Questions - Part II

A: Absolutely not. You should always hire an attorney to zealously and aggressive fight for your rights. Even if you're charged with a misdemeanor, it's critical that you have someone challenging the case and/or fighting to obtain the best possible plea bargain for you. Many people erroneously believe that if you're charged with a misdemeanor, the judge will appoint the public defender to represent you. That's not the case. Unless the prosecutors announce their intent to put you in jail, which is rare, you will not be entitled to a free lawyer. Most often, those facing misdemeanor charges will be forced to represent themselves, leaving them with a "fool for a client." Prosecutors may choose to take advantage of you and seek greater penalties than if you were properly represented with zealous counsel.

Our firm has been extremely successful in securing extraordinary results for even our "very guilty clients" by presenting mitigating factors to the judge and/or prosecutor. A skilled attorney may be able to persuade a judge or prosecutor, for example, to offer house arrest instead of probation and/or probation instead of house arrest. Often, we can get the charged reduced from a felony to a misdemeanor. Our experience and aggressive style can also make the difference between whether you're convicted of the offense or whether you avoid conviction and receive a "with hold of adjudication." In short, there's so much that we are able to do for you, even if you're guilty. Let us provide you with a free consultation to review some of the possible outcomes we can obtain for you.

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A. If law enforcement intentionally or inadvertently violated your cherished constitutional rights, we, as your attorney, will zealously move to exclude all evidence as a result of the unlawful police conduct. It happens often. Law enforcement officers stop vehicles unlawfully. They make arrests without sufficient probable cause. They violate defendant's Miranda Rights. They obtain evidence without first securing consent and/or obtaining a warrant. When we identify instances where police violate our client's rights, we file all appropriate motions with the court. We then use our extensive litigation experience to win these important arguments. Winning a motion to suppress can often result in a case being dropped. Let us analyze your case to determine whether there may be violations of your rights. We will offer you a free consultation to discuss our strategy to zealously and aggressively fight against unlawful law enforcement action, should it exist in your case.

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A: Maybe, but probably not. Contrary to what you see on TV, cops infrequently read suspects their cherished Miranda Rights. Most people erroneously believe that they are entitled to a dismissal of the charges if the arresting officer fails to inform them, amongst other principles, that they have "the right to remain silent." The reality is that, under the law, the only scenario under which an arresting officer is required to read an accused his or her rights is when there is a "custodial interrogation." Custodial interrogation, as defined in the Miranda decision, is "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." No warnings are necessary unless both situations exist. The suspect must be 1) in custody and a law enforcement officer must 2) initiate questioning. Read more in the following article that we authored here.

We have extensive experience in litigating cases wherein law enforcement officers claim our clients made statements during the course of their investigation. Assuming they are damaging to our client's case, we do everything in our power to challenge the admissibility based on a violation of the constitution, assuming one exists. Let us assist you by providing a free consultation. If you made statements to law enforcement or they merely allege that you did, we'll discuss with you our strategy for how we are going to challenge the admissibility and/or use the statements to our advantage to help secure the best possible outcome.

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A: Absolutely not! In fact, the law is very clear on this issue. Judges will actually instruct jurors that it is unlawful for them to ever use against a defendant the fact that he/she chose not to speak to law enforcement. The judge further instructs jurors that every one of us enjoys the constitutional right to remain silent and should that right be exercised by an accused, there should never be any inferences made and/or any other adverse consequences.

At the Law Offices of Mark Eiglarsh, we have extensive experience handling state and federal criminal cases where clients invoke their Miranda rights. We know exactly what to do to protect your rights. Contact us for a free consultation.

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A: A plea bargain is how most cases in the Criminal Justice System get resolved. It's a resolution negotiated between the prosecutor and the defense. It's an alternative to going to trial. The benefit to a plea bargain is that assuming the judge is willing to accept it, there's finality to the case and a guaranteed outcome. Additionally, most plea bargains represent a significant reduction off the time that defendant could get after he/she was found guilty after a trial and was sentenced by the judge.

