Broward DUI Lawyer Blog

March Trial Date Set for Wellington DUI Manslaughter Case

Fri, 27 Jan 2012 13:28:58 -0500

A polo mogul charged in connection with a 2010 Wellington DUI manslaughter accident found out recently his trial date has been set, NBC News reports.

DUI manslaughter is the most serious DUI-related charge that a driver can face in Florida. Our West Palm Beach DUI defense lawyers understand the seriousness of the charges and fight for drivers facing these charges frequently.

In Florida, a conviction for a DUI manslaughter charge can result in a 15-year prison sentence. That's the maximum sentence, but judges have discretion to sentence anywhere in between. Other factors, including proven actions of the defendant or accompanying charges, can increase the sentence.

Undoubtedly, these are among the most emotional cases because any time a life is lost, it will be a case that family members on each side will attend. Though both the family of the victim and defendant can sympathize with the loss of a life, they obviously have different interests and that can make emotions run high.

In this case, according to the news station, the defendant is charged with causing an accident that knocked a 23-year-old driver into a canal. The crash caused him to drown at the scene. Police allege the man who caused the accident drove off.

According to previous news reports, the man is charged with running a stop sign and causing the accident. The victim's car was turned upside down in a canal, leading to his death.

The driver faces charges of DUI manslaughter, vehicular homicide and failing to render aid. The DUI manslaughter and vehicular homicide charges both carry potential 15-year prison sentences, though the defendant can't be convicted and sentenced on both charges.

Some have questioned why a trial for this man hasn't already happened, but any experienced West Palm Beach DUI defense lawyer will tell you that these complex matters take time. While family of the victim may say that this is posturing by the defense, but it truly is not.

When a person's liberty is at stake and another person has died, these matters can't be rushed. The reports from police must be carefully studied and witness testimony must be scrutinized. Depositions are scheduled and compared to what was said previously to police.

Perhaps the longest delay is lab work sent to state-run laboratories that often takes months to come back to prosecutors, who then must send it to the defense. Often, these results must be challenged through expert witnesses. The entire process may seem long to onlookers, but it simply takes time to complete.

Any person who could end up facing a criminal charge would want the same consideration. While members of the public who have never faced a criminal charge sometimes want a person convicted right when they see an arrest made, if the shoe was on the other foot, they may not have the same opinion.

Former Congressman Mahoney In Court on Palm Beach Gardens DUI Charge

Thu, 26 Jan 2012 14:07:08 -0500

Former U.S. Rep. Tim Mahoney was in court recently to defend himself on charges after he was arrested last summer for DUI in Palm Beach Gardens.

According to The Palm Beach Post, Mahoney was arrested in August after police allegedly found him asleep at the wheel of a car around 3 a.m. one morning. Our West Palm Beach DUI defense lawyers have been following this case since it happened.

While the former politician will no doubt get attention because of his name, what's unclear is whether he will get a fair trial. Pervasive media attention can often be disruptive for a criminal defendant, even in a case of DUI.

The more news reports, the more potential jurors in the public will see what the media is reporting -- which is rarely the full truth -- and that can lead to biased jurors. While not every case goes to trial, this coverage can influence judges as well. Though they are sworn to be objective and not let bias creep in, they pay attention to what's being said in the community as well. And they are elected officials, remember.

According to NBC News, Mahoney's DUI defense lawyers revealed in court that they have motions they plan to file before the trial date, which is scheduled to be determined in March.The case is an interesting one based on some unique circumstances.

According to The Palm Beach Post, Mahoney was arrested after a North Palm Beach police officer saw Mahoney's car stopped on an access road. The stop was made near the corner of PGA Boulevard and U.S. 1. Because the former congressman was actually outside of the officer's jurisdiction, he called Palm Beach Gardens Police.

An officer arrived and conducted an investigation, which led to Mahoney being charged with DUI. In November, his lawyers got permission to take depositions of up to seven police officers that Mahoney talked with that night.

Several points are interesting in this situation. First off, Mahoney wasn't actually driving the vehicle when police pulled over to check the vehicle. Mahoney told the media that he made a decision not to drive. Second, the officer that initiated the investigation had no jurisdiction because of where Mahoney's vehicle was, so that should be looked at as well.

The main lesson here is don't speak with police without your lawyer. Time and time again, we see suspects making admissions to the police and it doesn't get them out of the charge. In fact, it simply strengthens the ability of the police to file charges and for the prosecution to get a conviction.

