident, we can protect your rights by challenging the evidence and mitigating the impact on your record.
      • Misdemeanor crimes: We defend against misdemeanor offenses to help you avoid harsh penalties, such as petty theft or disorderly conduct.
      • Murder: Our lawyers aggressively defend against murder charges. We can protect your rights by examining all the evidence, negotiating possible plea deals, and fighting to restore your freedom.
      • Obstruction of justice: If you were accused of interfering with law enforcement or judicial processes, we can fight to make sure your side of the story is heard.
      • Federal crimes: Our attorneys are skilled in navigating even the most complex federal cases. From drug trafficking to financial crimes, we use a thorough and strategic approach to advocate for just outcomes.
    • What to Expect During a Criminal Court Appearance

      Appearing in criminal court can be a daunting experience, but understanding the legal process can help alleviate stress and anxiety during this difficult time. Partnering with a qualified lawyer is essential to navigate the criminal proceedings and understand the legal options available to you.

      Depending on your case, you may be required to appear in court at various stages of the criminal proceedings, including:

      Arraignment Hearing

      In Miami-Dade County, your first appearance is usually an arraignment hearing. At this stage, you will be formally charged and asked to enter a plea of guilty, not guilty, or no contest. Your attorney can leverage their in-depth legal knowledge to advise you on the best plea to enter based on your unique case.

      Preliminary Hearing

      If you plead not guilty, your next appearance will be at the preliminary hearing, where the judge will decide if there’s enough evidence to proceed with the charges. At this stage, your lawyer will have the opportunity to challenge the evidence and argue for a dismissal or reduction of charges.

      Pre-Trial Motions

      Pre-trial motions give both the defense and prosecution a chance to request the court to rule on certain matters before the trial begins, such as filing motions to suppress evidence or dismiss certain charges. Your lawyer can collaborate with you to strengthen your defense during this stage.

      Criminal Trial

      If your case goes to trial, both sides will present evidence and call witnesses to testify. The prosecution must prove beyond a reasonable doubt that you committed the crime. Throughout the trial, your attorney will challenge the prosecution's case and present evidence to support your innocence.

      At any stage of the process, there may be opportunities for plea negotiations, where your lawyer works with the prosecution to reach an agreement that may result in reduced charges or sentencing. This can be a valuable option to consider, depending on the specifics of your case. Remember, understanding the criminal court process and consulting with a skilled defense lawyer are critical steps to achieving a favorable outcome.

    • What to Do After Resisting Arrest

      Resisting arrest by law enforcement can result in additional criminal charges. Individuals accused of resisting arrest are often perceived as violent or aggressive, opening the door to third-degree felony charges for assault or battery of a peace officer under Florida law. If no violent action is taken while resisting arrest, you may face first-degree misdemeanor charges. Regardless of the circumstances, seeking sound counsel is a must to avoid harsh penalties. Beckham Law Firm can evaluate your case with a practiced legal eye to determine an effective defense to employ on your behalf.

    • Common Defense Strategies We Utilize

      At Beckham Law Firm, we believe everyone is entitled to a strong defense. Our firm can collaborate with you to develop a legal strategy tailored to your specific case. With our vast network of professional contacts and resources, you can rely on our attorneys to gather evidence, interview eyewitnesses, arrange expert testimonies, and utilize all available resources to pursue the best possible outcome. Regardless of the charges against you, we can help you build a well-fortified defense while guiding your steps with wisdom and transparency.

    • How Much Is Bail in Florida?

      Bail is set to make sure that the defendant attends all trial and pre-trial court proceedings. With the exception of capital felony crimes, every person in Florida has the right to be released from jail on bond. Bail amounts will vary based on various factors, such as the type and severity of the alleged offense and any prior convictions. However, the judge retains broad discretion to set bail amounts that cannot be negotiated, making it crucial to partner with a seasoned defense attorney who can advocate for a fair outcome.

    • Understanding Bond Reduction

      Bond hearings are held at an early stage in a criminal case to establish the cost of bail. Your judge can determine if giving a bond amount is appropriate and what amount should be posted. You can request a separate bond hearing if no bond is set or if the bond is set too high during your first appearance. The judge will then decide whether or not to reduce the amount of bail.

      Your attorney can fight to reduce the bail amount by filing a motion to reduce the bond. For the motion to be granted, the defendant must demonstrate their commitment to the community and prove that they are unlikely to flee the jurisdiction. At Beckham Law Firm, our lawyers can work diligently to reduce the bond amount or secure your release on your own recognizance.

    • Can a Lawyer Help with Bond Reduction?

      With a skilled attorney by your side, you have a much better chance of having the bond reduction accepted. No matter what the circumstances, securing legal representation is imperative to navigate the criminal proceedings effectively and pursue a favorable outcome. When the court sees that an experienced defense lawyer is representing a defendant, they are more likely to perceive the defendant as serious about their case. At Beckham Law Firm, our advocates have decades of experience navigating the criminal justice system to protect your rights and fight for reduced bail.

