Profile cover photo
Profile photo
Hubbs Law, P.A.
7 followers -
Criminal and DUI Defense in Miami, FL
Criminal and DUI Defense in Miami, FL

7 followers
About
Posts

Post has attachment
Technological advances have made identity theft more prevalent than ever. Illegal use of another person's personal information can result in any number of state or federal charges in Florida.

Identity theft offenses are typically prosecuted as criminal use of personal identification information crimes. Under Florida Statute § 817.568, an alleged offender can face any one of a variety of criminal charges.

Offenses involving fraudulent use of personal identification information under Florida Statute § 817.568(2) or fraudulent use or possession with intent to use personal identification information of a deceased individual under Florida Statute § 817.568(8) are classified as follows:

• Third-degree felony punishable by to five years in prison and a fine of up to $5,000 if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is less than $5,000 and the person fraudulently uses the personal identification information of less than ten individuals;

• Second-degree felony punishable by a mandatory minimum of three years up to 15 years in prison and a fine of up to $10,000 if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $5,000 or more or if the person fraudulently uses the personal identification information of ten or more individuals, but fewer than 20 individuals;

• First-degree felony punishable by a mandatory minimum of five years up to 30 years in prison and a fine of up to $10,000 if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more individuals, but fewer than 30 individuals; or

• First-degree felony punishable by a mandatory minimum of ten years in prison up to 30 years in prison and a fine of up to $10,000 if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more or if the person fraudulently uses the personal identification information of more than 30 individuals.

Florida Statute § 817.568(4) makes harassment by use of personal identification information a first-degree misdemeanor offense punishable by up to one year in jail and a fine of up to $1,000. Under Florida Statute § 817.568(6), fraudulent use or possession with intent to use personal identification information of a minor or elder is a second-degree felony.

Fraudulent creation or use, or possession with intent to fraudulently use, counterfeit or fictitious personal identification information is a third-degree felony under Florida Statute § 817.568(9).

Unlawful possession of the personal identification information of another person under Florida Statute § 817.5685 is a first-degree misdemeanor if the alleged offender possesses the personal identification information of four or fewer persons, but a third-degree felony if he or she possesses the personal identification information of five or more persons.

In addition to state laws in Florida, certain people may face federal charges for alleged identity theft offenses. Federal identity theft laws include the Identity Theft and Assumption Deterrence Act of 1998, Fair and Accurate Credit Transactions Act (FACTA) of 2003, Identity Theft Penalty Enhancement Act of 2004, and Identity Theft Enforcement and Restitution Act of 2008. Convictions for federal identity theft crimes are generally punishable by sentences of up to 30 years in prisons and fines that may be hundreds of thousands of dollars.

If you have been accused of identity theft offense in South Florida, it is in your best interest to not say anything to authorities until you have legal counsel. Miami criminal defense attorney E.J. Hubbs is a board certified specialist in criminal law who represents clients all over the greater Miami-Dade County area.
Add a comment...

Post has attachment
The crimes more commonly referred to as fencing, bootlegging, or trafficking in stolen property are prosecuted as dealing in stolen property offenses in Florida. Florida Statute § 812.019 establishes two grades of dealing in stolen property offenses.

Under Florida Statute § 812.019(1), a person commits a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000 if he or she traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen.

Florida Statute § 812.019(2) establishes that a person commits a first-degree felony punishable by up to 30 years in prison and a fine of up to $10,000 if he or she initiates, organizes, plans, finances, directs, manages, or supervises the theft of property or traffics in such stolen property.

The term traffic is defined under Florida Statute § 812.012(8) as meaning to sell, transfer, distribute, dispense, or otherwise dispose of property; or to buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.

Florida Statute § 812.0195 also establishes two grades of offenses relating to the crime of dealing in stolen property by use of the internet. An alleged offender commits one of the following offenses if he or she uses the internet to sell or offer for sale any merchandise or other property that the person knows, or has reasonable cause to believe, is stolen:

• Value of the Property is Less than $300 — Second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500; or

• Value of the Property is $300 or more — Third-degree felony punishable by up to five years in prison and a fine of up to $5,000.

One very common claim by people accused of this crime is a lack of knowledge that the property was stolen. Florida Statute § 812.022 establishes six specific types of proof that give rise to the inference that the alleged offender in possession of stolen property knew or should have known that the property had been stolen.

Some people can face dealing in stolen property charges as the result of simple online transactions conducted in good faith. E.J. Hubbs is an experienced criminal defense lawyer in Miami who represents clients all over Miami-Dade County and surrounding areas of South Florida.
Add a comment...

