Michael A. Gottlieb, P.A.Michael A. Gottlieb, P.A.2026-07-15T10:00:13Zhttps://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[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.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[When are repeat Florida DUIs charged as felonies?]]>https://www.browardcriminallawyer.com/?p=477602026-07-15T09:59:28Z2026-06-23T00:37:42ZWhen new charges occur quickly
The amount of time between criminal charges directly influences the charges brought in the subsequent DUI case. For those accused of a third DUI offense within 10 years of their second conviction, the state can pursue a third-degree felony charge.
Drivers may have served their sentence and gotten their license back years ago, but they can be at risk of felony charges for another DUI arrest. The record of the offense is more serious, and the penalties the courts may impose also increase.
When drivers have three prior convictions
Regardless of how much time passes between DUI charges, fourth and subsequent DUI offenses are always felony offenses. Even if it has been 15 years or longer since a person's last arrest, three or more prior convictions are enough to warrant felony charges without any other aggravating factors.
Anyone accused of a DUI, but especially those facing felony DUI charges, may require the help of a criminal defense attorney. Discussing one’s case with a lawyer can help those accused of impaired driving understand their charges and potential responses.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Can you share prescription medications in Florida?]]>https://www.browardcriminallawyer.com/?p=477592026-06-15T16:58:36Z2026-06-15T16:58:36ZPrescription medications can only be dispensed in very limited ways in Florida. Most people will get a prescription from a doctor and pick the medication up at a pharmacy. Some prescription medications or controlled substances can also be given out in a medical setting, such as when a patient needs them during surgery in a hospital.
As such, it is clear that you cannot sell prescription medications to someone else, as that would be a violation of the law. But what if you just want to share them? Maybe you have leftover pills that you got with a valid prescription, and one of your family members or friends would like to use them because they believe they will be helpful due to the medical issues they are having. Can you legally give the leftover pills to that individual, as long as you do not take financial compensation for doing so?
Sharing is also illegal
The short answer is no, you cannot share prescription medications any more than you can sell them. You are not even allowed to possess them with the intent to dispense or deliver them to another individual.The problem here is that controlled substances are only authorized for use by the person who has the prescription. So it is legal for you to use them, but as soon as you give them to another person, that person is violating the law by possessing or using the substances without a prescription. You have also violated the law by transferring those substances into their possession.People sometimes have good intentions and just want to help someone they care about, but they find themselves accidentally violating these laws and facing serious drug charges. If you are in this position, you must understand exactly what defense options you have to best participate in your own case and protect your future.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[3 ways the police can legally obtain digital evidence]]>https://www.browardcriminallawyer.com/?p=477512026-05-29T08:55:21Z2026-05-29T08:55:21ZThere are many different types of digital evidence that can be used in modern criminal cases. This could include text messages, call logs, pictures, videos, location data and even a person’s search history.
To search for these types of evidence, the police often want to look on a person’s phone. Below are three ways that they can do this legally.
Asking for consent
The first step that many police officers will take is simply to ask a person to unlock their phone so that they can conduct a search. If you are being arrested, remember that you do not have to give consent. A police officer cannot force you to unlock your phone for them to carry out a search.
Getting a search warrant
If you do refuse, however, the police may then move forward with a search warrant. They have to demonstrate that there is probable cause to search your device, and the warrant can then be authorized by a judge. They no longer need your consent.
By asking a third party
Finally, remember that not all of your data is as private as you may assume. Pictures and videos could be backed up on the cloud. Certain types of information may have been shared on social media. For instance, there was a case where investigators wanted to see the records of direct messages sent between two individuals, so they asked Facebook for those messages, which the company turned over.If the police do not conduct a search legally, it may mean that they cannot use the evidence that they have gathered in your court case. That is why it is important to know how these searches work and what legal defense options you have.
]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Is wire fraud a state or federal crime?]]>https://www.browardcriminallawyer.com/?p=477422026-05-18T19:31:49Z2026-05-18T19:31:49ZMany white-collar crime investigations begin with ordinary electronic communications. Emails, online transfers, text messages and phone calls may later become evidence when federal prosecutors believe someone used those communications to support a fraudulent financial scheme.
Because electronic communications regularly move across state lines, wire fraud cases are often prosecuted at the federal level. Even business disputes or financial transactions that appear local at first can quickly draw attention from federal investigators.
Penalties for wire fraud as a federal crime
Federal wire fraud charges can carry severe penalties. Prosecutors often pursue these cases aggressively because electronic communications play such a major role in interstate commerce and modern financial activity.Potential penalties may include:
Large financial fines: Individuals convicted of federal wire fraud may face fines of up to $250,000. Organizations may face fines reaching $500,000 depending on the allegations and financial losses involved.
Long prison sentences: A federal wire fraud conviction may result in prison sentences of up to 20 years. Cases involving financial institutions or federally declared disasters may carry penalties of up to 30 years in prison and fines reaching $1 million.
