As a former prosecutor, I know exactly what the Government will do to build an incriminating case against you. I also know how the police conduct their investigations and how all of this translates into a real world case in the courtroom. I have litigated thousands of criminal cases, including over 100 trials. Whether your case calls for a diplomatic negotiation or aggressive trial work by a skilled Fort Lauderdale Criminal Law Attorney, I am here to help!

In law school, attorneys are taught that every person charged with a crime in the United States has the same civil rights. These rights exist regardless of one’s race, religion, sex, creed, orientation, or disability. In the eyes of the law, we are all meant to be equal.

Unfortunately, the truth is that what transpires in the courtroom can be very different.

That is why every person charged with a crime must have a good attorney who has the right combination of work ethic, training, and experience.

While my law firm handles all criminal matters, including the representation of victims throughout Florida, the following list may be helpful in identifying the kind of case you have:

Crimes of Violence:

• Battery
• Battery on a Police Officer, Fireman, or Paramedic
• Aggravated Battery
• Aggravated Battery with a Deadly Weapon
• Assault
• Aggravated Assault
• Robbery
• Robbery with a Firearm
• Attempted Murder
• Manslaughter
• Murder
• Gun Crimes
• Domestic Violence
• Restraining Orders

Drug Offenses:

• Possession
• Manufacturing/Delivery/Sale
• Trafficking
• Drug Court

Property Crimes:

• Theft
• Burglary
• Burglary with Battery
• Grand Theft
• Dealing in Stolen Property

White Collar Crime:

• Asset Forfeiture/Seizure
• Money Laundering
• Fraud
• Mortgage Fraud
• Bank Fraud
• Credit Card Fraud
• Medicare/Medicaid Fraud
• Securities Fraud
• Identity Theft
• Computer Crimes
• Counterfeiting
• Embezzlement

Traffic Related Offenses:

• DUI
• Felony DUI
• DUI Manslaughter
• Driving with a Suspended License
• Driving with a Revoked License
• Reckless Driving
• Racing
• Altered Tag
• Possession of Fraudulent Driver’s License

Sex Offenses:

• Sexual Battery
• Attempted Sexual Battery
• Sexual Assault
• Attempted Sexual Assault
• Solicitation
• Procuring
• Enticement
• Failure to Register

Miscellaneous Offenses:

• Obstruction/Resisting Officer Without Violence (misdemeanor)
• Obstruction/Resisting Officer With Violence (felony)
• Perjury
• Stalking
• Trespassing
• Disorderly Conduct
• Disorderly Intoxication

Appeals:

• Post-conviction Appeals
• Motion to Vacate Plea
• Motion to Correct Sentencing
• Ineffective Assistance of Counsel
• Habeus Corpus

My experience as a respected Fort Lauderdale Criminal Law Attorney has given me strong legal skills for problems that exist both in and outside of the courtroom.  Since entering private practice, my clients have benefited from these skills and my use of unconventional as well as traditional legal strategies. My clients have included individuals and corporations located in the United States and abroad. Their cases have also included matters that are strictly domestic as well as those which are fully international in nature.

With the client’s needs at the center of any legal strategy, I am prepared to work as hard as it takes to obtain positive results for every client. Whether your case calls for an aggressive fight through trial or a diplomatic resolution outside of court – I am here to get the job done!

If you or someone you know in Florida needs the assistance of an experienced Fort Lauderdale Criminal Law Attorney, call Brian Silber today at 866-368-4638, or complete the contact form provided on this site to schedule your free consultation.

Traffic Cases:

• Driving with a Suspended or Revoked License
• Racing on Highways
• You Can Appeal your Suspension

TRAFFIC CASES

Driving with a Suspended or Revoked License:
Believe it or not, but driving with a suspended or revoked license is probably the most common criminal offense in the State of Florida.  In fact, most people lose their licenses due to their inability to meet hefty financial obligations.  Others lose their driving privileges as a result of DUI convictions or other criminal offenses.

Needless to say, we can help!

Whether your case exists because you failed to pay fines, failed to appear for court, or have a DUI suspension, we are able to get you the best case resolution possible.