  • PPP Loan FAQ

    • Can you go to jail for PPP loan fraud?
      Loan fraud related to the PPP program is a crime. If convicted, you would face up to five years in prison, along with a maximum fine of $250,000.
    • Who investigates PPP fraud?
      The U.S. Department of Justice and FBI investigate possible defrauding of the PPP program. In fact, in 2022 the Justice Department created a special department to investigate and prosecute fraud crimes related to the CARES Act and the federal COVID-19 response in general.
    • How do you know if you’re under investigation for PPP fraud?
      Your first indication that you are being investigated could be a request for information or a subpoena from the government. Once this happens, you should contact a defense attorney as possible. Even though you have not yet been formally charged, the fact that you are under investigation means your freedom is under potential threat. You need to navigate the process very carefully to preserve your rights and work toward a positive outcome.
    • How does a PPP loan get flagged?

      The Small Business Administration (SBA) administered the PPP program and reviewed suspicious applications from business owners. Reasons the SBA might “flag” a loan application and possibly refer it for criminal investigation include:

      • The applicant does not appear to be connected to the business they claimed to represent.
      • The application contained false information or was missing important details.
      • The application fraudulently claimed that the business was eligible for a PPP loan.
      • The business seems to have made unauthorized expenditures with its PPP funds, which were supposed to go toward making payroll.
      • The business submitted multiple loan applications to several lenders.

      Possible signs of one or more of these activities could lead to criminal charges against you and your partners.

  • Robbery

    • Robbery With A Firearm Or Deadly Weapon
      If the defendant carried a firearm or any type of deadly weapon during the commission of the crime, the robbery is charged as a first-degree felony. Robbery with a firearm or deadly weapon is punishable by up to life in prison.
    • Robbery With A Weapon
      If the defendant carried a weapon during the commission of the crime, the robbery is charged as a first-degree felony. Robbery with a weapon is punishable by incarceration in state prison for a maximum of 30 years.
    • Simple Robbery
      If the defendant did not carry any firearms or weapons during the commission of the crime, the robbery is charged as a second-degree felony. Simple robbery is punishable by incarceration in state prison for a maximum of 15 years.

  • Domestic Violence FAQ

    • Assault
      • Up to 60 days of incarceration
      • Up to $500 in fines
    • Aggravated Assault
      • Up to five years of incarceration
      • Up to $5,000 in fines
    • Battery
      • Up to one year of incarceration
      • Up to $1,000 in fines
    • Aggravated Battery
      • Up to 15 years of incarceration
      • Up to $10,000 in fines
    • Sexual Battery
      • Up to 30 years of incarceration
      • Up to $10,000 in fines
    • Stalking
      • Up to one year of incarceration
      • Up to $1,000 in fines
    • Aggravated Stalking
      • Up to five years of incarceration
      • Up to $5,000 in fines
    • Kidnapping
      • Up to 30 years of incarceration
      • Up to $10,000 in fines
    • False Imprisonment
      • Up to five years of incarceration
      • Up to $5,000 in fines

  • Federal FAQ

    • What qualifies as a federal crime?
      When a crime breaks a law enacted by Florida’s legislature, it is a state offense. When it breaks a law enacted by the United States government, it is a federal offense.
    • Which federal crimes are punishable by death?

      In Florida, several federal offenses qualify for the most serious punishment of all: death. Some of these crimes include:

      • Sexual battery or attempted sexual battery with injury of a child under 12
      • Trafficking in large quantities of a controlled substance
      • Espionage
      • Treason
      • Authorizing or attempting the murder of an officer, juror or witness in a court case
      • Death resulting from an aircraft hijacking
      • Homicide

      If you face one or more of these offenses, your very life is at stake. It is of utmost importance to have an attorney who can defend you from capital punishment in federal court.

    • Are there federal crimes without a statute of limitations?
      Most federal felonies have a statute of limitations of five years. After five years from the date of the crime, the federal government cannot prosecute you for it. Several charges do not have statutes of limitations, though. For instance, capital crimes and sex crimes against minors do not have any statutes of limitations.
    • Which federal crimes are felonies?

      There are state-level felonies and federal-level felonies. Federal felonies are some of the most harshly punished crimes, even if they do not result in the death penalty. Some examples of federal felonies include:

      • Drug trafficking
      • Firearms offenses
      • Bank robbery
      • Sexual assault
      • Manslaughter
      • Fraud and other white collar crimes

      If you are wondering whether the charge against you is a federal felony or are wondering why a certain offense counts as a federal felony, we can explain for you.

    • Where are federal crimes tried?

      Federal criminal trials do not occur at most local courthouses. Instead, they go to a federal court. Florida has three federal courts:

      1. S. District Court for the Northern District
      2. S. District Court for the Middle District
      3. S. District Court for the Southern District

      The jurisdiction for crimes committed in the Miami-Dade metro area is the Southern District.

