Michael A. Gottlieb, P.A.Michael A. Gottlieb, P.A.2026-10-16T09:07:13Zhttps://www.browardcriminallawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1204308/2023/02/cropped-favicon-32x32.jpgOn Behalf of Michael A. Gottlieb, P.A.<![CDATA[3 common misconceptions about BAC tests]]>https://www.browardcriminallawyer.com/?p=478082026-10-13T05:49:53Z2026-10-13T05:49:53ZLike other states, Florida has BAC limits for drivers. A driver could face criminal charges, jail time and fines if their BAC exceeds the legal limit of 0.08%. A driver who exceeds the BAC limit of 0.15% could face even harsher criminal punishments. Since most drivers understand the risks of drinking and driving, there are lot of "tall tales" out there about how to get around the law. Unfortunately, too many drivers rely on popular fictions to their detriment. Here are three myths that -- if you believe them -- can get you arrested.
Myth #1: Mouthwash can hide the alcohol
A breathalyzer is a BAC test that determines a driver’s BAC from the air in their lungs. A driver may try to use mouthwash to hide the smell of alcohol on their breath before taking a breathalyzer, thinking that will help. However, a breathalyzer does not test for the smell of alcohol. Using mouthwash to hide the smell of alcohol can even create a higher BAC score, because some mouthwashes contain alcohol as an active ingredient.
Myth #2: Coffee can get you sober faster
Many people believe that coffee can sober them up faster than normal. However, coffee cannot reduce a person’s BAC. Only time will eventually change the blood-to-alcohol ratio in someone's system. Coffee can help a driver feel more alert, but that may simply help them deceive themselves into believing they are not impaired.
Myth #3: You can trick a breathalyzer with a penny
There's long been a persistent myth that sucking on a penny when you take a breath test can "fool" the breathalyzer -- but that's absolutely untrue. The metal in the coin does not actually interfere with the breath test. Plus, it's unlikely that anybody could put a penny in their mouth and keep it there while taking the test without the officer observing.
You do not have to let a criminal charge destroy your life. Professional legal guidance can help you build a defense against drunk driving charges. ]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Trial vs. Plea in Florida Criminal Cases: What Actually Drives the Decision]]>https://www.browardcriminallawyer.com/?p=478052026-10-06T13:29:40Z2026-09-30T15:07:59ZEvaluating a plea offer while your future remains uncertain can feel overwhelming. You may worry that a deal surrenders a fair fight, or that trial carries greater risk. This article examines the principal factors that influence this decision in Florida.
Why this choice matters
Most criminal cases conclude with a plea agreement, and many agreements produce reasonable results. Accepting a plea generally means surrendering your right to challenge the prosecution's evidence. A judge evaluates each plea and may decline to approve it. At trial, the prosecution must establish its case beyond a reasonable doubt.
Factors that can shape your decision
Every case carries its own facts and risks. Several points may help you compare a plea offer with a trial:
Strength of the evidence: Weak or inconsistent proof may favor trial
Sentencing exposure: A trial conviction could bring a harsher sentence than an offer
Collateral consequences: A conviction can affect immigration status, employment and licenses
Prior record: Earlier convictions may change your sentencing score
Each factor may carry more or less weight in your case.
How Florida sentencing can raise the stakes
Florida uses a felony sentencing points system underFlorida Statutes § 921.002. Points reflect the severity of the offense and your criminal history. A total exceeding 44 points may require a state prison sentence. A judge may depart downward only with a valid mitigating reason under Fla. Stat. § 921.0026. A scoresheet may reveal your probable range before you respond to an offer.
What should not drive your choice
External pressure can cloud your judgment during plea negotiations. These pressures should not determine the outcome:
Rushed deadlines: A short offer window should not force a premature decision.
Fear of the court: You have the right to request a trial.
Desire for quick relief: Ending anxiety now could cost you more later.
Reviewing discovery and suppression issues beforehand may clarify your perspective.
