Florida Criminal Lawyer Blog

Fort Lauderdale Molestation Charges and Establishing a Proper Defense

Wed, 12 Jun 2013 11:31:45 -0500

A man was recently arrested in Fort Lauderdale for two, first-degree felony counts of lewd or lascivious molestation of a victim under the age of 12.

Our Fort Lauderdale criminal defense lawyers have learned that those charges have since been dropped, after the 9-year-old accuser told a state prosecutor that she didn't remember making the allegation.

Of course, these are very serious felony charges and as such, you can't always count on a young accuser to come forward with a revelation admitting that they are lying or that they their words were skewed.

Children in these cases are under a great deal of pressure because in many cases, physical evidence may be lacking so the strongest piece of evidence the state has is the child's testimony. The entire case may hinge upon it. That's an enormous amount of pressure to stand up to as a young person, even when you know that the initial allegation has been spun out of control.

For this reason, many of those who falsely accuse or exaggerate don't come forward with the full truth until many years later, if at all.

This is why it is critical to formulate a strong criminal defense early on in the process - at the first inclination you may have of an allegation, even if that is prior to an arrest.

Florida Statute 800.04 describes lewd or lascivious molestation as when a person intentionally touches in a lewd manner the private areas (clothing-covered or not) of a person who is under the age of 15 or forces or entices the youth to touch the older offender. If the suspect is over the age of 18 and the accuser is under the age of 12, the crime becomes a life felony.

As this case revealed, the involvement of young children can be especially troublesome when the consequences are so incredibly serious. In this situation, the girl reportedly told an investigator that the defendant had touched her "cookie jar," which is reportedly a word used by the child to describe her genitalia. But a few weeks later, the charges were dropped when the girl told a prosecutor she didn't remember saying that.

The prosecutor indicated that absent any physical evidence, it all came down to the testimony of the accuser, and the admission that she had no recollection of the allegation made the case virtually impossible to prosecute.

Many other defendants aren't so lucky.

Another Fort Lauderdale man was recently arrested those exact same charges, only this time relating to a 10-year-old girl for whom he babysits. The child alleges the defendant has sexually abused her from the time she was 6 years-old.

It's not clear at this point whether there is physical evidence in this case, but it does not appear as if the girl is backing down from her sworn statements.

Every case is going to be different, but there are a number of defense strategies that our attorneys can employ. Theoretically, it is the prosecutor's job to prove you guilty. However, there is often so much emotion tied to these cases that even otherwise non-biased jurors and judges will view sex abuse defendants through an unfair lens of guilt. No one wants to believe that a child would lie about, exaggerate or misinterpret such a thing. But it does happen. That's why are committed to showing the court why you should not be convicted of such serious charges.

Florida Welfare Fraud Targeted by State Officials

Wed, 12 Jun 2013 10:18:21 -0500

The Florida Department of Children and Families is cracking down on welfare fraud, saying theft of public-assistance dollars costs the state an estimated $1.35 billion annually.

The agency has just received grant funding from the state Department of Agriculture to implement a first-of-its-kind system to track and halt fraud in much the same way that banks and credit card companies already do.

Our Fort Lauderdale criminal defense lawyers know that these measures are primarily aimed at prevention, but they could undoubtedly be used as evidence in criminal prosecutions.

Florida Statute 414.39 governs welfare fraud in the state. It holds that any person who fails, either by false statement or by impersonation or misrepresentation or any other fraudulent means, to disclose material facts regarding the determination of a person's qualification to receive public assistance from state or federal programs or if the person falsifies information to receive larger benefits than what they might rightly collect, is guilty of a crime.

The severity of that crime, and therefore the punishment, depends on which fund was stolen from and how much was wrongfully taken.

For example, if a person wrongfully collects food vouchers from the state with an aggregate value of $200 or less in any one-year period, it's a first-degree misdemeanor, punishable by up to one year in jail. However, if the value of those food vouchers was more than $200 in a one-year time frame, it's bumped up to a third-degree felony, punishable by up to five years in prison.

The fraud tracking program that Florida is gearing up to launch is going to cost the state about $1 million to $4 million annually, but it's expected to save about $60 million just in that first year. In addition to funding from the Department of Agriculture, the state legislature pitched in about $5 million for the program, which should subsequently be able to fund itself.

A recent trial run over the course of five weeks involved establishing new hurdles to collection of food vouchers provided by the state. An online screening tool is used to pepper the recipient with a series of questions that only he or she should know. This particular device is an effort to ward off identity thieves. Of nearly 140,000 applications in the first several weeks, the Orlando office red-flagged some $210,000 in fraud - which was triple what authorities had expected to uncover.

Nowhere else in the government sector is this being done. This marks a shift in approach to the issue. Traditionally, tackling the issue of identity theft and welfare fraud had involved a method of "pay-and-chase." The state would pay out the funds, then recognize them as fraudulent and go after the alleged thieves.

This effort follows a number of higher-profile arrests for fraud in Florida. In one case, a mental health counselor in central Florida was accused of running a $3 million Medicaid fraud operation, using the money to purchase high-end cars, expensive vacations and nearly $200,000 in designer purses.

Then recently in Manatee County, some 100 people were arrested on allegations of food stamp fraud.

Right now in Florida, 9 out of 10 welfare recipients apply for their benefits online. This has allowed the state to reduce the huge lines at welfare offices, but it has given increasing rise to identity theft.