For some people, this may include a dismissal of charges because the police made an illegal stop or an illegal arrest.  For others, this may include negotiating a favorable plea agreement.  Each case is unique and requires individual attention and analysis.

Racing on Highways:
After DUI, Racing is the traffic offense that has likely received the most notoriety.  One commits this offense by engaging in any race, speed contest, drag race, or other competition for speed or acceleration on any highway, roadway, or parking lot.  Drivers are not the only ones who can get in trouble – it is equally unlawful to knowingly ride as a passenger in any such race or purposefully slow or stop traffic to facilitate such a race.

Racing is a 1st Degree Misdemeanor and is punishable by up to 364 days in the county jail, 12 months probation, $500-$1000 fine and court costs.  Additionally, first time offenders will lose their driver’s licenses for 12 months.  Those who commit a second Racing offense within 5 years of their first offense will lose their license for 24 months.  Court ordered driving school is a common special condition of probation.

Moreover, the vehicle in question may also be impounded.

You Can Appeal Your Suspension!
The Department of Highway Safety and Motor Vehicles (DHSMV) offers drivers the opportunity to appeal their suspensions. This is done by requesting a Formal Review Hearing. In a formal review, an attorney is able to present evidence on your behalf and present argument to a hearing officer. Appeals of this type have proven to be extremely successful for many people. A REQUEST FOR FORMAL REVIEW MUST BE MADE WITHIN 10 DAYS OF ARREST, OR ELSE IT IS WAIVED.

It should be noted that there is absolutely no penalty for requesting a formal review.


We are extremely sensitive to the fact that no other criminal offense carries more negative connotations for an Accused person than a sex crime.  Whether your case involves assault, battery, enticement, solicitation, or other sexual offense, we are here to provide you with the best defense possible.

By their very nature, these cases are victim crimes. Therefore, in most situations, the prosecution’s case will hinge on the quality of testimony provided by the alleged victims or other witnesses. Accordingly, the following should provide insight into the defense of these types of cases:

• Who is the Alleged Victim?
• Do you know that person?
• Are they a stranger?
• What is their background?
• Do they have a reason to lie, exaggerate, or hurt you?
• Are they motivated by anger? By money? Divorce?
• What is your history with that person?

One of the first steps we will take on your behalf is to conduct a complete independent investigation into the person making the allegation against you:

• Do they have a criminal history?
• Have they made false allegations in the past?
• Are they seeking temporary protection status (TPR) from the U.S. Government to avoid deportation?

These and other questions will be asked and answered on your behalf.

• What is the nature of the allegation?
• Is your case in State or Federal court?
• Are you accused of committing a computer crime? A battery or assault?
• Is there any physical evidence? If so, is it viable and can it be examined by an independent forensic examiner?

The seriousness of the any sex offense will depend on the following:

• The nature of the allegation
• The number of alleged victims
• The ages or infirmity of the alleged victims

Also:

• What is the Prosecution’s Intent?
• Do they seek prison time or sex offender probation?
• Is regular probation an option?
• Do they insist on registration with the Sex Offender Registry (SOR)?
• What is the lowest offense that they are willing to resolve the case to?
• Is there restitution?
• What are the alleged victim’s wishes?

Creative Solutions:
Remember, the Government is obligated to prove the charges against you beyond and to the exclusion of a reasonable doubt.

In every case we are presented with, we search for new and creative ways to uncover weaknesses, inconsistencies, or conflicts in the Government’s evidence.

The Sex Offender Registry (SOR):
For many people, registration on the SOR was something that they acquiesced to as part of a plea bargain. Remember, while many people many not be guilty of the crimes they are charged with, they will nonetheless take a plea bargain in exchange for the guarantee that they will not be sentenced to serious time in prison.

However, being on the SOR is not always permanent. Some people are able to have their names lifted from the Registry and continue on with an otherwise normal life.

As your attorney, this will require a more comprehensive understanding of your background and the nature of your case. It will also require the preparation and argument of a motion before the court.


After litigating thousands of DUI cases, I have learned that most people do not realize how easy it really is to get arrested for DUI.

Did you know that you can get a DUI even though you were NOT drunk?

Did you know that you can get a DUI even though you were NOT driving?