Our firm is known as a firm that is not afraid to challenge the prosecution and, when necessary, take a case to trial. Because of our reputation, prosecutors know that if the matter does go to trial, they may lose the case. Thus, they are more likely to offer our clients better plea offers than some other attorneys who either are afraid to go to trial and/or don't possess sufficient skills to pose a realistic threat of winning at trial.

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A: Mitigation evidence can be anything that we choose to present to prosecutors and/or judges that humanize our clients in order to obtain the best possible sentence. Florida courts deal with thousands of cases at a time. In most jurisdictions, especially in West Palm Beach, Fort Lauderdale and Miami-Dade, courts are over flowing with cases. As a result, plea bargains are offered in almost every criminal case. If they weren't offered and every case went to trial, the system would literally shut down. What plea offer our client ultimately receives hinges greatly upon what mitigation evidence we provide to prosecutor and judges. At the Law Offices of Mark Eiglarsh, we believe that our client's life can never be defined accurately by what's written in a charging document and/or what they are being accused of. With decades of experience we are skilled at presenting mitigation evidence to prosecutors and judges. We have routinely successful at proving that what our first offender client may have done is an isolated incident in an otherwise exemplary life. We are also skilled at explaining why our clients did what they did. Often times do to an addiction and/or mental illness etc., our clients commit breaches of the law and require treatment as opposed to incarceration. We've also utilized character letters from clients' family members, friends, community leaders, and fellow church members etc. to assist our clients. Mitigation evidence can serve as the basis for getting felony charges reduced to misdemeanors and/or for not having charges filed at all.

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A: Criminal charges are generally either misdemeanors or felonies. What specific misdemeanor crime you were charged with will determine whether you're facing a maximum of 60 days or up to a year. Regardless, the maximum sentence you can receive for each misdemeanor count is one year in jail. How much time you're facing for a felony, depends on the nature of the charge and what degree the charge is. The list below should assist:

• CAPITAL FELONY (e.g. First Degree Murder): The only two sentencing options are either life in prison without parole or the death penalty.
• LIFE FELONY (e.g. Armed Robbery, Kidnapping): Punishable by life in prison without the possibility of parole + $15,000 fine.
• FIRST DEGREE FELONY (e.g. DUI Manslaughter): Punishable by up to 30 years in prison, 30 years of probation + $10,000 fine
• SECOND DEGREE FELONY (e.g. Aggravated Battery): Punishable by up to 15 years in prison, 15 years of probation + $5,000 fine
• THIRD DEGREE FELONY (e.g. Possession of Cocaine): Punishable by up to five years in prison, 5 years of probation + $5,000 fine
• FIRST DEGREE MISDEMEANOR (e.g. DUI): Punishable by up to one year in jail, one year of probation + $1,000 fine
• SECOND DEGREE MISDEMEANOR (e.g. Driving With Suspended License): Punishable by up to 60 days in jail, six months probation + $500 fine

Felony defendants are sentenced pursuant to the Florida criminal punishment code, also known as "CPC" and/or "a score sheet." Each felony is given a numerical value based on a ranking system created by the Florida legislature. The higher the crime's ranking, the more points will be assessed. Once the score sheet is tallied, any total point value of less than 44, means that prison is not required, even though the judge may still chose to impose a prison sentence. Any point total over 44 points means that a state prison sentence must be imposed unless the prosecutors agree and/or the judge chooses to depart below the mandatory prison term as called for by the guidelines.

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A: Some collateral consequences of a criminal charge other than incarceration includes:

• Losing your civil rights
• Losing your right to bear arms
• Difficulty renting an apartment
• Inability to obtain state and/or federal aid
• Ineligible to hold a public office
• Ineligible to obtain certain licenses
• Difficulty in getting and/or keeping a job

Merely because you are facing either prison time and/or any of the listed collateral consequences as a result of criminal charges doesn't mean that you will receive any. At the Law Offices of Mark Eiglarsh, we are trained to know the potential adverse consequences that accompany being arrested, charged and potentially convicted of a crime. Having worked in this arena for over twenty years, we have extraordinary knowledge of what could happen in the future. As a result we do all we can when representing you to prevent those adverse consequences from occurring in the future.