Three years ago, the state founded the Office of Public Assistance Benefits Integrity, which accepts and investigates complaints of public assistance fraud.

Public officials say that by far, Medicaid fraud is the most common problem in this realm, with individuals often hiding income in order to meet eligibility requirements. This is followed by food stamp fraud. In many cases, people will heist the identities of those who are imprisoned or deceased to collect benefits.

Last fall, Florida officials began using software to cross-reference information from financial institutions to determine whether recipients had access to money they weren't disclosing to the government.

Wrongly Convicted in Florida Offered Expanded Rights

Sun, 09 Jun 2013 10:58:22 -0500

The U.S. Supreme Court has expanded the rights of inmates who can prove actual innocence after a conviction. Essentially, they are allowed to break the 1-year habeas corpus deadline if they can convince a judge they should never have been convicted in the first place.

While this is certainly a positive for those who are wrongly convicted of serious crimes in Florida, our Fort Lauderdale felony defense lawyers know that the threshold these individuals have to meet is still very high. Ultimately, your best chance of avoiding a life behind bars is to take action BEFORE the trial to hire a criminal defense attorney with experience, skill and a history of proven results.

In the early stages of the criminal justice process, at least in theory, the onus is on prosecutors to prove you are guilty. For this reason, the odds are more stacked in favor of the defendant. While victim's rights advocates have decried this set-up, it's designed this way for a very specific reason: To avoid wrongful convictions.

In the appellate process, however, the odds are stacked against you. The onus is on the defendant to prove why he or she is innocent. That can be an uphill battle - even when new evidence comes to light that may not have been available at the time of the trial.

In the case of McQuiggin v. Perkins, that was exactly the kind of scenario that cropped up.

The defendant, Perkins, was convicted of first-degree murder following the death of a man with whom he had left a party. He was one of two men believed to have last seen the victim alive. The third man blamed Perkins, while Perkins blamed him. The jury ultimately believed the third man.

Then in 2002, affidavits of three witnesses surfaced that identified that third man as the killer. For reasons unknown, Perkins waited six years from the time those affidavits were discovered until the time he filed his habeas corpus appeal for his freedom and a new trial.

However, his request was initially denied on the basis of a 1996 law called the Antiterrorism and Effective Death Penalty Act. The title makes it sound as if it would be irrelevant to the case, but in fact, the law became key because it gives inmates exactly one year to file a federal habeas petition. The clock on that year begins either on the date which the judgement became final OR when the new evidence was discovered.

Perkins waited six years. We don't know why. Prosecutors tried to argue that in doing so, Perkins had forfeited his right to even have that petition heard by a judge.

However, the U.S. Supreme Court decided against that in a 5-4 decision, holding that if one could prove "actual innocence," the claim could proceed despite the failure to follow that one-year timeline. Failure to allow this, the court said, could result in miscarriages of justice.

But the standard of actual innocence is a high one. It means that the person has to convince a judge that had the evidence before the court today been available at the time of the trial, no reasonable jury would have moved to convict. That's a steep hill to climb. Usually, we'd be talking about cases in which DNA evidence had cleared the defendant or a key witness recanted.

In fact, the threshold is so high it may be even unattainable for Perkins. Time will tell.

The bottom line is that you need to rely on a good criminal defense attorney who will get it right the first time.

Florida Boating DUI Penalties as Harsh as Those on Land

Thu, 06 Jun 2013 10:05:33 -0500

The Palm Beach Post recently reported that some 32 arrests were made over Memorial Day weekend, including 7 for boating under the influence. Deputies also assisted nearby law enforcement agencies with an addition 13 boating under the influence arrests that weekend.

Although boating is a year-around affair in Florida, our Palm Beach BUI lawyers know that Memorial Day kicks off the official start of the summer season, which means authorities are out in full force searching for offenders.

In all that weekend, deputies issued nearly 130 boating citations and almost 500 verbal and written warnings.

Too many people make the mistake of thinking that just because they are on a boat, the same laws don't apply. That used to be true. Many states had different laws for what constituted as under the influence when it came to vessel operators.

That's been changing. Today, only three states allow for a legal blood-alcohol content of 0.08 percent or higher. Michigan, North Dakota and Wyoming all allow for a BAC of 0.10 percent before they will consider a boat operator intoxicated. Georgia used to be on that list, but just this year changed its standard to the 0.08 percent observed by Florida and 45 other states.

The U.S. Coast Guard reports that alcohol is the top contributing factor in fatal boating accidents in the U.S. It was the primary factor in 17 percent of the more than 650 boating deaths reported last year. That's a slight increase from the 16 percent reported in 2011.

In Florida, boating under the influence will net you the same penalties as if the offense had been committed behind the wheel of a car. Florida Statute 327.35 holds that if you are operating a vessel and are either under the influence of alcohol or any chemical substance or if you have a blood alcohol level of 0.08 percent or higher, you may be arrested. For a first-time violation, you will be looking at a fine of between $500 to $1,000 and up to six months in jail. A second offense will result in a fine of up to $2,000 and up to nine months in jail.

If your blood alcohol level is 0.015 percent or higher, you will face up to a $2,000 fine and 9 months in jail for a first-time conviction. You would also be required to undergo substance abuse counseling and be on probation for up to one year.

