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I believe I may be under investigation for a crime and law enforcement has attempted to contact me. I don’t want to speak with them if I don’t have to, but I’m unsure of how to answer any questions they may ask.  

The short answer is no, you do not need to voluntarily provide law enforcement with information or answer their questions. Under the United States Constitution, you have the right to not provide any self-incriminating information to law enforcement. You also have the right to consult with an attorney prior to any police interrogations or have an attorney present while officers question you.  

Most people are familiar with the Miranda warnings and can even recite them from memory. This legal doctrine comes from Miranda v. Arizona, heard by the Supreme Court of the United States in 1966. From this case, officers are required to inform suspects of their right to remain silent, that any statements they make may be used against them, that they have the right to an attorney, and that if they cannot afford an attorney one will be provided to them. Under Miranda, unless the suspect is informed of these rights, and also clearly and intelligently waives those rights, any statements they make may not be admitted into court against them.  Continue reading

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I was recently pulled over by law enforcement, and during the traffic stop marijuana was found in my vehicle. I wasn’t planning on selling the marijuana and only had it for personal use, so why was I charged with trafficking and not possession?

Under Florida Statute, it is possible to be charged with trafficking without ever selling any marijuana if someone is in possession of a large amount. Florida Statute 893.135 defines trafficking as any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants. Trafficking marijuana is a first-degree felony punishable by up to 30 years in prison and fines, with minimum mandatory sentencing guidelines based on the amount of marijuana involved. 

If the amount of marijuana involved in over 25 pounds but less than 2,000 pounds, or between 300 and 2,000 marijuana plants there is a minimum mandatory sentence of three years and a $25,000 fine. For amounts between 2,000 and 10,000 pounds, or 2,000 to 10,000 plants, the minimum mandatory sentence is seven years and a $50,000 fine. If the amount involved is over 10,000 pounds or 10,000 plants the mandatory minimum sentence is fifteen years and a $200,000 fine. 

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I am currently on probation and have been struggling to meet all of the requirements. I am concerned my probation officer is going to violate me. What can I do, and what will happen to me if I receive a violation?

Most individuals on probation struggle to comply with all the requirements the court imposes on them, which results in violations being a common occurrence. Violating probation can result in a revocation of probation and the court imposing a sentence up to the maximum possible sentence for the original charge. Violations can occur for many reasons. Some of the more common situations resulting in a violation are being arrested on new criminal charges, failing to complete court-ordered programs, missing appointments with a probation officer, positive drug screens, or failing to pay imposed costs or restitution.

Once a probation officer has decided to violate someone, they will complete an Affidavit of Violation and submit it to the court. The court will then review the affidavit and issue a warrant for arrest if it is determined reasonable grounds for a violation exist. Often defendants are not eligible for bond on a violation once they are arrested. The defendant will be arraigned, and an evidentiary hearing will be set to determine if a violation occurred and probation will be revoked.

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There has been a recent increase in arrests and prosecutions for health care fraud in Florida as a result of increased law enforcement efforts in investigating these crimes. Healthcare fraud largely involves medical providers committing fraudulent billing practices to increase their profits, including submitting charges for reimbursement to insurance companies, Medicare, and Medicaid for services that weren’t provided. Additional investigations include accepting illegal kickbacks for patient referrals and billing insurance companies under incorrect billing codes to increase the payments received.

On July 31, 2017, seventy-seven people were arrested in Florida for their involvement in various health care fraud schemes that totaled over $141 million dollars in fraudulent billing. These arrests were part of a larger investigation by the Medicare Fraud Strike Taskforce that resulted in 412 individuals facing charges for over $1.3 billion in false billings. These investigations involved a multi-agency effort, involving local law enforcement, the FBI, the Department of Health and Human Services, the Medicaid Fraud Control Unit, and the Florida Attorney General’s Office. Continue reading

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Law enforcement agencies across the country are now implementing body cameras to be worn by officers while on duty to record their entire interactions with the public. This has left many people with questions on what to expect if an arresting officer was wearing and recording from a body camera.body camera

The video obtained from those cameras is having an impact in courtrooms as the additional evidence available to both the prosecution and defendants. If the video is available from a police body camera in your case, it could potentially strengthen or weaken your defense. The video footage could document any improper actions taken by law enforcement during any searches, questioning, or traffic stops.  If the video records evidence that an officer failed to establish probable cause, or used coercion to obtain consent, then any evidence uncovered during the search or stop would be suppressed. On the other hand, if the video shows the officer properly conducted the search or stop the defendant would likely not be able to have the evidence suppressed.    Continue reading

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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

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Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
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Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
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Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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