The Law Office of Corey I. CohenThe Law Office of Corey I. Cohen2024-03-13T04:09:05Zhttps://www.coreycohen.com/feed/atom/WordPress/wp-content/uploads/sites/1604082/2023/01/cropped-site-identity-32x32.pngOn Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514252024-03-05T17:05:00Z2024-03-07T17:04:53ZNo intent
Individuals may be able to defend against shoplifting charges by showing they had no intent to steal. For example, if a person accidentally walked out of a store with an item in his or her hand and forgot to pay, there may be no provable intent to steal. Intent is a key element of the crime the prosecutor must prove to win in court.
Question evidence
Another defense strategy is to challenge the prosecutor's evidence. This can include questioning the reliability of witness testimony or surveillance footage. It may involve arguing that the store's security measures were inadequate. By raising doubts about the evidence, a person may be able to create reasonable doubt in the minds of the jury or judge.
Plea bargain
While it is not a defense option, it may also be possible to negotiate a plea bargain with the prosecution to plead to a lesser offense. In exchange, the prosecutor may offer a lighter sentence. However, plea bargains are not always available and still require pleading to a criminal charge.
Anyone facing accusations of shoplifting should remain calm and cooperate with store personnel and law enforcement. Resisting or attempting to flee can result in additional charges. Instead, individuals should focus on putting together a proper defense strategy for when they go to court.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514242024-02-27T19:44:17Z2024-02-29T19:42:51ZFirst-time offense
For a first-time DUI offense, the penalties typically include fines, license suspension, probation and mandatory participation in DUI education or treatment programs. Jail time is not mandatory for a first offense. However, the court may still impose such a penalty, especially if aggravating factors exist.
Aggravating factors
In cases involving aggravating factors, the likelihood of serving time increases significantly. Aggravating factors might include multiple DUI convictions, a high blood alcohol content level or injury or property damage. Repeat offenders face harsher penalties, including longer jail sentences, as the court aims to deter future drunk driving incidents and protect public safety. Also, if a DUI results in serious bodily injury or death, the offender may face felony DUI charges. Felony charges carry more severe penalties, including lengthy prison sentences.
Refusal to submit to testing
Another circumstance that may result in mandatory jail time is refusing to submit to a breath or chemical test. Florida has an implied consent law. This means drivers implicitly agree to submit to BAC testing when operating a motor vehicle. Refusing to comply with this law can lead to an automatic license suspension. It can also lead to other penalties, including jail time.
By understanding the potential penalties and taking proactive steps to address their situation, individuals can work toward mitigating the impact of a DUI arrest and moving forward with their lives.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514232024-02-21T15:14:38Z2024-02-22T15:14:31ZThe scope of domestic violence law
In Florida, domestic violence does not always mean acts committed within the home. The state's laws define domestic violence as assault, aggravated stalking, kidnapping and other actions resulting in physical injury or death of one family or household member by another.
When an alleged incident occurs outside the home, several factors come into play to determine whether it falls under the purview of domestic violence law in Florida. These factors include the relationship between the parties, the location of the incident and the nature of the offense.
Relationship between the parties
In Florida, domestic violence laws apply to individuals who are family or household members, including spouses and former spouses. The laws also include individuals related by blood or marriage, individuals who currently or previously resided together and those who share a child.
Location of the incident
While domestic violence often occurs within the home, incidents outside the household can also lead to charges. Florida's domestic violence statutes do not specify that the offense must occur within the home. Instead, the focus is on the relationship between the parties and the nature of the alleged offense, regardless of where it takes place.
Nature of the offense
The nature of the offense plays a major role in determining whether charges will fall under a domestic violence category. If the actions meet the criteria in Florida's domestic violence laws and involve individuals who qualify as family or household members, charges can occur. This is true no matter where the incident took place.
Individuals should understand the complexities of domestic violence law to better assess potential liabilities in cases involving alleged incidents outside the home.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514212024-02-17T22:50:14Z2024-02-17T22:50:14ZCriminal traffic violations
Criminal traffic violations refer to offenses that are more severe. They typically imply harsher punishments and penalties. Examples of criminal traffic violations include street racing, hit-and-runs, driving under the influence and reckless driving.
Individuals charged with criminal traffic violations may face serious consequences. These can include hefty fines, license suspension, community service and even imprisonment in severe cases. Criminal traffic offenses also tend to leave a permanent mark on one's criminal record. This leads to long-lasting implications on employment opportunities and personal reputation.