Separate penalties for each communication: Federal prosecutors may treat each email, phone call or electronic transaction tied to the alleged scheme as a separate criminal count. This can greatly increase possible sentencing exposure in larger investigations. For example, several emails connected to one alleged fraud scheme could potentially result in several separate wire fraud charges.
Extensive federal investigations: Wire fraud investigations are commonly handled by agencies such as the FBI and may involve subpoenas, financial records and a detailed review of electronic communications. Investigators may spend months reviewing business activity before criminal charges are formally filed.
Federal fraud cases often involve complicated financial records and thousands of communications spread across multiple devices and accounts. As a result, these white-collar crime investigations can expand quickly once prosecutors begin reviewing transactions and correspondence in detail. Seeking legal guidance early may help individuals better understand the scope of the investigation, protect important records and avoid mistakes when responding to federal investigators.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[How drug conspiracy charges differ from possession or trafficking]]>https://www.browardcriminallawyer.com/?p=477382026-05-05T12:21:35Z2026-05-05T12:21:35ZIf you’ve been charged with a drug-related offense in Florida, the terminology alone can feel overwhelming. Possession, trafficking and drug conspiracy charges may sound similar, but legally, they carry very different meanings and consequences. Understanding how these charges differ is crucial to protecting your rights and building a strong defense.
Drug possession is perhaps the most straightforward charge. It means law enforcement alleges you knowingly had control over an illegal substance. This can be actual possession (on your person) or constructive possession (found in a place you control, like your car or home).Trafficking steps it up further, requiring larger quantities. Once a controlled substance crosses a statutory weight threshold, the law may treat it as trafficking, even if there’s no evidence you sold it, shared it or planned to distribute it.
Understanding drug conspiracy
A drug conspiracy charge is less about catching someone in the act and more about proving an unlawful agreement to commit a drug offense. Prosecutors don’t need physical evidence of drugs in your hands or a transaction on tape. All they need to show is that you knowingly agreed with one or more people to break the law. To build its case, the prosecution can use phone records, witness testimony, text messages or even your association with co-defendants. This makes conspiracy charges uniquely dangerous. You could be implicated based on circumstantial evidence or even what someone else said about you.
What this means for you
There’s a lot at stake when facing any kind of drug charges in Florida, from potential jail time and fines to a permanent criminal record that can follow you for years. If you’re in this position, the most important thing to understand is that these cases are rarely as straightforward as they first appear. Prosecutors may present a narrative that feels complete on paper, but it doesn’t necessarily mean they have a watertight case against you. Seeking early legal intervention can help you understand the charges against you in full context, identify possible defenses and prevent critical mistakes that could weaken your position.
]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Differences between federal and state courts]]>https://www.browardcriminallawyer.com/?p=477372026-04-16T11:59:33Z2026-04-16T11:59:33ZPeople who are facing criminal charges have a lot of factors that they have to think about as they develop their defense strategy. One of these is which court their case is being heard in. There are significant differences between federal and state courts.
The biggest difference between federal and state courts is that federal courts don’t hear every type of case. They are limited to matters that are authorized by federal statutes or the United States Constitution. State courts can handle most other criminal prosecutions. The difference in jurisdiction matters because it affects what types of charges are filed in each system. Certain crimes, such as drug trafficking, immigration crimes, wire fraud and mail fraud, can be filed in federal court, as can crimes that cross state lines. State courts will have other charges, such as drug possession, robbery, drunk driving and assault.
How are criminal procedures different
Federal and state criminal courts follow different procedures. All federal courts follow the Federal Rules of Criminal Procedure and the Federal Rules of Evidence. State courts have their own rules. This means that everything from how motions are handled to deadlines and discovery is different. Another major differentiator is sentencing guidelines. Federal sentencing is more structured, but state sentencing guidelines usually allow for more leeway for judges.For defendants, understanding these differences is more than just a technicality. It can affect every aspect of their defense strategy, so they must ensure that they’re carefully considering every detail. Working with someone who’s familiar with the specific court and can assist with developing the strategy.
]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[What should you do if a loved one is arrested in Broward County?]]>https://www.browardcriminallawyer.com/?p=477342026-04-13T08:51:14Z2026-04-13T08:51:14ZBeing arrested – especially for the first time – can be an extremely frightening and confusing experience. The same is true if a loved one has been arrested and they’re counting on you to help them.
Those arrested here in Broward County are typically first taken to the Broward Sheriff’s Office (BSO) primary booking location, known as the Central Intake Bureau (CIB). It’s in the Main Jail Bureau in downtown Fort Lauderdale. There’s also another booking location in Pompano Beach.
