Schwartzreich & Associates, P.A.

Pre-charge advocacy: retaining counsel before a white-collar indictment in Florida

2026-06-25T21:31:50Z

Most people assume the time to hire a criminal defense attorney is after an arrest. In white-collar investigations, that assumption can cost a defendant their best opportunity to shape the outcome of the case. Within the South Florida financial corridors, white-collar offenses include healthcare fraud, corporate tax evasion, securities violations, and bank fraud. These investigations carry serious legal exposure, and unlike street crimes where an arrest is immediate, federal white-collar prosecutions develop quietly over months. State authorities and federal agencies, including the FBI, IRS Criminal Investigation (IRS-CI), and the SEC, often spend significant time building an evidentiary record before a target is ever made aware of the inquiry.

Recognizing the warning signs

Corporate executives and business owners sometimes compromise their own defense by failing to recognize the early indicators of an active investigation:

The target letter: Issued by a United States Attorney's Office, a formal target letter advises the recipient that the government has identified them as a target of a grand jury investigation. Receiving one requires immediate legal counsel.
Unannounced agent visits: Investigators frequently conduct early-morning visits to a subject's home or workplace, often framing the conversation as an informal attempt to clarify details.

There is no such thing as a casual conversation with a federal agent during an active investigation. Every question is designed to establish a factual record. An ambiguous or inconsistent statement can lead to a separate charge for making a false statement to a federal officer, regardless of whether the underlying fraud allegation is ever proven.

The strategic value of pre-charge representation

Retaining experienced defense counsel during the investigative window significantly changes the trajectory of a case. Once an attorney enters the representation, investigators are expected to direct further contact through counsel rather than approaching the subject directly. Beyond controlling communication, skilled pre-charge counsel can deploy forensic accountants to conduct an independent audit, identify compliance issues, and present a defense proffer directly to the assigned Assistant U.S. Attorney. In complex regulatory matters, this early intervention can shift the conversation away from criminal indictment toward civil resolution, a deferred prosecution agreement, or a pre-indictment diversion program that preserves both liberty and professional licensure. Acting before a grand jury returns an indictment preserves options that disappear once formal charges are filed. An experienced Florida white-collar defense attorney can evaluate the current state of any inquiry and implement a strategy from the earliest possible stage.

What is a sentencing scoresheet in a Florida felony case?

2026-06-15T22:13:34Z

The sentence imposed after a criminal conviction can be substantially different from one case to the next. Florida state statutes provide guidelines regarding the minimum and maximum sentences possible for different offenses. Some of the sentencing process is also left to the discretion of the courts. Judges and juries learn about potentially mitigating factors that reduce the criminal culpability of a defendant. They may also hear about aggravating factors that may make a particular criminal offense more serious than other crimes of a similar nature. Those facing felony charges are often at risk of particularly serious penalties. The state’s sentencing scoresheet plays an important role in determining the final sentence imposed after a criminal conviction in Florida.

What is a sentencing scoresheet?

Florida provides a multi-page document that allows for the clear assessment of various factors that influence the final sentence imposed. The sheet has space for outlining information about related criminal charges and prior criminal convictions. There is also a section to outline any injuries sustained by victims, as well as information about escape attempts or any failure to appear in court. The state can add points for those already on probation and for those accused of a crime with a serious prior felony conviction. There are also aggravating factors that can lead to the state applying a multiplier to the number calculated. These details receive a numerical value, which in turn influences the sentence points. If the number of sentence points is below a specific threshold, the courts must impose a sentence of probation. If the points are above that threshold, they may determine whether the defendant serves their sentence in state jail or prison. Judges do typically have the authority to impose a sentence below the one recommended by the sentencing scorecard, so long as they do not reduce the sentence below any mandatory minimum sentence rules that apply. Those concerned about a sentence that the courts might impose after a felony conviction may need help understanding how details about their own record and the allegations against them could alter the sentence ultimately imposed by the courts. Discussing the unique circumstances of a pending criminal charge with an experienced Florida defense attorney can help people understand how the state’s sentencing scorecard might ultimately affect the sentence handed down by the courts.

Trenton’s Law significantly changes DUI and BUI penalties

2026-05-14T11:38:16Z

Florida is a state that’s known for outdoor activities and tourism. This means that many people in the state travel in vehicles and get on the water in boats. What some people may not realize is that Florida law takes a tough stance on driving a boat or vehicle while under the influence. Trenton’s Law, which is named after the victim of a fatal crash caused by a repeat drunk driver, increases the penalty for driving under the influence (DUI) and boating under the influence (BUI) if a person has a prior conviction. Understanding the changes that come with this law is critical for anyone driving or boating in Florida.