If you are found to be under the influence while operating a vehicle and cause damage to property, you will face a first-degree misdemeanor, punishable by up to one year in jail. And if you cause serious bodily harm to someone while under the influence of a vessel, you will face a third-degree felony, punishable by up to 5 years in prison. If someone dies as a result of your actions while under the influence and operating a vessel, you could face either a first- or second-degree felony, depending on the circumstances. That could have in you prison for 15 years to life - particularly if you did not stay to render aid.

If you are convicted of one of these crimes, you also face the chance that your vehicle will be impounded or immobilized.

Other states have taken these laws a bit further. In Illinois, for example, the legislature just passed a measure that allows the state to suspend a person's driver's license if he or she is convicted of operating a motorboat while under the influence. It also extends the concept of "implied consent" to those suspected of operating a boat drunk, meaning they may be subject to a suspension of that license simply for refusing to submit to a breathalyzer test.

In Washington state, the governor recently signed off on a BUI law that extends to individuals who are under the influence of marijuana.

Georgia's recent move to lower the BAC threshold came after a fatal crash killed two brothers, ages 13 and 9, in Lake Lanier last summer when their pontoon boat was crashed into by a fishing boat operated by a man who was allegedly drunk.

Incidents like this have changed the overall boating culture, not just in Florida but across the country. The director of law enforcement for the National Association of State Boating Law Administrators was recently quoted as saying that 20 years ago, if you were drunk and driving a boat, authorities would tell you to go home. Today, if you're driving a boat with a BAC of 0.08 percent or higher, he said, you will go to jail.

Wildlife Harassment in Florida Could Result in Prison Time

Mon, 03 Jun 2013 09:20:12 -0500

A lot of times when we talk about animal cruelty, we are referencing situations in which individuals are accused of abusing or neglecting domesticated or stray animals.

However, our Fort Lauderdale criminal defense attorneys know that there is another type of animal protection law that can make criminals out of people who simply didn't know any better. Many times, these people are tourists who figure their actions will be a thrill and won't hurt anyone.

But in fact under the law, when those actions involve Florida wildlife, they may be considered harassment or molestation. Any form of this, particularly when protected species are involved, is taken very seriously by both state and federal wildlife authorities.

A number of high-profile incidents recently have illustrated this fact.

Last year, a St. Petersburg woman was arrested on a misdemeanor warrant after she was photographed two months earlier riding a manatee in a state park. After the images went viral, authorities asked for the public's help in identifying the woman in the pictures. The 53-year-old woman later admitted she had touched the endangered animal, but said she was new to the area and didn't realize it was against the law.

In fact, Florida's Manatee Sanctuary Act makes it a misdemeanor to at any time, by any means or in any manner intentionally or negligently annoy, harass, disturb, molest or attempt to do any of the aforementioned to a manatee. The crime is punishable by a fine of up to $500 and a jail term of up to 60 days.

However, doing so may also potentially violate federal law. Specifically, the Endangered Species Act of 1973 defines harassment as the "intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying to such extent as to significantly disrupt normal behavior patterns."

This is the statute that will likely be applied in the case of three friends who were visiting Cocoa Beach. They allegedly lured a mother manatee and her calf near the dock, where one of the men then jumped onto the mother. Both manatees swam away, apparently unharmed. The men videotaped the encounter in a 51-second clip. That video then went viral. Now, the three are facing federal harassment charges.

While jumping or riding a manatee might seem like obvious harassment, even petting one can be deemed against the law, as one Fort Pierce man learned recently. He was photographed holding a baby manatee out of the water for his children to pet. In one image, a child was even placed on top of the manatee, although she wasn't actually "riding" it, per se. Those images were posted to the father's Facebook page, where they eventually caught the attention of authorities with the Florida Fish & Wildlife Conservation Commission.

The number of manatees in Florida is down somewhere between 2,500 and 5,000, despite the fact that they have been legally protected since the late 1800s. Authorities are going to take any action against them seriously. As one official put it, "It's like tackling someone in a wheelchair."

We understand however that most people who violate these laws are enchanted with the creatures, and never meant them any harm. It's our goal to ensure that these individuals aren't forever branded as someone who is a danger to animals or a violator of federal law.

Florida DUI Arrests Could Increase With Reduced BAC Limits

Thu, 30 May 2013 14:55:31 -0500

If the National Transportation Safety Board has anything to say about it, the national standard for intoxication behind the wheel will soon be slashed from a blood-alcohol content level of 0.08 percent to 0.05 percent.

Our Fort Lauderdale DUI attorneys understand this proposal recommends all 50 states and/or Congress pass a measure enacting the new standard.

It wasn't that long ago that the Clinton Administration strong-armed all 50 states and the District of Columbia into enacting the 0.08 percent standard back in 2000 by threatening to withhold highway construction money from any state that defied the order.

Prior to that, the standard BAC intoxication threshold was 0.10 to .15 percent. Now, a motorist testing .15 percent may face additional sanctions for testing nearly twice the legal limit.

Over the last several years, we have seen a dramatic decline in the number of motor vehicle deaths throughout the country. Advocates for stronger DUI laws indicate that this is primarily due to the more stringent laws that have been enacted. However, they discount some critical facts in that equation: We have cars that are better designed, we have highways that are better maintained, we have higher seat belt usage and more motorcyclists and bicyclists wearing helmets.

