Family | Roy Kahn Law https://roykahnlaw.com Miami Criminal Defense Attorney Mon, 26 Aug 2024 16:03:40 +0000 en-US hourly 1 What to Do If You’ve Been Accused of a Sex Crime in Florida https://roykahnlaw.com/what-to-do-if-youve-been-accused-of-a-sex-crime-in-florida/ Mon, 03 Jun 2024 11:50:51 +0000 https://roykahnlaw.com/?p=1462 Being accused of a sex crime in Florida is a serious and life-altering event. The consequences can be severe, and it’s crucial to know how to protect yourself legally and personally. Here are essential steps to take if you find yourself in this situation.

Remain Calm and Avoid Confrontation

The first thing to do is to remain calm. Avoid any confrontation with the accuser and do not try to explain or justify your actions. Anything you say can be used against you in court, so it is best to stay silent and avoid any interactions that could escalate the situation.

Exercise Your Right to Remain Silent

You have the right to remain silent under the Fifth Amendment. Do not speak to law enforcement officers or anyone else about the accusations without legal representation. Politely inform the officers that you wish to exercise this right and that you will not answer any questions without an attorney present.

Seek Legal Representation Immediately

One of the most critical steps is to seek legal representation immediately. Contact an experienced criminal defense attorney who specializes in sex crime cases. They will guide you through the legal process, help you understand your rights, and develop a defense strategy tailored to your case. Florida Statute §794.011 outlines the legal parameters for sex crimes, and an experienced attorney will be well-versed in these laws.

Avoid Discussing the Case

Do not discuss the case with friends, family, or on social media. Anything you say can be used as evidence against you. Maintain confidentiality and only discuss the details of your case with your attorney.

Gather and Preserve Evidence

Start gathering any evidence that could support your defense. This may include:

  • Text Messages and Emails: Save any communications that may be relevant to your case.
  • Witnesses: Identify any potential witnesses who can testify on your behalf.
  • Documentation: Collect any documents or records that could help establish your innocence or provide context to the allegations.

Understand the Charges Against You

Educate yourself about the specific charges you are facing. Sex crimes in Florida can include a wide range of offenses, from sexual battery to lewd or lascivious conduct. Each charge carries different penalties, and understanding the details of the accusations will help you and your attorney build a strong defense.

As the famous jurist Learned Hand once said, “The spirit of liberty is the spirit which is not too sure that it is right.” This quote highlights the importance of a fair and just legal process, where every individual is presumed innocent until proven guilty.

Consider a case where an individual was wrongfully accused of a sex crime due to a misunderstanding. By exercising their right to remain silent and promptly securing legal representation, they were able to gather evidence, including exculpatory text messages and witness statements, which ultimately led to the charges being dropped. This example underscores the importance of taking the right steps immediately when faced with such serious accusations.

The key takeaway is that being accused of a sex crime in Florida requires immediate and careful action. By remaining calm, seeking legal representation, and gathering evidence, you can protect your rights and build a strong defense.

If you have been accused of a sex crime in Florida, it is crucial to act quickly and seek experienced legal representation. Contact Roy Kahn, P.A., at 305-358-7400 or email rjk@roykahnpa.com for expert legal advice and defense. With over 35 years of experience, our team is committed to defending your rights and ensuring a fair legal process.

This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
]]> What Are Your Rights When You’ve Been Arrested in Florida? https://roykahnlaw.com/what-are-your-rights-when-youve-been-arrested-in-florida/ Wed, 03 Jan 2024 11:45:16 +0000 https://roykahnlaw.com/?p=1456 Being arrested can be a daunting experience, but understanding your rights can help you navigate the process with more confidence. Knowing what to expect and how to protect yourself is crucial when facing legal challenges in Florida.

The Right to Remain Silent

One of the most important rights you have is the right to remain silent. Under the Fifth Amendment, you are not required to answer any questions from law enforcement officers. It is advisable to politely inform the officers that you choose to exercise this right. Anything you say can be used against you in court, so it is best to wait until you have legal representation before making any statements.

The Right to an Attorney

You also have the right to an attorney. If you cannot afford one, the court will appoint a public defender to represent you. It is essential to request an attorney immediately upon arrest. Having legal representation ensures that your rights are protected throughout the legal process. In Florida, you can refer to Florida Statute §27.51, which details the appointment of public defenders for those who cannot afford private counsel.

The Right to Know the Charges Against You

You have the right to be informed of the charges against you. This includes receiving a formal statement of the charges and understanding the nature and cause of the accusations. This information is typically provided during the arraignment, where the charges are read, and you are asked to enter a plea.

