Recent Blog Posts

Understanding DUI Laws in Florida

Miami Criminal Defense Attorney — Mon, 13 Feb 2012 17:00:00 GMT

If you are a Florida driver and are currently unaware of your rights, privileges, and obligations when it comes to the rules of the road, let a Miami criminal defense attorney from Hager & Schwartz, P.A. help you! At our law firm, we have been practicing criminal law for many years. We have experience as former prosecutors and have a firm understanding on all DUI-related laws. First and foremost, you should be aware that it is not truly illegal to drink and drive. The law clearly states that a person with a blood alcohol concentration at or above .08% or has proven that their abilities are too impaired to drive shall be arrested for DUI. According to 316.193 of the Florida DUI statutes, the penalties of driving under the influence can be up to $500 in fines and up to 6 months of imprisonment for a first offense. The law states that a second offense DUI holds the consequences of up to $1,000 in fines and up to 9 months of imprisonment.

It is very important that you understand your rights after being arrested for driving under the influence of alcohol or drugs in Florida, as the next moves you make could have a lasting effect on your future. Immediately after facing an arrest, you should look into hiring an experienced Miami DUI lawyer. Your attorney should then investigate the allegations against you, including the evidence produced by the breath test, blood test, or field sobriety test. If you choose to work with the legal team from Hager & Schwartz, you are choosing a law firm that refuses to leave a single stone unturned in the fight to have criminal charges dropped or reduced. For more information about the DUI charges you are currently facing, contact a Miami DUI attorney from our law firm.

Attorney John Hager Represents Victim of Unlawful Arrest

Miami Criminal Defense Lawyer — Thu, 09 Feb 2012 17:40:00 GMT

Two years after a man was arrested under alleged wrongful accusations, justice is finally being served. Represented by John Stephen Hager of Miami's Hager & Schwartz, T.B. is the true victim in this story. It began one day at a nearby 7-Eleven store when T.B. was waiting around for a pot of coffee to finish brewing. According to video footage obtained from the store and witness accounts, two police officers walked into the store to find the alleged perpetrator walking towards them, with one hand in his pocket and the other at his side. One officer then asked T.B. why he was "staring" at him, says an eyewitness, and takes T.B. down onto the floor.

According to the police report, however, T.B. was "boisterous," yelling throughout the store, and causing a disturbance. T.B. was said to have had a disruptive tantrum at the scene, yet no witness can recall the event in this nature. The security footage shows no proof of this either. Upon obtaining the footage from the scene, Attorney Hager provided it to the Broward County State Attorney's Office, where the case was then immediately dismissed. This took place in February of 2010. Just last month, January 2012, criminal charges were filed against the two deputies in question for falsifying public records and falsifying a record.

If you have been wrongfully arrested and charged with a crime, do not hesitate to contact a Miami criminal defense attorney from Hager & Schwartz. The legal team from this law firm has experience as former prosecutors that can greatly benefit your case. From disorderly conduct to assault and battery to DUI, this law firm is prepared to create an aggressive defense strategy on your behalf. Feel free to bring your case to their office today to find the right path for your case. Contact a Miami criminal defense lawyer at the firm today.

See the entire news article here.

The Difference Between Felonies & Misdemeanors

Miami Criminal Defense Attorney — Mon, 16 Jan 2012 19:05:00 GMT

In criminal law, there are varying levels of offenses. An infraction is the least serious, followed by a misdemeanor, with a felony being the worst. A misdemeanor is usually punished by fines and time in jail, the length depending on the severity of the case. In some states, misdemeanors are classified as gross misdemeanors, ordinary misdemeanors, and petty misdemeanors.

Felonies include repeat offenses, or acts of terrorism, murder, kidnapping, arson, treason, and more. Rather than being incarcerated in jail, a felony is punishable by time in state prison as well as fines. Some crimes are "wobblers," meaning that they can be charged either as misdemeanors or felonies.

As both of these classes of offenses are serious, it is imperative to have a legal professional fighting for your best interests. A Miami criminal lawyer from Hager & Schwartz, P.A. will do everything in their power to protect your rights. To learn more, contact a Miami criminal defense attorney from our legal team today.