Advocates argue that, "If we save one life, it's worth it." Certainly, we don't want anyone to be injured or killed. However, as Sarah Longwell of the restaurant trade association the American Beverage Institute noted, this kind of change would essentially criminalize behavior that is perfectly responsible. We'd be thrusting the burden of a criminal record - and all the time, expense and other penalties - upon individuals who are doing nothing wrong.

What's more, this kind of action targets adults who are responsible, social drinkers who engage in moderate consumption. It has no bearing whatsoever on individuals who are hardcore, heavy drinkers who cause a huge portion of alcohol-related fatalities.

Beer Institute president Joe McClain has been quoted as saying that rather than go after social drinkers, the NTSB should narrow its efforts to areas where the government may be most likely to get results. That is, by increasing penalties on repeat offenders or those with a BAC of 0.15 percent or more.

Interestingly, not even Mothers Against Drunk Drivers is fully supporting this initiative, primarily because the agency says it won't be effective in actually curbing drunk driving injuries or fatalities. It will only result in more arrests.

A spokesman for MADD said that while the group favored other NTSB initiatives, such as mandatory ignition interlock devices for all DUI offenders and administrative license revocation, which allows officers to seize a person's license at the time of arrest, the lowering of the legal BAC would have little impact on the overall death toll.

Changing the definition of drunk, the spokesman said, does little to solve the problem. Still, the group contended it isn't going to oppose the measure, but rather, focus its advocacy efforts on other measures it anticipates will be more effective.

Rash of Recent South Florida Child Abuse Arrests, Police Report

Mon, 20 May 2013 11:18:22 -0500

There have been a rash of recent child abuse charges in South Florida, and our Fort Lauderdale criminal defense attorneys want to make sure that anyone facing charges of this nature are fully aware of their rights.

We recognize how devastating these kind of allegations can be, not only for your career, but also for your family. Some people end up being torn apart by it.

It becomes much harder to make amends when a person spends a significant amount of time in jail or prison for something they either did not do or that was taken out of context or exaggerated.

The allegations lodged just over the last month in South Florida run the gamut, and show just how broadly our child abuse statutes can be applied.

First, there was a 50-year-old special needs teacher accused of cruelty toward a child by inflicting physical harm. He is being held on $2,500 bond after a 9-year-old autistic child accused him of shoving his head to the floor sometime last year. While we do know that children with special needs are potentially vulnerable to abuse, we also know that they can't necessarily be held as reliable witnesses. Their perception of time and interpretation of other facts may lead them to exaggerate details that would be critical in a case like this particularly as there is apparently no physical or video evidence.

The second case involves a Lake Worth man accused of shaking his infant son and causing brain damage. The 5-month-old was reportedly in his father's care before his mother returned home to find him sleeping, yet displaying odd moans and movements. She called 911, and the child's injuries were believed to have been consistent with someone shaking it -retinal hemorrhages in both eyes, brain swelling and brain death - all likely to lead to the child's death. The father at one point said he dropped the child while giving it a bath, but then later told a detective he shook the baby because he was frustrated. He is charged with aggravated child abuse and child neglect, though he could be charged with murder if the child dies.

The third case involves a Coral Springs woman who reportedly struck her son on the head with an iron after learning he had stolen food from a nearby store. The boy, who was believed to be in middle school, told investigators he was forbidden from opening the refrigerator and ate once daily. The wounds from the iron reportedly were left untreated for about a week, though it's unclear how those may have gone unnoticed by school officials. The mother is charged with cruelty toward a child, child neglect and contributing tot he delinquency of a child.

In a fourth recent case, a Boynton Beach woman is accused of making her 17-year-old niece kneel on a metal cheese grater for several hours at a time as punishment for skipping school. Other previous punishments included beatings with a belt and a threat to poke the child's eyes out. The woman would later tell investigators that she sometimes slaps the girl because she becomes frustrated in dealing with her, but she denied beating her or the cheese grater punishment. She was arrested on a charge of child abuse.

These kinds of charges have the potential for a defendant to serve many years in prison if convicted, per Florida Statute 827.03.

If you are arrested, do not offer a statement to police and immediately request the representation of an attorney.

Broward Defense Lawyers Report Disappointing Florida Legislative Session

Fri, 17 May 2013 15:29:13 -0500

A number of bills that would have boosted protections and reduced penalties for criminal defendants in Florida have failed, ending what was ultimately a disappointing state legislative session in the view of our Fort Lauderdale criminal defense lawyers.

Among the measures that failed to gain steam: Protections for juvenile inmates, scrapping the death penalty, improved cell phone privacy measures and reduced penalties for low-level drug offenders and those charged with possession of paraphernalia.

Our hope is that at least some of these actions will be picked up once again in the next session, although success will require more support from voters. It's in this vein that we'd like to further explore some of these failed measures of the 2013 session.

The first was House Bill 4005, which would have eliminated the death penalty in Florida, commuting the sentences of all pending death row cases to life in prison. This is a bill that has come up over and over again, each time with proponents arguing that the death penalty is unconstitutional. There are some states where such measure have actually been successful. Florida may have a ways to go before we reach join them. This time, it was shot down in the Criminal Justice Subcommittee - its very first stop.

