Domestic violence cases are always serious, but when children are involved, the consequences can be especially far-reaching. If you’ve been accused of domestic violence in Miami and you share children with the alleged victim, your rights as a parent—and your future—could be on the line.

At Izquierdo Law Firm, we understand how emotionally charged and complex these cases can be. Our team is here to protect your legal rights and help you navigate the legal process with clarity and confidence.

How Domestic Violence Accusations Can Affect Parental Rights

In Florida, domestic violence charges can directly affect custody arrangements, visitation rights, and even the ability to communicate with your children. The court’s primary concern in these cases is the well-being and safety of the child. That means even a temporary restraining order can result in:

• Loss of custody or time-sharing rights
• Supervised visitation requirements
• No-contact orders that may prevent you from seeing your children
• Mandatory counseling or intervention programs

In some cases, Child Protective Services (CPS) may get involved to evaluate the living situation and ensure the child’s safety. Even if you are not convicted, the mere accusation can cause long-term disruptions to your family life.

Understanding Florida Law on Domestic Violence

Under Florida Statute §741.28, domestic violence includes physical harm, threats, stalking, kidnapping, or any criminal offense resulting in injury or death to a family or household member. When the alleged victim is a co-parent or someone you share a household with, the legal system acts swiftly to protect children from perceived danger—even before all the facts are presented.

Because of this, it’s crucial to act quickly. Hiring an experienced criminal defense attorney can mean the difference between a temporary family separation and a lasting change in your parental rights.

Building a Strong Defense Strategy With Your Children in Mind

Every domestic violence case is unique. At Izquierdo Law Firm, we take a strategic approach to defending our clients. We’ll examine the facts, gather evidence, and challenge false or exaggerated allegations. If children are involved, we’ll also work to demonstrate that you are a safe and responsible parent who deserves a fair say in custody matters.

If you’ve been accused of domestic violence and there are children involved, don’t face the legal system alone. The stakes are simply too high. Contact us today for a 4-point strategy session. We’re committed to protecting your freedom, your future, and your relationship with your children.

Have You Been Accused Of Domestic Violence In Florida?

If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida".  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

What Does It Mean to Be Indicted?

An indictment is a formal accusation that a person has committed a crime. It is typically issued by a grand jury, which is a group of citizens who review evidence presented by a prosecutor to determine if there is enough probable cause to proceed with criminal charges. Indictments are generally reserved for serious offenses, such as felonies, rather than minor misdemeanors.
An indictment does not mean that a person is guilty; rather, it signals the beginning of the legal process in which the accused must defend against the charges in court.

The Indictment Process

1.  Investigation – Law enforcement and prosecutors investigate alleged criminal activity, gather evidence, and determine whether charges should be pursued.
2.  Grand Jury Review – In cases requiring an indictment, the prosecutor presents evidence to a grand jury, which decides if probable cause exists to formally charge the individual.
3. Issuance of the Indictment – If the grand jury votes to indict, the formal charges are filed with the court.
4. Arrest or Summons – Depending on the circumstances, the accused may be arrested or receive a summons to appear in court.

Can You Be Indicted Without Knowing?

Yes, it is possible to be indicted without knowing. In many cases, the grand jury process is conducted in secrecy, meaning the individual under investigation may not be aware of the proceedings. Additionally, some indictments are "sealed," meaning they remain confidential until law enforcement makes an arrest or the court decides to unseal them.

Common scenarios where a person may not know they have been indicted include:

• Sealed Indictments – These remain confidential to prevent a suspect from fleeing or tampering with evidence.
• Out-of-State or Federal Indictments – If you are indicted in a different state or by a federal court, you might not receive immediate notification.
• Delayed Arrests – Law enforcement may wait to arrest someone until a strategic time, such as when they can apprehend multiple suspects in a case.

What to Do If You Suspect You Have Been Indicted

If you believe you may have been indicted, it is crucial to take proactive steps to protect yourself:

• Consult a Criminal Defense Attorney – An experienced lawyer can check court records, contact prosecutors, and help you prepare a legal defense.
• Refrain from Speaking to Law Enforcement – Anything you say can be used against you, so it’s important to have legal representation before discussing your case.
• Monitor Court Records – Some indictments become public record once filed. An attorney can assist in checking for any legal action against you.

Need Legal Help? Contact Izquierdo Law Firm Today 

An indictment is a serious legal matter, but being informed and having a strong legal representation can make all the difference in how your case proceeds. If you are concerned about a possible indictment, contact an experienced criminal defense attorney as soon as possible to understand your rights and develop a strategy for your defense.At Izquierdo Law Firm, we have extensive experience in handling indictments and defending our clients against criminal charges.