The booking process and bond
The booking process includes being fingerprinted and photographed. The person’s belongings are taken. A medical screening is done to assess immediate health issues, communicable conditions and suicide risk.After being booked, people are generally placed in the Main Jail. There are three other detention facilities in Pompano Beach. If a loved one contacts you and asks you to call an attorney or post bond for them, it’s important to know which facility they’re in. Family and loved ones' visitation soon after arrest and booking is typically done through video. It’s important to know if the person arrested is allowed to post bond for their release pending hearings. Depending on the amount, you may be able to post a cash bond for them. Despite the name, you can typically do so using other forms of payment, like credit cards and money orders. You also have the option of getting a surety bond through a bondsman. Those charged with misdemeanor first offenses are often allowed to do this.
A first appearance hearing may be required before release
If a person must or chooses to appear before a judge before they can post bond or otherwise be released, Florida law requires that they be allowed to do so within 24 hours. First appearance hearings usually start at 8:30 a.m. and 1:00 p.m. in the Central Courthouse, which is near the Main Jail. The judge may set bond at this time unless they order that the person be held in custody. The amount of bond depends on the severity of the alleged offense, whether it’s a first offense and whether a person is considered likely to flee the area or be a threat to the community.
The importance of legal guidance
This can be a lot to remember at a stressful time. Whether you’ve been asked to help someone who’s been arrested and jailed or they need advice, the best first step is to call a criminal defense attorney who’s experienced in dealing with the justice system here in Broward County and protecting their clients’ rights as they help them navigate the justice system.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[When is lying to federal authorities a crime?]]>https://www.browardcriminallawyer.com/?p=477302026-03-30T11:15:59Z2026-03-30T11:15:59ZMany people who are suspected by authorities of committing white collar crimes learn that they and possibly friends or business associates are under investigation well before they face an arrest. It’s not uncommon for federal agents to show up at their home or office or call them in to “have a chat” or “clear up some things.”
Experienced federal authorities are adept at making people feel comfortable and letting their guard down. In an effort to seem innocent (whether they are or not), those under investigation may talk to authorities without legal representation, which is never wise.What too many people don’t realize is that lying to federal agents and prosecutors can be a federal crime even though they aren’t under oath. In fact, a person may end up facing consequences for being untruthful during questioning rather than for the crime for which they’re being questioned.A good example of this is what happened to lifestyle entrepreneur Martha Stewart. Many people know that she was charged with insider trading over two decades ago and served time in federal prison. However, she wasn’t convicted for charges involving insider trading. A jury convicted her of the crime of lying to federal investigators.
What does federal law say?
Specifically, the statute says that anyone who “knowingly and willfully ... makes any materially false, fictitious, or fraudulent statement or representation" is violating federal law. A number of other high-profile business and political leaders have also served time for the same crime. It’s not uncommon for highly successful people to look down on and think they can outsmart federal employees. However, those who investigate white collar crimes often have plenty of experience and expertise in what they do.
Why materiality matters
The law, as noted, refers to “materially” false statements. A person typically is only charged with this offense if their lie or misrepresentation is relevant to the crime under investigation and harms the authorities’ ability to investigate or prosecute the crimeFor example, if someone says they weren’t having an affair with a married co-worker when they actually were, that may not be material to a case involving their manager’s alleged wrongdoing. If they say they didn’t know their boss was engaged in criminal wrongdoing when they did know, however, that would be considered a “materially false” statement. It’s always advisable to have legal representation when talking with any federal authorities, regardless of whether you’re told you’re under investigation. This is the best way to protect your rights and avoid unnecessary complications.]]>On Behalf of Michael A. Gottlieb, P.A.<![CDATA[Causing a deadly crash could lead to felony charges]]>https://www.browardcriminallawyer.com/?p=477262026-03-12T09:15:44Z2026-03-12T09:15:44ZA fatal car crash is likely traumatizing for everyone involved. The driver at fault for the collision may feel intense guilt and may struggle to move on with their life after the collision. The survivors and surviving family members of the people who died because of the crash may also experience grief, trauma and financial complications.
The party at fault for a collision is often subject to financial claims from the people affected by the wreck. In scenarios involving fatal car crashes, state prosecutors can also sometimes bring felony charges against the driver accused of causing the wreck.
When does a deadly crash become vehicular manslaughter?
Vehicular manslaughter involves causing a death through the reckless operation of a motor vehicle. Florida pursues vehicular manslaughter cases in scenarios where adults or viable fetuses die because of a preventable crash.Overtly reckless driving or drunk driving could both lead to vehicular manslaughter charges. Vehicular manslaughter is usually a second-degree felony. The motorist facing the charges is at risk of up to 15 years in prison and up to $10,000 in fines, along with any restitution they may owe or damages awarded in a wrongful death lawsuit.In cases where the driver at fault fails to stop and assist the other people involved in the crash, the state could pursue first-degree felony charges that carry up to 30 years in prison. If the case involves allegations of intoxication, the accused driver faces a mandatory minimum sentence of four years in prison and a permanent driver's license revocation.Anyone accused of vehicular manslaughter or other felony crimes may need assistance responding to those accusations. Contacting an experienced criminal defense attorney can help motorists in South Florida fight the charges they face.]]>