Recent Blog Posts

Stand your ground

Michael Mirer — Tue, 20 Mar 2012 18:38:00 GMT

Florida passed the contraversial law in 2005 called Stand your ground law. Essentially this law allows you to meet force with force without the need to retreat.

A person isjustified in the use of deadly force and does not have the duty to retreat if:

He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony.

The law presumes that there would be reasobale fear of imminent peril or death or great bodily harm if someone is to break into your house or an occupied car. This is known as the castle doctrine. You can prrotect your castle with deadly force from any intruder that may enter.

The law also provides for immunity from criminal prosecution if the person using the force was justified in doing so.

That's the case of Trayvon Martin, an unarmed teen who was shot and killed the night of Feb. 26 while walking back to the house where he was staying in a gated community. The shooter, George Zimmerman, 28, the neighborhood watch captain, was following Martin because he thought the 17-year-old, dressed in a hooded sweatshirt, looked suspicious. When the two got into an altercation, Zimmerman fired the gun he was carrying.

As astonishing as it sounds, Sanford police have refused to charge Zimmerman — although the state attorney's office now says it will convene a grand jury next month to investigate the case. The cops have been balking in large part because, under the stand-your-ground statute, they're virtually obligated to accept his argument that he was acting in self-defense — even if it was Martin who may have felt more threatened, according to recordings of 911 calls by neighbors that were released over the weekend.

If you have been accused of using deadly force and beleive you were justifiedin doing so you need an experienced criminal defense attorney to assist in your defense. Miami criminal defense attorney Michael Mirer has experience in these matters.

Involuntary Manslaughter vs. Voluntary Manslaughter

Miami Criminal Attorney — Fri, 20 Jan 2012 23:15:00 GMT

Involuntary manslaughter is unintentionally taking the life of another. This could be the result of recklessness or criminal negligence. If someone was killed while a crime was being committed, even accidentally, they will be guilty of involuntary manslaughter.

Voluntary manslaughter is referred to a heat of passion crime. This lacks malice aforethought but does include the intention to harm or kill. If an incident caused a person to become emotionally distraught or mentally disturbed and then killed another person, they could be found guilty of voluntary manslaughter.

As the penalties differ depending on which type of manslaughter was committed, having a Miami criminal attorney on your side could greatly benefit your defense. At Michael Mirer, P.A., they are committed to providing strong defense for people accused of crimes in Florida. To speak to them about your case, contact a Miami criminal lawyer as soon as possible.

Graffiti: Art or Vandalism?

Miami Criminal Lawyer — Sun, 15 Jan 2012 23:15:00 GMT

Graffiti is any drawing or writing that is done a wall or surface of a public place. From simple words to huge murals, graffiti can be seen in most areas of the world. Although some of the drawings are aesthetically-pleasing, what makes people angry is that the graffiti painted on property that does not belong to the artist. Because of this fact, graffiti is actually a form of vandalism.

Vandalism is defined as defacing or destroying the property of another without permission. It does not only include graffiti, but broken windows, egging, keying, damaging cars, damaging public equipment like benches and parks, damaging street signs, etc.

The laws regarding vandalism vary from state to state, so it is important to talk to Miami criminal attorney if you were accused of graffiti or defacing property in Florida. It can result in a misdemeanor or felony offense, depending on the severity of the case. To learn more, contact a Miami criminal lawyer from Michael Mirer, P.A.

Trial Begins for Man Accused of Murdering Rival

Miami Criminal Lawyer — Tue, 10 Jan 2012 23:16:00 GMT

In June of 2010, twenty-one-year-old R.E. was shot dead in a night club in South Beach. N.P. from Miami is currently on trial for his murder that was said to be "cold, calculated, and premeditated." Prosecutors have witnesses and surveillance tape which they say prove that the gang members executed the rival in the busy club. He allegedly fired one shot at point blank range before firing another fatal shot when the man fell to the ground. Besides the eye witness accounts, he also had gun residue on his clothes.

If you were accused of murder, contact a Miami criminal lawyer from Michael Mirer, P.A. The firm understands that many people are falsely accused of crimes every year and can be punished unfairly. If this is your case, please do not hesitate to get a free case evaluation from their team. Contact a Miami criminal attorney as soon as possible to learn more.

Prescription Drug Ring busted in Broward and Miami-Dade Counties

Michael Mirer — Wed, 26 Oct 2011 00:25:00 GMT

On Wednesday, October 12, 2011, federal agents busted 24 different healthcare providers, alleging that they conspired to distribute oxycodone and oxymorphone and defrauded Medicare in the process. This case is different because most federal drug busts and federal drug charges involving painkillers are cash based. In this case, the alleged participants also defrauded Medicare and other insurance companies.