If you've been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

Izquierdo Law Firm is honored to announce that we have been awarded First Place in the 2024 Miami-Dade Favorites Contest by the Miami Herald in the Criminal Defense category. This recognition is especially meaningful as it reflects the votes and trust of the Miami-Dade community, which cast over 247,000 votes this year to highlight the best businesses and professionals in the region.

Winning this award underscores our commitment to providing exceptional legal representation for individuals facing serious charges, including DUI, domestic violence, and federal crimes. Founded by attorney Daniel Izquierdo, our firm prides itself on crafting personalized, compassionate, and strategic defenses to achieve the best possible outcomes for our clients.

What is Miami-Dade Favorites?

Miami-Dade Favorites, hosted by the Miami Herald, is an annual celebration of the people, businesses, and organizations that make our vibrant community exceptional. With thousands of votes cast by locals, this contest reflects the pride and enthusiasm of the Miami-Dade community for its standout professionals and establishments.

This year’s competition saw unprecedented participation, making it an honor to be named as a top choice in such a competitive and prestigious contest.

Why We’re Miami-Dade’sFavorite

At Izquierdo Law Firm, our mission goes beyond simply defending clients in court. We take the time to understand your unique circumstances, guide you through Florida’s complex legal system, and advocate for your rights with compassion and diligence. Whether it’s a state-level criminal charge or navigating federal courts, we are relentless in our pursuit of justice for our clients.

Our recognition as Miami-Dade’s Favorite Criminal Defense Law Firm is a testament to our hard work, personalized approach, and the trust our clients place in us.

Thank You, Miami-Dade!

We extend our heartfelt gratitude to everyone who voted for us and continues to support our work. This award motivates us to uphold the highest standards of legal representation and community service.

If you or a loved one need a trusted criminal defense attorney in Miami-Dade, look no further. Contact us today to see why we’re the community’s favorite choice for justice and protection.

Contact Us for a Free Consultation

Let us show you why we’re the law firm Miami-Dade counts on when it matters most. Contact me online or call my Miami office directly at 305.707.7345

Federal conspiracy charges are serious criminal allegations that carry significant penalties, particularly when the underlying crime is as serious as murder. Understanding the nature of the charges and your legal options is essential.

What is Conspiracy to Commit Murder?

Under federal law, a conspiracy occurs when two or more individuals agree to commit a crime and at least one of them takes an overt step toward carrying out that agreement. In the context of murder, conspiracy charges can be brought against individuals even if the crime itself was never completed.

Federal prosecutors do not need to prove that the murder was carried out.

Penalties for Federal Conspiracy to Commit Murder

Federal conspiracy charges involving murder carry severe penalties. If convicted, individuals may face:

• Life imprisonment: In many cases, conspiracy to commit murder carries a penalty similar to that of the completed crime.
• Substantial fines: Financial penalties may accompany a prison sentence.
• Additional charges: Federal prosecutors often bring related charges, such as weapons violations or obstruction of justice, which can compound the consequences.

The stakes in these cases are extremely high, and federal prosecutors are well-resourced to build strong cases against defendants.

Potential Defenses Against Conspiracy to Commit Murder Charges

Every case is unique, and the defense strategy will depend on the specific facts. However, common defenses include:

• Lack of agreement: If there is no evidence of a mutual agreement to commit murder, the conspiracy charge may be challenged.
• No overt act: The prosecution must prove that an overt act was taken in furtherance of the conspiracy.
• Entrapment: If law enforcement induced you to participate in a conspiracy you otherwise would not have joined, this could serve as a defense.
• Insufficient evidence: Challenging the credibility of witnesses, wiretaps, or other forms of evidence can weaken the prosecution's case.

Miami Federal Murder Conspiracy Defense Lawyer

Federal conspiracy charges, especially those involving murder, are complex and often rely on extensive evidence such as recorded conversations, witness testimony, or surveillance. A knowledgeable defense attorney can:

• Investigate the details of your case.
• Challenge the admissibility of evidence.
• Negotiate with federal prosecutors to seek a reduction or dismissal of charges.
• Advocate for your rights in court.

Have You Been Charged With A Federal Crime?

If you are facing charges of conspiracy to commit murder, you need an experienced federal crime attorney as soon as possible. Our firm specializes in federal criminal defense and has a proven track record of achieving favorable outcomes for clients in complex cases.  Contact me online or call me at my Miami office directly at 305.707.7345.

 Conspiracy drug crimes can carry severe penalties and complex legal implications.

