Posting online threats is a Felony

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People Make Mistakes. 

Sometimes, those mistakes result in a criminal charge. In Florida, many first time offenders can lessen their “mistake” by participating in a pretrial diversion or pretrial intervention program. “Pretrial Diversion” is for misdemeanor charges while “Pretrial Intervention” is for some 3^rd degree, non-violent felonies. Participation in one of these program requires the agreement of all those involved including the prosecutor and the victim, if any. That is why, with most pretrial diversion programs, it’s generally best for you to hire an attorney to negotiate with the prosecutor and ensure your acceptance into the program.

Misdemeanor diversion programs are usually 3 to 6 months long. Felony intervention programs are at least one year long. Once accepted into a program, you will be required to complete certain tasks geared towards your offense. For example, in theft cases, you will be asked to complete an anti theft course; drug offenses will require counseling and random drug tests. You may also be asked to complete community service hours.

If you successfully complete a diversion or intervention program, your charges will be dismissed. A dismissal avoids a conviction and may allow you to seal or expunge the charge from your criminal record. But remember, the sealing or expunging of your record is a separate process. 

Each case is different. A good attorney can explain to the prosecutor of the particular facts of your case that warrant your entry into a diversion or intervention program. Some of the benefits of a diversion or intervention program include: avoiding the stress and cost of a criminal trial; avoiding a criminal conviction; having the charge sealed or expunged from your record, if you otherwise qualify.

If you are facing charges in Broward, Miami-Dade, or Palm Beach county that you think might qualify for diversion or intervention, Contact Fort Lauderdale Criminal AttorneyFORT LAUDERDALE CRIMINAL LAWYER Gary Cole at 954-462-4600. In almost all cases we can help you.

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Fort Lauderdale Criminal Lawyer

DON'T FINGER POINT IN MIAMI-DADE

Want to point a finger gun at a police officer? Don’t do it in Miami Dade. Three judges ruled that Florida Statute 836.12 is constitutional. The law states that “Any person who threatens a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, or an elected official, or a family member of such persons, with death or serious bodily harm commits a misdemeanor of the first degree” If you do it again, it becomes a 3rd degree felony. The case in Miami involved a man pointing a finger gun at the officer and stating, “I got you now.” The officer had “run-ins” with the man in the past and stated she felt threatened.

Contact Fort Lauderdale Criminal Attorney Gary Cole at 954-462-4600 if you or someone you know has been arrested for threatening a police officer. 

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Fort Lauderdale Criminal Lawyer

Leaving a Crash can result in Felony charges

Leaving the scent of crash involving an injury or death has become so common that in Broward county there is a special division in the State Attorney’s office just for these cases. Florida law (Section 316.027) makes it a third degree felony, punishable by up to five years in prison, to leave the scene of a crash where there is an injury. It becomes a second degree felony, punishable by up to fifteen years in prison, if the crash involves “serious bodily injury” defined as “a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.” If the crash results in a death and the driver leaves, it becomes a first degree felony punishable by up to 30 years in prison with a mandatory minimum sentence of four years in prison. A driver involved in any of these scenarios will also receive a minimum driver license suspension of three years.

Contact Fort Lauderdale Criminal Lawyer Gary Cole at 954-462-4600 if you or someone you know has been arrested or involved in a traffic accident where an injury or death occurred.

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Fort Lauderdale Criminal Defense Attorney