The Right to a Fair and Speedy Trial

The Sixth Amendment guarantees your right to a fair and speedy trial. This means that you should be brought to trial without unnecessary delays. In Florida, the Speedy Trial Rule (Florida Rule of Criminal Procedure 3.191) specifies the time limits for bringing a defendant to trial, which is 90 days for a misdemeanor and 175 days for a felony, starting from the date of arrest.

The Right to Reasonable Bail

In most cases, you have the right to reasonable bail. Bail allows you to be released from custody while awaiting trial, provided you meet certain conditions set by the court. The Eighth Amendment protects against excessive bail, ensuring it is set at a reasonable amount considering the severity of the charges and the defendant’s flight risk.

As Benjamin Franklin once said, “Justice will not be served until those who are unaffected are as outraged as those who are.” This quote underscores the importance of understanding and advocating for one’s rights.

Consider a case where an individual was wrongfully arrested and charged with a crime they did not commit. By exercising their right to remain silent and promptly requesting an attorney, they avoided self-incrimination. Their attorney was able to gather evidence, demonstrate their innocence, and ensure a fair trial. This case highlights the critical role of knowing and exercising your rights during an arrest.

The key takeaway is that being aware of your rights when arrested in Florida is essential for protecting yourself and ensuring a fair legal process. Knowing your right to remain silent, the right to an attorney, and the right to a fair and speedy trial can significantly impact the outcome of your case.

If you or someone you know has been arrested in Florida, it is crucial to understand and exercise your rights. Contact Roy Kahn, P.A., at 305-358-7400 or email rjk@roykahnpa.com for experienced legal representation. Our team, with over 35 years of experience, is committed to protecting your rights and providing the defense you deserve.

This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
]]> Understanding the Difference Between a Misdemeanor and a Felony in Florida https://roykahnlaw.com/understanding-the-difference-between-a-misdemeanor-and-a-felony-in-florida/ Sat, 04 Mar 2023 12:22:00 +0000 https://roykahnlaw.com/?p=1383
 
If you’ve been charged with a crime in Florida, it’s important to understand the difference between a misdemeanor and a felony. Misdemeanors and felonies are two different categories of criminal offenses, each with its own set of consequences. As a criminal law attorney in Miami, Florida, I have helped many clients understand the charges they are facing and navigate the criminal justice system. Here’s what you need to know about misdemeanors and felonies in Florida.

Misdemeanors

Misdemeanors are less serious offenses than felonies, and they are typically punishable by a fine and/or a term of imprisonment of up to one year. Some common examples of misdemeanors in Florida include:

  • Disorderly conduct (Fla. Stat. § 877.03)
  • Simple assault (Fla. Stat. § 784.011)
  • Petit theft (Fla. Stat. § 812.014)
  • DUI (Fla. Stat. § 316.193)

In Florida, misdemeanors are classified as either first-degree or second-degree misdemeanors. First-degree misdemeanors are more serious than second-degree misdemeanors and carry a maximum penalty of one year in jail and/or a $1,000 fine. Second-degree misdemeanors carry a maximum penalty of 60 days in jail and/or a $500 fine.

Felonies

Felonies are more serious offenses than misdemeanors and are punishable by a term of imprisonment of more than one year. Some common examples of felonies in Florida include:

  • Grand theft (Fla. Stat. § 812.014)
  • Burglary (Fla. Stat. § 810.02)
  • Drug trafficking (Fla. Stat. § 893.135)
  • Murder (Fla. Stat. § 782.04)

In Florida, felonies are classified as either capital, life, first-degree, second-degree, or third-degree felonies. Capital felonies are the most serious and are punishable by the death penalty or life imprisonment without the possibility of parole. Life felonies are punishable by life imprisonment with a mandatory minimum term of 25 years. First-degree felonies are punishable by up to 30 years in prison and/or a $10,000 fine. Second-degree felonies are punishable by up to 15 years in prison and/or a $10,000 fine. Third-degree felonies are punishable by up to five years in prison and/or a $5,000 fine.

Florida Statute 775.082 provides the sentencing guidelines for felonies in Florida, including the maximum and minimum penalties for each category of felony. It’s important to consult with a criminal law attorney who is familiar with Florida law if you have been charged with a misdemeanor or felony in Miami.

In conclusion, understanding the difference between a misdemeanor and a felony is important if you have been charged with a crime in Florida. Misdemeanors are less serious offenses than felonies and carry a maximum penalty of one year in jail, while felonies are more serious offenses and carry a term of imprisonment of more than one year. A criminal law attorney can help you understand the charges you are facing and build a strong defense against the charges.

