Florida Criminal Lawyer Blog

Broward Homicide Defense: Too Sick to Kill?

Tue, 15 May 2012 09:24:03 -0500

Fort Lauderdale homicide defense attorneys are arguing that their client could not physically have committed the Broward homicide, due to illness and limitations.

Our Broward defense attorneys understand that most homicide cases require extensive investigation and input from those in the medical and scientific communities.

It used to be, many Broward homicide cases were predicated primarily on circumstantial evidence or witness testimony, which we have repeatedly been proven unreliable. However, with the advent of DNA technology and advances in modern medicine, trials are taking a much more technical approach. Jurors more often expect that prosecutors will present a case that shows at least some level of scientific proof. Defense attorneys, meanwhile, have to combat this with the same level of sophistication - and that's why it is crucial to hire a Broward homicide defense attorney with experience in handling such high-level cases.

In this situation, a Plantation man is accused of killing his landlord in a vicious stabbing and home invasion robbery in 2010. However, medical doctors testifying for the defense said that the accused was suffering from asthmatic bronchitis, lung problems, and incapacitating pain in his shoulders, knees, back and ankles at the time of the killing.

The two doctors had been treating the suspect for these ailments prior to his arrest.

Prosecutors contend that these physical impediments would not have necessarily prevented him from carrying out the crime. Still, it appears they may have an uphill battle in making that case, considering the weight jurors often give to the testimony of medical doctors.

The suspect is facing a first-degree murder charge, as specified in FL Statute 782.04. As you may know, the main difference between a charge of first-degree murder and other types comes down to premeditation: Did the accused plan to kill the victim?

First-degree murder is the most severe crime one can be charged with, and is accompanied by the harshest of penalties: death. That is what this suspect may be sentenced to if convicted on that charge, plus the kidnapping, armed robbery and arson charges he is also facing.

Unfortunately for the defense, the suspect's own son has admitted participating in the crime with his father, and is testifying for the prosecution in his father's case, in an effort to avoid the death penalty himself. The son, as well as the suspect's common-law wife and another son, say he was furious after the landlord sent him a demand for overdue rent.

Broward homicide defense attorneys contend that the first son - not their client - was to blame for the killing.

Defense attorneys also said that the defendant, who is overweight, would have been physically unable to carry out the crime. Doctors, one of whom had treated the defendant for the past two decades, said he had a recurring collapsed lung, a torn meniscus in one knee and suffered severe pain in his elbow, knee, back and ankle from a fall that occurred just before the murder. Additionally, the defendant had been prescribed oxygen for his lung problems and was on a variety of pain medications - hardly capable of overtaking a man, several years his junior, along with the victim's wife and 5-year-old son. The wife and child survived the attack.

Broward Criminal Defense Attorneys Note Rising Crime Rate

Tue, 08 May 2012 15:37:47 -0500

The number of individuals requiring a Broward criminal defense has increased by 3.5 percent from 2010 to 2011.

Our Broward defense attorneys believe this is important to note, given the multitude of headlines indicating that crime rates across the state have increased.

And in Miami-Dade, where officials boasted a 0.3 percent drop in the crime rate, the county still has one of the highest crime rates in Florida, with nearly 5,500 crimes per every 100,000 people.

The Florida Department of Law Enforcement has been tracking and publishing crime statistics since 1971. While a number of agencies have touted the decreasing rates, it's actually relatively small. In fact, the crime rate in Florida reportedly dropped just 0.1 percent - that's one-tenth of one-percent - from 770,518 in 2010 to 769,480 in 2011. That's really not enough to tell us much of anything, despite the fact that FDLE officials say Florida is safer than it has been in the last 41 years.

The FDLE keeps track of everything from murders to motor vehicle thefts.

Overall in Florida, the crime rate per 100,000 people was 4,070.

It's important to note that these rates are figured based on what city and county law enforcement agencies report to the state. That means that there is likely a great deal more crime that simply isn't reported.

Secondly, these rates also have a lot to do with factors like how each law enforcement agency allocates its manpower and the methods used by each individual agency to categorize a crime. Police agencies have been known to instruct officers to classify crimes as a lesser offense, simply so that their city can be deemed safer.

When we look at violent crimes in Broward County, murders decreased from 63 to 59, and aggravated assaults were down from 4,958 to 4,743 and motor vehicle thefts were down from 4,717 to 4,502. Every other category, though - rape, robbery, burglary and larceny - were all up.

Another interesting point to make, however, is the clearance rate. In Broward, the clearance rate in both years was less than 20 percent. What does that mean? It means that police either made an arrest or closed a case just 20 percent of the time. This is not something law enforcement administrators like to hear.

So what does that mean for you?

Well, in order to get that clearance rate to increase, police agencies will encourage officers to close their cases - make an arrest, put someone behind bars so they can move on. But when they're working with diminished resources, as many agencies are, this can lead to inevitable errors. That means that more people are likely to find themselves fighting Broward criminal charges that may not have been thoroughly investigated.

This is where it becomes so important to hire a qualified Broward criminal defense attorney, one who can closely study the facts of your case and help you determine the legal strategy that will lead to the best possible outcome for you.