Making a clear choice about your case
The right choice depends on your evidence, your sentencing exposure and the lasting effects of a conviction. Learninghow these cases move through court may help you ask better questions. This matters because a plea may be hard to undo once a judge accepts it. If your situation becomes more complicated, an attorney can help you understand your options.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Can an assault be charged as a felony in Florida?]]>https://www.browardcriminallawyer.com/?p=477942026-09-28T16:22:47Z2026-09-28T16:22:47ZYes. Felony assault charges may arise from conduct that poses heightened danger, significant harm or the use of specific aggravating factors under Florida law.
Upon conviction, assault cases come with substantial penalties. The stakes climb quickly once an incident crosses the threshold from a misdemeanor to a felony. Those accused must know how Florida defines and prosecutes these offenses to respond effectively and build a strong defense.
Factors that elevate assault charges
Florida designates certain circumstances that automatically increase the severity of an assault charge. They focus on the level of harm suffered, the use of weapons and the vulnerability of the person involved.
Use of a deadly weapon like a firearm or a knife capable of causing serious injury.
Intent to commit a serious offense such as home invasion or kidnapping.
Assault against a protected individual like a law enforcement officer, a firefighter or an emergency medical technician.
In assault cases involving factors like these, Florida courts treat them with greater seriousness.
When battery becomes a felony
Battery charges escalate based on the nature of the contact and the resulting injury. In Florida, these conditions can transform a simple battery into a felony offense and trigger enhanced penalties.
Causing great bodily harm
Causing permanent disability
Causing permanent disfigurement
A felony assault or battery charge requires immediate and informed legal action to help improve your situation.
Gather all documents or messages connected to the incident
Follow all release conditions
Acting quickly and wisely protects your legal interests while the case proceeds and sets the stage for an effective, fact-based defense. ]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Why wouldn’t a defendant get bail?]]>https://www.browardcriminallawyer.com/?p=477922026-09-17T17:23:04Z2026-09-17T17:23:04ZIn many cases, the court will hold someone after an arrest, but they will set bail. Once the bail is announced, the individual has the opportunity to post payment, and they may be released if they do so. If they are unable to post bail, then they will be held in jail until their case moves forward, but bail gives a person a chance to go through the typical waiting period at home, rather than behind bars.
But in some cases, the court declines to set bail and says that the person has no choice but to be held in custody. This can happen even if they claim that they are not guilty and have done nothing wrong. Why would the court make this decision?
The court believes the defendant is a flight risk
One potential reason is that the court believes the person may try to flee the country to escape the criminal process. For instance, maybe the person has family members overseas and often travels outside of the country. Their family lives in a country that will not extradite criminals to the United States. The court may be worried that they will try to avoid trial entirely by simply returning home, so they believe that it is not possible to release that person on bail. They will simply forfeit the bail money to escape the trial.
The court believes there is a risk to the public
The court also considers the severity of a crime, especially if it could constitute a risk to the general public. Many people who are arrested on suspicion of violent crimes, such as first-degree murder, are going to be held in custody with no option to post bail. The court does not want to release someone who could theoretically harm another individual while waiting for their trial.These are just two of the reasons that the court may decide not to set bail. It is very important to understand how the criminal justice system works and what steps need to be taken, and it can help to work with an experienced defense attorney.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Does Florida have Romeo and Juliet laws?]]>https://www.browardcriminallawyer.com/?p=477892026-09-11T13:23:47Z2026-09-11T08:33:41ZHow age limits apply in statutory cases
In Florida, the legal age of consent is 18 years old. Sexual contact with anyone under 18 years old can result in severe felony sex offense charges. Believing a minor was older than their actual age is not a valid defense in court.
Under state law, sexual activity with a 16- or 17-year-old minor is not illegal if the other participant is under 24 years old. When a case involves minors under 16 years old, criminal penalties apply unless specific age gap exemptions apply under registry relief rules.