    • Can federal crimes be prosecuted in state courts?
      No. States do not have jurisdiction over federal charges. All federal crimes must go to federal court unless your attorney manages to get the charges against you reduced to a state offense.
    • Are federal crimes public record?
      Yes. If you are arrested, charged or convicted of a federal crime, anyone who looks into your criminal record will see it. This includes employers, romantic partners, creditors, landlords and more. You must have a crime expunged – otherwise known as sealed – to remove it from public view.

  • Federal TOC

    • Federal Law vs. State Law

      Federal laws are those enacted by congress or enumerated in the U.S. Constitution. State laws are passed by state legislators or are contained in the state constitution. Generally, there are many more state laws than federal laws because the latter are concerned mainly with national matters. In other words, an offense must cross state or foreign borders, violate constitutional rights, or occur on federal property for it to fall under federal jurisdiction.

      In some cases, illegal conduct may be prohibited by both federal and state law. When this occurs, the alleged offender may be prosecuted by the state government, federal government, or both. Although the Fifth Amendment protects people from being tried for the same crime twice, this double jeopardy clause does not apply when both state and federal courts handle a case. That’s because the protection applies when the same sovereign prosecutes, but state and federal governments are considered separate sovereigns.

      Federal laws are enforced by agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), and the Secret Service. State laws are enforced by sheriffs or local police officers.

      Generally, federal laws impose harsher penalties upon violators. But, for the most part, the severity of the punishments – whether levied by state or federal court – depends on the specifics of the offense.

    • Florida Statute Title XLVI And The United States Code

      Behaviors considered criminal conduct are classified into various laws. As mentioned in the previous section, the Florida government and the federal government each have their own statutes outlining unlawful actions.

      Florida’s criminal laws can be found in Title XLVI of the Florida Statutes. Contained within this title are crimes such as assault, battery, kidnapping, weapons, crimes, and prostitution. The state will prosecute any person who violates these laws.

      The statutes concerning federal crimes are codified in the United States Code (U.S.C.). The U.S.C. is comprised of various titles, which are grouped by broad subjects. Many federal crimes are enumerated in Title 18 of the United States Code. This title concerns offenses such as arson, assault, embezzlement, and theft. Other types of crimes can be found in other titles. For example, the law concerning drug trafficking is under Title 21 (21 U.S.C. § 841), and the law concerning tax evasion is under Title 26 (26 U.S.C. § 7201). A violation of the laws in the United States Code triggers a federal investigation and prosecution.

    • Types Of Federal Crimes We Defend

      Well over 100 offenses are considered federal crimes, falling under the jurisdiction of the federal government. These include violations of U.S. Code, Title 18: Crimes and Criminal Procedure and crimes committed on federal property, such as tax evasion, mortgage fraud, counterfeiting, antitrust violations, child pornography, drug trafficking, and many others.

      We aggressively defend those accused of all types of federal crimes, including, but not limited to:

      • Antitrust violations: Conduct such as price-fixing, bid-rigging, and monopolization may be considered a violation of antitrust laws. The conviction penalties are harsh and can include up to 3 years in federal prison and/or up to $350,000 in fines.
      • Child pornography: Any person who possesses, transfers, or creates a depiction of a minor engaged in sexually explicit conduct may be prosecuted under the federal sexual exploitation of children law. For a first-time offender, the term of imprisonment ranges from 15 to 30 years.
      • Counterfeiting: It’s unlawful for any person to make, possess, or use an official document or other instruments that are known to be faked or forged. The exact penalties a court can impose depend on the nature of the offense, with prison sentences ranging anywhere from five to 25 years.
      • Drug trafficking: Under federal law, it’s illegal for any person to manufacture, distribute, or dispense a controlled or counterfeit substance. The length of the prison term and amount of fine depend on the type and quantity of the drug involved in the offense.
      • Insider trading: If someone uses material, nonpublic information about a company to influence stock buying and/or selling decisions, they may be charged with this offense. Such conduct is a crime whether the “insider” used the data for their own gain or transferred it to another person for their use. The conviction penalties include up to 20 years in prison and/or a $5 million fine.
      • Cyberstalking: This offense occurs when a person uses electronic communication with the intent to harm or harass another. The crime must affect interstate or foreign commerce, and the alleged victim must reasonably fear injury to themselves or others and suffer “substantial emotional distress.” A person convicted could face up to five years in prison. However, if aggravating factors are present, the penalty could be life imprisonment.
      • Mortgage fraud: If a person knowingly misrepresents important information on mortgage loan documents, they could be charged with this crime. Several types of conduct are considered unlawful, such as inflating appraisals or purchasing a home on behalf of someone who cannot do so themselves. The offense is penalized by up to 30 years in prison and/or up to $1 million in fines.
      • Tax evasion: The offense occurs when a person willfully fails to pay or underpays their tax obligations. This can be accomplished in several ways, such as by understating income or overstating deductions. Depending on the situation, a conviction can result in a maximum of five years in prison and/or a fine of up to $500,000.
    • Penalties For Federal Crimes

      The penalties for a federal crime conviction depend on the offense the defendant was charged with and the nature of the crime. Generally, a court can impose a prison sentence and/or a fine. In many cases, there are mandatory minimum terms of imprisonment.