Facing drug conspiracy charges can be overwhelming, especially with the complex legal elements involved. Knowing what to do when charged with conspiracy for drug crimes is crucial, as penalties are often severe. An experienced attorney can help build a strong defense, ensuring you understand the charges, the potential consequences, and the best path forward to protect your rights.

What is Conspiracy Drug Crime?

Conspiracy drug crime involves an agreement between two or more people to commit a drug-related offense. This means that even if an individual has not directly engaged in the drug crime, being part of a plan to distribute or manufacture illegal substances can result in serious charges. The law treats conspiracy as a crime in itself, which means that participants can face significant penalties even if the actual drug crime has not been executed.

Elements of a Conspiracy Charge

To prove a conspiracy charge, the prosecution must establish:

• Agreement: There was an agreement between two or more individuals to engage in a drug-related crime.
• Intent: All parties involved had the intent to commit the crime.
• Overt Act: At least one of the conspirators took a step toward carrying out the plan, showing that the conspiracy was not merely a vague or idle agreement.

Each of these elements must be proven beyond a reasonable doubt for a conviction to stand.

Penalties for Conspiracy Drug Crimes

The penalties for conspiracy drug crimes in Florida can vary significantly based on factors such as:

• The type and amount of the drug involved
• The defendant's prior criminal history
• Whether the conspiracy involved minors or other aggravating factors

Charges can range from misdemeanors to felonies, potentially resulting in years of imprisonment and heavy fines.

Defending Against Conspiracy Charges

If you find yourself facing conspiracy drug charges, it is crucial to seek legal assistance immediately. A skilled criminal defense attorney can help you navigate the complexities of your case. Possible defenses may include:

• Lack of knowledge about the conspiracy
• Withdrawal from the conspiracy before any overt act was committed
• Insufficient evidence to prove the conspiracy beyond a reasonable doubt

In Miami, conspiracy drug crimes are taken very seriously, and the consequences can be life-altering. If you or someone you know is facing these charges, it is vital to consult with an experienced criminal defense firm that can provide the necessary guidance and representation.

Have You Been Charged With A Federal Crime?

If you've been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

For many individuals convicted of a felony in Florida, one of the harshest long-term consequences is the loss of civil rights, including the right to own and possess firearms. While a felony conviction leads to an automatic revocation of these rights, it is possible, under certain circumstances, to have your gun rights restored.

Loss of Gun Rights Following a Felony Conviction

In Florida, individuals convicted of a felony automatically lose their right to possess or own firearms under both state and federal law. This loss of gun rights applies to any firearm, including handguns, rifles, and shotguns. Attempting to purchase or possess a firearm as a convicted felon can lead to further legal consequences, including new criminal charges, imprisonment, and fines.

Can Gun Rights Be Restored After a Felony Conviction?

Yes, but the process is complex and requires patience. In Florida, the restoration of firearm rights for convicted felons is typically granted through a petition process.

The State Clemency Process is the primary route for restoring firearm rights in Florida. This allows felons to request a pardon or restoration of civil rights, including the right to possess firearms.

• Restoration of Civil Rights (RCR): For many felons, having their civil rights restored is a necessary first step in restoring gun rights. The restoration of civil rights includes the right to vote, serve on a jury, and hold public office. While the restoration of civil rights does not automatically restore gun rights, it opens the door for a specific request to restore firearm rights.
• Application for Firearm Authority: Once a felon’s civil rights are restored, they may separately apply for the restoration of firearm rights. However, this is not guaranteed and is subject to approval by the Florida Office of Executive Clemency.

A full pardon from the state can restore both civil rights and the right to own firearms. A pardon is a form of clemency that forgives the conviction itself, effectively wiping it from the individual’s criminal record. Once a pardon is granted, the person’s firearm rights are generally restored.

Eligibility Requirements for Restoration

Several factors affect whether a convicted felon is eligible to have their gun rights restored. These include:

• Type of Conviction: Certain felonies, particularly violent offenses or crimes involving firearms, can make it more difficult (or impossible) to restore gun rights.
• Waiting Period: Florida requires a minimum waiting period of eight years after the completion of a sentence, including probation or parole, before a felon can apply for restoration of civil rights or firearm rights.
• Conduct Since Conviction: The clemency board will review the individual’s behavior and conduct since their conviction, including any subsequent arrests or legal violations. A clean record and demonstrated rehabilitation are critical factors.
• No Pending Charges: Applicants must not have any pending criminal charges when applying for restoration of their rights.