Aiding & Abetting: Definition & Penalties

Miami Criminal Defense Lawyer — Wed, 11 Jan 2012 19:05:00 GMT

If you were accused of being involved in a crime in any way, you could be charged with aiding and abetting. It is not necessary to actually be present when the crime took place, but it is necessary that the individual (known as the accessory) had prior knowledge of the crime or helped in its commission through money or advice. According to the U.S. Code Title 18 Section 2, an accessory is anyone who "aids, abets, counsels, commands, induces or procures its commission." Depending on the state, a person convicted of aiding and abetting may be given the same sentence as the principal perpetrator, however, the punishment could also be less severe in other states.

In order to avoid the harsh consequences of aiding and abetting, contact a Miami criminal defense attorney for aggressive legal defense. We have experience in every area of criminal defense law, including theft, sex crimes, DUI defense, and drug crimes. We are available twenty-four hours a day, seven days a week, so contact a Miami criminal lawyer today!

Woman Shot In Miami After Confronting Robber

Miami Criminal Attorney — Fri, 06 Jan 2012 19:04:00 GMT

Almost one month ago, twenty-one-year-old D.L. was robbed, but the offender was not located. On Thursday January 5^th, D.L. was driving with two friends when she saw the man who had robbed her weeks earlier. She confronted the man on the bicycle but then left. The police believe the man then followed her home and fired eight shots into her SUV that was parked in her driveway. D.L. was fatally shot when she was hit by two of the bullets, but no other injuries have yet been reported. The police are still looking for information and witnesses that could help the investigation.

Murder charges are among the most serious you could be facing. If you have been accused of murder or any other violent crime, it is highly recommended that you seek legal counsel as soon as possible. A Miami criminal defense attorney from our firm could fight to ensure that your rights are protected. Contact a Miami criminal lawyer today to learn more.

Doctor Pleads Guilty in massive Pill Mill Case

Brett Schwartz — Wed, 26 Oct 2011 17:46:00 GMT

Another doctor has pleaded guilty in connection with a massive illegal prescription drug network blamed for at least 50 deaths.

Dr. Michael Aruta, 48, of Boca Raton, pleaded guilty Tuesday in federal court to conspiracy to commit money laundering. In exchange, prosecutors dropped a charge of conspiracy to possess, with intent to distribute, oxycodone, and a charge of conspiracy to commit wire fraud.

Aruta, an Ohio State University medical school graduate who interned at Jackson Memorial Hospital in Miami, faces 10 years in prison and a $250,000 fine.

He is among 14 doctors charged in connection with the multimillion-dollar scheme prosecutors said was masterminded by 30-year-old Wellington twins Jeff and Chris George.

So far, six doctors and 14 others, including Jeff George, have pleaded guilty to charges stemming from the multi-jurisdictional investigation dubbed "Operation Oxy Alley." Another doctor is scheduled to plead guilty on Wednesday.

A total of 32 were indicted in August in connection with the operation that turned pain clinics into illegal prescription drug centers.

The federal authorities over the last few years have been investigating and cracking down on doctors and medical providers who have set up a system where they provide endless amounts of narcotics without valid prescriptions, such as oxycodone to people who either have issues with addiction or dealers who resell in the streets.

If you or a loved one has been charged or is being investigated for any drug charge, from possession to trafficking, call Hager & Schwartz, P.A. immediately for a free consultation.

ICE Agent Pleads Not Guilty for Child Rape Case

Brett Schwartz — Wed, 26 Oct 2011 17:35:00 GMT

Often times, individuals entrusted with enforcing our laws are accused of violating them. An Immigrations and Customs Enforcement agent from Florida has pleaded not guilty to a child rape charge in Massachusetts.

Neil Julien was granted $3,500 bail at his arraignment Tuesday in Salem Superior Court and ordered to have no contact with the alleged victim or the child's mother.

Prosecutors say the 50-year-old Pembroke Pines, Fla. man was indicted in August in connection with the alleged incident that occurred in Peabody in 2007. No additional details were released.

The rape of a child can result in serious consequences that most likely will result in serious prison sentences. However, as a criminal defense attorney, it is imperative to ensure that the Prosecutor can prove the case. Many of these cases lack physical evidence and are charged based solely on the statement of the alleged victim and/or a relative of that victim. Anytime a case is based solely on statements, credibility of such becomes an issue.

The attorneys at Hager & Schwartz, P.A. have experience in dealing with theses types of cases where a sex crime is charged solely based on witness statements. Call our office to schedule a free consultation immediately if you have been charged or are under investigation for one of these types of criminal offenses.

Five Arrested in Alleged Staged Accident Ring

Brett Schwartz — Tue, 25 Oct 2011 18:04:00 GMT

According to the Sun Sentinel, Five South Floridians were arrested and charged with staging an accident grand theft and insurance fraud, Florida Chief Financial Officer Jeff Atwater announced today.