      A few examples of federal crime conviction penalties include:

      • Enticing a child to engage in sexually explicit conduct (18 U.S.C. § 2251):
        • Between 15 and 30 years’ imprisonment
        • A fine
      • Possessing child pornography (18 U.S.C. § 2252):
        • Up to 10 years’ imprisonment
        • A fine
      • Using a counterfeit federal obligation or security (18 U.S.C. § 472):
        • Up to 20 years’ imprisonment
        • A fine
      • Trafficking in 1,000 kilograms or more of a mixture containing marijuana (21 U.S.C. § 841):
        • Between 10 years’ and life imprisonment
        • Up to $10,000,000 in fines
      • Cyberstalking, where no death or serious bodily injury resulted (18 U.S.C. § 2261A):
        • Up to five years’ imprisonment
        • A fine
      • Willfully evading tax obligations (26 U.S.C. § 7201):
        • Up to five years’ imprisonment
        • Up to $100,000 in fines
    • Federal Crimes And Your Right To Counsel

      When a crime falls under the jurisdiction of the federal government, it is considered a federal crime. It will be investigated by a federal agency and prosecuted by the U.S. Attorney’s Office in federal court. With the FBI or ICE knocking down your door, it’s far too easy to be intimidated into forgoing immediate representation. You must act quickly.

      If you are apprehended or arrested for a federal crime:

      • You have the right to remain silent.
      • You have the right to an attorney.

      Exercise these rights, and you will have taken the first steps toward a future that is free from federal imprisonment and a record that could haunt you for the rest of your life.

    • The Importance Of Pre-File Investigations

      Even if federal charges have not been formally filed against you – and even if you have not been arrested, there are steps you can take to protect yourself in the face of a federal investigation. Our attorneys handle pre-file investigations, where we examine federal investigations on behalf of our clients and gather enough evidence of our own that can persuade the U.S. Attorney’s Office to drop the case or pursue a lesser charge.

      This proactive approach is essential in cases involving federal investigations that can last weeks, months, or even years, and involve complex evidence related to wiretaps, computer forensics, and surveillance. We have the resources and experience of our own to effectively address warrants and investigations well before any charges are filed.

    • Understanding The Federal Court System

      The U.S. federal court system is made up of three separate courts that have different functions concerning criminal cases. Not all federal criminal matters will be heard in each of the three courts. How a case progresses depends on its facts and outcomes.

      The three types of federal courts and the matters they hear are as follows:

      • District Courts: If a person is alleged to have violated a federal law, their case will begin in district court. U.S. district courts handle trials for federal criminal and civil cases.
      • Circuit Courts: If a defendant is convicted, they can appeal the decision by filing a motion with a circuit court. When a person appeals a judgment, they ask a higher court to review the original trial record because they feel that a legal error substantially impacted the result of their case. Depending on what the circuit court judges find, they may either affirm the trial court’s decision (meaning they agree with it) or overturn it (meaning they feel that an error led to the conviction). Most often, when a judgment is overturned, it is sent back to the district court for another trial with the error corrected.
      • U.S. Supreme Court: The U.S. Supreme Court is the highest court in America. If a circuit affirms a district court’s decision and the defendant still feels that their trial wasn’t fair, they can bring the matter to the U.S. Supreme Court. The court is not required to hear an appeal stemming from a circuit court’s decision. It has discretion in choosing which cases to take and generally only hears matters that will substantially impact federal law or answer a constitutional question.

  • DUI FAQ

    • When is a DUI a felony?

      Most DUI charges in Florida are considered misdemeanors. However, some conditions would allow the state to charge you with a felony DUI, including:

      • Being involved in an accident that caused bodily injury or death
      • Having a 3rd – or greater – DUI conviction within ten years of a previous conviction.

      Anyone facing a felony DUI is at risk for over a year in prison. A felony conviction is also highly damaging to your criminal record.

    • Will a DUI show on a background check?
      Yes, it will. Both DUI convictions and arrests can show up on a background check. This means that a single DUI can have long-term effects on your prospects.
    • Will a DUI affect employment?

      Having a DUI conviction or arrest on your background check can affect your employment prospects – depending on your career. If, for example, you are a truck driver, a DUI may mean the loss of your CDL. It may make it harder to find new work in the future. You may see significant difficulty maintaining a regular work schedule if you lose your license because of a DUI conviction.