At the time of arrest, a suspect can't know what evidence the police have against them. But making a statement is almost never going to help. In fact, it usually strengthens the state's case. Don't say anything, invoke your right to silence and call a West Palm Beach DUI defense lawyer.

Report: FDLE Employees Paid to Get Drunk to Test Fort Lauderdale DUI Breathalyzer

Wed, 25 Jan 2012 12:55:42 -0500

The battle rages forward on Florida's west coast, where defense lawyers continue poking holes into the usefulness of the state's breathalyzer machine used in Fort Lauderdale DUI cases.

Now news coming out of Sarasota shows that the Florida Department of Law Enforcement is so desperate to prove their breathalyzer machine works that they spent $8,000 to get their employees drunk to test the machines. But the unscientific study has yet to sway judges that the machine actually works.

Our Fort Lauderdale DUI defense lawyers believe this shows how desperate the state's law enforcement agency is to get these poorly working breath machines to be accepted by courts statewide. The battle has been especially intense in Sarasota, where judges and prosecutors have tossed out breath test results after studies have shown they were unreliable.

Real testing by experts showed that the machines, when properly examined, showed that drivers could blow 12 liters of breath in the machine, though the human lung capacity maxes out at around 5 liters. That shows the test results are impossible, which brings into question the blood-alcohol level results for thousands of drivers who have been charged with DUI there.

And that means that drivers throughout South Florida should be skeptical of these machines. They are designed to reflect the blood-alcohol level of the driver who is stopped by police. But, as some have pointed out, these machines can't measure the blood-alcohol level, but only can estimate what it is. Without a sample of blood, a person's breath can't be accurate anyway.

In Florida, FDLE regulates the use of breath machines for officers and has only certified one -- the Intoxilyzer 8000 -- as useable by police. And because of the questionable results, attorneys statewide have been fighting their accuracy on behalf of DUI defendants. The company that makes the device has been fighting judge's orders that allow DUI defense lawyers to see how they work, claiming it would leak their trade secrets to the public.

According to the Herald-Tribune, FDLE spent $330 on whiskey, other booze, mixers and snacks in order to have their employees get blitzed and blow into the machines. There blood was also drawn to compare to the breath test results. The study, overall, cost $8,000.

In October, the newspaper reported that flawed machines were staying in operation for years without checkups or maintenance -- dishing out impossible results all the while. In about 100 cases, DUI defendants had those breath test results tossed out, leading to dropped or reduced charges. But for hundreds or even thousands more, they can't know whether the tests in their previous case would have changed if this information was known ahead of time.

Judges seemed skeptical of using the information, in part because the lab work wasn't done. Some DUI defense lawyers, the newspaper reported, argued that there was nothing scientific about the study and it doesn't address the problems.

Man Charged With DUI Manslaughter Ordered to Stay in Miami, U.S.

Sat, 21 Jan 2012 09:24:11 -0500

A judge recently ruled that the man charged with DUI manslaughter in a crash that killed a Miami Heat dancer must stay in the country permanently, NBC Miami reports.

DUI manslaughter in Fort Lauderdale is a major felony charge because it deals with the death of another person the accused was operating a vehicle.

Our Fort Lauderdale DUI defense lawyers have used our experience to defend many DUI cases, including those involving deaths. Often, these are the most emotional cases and it is important that jurors, judges and prosecutors make decisions based on the facts and the law and not emotion.

It is often the job of an experienced lawyer to present the facts in a case and ensure that a trial stays on track and isn't derailed by anything but the evidence. A defendant requires a fair trial, every time, without fail.

A 43-year-old man was charged in September 2010 after his car collided with a woman's motorcycle, ridden by a 22-year-old Miami Heat dancer.

The man recently requested permission to travel to Mexico City on behalf of his Fort Lauderdale insurance brokerage firm. But a judge ruled that he is not allowed to leave the country, even for business purposes.

Police say the man swerved into her lane, killing her. The man allegedly told police he had two vodka drinks while he was out before the crash. The woman died at the seen.

There are a few lessons that should be taken from this situation. The first is that accidents happen. People get into vehicle accidents on a daily basis and often they are the result of poor driving habits, including being distracted -- talking or texting on the phone, trying to eat and drive, apply makeup or change the radio station.

Sometimes, they are blinded by oncoming headlights or have a vehicle malfunction that causes a crash. Often, a medical problem can be the reason for the accident, too.

Even if a person has had a drink or two, it doesn't mean they were driving drunk. The state must prove that the alcohol in a person's system was the reason for the crash, and that can be difficult.