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A: We have been successful for over two decades in securing alternatives to jail and prison for our clients, assuming charges are not dismissed. Some possibilities include house arrest, probation, drug rehabilitation and treatment, electronic monitoring, pre trial intervention, community service etc. Let us use our vast experience in assisting you during this challenging time. Some resolutions would be a perfect fit for you, while others would not. It is our job to determine what alternatives are acceptable to the prosecutor and then work with you to determine what options will work for you.

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A: Probation is a sentence used in criminal court, which allows a defendant to stay out of jail and also, avoid house arrest. A person on probation must report regularly to their probation officer and typically provide random drug and/or alcohol tests. Additional special conditions of probation may be required. As long as a probationer does all that is required and does not pick up a new law violation, they will eventually have their probation successfully terminated. If they don't, they could be found in violation and then may face greater sanctions including, but not limited to jail and/or prison time. We frequently return to court prior to our clients completing their full probationary term in order to secure early termination of their probation.

Parole is the supervised release of a prisoner from prison back into the community before they have completed the entire term of their prison sentence. Like probation, similar conditions are typically imposed to those on parole. Also like probation, a parolee can be returned to prison if he/she commits a new law violation.

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A: A criminal arrest and subsequent conviction may cause enormous negative consequences to a defendant's immigration status. Convictions for certain offenses will often lead to immediate efforts by INS to commence deportation proceedings. The Law Offices of Mark Eiglarsh, specializing in handling criminal matters in South Florida for over two decades, has represented countless clients who are not U.S. citizens. We especially recognize how imperative it is to secure the right outcome so that no adverse immigration consequences occur. In a number of cases, we have been able to successfully negotiate a resolution where prosecutors change the charge to a non "moral turpitude offense," in order to avoid deportation and/or any other negative immigration consequences.

If you or someone you know is facing a criminal matter and is not a U.S. citizen, we encourage you to meet with us for a free consultation. We will be happy to provide you with an analysis of your case and ensure that we explain the specific resolutions necessary for us to obtain in order to avoid any future immigration problems.

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A: Yes, however, it's important to first determine whether what you believe is a subpoena really is a subpoena. It's not uncommon for prosecutors and/or other entities to mail a document to individuals with the word "subpoena" on it. Solely because it contains that word doesn't make it a subpoena. A subpoena must be personally served on a person in order to be enforceable. Let's suppose that someone receives a document in the mail labeled "subpoena" and they chose to ignore the demand to appear. Assuming then that prosecutors seek to hold that person in contempt for failure to appear. The judge should deny prosecutor's request because they would be unable to prove that the person received proper service. In other words, because the U.S. mail is inherently unreliable, the judge couldn't possibly be certain that the subpoena ever reached its intended party.

Assuming that a subpoena is personally served, you must take action. Failure to comply could result in jail time. We recommend that you contact us immediately. We may be able to get the subpoena "quashed," which would relieve you of your responsibility. Perhaps there are some defects in the subpoena that would also relieve a person of their obligation. Because having to appear and/or having to produce documents as directed by a subpoena can come with a number of risks to the recipient, we at the Law Offices of Mark Eiglarsh passionately encourage you to contact us immediately upon receipt of an alleged subpoena. We will provide you with a free confidential consultation and offer you guidance as to what you should do. Allow us to aggressively and zealously protect your rights.

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A: The burden of proof in every criminal case is "proof beyond a reasonable doubt." It's the highest burden under the law. It's drastically higher than what's required in the civil arena, where litigants, for example are fighting over money. Because the potential penalties in the criminal arena involves loss of liberty, the burden of proof must always be as high at is. I will argue to jurors that proof beyond a reasonable doubt isn't, "Well, he may be guilty" or "He's probably guilty" or even, "He's definitely 100%, beyond a shadow of a doubt, without question, possibly guilty."

It's important to understand what "proof beyond a reasonable doubt" isn't. It's not beyond "all" doubt. It's not proof with 100% certainty. If that were the case and jurors had to be 100% certain that a defendant was guilty, then they would have to be eyewitnesses themselves.

