Criminal Lawyer in Florida

Law Offices of David M. Edelstein, PA

301 Clematis Street
Suite 3000
West Palm Beach, Florida 33401
USA

(561) 209-1677 or (877) 321-4545

www.miami-criminal-lawyer.net

Contact David M. Edelstein

Law Firm Overview Free Consultation

301 Clematis Street, Suite 3000, West Palm Beach, FL 33401
David Edelstein is a former criminal defense attorney with the Miami-Dade County Public Defender's Office who devotes his practice exclusively to criminal defense with a strong emphasis on the trial phase of legal advocacy. During his career as a private criminal defense attorney, he has handled and tried a wide range of criminal cases in Miami as well as other jurisdictions in Florida.

His trial experience, along with a personal commitment to his clients, combine to offer the prospective client competent representation in a supportive, hands-on environment. As a criminal defense attorney, his philosophy is grounded in the strong belief that his clients should be fully informed about every aspect of their case as it progresses.

Mr. Edelstein began his career in the state of Florida as an Assistant Public Defender with the Miami-Dade County Public Defender's Office. During his tenure there he represented clients charged with misdemeanors, felonies, and delinquent acts in both county and circuit courts throughout Miami-Dade County.

Since establishing his law firm, he has expanded his practice to include the representation of clients charged in both state and federal courts throughout the entire state of Florida, including Broward and Palm Beach counties. He also practices at the appellate level by representing clients in state and federal criminal appeals. In addition, he is a licensed bar member of his home state, the Commonwealth of Kentucky. Mr. Edelstein limits his practice exclusively to criminal defense.

Languages: Spanish; English.

Practice Areas

Additional Practice Areas: Federal & State Crimes; Mortgage, Health Care, Phone/Telemarketing, Bankruptcy, Government, Financial, & Securities Fraud; Immigration Crimes; Organized Fraud; Disorderly Conduct/Intoxication; Obstructing Justice; Resisting With/Without Violence; Trespass; Stalking; Soliciting; Indecent Exposure; False Report of a Crime; Loitering & Prowling; Probation & Community Control Violations; Battery on a Law Enforcement Officer; False Imprisonment/Kidnapping; Sexual Battery; Lewd & Lascivious Conduct; Tampering; Practicing Medicine/Dentistry without a License; Bail Bonds; Antitrust Violations; Criminal Enterprises; Extortion; Environmental Law Violations; Tax Evasion; Insider Trading; Alien Smuggling; Kickbacks; Counterfeiting; Public Corruption; Economic Espionage; Trade Secret Theft; Boating Under the Influence (BUI); Reckless Driving; Driver's License Offenses; Fleeing & Eluding; Dealing in Stolen Property; Forgery & Counterfeiting; Uttering a Forged Instrument; Check Offenses.

Practice Areas Description

Criminal defense attorney David Edelstein's practice is limited exclusively to criminal defense in both state and federal courts. He regularly represents clients in Miami as well as other cities and counties throughout the state of Florida.

- Drug Cases

If you have been arrested for a drug crime in Florida, a lot is at stake. Even a conviction for possessing a small amount of marijuana can have lasting consequences. Not only can a drug crimes conviction affect your future employment, it can also result in your drivers license being suspended. That's why it is extremely important to have an experienced criminal defense attorney on your side. Mr. Edelstein has handled all types of drug cases including, sale of drugs, manufacture of drugs, drug trafficking, as well as simple possession.

- Mortgage Fraud

Mortgage Fraud is one of the fastest growing white collar crimes in the United States. Mortgage Fraud is defined as a material misstatement, misrepresentation, or omission relied upon by an underwriter or lender to fund, purchase, or insure a loan. There are two types of Mortgage Fraud: fraud for property and fraud for profit. Fraud for Property, also known as Fraud for Housing, usually involves the borrower as the perpetrator on a single loan. The borrower makes a few misrepresentations, usually regarding income, personal debt, and property value, or there are down payment problems. The borrower wants the property and intends to repay the loan. Sometimes industry professionals are involved in coaching the borrower so that they qualify. Fraud for Property/Housing accounts for 20 percent of all fraud.

- Drug Trafficking

Drug trafficking is considered to be the sale, delivery, manufacture, or, possession of certain drugs over a specified quantity. Federal law provides for severe penalties for drug trafficking offenses. Minimum mandatories for drug offenses can range from 5 years to life in prison, depending upon the quantity and type of drug. Due to the severity of these charges and the draconian penalties they carry, it is extremely important to involve a criminal defense attorney as soon as possible.

- Health Care Fraud

Health care fraud schemes in Florida are diverse and vary in complexity, targeting both public and private health insurance plans. Such schemes include:

* Billing for services not rendered
* Billing for services not medically necessary
* Double billing for services provided
* Upcoding (e.g., billing for a more highly reimbursed service or product than the one provided)
* Unbundling (e.g., billing separately for groups of laboratory tests performed together in order to get a higher reimbursement)
* Fraudulent cost reporting by institutional providers

Kickbacks in return for referring patients or influencing the provision of health care are other common schemes. The anti-kickback statute prohibits the payment of kickbacks for the purpose of inducing the referral of services which are paid for by federal health care programs. Kickbacks corrupt the decision making of medical providers, placing profit above patient welfare. They can lead to grossly inappropriate medical care, including unnecessary hospitalization, surgery, tests, and equipment. Other types of schemes include providing services by untrained personnel, failing to supervise unlicensed personnel, distributing unapproved devices or drugs, and creating phony health insurance companies or employee benefit plans.