The other thing to keep in mind here is that while people who have had a drink or two can sometimes cause accidents, so can the victim, especially a motorcycle rider. Many motorcyclists ride far too fast and use aggressive driving habits, which can lead to accidents as well.

Law enforcement officers must not make assumptions that lead to major criminal charges. They must fully investigate and look at all angles and not just the ones that seem obvious. In traffic accidents especially, there is often more than meets the eye.

Dune Buggy Police Chase Leads to Boca Raton DUI Charges

Thu, 19 Jan 2012 10:06:08 -0500

Two men now face charges of DUI in Boca Raton, as well as drug possession after allegedly being involved in a chase with police, ABC News reports.

DUI in Boca Raton and elsewhere can lead to serious penalties. But it doesn't have to. An experienced Boca Raton DUI defense lawyer recognizes that for many people, this is their first time in the criminal justice system.

It can be terrifying and many defendants have a lot of questions and wonder what could happen to them. Answers depend on what evidence the police were able to get against the defendant, but that's not the whole story.

A skilled DUI defense lawyer looks beyond the police reports because sometimes the personnel issues of the officers involved can be a factor. Eye witness accounts, which may differ from what law enforcement officers say happened can often benefit the defendant as well.

There are many aspects to these cases that must be explored because the defendant requires a fair trial and a competent defense lawyer who can look at all the evidence and see where the prosecution's holes are.

In this case, ABC News reports that two men were on a dune buggy in a restricted construction zone that was unlit one recent late night. An officer pulled up to the work site and shined a spotlight on the dune buggy, which caused the two men to turn around and drive off.

The officer caught up with the men and pulled them over. Once the officer was able to talk with the suspects, neither had a weapon, but one of the men admitted to having marijuana in his possession.

The driver, who allegedly failed a field sobriety test, was charged with DUI. His friend faces a charge of drug possession.

What will be interesting to see in this case is whether the friend's observations of the field sobriety test being failed were the same as the officer's observations. Field sobriety tests and whether a driver passes or fails can be very subjective.

A police officer is trained on how to administer them, but most people in public can see whether a person is failing or passing a test. Most sober people can walk, heel-to-toe in a straight line and stand on one leg. It's obvious when someone fails or passes.

And, in this case, the reason for the initial stop should be looked at as well. Are police saying they had probable cause for the stop because the dune buggy was in a restricted construction zone? There are many four-wheeler riders who enjoy their machines on restricted land and in rural areas that are off-limits. Police know they're out there, but they don't bother them.

It will be interesting to see why police were called out there in the first place and all the events that transpired from the start to the arrest. Sometimes, what police say happened isn't the whole story and it takes a trial to uncover all the facts.

Car Chase Leads to Two West Palm Beach Arrests, Three Injuries

Wed, 18 Jan 2012 10:42:21 -0500

A recent West Palm Beach car chase led to two people being arrested and three people being injured, The Palm Beach Post reports.

Car chases with police can be very dangerous because suspects are often forced to drive at high rates of speed through crowded streets, putting them and others in danger. These chases are initiated by police officers, who sometimes have little reason to pursue suspects or violate department policies in conducting chases.

Our West Palm Beach criminal defense lawyers recognize that these chases can be extremely dangerous and can also lead to additional criminal charges.

In this case, The Palm Beach Post reports, two men were arrested after three people were injured following a chase and crash in West Palm Beach. The newspaper states that the 28-year-old driver, from West Palm Beach, now faces charges of fleeing and eluding, resisting an officer without violence, leaving the scene of an accident with injuries and driving with a suspended license.

The 20-year-old passenger is charged with resisting arrest without violence.

Police say an officer was responding to a call around midnight when the officer spotted a car running a stop sign. As the car headed north, it allegedly ran through another stop sign, heading north on Interstate 95.

As the officer followed, the vehicle drove south in the northbound lanes before heading through several stop signs and hitting a vehicle, causing the other vehicle to roll over. The story doesn't state when the chase began, however.

Police say the driver continued driving toward a residence and jumped out of the car when police caught up to them. They report the passenger threw himself to the ground, but wouldn't comply with orders from officers.

The driver allegedly ran away from police, but was later apprehended.

It may be tough to make a case against the passenger in this situation. Obviously, because he wasn't driving, it would be hard to charge him with participating in the pursuit. The fact that he gave himself up shows he was cooperating with police. If being injured in a vehicle collision and simply asking police not yank his arms behind his back and into handcuffs is a crime, most people in that situation would be charged.

As for the driver, the charges he faces show that the primary charge he was worried about was driving on a suspended license, which is no reason for a police chase. Now, both men face serious charges that require a strong defense.