Next up were SB 1350 and companion HB 963, both of which dealt with the issue of juvenile sentencing. These measures would have provided sentencing alternatives in cases where a juvenile committed a felony that would otherwise only be punishable by life in prison. Already, juveniles can't be put to death, no matter what the crime. But it's a strongly-supported view that life in prison for a crime one commits as a minor amounts to cruel and unusual punishment.

These bills would have allowed that, under certain circumstances, the juvenile could potentially be eligible for a re-sentencing hearing after serving 25 years of their life sentence. Ultimately, both bills died on May 3.

Another troubling defeat also happened that day, with the demise of both SB 846 and twin bill HB 797. If these bills had passed, law enforcement agencies would have been required to obtain a search warrant before they could legally seize and search the contents of a portable electronic device, such as a cell phone. This is a critical protection because so many of the criminal cases we handle every day involve some type of electronic evidence, whether through e-mail, call logs, text messages, voicemails or private social media exchanges. When an officer seizes a person's cell phone, he or she has access to all of this information - which is an unquestionably broad search and seizure for almost any kind of investigation. Requiring a warrant would ensure that access to this information would be narrow, limited to the case at hand, and not indicative of a fishing expedition - as so many of these situations have become.

And finally, there was the passage of HB 49, which makes the sale of pipes used to smoke marijuana and other drugs illegal, as well as the failure of HB 159, which would have reduced the minimum mandatory prison sentences for those accused of prescription pain medication abuse.

Palm Beach BUI Results in Felony Charges After Skull Fracture

Wed, 15 May 2013 10:36:54 -0500

A 23-year-old man from Jupiter is facing a number of serious charges in connection with a 2011 boating accident that occurred along the Intracoastal Waterway.

Our Palm Beach BUI lawyers understand that the defendant is accused of striking an illuminated channel marker while speeding near Marcinski Road. Four other passengers on the vessel were injured, one of them critically with a skull fracture.

The charges against him include leaving the scene of a boating accident with serious injury, and four counts of violation of inland navigation rules.

Although authorities believe he had been under the influence of alcohol at the time of the crash, it's not clear whether they will actually charge him with that because he wasn't tracked down until the following day, when any alcohol that might have been in his system at the time of the incident had dissipated.

Still, it seems there has been enough evidence for him to face the other charges, which were filed by the Florida Fish & Wildlife Conservation Commission.

The FWC reported that the crash, which occurred almost exactly two years ago, left a 26-year-old male passenger with a fractured skull that required a 50-day hospital stay in West Palm Beach.

Witnesses said a group of people on a boat picked up the defendant from a home near the A1A bridge. From there, they went to a local tiki bar, and then to a rum bar. Over the course of the evening, it is believed that the defendant consumed somewhere between five and eight beers.

When the group left the second bar, he reportedly assumed control of the boat. As he drove, one of the other passengers reportedly instructed the defendant that he needed to lower his speed, as they were in a controlled speed zone.

However, this warning was not heeded. He was reportedly traveling at speeds of up to 40 miles per hour when he crashed into the channel marker.

The defendant then made it off the ship and fled, having a friend pick him up at a nearby gas station.

Officers found him the following day, with his girlfriend hiding behind a bar dumpster.

It's not clear why it took so long to file these charges, but the latest was that he was being held in Palm Beach County Jail without bond.

BUI is charged similarly to DUI in that one is considered legally under the influence if he or she has a blood alcohol level of 0.08 percent or higher, per Florida Statute 327.35.

A first conviction carries a possible six month jail term, while a second carries a possible nine month jail term and a third within 10 years constitutes a third-degree felony, punishable by up to five years in prison.

If a BUI causes injury or property damage, it's considered a first-degree misdemeanor, punishable by up to a year in jail. If it causes serious injury, it's a third-degree felony, again punishable by up to five years in prison.

If someone is killed, it's a second-degree felony punishable by up to 15 years in prison. If you kill someone and you leave the scene, it's a first-degree felony, punishable by up to 30 years in prison.

These kinds of incidents are more common than you might realize, especially in Florida. As we enter the summer season, bear in mind that there are an estimated 4,800 recreational boating accidents each year, with nearly 750 fatalities.

So regardless of whether your under the influence charges occurs on land or on sea, you will need to secure the services of an experienced defense lawyer.

South Florida Arrest for Copper Theft Shows Trend Not Dead

Fri, 10 May 2013 09:53:12 -0500

It seemed for a while that copper thefts in South Florida may have tapered off.

Our Fort Lauderdale criminal defense attorneys know that at the bottom of the housing market, after the bubble burst, the real estate landscape was littered with vacant homes, many of which were left abandoned and unsecured, leaving them vulnerable to copper mining. This was exacerbated by the fact that the price of copper began to soar, starting in 2004.

The problem was universal across the country, as evidenced by a 2010 report issued by the U.S. Department of Energy, which had detailed legislative and law enforcement measures taken to curb the problem.

But it was particularly bad in Florida, which was central to the housing market crisis.

It has trended downward in the last several years, as the price of copper has also declined, as has the wealth of opportunity with fewer vacant, unsecured homes to which potential thieves have access.

However, a recent incident out of Davie illustrates the practice isn't dead.

According to the Sun Sentinel, a 52-year-old man was arrested on charges of burglary, grand theft and battery, as well as several other unrelated charges.

The incident occurred at an electric company, where the defendant used to be employed.

The company owner said there had been three prior break-ins at the site within the past 30 days. He suspected a former employee was involved, but he had no proof.

