Fort Lauderdale criminal defense lawyer

October 2, 2019

Watch What You Post or Say Online

The internet and social media have facilitated communication around the world immensely. However, with the greater reach of communication, there is greater scrutiny on what is and isn’t considered free speech. While certain speech is protected regardless of whether a person says it or posts it, some speech is not protected and may lead to prosecution.

Threats to commit bodily harm or kill someone, for example, are not considered free speech, whether it’s posted online or sent via a letter. This may also include hate speech which crosses the line into a threat. It is also illegal to make false reports or make a firearm threat against a group of people.

Another type of online crime that has emerged is sexual cyber harassment, which includes posting explicit images of someone without their consent. The crime is informally known as “revenge porn”. Even if a former spouse or love interest intentionally shared the explicit images, it is illegal to post them.

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October 2, 2019

When Police Want Your Smartphone

by Mark Eiglarsh

Our cell phones contain a lot of personal information, from credit card numbers to our bank info, photographs, text messages, call logs, and more. Should all of this information fall into the hands of the wrong person, it may be used against an individual.

A part of the Miranda rights states a suspect has the right to remain silent. But what about smartphones? Can your phone “speak on your behalf”? Are law enforcement officers allowed to force you to turn over your phone and online records?

The simple answer to this is no, a police officer cannot simply seize your phone. Since your phone belongs to you, a warrant is required for an officer to seize it or look at it. The same thing applies for access to phone records from your wireless provider.

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September 30, 2019

New Florida Laws Will Soon Go into Effect

by Mark Eiglarsh

Next week, several new laws will go into effect in Florida. Among these new laws is the expansion of the state’s texting while driving law. Motorists will be prohibited from using their wireless mobile devices while they are driving through designated school crossings, a school zone, or a construction/work zone. This means drivers are not allowed to even hold their phone or mobile device while driving through these zones.

In addition to the expansion of the texting while driving law, two additional laws are worth mentioning. SB 1080 is aimed at the issue of hazing in universities. Individuals who plan hazing acts or solicit others to participate in hazing may be charged with a third-degree felony if the hazing ends in permanent injury. The bill would also grant immunity to individuals who call security on campus or 911 to request medical assistance due to a hazing incident.

SB 96 would upgrade killing or causing great bodily harm to police, fire or search-and-rescue dogs or police horses from a third-degree to a second-degree felony. The bill would also increase the maximum jail sentence from five to fifteen years.

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September 30, 2019

When Driving Drunk Leads to a Fatality

by Mark Eiglarsh

Anyone who gets behind the wheel when they are impaired is running the risk of being charged with driving under the influence (DUI) as well as putting their lives and those of others at risk. Though a DUI has serious penalties which include having a license suspended, fines, or spending time in jail, a fatality due to drunk driving comes with even more serious implications. A driver may be charged with what’s called DUI manslaughter if a person or even an unborn child passes away due to the driver’s actions.

In Florida, DUI manslaughter is considered a second-degree felony. The charge may be escalated further based on factors such as the number of victims, the driver’s recorded blood alcohol concentration (BAC) level following the crash, and the driver’s possible criminal or driving record, to name a few. Should the driver be convicted of DUI manslaughter, he or she may be sentenced to at least four years in state prison.

This update is published by The Law Offices of Mark Eiglarsh, a F ort Lauderdale criminal defense lawyer. Areas of practice include criminal defense, white collar crimes, drug crimes, fraud, DUI, sex crimes, domestic violence, and more. With over two decades of experience, Mark is committed to obtaining the best possible outcome for his valued clients under difficult circumstances. For more information or to schedule a consultation, please call 954-500-0003 in Broward or 305-674-0003 in Miami.

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