This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
]]> What to Do If You’ve Been Arrested in Miami: A Guide from a Criminal Law Attorney https://roykahnlaw.com/what-to-do-if-youve-been-arrested-in-miami-a-guide-from-a-criminal-law-attorney/ Thu, 02 Feb 2023 12:21:00 +0000 https://roykahnlaw.com/?p=1380
 
If you’ve been arrested in Miami, it’s important to understand your rights and take the necessary steps to protect them. As a criminal law attorney in Miami, Florida, I’ve helped many clients navigate the criminal justice system and successfully defend against criminal charges. Here’s what you need to know if you’ve been arrested in Miami.

  1. Exercise Your Right to Remain Silent

The first thing you should do if you’ve been arrested is to exercise your right to remain silent. This means that you do not have to answer any questions the police ask you, and you should not provide any information that could incriminate you. You should also avoid making any statements or admissions, as these can be used against you in court.

  1. Request an Attorney

You have the right to an attorney, and you should request one as soon as possible after your arrest. If you cannot afford an attorney, one will be appointed for you. It’s important to remember that anything you say to the police without an attorney present can be used against you, so it’s best to wait until you have legal representation before speaking to the police.

  1. Understand Your Charges

You have the right to know what charges you are facing, and it’s important to understand the specific elements of each charge. For example, if you are facing a drug possession charge, your attorney can explain the specific type of drug you are accused of possessing, the amount of the drug, and the penalties associated with the charge.

  1. Gather Evidence

Your attorney can help you gather evidence to support your defense, such as witness statements, video footage, or other documentation. It’s important to preserve any evidence that may be relevant to your case, as it could be used to strengthen your defense.

  1. Attend All Court Appearances

It’s important to attend all court appearances, including arraignments, hearings, and trials. If you fail to appear in court, a warrant may be issued for your arrest, and you could face additional charges. Your attorney can help you understand what to expect at each court appearance and prepare you for any questions or arguments you may face.

Florida Statute 901.02 sets out the requirements for arrest in Florida, including the circumstances under which an arrest can be made, the procedures for conducting an arrest, and the rights of the person being arrested. It’s important to consult with a criminal law attorney who is familiar with Florida law if you have been arrested in Miami.

In conclusion, if you’ve been arrested in Miami, it’s important to exercise your right to remain silent, request an attorney, understand your charges, gather evidence, and attend all court appearances. A criminal law attorney can help you navigate the criminal justice system, protect your rights, and build a strong defense against the charges you are facing.

This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
]]> You didn’t pay child support. Will I go to jail? https://roykahnlaw.com/you-didnt-pay-child-support-will-i-go-to-jail/ Thu, 01 Dec 2022 19:26:30 +0000 https://roykahnlaw.com/?p=1364 When you owe child support but haven’t paid it, you could potentially face some serious charges. Child support laws are different in every state as are the formulas used to calculate what is owed. Legal experts have some tips about child support, how the system works and how to avoid jail time.

Defining Child Support In Florida

Child support is money paid by one parent to the other parent (custodial) for the purpose of providing financial support to a child or children. These are court-ordered funds.

The system was established in 1975 by then-President Gerald Ford and has come a long way.

In Florida, child support is designed to cover the needs of raising a minor child that a parent must meet on a regular basis. Some of these would include food, shelter and clothing. The payments also cover education, sports, activities and travel, etc.

Penalties For Skipping Payments

Here in Miami, if you have not made a child support payment by the due date, and it remains unpaid for 15 days, the Clerk’s Office can send a Notice of Delinquency. If the delinquency plus fees are not paid within 20 days, a judgment is entered against you. The judgment becomes a lien against any real property owned by you.

An Income Deduction Order can be placed against you. This court order requires an employer to deduct a specified amount from the obligated parent’s payroll.

You may also find that your right to get behind the wheel has been taken away. The custodial parent can request that the Clerk of the Court suspend the non-custodial parent’s Florida Driver’s License when child support payments become delinquent.

You’ll have a number of chances to correct the issue and make up the payments you owe before jail time enters the picture.

Landing Behind Bars Can Happen

The potential for jail can occur when you fail to pay child support. You could be found in contempt of court if all of the above avenues have been exhausted and you have still neglected to meet this obligation.

If you have been able to pay but refused to do so, you could find yourself behind bars. The judge can sentence you for refusing to pay child support and incarcerate you for up to five months and 29 days without a jury trial.