    • Can you get a DUI if you’re parked/not driving?
      If you are parked in your vehicle, asleep at the wheel – or anywhere that you can be considered “in control of the vehicle” – the state can charge you with a DUI. The key here is how the state defines control of the vehicle, which means if you have your car keys on you and are anywhere in the car, you are in control.
    • What are the penalties of a DUI?
      The basic penalties for a DUI are fines, jail time, license suspension and use of an ignition interlock device. However, the extensiveness of the fines, the length of your license suspension and jail time change depending on the severity of the DUI. You can see increased DUI penalties for a blood alcohol content over .15, multiple convictions and felony DUIs.
    • Should I submit to a field sobriety test?
      You definitely should submit to a field sobriety test. Anyone who drives in Florida automatically consents to a field sobriety test. Refusing a test can automatically result in losing your license for at least 1 year.
    • Will I lose my license if I get a DUI?
      Yes. Even for a first offense of a DUI, you can lose your drivers’ license for at least 180 days and up to a full year. With subsequent offenses, the period of license loss gets longer, and even can become permanent.
    • Will a DUI affect my citizenship application?
      Any criminal conviction can have an adverse effect on your citizenship application. While this is a serious topic, it may not completely derail the application. It is in your interest to vigorously fight a DUI charge when your citizenship is on the line.
    • Will a DUI affect a green card?
      As it is a criminal conviction, it can have an effect on your green card. Once again, you may not lose your green card or immediately face deportation, you certainly can.

  • DUI TOC

    • Probable Cause And DUI In Florida

      When someone has been charged with DUI, they often believe that because they failed their blood alcohol content (BAC) test, they have already been “caught” and must submit to a guilty plea. However, practiced, vigilant counsel can be capable of making another determination that could potentially invalidate the entire case against the accused. This determination involves the lack of probable cause.

      Probable cause is observable evidence that law enforcement must cite as their reasoning for taking action against a citizen. In terms of DUI cases, probable cause occurs in any number of ways.

      Typical forms of probable cause in DUI cases include:

      • Erratic driving (swerving, lane drift, etc.)
      • Speeding
      • Failure to obey traffic signs/lights
      • An accident on the road
    • DUI Penalties In Miami, Florida

      Driving is a privilege in Florida, not a right. In order to be granted a driver’s license, a person must first take a test and prove that they are knowledgeable and responsible enough to operate a motor vehicle.

      Driving under the influence (DUI) of alcohol or drugs is considered proof that a person no longer deserves to have the privilege of driving. That is why the penalties for DUI can be very harsh.

      First DUI Offense Penalties

      • Fine of $500 – $1,000
      • Jail sentence of up to 6 months or probation for up to a year
      • Mandatory 50 hours of community service or an additional $10 fine for each hour of community service required
      • Vehicle impoundment for 10 days
      • License revocation for a minimum of 6 months

      DUI with Minor First Offense Penalties

      • Fine of $1,000 – $2,000
      • Up to 9 months

      Second DUI Offense Penalties

      • Fine of $1,000 – $2,000
      • Jail sentence of up to 9 months
      • Minimum sentence of 10 days if convicted within 5 years of a first offense
      • Vehicle impoundment for 30 days
      • License revocation for a minimum of 6 months
        • 5-year revocation if convicted within 5 years of a first offense

      DUI with Minor Second Offense Penalties

      • Fine of $2,000 – $4,000
      • Up to 12 months (if it’s been 5 years since last conviction)

      Third DUI Offense Penalties

      • Fine of $1,000 – $2,500
      • Fine of $2,000 – $5,000 if convicted within 10 years of a first offense
      • Jail sentence of up to 12 months
      • Minimum sentence of 30 days if convicted within 10 years of a first offense
      • Vehicle impoundment for 90 days if convicted within 10 years of a first offense
      • License revocation for 5 years
        • 10-year revocation if convicted within 10 years of a first offense

      DUI with Minor Third Offense Penalties

      • Minimum fine of $4,000

      Fourth DUI Offense Penalties

      • Minimum fine of $1,000
      • Jail sentence of up to 5 years
      • Mandatory permanent license revocation (not eligible for hardship license)

      Fight For Freedom From Your DUI Penalties In Miami

      Speak with Beckham Solis, Attorneys at Law, today and learn how we can help you avoid the penalties of a DUI conviction. Whether this is your first DUI defense case or you have been convicted before, our attorneys can help. We have taken hundreds of cases to trial and can fight aggressively for a reduction of your charges or the dismissal of your case.

      Our firm is also highly recognized for its excellence – we have an A+ rating with the BBB, have an attorney who is AV rated* through Martindale-Hubbell, and are members of the National Association of Criminal Defense Lawyers.

    • How Can I Fight My DUI?

      If you believe there was no probable cause to pull you over before your DUI arrest, it is possible to file a motion to suppress, which could result in a dismissal of your case. However, even in these instances, it can be difficult to secure a dismissal: essentially, these cases become the accused’s word against the arresting police officer’s.

      What can help support a motion to suppress? Witnesses to your driving can help establish what your driving behavior was like. These can include both passengers or other drivers or pedestrians who may have seen you driving. In rarer cases, security or traffic footage may be used to dispute behavior the officer claims to have seen you conduct before the arrest occurred.

    • What Happens After Multiple Drunk Driving Offenses?

      Upon a second DUI, an individual could face a fine of $1,000 to $2,000, a jail sentence of up to nine months, vehicle impoundment for 30 days, and license revocation for up to six months.

      If charged with a third DUI, the fine increases to $1,000 to $2,500, the jail sentence can be up to 12 months, and the license suspension can be up to five years.