The Application Process

The process of restoring gun rights through clemency in Florida can be lengthy and requires careful attention to detail. Here’s a brief outline of the steps involved:

1. Submit a Clemency Application: The applicant must complete and submit a clemency application to the Office of Executive Clemency. The form includes information about the conviction, the sentence, and any post-sentence conduct.
2. Investigative Process: Once the application is submitted, the Florida Parole Commission conducts an investigation into the applicant’s criminal history and current status.
3. Clemency Board Review: The Florida Executive Clemency Board, which includes the Governor and members of the Cabinet, reviews the application. The board will evaluate the case and may require an in-person hearing before deciding.
4. Decision: If the board approves the application, the individual’s firearm rights will be restored. If denied, the applicant may reapply after a specified period or seek legal advice on alternative options.

Federal Restrictions on Gun Rights

It’s essential to understand that even if Florida restores your firearm rights, federal law may still restrict your ability to own or possess a firearm. Under federal law (18 U.S.C. § 922), convicted felons are prohibited from owning firearms. However, if a state fully restores a felon’s civil rights (including gun rights), the federal prohibition may not apply. This issue can be complex, and it is critical to seek legal advice on how federal law interacts with state restoration.

Importance of Legal Representation

Navigating the legal process of restoring gun rights in Florida can be challenging without experienced legal guidance. A criminal defense attorney can assist in preparing a clemency application, gathering supporting evidence, and advocating on your behalf before the clemency board. Having legal counsel is crucial in ensuring that your rights are fully restored and that you avoid any pitfalls in the process.

If you or someone you know is seeking the restoration of gun rights in Florida, contact us today. We are dedicated to providing comprehensive legal representation to help you restore your rights and move forward with your life.

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you've recently found yourself in need of an experienced federal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book "The Ultimate Guide To Fighting Criminal Charges In Florida", a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.

The results are in! The Miami Herald set out to deliver a “best of” program that individuals could vote to support their favorite businesses, restaurants, services and organizations. Over 4,500 different businesses competed for the top three spots in 248 separate categories. Izquierdo Law Firm was selected in the Top 3 of all Criminal Defense firms in Miami.

“We are thrilled to be recognized as one of the Top 3 Best Criminal Defense firms in Miami,” Izquierdo Law Firm founder Danny Izquierdo said. “Our firm is dedicated to our clients and we always strive to give them a top-notch client experience. These votes show us that we are doing for the community what we have set out to do. Help people in their time of need and fight for their future, freedom and family.”

In addition to law firms, schools, restaurants, gyms, doctors, spas and many more organizations were recognized in the "Miami Dade Favorites" magazine. We are humbled by this award and will continue to provide the best counsel to our community.

Penalties of voyeurism

As with most crimes, there are different factors that will determine how steep the punishment will be. Some of these factors include age of the defendant, prior convictions and whether the act was recorded

First offense or defendant 18 and under: For an individual charged with voyeurism for the first time, or if the individual is a minor, the crime is a first-degree misdemeanor. The individual may face up to one year in jail and be fined up to $1,000.

Second offense or defendant 19 and up: For a second conviction of voyeurism, or if the individual is an adult, the crime jumps up to a third-degree felony. The individual may face up to five years in prison and be fined $5,000.

Video voyeurism against a child: This crime against minors is considered a second-degree felony with a Level 6 offense severity ranking. If convicted, the individual may face up to 15 years in prison and be fined up to $10,000. The individual would also be placed on the sex offender registry and would be ineligible to seal their record.

Voyeurism defenses

Because the crime of voyeurism is based on the expectation of privacy, if a person observes a person in a place that they should not have had an expectation of privacy, like a public park or beach, then that could be reason for dismissal.

If a person watches another on a video surveillance system that is not conspicuously placed, that would not be considered voyeurism.

It can also be proven that you did not have lewd or lascivious intent. While you may have accidentally observed an individual in a state of undress, if there was no indecent intent, the charge could be dismissed.

Additional charges

While voyeurism is one crime, the prosecution could add on additional charges, turning one misdemeanor into something far more serious. Often times, stalking, video voyeurism and dissemination of video voyeurism can be tacked on which could lead to very hefty fines and jail time.

Have you been charged with Voyeurism?

If you’ve been charged, you need to speak with an experienced criminal defense attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

• The defendant knowingly sent an image, information or data that they knew to be “harmful to minors.”
• The defendant had knowledge or believed the recipient of the material was under the age of 18.
• The defendant sent the image via email or text.

The crime, Fla.Stat.847.0138, is a third degree felony, which is punishable by up to five years in prison and a $5,000 fine. However, each individual transmission can be charged as separate offenses, so the charges can add up quickly. Some defendants may find themselves facing 20 third degree felony charges. If someone has four or more counts of Transmission of Harmful Material, the individual would face a mandatory prison sentence of 12 months.