Knowing Your Options And How To Proceed

Having a legal expert on your side can make all the difference, and sitting down for a free consultation is the first step. You don’t want the matter to spiral out of control.

Let an experienced and trusted defense attorney review your circumstances and help you proceed.
This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
]]> You failed to pay alimony & you are in Jail. How long will you stay for? https://roykahnlaw.com/you-failed-to-pay-alimony-you-are-in-jail-how-long-will-you-stay-for/ Tue, 01 Nov 2022 19:14:18 +0000 https://roykahnlaw.com/?p=1357
 
Did you know that if your spouse refuses to help you financially, you can be sent to jail for not paying alimony? This is because in the United States, if one is required to pay alimony and fails to do so, it will be seen as a criminal act. But, if you refuse to pay alimony and ignore repeated court orders, you will go to jail.

What is Alimony?

Alimony is the money one spouse must give the other after their divorce. The person receiving the payment usually takes care of the family while the other is working. Alimony is a cost seen as necessary to provide a safe and healthy environment for children. It is seen as a cost that the higher-earning spouse must bear to ensure a good life for the children of the marriage.

Why is Alimony Important?

As mentioned above, alimony is essential because it helps keep the household afloat. It also reminds both parties of the divorce that they could not work together as a couple. And last but not least, it assures that the dependent spouse will continue to get the help they need. These are just a few reasons why alimony is essential.

How Long Does One Stay In Jail For Not Paying Alimony?

You have to go to jail only after being served with a warrant. You have to serve time only when the judge declares you have to serve. The general rule is that you will have to do at least 30 days in jail for not paying alimony. However, this all depends on the state you live in. For example, Florida law requires one to serve at least 45 days in jail for not paying alimony. It is important to note that these are the minimum sentences. Also, the judge may allow you to serve your time on a weekend.

What Happens If You Are Sent To Jail For Not Paying Alimony?

This is going to depend on the state you live in. Some states might put you in jail, while others might pay you a fine. What is certain, however, is that you will have to pay a higher amount as a fine. Alimony is a sensitive topic. People on both sides of the spectrum have extreme opinions. However, it is essential to understand that it exists for a reason.

Conclusion

Alimony is essential because it helps keep the household afloat. It also reminds both parties of the divorce that they could not work together as a couple. And last but not least, it assures that the dependent spouse will continue to get the help they need.
This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
]]> You failed to pay alimony. Will you go to jail? https://roykahnlaw.com/you-failed-to-pay-alimony-will-you-go-to-jail/ Sat, 01 Oct 2022 19:19:24 +0000 https://roykahnlaw.com/?p=1359 What is Alimony?

Alimony, or spousal support, is money one spouse pays the other after a divorce. One spouse pays this money because the other spouse needs financial help to maintain their lifestyle. The spouse can either pay it as a set amount of money each month or as a sum of lump sum payments spread out over time.

The spouse may also pay it in different ways, such as paying utility bills directly to the utility provider and covering health insurance premiums purchased by the other spouse.

Judges frequently find individuals in contempt for not paying alimony and then sentence them to jail. But in addition to contempt, there are other ways that the law could punish you for not paying alimony, including:

● Having your wages garnished.

Your employer will take money out from your paycheck to pay for the support. If a portion of your salary is already being withheld for other debts by your employer, such as child support, this may mean that you will not have enough money to pay for necessities.

● Have your bank accounts cut off.

It can lead to financial ruin because you will not be able to pay your bills and may even risk bankruptcy.

There are two different types of contempt orders:

– Direct contempt

It is when a person willfully disobeys a judge’s order, knowing it was wrong not to obey it.

– Indirect contempt

It occurs when a person disobeys an order only because the judge enforces it.

In Florida, if they serve you with a court order for non-payment of alimony, you have 14 days to respond to the allegations. If you don’t respond, the judge will grant a default ruling. The judge will examine your lack of response and determine whether you deliberately disobeyed the order if your ex-spouse files a motion with the superior court clerk asking for you to be held in contempt by the court.

If the judge finds that you willfully failed to comply, they will issue an order to find you in contempt of court. A judgment declaring you to be in contempt of court will direct the clerk to issue an arrest warrant. It is important to note that Florida judges do not have jurisdiction over federal courts, such as bankruptcy courts or courtrooms. So if the judge found you in contempt and issued an arrest warrant, then the officer would not be able to take you into custody at that time.

Bottomline

If you fail to pay alimony, don’t worry. The family court judge will not send you to jail. But the judge could issue an enforceable contempt court order against you only by arrest. That can lead to jail time.
This image has an empty alt attribute; its file name is roykahn.gifRoy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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