Prosecutors are the only ones who have a burden of proof in a criminal case. In fact, as the judge instructs jurors, the defense doesn't have to prove anything. A defendant and his lawyer could literally kick their feet up on the desk, play chess, and offer no evidence during the trial. That's obviously something our firm has never done and doesn't recommend or condone. However, the way the system should work is that if prosecutors rest their case and there's a reasonable doubt either because the defendant is actually innocent and/or because he/she's guilty as hell but there's just not enough evidence, then the jurors must find the defendant not guilty. We are very successful in winning our cases both before a trial ever commences and/or at trial by using the high burden of proof to help protect the rights of our clients.

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A: A federal crime occurs when there is violation of one of the federal criminal law statutes and a state crime occurs when a state statute is violated. Many charges can be filed in either state or federal court (and sometimes in both). Many federal crimes are listed in Title 18 of the United States Code. Other federal crimes like tax evasion and possession of weapons banned by the National Firearms act are enumerated in Title 26 of the United States Code. Other examples of federal crimes include, but are not limited to: bank robbery, counterfeiting, fraud (mortgage fraud, healthcare fraud, passport fraud, bank fraud, mail fraud, wire fraud, etc.), damaging or destroying public mailboxes, immigration crimes, aircraft hijacking, RICO, kidnapping, drug offenses, money laundering and drug crimes. Federal agencies that typically investigate federal criminal cases include FBI, DEA, IRS, ATF, ICE, and the Secret Service. By definition, federal offenses cross state lines. Thus, it's not uncommon to see in a federal case multiple state and county law enforcement jurisdictional issues.

Penalties in federal cases generally are more severe. Some offenses carry with it minimum mandatory penalties. Additionally, the penalties for the same offenses in federal court can often bring a much more severe penalty than the same crime in state court. The reason for the stricter punishment in federal court is primarily due to the Federal Sentencing Guidelines. Created by Congress, the Federal Sentencing Guidelines were created in attempt to minimize judges' discretion, resulting in fewer disparities between defendants who commit the same or similar offenses.

Federal cases are generally more complicated and labor-intensive than state court matters. It's not uncommon to have voluminous discovery in federal court with literally thousands of documents turned over for review by federal prosecutors. It's not uncommon to devote hundreds of hours dissecting and examining documents provided to us in federal cases.

In light of the complexity and severity of federal criminal investigations and prosecutions, we recommend that if you or someone you know is being investigated or charged with a federal criminal offense, you should contact us immediately. Let us use our extensive experience in the federal arena to assist you. We have zealously fought in federal court for over two decades and have secured numerous successful outcomes for our clients.

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A: The prosecutor is the attorney who represents either the federal, state or local government in a criminal case brought against a defendant. Some jurisdictions call the prosecutors "District Attorneys" or "D.A.'s". In more significant cases like murder, complex white collar matters, and various types of fraud, law enforcement officers won't make an arrest without first speaking with the prosecutors' office.

Prosecutors have a significant amount of power. They can decide to drop charges even though an arrest is made. We often meet with prosecutors, often called "screening prosecutors," in order to persuade them not to file charges at the first appearance, also known as the arraignment. If they do file charges, prosecutors decide what the plea bargain should be. In light of the unpredictability of a jury trial, clients often seriously consider accepting a plea offer as an alternative to rolling the dice on a jury trial. Therefore, it's imperative to either know the prosecutor you're dealing with and/or to know what to expect from him/her, in order to obtain the best outcome from the prosecutor.

So many crimes carry with it minimum mandatory penalties that only prosecutors can waive. Judges cannot legally waive a 25-year minimum mandatory drug trafficking sentence, even if he wanted to. Understanding what it takes to get prosecutors to waive minimum mandatories and/or reduce DUI's down to lesser charges is critical to a zealous and successful outcome in a criminal case.

Mark Eiglarsh served as a prosecutor in Miami for several years. He understands how they think and has maintained great relationships with many prosecutors during his over two decades in the criminal justice arena. Allow him and his firm, the Law Offices of Mark Eiglarsh, the opportunity to provide you with a free consultation and explain to you how we can assist you in securing the best outcome to your case.

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A: Most likely, yes. Before ever even being charged with a crime, your criminal history will be run by law enforcement. Often, arrest reports will not only contain the details of the new offense, but will also make reference to any prior criminal convictions the arrestee has. Judges and prosecutors will clearly be on notice that this is not your first law violation when determining the appropriate bond at the first appearance. The law permits judges to use someone's prior contact with the criminal system when determining the appropriate bond.