What is harmful material?

Harmful material is any content that depicts nudity or sexual content that appeals to a prurient interest that is offensive to prevailing standards in the adult community with respect to what is suitable material or conduct for minors and is without serious artistic, political, or scientific value for minors.

Forms of transmission

The material must be sent by electronic mail. This includes both traditional email as well as text messaging.

Defenses to Transmission of Material Harmful to Minors

Oftentimes, the person that the individual is sending material to is not a minor, but a law enforcement officer pretending to be a minor. This is called entrapment. Entrapment is when a law enforcement officer originally says they are an adult, but later claims to be a minor. The officer will then try to induce the individual to send “harmful material”. For this defense to work, the attorney must prove that the officer initiated or requested the harmful material and that they were persistent. The defendant must also not have engaged in similar behavior prior to the charge. Spam is sent through email all the time. There are cases where someone has been sent an inappropriate image and forwards it over without knowing its contents. If it can be proven that there was no motivation to “knowingly send harmful material to a minor”, then the individual may be able to get the charges dropped.

Have You Been Charged With A Federal Crime?

If you've been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

Drunk driving is a serious offense that can result in severe consequences, both for the driver and any potential victims. However, when a driver is caught driving under the influence without a license, the situation becomes even more complicated.

Driving under the influence of alcohol or drugs is illegal in every state in the US. The consequences can be jail time, fines, license suspension, and the driver may also need to take part in community service.

Will You Face Harsher Penalties for a DUI Without a License?

If the driver has a previous DUI conviction, they can be charged with a felony, which can result in a longer jail sentence and higher fines. Additionally, if the driver causes an accident while drunk driving without a license, they can be sued by the victims, resulting in even higher financial penalties.

Can You Get a Driver’s License After a DUI Without One?

Furthermore, driving without a license can also affect the driver's ability to obtain a license in the future. Depending on the state, the driver may have to wait a certain amount of time before they can apply for a license again. Additionally, the driver may be required to complete a DUI education program or community service before they can obtain a license.

Drunk driving without a license is a serious offense that can result in severe consequences. It is not only illegal but also puts the driver and others at risk. If you are caught driving under the influence without a license, it is crucial to seek legal help immediately to try and minimize the potential consequences.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Are Domestic Violence Cases Always Public?

In the United States, most court proceedings are open to the public, which means that anyone can access them. Domestic violence cases would be accessible as well. However, some states have laws that restrict access to certain court records or redact sensitive information, such as the identity of victims and minors. These laws aim to protect the privacy and safety of individuals involved in domestic violence cases.

What Information Is Included in a Domestic Violence Case Record?

In general, the level of public access to court records depends on the type of court and the nature of the case. For example, criminal courts typically have more public access than family courts, which deal with divorce, custody, and other family-related matters. In domestic violence cases, court records may include police reports, witness statements, medical records, and other evidence that can be used to prosecute the offender.

Can You Seal or Expunge a Domestic Violence Charge in Florida?

Domestic violence cases are generally public record, but the level of access and the privacy protections vary depending on the state and the type of court. In Florida, when someone is arrested for domestic violence, it becomes public record. It is one of the 35 charges in Florida that can’t be sealed or expunged. If you plead guilty or no contest, you will not be able to have the charge expunged from your record. However, if you are found not guilty, the charge may be expunged or sealed. You would also be able to seal your record if you could obtain a dismissal of the charge through a Pre-Trial Diversion Program.

Contacting a lawyer to help you navigate through all of this does not mean you are guilty. A lawyer will help you find the ways that you can move on with your life after the arrest and the charge.

Do You Need A Miami DUI Defense Laywer?

If you have been accused of domestic violence, you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida".  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

What Will I Need To Pay For?

The fees associated with a DUI add up quickly. There is a fine for the DUI conviction, court costs, towing costs, and treatment costs. The car insurance rate will increase. Time off work for court or treatment programs can lead to lost wages. The money spent on transportation once your license has been suspended can be significant.

Financially, a DUI is a huge burden on families. But the inconvenience of not having a vehicle to get to and from work, to assist with the children and their activities, makes a DUI a nightmare to work around.

Can I Lose My Job?

If your occupation requires driving, you can be dismissed from your position immediately. Some licensed professionals may be required to complete a treatment program or risk their license being revoked.

How Will My Family Be Affected?

In addition to all the financial burdens the DUI causes, the emotional damage done can be the hardest. Shame and grief can play a huge role in the demise of a relationship. A conviction can be devastating and can lead to divorce and even losing custody of children.