Requirements for sex offender registry relief
Young adults convicted of statutory offenses can ask a judge to clear them from public sex offender listing requirements. Based on an official Florida Senate interim report, getting approval for this relief requires meeting four strict standards:
The minor was between 13 and 17 years old at the time of the act
The age difference between the participants was four years or less
The minor joined in the relationship willingly
The defendant has no prior criminal record for sexual offenses.
Meeting these conditions does not automatically wipe away jail time or probation sentence requirements. A judge must review the court petition to decide if granting relief serves the public interest.
Legal counsel protects future opportunities
A criminal record for a statutory offense creates permanent hurdles for college and job applications. Speaking with an experienced defense attorney helps ensure proper filing of court paperwork and preserves every statutory defense.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[What is an accessory to a crime in Florida?]]>https://www.browardcriminallawyer.com/?p=477882026-09-01T19:47:14Z2026-09-01T19:47:14ZHelping before or during the crime
If you encourage or assist someone in committing a criminal offense, you can face the same charges they face – just as if you were the principal actor. This is true even if you are not physically present when the crime occurs.
Simply knowing that another person plans to commit a crime is generally not enough to make you an accessory, nor is your mere presence at the scene when the crime occurred. Evidence of intentional participation or assistance is usually required.
For example, imagine that your best friend is planning a bank robbery. You help them figure out the steps to take and procure a gun, or you give them information they need to time the robbery. That would likely make you an accessory before the fact. If you act as a lookout, you would be an accessory during the fact. In either case, you could face the same charges and potential sentence as your friend.
Helping after a felony-level crime has been committed
Florida law also generally prohibits knowingly helping someone who has committed a felony-level crime avoid arrest or punishment. Doing so makes you an accessory after the fact.
Imagine, again, that your best friend robbed a bank – but this time you only find out when they approach you after the robbery. Some actions that might qualify for charges include:
Helping your friend hide from the police until the search dies down
Providing transportation to help your friend get out of the area
Allowing your friend to hide their stolen cash on your property
Lying to the police to give your friend an alibi or to send the police in the wrong direction
The law does provide exceptions for certain close relatives under very specific circumstances. However, these exceptions do not protect a family member in every case, especially in cases involving child abuse, child neglect or the death of a child.
Anyone accused of helping another person commit a crime or evade justice should avoid giving any official statements about the situation to the police before obtaining legal guidance.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Is reliance on an accountant a defense to tax fraud charges?]]>https://www.browardcriminallawyer.com/?p=477812026-08-15T22:20:11Z2026-08-15T22:20:11ZGood-faith reliance can be a way out
Good-faith reliance on a qualified accountant can be a defense to certain federal tax fraud charges because the government must generally prove that tax evasion was a result of willfulness on the taxpayer’s part. Anyone who honestly followed professional advice may not have acted with the criminal intent necessary for a conviction.
The taxpayer must make a full disclosure
Simply saying, “My accountant did it,” is not enough for a defense. Accountants can only provide reliable guidance when they have accurate information. A taxpayer seeking to establish good-faith reliance must usually show that they disclosed all relevant information, including income, business transactions, assets and expenses. A good-faith reliance defense would not be possible if the taxpayer:
Concealed income from the accountant
Supplied false or altered records
Failed to disclose offshore accounts or cash payments
Invented personal expenses and characterized them as business deductions
A taxpayer also cannot ask an accountant to prepare a return using questionable figures and then avoid responsibility by signing it.
The surrounding circumstances can help determine whether the taxpayer truly relied on the accountant. Investigators may examine emails, financial records and conversations between the taxpayer and the tax professional. They may also consider the accountant’s qualifications, the advice provided and whether the taxpayer followed that advice.