A doctor, a pharmacist and 2 clinic owners were charged. Allegedly, the doctor, Frank J. allesteros, wrote the prescriptions for oxycodone and oxymorphone and the patients, who were working with the clinics owned by Gerardo Gomez and Juan DeDios Gomez, filled the prescriptions at four different Robert's Drug Store pharmacies in Miami and one Pharmalife Pharmacy in Plantation. The owners of the pharmacies, Aiman Izzedin Aryan (Robert's Drug Store) and Emerson Carmona (Pharmalife Pharmacy) billed both Medicare and other insurance companies for the drugs which were medically unnecessary and were being sold by the "patients."

Those arrested include 10 members of the drug ring who recruited the patients to the pain clinics and to Dr. Ballesteros.

This case is the most recent in the ongoing federal and state prescription drug busts in South Florida. The abuse of prescription drugs in South Florida continues to make headlines. If you or someone you know is charged with the insurance fraud, Medicare fraud, distribution of prescription drugs or any federal or state drug charges, call the Law Office of Michael Mirer. Attorney Michael Mirer has represented numerous clients charged with federal drug offenses, state drug offenses, drug trafficking and insurance fraud and Medicare fraud in South Florida. Mr. Mirer has the skills and experience to aggressively defend drug cases and fraud cases.

Baseball Star Manny Ramirez Pleads Not Guilty to Domestic Battery Charge

Miami Criminal Defense Attorney — Mon, 17 Oct 2011 21:35:00 GMT

On September 12, 2011, Manny Ramirez, the 2004 World Series MVP, was arrested and charged with Domestic Battery against his wife.

Ramirez' arraignment was scheduled for Friday, October 14, 2011. His attorney filed a written plea of not guilty. Ramirez is currently out on bond.

Ramirez' wife claimed that her head struck the headboard of a bed after Ramirez slapped her. Ramirez has denied the allegations.

Ramirez must have an aggressive defense to the charge of domestic battery. In domestic battery cases, evidence collected at the scene by police officers can be used by the Prosecutor and The State Attorney's office even if the victim does not want to testify.

Attorney Michael Mirer is an experienced, aggressive Miami criminal defense attorney. Attorney Michael Mirer has handled countless domestic battery charges in South Florida, Miami-Dade and Broward Counties. Michael Mirer is a former Prosecutor in Miami and has a vast amount of experience handling domestic battery cases. Contact the Law Office of Michael Mirer if you or someone close to you has been charged with domestic battery in Florida.

Government drops Mortgage Fraud Charges against Attorney and Police Officer

Michael Mirer — Thu, 13 Oct 2011 23:08:00 GMT

It appears that mortgage fraud charges against attorney Steven Stoll and former Plantation police Officer Dennis Guaracino will be dismissed by the United States Attorney's Office a month after a jury deadlocked at trial.

Attorney Stoll was facing 34 criminal charges including numerous counts of mail fraud and wire fraud. Guaracino was facing 2 felony charges. Stoll claimed that he had no knowledge that employees at his mortgage firm were falsifying loan applications.

The importance of retaining an attorney to fight for your rights in a mail fraud, wire fraud, mortgage fraud or felony case is paramount. Michael Mirer has handled numerous cases involving mail fraud, wire fraud and mortgage fraud. Attorney Mirer is an experienced and knowledgablecriminal defense attorney who will provide aggressive criminal defense. Contact The Law Office of Michael Mirer if you have been charged with mortgage fraud, wire fraud or mail fraud.

Child Porn Boss Busted

Michael Mirer — Thu, 29 Sep 2011 13:27:00 GMT

As a Miami Criminal Defense Attorney I have handled many case involvingchild porn. Most of the time these cases are prosecuted by the federal government. The federal government has teamed up with the state and local law enforcement to combat these crimes. There are special task forces that have been developed specifically for child porn cases.

Anthony Mangione who was the head of Immigration and Customs Enforcement has been arrested and indicted by the federal government for child porn. Ironically, Mangione was in charge of enforcing the crimes for which he now stands accused. Sometimes the people that are in charge of enforcing the laws, break the laws.

If you are under invetsigation for a crime or have been arrested, contact my office immediately for a free consultation.

Should Police Video tape DUIs?

Michael Mirer — Wed, 08 Jun 2011 15:11:00 GMT

I am frequently asked whether police officers have video taping equipment in their vehicles. The answer is most of the time they do not. Very often as a criminal defense attorney in Miami I am told a different version of events from the client then that of the police reports. Invariably, clients will ask whether the officer had video taped the arrest. Unfortunately, that is not the norm.