      A fourth DUI will result in a minimum fine of $1,000, a jail sentence of up to five years, and a mandatory license revocation for life. These penalties increase even more if the conviction occurs within 10 years of the person’s first DUI. It is important to know that if this happens, the charge will change from a misdemeanor to a felony. This will result in a 15-year prison sentence and a $10,000 fine.

    • If You’re Under The Age Of 21, We Can Help With A DUI Charge

      If you are charged with a DUI under 21 in Florida, you could be facing frightening and serious consequences. It is illegal for a person under 21 to purchase and consume alcohol, much less get behind the wheel of a vehicle while under the influence. The state of Florida has a zero tolerance policy for those under 21 who are believed to have been operating a vehicle while under the influence of drugs or alcohol.

      Drivers under suspicion of DUI must submit to breath and blood tests. As a part of the zero tolerance policy for underage drivers, the maximum blood alcohol content (BAC) is .02%, far lower than the .08% for drivers at 21 or older. Essentially, you could be arrested by consuming just one ounce of alcohol.

    • What Is The Penalty For Conviction Of DUI Under 21?

      If you are found guilty of underage DUI, the penalties imposed will have a heavy impact on your future. In Florida, the punishments for under 21 drivers on a first offense will include:

      • Mandatory six-month license suspension
      • Mandatory alcohol education
      • Community service
      • Fines

      You may have a viable defense case, based upon wrongly administered breath or blood tests, police errors or rights violations, faulty testing units or other factors. In the event that you are charged with an under 21 DUI, it is important that you retain legal representation right away. As an underage driver, it could not be more important that you have a skilled lawyer on your side.

  • Criminal Case Results

    • CASE: F16-12809 | 2020

      Aggravated Battery Pregnant Victim and Burglary with Assault – Charges Dismissed

      At 7:45 pm officers were dispatched in emergency mode to a disturbance and upon arrival made contact with the victim. The victim was having a “get together” when the Defendant knocked on the victim’s door. When the victim opened the door, the Defendant saw the victim standing alongside another male and became jealous. As a result of this the Defendant struck the male companion upon his left eyes with a closed fist. The Defendant then struck the victim on her mouth with a closed fist. As the victim tried to fight back the Defendant grabbed her by the hair, pulled her to the floor, and struck her with a closed fist upon her shoulders and back. The victim sustained a contusion to her upper lip, swelling of her upper lips, and a minor abrasion on the inside of her upper lip. Another female victim had tried to help the victim but the Defendant placed open palms upon her chest and pushed her, she is five months pregnant. The Defendant was arrested and charged with aggravated battery pregnant victim and burglary with assault.

    • CASE: 19-CR-20748 | 2020

      Federal Public Official Bribery – No Jail

      The Defendant was employed as an electrician in the engineering department at a medical center. Part of the Defendants duties and responsibilities were to monitor the supply inventory for the engineering department and request additional supplies as needed. The Defendant, being a public official, had indirectly and directly, corruptly demand, seek, receive, accept and agree to receive and accept anything of value personally in cash payments. In return he was influenced in the performance of any official act to initiate purchase orders from vendor companies. The Defendant was arrested and charged with federal public official bribery.

    • CASE: F18-20086 | 2020

      Carrying a Concealed Firearm – Charges Dismissed

      At 8:52 pm officers approached a vehicle and observed the front passage exit the stolen vehicle and enter a black BMW. The officers then observed the driver of the black DMW who was later identified as the Defendant remove a black/green firearm from his waistband and throw it to the grass. The Defendant was then detained at that time pending investigation. Records check later revealed the firearm was stolen out of Lee Counties sheriff’s office. The Defendant did not possess a conceal weapon permit. The Defendant was then arrested and charged with carrying a concealed firearm.

    • CASE: F18-18744 | 2020

      Aggravated Assault with a Deadly Weapon and Battery – Charges Dismissed

      At 7:45 pm officers were dispatched in emergency mode in reference to a fight between a boyfriend and girlfriend. Upon arrival contact was made with the victim’s mother and she stated that the Defendant and the victim were involved in a verbal dispute and walked away from the home they were staying at while still verbally disputing. shortly after the police got an anonymous call about the Defendant punching the victim. The victim had bruising on his nose, a small cut on his right hand, and his glasses were broken. The victim also stated that the Defendant was holding a knife and had threatened to kill the victim. The Defendant was arrested and charged with aggravated assault with a deadly weapon and battery.

    • CASE: F19-17661 | 2020

      Felony Battery on Police Officer and Resisting Arrest – Charges Dismissed

      At 12:05 pm officers were dispatched to a bank where the Defendant was seen in the front entrance of the bank, acting aggressive and possibly damaging the bank’s ATM machine. When arrived at the scene officers made contact with the Defendant who had a strong odor of an alcoholic beverage emitting from her breath, slurred speech, and blood shot eyes. The Defendant had stated to the officers that she wanted to use the banks ATM machine. The officers advised the Defendant that per bank management thy did not want to service her. The Defendant had explained that the bank she was currently at was hers. The Defendant then gathered all of her belongings into a bag and started to walk away. She then started to cuss at one of the officers and proceeded to stick her hand with the middle finger inches from his face. The Defendant was grabbed by the upper torso and put on the ground where she was stiffening her arms away from the handcuffs for a short period of time. The Defendant was later arrested and charged with felony battery on a police officer and resisting arrest.