Fort Lauderdale Homicide Watch: Murder Can't be Proven in Hazing Case

Thu, 03 May 2012 14:51:01 -0500

Fort Lauderdale homicide defense attorneys have been watching with interest the case out of Orlando, in which college students from Florida A&M University have been implicated in the death of a marching band student during a hazing ritual.

In order to prove homicide in Fort Lauderdale, or anywhere else in the state, prosecutors have to show that according to FL Statute 782.04, the accused unlawfully killed another human being - premeditated or not. Specifically, in a first or second-degree murder case, the state must show that not only did the person die, but that you took direct action which resulted in his or her death and that you did so intentionally.

In a manslaughter case, as defined in FL Statute 782.07, prosecutors have to prove that the person died as a result of your culpable negligence. That just means that while you may not have intended for the person to die, they were killed as a result of an action you took that you knew or should have known might have resulted in their death.

What's interesting in this case is that even though the A&M drum major is said to have died as a result of beating injuries inflicted by his fellow band mates, who were aboard a charter bus at the time, no one is being charged with second-degree murder or manslaughter.

You would think that in a case like this, with multiple suspects and multiple witnesses, that proving guilt would be simple. Where prosecutors ran into trouble was that they could identify no singular injury by any person or persons that resulted in the young man's death.

So instead, prosecutors have charged 13 individuals with hazing, as defined in FL Statute 1006.63. Under this law, hazing involves any physical brutality that includes (but is not limited to): whipping, branding, beating, forced consumption of food, alcohol or drugs, forced physical activity, exposure to the elements or any other forced physical activity. Additionally, it could include an activity that would subject someone to extreme mental stress, such as sleep deprivation, forced conduct that would result in extreme embarrassment, or forced exclusion from social contact.

Hazing is specifically limited to students, which could mean middle school through college.

Hazing can be punished either as a third-degree felony, which would result in a maximum prison sentence of five years, or a first-degree misdemeanor, which could result in a maximum 1 year behind bars.

In this case, the 13 individuals are facing different levels of the charge - some felony, some misdemeanor. They were arrested after the 26-year-old student was reportedly beaten to death aboard the bus following a game at a rival school.

Some legal analysts have speculated that the prosecutor in this case could have opted for manslaughter charges. But Fort Lauderdale homicide defense attorneys know that it would have been difficult to prove, because as the prosecutor himself stated, while many allegedly participated in the beating, there wasn't enough evidence that any single person was responsible.

Palm Beach County Traffic Ticket Defense: A Double Standard

Tue, 01 May 2012 10:18:15 -0500

Our Palm Beach County traffic ticket defense attorneys know that red light cameras have raised concerns regarding fairness and legality.

For those who have ever required a Palm Beach County traffic ticket defense, you're probably aware that these little devices snap photos of vehicles who reportedly run red lights. At one point last year, there were so many legal problems with the devices - problems that were costing taxpayers more in legal fees than they were bringing in with citations - that lawmakers had even for a time debated taking them down.

Those discussions have been shelved for now, but one issue that has recently cropped up is a double standard between cops and the rest of us. According to an investigation by The Sun-Sentinel, most cities aren't ticketing their own officers when they run a red light without a legitimate reason.

In most cases, the newspaper found, the officers are being given a verbal warning or a written reprimand, rather than the $160 fine the rest of us get.

In Juno Beach, for example, the town has out-and-out refused to give officers citations for red-light running if they're in their police cruiser - whether they're actually working or not. There, all emergency vehicles are getting a pass.

In a lot of cases, if the officer was on official duty, the ticket is dismissed.

Certainly, our Palm Beach County traffic ticket defense attorneys understand that police are emergency responders, and as such, sometimes have to get to a scene very quickly and are permitted to violate certain traffic laws to do so, provided they use the utmost caution.

And certainly, the red light cameras are rife with problems.

But the greater issue here is fairness. If police are not rushing to a scene, there should be little reason why they would need to run a red light.

The whole issue has led to some somewhat embarrassing exchanges, which the newspaper made public. In one e-mail, a deputy U.S. marshal contacted a sergeant at the West Palm Beach Police Department, asking for, "help with a little problem that I have." She went on to say she received a red light citation while she was in her personal vehicle, but that she was in fact on official business. The case was dismissed.

While we can't weigh the merits of that specific case, the greater issue is perception. Municipalities can't cherry-pick to whom they will give these citations.

Police agencies have said that a written reprimand is a harsh penalty for officers who violate the law, and that most would rather pay the $160 fine. However, our Palm Beach County traffic defense attorneys would counter that most citizens would rather receive the written warning - if that were an option.

However, Palm Beach traffic defense attorneys have had great success in fighting these red light camera tickets. That means if you receive one, you don't merely have to pay the fine and have the mark on your driving record. Consult an attorney to consider your options.

Broward Criminal Defense Watch: The Ethics of Prosecutors & Judges

Mon, 30 Apr 2012 09:42:16 -0500

When mounting a Broward County criminal defense - regardless of the crime - criminal defense attorneys must trust that all parties, including police, prosecutors, jurors and judges, will act ethically.