Trenton’s Law covers more than just alcohol

One of the primary misunderstandings about this law is that it covers more than just alcohol. It comes into the picture for any substance that negatively impairs a person’s ability to drive safely. It also covers more than just the act of driving. Trenton’s Law makes it a crime to refuse a lawful breath or urine test after a DUI arrest. Even if this is the person’s first refusal, it can become a criminal matter. Repeat refusals are considered high-level misdemeanors. The law also increases the penalties for individuals who are convicted of BUI or DUI if they have a prior conviction. For example, a person who is convicted of BUI or DUI, vehicular homicide or manslaughter faces 15 to 30 years in prison if they have a prior conviction. Because this law covers BUI, which is often overlooked, it’s critical for people getting out on the waterways to understand that boating has the same requirements as driving. Being stopped by marine patrol follows many of the same steps as vehicular drunk driving stops. Anyone who’s accused of BUI or DUI should learn about their rights and defense options. For example, a case involving a refusal to test may include raising questions about the wording, timing and circumstances of the test refusal warning. Working with someone who understands Florida laws and the ways these cases are handled may be beneficial for defendants.

Asset forfeiture creates a ‘two-front war’ for drug defendants

2026-05-02T23:50:07Z

People facing drug charges are often primarily concerned about possible criminal penalties in the event of a conviction. They don’t want to go to jail or live with a criminal record. They retain a criminal defense lawyer to evaluate the state's case, suppress evidence and fight the charges they face. However, the defendant faces more than one source of legal risk. The state may attack on two separate fronts. In addition to pursuing criminal charges, the state may seek to seize resources associated with the production or distribution of drugs. They can also seize assets acquired with revenue from illicit drug activity. Defendants facing drug charges may need help responding to attempts to seize their property in addition to fighting the charges they’re facing.

Convictions aren't necessary for asset forfeiture

Both federal and state statutes allow law enforcement agencies to seize resources related to drug trafficking or manufacturing. In fact, both federal drug statutes and Florida civil asset forfeiture laws potentially allow law enforcement agencies to seize private property even if an individual never gets convicted of a drug offense. Civil asset forfeiture proceedings are separate from criminal charges. The state faces a much lower evidentiary burden when seizing property. Instead of proving beyond a reasonable doubt that the assets related to drug trade in some meaningful way, the state only needs to validate that a preponderance of the evidence supports the presumption that people used assets for drug-related criminal activity or acquired those assets with the revenue generated through drug-related crime. Defendants preparing for a criminal case may also need to discuss the risk of the state seizing their vehicle, home, business equipment or cash as part of civil asset forfeiture proceedings. Police officers may have seized certain assets at the time of their arrest. Even if they defeat their criminal charges or the state dismisses the charges against them, they may still need to go to court to seek the return of their resources and prevent the permanent forfeiture of valuable property. Those facing multiple legal consequences of pending drug charges need the assistance of an experienced criminal defense attorney. Consulting with a lawyer can help those facing civil asset forfeiture due to pending drug charges protect their resources, and can fight to protect their freedom.

Jailed without charges: Florida’s new speedy trial rules

2026-05-01T13:50:22Z

If you are arrested in Florida, one of the first questions you may have is how long the state can hold you without formally charging you. Under Florida’s updated speedy trial rules that took effect in mid-2025, the answer to this concern can be complicated—and, in many cases, less protective of defendants than related rules were before. One of the biggest changes is when the speedy trial clock actually starts. Under the new rules, the timeline no longer begins at the time of arrest. Instead, it begins when formal charges are filed, such as an information or indictment. This means a person can be arrested and held, or placed on pretrial release, without triggering the traditional speedy trial deadlines right away. The updated rules do place one important limit on prosecutors. In many cases, the state now has up to 60 days to file formal charges if the person is on pretrial release. However, this does not necessarily guarantee release or dismissal if charges are delayed, and the exact timing of one’s case may depend on custody status and case details.

What does this mean in the aftermath of an initial hold?

Once formal charges are filed, traditional trial deadlines apply. Generally, the state must bring a misdemeanor case to trial within 90 days and a felony case within 175 days. If those deadlines pass, a skilled defense attorney can file a Notice of Expiration of Speedy Trial. The court must then hold a hearing within a few days, and the state is given a 30-day “recapture period” to bring the case to trial. If the state still fails to act within that recapture period, the case may be dismissed. However, under the new rules, dismissal is usually entered without prejudice, meaning prosecutors can refile the charges and restart the case. A permanent dismissal is only possible if one’s constitutional right to a speedy trial has been violated, which is a much higher standard. In practical terms, the 2025 changes give prosecutors more flexibility and can result in longer periods before a case is formally charged or resolved. That is just one reason why it is important to have a defense lawyer monitoring timelines, filing the appropriate notices and preserving a defendant’s rights at every step along the way.