Post has attachment
Florida Statute § 784.045 establishes three ways that a person can commit the crime of aggravated battery. Florida Statute § 784.045(1)(a) states that a person commits aggravated battery when he or she, in committing battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon.

An alleged offender also commits aggravated battery under Florida Statute § 784.045(1)(b) if the person who was the victim of the battery was pregnant at the time of the offense and the alleged offender knew or should have known that the victim was pregnant.

Aggravated battery is a second-degree felony in Florida. A conviction is punishable by a sentence of up to 15 years in prison and a fine of up to $10,000.

The Florida Standard Jury Instructions provide a specific chapter for aggravated battery offenses involving pregnant victims. Under Florida Standard Jury Instruction § 8.4(a), the State must prove the following three elements beyond a reasonable doubt in order to prove the crime of aggravated battery (the first element is a definition of the crime of battery):

1. The alleged offender intentionally touched or struck the victim against her will or intentionally caused bodily harm to the victim.

2. The victim was pregnant at the time.

3. The alleged offender in committing the battery knew or should have known that the victim was pregnant.

An interesting fact about aggravated battery on pregnant woman offenses is that, most people believe that it is a family or domestic violence offense –it is not. Aggravated battery may be charged regardless of the alleged offender's relationship to the victim.

While aggravated battery offenses committed by family or household members against other family or household members do, in fact, constitute domestic violence, any battery crime committed upon any pregnant female is aggravated battery. Enhanced criminal charges are not limited solely to domestic situations.

Miami criminal defense attorney E.J. Hubbs is a board certified specialist in criminal law, the highest level of evaluation of attorneys’ competence and experience. He represents clients charged with aggravated battery crimes in communities throughout Miami-Dade County and surrounding areas of South Florida.
Add a comment...

Post has attachment
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) typically sendsletters that notify individuals about their driving privileges being suspended or revoked because of their statuses as habitual traffic offender (HTOs). A person is designated as an HTO if he or she accumulates a specified number of traffic convictions or moving violations in a five-year period.

HTO status will result in a person’s license being suspended or revoked for up to five years. Certain alleged offenders can also face increased automobile insurance rates.

An HTO is defined under Florida Statute § 322.264 as “any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses" within a five-year period.

Florida Statute § 322.264(1) establishes that a person may be designated as an HTO if he or she accumulates three or more convictions of any one or more of the following offenses arising out of separate acts:

• Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

• Any driving under the influence (DUI) violation;

• Any felony in the commission of which a motor vehicle is used;

• Driving a motor vehicle while his or her license is suspended or revoked;

• Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or

• Driving a commercial motor vehicle while his or her privilege is disqualified.

Under Florida Statute § 322.264(2), a person can also be designated as an HTO is he or she accumulates 15 convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statute § 322.27.

Offenses listed under this statute include, but are not limited to speeding tickets, reckless driving, and leaving the scene of a crash resulting in property damage of more than $50.It is important for any person who has received notification of an HTO designation to immediately retain legal counsel.

A criminal defense attorney may be able to file a motion to vacate any convictions that may have caused the person to be labeled as an HTO, or request an administrative hearing with the Florida DHSMV to challenge the validity of the suspension or revocation.

Alleged offenders only have a limited amount of time to file these motions, so it is critical to contact Miami criminal defense lawyer E.J. Hubbs as soon as possible. While people with HTO statuses can apply for hardship licenses, these privileges are not available to individuals during the first year of their revocations or suspensions.
Add a comment...

Post has attachment
Under Florida Statute § 316.193(1), a person commits the crime of driving under the influence (DUI) if he or she is driving or in actual physical control of a vehicle within Florida and he or she is under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that his or her normal faculties are impaired; or has a blood alcohol concentration (BAC) of 0.08 or greater. In most cases, a first DUI offense is a second-degree misdemeanor punishable by up to six months in jail and a fine of up to $1,000.

Florida Statute § 316.193(4), however, provides for enhanced penalties for certain aggravating factors in DUI arrests. People can face stiffer punishments if they are convicted of DUI offenses involving BACs of 0.15 or higher or, at the time of the offenses, they were accompanied by any person under the age of 18 years.

In either scenario, a DUI conviction becomes punishable as follows:

• First Conviction — Up to nine months in jail and minimum fine of $1,000 up to $2,000;

• Second Conviction — Up to 12 months in jail and minimum fine of $2,000 up to $4,000; and

• Third or Subsequent Conviction — Up to five years in prison and minimum fine of $4,000 up to $5,000.