In the State of Florida, the legal standard is not “drunk” driving – it is impaired driving. This means that even one drink can put you at risk.

Moreover, if you were physically in or on the vehicle and had the ability to operate the vehicle while so situated, you can still be arrested for DUI – even if you didn’t drive!  This includes people who pulled over to “sleep it off” or people who were approached by the police while parked in a parking lot.

How Do the Police Build a Case Against Me?
As a former prosecutor, I worked one-on-one with the men and women of the Broward Sheriff’s Office DUI Task Force.  I also received special training on how to prosecute DUI cases. Moreover, as a DUI supervisor, I was responsible for prosecuting repeat offenders and high profile DUI cases in County Court.

When building a DUI case, the police and prosecutors look to the same factors in every instance. They are:

• Driving Pattern
• Physiological Observations
• Attitude
• Admissions by the Accused
• Performance on Field Sobriety Exercises
• Breath/Blood/Urine Test Results
• Refusal of breath/blood/urine testing as evidence that the person knew they were impaired

When defending someone accused of DUI, the following questions should be discussed:

• Was the initial stop by the police lawful?
• Was the arrest lawful?
• Did the officer advise you of your Constitutional rights before questioning you in custody? Did he tell you that you have the right to a lawyer and the right to remain silent?
• Did the officer smell alcohol on your person?
• Did the officer observe red, bloodshot, or watery eyes?
• Were you asked to perform field sobriety exercises? If so, did the officer tell you that they are voluntary?
• Did the officer tell you that you were being video taped?
• Did the officer ask if you had any pre-existing injuries or medical conditions?
• Did you take a breath test?
• Did the officer advise you of Florida’s refusal law before administering the test or accepting your refusal?
• Were you properly instructed in how to give a breath sample?
• Were you properly observed for the 20 minutes leading up to the breath test?
• Was the breath machine properly maintained and calibrated?
• Was the breath machine properly stored?
• Did the breath machine produce valid readings?

If the answer to any of these questions is NO, you may have a good defense. In many cases, charges can be dismissed or dropped to a lesser offense.

Can I Get My License Back? When Can I Drive Again?
Took Breath Test: If you took a breath test and blew 0.08 or higher, your license will be suspended for 6 months.
First Refusal: If you refused a breath, blood, or urine test and it was your first time refusing, your license will be suspended for 12 months.
Second Refusal: If this is your second refusal of a breath, blood, or urine test, then your license will be suspended for 18 months. 

Additionally, you may be prosecuted for Refusal to Submit to Testing, which is a 1st Degree Misdemeanor.

You Can Appeal Your Suspension!
The Department of Highway Safety and Motor Vehicles (DHSMV) offers drivers the opportunity to appeal their suspensions. This is done by requesting a Formal Review Hearing. In a formal review, an attorney is able to present evidence on your behalf and present argument to a hearing officer. Appeals of this type have proven to be extremely successful for many people. A REQUEST FOR FORMAL REVIEW MUST BE MADE WITHIN 10 DAYS OF ARREST, OR ELSE IT IS WAIVED.

It should be noted that there is absolutely no penalty for requesting a formal review.


Drug cases vary in severity depending on a number of factors. Some things to consider are as follows:

• What type of drug(s) were involved?
• What was the quantity of drugs involved?
• What were the circumstances surrounding the case?

The answers to these three questions will determine whether your case is a misdemeanor, felony possession, 2nd degree possession with intent to deliver/manufacture/sell, or 1st degree trafficking. It should be noted, that small quantities of marijuana are the only drugs that are ever charged as a misdemeanors.

It is equally important to realize that there are two ways one can be charged with a 2nd degree or 1st degree drug offense. The first way is due to quantity. Simply put, the more you have, the more serious the offense. In the State of Florida, this may also mean tougher minimum mandatory sentences.

The other way a case may become more serious is as a consequence of the circumstances involved.  For instance, was the person simply caught with a lot of drugs in their possession or was their house raided wherein the police found scales, large sums of money, small baggies, weapons, and drug manufacturing equipment?