So on a recent Monday night, he decided to stay on the property overnight, to see if he could catch the responsible parties.

The owner said he was awakened around 3:30 a.m. to the sound of someone hopping over the fence. He noted the suspect's pickup truck outside the lot, and he quickly ran over and punctured the tires so that the individual would not be able to escape.

A few moments later, the owner said he saw the defendant attempting to climb over the fence with a large spool of copper wiring. The owner raced over to the edge of the fence and attempted to keep the defendant inside the yard by striking him with a stick through the holes of the fence. At one point, the defendant reportedly kicked the owner in the chest, causing him to fall to the ground.

The defendant did eventually make it to his vehicle. However, he soon was stranded, as his tires were flattened. Police arrived on the scene soon after and held him there until the owner of the company identified him.

The defendant gave a statement to the police, saying that while he had kicked the owner, he had never actually entered the yard.

Even at this point, it would appear the evidence favors the owner. Add to that then the fact that there was also surveillance video, which reportedly showed the defendant hopping the fence to the inside of the yard, grabbing a spool of copper wire from the back of the truck and tussling with the owner before he made it to his truck.

The video shows a man using some type of gray cloth to cover the lower portion of his face. A similar gray cloth was discovered in the back seat of the defendant's truck.

That's a heavy burden of proof for the defense to overcome, and it was likely made worse by the defendant giving a statement to police. We can not stress enough here in this blog how critical it is to practice your right to remain silent and request an attorney.

We don't know the exact value of the copper taken in this case, but judging by the fact that he is charged with grand theft, we can assume that the property was worth at least $300. Typically, this is a third-degree felony, punishable by up to five years in prison.

However, per Florida Statute 812.014, if the individual commits grand theft and also either uses a motor vehicle to assist in the offense and therefore damages the real property of another person or simply by virtue of the crime causes damage in excess of $1,000, he or she may then be charged with a first-degree felony. That is punishable by up to 30 years in prison.

Florida Gun Crimes and Responsible Gun Ownership

Sun, 05 May 2013 15:35:08 -0500

The spate of recent gun-related homicides in Broward and Palm Beach counties are becoming less an aberration and more the norm, according to a recent investigative report by the Center for Public Integrity.

Our Fort Lauderdale defense lawyers understand that while overall homicides and violent crimes are down, murders committed with guns have spiked nearly 40 percent in the last 10 years, from 499 in 2000 to nearly 700 in 2011.

We don't have completed figures for 2012. But we do know that in the first six months of the year, 358 of the 479 homicides reportedly involved a firearm - and that was also an 8 percent increase from the same time frame in 2011.

In fact, while firearms were used in 56 percent of all Florida homicides in 2000, they now are reportedly involved in three-quarters of all murders.

Not all of those are necessarily unjustifiable.

Take for example the recent case of a Pompano Beach man who fatally shot a home intruder after being followed home from a local night club. The man said there hadn't been any angry words exchanged. The intruder followed him into his home shortly after 5 a.m., brandished a gun and demanded his jewelry. Rather than hand it over, he chose to act in self defense, and the would-be robber ended up dead.

Police have not yet decided whether they will file any charges or whether they will concede that the act was indeed in self-defense.

That situation, though, may be in the minority.

In homicide cases involving firearms, our defense lawyers will often seek to challenge whatever witness statements there may be, ballistics evidence, blood samples, motive and other aspects of the state's case. It truly will depend on the exact circumstances of the case, but know this: We recognize that when you are facing a homicide charge, only the most experienced and most aggressive criminal defense will do. We take that responsibility very seriously, and we spare no effort.

The CPI's recent report gives no solid answers for why gun crimes may be increasing so dramatically. But we do know that Floridians own more firearms than they did just 10 years ago. We know that the state's "Stand Your Ground," as well as the accessibility of concealed carry permits create more opportunity for gun crime. And of course we recognized the rights of gun owners and the fact that thousands of responsible gun supporters should not be penalized for the actions of a few.

The number of people applying for background checks to obtain firearms has shot up - from less than 300,000 in 2004 to more than 800,000 in 2012. From January to March of this year alone, another 300,000 applied for a background check.

That's not to say that every gun crime involves a firearm that is legitimately obtained, but the vast majority of those who apply for a gun permit in Florida are successful - more than 98 percent.

Florida is slower than other states in terms of submission of mental illness records to the primary federal database, and unlike a number of other states, Florida does not review those permits later to determine if gun owners are later disqualified due to felony convictions or mental illness.

Simply carrying a firearm illegally carries its own significant penalties. However, if you are accused of illegally using that firearm, call our experienced criminal defense lawyers as soon as possible.

Boca Raton Domestic Violence Arrest Shines Light on Harmful Publication Practices

Wed, 01 May 2013 05:44:26 -0500

A local news website has earned the kudos of our Boca Raton domestic violence defense attorneys for doing three things few other outlets would:

1. Removing a story that was especially harmful to the subject, who as it turned out had been absolved of her alleged crime;
2. Using the incident to educate people on the harms of domestic violence;
3. Changing its policy on the publication of domestic violence arrests.

It's awful enough to be slapped with a domestic violence charge, especially when the allegations are exaggerated or downright false. To then have that information splashed across a news website, accompanied by your photograph and possibly your address, can end up severely ruining your reputation and possibly damaging your career and future job prospects.

