Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

  • How Criminal Charges Affect Immigration Proceedings
  • How Criminal Charges Affect Immigration Proceedings
  • How Criminal Charges Affect Immigration Proceedings
  • How Criminal Charges Affect Immigration Proceedings
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How Criminal Charges Affect Immigration Proceedings

Immigrants that are currently undergoing the legal naturalization process in the U.S. face harsh consequences if they get arrested for a crime. While you might still be in the US, your application for citizenship will no longer be considered valid or relevant. Basically, if you get arrested while you’re still undocumented then you’re likely to get deported. Therefore, the best course of action to take if you get arrested is to seek the counsel and representation of an experienced criminal defense lawyer in Florida. Your attorney will assist you in exploring other more favorable outcomes that may even enable you to evade a conviction completely. As they say, knowledge is power, so here’s some useful information on the implications of an arrest on your immigration application. Arrest vs. Conviction It’s important to first know the difference between an arrest and a conviction. The definition of both terms is the same for immigrants and citizens alike. An arrest means that you’ve been detained on a suspicion that you’ve committed a certain crime. However, you are detained based on probable cause and haven’t yet been found guilty.… Read More

Dog Ownership, Legal Liability, Animal Cruelty, and Capnocytophaga Canimorsus

capnocytophaga canimorsus can be dangerous from animals

As our human world has become more extensively urbanized and humans have brought their traditional animal companions with them into their homes, city streets, and other institutions, laws have been enacted about the treatment of animals, the ownership of animals and owner responsibility for an animal’s behavior or interaction with human beings. Prevention of Cruelty to Animals and Animal Aggression Many of the laws currently on the books deal with curtailing cruelty to animals, especially recent rulings that it is all right to break into a vehicle if a passerby sees an animal or child that is confined to the vehicle. It should be noted that the person is also supposed to call the authorities and remain with the animal or child in a nearby safe area until the authorities arrive. Laws covering animal aggression deal extensively with dogs that kill livestock, dogs that bite or loose dogs that act aggressively toward people. But a new wrinkle has been in the news recently that could have pet owners and lawmakers wondering about the correct response. Capnocytophaga Canimorsus, the Kiss of Contagion Folklore has it that… Read More

Exercise Your Rights, Call Your Lawyer

kenneth padowitz, p.a. - contact the law firm today

Thanks to the foresight of our founding fathers and the continued vigilance of lawmakers since then, citizens of the United States have rights. When you are in an arrest or accusatory situation, you should exercise your rights by calling your lawyer before you talk to anyone. Nine times out of ten, a situation could have been made much easier just by having your lawyer on the scene from the beginning. It can be scary to say, “I don’t want to talk about it until I see my lawyer,” but often that is exactly what you should say. Traffic Stops Arrests, particularly for possession, are often made at traffic stops. Even though marijuana for medical use is now legal in Florida, people are sometimes mistakenly arrested for possession or other drug offenses. With the focus on opiates, even prescription drugs such as Xanax or OxyContin can trigger an arrest if you do not have your prescription bottle on hand. If you are already feeling a bit under the weather, it can be difficult to know what you should or should not say under those circumstances. Your… Read More

An Armed Society

woman with rifle

Robert Anson Heinlein wrote, “An armed society is a polite society.” He was envisioning a world where people would carry sidearms openly and would be trained to handle them. In March 2018, Florida’s governor signed a bill that would allow selected instructors in a school to be armed. The idea behind the bill is to give those in authority at the school the ability to defend the children and unarmed members of the school staff. This is not the first time that such an idea has been advanced. Who Should Bear Arms The text of the second amendment states, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” From the wording of this amendment it is fairly certain that, like Mr. Heinlein, our founding fathers were thinking of an orderly use of firearms. Since the Colonies were a rough, wild place to live in those days, it would have been dangerous for households not to have some means of defense. No doubt, defense is the thought running through… Read More

The Crucial Role of a Criminal Defense Attorney

defense attorney's role in society | justice scales

From the bestselling book, To Kill a Mockingbird, to the true-crime television show, “America’s Most Wanted,” and with many fictional arrests and courtroom scenes, the American public is saturated with the idea of the ideal role of a criminal defense attorney. Here are some ideas about a criminal defense attorney’s role. When an Attorney Should Be Involved Whether the alleged perpetrator has funds to pay for a lawyer or he or she does not, the U.S. Constitution and subsequent landmark cases give a person who has been arrested the right to have an attorney present during questioning and to assist with subsequent procedures. One lawyer once remarked that most things would be so much easier if legal counsel was called sooner rather than later. What a Criminal Defense Attorney Does An attorney will explain to the accused his or her rights in the situation, and help the accused to understand the upcoming processes. The attorney will safeguard the defendant’s rights, making sure that they are not violated during the arrest procedure or during subsequent trials. If the defendant pleads guilty, the attorney might negotiate a… Read More