Tax returns can contain errors without anyone committing a crime. An accountant may misunderstand a transaction, apply a rule incorrectly or enter the wrong number. Negligence and poor recordkeeping can lead to additional taxes, interest or civil penalties, but they do not necessarily establish purposeful tax fraud. Anyone facing an IRS criminal investigation should seek legal guidance immediately as a result.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[What behavior is considered bank fraud according to federal law?]]>https://www.browardcriminallawyer.com/?p=477712026-08-02T22:03:20Z2026-08-02T22:03:20ZWhat is federal bank fraud?
Federal bank fraud involves knowingly carrying out or attempting to carry out a scheme to defraud a financial institution or to obtain money, assets or property under the bank's control through false or misleading representations.
The offense is governed by federal law because it affects federally insured banks and the nation's financial system. Examples of conduct that may attract federal charges include:
Submitting false information on a loan or credit application
Depositing counterfeit or altered checks
Using stolen identities to open bank accounts or obtain loans
Creating fake financial documents to qualify for financing
Participating in mortgage or business loan fraud
Check-kiting schemes that artificially inflate account balances
Working with others to deceive a financial institution for financial gain
Not every banking mistake is a crime. Federal prosecutors must show that the person acted knowingly and intended to deceive the financial institution.
Does intent matter?
Intent is one of the most important issues in a federal bank fraud case. For example, an honest accounting error or accidental omission on a financial document is not automatically bank fraud.
On the other hand, intentionally providing false income information to secure a loan or hiding significant financial facts to obtain approval could support criminal charges if prosecutors believe there was a deliberate effort to mislead the bank.
If you believe you are under investigation or have already been charged with federal bank fraud, seeking legal guidance as early as possible can help to protect your rights.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[What should you know if your loved one is arrested in Florida?]]>https://www.browardcriminallawyer.com/?p=477702026-07-27T14:01:12Z2026-07-27T14:01:12ZBail is a financial guarantee that a person will appear for their court dates and comply with the conditions set by the court after being released. This isn’t a final decision about whether the person is innocent or guilty. It’s sometimes possible to be released without having to pay anything, which is known as being released on their own recognizance. Some people may not be eligible for bail at all.
How is bail decided?
The court will consider several factors when determining a bail amount. They may include the type of charge, any prior failure to appear charges, criminal history or ties to the community. Public safety concerns are also a factor when bail is set. Typically, more serious charges or violent charges will have higher bails or no bail at all.
What conditions might be set at release?
Bail often comes with conditions, such as no contact orders, firearm restrictions or travel restrictions. These are set by the court, and they aren’t negotiable. Violating conditions of release can lead to new charges, bail revocation or stricter supervision. This can happen even if the original case has not yet been resolved.
Getting out of jail is only one consideration after someone is arrested. Learning about defense options and potential outcomes is a necessary next step. Thankfully, seeking personalized legal guidance is always an option.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[How actions during an investigation could result in more charges]]>https://www.browardcriminallawyer.com/?p=477612026-07-12T02:53:39Z2026-07-12T02:53:39ZTampering with evidence
Destroying evidence, throwing it away or even just altering it could lead to a charge of tampering with evidence. For the charge to stand, the prosecution would need to prove that you knew about the investigation or even just that there could be one. They’d also need to show that your actions were intended to conceal or deceive, and that what you tampered with counts as evidence.
Prosecutors may interpret these things differently from you, so it’s best not to put yourself in a situation where such a charge could be possible. This could include altering a spreadsheet, incinerating a piece of clothing, shredding a document or cleaning your fingerprints from a weapon.
Resisting arrest
You probably don’t want to be arrested, but that does not mean you can try to prevent the police from arresting you. You can face charges for fleeing from them or failing to stop when they tell you to, as well as perhaps more serious charges if you use physical force to try to stop them.
Going quietly is best, as you certainly don’t want to be in a situation where an officer uses a weapon on you or one where you are endangering yourself and others, such as a car chase. The best thing in the face of a potential or actual criminal investigation is to seek legal guidance to protect your rights and determine how best to proceed.]]>