Civil traffic violations
On the other hand, civil traffic violations are generally less severe infractions. Examples of civil traffic violations include speeding tickets, running red lights and improper lane changes.
Civil traffic violations typically require the payment of fines or participation in defensive driving courses. These penalties are generally less severe compared to the consequences associated with criminal traffic violations.
Unlike criminal traffic violations, civil infractions do not typically result in jail time. However, repeated civil traffic violations can lead to escalating penalties, such as increased fines or the suspension of driving privileges.
According to the Florida Department of Highway Safety and Motor Vehicles, there were a total of 322,019 criminal moving violations in the state in 2022. For the numerous motorists who face traffic violation charges each year, it is important to know what sets criminal traffic violations apart from milder civil traffic violations.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514152024-02-07T19:22:20Z2024-02-12T19:20:50ZPreserving your rights
When you find yourself in a situation where authorities ask you questions, remember that they can use anything you say against you. By choosing to remain silent, you safeguard your Fifth Amendment rights and prevent unintentional self-incrimination. This decision allows you to maintain control over the information you disclose.
Avoiding miscommunication
In the heat of the moment, emotions can run high, and the risk of saying something inaccurate or misinterpreted increases. Opting for silence gives you the time to gather your thoughts and respond in a measured manner. This can be particularly beneficial in stressful situations because remaining silent prevents misunderstandings.
Protecting privacy
Choosing to remain silent shields your private affairs from unnecessary exposure. Whether you deal with law enforcement or other authorities, keeping certain details to yourself is a right that empowers you to maintain a level of privacy that everyone deserves.
Preventing unintended consequences
Speaking without careful consideration can have unintended consequences. By staying silent, you do not give others information that they can use against you in ways you do not anticipate. It is a proactive measure to protect yourself from the potential legal ramifications or misunderstandings that may arise from hasty statements.
Understanding your right to remain silent is one thing; utilizing it responsibly is another. It is not an evasion tactic but a strategic decision to protect yourself in the face of questioning. By making this choice, you demonstrate a commitment to navigating legal situations with prudence and respect for your rights.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514162024-02-07T19:27:58Z2024-02-08T19:26:13ZRecognizing the challenges faced by older inmates
Older adults in prison often face a range of physical, mental and health challenges. Many suffer from chronic medical conditions such as heart disease, diabetes and arthritis. Many such conditions require specialized care and treatment. Additionally, older inmates may experience cognitive decline or dementia. This can further complicate their ability to navigate the complexities of prison life.
The Miami New Times notes that, in 1999, adults over 55 represented just 4% of Florida’s incarcerated population. By 2015, adults over 55 represented 17% of this demographic. Despite the growing population of older adults behind bars, many correctional facilities are unable to meet their needs. Limited access to health care, mental health services and rehabilitative programs can exacerbate existing health issues. It can also increase the risk of recidivism. The aging infrastructure of many prisons may also not be suitable for people with mobility impairments or other age-related disabilities.
Addressing the issue
Addressing the increasing number of older adults behind bars in Florida requires a multifaceted approach. This includes implementing policies and programs prioritizing health care and support services for older inmates, such as geriatric care units. Exploring alternative sentencing options for nonviolent older offenders can also help reduce overcrowding in prisons.
The rising number of older adults behind bars in Florida underscores the need for comprehensive reforms within the criminal justice system. By recognizing the unique needs of older inmates, policymakers can create a more just and humane system for everyone, regardless of age.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514112024-01-31T20:36:26Z2024-01-31T20:36:26ZThe mechanics of DUI breath tests
DUI breath tests measure the concentration of alcohol in a person's breath to estimate their blood alcohol concentration. This measurement assists in determining whether a driver is legally intoxicated. However, these tests are not infallible and can produce inaccurate results under certain conditions.
Factors affecting accuracy
Several factors can influence the accuracy of DUI breath tests. For instance, residual alcohol in the mouth, certain medical conditions and even environmental factors, such as temperature, can impact the results. The calibration and maintenance of breath-testing devices play a significant role in their accuracy. Without proper calibration, these devices may produce misleading readings. Recently, approximately 27,000 people convicted of a DUI in Massachusetts received the opportunity to withdraw a plea or go to trial again due to improper calibration over eight years.