Miami residents Mario J. Chavez, 53, Robin Nelson Campanioni, Jr., 23, Jorge J. Mota, 27, and Naima Basnueva Lastre, 24, and Eduardo Figueredo, 44, of Miami Springs, met at a house in Miami to plot the scheme then submitted $83,000 in claims to four insurance companies for treatment at Doral Center Rehab and Justin Medical Services, according to investigators. They expect to make more arrests.

“Fake accidents like these are happening everyday in Florida’s biggest cities and are costing Floridians millions of dollars a year in increased auto insurance rates,” Atwater said in a statement. “The perpetrators will be caught, they will go to jail, and we will work to get Floridians the relief they deserve on their auto insurance premiums.”

The attorneys at Hager & Schwartz, P.A. have extensive experience defending those charged with insurance fraud as a result of allegations that they participated or were somehow involved in a staged accident(s). In today's economic climate, these types of charges have become more common and a person charged with insurance fraud based on a staged accident is facing a minimum mandatory prison sentence as well as many other statutory and discretionary penalties.

Typically, arrests for these types of cases are made when two or more vehicles stage an accident and as a result of such, utilize the services of a medical provider who submits a claim to the insurance carrier for injuries that did not occur and treatment that was not necessary and not provided. Usually, the medical provider is part of the scheme and profits from the claim.

However, often times individuals get arrested when they had absolutely nothing to do with the accident or the staging of such. Unfortunately, the law does not distinguish between a driver and a passenger in a staged accident in regards to culpability and both are charged with staged accident and insurance fraud.

The attorneys at Hager & Schwartz, P.A. will vigorously defend you if you have been charged withstaged accident and/or insurance fraud regardless of your role.

If you have been arrested or are under investigation for these types of offenses, call our office immediately to discuss your case!

Are Animal Cruelty prosecutions a Waste?

Brett Schwartz — Mon, 17 Oct 2011 14:47:00 GMT

The Palm Beach state attorney's recent decision to dedicate a single prosecutor to animal cruelty cases is creating a debate as to the necessity of whether such is a waste of scarce resources.

Animal lovers will respond to the question of whether a single prosecutor for a specific type of case is a waste of resources with a resounding NO! Especially when you consider that animal cruelty is a crime and will be prosecuted anyway, so the argument that it is a waste of resources lacks merit. By designating one specific prosecutor to handle these cases, you can assume that the prosecutions will be streamlined to a trial and not a quick plea of convenience by a prosecutor who may not care about animals and/or the care of such. The cases will appropriately be handled by an animal lover in charge of all the county's animal cruelty charges, making for a uniform, streamlined approach to cases that were once dispersed over a number of different prosecutors with varying skills, case loads and prosecutorial styles.

This will make it much harder for defendants to get off on technicalities or for a lack of attention to cases that most in our society believe deserve aggressive, through treatment.

For years, the State Attorney's Office has created specialized units within the office specifically for Fraud, Career Criminals, Sex Crimes, Public Corruption, Narcotics and even Auto Theft. These units have attorneys specifically working on those types of cases that our community seems most concerned about being protected from. We can now consider Animal Cruelty as one of those specialized units.

Animal Cruelty can be charged as a Misdemeanor or a felony depending on the extent of the abuse and/or injuries. Our Attorneys have handled these types of cases with great success. Like violent crimes involving people, there are often justifications in an animal abuse case. However, such must be determined on a case by case basis.

Should the 'Stand Your Ground' law for gun owners be repealed?

Brett Schwartz — Wed, 14 Sep 2011 14:59:00 GMT

The short, easy answer is a resounding NO. However, such is common watercooler conversation in courts and law offices throughout the state. It has become a hot issue in the last few days since a Palm Beach Circuit Court Judge dismissed a case last week where a defendant was facing two counts of first degree murder. The judge ruled the defendant was justified in shooting two people "out of fear for his life during a dispute aboard a 35-foot sailboat, where he was living.

The law was initially enacted by our legislature to allow an individual to utilize lethal force to defend your family against intruders in your home or attack outside your home. I doubt many would argue that an individual has the right to protect their family by any means necessary. However, many are now arguing (specifically prosecutors) that you do not have the right to utilize deadly force when someone is fearful of another based solely on threats or the way a person looks at you. Although, I understand such a perspective, I would disagree wholeheartedly, especially if they are in your home or on your property.