An experienced West Palm Beach criminal defense attorney would advise clients never to engage in a high-speed police chase because not only does it put the driver and passengers at risk, but also other drivers, pedestrians, the police and others in harm's way. It will also always lead to more criminal charges. If someone is injured or killed, even the officer doing the chasing, the suspects can be charged with that death. It is a slippery slope that should be avoided at all costs.

DUI Manslaughter, Vehicular Homicide Charged in Fatal West Palm Beach Accident

Tue, 17 Jan 2012 14:55:22 -0500

The Palm Beach Post reports that a Lake Worth man is sitting in jail on a $1 million bond after he allegedly caused a DUI accident at a West Palm Beach club.

Vehicular homicide and DUI manslaughter are similar charges, with the major difference being that in DUI manslaughter in West Palm Beach, the prosecution must prove that the driver was under the influence of drugs or alcohol at the time of the crash, which can be shown either by a blood alcohol level of 0.08 or higher or by proving the person's "normal faculties" were impaired.

The difficult thing here is that in Florida, prosecutors are able to bring both charges in cases where one person dies. This allows them to present evidence that the defendant either caused the crash that resulted in the death through reckless driving or that it was the influence of alcohol that led to the crash.

Essentially, in the opinion of most West Palm Beach criminal defense attorneys, the state gets two bites of the apple. The are allowed to present two theories of facts against the defendant, who is stuck defending both, although a person can't be convicted of both counts if one person dies.

If the state isn't able to show the defendant was legally under the influence of alcohol or drugs through breath testing, field sobriety tests, blood tests or other means, they can always fall back on the idea that the driver operating a vehicle recklessly, which caused the accident.

In this case, the newspaper reports, a Lake Worth man driving into the parking lot of a West Palm Beach club allegedly pinned another man under a car, killing him. The 26-year-old driver now faces charges of DUI manslaughter, vehicular homicide, two counts of DUI causing personal injury and four counts of DUI causing property damage. The man also faces a charge of causing a death while driving without a license.

Three men were standing in the parking lot of the club when the vehicle approached them. The vehicle struck all three men -- cabbies -- as well as the car in front of which they were standing. The vehicle then struck two other parked vehicles and allegedly pinned another man beneath it as it came to a rest.

The article states that deputies believe either drugs or alcohol were a factor, though the article doesn't explain how detectives came to this conclusion. It's unclear if breath testing or field sobriety tests were conducted at the scene.

In many cases, however, an accident is just that, an accident. Law enforcement often tries to make a simple mistake into a criminal offense and sometimes a West Palm Beach DUI defense attorney must be called to show a jury that's what really happened.

These charges should be defended aggressively, especially given the extensive penalties that death-by-vehicle cases can lead to. Juries must be informed to take all facts into consideration, not just the ones put out by police in the initial report.

Boca Raton Woman Arrested on Domestic Violence Charge Over Parking Spot

Sun, 15 Jan 2012 13:59:51 -0500

More strange news out of South Florida after a 33-year-old woman was charged with domestic violence after her boyfriend missed a parking spot at a mall, ABC News reports.

Domestic violence in Boca Raton is a daily occurrence and yet police are often tasked with the difficult job of determining who was the aggressor and who was the victim. In cases where both people have cuts, bruises and scrapes, who should an officer trust?

Boca Raton criminal defense lawyers believe that it's difficult to make a snap judgement like that, especially when it's likely that one of the two people may be lying in order to avoid criminal charges. Far too often, if a man and woman get into an argument and the two turn their aggression to physical threats, the police will assume the man is responsible and charge only him.

This can happen even in situations where both the man and the woman have marks showing them have been in a tussle. Even in cases where there are no other witnesses and it's literally he said vs. she said, police will often make an arrest simply to assure there are no more flareups that turn worse.

But not in this case recently in Boca Raton. According to the news channel, a man and women were driving to the Town Center at Boca Raton. They were circling the crowded parking lot, looking for a free space to park.

The man was driving his girlfriend's car and as he missed a spot, the woman allegedly threw a cup of water at him and then slapped him several times, according to law enforcement officers.

According to the 33-year-old woman's arrest report, the man was wet and had red markings on his face when officers arrived at the scene.

This is certainly a strange case and it would appear that the man called police, though the news article doesn't specifically say that. This may be one of those situations where the victim/suspect was obvious to police, but that's not always the case.

In situations where people seek domestic violence injunctions, a Boca Raton criminal defense attorney should also be consulted. A person can be a temporary order with little evidence, though the person who the order is against gets notice and can appeal.