Consequences of inaccuracy
For individuals subjected to DUI breath tests, inaccurate results can have dire consequences. A false positive could lead to unwarranted legal repercussions, including fines, license suspension and even imprisonment. Moreover, the social stigma associated with a DUI charge can affect personal and professional relationships, leading to significant hardship.
DUI breath tests are an important aspect of law enforcement's efforts to ensure road safety. However, their accuracy is not absolute, and individuals subjected to these tests must be aware of their rights and potential consequences.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=514092024-01-25T19:05:04Z2024-01-25T19:05:04ZThe impact of overcharging on the legal process
When overcharging takes place, it sets off a chain reaction within the legal system. The accused, now faced with exaggerated charges, may feel pressured to accept plea deals even if they are innocent. This rush to resolve the case quickly can compromise the pursuit of truth and justice.
Unchecked power and prosecutorial discretion
Prosecutors hold significant power in deciding which charges to pursue. When prosecutors abuse this power through overcharging, it can distort the entire legal process. The discretion afforded to prosecutors should serve justice, but when wielded carelessly, it becomes a tool that can lead to the conviction of innocent individuals.
Public perception and the presumption of guilt
When a person receives excess charges, the public perception sways, creating an environment where the presumption of guilt may prevail. Media coverage often emphasizes the severity of charges, potentially tarnishing the reputation of the accused. This public bias can further complicate the pursuit of justice by influencing the jury's perception.
Wrongful convictions can ruin the lives of people who are innocent of the charges placed against them. A recent example in Florida saw a wrongful conviction overturned only after an innocent man spent 44 years in prison. The fact that overcharging can contribute to instances of such injustice is something for individuals to be aware of when building a legal defense.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=513932024-01-11T16:16:23Z2024-01-11T16:16:23ZTypes of disorderly conduct
Engaging in physical altercations, fights or brawls in public places can lead to disorderly conduct charges. Violent behavior poses a threat to public safety and disrupts the order of the community.
Any behavior that ruins the peace and tranquility of a public space may also result in disorderly conduct charges. This includes loud and disruptive activities that disturb others, creating a public nuisance. Examples include playing loud music, shouting and other forms of excessive and unreasonable noise.
The state prohibits offensive language or inappropriate gestures in a public setting. The court considers these actions a breach of public order that can lead to legal consequences.
Causing disturbances or endangering others while publicly intoxicated may lead to disorderly conduct charges. You could receive this charge for behaviors such as stumbling, starting fights with others or being unable to control your actions.
Penalties for disorderly conduct in Florida
Florida imposes penalties for disorderly conduct to deter disruptive behaviors that compromise public safety. You may receive fines depending on the severity of the offense and history of past criminal convictions.
The court may impose probation as part of the penalty for disorderly conduct. During probation, you must adhere to specific conditions set by the court. You will have regular meetings with a probation officer and you must avoid any further arrests.
Courts can also order community service as part of your sentence. This penalty aims to encourage positive contributions to the community and promote responsible behavior.
In more serious cases, disorderly conduct can result in jail time. The duration of imprisonment depends on the circumstances of the offense and any previous convictions.
Nearly 226,000 people across the U.S. received disorderly conduct convictions in 2020. Knowing the legal consequences can help you plan your next steps after this type of arrest.]]>On Behalf of The Law Office of Corey I. Cohen & Associateshttps://www.coreycohen.com/?p=513922024-01-04T18:25:46Z2024-01-04T18:25:46ZNo requirement to cohabit
Florida has an average of 2.53 people per household. Even if individuals do not live together, they can still face charges if the relationship falls within the defined categories of family or household members. This recognizes that domestic violence extends beyond the confines of shared living spaces.
Restraining orders and protection
People can obtain injunctions regardless of whether the parties reside together or not. The court evaluates the nature of the relationship and the potential harm to determine if it should issue an injunction.
Impact on custody and visitation
In cases involving parents, domestic violence allegations can significantly impact child custody and visitation arrangements. Courts in Florida prioritize the best interests of the child. Domestic violence issues may influence the court's decision in custody matters.
Being charged with domestic violence can lead to serious consequences, including fines, probation and even incarceration. The severity of the charges depends on the specific alleged circumstances of the case, such as the extent of injuries, use of weapons or prior offenses. Regardless, living together is not a prerequisite for facing domestic violence charges in Florida. The state's laws emphasize the broader impact of domestic violence beyond mere cohabitation.]]>