I have practicing law long enough as both a State Prosecutor and a criminal defense attorney to realize that when an intruder breaks into your home, he/she is doing so to commit a crime inside. You do not know whether they are there to steal from you, destroy your property or even hurt/kill you or your family. We do not typically have the opportunity to question the motivations of those intruders before they commit such acts to better understand their exact motivations. As a result, you as a homeowner have the right to presume the worst and take matters into your own hands by any means necessary.

Woman Arrested for Aggravated Assault after High Speed Chase

Brett Schwartz — Fri, 02 Sep 2011 14:32:00 GMT

A woman was arrested Thursday after she allegedly tried to run over a Hialeah police officer and crashed into six vehicles on Okeechobee Road, tying up morning traffic while police closed the road. Jeimy Cubides, 19, has been charged with four counts of aggravated assault on a police officer, one count of resisting arrest driving with a suspended license and with multiple citations for leaving the scene of a crash, said Eddie Rodriguez, spokesman for Hialeah police.

“She hit our officers with the car when they approached, which prompted one of them to fire his weapon,” Officer Rodríguez said. The shot did not hit the woman, and she continued driving north on Okeechobee, hitting six vehicles along the way until she finally came to a stop, where Officers arrested her.

This type of case can result in many different types of criminal charges, including but not limited to Aggravated Assault of a Law Enforcement Officer, Aggravated Battery of a Law Enforcement Officer, Driving with a Suspended License, Driving Under the Influence and Leaving the Scene of an Accident.

The Aggravated Assault in this particular case would be based on the officers subjective belief that they were in imminent fear of bodily harm and/or death as a result of her use of a deadly weapon (her vehicle). The aggravated battery would be based on her use of a deadly weapon (car) in the unconsentual touching of the police officers or even civilians or their vehicles, which can count as an extension of their person. If there is probable cause to believe that the driver was impaired, she could be charged with Driving Under The Influence and since she did not stop after causing an accident, the Leaving the Scene charge would apply.

Miami Herald

Jury Finds 18 Year Old Guilty of Killing Mom's Boyfriend

Brett Schwartz — Fri, 02 Sep 2011 14:12:00 GMT

A Broward County jury, after deliberating less than a day, has found Berenice Juarez guilty first-degree murder in the 2010 stabbing death of her mother's boyfriend in Delray Beach.

Juarez, 18, immediately was sentenced to life in prison by Circuit Judge Karen Miller as required by Florida law.

Her older brothers and mother showed no emotion as they sat in the courtroom just a few feet behind her. Their faces seemed to reflect numbness.

But Donis Ramos, the daughter of victim Ramos Paz, asked to speak.

Ramos told Juarez that she hopes she finds foregiveness.

“I know this won’t bring my dad back, nor will it return those happy days I spent by his side, but I feel satisfied,” she said. “He wasn’t just my dad, he was the best friend I had. He was always by my side whenever I needed him.”

Had Juarez gotten to know Paz, Ramos said, she would have learned he was a “marvelous person.”

“I think she would have had a different image of him,” Ramos said, “I want to tell her that this is all ugly and may God forgive her.”

Juarez’s family declined to comment.

Juarez confessed to fatally stabbing Paz in the heart in a parking lot on Feb. 17, 2010.

Taking the stand on Wednesday, she said she didn't intend to kill Gildardo Ramos Paz, but only wanted to keep him away from her mother.

"My emotions got to me, my heart was racing; I just got out of control," she said.

In his closing statement Wednesday, Assistant State Attorney Kirk Volker said Juarez knew exactly what she was doing. He put on latex gloves and revealed the folding knife that Juarez used to kill Paz.

"This is a textbook case of a cold-blooded, premeditated murder," he said, showing jurors the murder weapon.

Then 16, Juarez stole the knife from Walmart, posed as her mother and texted Paz to meet her at a shopping plaza at Congress Avenue and Linton Boulevard.

She waited with her brother at a PalmTran bus stop and parted with him there as he continued on to Atlantic High School, where they both attended school.

In many first degree murder trials when the killing itself is not contested, a defense attorney will often argue that although the victim was killed at the hands of their client, it was without premeditation, which is a required element for a first degree murder conviction. If lack of premeditation or intent to kill is not proven by the prosecutor or there is reasonable doubt as to that issue, then a jury can find the defendant guilty of second degree murder, which essentially means "killing without premeditation."