Legal representation is key in these situations because persuading a judge means the difference between an order being granted or denied. These orders can severely inconvenience a person's life because they typically restrict how close a person can get to the victim as well as whether they can contact them at all, either directly or indirectly.

For couples who have joint children or friends in common, this can be difficult. It also creates a stigma against the defendant, even if the facts are exaggerated. The standard of proof in these cases is low and simply convincing a judge to sign the order is all that takes to put one in place. Violating an order can lead to criminal charges, even if there aren't any charges currently in place.

Fort Lauderdale Man Faces Attempted Murder Charges After Pedestrian Loses Leg

Fri, 13 Jan 2012 12:51:38 -0500

In a strange case, a man now faces attempted murder charges in Fort Lauderdale after police say he caused a driver who was trying to escape his attack to hit a pedestrian, who lost a leg in the crash, the Sun Sentinel reports.

The 18-year-old now faces up to life in prison if convicted of the odd attack that authorities said he was responsible for provoking.

Fort Lauderdale criminal defense attorneys have seen many pieces of strange news come out of South Florida in the last few decades. They tend to get a lot of media coverage, which can be negative for the defendant.

Extensive media attention can often lead to a biased jury, as prospective jurors are reading the newspaper and watching television news on a daily basis. What's talked about far less, is it can lead to a biased judge or a prosecutor who is particularly set on seeing a defendant serve time. But an experienced Fort Lauderdale criminal defense attorney can sometimes use the media to the advantage of the defendant.

In this case, according to the Sun Sentinel, the 18-year-old allegedly started yelling at two people outside a Fort Lauderdale market, threatening them and asking what they were doing in the man's neighborhood.

Police say the two people got into their vehicle, but the teen started kicking the car and then forced his way into the car. He then allegedly started attacking one of the people in the back seat. Then man also had a brick that he allegedly threw into the windshield, shattering it.

In an attempt to get away from the man, police say the alleged victims began driving off when the man allegedly tried to throw another brick. In the ensuing mayhem, the driver lost control of the vehicle and crashed.

The driver's car pinned a man against a light pole and after being rushed to the hospital, the man's leg had to be amputated above the knee. Police say the teen then fled the scene, but they were able to identify him through the victim's testimony.

Along with a charge of attempted murder, the man faces charges of burglary with assault or battery, throwing a missile into a dwelling and criminal mischief. A Broward County judge ordered the man held without bond.

This is certainly a horrific set of facts, especially for the man who lost a leg as the result of an accident. But what will be interesting to see is what other witnesses at the scene said happened. It's unclear from the article where exactly this took place, but presumably there were others around when the incident happened.

It's possible there was some provocation from the alleged victims that led to the confrontation. And it's certainly possible that there was some overstating of facts about what happened inside the vehicle.

This case will certainly get more interesting as it moves on and it's likely the man's Fort Lauderdale criminal defense lawyer will persist in getting all the facts of the incident and not just what police said happened in their initial summary.

Boca Raton Domestic Violence Incident Highlights Question of Restraining Orders

Tue, 10 Jan 2012 11:23:54 -0500

A 56-year-old Boca Raton man was recently charged with domestic aggravated assault and resisting an officer with violence after two family members said he attacked them when they complained about the volume of the stereo he was playing, The Palm Beach Post reports.

This Boca Raton domestic violence incident highlights the need for an experienced West Palm Beach defense lawyer, who is able to help in cases of domestic violence.

These types of incidents are difficult for many reasons, but from a justice standpoint, it usually is a case of one person's word against another person's word. The person assuming the role of victim is usually believed by authorities, which leads to criminal charges for the other person.

Given the typical lack of witnesses, it can be tough to nail down the exact facts, but arrests are usually made anyway. In this case, deputies found the man and his brother-in-law fighting in the street when they arrived.

They ordered both men to the ground, but deputies say the 56-year-old refused to cooperate. They say he took a "fighting stance" after they began approaching him. Police stated that after they got to him and attempted to put him in handcuffs, he elbowed one of the responding officers.

The man's niece told authorities that she she got home from work, she heard music "blasting" from the man's room. She asked him to turn the music down, but he cursed at her. When she turned it down herself, he allegedly grabbed the stereo and smashed it over her head and began striking her repeatedly.

The woman's father, the 56-year-old's brother-in-law, pulled him off her, deputies wrote in their report. The men screamed at each other and moved their argument to the front yard. When deputies tried to speak to the man, he cursed at them and told them nothing happened.