- Possession and Distribution of Child Pornography

If you or a loved one has been approached by law enforcement investigating child pornography it is extremely important to exercise your right to have an attorney present before answering any questions. Most, but not all cases begin with an agent or detective contacting the defendant to conduct a voluntary interview, sometimes after a search warrant has been executed. Unfortunately, either through fear or ignorance, most people proceed to speak with the law enforcement officer or give consent to search without consulting with an attorney. This is almost always a mistake. If you or someone you love has been approached by law enforcement regarding a child pornography investigation, contact Mr. Edelstein immediately for a confidential consultation.

- Immigration Crimes

U.S. Immigration Law provides for specific procedures through which a foreign person may enter and be present in the United States. Ideally, entry into the United States by a foreigner is made with visas or other immigration documents which grant specific permission for the person to enter the United States and remain for a certain time and purpose.. If a person enters or remains in the United States unlawfully she may face removal proceedings. Removal hearings are conducted to determine whether certain foreigners are subject to removal from the country. Previously there were separate proceedings to determine whether someone was unlawfully trying to enter the U.S (exclusion proceedings) than for those present in the United States who had violated any number of immigration or criminal laws (deportation proceedings). Generally the distinction from these two proceedings has been eliminated and there is one proceeding called the removal proceeding.

- Insurance Fraud

Insurance fraud can take many forms. Many types of insurance fraud are related to motor vehicles and false claims for accidents. Recently the state legislature has passed stricter laws severely punishing these types of offenses. Other types of insurance fraud relate to allegations of false statements, fraudulent medical claims, and burning to defraud an insurer.

- Disorderly Conduct

Disorderly conduct is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for disorderly conduct feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for disorderly conduct to say that they were just asking the officer a question and were then put under arrest. Legally, disorderly conduct is conduct which rises to the level of a "breach of the peace." Drawing the line between a "breach of the peace" and freedom of speech can very difficult. Consequently, First Amendment issues are often implicated in a disorderly conduct case.

- Disorderly Intoxication

Disorderly intoxication is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for disorderly intoxication feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for disorderly intoxication to say that they were just asking the officer a question and were then put under arrest. Legally, disorderly intoxication is conduct which rises to the level of a "public disturbance." Drawing the line between a "public disturbance" and freedom of speech can very difficult. Consequently, First Amendment issues are often implicated in a disorderly intoxication case.

- Obstructing Justice

Obstructing justice (also known as resisting an officer without violence) is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for obstructing justice feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for obstructing justice to say that they were just asking the officer a question and were then put under arrest.

- Resisting Without Violence

Resisting an officer without violence (also known as obstructing justice) is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for resisting an officer without violence feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for resisting an officer without violence to say that they were just asking the officer a question and were then put under arrest. If you or someone you love has been arrested for resisting an officer without violence, call Mr. Edelstein today for a confidential consultation.

- Shoplifting

Shoplifting is charged as either petit or grand theft under Florida Statute 812.014 (see below), depending on the amount. If the value of the alleged stolen merchandise is less than $100 in value, the defendant is charged with petit theft in the second degree, a second degree misdemeanor. If the value of the merchandise is between $100 and $300, the defendant is charged with petit theft in the first degree, a first degree misdemeanor . If the alleged amount is greater than $300 but less than $5,000, then the appropriate charge is grand theft in the third degree, a third degree felony.

- False Report of a Crime

817.49 False reports of commission of crimes; penalty.--Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, in that no such crime had actually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

- Probation Violations / Community Control Violations

Probation and community control violations are particularly serious offenses for several important reasons. First of all, when someone is charged with a violating their probation, the only relevant issue is whether or not the person violated a general or special condition imposed by the judge at sentencing. It is no longer important whether or not the person committed the underlying crime, has a defense to the underlying crime, or took a plea out of convenience. Moreover, the person is facing the same punishment he or she could have received originally when they were accused of the crime. For example, if someone pleads no contest to a third degree felony and is charged with a probation violation, they would face up to five years in state prison. Another distinguishing factor of a probation violation is that the judge is the trier of fact-not a jury of one's peers. Additionally, the prosecutor only has to prove that somebody violated their probation or community control by a preponderance of the evidence. This is in contrast to the higher standard of proof beyond a reasonable doubt used in criminal cases. For these reasons it is absolutely imperative that a person charged with a violation of probation or community control have an experienced and knowledgeable attorney on their side.

- Battery on a Law Enforcement Officer

Battery on a law enforcement officer (also known as battery on a LEO) is an extremely common felony charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for battery on a law enforcement officer feel that they have done nothing wrong and have difficulty understanding why they were arrested, let alone charged with assaulting an officer. In fact, the person arrested is usually the one who suffers physical injury at the hands of the officers. Consequently, somebody facing this charge often feels both physically and emotionally violated. Mr. Edelstein has significant experience in defending battery on a law enforcement charges and has represented over 200 clients charged with this offense.

- Juvenile Cases

The purpose of Florida's juvenile justice system is to protect society more effectively by attempting to rehabilitate, not just punish, children who commit crimes. Children in Florida are persons under age 18. Juvenile courts in Florida work with law enforcement, prosecution and defense attorneys, and the Florida Department of Juvenile Justice (DJJ) in devising rehabilitation plans for children in trouble with the law. The courts will try to ensure that the child learns from his or her experience and returns to the community as a productive citizen, without having suffered permanent harm. Children who are referred to the juvenile court have many of the same rights as an adult charged with a crime. You and your family should understand those rights.