Should officers video tape DUIs? Doesn't the jury or the judge or for that matter the client being charged, have the right to see video taped evidence? I believe the answer should be yes. If you are going to be arretsed and charged with a DUI, the officer should document what he observed on video. The truth of the matter is 99% of DUIs in Miami are not on video.

If you have been arrested or charged wth a crime contact Miami criminal defense attorney Michael Mirer.

Arrested on Vacation in Miami?

Michael Mirer — Fri, 04 Feb 2011 08:00:00 GMT

Miami is one of the most sought after vacation spots in the world. Miami, Florida is the capital of of the cruise industry and people flock to this community year round for the beaches, restaurants, nightlife and culture. There is a lot to do in South Florida. However, often times visitors are arrested in Miami. If you have been arrested while on vacation or visiting the South Florida area, you need an experienced and aggressive Miami criminal defense attorney to defend your case. Michael Mirer has been practicing criminal defense for over a decade and was a Miami-Dade Prosecutor in Miami, Florida. He has handled cases for many clients who were arrested while on vacation and are not from the Miami area.

Quite often, a case can be resolved without a return trip to Florida. Every case is different so contact The Law Office of Michael Mirer for a free consultation about your case. Miami criminal defense attorney Michael Mirer's practice is limited to criminal defense matters.

Police Officer accused of writing false police reports

Michael Mirer — Mon, 31 Jan 2011 00:15:00 GMT

The Miami Herald reports that former City of Miami Police Officer Charley Braynen has been accused of committing a f ederal criminal offense in Miami. He was charged with two counts of Extortion. Allegedly, Braynen wrote false police reports to aid in the procurement of stolen property and in exchange for his actions, received some of those goods. Braynen was not charged by indictment as is customary in Federal Court, rather he was charged by Information which indicates that he will probably enter a guilty plea.

If you are charged with extortion or filing a false police report, contact Michael Mirer, a Miami criminal defense attorney with more than a decade of experience handling criminal cases.

Man jailed accused of selling fraudulent anti-aging cream

Michael Mirer — Sun, 30 Jan 2011 23:20:00 GMT

The Miami Herald reports that Joseph Fox Batista duped dozens of investors into buying $380,000.00 worth of stock in his company that developed a yogurt based anti-aging cream. Fox is being held in jail awaiting charges of Grand Theft and Organized scheme to defraud. The allegations are that Batista took investors' money and never delivered a product. Grand Theft is temporarily or permanently depriving someone of money. There are many different kinds of Grand Theft. The basis of the charge is stealing money or property that belongs to another.

As a Miami criminal defense attorney in Miami, Florida, I have handled thousands of Grand Theft and Organized Fraud cases. I have handled these cases both as a defense attorney and when I was a Miami-Dade Prosecutor as well.

If you have been arrested or are under investigation for Grand Theft or any other criminal charge, contact my office immediately at 305-536-6177 for a free consultation. The Law Office of Michael Mirer P.A. is available 24 hours a day 7 days a week.

Retiree Busted for smuggling Pot

Michael Mirer — Fri, 28 Jan 2011 16:56:00 GMT

Mark Steven Phillips thought he was in clear while enjoying his retirement in Century Village. Unknown to him, the United States Marshals were searching for him because he skipped out on his Federal Drug trial in Miami back in the late 1970s. Phillips has been on the run ever since. Phillips was convicted in absentia (not being present) for racketeering, possession and distribution charges of Marijuana. As a Miami criminal defense attorney, I have handled thousands of drug cases. If you need an aggressive criminal defense attorney, contact Michael Mirer at 305-536-6177.

Auto insurance adjusters charged with racketeering

Michael Mirer — Fri, 01 Oct 2010 20:37:00 GMT

Habitual Traffic Offender/HTO

Michael Mirer — Wed, 30 Jun 2010 19:10:00 GMT

If you have been arrested as a Habitual Traffic Offender and charged with an "HTO," be advised that this is a third degree felony. Any third degree felony is punishable by up to 5 years in state prison. In Florida, the Department of Motor Vehicles can designate a driver as Habitual Traffic Offender. Once a driver is designated as an Habitual Traffic Offender, the drivers license is suspended for 5 years. Many times, an individual will be classified as a Habitual Traffic Offender without realizing that their license has been suspended. For example, a driver can become a Habitual Traffic Offender simply for paying a civil traffic fine or driving on a suspended license without knowledege.

As a former Miami prosecutor, I can assist those who have been designated as Habitual Traffic Offenders in various ways. For example, I may be able to vacate a prior guilty disposition that may have contributed to the HTO status. For a free consulatation, please contact criminal defense attorney Michael Mirer.