In cases like this, it's possible that a restraining order could be helpful for a victim. To do it alone could be difficult, however. It requires going before a judge to get the paperwork issued and served on the person who is considered the aggressor. The initial filing is only a temporary order.

Once the person is notified of the restraining order, they can then appeal the order, which can require a hearing. If that person has an attorney, it may be difficult for the victim to get the restraining order made permanent. Representation is important.

An order will limit the contact that can be had between people. In cases where they live together, this can make life very difficult for the suspect, which can be a factor in whether the order is granted or not. But, restraining orders are designed to protect victims from those who have hurt them and a violation of an order can lead to additional criminal charges.

These documents can be helpful to stop a potentially difficult situation. But at the same time, these orders typically are based on a he said/she said type of evidence. That's what makes these types of cases so tough. And why an aggressive defense is always necessary.

Man Charged With West Palm Robbery; Says He Was Forced To Do It

Sat, 07 Jan 2012 10:34:28 -0500

A bizarre case is being reported out of South Florida recently, as a homeless man was arrested and charged with committing a robbery in West Palm Beach, though he told police he was forced by three men to do it. The Palm Beach Post reports.

In cases like this, police must do extra work to determine who is telling the truth. Understandably, police officers are typically skeptical of suspects because most have had every lie possible told to them in their line of work. It's not uncommon for some officers to disbelieve just about every person they suspect has committed a crime.

But there are instances where people tell the truth and the police disregard them anyway. That's when an experienced Fort Lauderdale criminal defense lawyer should enter the picture and take over the task of talking with authorities about the charges.

There are instances when a defense lawyer can use the facts of the case along with some persuasion, to get prosecutors either to drop charges or file less serious charges. Sloppy police work can allow this to happen.

You see, the charges that police arrest a person on aren't necessarily the charges that the state attorney's office will file. What typically happens is after police make an arrest, the officer writes up a report and marks and photographs any evidence that was collected.

Supervisors sign off on the work and after a certain time period, prosecutors are handed the case. They then have a deadline to file formal charges with the court. Sometimes, what the police charged is what the prosecution charges, but sometimes it changes.

That's because the police and the prosecution have different standards of proof. For the police, it's simply probable cause. That means reasonable suspicion to believe a person has committed a crime. That's as simple as a house was broken into and a person was seen nearby. That could be an example of how basic probable cause is.

But the prosecutor's burden is proof beyond all reasonable doubt. That's a much higher standard than what police officers have, so sometimes the charges can change from the time of arrest to when formal charges are filed with the court.

Proof beyond all reasonable doubt means that if there is any amount of doubt that the person is guilty, the defendant must be found not guilty. There are examples of reasonable doubt in many cases that must be taken into consideration.

In this case, the 44-year-old claims that he had been held captive by three men and was forced to commit several crimes. He is charged with robbery and is being held without bond.

Sheriff's deputies report that he alleged walked into a postal center one recent afternoon and demanded money. The clerk ran off to another business to call police and when she returned, there was $400 missing from the register.

The next morning, the man called police to report that he had been held captive at gunpoint and was forced to commit several crimes. He gave them the street names of three men, whom he said were holding him at a trailer park. Police said the man couldn't provide any additional descriptions of the three men.

Baseball All-Star Miguel Cabrera Avoids Jail Time in Fort Lauderdale First Offense DUI

Fri, 06 Jan 2012 09:52:12 -0500

Baseball player Miguel Cabrera avoided jail time after entering a no contest plea in connection with a February DUI charge in Fort Pierce, TCPalm.com reports.

With his trial set for January and jury selection around the corner, he decided to enter a plea rather than risk going to trial. Our Fort Lauderdale DUI defense lawyers have chronicled this case and have wondered whether Cabrera would go to trial or settle on a sound plea agreement.

Being charged with DUI in Fort Lauderdale can be a stressful experience. There's an initial amount of fear and embarrassment for the driver, who now must figure out what to do next. Having to attend many hearings and appearing in public doesn't help.

But as in Cabrera's case, there is hope. He was even able to get his driver's license back after requesting a Florida DMV administrative hearing. Anyone charged with DUI must request a hearing within 10 days of their arrest.

The hearing is largely technical and is separate from the criminal case. Whatever happens in that hearing won't affect the DUI charge itself.

And as Cabrera's case shows, a first-time offender can sometimes end up with a somewhat positive outcome. According to police, Cabrera was on the side of the road in his broken down Land Rover on February 16 last year.