As is the situation in every case, the Government MUST prove the charge beyond and to the exclusion of a reasonable doubt. Therefore, it is important to make sure the police acted properly.  Some questions to consider are as follows:

• Did the police stop you in your car or on the street? If so, was it a lawful stop?
• Did the police search your property with a search warrant? If so, was the warrant legally sufficient?
• Did the police use a confidential informant? If so, who is that person and what information did they give the police?
• Did the police use wire taps or other intelligence gathering methods of surveillance? If so, was it done lawfully?
• If you were questioned by the police, did they advise you of your right to remain silent and your right to an attorney?
• Did the prosecution have the alleged drugs tested by a laboratory? If so, when was this done and by whom?

The Drug Court Alternative:
Over the years, the Government and the courts have recognized that drug addiction is a problem that is rarely solved by traditional prosecutions and stints in jail.  With the idea of helping the individual, and thereby helping society, drug court was created as an alternative to traditional court.

Participation in drug court is for regular people and can take up to a year to complete. It will require regular attendance at treatment meetings, drug screening, and other terms and conditions. After successfully completing drug court, the case against you is dismissed by the judge.  In the end, you will have no criminal history and your record will be clear.

This program has had tremendous success and many of our past clients have had very positive outcomes as a consequence – both legal and personal.

For those that qualify, drug court is always a recommended option we can pursue on your behalf.

CRIMES OF VIOLENCE

What are Crimes of Violence:
Crimes of violence can take many forms and is actually a very broad category. If you are charged with this, or another like offense, your case is considered a crime of violence:

• Battery
• Battery on a Police Officer, Fireman, or Paramedic
• Aggravated Battery
• Aggravated Battery with a Deadly Weapon
• Assault
• Aggravated Assault
• Robbery
• Robbery with a Firearm
• Attempted Murder
• Manslaughter
• Murder
• Weapons Charges
• Domestic Violence/Restraining Orders

By their very nature, these cases are victim crimes.  Therefore, in most situations, the prosecution’s case will hinge on the quality of testimony provided by the alleged victims or other witnesses.  Accordingly, the following should provide insight into the defense of these types of cases:

• Did you act in self-defense?
• Who is the alleged victim?
• Do you know that person?
• Are they a stranger?
• What is their background?
• Do they have a reason to lie, exaggerate, or hurt you?
• Are they motivated by anger? By money? Divorce?
• What is your history with that person?

One of the first steps we will take on your behalf is to conduct a complete independent investigation into the person making the allegation against you:

• Do they have a criminal history?
• Have they made false allegations in the past?
• Are they seeking temporary protection status (TPR) from the U.S. Government to avoid deportation?

These and other questions will be asked and answered on your behalf.

• What is the Nature of the Allegation?
• Is your case in State or Federal court?
• Is there any physical evidence? If so, is it viable and can it be examined by an independent forensic examiner?
• Is there any trace evidence, such as fingerprints, DNA, or fiber? If so, is it viable and can it be examined by an independent forensic examiner?
• Are there any independent witnesses?

The seriousness of the any crime of violence will depend on the following:

• The nature of the allegation.
• The number of alleged victims.
• The ages or infirmity of the alleged victim.
• Your relative physical size/abilities compared to the alleged victim.

Also:

• What is the prosecution’s intent?
• Do they seek prison time or probation?
• Is there any restitution?
• What is the lowest offense that the prosecution is willing to resolve the case to?
• What does the alleged victim want?

Creative Solutions:
Remember, the Government is obligated to prove the charges against you beyond and to the exclusion of a reasonable doubt.

In every case we are presented with, we search for new and creative ways to uncover weaknesses, inconsistencies, or conflicts in the Government’s evidence. By exploiting these cracks in the Government’s case, some people are able to have their cases dismissed, lowered to lesser offenses, or won at trial.

WHITE COLLAR CRIME

What is White Collar Crime?

White Collar Crime is an area of criminal law that has received tremendous notoriety over the years. In many ways, this image has developed as a result of the high profile crimes which have been publicized by the media.

However, the truth of the matter is that you do not have to be a high powered corporate executive to be charged with a white collar crime. In fact, as a rule of thumb, the Government will almost always charge any criminal suspect with the most serious offense possible, regardless of who that person is.