Additionally, prosecutors will generally offer more severe plea bargains to those who have been through the system before. For many offenses, like DUI, the penalty goes up drastically depending on whether the offense is the first one committed. Some defendants with several or more "priors" (prior convictions) will be labeled "career criminals" and/or "habitual offenders" and/or "habitual violent offenders," resulting in the most severe penalties doled out in the system.

Having a knowledgeable and passionate Miami criminal attorney (assuming the matter is in Miami) on your side is critical, especially when this isn't "your first rodeo." The treatment received by repeat offenders often differ greatly than that received by first offenders. Let us use our over two decades of experience to assist you. Call for a free consultation.

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A: The constitution generally requires law enforcement to first secure a warrant before searching your property. A warrant must be based upon probable cause. Judges review the petition for a warrant and decide whether they should grant one under what's written in the sworn document.

An exception to that general rule is if you provide consent. There are some additional exceptions like if the circumstances are legally deemed an "emergency."

In many of our cases, especially in drug trafficking cases, we learn that law enforcement seized contraband pursuant to a warrant. We routinely aggressively challenge warrants that law enforcement and prosecutors claim were lawfully obtained. If we are successful in our challenge, all the evidence obtained as a result of the warrant is suppressed (thrown out).

We have also been very successful in challenging cases where law enforcement alleged that they were given consent to search a client's premises. Saying it so, don't make it so. Just because officers claim that our client gave them to consent their home where kilos of cocaine and/or a grow house filled with marijuana plants, for example, doesn't mean that our clients legally consented. In some instances, the show of police force was so significant that it called into question whether consent was really freely and voluntarily given. Everything depends on the circumstances.

Allow us to provide you with a free analysis of your case and let us explain to you potential challenges we can make concerning the warrant and/or consent that officers claim exits in your case. Our extensive knowledge of this area of criminal law will prove to be invaluable in fighting for your liberty.

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A: In a word, "No." If a lawyer guarantees you a specific result, make them put it in writing, and then have them sign the document that clearly states that if they don't get that specific outcome, the entire fee is refundable. Regardless of whether they take you up on your offer, which invariably they won't, we advise you to run, not walk out of his/her office. Not only is it unethical to guarantee a specific result, but to do so implies that the fee is refundable if a lawyer doesn't win the case and/or get you the specific outcome that you are seeking. The ethical rules in Florida and all states dictate that a lawyer shall not enter into a fee arrangement that is contingent upon the outcome in a criminal case. It's a different story when it comes to civil matters like personal injury and/or wrongful death cases, which our firm also handles. Those cases are handled solely based on a contingency fee. There's no money owed up front and, if we don't win your civil case for you, you don't have to pay a dime.

You need a lawyer that is honest, ethical and impeccable with their word. That's exactly an accurate description of what makes Mark Eiglarsh, and the lawyers who work with the Law Offices of Mark Eiglarsh so well respected and admired by their current and former clients. Your attorney needs to be straight with you and not sugar coat things. Your lawyer should be zealous and aggressive and fight for your rights, putting your interests before their own. That’s what the Law Offices of Mark Eiglarsh is all about. While we cannot guarantee a specific outcome, we can guarantee that we will do all that we can to obtain the best possible outcome under challenging circumstances. Fortunately, for over two decades litigating cases, we have a proven track record of success. Call for a free consultation. We'll guarantee you honesty and a full evaluation of your case.

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A: The completion of a trial depends on a number of factors. First, a misdemeanor trial typically can be completed a much shorter period of time than a felony trial. A misdemeanor trial, for charges like DUI, petit theft, marijuana possession, disorderly conduct, disorderly intoxication, driving with a suspended license, reckless driving, leaving the scene of an accident, criminal mischief, trespass, assault, and battery, usually can be tried within a couple of days. It's uncommon to see a misdemeanor case last longer than a week. Felony trials can also take just a few days, depending on the charges. They also could last for months. Some complex white collar federal trials involving crimes like bank fraud, mortgage fraud, tax evasion, RICO, etc., can last as long as a year, in rare instances. It truly depends on factors like the nature of the case, how many co-defendants are being tried, and how much evidence is involved.