    • CASE: F19-20608 | 2020

      ID Fraudulent Use, Utter Forged Instrument, Poss Stolen DL – No Conviction, No Jail

      At 4:55 pm officers were dispatched in reference to fraudulent activity. Upon arrival, the officers spoke to the store employee who stated that the Defendant had attempted to apply for store credit to purchase merchandise and had provided identification that had been altered. The altered identification contained the actual photo of the Defendant with the information of another individual. When the officers arrived the Defendant correctly identified himself. The Defendant was arrested and charged with ID fraudulent use, utter forged instrument, and possession of a stolen DL.

    • CASE: F14-7920 | 2020

      Felony Grand Theft 3rd Degree – Charges Dismissed

      At 7:15 PM, law enforcement was called to address an incident that occurred at a Sunglass Hut. The Defendant selected a pair of sunglasses, valued at $395, and placed them in a black Sephora bag. The Defendant made no attempt to pay for said sunglasses. The Defendant was approached by the officer a few blocks away from the store. The officer stated that the Defendant fit the description of a female that was involved in an incident. The Defendant then made a spontaneous statement of “here, take the bag” and handed the bag to the officer. The Defendant was placed into custody for retail theft.

    • CASE: F20-0314 | 2020

      Aggravated Assault with a Firearm – Charges Dismissed

      At 12:41 AM, law enforcement was dispatched in emergency mode to a motel where the Defendant was seen making threats with a gun. The officers spoke to the Defendant and the victim. The Defendant stated that he met the victim through a dating website and they agreed to meet at the location to “chill”. The Defendant stated that an argument had ensued because the victim left for an extensive period of time and returned with an unknown male. The Defendant and the unknown male had a physical altercation which resulted in the Defendant fleeing to his vehicle to retrieve his firearm. The victim stated that she had asked the Defendant to leave after she declined intercourse but he refused. The Defendant pointed his gun and threatened to kill the victim and the unknown male. The victim began to run in fear for her life when the Defendant started to chase her with his gun pointed, while shouting “I’m going to kill you and that b****”. The Defendant was arrested and transported to a correctional facility.

    • CASE: F20-0579 | 2020

      Felony 2nd Degree Grand Theft and Organized Fraud – Charges Dismissed

      At 10 AM, an individual reported to police that after he conducted an audit for solar panel batteries used inside Miami Dade County bus stop shelters, he discovered that between March 2019 and July 2019, a total of 226 solar panel batteries were stolen from 113 bus stop shelters, totaling a $56,000.00 loss of property. Upon further investigation, the Defendant was identified as the person who stole the solar panel batteries. The Defendant was taken into custody after he was seen pulling out of his driveway in the vehicle that was used to help facilitate the theft of the batteries.

    • CASE: F20-4504 | 2020

      Felony Battery on Police Officer and Resisting Arrest – Charges Dismissed

      At 9:01 PM, detectives were walking southbound on Ocean Drive when they noticed a small group of females with an open container of alcohol. The officers commanded that they turn the bottle over but the group refused. The detectives attempted to place one of the individuals in custody but the Defendant interfered. The Defendant pulled at the detectives’ hands to prevent them from handcuffing her friend. Once the detective managed to place the female in custody, the Defendant continued to interfere with the arrest. At that point, the detective stated that the Defendant was also under arrest. The Defendant was screaming and began to pull away from the detective. The Defendant freed one of her hands and began to flail her arms. The Defendant was taken to the ground where she began to kick and punch the detective multiple times. The Defendant then struck the detective in the right eye. The Defendant was arrested and charged.

  • DUI Case Results

    • CASE: 7260GPR | 2018

      The State DROPPED the DUI

      At 3:20 am, the Defendant was observed as he was unable to stay within his lane, and entered the lane the officer was on, catching the officer’s attention. The Defendant was also observed crossing over one of the lanes and striking the center median curb on four separate occasions. The officer conducted a traffic stop and approached the driver’s side door. The officer then made contact with the Defendant who appeared disoriented and confused. As the Defendant was immersed in dialogue and was providing the documents the officer asked for, the strong smell of alcohol was detected on the Defendant’s breath. The Defendant then proceeded to show the officer two closed 16 oz. beer cans that were lying in the passenger seat. The Defendant’s speech was also slightly slurred, and his eyes were bloodshot and watery. The Defendant then stepped out of the vehicle and began making spontaneous statements. The Defendant admitted that he had had a beer, and had taken some pills and pain medication as well. Prescription medication was also found in the center console of the car. The Defendant agreed to partake in the field sobriety tests, but did not perform to standards, later being arrested.