Understanding Florida’s Stand Your Ground law

2025-10-22T14:01:14Z

Faced with a sudden threat, fear can take control faster than reason. In a dangerous moment, you do not have time to debate the best response — you act to protect yourself or someone you love. Florida’s Stand Your Ground law recognizes that reality. A recent case in Bradenton shows how this law can protect someone who used force in self-defense, even when the situation turned violent and messy.

Understanding how the defense worked

Kevin Armstrong was accused of aggravated assault after a gunfight that injured both him and his girlfriend. But the judge dismissed the charges under Florida’s Stand Your Ground law, finding that Armstrong’s fear of harm was reasonable. The judge even noted that while Armstrong’s actions were not the “wisest,” the law does not require perfection. Rather, the key requirement is that a person reasonably believes deadly force is necessary to avoid being killed or severely injured. Armstrong said two men had threatened to kill him and later showed up armed outside his home. When he fired a warning shot, they returned fire. The judge ruled that because Armstrong was in his home and faced armed aggressors, his decision to defend himself met the legal standard for immunity.

What this means in criminal charges

If someone accused you of a violent crime after acting in self-defense, you may feel as if your life is over before the trial even starts. But Florida’s Stand Your Ground law may give you immunity from prosecution when the facts show you had a lawful right to protect yourself. A Stand Your Ground motion may apply if:

You were in a place you had a legal right to be, such as your home or vehicle.
You reasonably believed you were in imminent danger of death or serious injury.
You used or threatened force only to prevent that danger.
You did not provoke the confrontation or continue using force after the threat ended.

Even when you believe you acted to survive, proving it under Florida law takes skill and preparation.

Protecting your future

Every self-defense case turns on its facts, and judges do not take these motions lightly. If you are facing charges after defending yourself or someone else, talk to a defense lawyer who understands how Stand Your Ground works — and how to use it to protect your rights and your future.

What are common strategies used in appeal cases?

2025-10-22T13:57:10Z

Filing an appeal after the conclusion of a criminal court case isn’t like getting a second trial. Instead, an appeal is a chance to have certain legal issues addressed even though the case has concluded. Not every criminal case will have an element to appeal, so it’s critical to thoroughly review a case before launching an appeal.

When an appeal is filed, new evidence isn’t introduced. The appeal will focus on how the law was applied during the case. Because of this, appeals are largely based on written arguments and legal interpretations. In very limited cases, the appellate court will allow oral arguments. When that occurs, there is typically a strict time limit.

Pinpoint the strong challenges

Appeals aren’t heard by juries. Instead, they’re heard by judges, which means that being able to pinpoint the strongest challenges is critical. The legal arguments must be strong, precise and valid. There are a host of issues that can lead to an appeal. Some of these include:

Legal misconduct
Exclusion of evidence
Judicial misconduct
Improper jury instruction
Witness tampering
Misapplication of the law

Other reasons can also apply, but they must be strong in order to launch an appeal. It’s necessary to go through every facet of the case to ensure every instance and issue with the case is documented in the appeal.

Include proper citations

Citing the record and ensuring that the briefings are comprehensive are important when a case is appealed. Any legal error, misconduct or other point being challenged should include case citations to show the precedent to the judge.

Ideally, these will be mandatory precedents and primary authority sources, but persuasive precedents and secondary authority sources can be used in some cases. The closer the citations are to the original opinion and jurisdiction, the stronger the appeal.

Appeals can be challenging, but they must be handled precisely. It’s critical to have someone on your side who’s familiar with these matters, including the process for appealing. Time limits apply to appeals, so they must be filed quickly, which may be easier if you have legal assistance.

Florida has strict mandatory minimum sentences for drug charges

2025-10-22T13:58:03Z

Florida has very strict laws regarding drugs, and it has some of the strictest mandatory minimum sentences for drug convictions. A mandatory minimum sentence means that the court can’t go below the set standard, so that reduces the opportunity for discretion in these cases. Mandatory minimum sentences are said to provide an incentive to prevent people from committing these crimes. The issue with them is that the court can’t consider a person’s probability of rehabilitation. It can also be used by prosecutors as a point to encourage defendants to accept a plea deal that might not involve the mandatory minimum sentence.