Officers stated that Cabrera's speech was slurred and his eyes were bloodshot and watery -- all signs to officers that the person has been drinking -- and they handcuffed him for not following orders. Before being arrested, officers said Cabrera grabbed a bottle of Scotch and drank from it in front of police.

He was initially charged with two counts of resisting officers without violence as well as DUI. Prosecutors dropped one count of resisting officers without violence early on in the case and as part of the plea agreement, the second resisting charged was dropped.

In entering a no contest plea, Cabrera was ordered to pay $1,436 in court costs, attend DUI school and a victim impact panel, perform 50 hours of community service and endure a driver's license suspension for six months. He was also placed on probation for six months and had to pay a $500 fine.

As you can see from the penalties, even a misdemeanor DUI charge is a major crime in the justice system. For a multi-millionaire, the price tag isn't bad. Cabrera can also opt to pay $500 to cover his community service time. But, he can't buy his way out of attending DUI school and a victim impact panel or dealing with six months of probation and without a driver's license. And the real cost of a DUI conviction can approach $20,000, counting skyrocketing insurance premiums, missed work and other costs.

Those are major inconveniences that can be tough to live with. And while someone with a lot of money may be able to afford a driver, what about the rest of us? Imagine being in the position of not being able to afford cab rides or not having someone who can drive you around? It's a major inconvenience.

In this case, it was better than the alternative of going to trial and possibly being sent to jail or facing other sanctions if convicted. That's the gamble of taking a plea instead of going to trial. Every DUI defendant must take an aggressive approach to these charges and that means scrutinizing every piece of evidence and looking for holes in the state's case.

Man Charged in Connection with Beating Fort Lauderdale HOA President

Wed, 28 Dec 2011 10:31:10 -0500

A Fort Lauderdale man was arrested in connection with a brutal beating of a man that was caught on tape, local news media is reporting.

Being charged with robbery and battery in Fort Lauderdale is a major crime. Almost certainly, it is charged as a major felony, which can lead to serious prison time. As our Fort Lauderdale criminal defense lawyers well know, these charges must be fought aggressively.

Often, these cases involve people who know each other, and sometimes a self-defense strategy can pay off, but it depends on the case. Battery, depending on how badly a person is injured, can be charged either as a misdemeanor or felony.

According to Florida Statutes 784.03, a person who intentionally strikes someone can be charged with a misdemeanor. But if they have a prior battery conviction and is accused of a subsequent battery, they can face a third-degree felony, punishable by up to five years in prison.

The law also states that if someone attacks another person either with a deadly weapon or severely injures another person in an attack, the suspect can be charged with aggravated battery. That is a second-degree felony punishable by up to 15 years behind bars. As you can see, the charges can escalate rather quickly.

According to NBC Miami, a 27-year-old man was arrested and charged with robbery and battery in connection with a Nov. 4 attack in the parking lot of the Villas of Lakeview apartment complex in Fort Lauderdale.

The Lakeview homeowners' association president was the victim. He supposedly was trying to break up a noise disturbance at the units when he was attacked. Surveillance video showed the man standing next to his bicycle and talking on his cell phone before a person runs up and sucker punches him in the side of his head.

When the man tried to get up, he was punched twice and then kicked in the head, the video shows. The man's iPhone was stolen.

Police told the Sun Sentinel that officers used tips from the public as well as officers working leads to find the suspect. The 27-year-old now faces charges of battery and strong-arm robbery, both felonies.

At a court hearing, the man was initially held without bond because his arrest came as he was out on bond for marijuana possession charges. NBC reported that he later was ordered held on bond of $26,500.

The 61-year-old victim refused medical treatment once authorities arrived. The man has been the homeowners' association president for three years and has lived in Florida for six years.

Neither news source lays out why police believe they have evidence linking this man to the attack. It's unclear how detailed or clear the video is and whether or not the stolen phone was recovered in the man's possession or ever connected to him after the attack. Because the man was attacked without notice and then hit several other times, it's unclear if he would be able to identify the suspect. The police seem to have their work cut out for them in this case.

Overzealous Police Work Could Happen in Any Case, Including Fort Lauderdale Drug Cases

Mon, 26 Dec 2011 09:59:32 -0500

A recent case out of Georgia shows that overzealous police work can sometimes lead to a bad arrest. It's a situation that can happen anywhere, including Fort Lauderdale and other South Florida locations.

Our Fort Lauderdale criminal defense lawyers understand that police officers have a lot of pressure on them to solve crimes and catch the bad guys. This pressure comes from superiors, the victims, the news media and the public. Not only that, but they want their community to be safe like anyone else.

