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Miami Criminal Law Blog

What Happens to A Sentence When A Witness Commits Perjury

Often times, the outcome of a criminal trial is based heavily on the testimony of the witnesses. This means that when false statements are made during your trial, it may lead to the wrongful incrimination; resulting in being convicted of a crime you did not commit. Since everyone is entitled to a fair trial, witness perjury can lead to an appeal on a conviction.

That's what might be happening for one Miami man after he was granted a new trial when doubt was cast on the state's key eyewitness and the significance of DNA found on a cap found at the crime scene.

Why Being Part of a Ponzi Scheme Isn't Worth Losing It All

There's plenty of white collar crime in this world and Ponzi schemes are a large part of them. The Ponzi scheme originated with Charles Ponzi in 1919 who cheated the Postal Service via prepaid stamps.

What Is a Ponzi Scheme?

A Ponzi scheme is a crime of fraud that involves an investment scam promising its investors high rates of return and little risk. The scheme part comes into play as the return for older investors is the money that comes from the newer investors. More often than not, there is no actual money being made on legitimate investments. Ponzi schemes rely on a constant flow of new investments to continue to provide returns to older investors. When this flow runs out, the scheme falls apart.

How Forging Documents Can Be More Dangerous Than You Think

Recently politician Melissa Howard was forced to drop out of the race for a seat in the Florida House after it was discovered that she had forged her diploma from Miami University.

She got off lightly with 90 days probation and 25 hours of community service to be performed in two months. Howard will also pay the Clerk of Court $55 per month toward the cost of her supervision and an additional $50 for court processing fees. While losing her potential seat in the House may be the harshest part of the punishment, often times, forging or falsifying documents can lead to more serious consequences.

How to Expunge or Seal Your Criminal Record in Florida

In the state of Florida, many times it's possible for criminal history records to be sealed or expunged. Once a record is sealed or expunged, it no longer needs to be disclosed under most circumstances.

What It Means To Seal or Expunge a Criminal Record

In Florida, having a record expunged and record sealing are two different processes with two very different meanings. However, once a record is sealed or expunged, you may legally deny or fail to acknowledge your prior record in certain cases like when potential employers or loan officers conduct background checks as stated in Florida Statutes §§ 943.0585, 943.059 (2018).

Miami-Dade Police Officer Brought Up On Charges for Stealing Thousands in Federal Funds as a College Student

A 28-year-old Miami Dade police officer is being brought up on charges for being part of a ring of students who stole more than a half a million dollars from the IRS by filing phony income tax returns. While a student at Miami-Dade College (MDC) in 2013, Ebony Nesbitt, was allegedly part of a group of students who used the names and Social Security numbers of over 600 taxpayers to receive thousands of dollars into their Higher One college bank accounts that were used for receiving financial aid and tuition-paying purposes.

Is Making a Threat on Social a Crime?

In the age of social media, we all should be cautious about what we are posting online. Not only can an inappropriate post get you in trouble with friends, family, or your partner, but certain types of posts on social media may even get you in trouble with law enforcement.

Is Miami a Gateway for Credit Card Fraud?

A South Florida couple was arrested 200 miles from the Canadian border in Maine earlier this year, accused of a particular type of fraud that has affected many people in Miami and the South Florida area. While on vacation, the couple had enjoyed themselves by spending money on meals and shopping sprees to stores like Best Buy, Sears, and Walgreens. The only problem was that they were spending money that didn't belong to them. This South Florida couple was using stolen credit and debit cards that were cloned elsewhere in June 2016.

6 Ways You Can be Arrested at a Tailgate

Football season is just around the corner, and that means that fans from all over the country will be filling stadiums and stadium parking lots every Saturday and Sunday (and some Thursdays and Mondays) all Fall. There will be lots of cheering, grilling, and beer drinking along with the other traditions of the gridiron. But with all that school spirit comes a lot of emotion and sometimes bad decisions. When you hit the tailgate parties this fall, make sure you use good sense and don't wind up getting arrested for one of these six offenses.

State Department May Revoke Passport if Taxes Not Paid

If you owe money to the IRS and enjoy using your passport to travel outside of the U.S., you should pay close attention to this information.

The IRS is issuing notices to individuals who are seriously delinquent with their taxes urging them to pay up or they will be reported to the State Department. The State Department then has the authority to deny a passport application, refuse to renew or revoke a passport entirely.

This is all due to the Fixing America's Surface Transportation (FAST) Act, which was signed into law in December of 2015. The FAST Act requires the IRS to notify the State Department of taxpayers that the IRS has deemed as owing a delinquent tax debt. FAST Act then requires the State Department to deny that individual his or her passport.

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