Sun Sentinel

State Drug Statute Ruled Unconstitutional

Brett Schwartz — Mon, 29 Aug 2011 17:45:00 GMT

A Federal Judge in Orlando has recently ruled Florida’s drug statute unconstitutional because, according to the court, it violates the 14th Amendment to the Constitution. Since that ruling, at least one state circuit court judge in the Eleventh Judicial Circuit has followed suit and dismissed all of the drug possession cases in his division on the same grounds. The problem with the current state law can be traced back to 2002 when the Florida legislature repealed the knowledge requirement in dealing with drug cases. Florida is the only state that has done away with the knowledge requirement for narcotics offenses. In other words, the prosecutor in drug cases only have to prove that drugs were in a persons possession and do not have to prove that the person knew that what they were in possession of what was actually a narcotic. Many of our firm’s past cases are consistent with such a fact pattern. For instance, if a police officer stops a vehicle and subsequently finds narcotics in the vehicle, typically all occupants will be arrested for possession of the drugs, even though most of them had no idea that there were drugs in the car and thus the intent element to possess drugs does not exist. These types of cases could be potentialy thrown out as a result of this ruling if the state can not prove that each individual occupant knew that there were drugs in the vehicle.

In criminal cases, the prosecution has the obligation to prove that a defendant acted with criminal intent, otherwise known as mens rea. Defense lawyers are currently arguing that the current law which fails to provide that knowledge is a key element in drug possession cases is a violation of an individual's due process rights.

In the upcoming weeks and months, motions to dismiss open cases or motions to vacate previously closed cases will be filed for the court’s consideration as a result of this recent ruling.

Regardless of how a state court may rule on a particular case, the end is probably far off as the losing side will most likely appeal the ruling to the appellate court for further clarification of the constitutionality of the state statute. As a result of the thousands upon thousands of cases that could be held in limbo as a result, the appellate court could rule the issue as one of great importance and ask the State Supreme Court who could then ask the United State Supreme Court to make a final determination of the statute’s constitutionality. There is a long road ahead for all pending and possibly past possession cases.

Our criminal defense lawyers are actively filing these motions on all drug cases that were charged based on this Florida Statute.

What is a Diversion Program? Am I Eligible?

Brett Schwartz — Mon, 21 Jun 2010 15:59:00 GMT

A diversion program is a negotiated resolution that would guarantee that your criminal case is dismissed, once certain conditions were fulfilled. Such conditions could include, classes such as a theft class or drug course and community service hours or both. However, the end result is that your case is dismissed and you may then be eligible to have your case expunged, which would allow you to wipe the case off your record.

Regardless of whether you are charged with a felony or a misdemeanor, you may be eligible for a diversion program. Typically, such a program is only offered on certain types of cases and are not usually offered in cases that involve violence. However, our attorney have successfully obtained the diversion program for clients on serious criminal cases by establishing a lack of evidence through the discovery phase. We have gotten client's charged with Burglary with Assault/Battery and Aggravated Battery into a diversion program.

If you have been charged with a criminal offense, call Hager & Schwartz, P.A. to discuss your case and how our attorneys can help you through this difficult process.

Man Arrested in Deadly Attack Over Cigarettes

Brett Schwartz — Sat, 08 May 2010 01:00:00 GMT

Police have arrested man suspected of fatally punching another man in the head.

The charges stem from an incident in which the suspect, Sosthene Louis, allegedly walked up to the victim and a friend and asked them for cigarettes. The victim, 26-year-old Lisney Oliveira, told Louis that he didn't have any cigarettes and continued walking. According to police, Louis followed the men and then punched Oliveira in the backed of the head, causing him to fall and hit his head on the concrete sidewalk.

Oliveira was taken to a nearby hospital, where he later died. Louis has been charged with second-degree murder for the attack.

Aggressive Defense Against Violent Crimes

Murder of any degree is one of the most serious charges an individual can face. If you or someone you love has been arrested for murder, assault & battery, or another violent crime, it's important to contact an experienced defense attorney right away.

At Hager & Schwartz, we have defended countless clients throughout the Miami-Dade area against all types of crimes and charges, including violent crimes like second-degree murder. We understand the magnitude of what you are facing, and are prepared to build an aggressive defense on your behalf. Our goal is to protect your rights and vigorously fight your charges to help you avoid a life-changing conviction.

To learn more about our services, please do not hesitate to contact a Miami criminal defense lawyer at our office today by calling (866) 850-7575.