We understand and fully support our Florida Sunshine Laws that allow the public - including journalists - to access a wealth of official information regarding everything from land records to arrests.

But for journalists, there is a level of discretion about what to publish that is sometimes abused, particularly when it comes to arrests - and the Internet is a big part of the problem. Because arrests reports are public record, there is nothing against the law about a reporter reading, writing and publishing what is contained therein. However, news judgement sometimes goes out the window if editors think a story or brief will garner a few more clicks.

Even just a few years ago, newspapers rarely spent much time on domestic violence arrests - unless they were serious or involved a prominent figure - because to do so would consume valuable print space and wouldn't serve much purpose. However, the Internet has allowed many news sites to publish arrest "galleries," in which the public can click through people's mug shots, names, ages, charging information. Media cutbacks mean there is often no context to this information, no analysis for why the public might need to know this.

So there is little of value for the public, but there is a great amount of harm inflicted on those who are "featured."

What many news outlets don't recognize - and what we applaud Boca News Now for seeing - is that domestic violence arrests are unique in that they don't often require the same burden of proof threshold as other crimes. That is, if police respond to the site of a domestic disturbance, someone is almost assuredly going to be arrested. It often comes down to who has more bruises or who is a smoother talker.

And even though a lot of times, those charges are either reduced or dropped altogether, the arrest information remains up on these news websites regardless of the case's resolution, resulting in tangible and significant harm to those involved.

That's what happened here in this case. A woman contacted the Boca News Now newsroom, tearful and desperate for her arrest information to be removed from the site. She was finding it impossible to gain employment with the information still up on the web. As it turned out, the state attorney's office had determined the 21-year-old woman had merely been defending herself against an abusive boyfriend. The office declined to prosecute and a judge expunged her record.

It took this kind of extreme case for the publication to note that the way in which it was publishing domestic violence arrests - often with little follow-up information or context. With this realization, the paper instituted a new policy: "Unless there is a compelling reason to do so, we will no longer report domestic violence abuse arrests," particularly for those under the age of 25, the editor pledged. The editor went on to say that if the paper did decide to publish a domestic battery arrest, after careful consideration, it would later remove that content upon receiving notification that the charges had been dropped, the case dismissed or the record expunged.

We're not asking reporters not to do their job, but we do wish more publications would recognize their power and adopt this same measure of caution.

Broward Criminal Defense Lawyers: Don't Formulate Defense Strategy Alone

Sun, 28 Apr 2013 15:18:53 -0500

A 75-year-old man living in South Florida has been accused of repeatedly sexually assaulting a 12-year-old girl who shared the same residence.

His response?

A zombie may have been responsible.

Our Fort Lauderdale criminal defense lawyers believe there could be several elements at play here. Given the man's age, we could be talking about dementia. We could be talking about a mental infirmity or illness. Given the man's native origins, we could be talking about a different religious belief system.

This is all speculation, of course, but what this case illustrates so well is a point we regularly try to drive home, and that is this: No defendant - especially one accused of such a serious crime - should offer a statement to criminal investigators without a defense lawyer present.

Even if you are innocent, you must understand that law enforcement investigators are trained interrogators. They know how to manipulate a conversation. They know how to twist your words around. They are skilled in tripping you up. This is why we so often hear about false confessions. Interrogations go on for hours and hours and such intense pressure is applied that before long, an innocent person begins to doubt the truth.

But let's assume for the sake of argument that you did commit the crime they are alleging, or some lesser degree of it. No matter how clever you are, you will always benefit from consulting with an experienced lawyer because it is our job to formulate defense strategies. Especially here at this law firm, where we are former prosecutors, we are intimately familiar with how these interrogations work. We know the strategies law enforcement officials use, and we don't allow you to fall prey to them.

When you speak to law enforcement without your lawyer there, you may potentially be significantly limiting your defense strategy options. Even revealing knowledge of seemingly minor details could end up posing a host of challenges for your case.

In this case, the girl reportedly went to her school principal and told him that the defendant had returned to the home after an extended stay in another country, and that she was afraid to return home.

She later told investigators that the defendant would molest her in the bathroom, after everyone else was asleep. In one case, her brother reportedly witnessed such actions.

However, the defendant claimed the children were lying and it was probably a "zombie."

Even if the children aren't being truthful, a zombie defense is unlikely to go far with a judge or jury.

He was booked on five counts of sexual assault and lewd behavior, and was being held on $5,000 bond.

If you are arrested, in addition to withholding a statement to investigators and immediately requesting a lawyer, here are some other things to keep in mind:
--Don't argue with an officer. The investigator may want you to become emotional in order to get you talking.
--Be respectful and polite. Even if you are innocent, being combative will get you nowhere.
--Remember that every single thing you say can be used against you. Stay silent. That is your right. Avail yourself of it.
--Know that you do not have to consent to a search of your vehicle, your home or yourself. That doesn't mean you can necessarily stop it, particularly if police have a warrant. However, consenting to a search will limit your rights in court with regard to whatever is later found.
--Speak about the situation to no one but your lawyer, and maybe your spouse or close loved one - if you're lawyer says it's Ok to do so. Almost anyone can be called as a potential witness against you.

Palm Beach Shoplifting Ring Busted After Failed Heist

Mon, 22 Apr 2013 14:39:23 -0500

A Russian retail theft ring was reportedly felled in Boca Raton recently, with four women cuffed on charges of retail theft and organized fraud.