In addition to the consequences listed above, Florida Statute § 316.193(4)(c) also states that courts will order the mandatory placement, at the alleged offender’s sole expense, of ignition interlock devices (IIDs) upon all vehicles individually or jointly leased or owned and routinely operated by the alleged offender.

IIDs must be maintained for not less than six continuous months for first offenses and not less than two continuous years for second offenses.

It is important to understand that DUI crimes involving child passengers can be more aggressively prosecuted because of the supposed disregard for the well-being of a minor. People who are arrested for this kind of DUI charge will want to immediately retain legal counsel.

E.J. Hubbs is an experienced criminal defense attorney in Miami who defends residents and visitors in communities all over Miami-Dade County. He can fight to possibly get your criminal charges reduced or dismissed.
Add a comment...

Post has attachment
According to the United States Sentencing Commission (USSC), the 15,744 offenders convicted of illegal reentry in fiscal year 2016 accounted for 82.6 percent of all immigration offenders sentenced under the guidelines. The USSC reported that 97.7 percent of these offenders were sentenced to imprisonment, with the average sentence length for illegal reentry offenders being 14 months.

Under Title 8 U.S.C. § 1326(a), any alien (any person not a citizen or national of the United States) who has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, commits the federal offense of reentry of removed aliens (illegal reentry) if he or she enters, attempts to enter, or is at any time found in, the United States—unless the Attorney General expressly consented to such alien’s reapplying for admission or, with respect to an alien previously denied admission and removed, such alien establishes that he or she was not required to obtain such advance consent under this chapter or any prior act.

In general, the maximum sentence for an alleged offender with no prior criminal record is two years in prison as well as a possible fine of up to $250,000. Title 8 U.S.C. § 1326(b), however, establishes that illegal reentry is punishable by up to ten years in prison and a fine of up to $250,000 if the alleged offender:

• was previously convicted of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony);

• was excluded from the United States pursuant to Title 8 U.S.C. § 1225 because the alien was excludable under to Title 8 U.S.C. § 1182(a)(3)(B) or was removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, entered the United States, or attempted to do so; or

• was removed from the United States pursuant to Title 8 U.S.C. § 1231(a)(4)(B) and thereafter, without the permission of the Attorney General, entered, attempted to enter, or was at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry).

Additionally, Title 8 U.S.C. § 1326(b)(2) establishes that any alien whose removal was subsequent to a conviction for commission of an aggravated felony can be sentenced to up to 20 years in prison and a fine of up to $250,000.

The State does not need to allege the facts of a prior conviction in its indictment, nor does the jury have to make a finding on the validity of a prior conviction when the statutory enhancements are based on an alleged offender’s prior criminal record.

When enhancements are based on an individual's prior deportation, however, the government’s indictment must allege not only a prior removal and subsequent reentry, but also the date of that removal or the fact that it occurred after a qualifying prior conviction in order for the alleged offender to be eligible for an enhanced statutory maximum under Title 8 U.S.C. § 1326.

People accused of illegal reentry in Miami-Dade County may be able to utilize any one of a number of defenses against these criminal charges. Alleged offenders who were previously given voluntary departure can avoid orders of deportation, and some people are simply misidentified because of discrepancies with alien registration numbers or other identifying information.

E.J. Hubbs is an experienced criminal defense lawyer in Miami who represents people accused of immigration crimes in communities all over South Florida. He assists clients with a number of complex immigration matters, including political asylum, cancellation of removal, or adjustment of status.
Add a comment...

Post has attachment
In October 2015, the Miami Herald reported that Krome Service Processing Center, the Immigration and Customs Enforcement (ICE) detention facility in Miami, is neither the jail nor the luxury motel that critics claim.

Instead, the Herald said "Krome is more like a military barracks where detainees live in dormitory pods, not cells, and where they watch television, talk to each other, make phone calls to relatives, friends or lawyers, and eat three times a day in a cafeteria with a menu that changes daily."

The Krome Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice (DOJ). People who arrested by ICE in the Miami area are typically taken to Krome, where the agency decides whether to detain the alleged offender, release him or her on bond, or possibly pursue deportation.

ICE will often determine its course of action during an immigration bond hearing, at which the alleged offender may be able to present documentation or other evidence that supports his or her release from custody.

Some of the factors that an immigration judge will consider during an immigration bond hearing include:

• The amount of time the detainee has lived in the United States;

• The detainee’s family members in the United States who are citizens;

• The detainee’s employment history;

• The detainee’s prior criminal history;

• The detainee’s prior orders of deportation;

• The risk the detainee will abscond or fail to appear to court;

• The risk the detainee will pose a danger to other persons or property if released; and

• Whether the detainee is a national security risk.