Our firm has extensive litigation experience. Mark Eiglarsh, an adjunct law professor at the University of Miami School of law, teaches litigation skills. Also, he's tried well over a hundred jury trials and countless "bench trials" in over two decades as a litigator. Call the Law Offices of Mark Eiglarsh and we'll be happy to provide you with a free assessment of your case and even give you an estimate as to how long a jury trial should take if you go to trial.

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A: Absolutely yes. At the Law Offices of Mark Eiglarsh, we understand that addiction is often the reason why a person is involved in criminal behavior. Examples of crimes that we typically see clients commit as a result of their addiction includes: DUI, drug possession, drug sales, theft, disorderly conduct, disorderly intoxication, leaving the scene of an accident, reckless driving, and drug trafficking. Many prosecutors and judges can have some appreciation and even compassion for our clients who suffer from addiction. In lieu of jail, perhaps judges and/or prosecutors will offer probation with treatment as a special condition. For cases involving more serious offenses, often, we are able to persuade prosecutors and judges to allow our clients to attend an addiction treatment facility, either in-patient or out-patient, in lieu of the jail time that they are facing. While keeping clients out of custody is our primary objective, we also are concerned about relapse and recidivism. We want to do all we can to ensure that our clients don't relapse and reoffend. Using our special knowledge concerning addiction and treatment, coupled with our vast experience in the criminal justice system, we are the perfect firm for you and/or someone you know if addiction is an issue in the case. Call for a free consultation.

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A: We handle a wide array of both state and federal criminal offenses. We also handle a variety of personal injury and wrongful death matters. The list below is just a sample of the matters that we deal with. If we aren't able to represent you, we will make sure that we refer you to the best possible attorney for your needs.

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A: Private lawyers can be expensive. Most of the good ones are. The top attorneys get paid top dollar because they are the best in their field and get the best results for their clients. In light of how severe the consequences are the time to be fiscally conservative is not now. The cost of being incarcerated for any amount of time is something to consider when making this important decision on who to hire. Add to the potential consequences of losing one's job, family and immigration status, and you'll understand why hiring the best attorney is the way to go.

At the Law Offices of Mark Eiglarsh, we consider ourselves to be one of the best Miami Criminal Lawyers (and also, one of the best Fort Lauderdale Criminal Lawyers and one of the best Florida Criminal Lawyers). As a result, our fees are more than many of the "discount/volume attorneys" you see on line. We pride ourselves on getting the best possible outcome for our select number of clients. We are sympathetic to people who have financial challenges. We will work with you and even consider payment plans. To assist in the payment burden, we even accept certain credit cards. Call us for a free consultation and we'll have a candid discussion about fees and costs and see if we can work together during this challenging time.

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A: At the Law Offices of Mark Eiglarsh, we pride ourselves on aggressive and zealous defense. Mark Eiglarsh, for example, a former prosecutor, adjunct law professor at the University of Miami School of Law, and recognized on air legal analyst utilizes his two decades of experience to assist you get the best outcome. The attorneys with whom we work with are all extremely well-versed in all areas of criminal law and are extremely experienced in working in the criminal justice systems in Miami, Fort Lauderdale, Palm Beach and all surrounding cities in South Florida and the entire state of Florida. We are fully prepared to undertake our clients' cases, whether they be criminal or personal injury or wrongful death. When we take on a case, we make sure that our clients receive the best possible outcome. We effectively represent our clients and have earned a phenomenal reputation both within Florida and around the nation as a top notched criminal defense and litigation firm.

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A: No. The first consultation is free. At the Law Offices of Mark Eiglarsh, our passion is helping people get through very challenging times. We feel it is a privilege to be able to assist you so we encourage you to contact us immediately, free of charge, so we can provide a confidential evaluation of either your criminal and/or DUI and/or personal injury and/or wrongful death matter.

We pride ourselves on providing extraordinary communication with our clients. Even after we begin working for you, we are always available for regular communications either by telephone or with a face-to-face office visit. We even frequently meet clients out of the office at a local coffee house, for example, in order to make it most convenient for our clients. We are available 24/7 to assist you. Call us today.

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