Domestic Violence in Florida

In Florida, domestic violence is defined as any assault, battery, aggravated assault or battery, kidnapping, false imprisonment or other criminal offense committed by a household or family member that results in the injury or death to another household or family member. The definition of a household member can include a spouse, former spouse, person related by blood or marriage, people ... Read More

COVID-19 and Criminal Charges in Miami-Dade

During the COVID-19 pandemic, keeping your business open in violation of an Emergency Order may mean criminal charges in Miami-Dade. On March 12, 2020, Mayor Carlos A. Gimenez issued an Executive Order declaring a State of Emergency in Miami Dade County in response to coronavirus (COVID-19). Soon after, the Mayor signed an Emergency Order to shutdown all on-site services many commercial businesses ... Read More

Constitutional Rights of the Accused

At Traibel Fleming, we believe in the constitutional principles of our criminal justice system: That a person accused of a crime is presumed innocent, and that the burden is on the government to prove guilt beyond a reasonable doubt. The Constitution of the United States guarantees five important constitutional rights to every person accused of committing a crime. These rights are: ... Read More

T|F Obtains Dismissal of Criminal Charges

Contrary to popular belief, not every individual who faces criminal charges will proceed to trial or accept a plea agreement. Some cases end up being dismissed, by the prosecutor or the court. Dismissal of criminal charges occurs because there is insufficient evidence for the case to continue. Diego Traibel and Abigail Fleming of Traibel Fleming successfully represented a defendant charged by the ... Read More

How to Seal a Criminal Record in Miami

Having a criminal record can have serious consequences. In Miami and Fort Lauderdale, a record of an arrest and a conviction will severely limit an individual’s life. A criminal record tarnishes the reputation of an individual and limits not only his career options, but also his ability to rent an apartment, get a job or a license, and in some cases ... Read More

How To Get Your Driver’s License Back After a DUI Arrest in Miami

After a DUI arrest, time is of the essence. Why? Because when an individual is arrested on suspicion of a DUI, the arresting police officer confiscates the driver’s license. As a result, the license is suspended, and the individual loses all driving privileges. When a person takes a breathalyzer test and the blood-alcohol level is at least .08, the Florida … Read More

What happens after a DUI arrest in Miami?

Miami is an international city known for its beautiful beaches, vibrant diversity, and all-night parties. Because of the famous Miami party scene, police departments all around South Florida actively patrol for drunk drivers, knowing that one is bound to drive by. If you have been arrested for DUI in Miami or Broward, it is in your best interest to contact … Read More

Aggravated Assault Arrest: What Is It and How to Defend It

Florida Statutes define an aggravated assault as: an assault (a) [w]ith a deadly weapon without intent to kill; or (b) [w]ith an intent to commit a felony.” Fla. Stat. § 784.021 (2000). It is important to note that a deadly weapon is not always a firearm or knife. A deadly weapon is an item which, when used in the ordinary … Read More

Simple Battery in Miami is Not so Simple

A simple disagreement can quickly lead to physical confrontation, which is why Florida courts see their fair share of battery cases. A battery can occur from something minor, such as simply touching someone’s shoulder. Under Florida Statute 784.03(1)(a), the offense of simple battery occurs when a person: (1) actually and intentionally touches or strikes another person against the will of … Read More