Our Palm Beach County shoplifting defense lawyers know that these individuals are facing felony charges, as opposed to misdemeanor petit theft charges, for two main reasons:
--The value of the items stolen (some $32,000 worth of clothing);
--The fact that it was part of an organized crime ring.

Police say the scheme was fairly elaborate. It worked like this:

One woman would enter a high-end clothing retailer the evening before a planned heist. That woman would put a product in a place where there might be little to no camera action, such as a dressing room.

The next morning, the alleged accomplice would enter the dressing room, place the items in a bag lined with tin foil. The purpose of this would be to throw off the store sensors located at the exits.

However, in this case, it appears the loss prevention officer was on to the scheme, as it had been carried out previously. Security apprehended one woman as she attempted to exit the front doors.

Meanwhile, two other women also fled the store, but were cornered in a mall bathroom, where police later arrested them.

A fourth woman was arrested after officers discovered her waiting in a rented vehicle in the parking lot. Inside that vehicle, detectives reportedly found another $15,000 worth of stolen items.

While we tend to think of shoplifting as a fairly small crime, something closely associated with youthful indiscretion, the reality is that more frequently, these cases involve some type of organized criminal activity.

The National Retail Federation reported that last year, 96 percent of stores were affected by organized retail theft. That was a record number, and a 2 percent uptick from a year earlier.

Florida Statute 812.014 describes theft as the action of knowingly obtaining, using or trying to obtain or use another person's property with the intent to deprive another of rights to that property and appropriate the property as her own, even though he or she is not entitled to do so.

Penalties for this crime depend on the type of item stolen, the value of that item, from whom it was stolen and whether you caused any property damage in carrying out the act.

For example, if you steal a motor vehicle or a firearm, the offense will be a felony. If you cause ore than $1,000 in property damage in the course of committing a theft, you'll be facing a felony of the first-degree. If you stole emergency medical equipment or law enforcement equipment or if it was valued at more than $20,000 but less than $100,000, you'll be charged with a second-degree felony.

The law even goes into such detail for theft of items like:
--Stop signs;
--Fire extinguishers;
--Large shipments of fruit;
--Farming animals;
--Bees;
--Anhydrous ammonia;
--Controlled substances.

But no matter what, if you are working with an organized crime ring, as opposed to on your own, you will face additional penalties.

These charges must be taken seriously.

South Florida Pill Shipments Could Lead to Drug Arrests

Tue, 16 Apr 2013 13:50:49 -0500

It wasn't long ago that the vast underground network of pain pill distribution from Florida to nearby states was dubbed the "Flamingo Express."

Federal agents have been working hard to crack down, arresting doctors and pharmacists with copious pain prescription rolls, busting so-called pill mills and pursuing suspected street distributors.

Now, our Hollywood drug crimes defense attorneys understand that the U.S. Drug Enforcement Administration has set its sights on the shipping companies. In particular, the agency is gunning for accountability from UPS and FedEx.

Specifically, the DEA is targeting orders of prescription drugs filled by online pharmacies, suggesting that the carriers have a responsibility to screen packages and alert federal officials of potential problems. The DEA says both firms have knowingly shipped illegally-prescribed drugs over the course of the last decade, and have failed to take any decisive action to prevent these shipments.

However, the two firms have had vastly different responses to these probes.

On the one hand, UPS agreed to forfeit $40 million it had previously collected for shipments from online pharmacies. It also settled on the implementation of a corporate compliance program, which essentially amounted to barring online pharmacies from using its services.

FedEx, however, has pushed back - hard. The shipping company said that the kind of controls that the DEA is talking about implementing are not only absurd, they are "disturbing." For starters, such action has the potential to threaten the privacy of its customers, said one spokesperson.

The representative further noted that shipping carriers are not law enforcement. They aren't trained to detect which pills are illegal and which aren't, and doing so would be a time-consuming and costly undertaking.

This investigation is only the latest in a host of those brought by the DEA against doctor's offices or companies that distribute or sell prescription pain medications, such as hydrocodone and oxycodone.

In another of these cases, the DEA is squaring off with Walgreens in a criminal federal D.C. courtroom, claiming that the firm's South Florida distribution center has been filling orders for high volumes of prescription painkillers without conducting any kind of internal inquiry about those orders. The firm's distribution center, based in Jupiter, is the top distributor of oxycodone and oxycodone products in the state.

In one case, the DEA reportedly discovered more than 3,200 bottles of oxycodone had been distributed over a 40-day period, despite the fact that the town where the pharmacy was located had just 3,000 residents.

Walgreens has said it is cooperating with the DEA.

Last year, a federal judge in D.C. upheld a similar action from the DEA against a different distribution center in Lakeland.

Even Google hasn't been exempt from the DEA's focus. Last year, the company forked over $500 million in a criminal case, after the U.S. Justice Department had alleged it had knowingly run advertisements from illegal online pharmacies that were based out of the country, but catering to U.S. consumers.

Really, the question comes down to what extent legitimate companies can be held accountable for customer activities.

The only thing that is for certain at this point is that the DEA is not losing steam on this track.

Illegal possession and trafficking of prescription drugs are serious offenses that can carry long-term prison sentences. If you are arrested, consult with an experienced criminal defense lawyer before offering any statement to law enforcement.