Examples of mandatory minimum sentences

The mandatory minimum is based on the charge the person is convicted of. In some cases, previous convictions of the crime and the circumstances of the crime will also invoke a mandatory minimum sentence. One common example of a mandatory minimum sentence is a conviction for trafficking oxycodone. A person who has 7 to 14 grams of oxycodone faces a minimum of three years in prison and a fine of $50,000. If they have 14 to 25 grams, that increases to 15 years in prison and a fine of $100,000. Marijuana trafficking is another example. Possessing between 25 and 2,000 pounds, or 300 to 2,000 plants, can mean a mandatory minimum of three years in prison and a $25,000 fine. Another example involves cocaine trafficking. Possessing between 28 and 200 grams carries a mandatory minimum prison sentence of three years. If the amount is between 200 and 400 grams, the sentence jumps to a minimum of seven years in prison. Larger quantities can carry 15 years or more of mandatory time. Defendants who are facing any criminal charge that has a mandatory minimum sentence should understand exactly what they’re facing. They should ensure that they have someone familiar with these matters. They can go over the options that are present and discuss how each may impact the mandatory minimum sentence. From there, you can determine how to proceed with your defense strategy.

Florida’s Stand Your Ground law expanded to include animals

2025-10-22T13:57:50Z

Florida's "Stand Your Ground" law, enacted in 2005, allows individuals to use force, including deadly force, to defend themselves without the duty to retreat if they believe they are in imminent danger of death or serious harm. This law applies to situations where a person is legally allowed to be and feels threatened. Unlike some states that require individuals to attempt to escape the danger first, Florida's law permits standing your ground and using force if necessary. The law has sparked significant debate. Supporters argue that it empowers law-abiding citizens to protect themselves without hesitation in dangerous situations. They believe it deters crime by ensuring potential victims can defend themselves effectively. However, critics argue that the law can lead to unnecessary violence and may be misused to justify aggressive actions. They also point out that it can result in uneven application, potentially influenced by racial biases.

A 2024 court case involved a pit bull

In 2024, a case tested the boundaries of the Stand Your Ground law. Cassanova Gabriel was walking his Chihuahua when a large pit bull approached them aggressively. Gabriel tried to fend off the pit bull by kicking it and firing warning shots, but when the pit bull continued to attack, he shot and killed it. Gabriel was subsequently charged with crimes, including cruelty to animals. Gabriel sought immunity under the Stand Your Ground law, arguing that he acted in self-defense to protect himself and his dog. Initially, a Palm Beach County circuit judge denied his request for a Stand Your Ground hearing, stating that the law did not apply to animals. However, a three-judge panel of the 4th District Court of Appeal overturned this decision, ruling that the Stand Your Ground law could apply to cases involving animals if the person reasonably believes they are in imminent danger. The case then went back to the lower court.

Implications for future cases

This ruling seems to contradict a 2021 case also in Palm Beach County that involved a man kicking and killing an iguana. The man, who the animal bit, pled guilty to cruelty to an animal and served nine months in county jail. The 2024 ruling in Gabriel's case sets a significant precedent for future legal cases involving dangerous animals. By extending the Stand Your Ground law to include self-defense against animals, the court has broadened the scope of the law. It means that individuals who feel threatened by aggressive animals may now have legal grounds to use force in self-defense without the threat of facing criminal charges.

What do I need to know about DUI manslaughter charges in Florida?

2025-10-22T13:57:23Z

Imagine driving home after an evening out when suddenly, a tragic accident occurs, and even though you believe you were not impaired, you find yourself facing allegations of DUI manslaughter. In Florida, the consequences of such charges are severe and life-altering. As such, it is important that anyone who finds themselves or a loved one facing these allegations understands the legal landscape so they can move forward wisely.

#1: The definition of DUI manslaughter in Florida

DUI manslaughter in Florida applies when an individual causes a death while operating a vehicle under the influence of alcohol or drugs. It is a second-degree felony, but the nuances of each case can significantly affect the severity of the penalties. Penalties for DUI manslaughter generally include up to fifteen years imprisonment and $10,000 in fines. The driver also faces the permanent revocation of their driver's license.

#2: Potential defense strategies

The right approach can significantly impact the outcome of the case. Examples that may apply to your case can include:

Challenging the accuracy of blood alcohol content (BAC) tests. This strategy involves questioning the calibration and maintenance of the testing equipment and examining the protocols followed during the testing process.
Proving lack of impairment. In some cases, it can help to present evidence of your condition and behavior at the time of the accident as well as witness testimony and video footage to establish sobriety.

Each defense strategy requires thorough investigation and legal representation with experience in this area of criminal law to help better ensure accurate representation of evidence and the preservation of your legal rights. The penalties DUI manslaughter charges in Florida are severe, making it imperative to understand both the charges and the available defenses. It is important those who find themselves in this situation act swiftly to begin building a defense to the allegations. Fighting back with a strong defense is not only about protecting your freedom but also about safeguarding your future.