But, sometimes they go too far. They break rules, bend laws and violate people's rights. And that cannot be tolerated in a free society. In Boykins v. State, an officer had no right to search a person's car, but did so anyway and the Georgia Supreme Court called him on it.

According to court records, the man went to trial before a judge and without a jury and was found guilty of possession of cocaine. He was sentenced to four years in prison. On appeal, he argued that the evidence of cocaine in his vehicle should have been suppressed by the judge, though it wasn't. The man argued his Fourth Amendment rights were violated.

Court documents reveal that a police officer was patrolling a high-crime area and saw a man pull up to a woman walking down the street. Suspecting the man was attempting to pay for sex, the officer pulled around and the man drove off. The officer asked the woman if she knew the man, which she didn't.

The officer followed the man to a nearby apartment complex and pulled him over after he parked his car. The officer asked for identification, which the man said was in his apartment. He gave him his name and date of birth, which revealed an active warrant for his arrest.

After the officer asked the man to step out of his car, he handcuffed him and handed him over to a second police officer who had responded as backup. The first officer then searched the man's car and found cocaine in the center console.

During a hearing to suppress the cocaine evidence, the state only offered the officer, who recounted the story that way. An appeals court ruled that the officer had no reason to search the car. There are exceptions when an officer can search a vehicle without a warrant, but those are typically when a suspect is within reach of possibly being able to get his or her hands on something in a vehicle, such as a weapon.

In this case, the court ruled, the officer had no reason to search the vehicle. What was in the car had nothing to do with the alleged prostitution, which wasn't charged, nor with the man's outstanding warrant for a probation violation. The conviction was reversed.

Skilled and experienced Fort Lauderdale criminal defense lawyers are able to spot problems like these when officers overstep their bounds. This can lead to all evidence against a defendant being held out of trial, no matter what it is.

State v. Allen Shows Every Defendant Requires Skilled Defense Attorney

Fri, 23 Dec 2011 10:17:01 -0500

A Maryland case highlights the need for an experienced attorney to be at the defendant's side, especially when the case is a serious one. If something like this happens to someone in South Florida, the person should probably consider consulting with a Fort Lauderdale criminal defense lawyer.

In this situation the charge is murder, but what happened applies to a defendant facing any charge, including battery in Fort Lauderdale or drug charges in West Palm Beach. The criminal justice system is based on checks and balances. The defense lawyer is there to represent the suspect and keep the state accountable and ensure a fair trial. The judge is supposed to keep both sides in check and ensure they follow the rules.

But the system doesn't stop there. There are appeals courts and both state and federal supreme courts, all of which can look at the facts and make sure the defendant received a fair trial. If not, a new trial can be ordered, the defendant can get the charges dropped if the errors were egregious, and judges and prosecutors can be ordered removed.

In State v. Allen, a man was charged with murder in Maryland and had his rights violated not only in one trial, but also in a second.

According to court documents, Jeffrey Allen was at his friend John Butler's house one night in October 2001. Allen asked Butler to drive him home, but Butler refused. Allen then grabbed his friend's car keys, dangled them in front of the man and told him he'd just drive himself home.

That caused a fight and during the fight, Allen stabbed Butler with a kitchen knife, took the car and drove off. He later crashed the car and was arrested by police. A grand jury indicted him on charges of first-degree premeditated murder, first-degree felony murder, second-degree murder, armed robbery and a list of other less serious crimes.

During his first trial, a judge caused an irreparable problem when he told jurors that to convict him of first-degree murder, they could find that he intended to commit an armed robbery either before, during or after the murder. On appeal, a court ruled that an "afterthought" of robbery can't be used to convict someone of felony murder and they awarded a new trial on that charge only, upholding the convictions on the second-degree murder, armed robbery and other charges.

During the second trial, the jury was told the only charge they had to determine was whether the man was guilty of first-degree murder. During jury selection and again once the jury was set to deliberate, the judge -- despite objections from both sides -- told them the man had previously been convicted of the robbery.

In Florida, to prove felony murder, the state must show a person killed another while they were committing another felony, such as robbery, burglary or a sex crime. By telling jurors the man had been found guilty of the robbery, the judge did their job for them, finding one half of the allegation already true. They quickly convicted.

On a second appeal, a court struck down that conviction and ordered a third trial. It's unclear if the state has decided whether to continue down this path again. And while this is a murder case, judges make major mistakes in all types of cases. And while sometimes those mistakes can't be reconciled immediately, an appeal can sometimes help.