    • CASE: 5986-XEM | 2014

      The State DROPPED the DUI

      At 4:10am, Defendant was pulled over for making a right turn from the left lane as he approached an intersection. Defendant was driving from Blue Martini where he had a beer and shots, The officer noticed the Defendant was acting confused, couldn’t coherently answer where he was going to, he also had bloodshot watery eyes and the odor of alcohol coming from his breath. Defendant agreed to perform the roadside tests, but failed them, he also refused to take the breath test. Defendant was arrested for DUI.

    • CASE: 9384XDH | 2014

      The State DISMISSED the DUI

      At 10:30 pm, the defendant was driving back from a bar after having some beers with a few friends. The defendant was involved in a road rage incident, as the defendant stepped out of the car a Police Officer notice it was difficult for the defendant to walk steady. When the officer approached the defendant, he noticed the smell of alcohol on the defendant’s breath besides having slurred speech and bloodshot eyes. The defendant failed the roadside exercises and refused to blow into the Breathalyzer and was arrested for DUI. It was the defendant’s 2nd arrest for DUI.

    • CASE: 6964XEX | 2014

      The State DROPPED the DUI

      At 11:47 pm, police observed Defendant swerving from lane to lane, almost crashing with another vehicle. Police conducted the traffic stop and the defendant admitted to had “just one glass of sangria, but I’m ok”. When asked for the Driver’s License, the routine computer check revealed the defendant’s license was suspended for financial responsibility for the vehicle she was driving. The officer noticed the defendant presented bloodshot and watery eyes, flushed face, slurred speech and the odor of alcohol on her breath. Defendant agreed to perform the field sobriety test, which she wasn’t able to perform to standards. Defendant refused to provide a breath sample. Defendant was arrested for DUI.

    • CASE: 3059XED | 2014

      The State DROPPED the DUI

      At 12:43 pm, officers present at a scene of a previous case involving a vehicle fire, observed Defendant taking a curve at high speed and then changing over 2 lanes without turn signals. Defendant had bloodshot watery eyes and the odor of alcohol on his breath. Defendant was not able to perform to standards the roadside sobriety tests and refused to provide a breath sample. Defendant was arrested for DUI.

    • CASE: 3098-XCK | 2016

      The State DROPPED the DUI

      At 4:07 am, officers observed the Defendant driving recklessly at a high speed of 60 mph in a 25 mph zone. Once pulled over, officers noticed the Defendant’s bloodshot, watery eyes, and the smell of alcohol coming from the Defendant’s mouth. After the Defendant admitted to having drinks, the officers began the field sobriety exercise to which the Defendant failed. The Defendant was charged and arrested for DUI, and blew a .169/.179 in the breathalyzer, which is more than 2 times the legal limit.

    • CASE: 0069-XER | 2015

      The State DROPPED the DUI

      At 4:05 am, an officer observed the Defendant running a stop sign and the Defendant was also unable to maintain the single lane. When the officer conducted the traffic stop, he noticed that the Defendant had bloodshot, watery eyes and a confused, flushed face. The officer began to also smell the odor of alcohol coming from the Defendant’s car, and suspected the Defendant was intoxicated. After agreeing to complete the roadside exercises, the Defendant was placed under arrest for DUI, for being unable to pass the exercises and refused to provide a breath sample.

    • CASE 9447-XEC | 2009

      The State DROPPED the DUI

      At 5:06 AM, Police observed the Defendant driving on Alton Road on Miami Beach, going 72 mph in a 35 mph zone. Police followed the Defendant onto MacArthur Causeway, where the Defendant almost caused an accident. Police stopped the Defendant, wherein the Defendant smelled like alcohol and then failed the roadsides. Later the Defendant blew .105 and .108 into the breathalyzer, over the legal limit.

    • CASE: 6964-XEX | 2015

      The State DROPPED the DUI

      At 9:47 pm, an officer observed the Defendant weaving in between lanes and driving recklessly. A traffic stop was initiated, and the officer noticed that the strong odor of alcohol was coming from the car. The officer asked the Defendant questions and was able to see that the Defendant had bloodshot eyes and a slurred speech. After suspecting the Defendant was intoxicated, the Defendant was asked to complete the field sobriety exercises; to which the Defendant did not pass. The Defendant then refused to give a breath sample, and was arrested and charged for DUI.

    • CASE: 6157-XEQ | 2015

      The State DROPPED the DUI

      At 5:50 am, officers observed the Defendant’s vehicle driving without using any headlights for a couple miles, and run a stop sign. Officers initiated a traffic stop and upon inspection of the Defendant, officers noticed there was a very strong odor of alcohol coming from the Defendant’s breath, and that the Defendant’s speech was slurred. The Defendant also had bloodshot eyes and a flushed face to give the impression that the Defendant was intoxicated. During the field sobriety exercises, the Defendant was continuously swaying from side to side, and had an extremely difficult time maintaining balance. The Defendant was arrested and charged for DUI, after refusing to submit a breath sample.

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