Pre-Arrest Investigation Rights in Florida Criminal Cases

officer reading the miranda warnings at arrest

If you’ve watched any of the Hollywood blockbuster movies that have a crime-related storyline, then you will have noticed that one of the things that cops do when arresting someone is to read them what’s known as the “Miranda warning.” This warning typically reads as follows: You have the right to remain silent. What you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided to you by the state. Now the same rules don’t apply during the pre-arrest, as the police will still be investigating your case so that they can find enough evidence. This is particularly prevalent when it comes to white collar crime investigations in which your constitutional rights may be violated without your knowledge. That’s why it’s so important to consult with a criminal defense lawyer that specializes in white collar and other crimes committed in Florida specifically, especially if you suspect that you might be under secret investigation. Pre-Arrest Interrogations Even though law enforcement officers are aware of your constitutional right… Read More

Parents, Children, Caregivers and Criminals: How Can We Best Protect the Innocent?

protecting children and other innocents from abuse | fort lauderdale criminal defense attorney

Children, parents and child abuse are often in the news recently. Between the #MeToo movement, incarcerated immigrant children and the usual reports of coaches, teachers, caregivers and even parents who physically, verbally, or sexually abuse children, one might wonder how children manage to live to grow up, let alone grow up sane, compassionate, self-actualizing adults. Forensic psychology is often an investigation into the why that leads to the how in the hope of practicing preventative policies that will keep not only the children but also the caregiving adults safe. Which brings us to our title question. When thinking about parents, children, caregivers and alleged criminals, how can we best protect the innocent? The #MeToo Movement In 2003, Tarana Burke was approached by a young woman who confided in Ms. Burke that her mother’s boyfriend was abusing her. As she searched for words, Tarana Burke eventually passed the girl along to another person who she felt would be qualified to help her. But she later thought, “Why didn’t I just say, ‘Me, too.’” That was how the Me Too movement started, as a way for girls… Read More

Legislation and Child Rearing

children and the law legislation

Perhaps there is no area of legislation, law enforcement and social consideration of greater consideration or more hotly debated than those governing domestic considerations, especially child rearing. Legislation and child rearing have gone hand in hand before but are rarely comfortable partners. The challenge is to define that thin, narrow line between protecting children and allowing adults enough control to effectively teach and discipline youngsters. From such proverbial directives as “Sparing the rod is spoiling the child,” and “A student’s ears are on his back,” to more nurturing approaches that maintain that a child learns best in an environment of acceptance and understanding, just what to do and when to do it have long been questions. The Scope of the Problem At one end of the spectrum we have infant abandonment, young children left in hot cars, and shaken babies; at the other end, we have frustrated, angry young adults who return to their school or church to demonstrate their pique with guns. Babies become adults. Nurturing can make a difference, but it is still unclear just how much. The jury is still out on… Read More

Summer Days, Hot Cars, and the Law

green car on field in the sun

As summer winds down to an end, cars parked along streets and in parking lots can reach alarming temperatures in a big hurry. On a balmy 80-degree Fahrenheit day, temperatures in a vehicle with the windows rolled up can reach an alarming 130 to 178 degrees – definitely warm enough to be life-threatening. A Mother’s Panic A Michigan mom, Lacey Guyton,  was just leaving her grandmother’s home. She strapped her baby into her little car seat, put the diaper bag in the car, and closed the door. Then she heard the doors lock. Her key fob didn’t work. Raina, the little girl, started crying. Lacey tried to smash a window while her grandmother dialed 911. The police dispatcher politely explained that they didn’t break windows or unlock doors, but that she could send a tow truck. Lacey tried calling and pleading with the dispatcher, who said no, they didn’t do that and neither did the fire department. At last, Lacey was able to break the back window on her car and rescue her daughter. A Misadventure That Ended Well There has been a lot of… Read More

The Body Farm: Forensic Investigative Studies in Real Time

cadaver examination

Just north of Tampa, there is a five-acre field that is locked up tight behind a sturdy chain link fence. It looks just like any green field, but inside are real-time science experiments that could help medical examiners all across the state of Florida. A Field of Cadavers Inside this field are bodies that are busy doing a very simple thing: they are decaying. Their rate of decay and the way they interact with the ground around them is being carefully recorded. That might sound just a little bit cold-blooded, but the reality is that these bodies are doing a great service. They could very well help solve mysteries or even cold cases that have been hanging around for years. Donations to Science The bodies come from the University of South Florida, where they have been donated. They provide a vital investigative and training link by allowing students and authorities to observe exactly what might happen to a body in Florida’s hot, humid climate. By examining the rate of decay and how the bodies behave in this environment, it might be possible to answer questions… Read More