But there are ways to lessen the effects of the conviction. An experienced DUI defense attorney knows the factors that can help you stay out of jail. At Izquierdo Law Firm, the attorneys have expertise in this field and fully understand the laws regarding DUI in Florida. We know that mistakes happen and want to help you get your life back on track.

If you and your family need help with your DUI, call us now at (305) 707-7345. We know you are ready to get this DUI behind you. You can also fill out this form for a timely response from our experienced DUI defense attorneys.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Daniel Izquierdo speaking at the Heroes and Icons Summit.

We strive to be the people you trust when you are faced with a charge or conviction. Nashville was a great backdrop for the summit. We heard talented singers, we got to walk around the Vanderbilt campus that was covered in autumnal hues, and we got to really delve into our purpose. Our firm stands behind our core values of understanding, transparency and justice. We are in this business to help people. And we always give maximum effort with our cases.

Upon returning to Miami (and thrust into the humidity as soon as exiting the airport), we headed to a sponsored event in Pinecrest. A local BBQ competition where the participants roast a pig and make ribs. The Izquierdo Firm partnered with 305 Barbecue and received first-place honors for their outstanding meat and sauce.

Izquierdo Law Firm and 305 Barbecue.

Up next, the firm is sponsoring a hole at a local golf tournament. So glad to be able to give back to our community.

According to The National Highway Traffic Safety Administration, drowsy driving causes almost 100,000 motor vehicle accidents each year. Of those, 1,500 are fatalities.

Although people who are tired may not consider themselves “impaired”, studies have shown just how similar driving while drowsy is to driving under the influence of alcohol or drugs. Drivers that are sleepy and impaired by substances are less attentive. Their reaction time is considerably slower and they don’t make sound decisions. When it has been 20 hours since you have slept, the hand-eye coordination and reaction time is comparable to someone who is driving at a 0.08% blood alcohol level, which is the legal limit in Florida. 

Who Is Most At Risk of Causing A Drowsy Driving Car Accident?

While an astounding 50% of American drivers have reported that they have consistently driven while fatigued, the drivers that are responsible for about half of drowsy driving accidents are high school and college aged youths. Statistically, these less experienced drivers also sleep less than the average adult. The Centers for Disease Control reports that one third of adults get less than 7 hours of sleep per night, with college students are averaging less than 6 hours per night. In a study by the AAA Foundation for Traffic Safety, sleeping between 6 and 7 hours a night doubled the chances of being involved in a motor vehicle crash. The numbers doubled again for those who slept less than 5 hours a night.

Another group that seems to be affected by drowsy driving is the truck driving industry. There have been regulations put into place by the Federal Motor Carrier Safety Administration to keep both truckers and others on the road safe. To ensure they do not drive drowsy, there are limits on the hours they may work and mandatory breaks per every 8 hours on duty.

But it isn’t just young drivers and commercial truck drivers that are driving while drowsy. People who work long, night shifts are also susceptible to fatigued driving, as are drivers who have sleep disorders. A little more complicated is the scenario where someone takes medication that can cause sleepiness drowsiness. The reason why this last group is particularly important is because someone that is under the effects of medication can be deemed to be driving under the influence (DUI).

Can I Get Arrested For Drowsy Driving In Florida?

While you probably can’t be arrested for driving drowsy per se, putting yourself behind the wheel when not feeling your best can lead to unnecessary criminal investigation and prodding by police.  Remember, most police encounters begin with a traffic stop and if driving drowsy is causing you to swerve and weave, police will likely pull you over.  Once they do they are going to make sure you are ok and there is no medical issue going on. 

In a perfect world they’ll write you a ticket for failure to maintain a lane and that’s it. However, once they observe your driving pattern (even if caused by drowsy driving), their mind almost automatically goes to other reasons (such as DUI!).  Once they go down that road and ask you to perform roadside sobriety exercises to “dispel” their concern, it’s very difficult to convince them you’re simply tired because they’ve already made up their mind that you’re impaired.

While it is difficult to prove drowsiness as there is no “test”, there are ways that evidence can prove that the driver was not alert (especially if there was an accident). For example, if there are no skid marks at the scene of the accident, it may be argued that there was no attempt to brake to avoid the collision. But more likely, the harm lies in the damage that is done when accidents caused by drowsy driving result in a serious injury or death.

If this happens you may encounter criminal charges.  Perhaps you are not deemed to be DUI, but if there is an accident resulting in serious bodily injury or death, you can be charged with reckless driving (a criminal traffic offense (misdemeanor) punishable by up to 90 days in jail) or much more serious felonies such as vehicular manslaughter. 

How Can I Prevent Drowsy Driving Car Accidents?

