To Report or Not to Report, A Computer Crimes Victim’s Dilemma.

Miami Florida is fortunate to have some of the most sophisticated computer crimes lawyers and law enforcement personnel in the country. The US Attorney, State Prosecutor, FBI, Secret Service, Miami-Dade Police Department and City of Miami Police Department all have specialized units and personal dedicated to investigating and prosecuting Digital Crimes. So why is it that so many of South Florida Crimes seem to be limited to solicitation and e-bay fraud instead of intrusion, hacking, theft of service or the spreading of malicious code.

The answer is simple: corporate victims of computer criminals are often concerned with the PR ramifications of letting the public know about an investigation. I say an investigation not a prosecution. A prosecution shows the corporate victim after they catch the intruder taking affirmative steps to punish the person who dared test their security. An investigation on the other hand is much more nebulous.

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DUI in Florida, the Value of an Independent Breath Test

In Miami, and the rest of Florida, if you get arrested for DUI and are given a breathalyzer test, you have the right to a second breath test from an independent source. The Florida Legislature has granted each driver the Statutory right to this independent breath test. All you have to do is ask, and pay, for it. One might ask, why bother? If it’s that simple, why would the second test be any different from the first? There are two good answers to this. First, if you are refused the opportunity to a breath test you may win the case. Second, if you do get the second test, by the time you get there, your blood alcohol level might have decreased to a level below the legal limit.

Now that we know that we have the right to a second, independent breath test, how do we go about securing such a test? Picture this: you’re in a police station at 3:00 am. You’ve just taken a breath test and you are over the legal limit. At this time you demand an independent breath test. The police have to give you access to a phone and a phone book. The rest is up to you.

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South Florida FBI Agent Arrested for D.U.I.

Miami-Dade, Broward, and Monroe Counties are inundated with “important” people who get arrested, particularly of DUI. The jails here have hosted a “who’s who” of celebrities, from Al Capone to Donté Stalworth. Recently, an FBI agent was arrested for drunk driving near Oakland Park, Florida. His behavior during the arrest was a perfect example of how not to act when you are suspected of driving under the influence.

FBI Special Agent Jorge Miyar was pulled over at a DUI checkpoint on Oakland Park Boulevard near Northeast 17th avenue. The officer’s first clue that Agent Miyar was intoxicated was when he ran over the curb. I will stand by my advice as a lawyer to all of you that running over a curb at a DUI check point is definitely not a good idea. It’s not quite as bad a peeing on an officer’s shoes, but it’s definitely going to get you unwanted attention.

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Miami Hacker Pleads Guilty in Criminal Credit Card Scam

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Miami resident Albert Gonzalez pleaded guilty to 20 criminal counts of conspiracy, computer fraud, wire fraud and access device fraud and aggravated identify theft in the Federal District Court in Boston. Mr. Gonzalez’s sentence is not known at this time. However, the plea agreement that his lawyers reached with Federal prosecutors includes a proposed range from 15 to 25 years in Federal prison. His criminal sentence will be imposed on December 8, 2009.

This case is multijurisdictional as Gonzalez and his co-conspirators hacked into retailers in multiple states. Accordingly, while he has resolved the counts in Boston he is still facing charges Newark, New Jersey. Additionally, Gonzalez has already been convicted of in Brooklyn, New York where he faces up to 20 years in prison. By agreement between his attorneys and the Federal prosecutors in New York and Massachusetts, those two sentences are to run concurrently.

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Welcome to Miami, Convicted Drunk Driver & Rapper, Pitbull, Given Keys to the City.

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America is the land of opportunity and second chances and no city in America epitomizes this more than Miami, Florida. Armando “PittBull” Perez has been twice arrested for driving under the influence and once admitted to being a drug dealer in Miami. Typically, you would not expect someone with this type of pedigree to be awarded the keys to the city. However, on August 19, 2009, Commissioner Tomas Regalado did just that.

In Pitbull’s defense, and he seems to have had a very good one, he’s only been convicted once and that was eight years ago. His more recent arrest, December 2007, had serious problems with the State’s case. First, there was no breath test. Without that piece of scientific evidence, determining whether someone is drunk or not is very difficult, assuming they don’t fall down or…

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