Florida Crime News

Can I record a conversation and use it in court?

As the Johnny Depp Vs. Amber Heard defamation trial starts coming to a close after over 20 days of witness testimonies and a nationwide media focus, many questions have arised from the public in regards to what we have seen presented in that Fairfax, Virginia courtroom.

At the heart of the trial are video and audio recordings presented as evidence from both sides to support their argument that one was violent with the other. Many people are wondering how these recordings are even allowed to be submitted into evidence since most of the time it is obvious that one party, either Depp or Heard, is not aware they are being recorded. Such as the infamous kitchen cabinet video where Amber Heard secretly records an angry Johnny Depp slamming the kitchen cabinet doors. Read More

GeoTracking and Its Detrimental Effects on Criminal Cases

Geo Tracking and Its Detrimental Effects on Criminal Cases

Gone are the good old days where a criminal defense attorney could claim “I was not there”. Why? Because of the little communication devices we all carry in our hands, in our pockets, in our purses, 24 hours, 7 days a week. These cell phone devices have become a so called appendage to our bodies due to our insatiable need to always be connected. Our every single movement is “geo-tracked” by our cell phone providers. I recently had the not so pleasurable experience of defending someone whose moves placed him at the crime scene within minutes before the shooting, during the shooting and right after the shooting. The geo-tracking was overwhelmingly persuasive and negative. So what exactly is geo tracking and is it lawful for the government to have access to our every single move? Read More

Survivors vs. Victims in the Surfside Building Collapse- Unexpected Rivals

$997 Million to the family members of those individuals who did not survive and $83 Million to the survivors whose property was destroyed and lost. The discrepancy has caused quite a friction amongst the “survivors” and “victims”. Even the nomenclature that one group is called “victims” and the other group is called “survivors” seems to be a cause of frustration for those people that survived the collapse. In a recent tv appearance, I met two survivors who were visibly upset, frustrated, confused and distraught over the settlement that they were going to receive vs. the settlement that the family members of those who lost their life. So why the discrepancy? Read More

The Difference between an E2 and EB5 Visa

For immigrants wanting to legally live and work in the United States, the roadmap to a visa or green card can be quite complex. However, fortunately for investors and entrepreneurs looking to bring business to the United States, there are two options that can give these qualifying individuals access to legal status and work opportunities here in the United States.

An E2 Visa and an EB-5 Visa are two opportunities for individuals to live and work in the United States based on their investment in a business. However, while the two visas are viable options and have similar benefits, the requirements and length of status for the two are very different. Read More

Miami-Dade protecting renters from homelessness.

An ongoing and escalating issue in Miami-Dade County is the sky rocketing increase in housing.  Residents in Miami have been seeing their rent increase between $500 to even $1000 more. Effective March 25th, 2022, a new Miami Dade Ordinance will now require landlords to give their tenants at least a 60 day written notice when increasing their rent by more than 5% and it extends notices of rental termination of month-to-month rent from 15 days to 30 days. This is extremely important and prominent to tenants who have been suffering financially from these blindsiding rent increases. Read More

Marsy’s Law- Victim’s Rights

The United States Constitution highlights and outlines the rights that any accused and convicted individual has within our criminal justice system. However, an aspect of the criminal justice system that is not as profiled as the defendants rights is the rights given to the victim of a crime.

The primary goal of Marsy’s Law is to ensure that the victim is granted the same rights as the perpetrator of the crime. Read More

Bill Cosby set free from prison.

Bill Cosby is out of prison and his conviction is overturned. Why? In 2005, then Montgomery District Attorney decided not to file charges against Bill Cosby for the alleged sexual assault against Andrea Constandt. He issued a press release stating that no criminal charges would be filed against Mr. Cosby. This decision not to criminally prosecute stripped away Mr. Cosby’s Fifth Amendment right against self- incrimination when he was deposed in the civil case that Andrea Constandt filed against him. Mr. Cosby, relying on the promise of non- prosecution and compelled by a civil order to testify, incriminated himself in four separate civil depositions. Thereafter, despite the publicly issued promise of non-prosecution, the original district attorney’s successor filed criminal charges against Mr. Cosby and used his incriminating civil deposition testimony against him in a criminal trial resulting in a conviction. The Pennsylvania Supreme Court held that this violated Mr. Cosby’s fundamental due process rights. The court overturned his conviction barring any further prosecution of Mr. Cosby and ordered his immediate release.  Read More

Bill Cosby released from prison early and conviction overturned.

Bill Cosby is out of prison and his conviction is overturned. Why? In 2005, then Montgomery District Attorney decided not to file charges against Bill Cosby for the alleged sexual assault against Andrea Constandt. He issued a press release stating that no criminal charges would be filed against Mr. Cosby. This decision not to criminally prosecute stripped away Mr. Cosby’s Fifth Amendment right against self- incrimination when he was deposed in the civil case that Andrea Constandt filed against him. Mr. Cosby, relying on the promise of non- prosecution and compelled by a civil order to testify, incriminated himself in four separate civil depositions. Thereafter, despite the publicly issued promise of non-prosecution, the original district attorney’s successor filed criminal charges against Mr. Cosby and used his incriminating civil deposition testimony against him in a criminal trial resulting in a conviction. The Pennsylvania Supreme Court held that this violated Mr. Cosby’s fundamental due process rights. The court overturned his conviction barring any further prosecution of Mr. Cosby and ordered his immediate release. CLICK HERE TO SEE THE VIDEO Read More

I just bought a house in Miami which has squatters. Can I get them out even with the moratorium?

Yes, you certainly can get him out via the Ejectment process. This is a circuit court cause of action wherein the lawful owner petitions the court to grant a final judgment of ejectment on the squatter and the clerk, in turn, issues a writ of possession. The sheriff serves the writ of possession and executes it to remove the squatter. While the moratorium is still in existence here in Miami Dade County, it does not apply to squatters which means the sheriff’s will physically remove them. The question is whether the owner wants to pay the expedited fee for removal or park in the long cue created by Covid.  Read More

You obtained an eviction in Miami against your non-paying renter, now what?

Under normal circumstances in Miami, the order that the judge signs granting an eviction judgment against your non-paying tenant states “Let all writs of possession issue”. What this is basically is an order to the clerk’s office to submit a writ of possession to the Sheriff’s office who then executes the writ. A writ of possession is a document that entitled possession of a property back to its lawful owner and removal of a tenant with no ownership or legal interest in the property. Unfortunately we are not living under normal circumstances any longer, and these days in Miami, a writ of possession is pretty much worthless. Read More

What Past Clients Say

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I met with several attorneys and I didn’t feel comfortable with any. Marcia walked me through the process and explained everything to me in detail. She was clear and very communicative throughout the ordeal. I recommend Marcia to anyone going through any type of criminal / legal matters.

Jose Martinez 5 March 4, 2019

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