When feeling tired, there are several things you can do to stay alert. Surprisingly, rolling down the windows is not one of the effective ways. Many people think a rush of cool air or breeze can “wake me up.”  Or blasting the radio can help keep my eyes open. Both of those techniques have proven to be ineffective. Instead, when driving long distances, the best way to stay awake is to make frequent stops. Other proven ways to stay awake at the wheel can be to snack, to travel with a friend and to stop driving after midnight.

But even those are just short-term fixes. To be an alert driver, it is crucial to get at least 7 hours of sleep a night. You should also be aware of the side effects of any medications you may be taking.

How To Determine If You Are Driving While Drowsy?

Frequent yawning and shutting of the eyes are obvious first signs for drivers who need to pull over. If you feel yourself veer out of the lane, run over the rumble strip on the side of the road or find it difficult to drive the speed limit, you must get off the road immediately.

Have You Been Involved In A Miami Area  Car Accident?

Have you been hurt in a car accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Have You Been Charged With A Federal Crime?

If you've been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

What the Feds Are Looking for

As we have discussed in previous blogs, the federal government rushed these relief programs out so quickly that a lot of mistakes were made in processing applications. In response, the DOJ, Small Business Administration (SBA), and other law enforcement agencies have gone after recipients of the loans who they think have engaged in suspicious behavior. In general, these agencies are looking to arrest:

People spending extravagantly after receiving a loan.

Many people have been caught after buying luxury items soon after receiving PPP or EIDL funds.

Organized groups stealing large sums of money.

In other cases, groups of people have launched coordinated efforts to steal identities, set up fake companies, and open offshore accounts to defraud the government.

Recipients who lied on their applications.

Making false statements to a federal agency is a crime. The SBA says they are looking for people who lied about their situation to get loans or unemployment benefits.

Federal law enforcement agencies are casting a wide net to try to identify people who might have committed CARES Act fraud, and when that happens, innocent people get caught up as well.

Have You Been Charged With A Federal Crime?

If you've been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

Exceptions to Stand Your Ground

Unlike other states with a stand your ground or castle doctrine law, Florida’s law does not include a “duty to retreat” provision. This means that you do not have to first try to run or evade attack before you are allowed to take action to protect yourself. Florida’s law also differs from other states in that it applies if you are in your vehicle, business, or any other place you have a legal right to occupy.

Stand your ground does not apply, however, in the following situations:

You are engaged in criminal activity.

If you are in the middle of committing a crime—for example, you are in possession of illegal drugs when an intruder enters your home, and you shoot them—you cannot claim stand your ground.

You shoot a law enforcement officer.

Stand your ground does not allow you to use deadly force against a police officer who is acting in an official capacity.

You are in a place where you are not legally allowed to be.

If you are threatened while trespassing or breaking into a property, you will not be able to claim stand your ground.

Talk to a Stand Your Ground Defense Attorney

Florida’s law puts the burden on the prosecutor to prove that stand your ground does not apply, rather than on the defendant to prove that it does apply. If you think you have a stand your ground defense but you are being charged with assault or homicide, you need an experienced criminal defense attorney who cares about the outcome of your case. When facing criminal charges, choose a law firm trusted and recognized as Miami-Dade Favorites for Criminal Defense 2024. 

Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book, The Ultimate Guide to Fighting Criminal Charges in Florida, a detailed download discussing the myths, rumors, and hearsay often associated with criminal charges.

How Is Prescription Drug Impairment Measured?

When you are suspected of drunk driving, you are given a test to measure your blood alcohol content (BAC). If your BAC is over the legal limit of .08, you will be charged with a DUI. However, there is no legal standard for how much medication has to be in your system when you are operating a vehicle to be charged with a DUI for drugs. If a police officer witnesses erratic driving and discovers that you are taking a prescription that could affect your ability to drive, you could be charged with DUI.

What Kinds of Drugs Can Impair Driving?

There are many over-the-counter and prescription medications that can cause drowsiness, blurred vision, slowed movement, nausea, and an inability to focus. These drug side-effects can impact a driver’s ability to safely operate a vehicle. According to the Federal Drug Administration (FDA), the following types of medications could make it dangerous to drive:

• Opioid pain relievers
• Prescription drugs for anxiety
• Anti-seizure medications
• Antipsychotics and some antidepressants
• Cold medications containing codeine
• Stimulants such a caffeine pills and ephedrine
• Muscle relaxants and sleeping pills

One drug in particular that officers will look for when they pull you over is marijuana. Even if you have a prescription for medical marijuana, you could be charged with a DUI for using any amount of marijuana or Cannabidiol (CBD).