Bond motions are extremely important stages of immigration proceedings for which alleged offenders will want to have experienced legal counsel. While the lowest bond that a judge can set under federal law is $1,500, there is no maximum bond amount.

Miami criminal defense attorney E.J. Hubbs represents clients arrested all over the greater Miami-Dade County area. He can help you or your loved one get your bond granted or reduced.
Add a comment...

Post has attachment
Criminal charges relating to domestic violence are from being the only concerns that alleged offenders face, as alleged victims in such cases may also seek injunctions for protection, more commonly known as protection orders or restraining orders.

Florida has five different kinds of injunctions for protection:

• Injunction for Protection Against Domestic Violence — For victims of domestic violence or people who have reasonable cause to believe they are in imminent danger of becoming victims of any act of domestic violence;

• Injunction for Protection Against Repeat Violence — For victims of or people threatened with at least two acts of domestic violence, one of which occurred within six months of the filing;

• Injunction for Protection Against Dating Violence — For victims of domestic violence who have or had a continuing and significant relationship of a romantic or intimate nature with alleged offenders within the previous six months that included an expectation of affection or sexual involvement;

• Injunction for Protection Against Sexual Violence — For victims of one of the following acts: Sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age, luring or enticing a child, sexual performance by a child; or any other forcible felony wherein a sexual act is committed or attempted;

• Injunction for Protection Against Stalking — For people who have been willfully, maliciously, and repeatedly followed, harassed, or cyberstalked.

Injunctions for protection are civil matters completely separate from criminal cases. At an injunction for protection hearing, the alleged victim only needs to prove his or her case by a preponderance of the evidence—essentially translating to an alleged offender "more likely than not" committed the alleged offense. Preponderance of the evidence is a lower standard of proof than beyond a reasonable doubt (the highest possible legal standard) required in criminal cases.

When retraining orders are granted, they can place enormous restrictions on the alleged offenders. Individuals may lose child custody or visitation right, access to shared homes, and the right to possess firearms. It is important to understand that an injunction for protection is a court order, and any violation of the civil order carries criminal penalties.

Is someone seeking a restraining order against you or have you been accused of violating an injunction for protection in Miami-Dade County? You should contact Miami criminal defense lawyer E.J. Hubbs as soon as possible for help achieving the most favorable outcome to your case that results in the fewest possible penalties.
Add a comment...

Post has attachment
As the National Resource Center on Domestic Violence's Domestic Violence Awareness Project notes, Domestic Violence Awareness Month has evolved considerably from the "Day of Unity" held in October 1981 and conceived by the National Coalition Against Domestic Violence.

The first Domestic Violence Awareness Month was observed in 1987, and the United States Congress has passed public laws designating October as National Domestic Violence Awareness Month each year since 1989.

Numerous high-profile cases in recent years have drawn increased attention to domestic violence awareness and prevention efforts, and the Florida Coalition Against Domestic Violence (FCADV) serves as the professional association for the state's 42 domestic violence centers.

Florida Statute § 741.28(2) defines domestic violence as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."

Family or household member is defined by Florida Statute § 741.28(3) as meaning:

• Spouses;

• Former spouses;

• Persons related by blood or marriage;

• Persons who are presently residing together as if a family or who have resided together in the past as if a family; and

• Persons who are parents of a child in common regardless of whether they have been married.

With the exception of persons who have a child in common, family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

When police officers in South Florida respond to any domestic violence call, it typically ends with at least one person being arrested—even when there is no evidence of an alleged crime.

The criminal justice system is set up to protect the victims of domestic violence, and many of the punishments that can be imposed on the those accused of these crimes are intended to prevent any possible future domestic violence. In addition to possible imprisonment, alleged offenders can also be subject to injunctions for protection, otherwise known as restraining orders or protection orders.

If you were arrested for any kind of alleged domestic violence crime in Miami-Dade County, it is in your best interest to not say anything to authorities—even if you know that you are completely innocent. Miami criminal defense attorney E.J. Hubbs will work tirelessly to possibly get your criminal charges reduced or dismissed.
Add a comment...

Post has attachment
Read more about the penalties for "hit and run" under Florida law. The number of hit and run cases are steady each year. But the penalties have continued to increase over the last legislative session. Read more about statistics on why 70% of these cases involve men who leave the scene.
http://www.hubbslawfirm.com/criminal-defense/traffic-crimes/hit-and-run-accidents/
Hubbs Law
Hubbs Law
hubbslawfirm.com
Add a comment...
Wait while more posts are being loaded