The following list contains a number of very common “white collar” offenses:

• Wire Fraud
• Money Laundering
• Grand Theft
• Tax Evasion
• Embezzlement
• Medicare/Medicaid Fraud
• Conspiracy
• Fraudulent Schemes
• Counterfeiting
• Credit Card Fraud
• Bank Fraud
• Mortgage Fraud
• Securities Fraud
• Computer Crimes

While this list is not comprehensive, it should give you an idea of what types of cases are considered “white collar.”

The most important thing to remember is that law enforcement is very serious about prosecuting these offenses. Both Federal and State governments each maintain units and agencies that are strictly devoted to the investigation and prosecution of white collar crimes.

How do you defend a White Collar case?

The cornerstone rule in every criminal case is that the Government must prove each and every allegation beyond and to the exclusion of a reasonable doubt. As mentioned previously, most white collar cases are very complex and involve extremely complicated paper trails or electronic evidence. While this may seem daunting at first, it is the very complexity of these cases that make them defensible.

By exploiting conflicts in the evidence, any lack of evidence, or unreliable witnesses, a seasoned trial lawyer is able to craft a formidable defense. These strategies are often times bolstered when the investigators are not thorough, when they ignore contradictory evidence, or when they simply do not understand the complexity of any given case. In fact, many cases are dismissed, dropped to lesser offenses, and won at trial after the defense attorney has highlighted the short-comings in the case.

Ultimately, defending any white collar case calls for three fundamental skills:

1. Thorough case analysis
2. Expert knowledge of the law
3. The ability to argue effectively in court

At the end of the day, defense lawyer who is able to master these three skills will be able to serve his clients’ needs well.

VIOLATION OF PROBATION

What is a violation of probation?

From a legal perspective, probation is considered a “suspended sentence.” This means that while you are on probation, you are subject to the full sentencing penalties of your offenses if you commit a violation.

Violations may occur by getting arrested for a new crime or for failing to satisfy the special terms and conditions of your original probation. For example, if you failed to complete all of your court ordered community service, you can be violated. Additionally, when violating probation for a new arrest, you are not only subject to the penalties in the new case, but for the maximum allowable sentence in the old case as well. This does not include any credit for time served you may be entitled to.

How do you defend a violation of probation?

The single most important distinction between a violation of probation and a regular criminal case is that the Government does not have to prove the violation beyond and to the exclusion of a reasonable doubt. In fact, the burden of proof is much less and is a lot easier for the Government to achieve.

However, this does not mean that you can defend against a violation of probation. Many violations are dropped by the Government and others are won by fighting in court. For instance, the most common violation is usually for failure to pay fines or failure to pay restitution. Did you know that you can not be violated for either of these if you did not have the financial ability to pay?

At the end of the day, each probation case presents its own specific set of issues. After thoroughly analyzing your case we can assess where you stand and what defenses you may have. In some instances, the violation may be dismissed or a positive settlement may be reached with the prosecutors. If need be, we are also ready, willing, and able to challenge your violation in court. Ultimately, your personal needs and the facts of your case will determine the course we take in any legal strategy.

If you or someone you know in Florida needs the assistance of an experienced Fort Lauderdale Criminal Law Attorney, call Brian Silber today at 866-368-4638, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Florida needs the assistance of an experienced Fort Lauderdale Criminal Law Attorney, call Brian Silber today at 866-368-4638, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Law Offices of Brian Y. Silber, P.A.
901 South Federal Highway
Ft Lauderdale, FL 33316
Telephone: 866-368-4638
Fax: 305-675-3347

MEMBERS OF THE FIRM:

Brian Y. Silber, Esq.

EDUCATION:

• University of Miami School of Law
  • Juris Doctor, 2002
• University of Miami School of Business
  • Bachelor of Business Administration, Major in Finance, 1999

JURISDICTIONS:

• State of Florida
• U.S. Southern District of Florida (Federal Court)

PROFESSIONAL MEMBERSHIPS:

• Cuban American Bar Association
• Federal Bar Association
• Broward County Bar Association
• Dade County Bar Association
• Miami Beach Bar Association

FOREIGN LANGUAGES SPOKEN:

• Hebrew
• Spanish