If You Are Charged, You Need a Serious DUI Defense Attorney

It doesn’t matter if you were over the legal limit for alcohol, or you were a little groggy from cold medicine. A DUI conviction appears on your record as just that—a DUI. Not only will you face harsher penalties for the next DUI, but even one DUI conviction can affect your ability to get certain jobs and to pay reasonable car insurance rates.

Request a free download of our book, A Six Pack of Questions That Can Cause a Hangover After a DUI Arrest, and contact Danny Izquierdo for help defending your prescription or over-the-counter drug DUI charge.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

However, the federal prison system does have both compassionate release and home confinement programs that might be attainable for prisoners at high risk of dying from COVID-19. Across the country, approximately 1,200 non-violent offenders have been granted a compassionate release, and 7,500 have been transferred to home confinement since the beginning of the pandemic.

You Can Request Compassionate Release, But It’s Not a Given

Since compassionate release for coronavirus has not been approved by the state prison system, it is only a possibility for federal prisoners in Florida. Working with a federal defense attorney, you can request release or home confinement by following these steps:

Request in writing.

There is no official form for requesting a compassionate release, but you must make the request in writing. The request should state the grounds for the request, such as advanced age, medical conditions, or family circumstances, and should outline a plan for where the prisoner will live and how they will be cared for.

Review by warden and team.

The warden is required to “promptly” review the request, but is not required to complete his review in a certain amount of time. The request will be reviewed by medical staff, and the proposed residence will be visited by probation officers.

Review by General Counsel.

If the warden approves the request, it is passed on to the General Counsel’s office at the Bureau of Prisons (BOP), who will consult with the U.S. Attorney in the district where the prisoner was convicted, among others.

Review by Bureau of Prisons Director.

If the General Counsel’s office approves, the request is reviewed by the BOP Director. If the Director approves, the request moves on to the court system.

Court ruling.

Ultimately, compassionate release is approved by a federal judge, who will decide if the release fulfills the purposes of the prisoner’s original punishment. The court will also rule on the duration of home confinement and set other release conditions.

As you can see, this can be a complicated and lengthy process. If the purpose is to protect a loved one from contracting the coronavirus, a decision may not arrive in time.

Your Odds Are Greater With the Help of a Federal Defense Attorney

Your likelihood of success is based on the power of your initial request. An experienced defense attorney can draft a convincing request that contains all the evidence necessary to make a strong argument for release. Even then, success is not guaranteed. If you would like to discuss the possibility of compassionate release from federal prison, reach out to my office in Miami. I would be happy to review your loved one’s situation and tell you if I can help.

Have You Been Charged With A Federal Crime?

If you've been charged with a federal crime you need to speak with an experienced federal crime attorney as soon as possible. Contact me online or call me at my Miami office directly at 305.707.7345.

Unlike Toilet Paper, DUIs Have Not Been in Short Supply During COVID-19

Even while dine-in restaurant service was limited and bars, nightclubs, and strip clubs were closed, DUI arrests continued to happen across Florida. In fact, police and prosecutors reported way back in April—only a month into the pandemic—that drunk driving arrests were on the rise. Some of the reasons they cited include:

Drinking solo.

With restrictions on socializing, more people have been drinking alone, or with just one or two friends, and are not designating a sober driver. Concern about sharing a car with an Uber or taxi driver because of the virus has also led more people to drive themselves when they shouldn’t.

Fewer cars on the road.

Especially in the early days of the pandemic, when more people were staying home, there were very few cars on the road, so police were able to easily target drivers who appeared to be impaired.

Heavier drinking.

The stress of the pandemic, including job losses, food insecurity, evictions, and illness, have driven some people to drink more heavily than they did before. These people may be less aware of their limits and more likely to drive when they shouldn’t.

If the police were arresting people for DUI during the tough early days of the pandemic, you can be sure they are continuing to do so now. With colleges back in session and bars and nightclubs open again, drivers are at high risk of being pulled people over on suspicion of DUI. Police must follow strict procedures when making a DUI traffic stop and, if they don’t, the arrest could be overturned.

Don’t Let a DUI Tarnish Your Record

While it might seem like there are worse things going on in the world right now than your DUI arrest, it’s important to realize that when things get back to normal, you will still have the conviction on your record. Florida criminal courts are up and running, and the charges against you will not be dropped because of COVID. Contact my Miami office to discuss your options—or options for your college-age child—when you are facing a DUI.

Do You Need A Miami DUI Defense Laywer?

Contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book A Six Pack of Questions That Can Cause a Hangover After a DUI Arrest. This free download provides valuable information and answers to questions about DUI charges to give you the best chance at winning your case.