Unfortunately, we know that's not always going to be the case. That's why it's important when you hire an experienced defense attorney - someone who is able to call it out when they spot any violations of ethical and legal codes. Your freedom depends on it.

One such situation involved a death penalty cases and the relationship between a judge and a prosecutor.

In 2007, after the conclusion of a death-penalty murder trial, in which the defendant was convicted, it was discovered that the judge and prosecutor in the case exchanged nearly 500 text messages and 1,000 phone calls during the course of the case. While the two contend they never discussed the actual case, the issue went directly to their credibility, and ultimately, the integrity of the proceedings and the resulting verdict.

In the end, the conviction was overturned and the case tried again. The result was another conviction (although the defendant received life in prison, rather than the death penalty), but both the prosecutor and the judge face significant sanctions.

Following an investigation by the Florida Bar, a 10-page report was issued that indicated the two should have revealed that communication to the defendant's attorneys. The fact that they did not was "prejudicial to the administration of justice." The bar recommended a 1-year suspension of the prosecutor's license. He is reportedly now in private practice.

The prosecutor has two months to make an appeal, which he reportedly intends to do. The state's Supreme Court will make the ultimate decision.

As for the judge, she stepped down after the details of misconduct became public, and she also is now in private practice. She has a final hearing before the bar scheduled for next month. She may face even greater sanctions, given that the court holds her to an even higher standard of conduct.

What may also not work in her favor was that the state Bar has indicted the former judge took steps to mislead the Judicial Qualifications Commissions into thinking that her communication with the prosecutors was insignificant.

At the time of the trial, the pair were communicating outside the courtroom through texts and phone calls, an average of more than nine times daily.

While a number of people spoke as character witnesses on behalf of the prosecutor during his hearing, the Bar's 10-page report said none of that provided any insight into the misconduct.

Always do your research when looking to hire a Broward criminal defense attorney. Make sure he or she has a proven record not only of success, but also that he or she has a reputation for upholding the highest ethical standards. Failure to do so could be detrimental to your case.

Port St. Lucie Assault Between Teens Lands Parents in Jail

Tue, 24 Apr 2012 08:58:32 -0500

A Port St. Lucie assault between two teen girls has landed one of the girl's parents in jail.

Our Port St. Lucie defense attorneys understand that police claim the altercation was encouraged by the parents. They have been arrested on both felony and misdemeanor charges, though media reports have not indicated exactly what those charges are.

According to The Palm Beach Post, the Port St. Lucie Police Department opened an investigation after the mother of a 15-year-old girl reported the fight, which happened at a Martin County Beach.

Apparently, the girls had made arrangements to meet at a local park on Southwest Cameo Boulevard. When the 15-year-old girl arrived, she noticed the older girl's parents were there. The older girl's mother allegedly said, "Get her. One on one," apparently encouraging her teen daughter to fight.

Additionally, the older girl's father was present, and reportedly prevented other teens at the park that day from moving in and breaking up the fistfight.

This might have been a situation of she-said-she-said, were it not for video that was apparently recorded on another teen's cell phone. Police investigators reviewed the recording, which reportedly showed the parents actively involved in encouraging the fight, with the mother cheering and clapping.

This brings up a point that is important to remember in Port St. Lucie criminal defense cases: never assume your actions aren't being recorded. With the advent of smart phones, virtually anyone can record anything - particularly if you're in an area with a lot of teens or young people.

That being said, this would seem like somewhat of a bizarre incident. However, the fact is a lot of these cases have been surfacing recently - in Florida and across the country.

A recent case out of Lehigh Acres, on the Gulf coast, a mother was arrested for hosting a so-called "fight club," in which authorities allege teens were allowed - and indeed encouraged - to engage in physical violence against one another at their home. The fights had been hosted since November, although it's reported that no one was seriously hurt. In that case, the couple's 17-year-old son was recruiting other teens from his school to participate in a "mixed martial arts" fighting club.

His parents were ultimately arrested on a little-known and rarely-used statute that prohibits amateur boxing (FL Statute 548.0065). That's considered a second-degree misdemeanor.

And in Nevada recently, three mothers were arrested after investigators say they encouraged their children to fight - an incident that resulted in an all-out brawl that involved about 80 young people. In that case, they were charged with contributing to the delinquency of a minor.

That's likely at least one of the charges that the parents face in the Port St. Lucie assault case.

Laws and penalties in every state are different, but in Florida, contributing to the delinquency of a minor (FL Statute 827.04) is defined as anyone who commits an act that causes, tends to cause, encourages or contributes to a child of becoming delinquent. Additionally, a person can be prosecuted under this statute if they induce or try to induce by either encouragement, persuasion or order to have a child commit an act which would render him or her delinquent.

The law also specifically says that the child doesn't have to actually be arrested for the adult in the situation to be prosecuted.

Violation of this is considered a first-degree misdemeanor - the most serious level of misdemeanor - which is punishable by up to 1 year in jail.

Palm Beach County Juvenile Crimes Can Haunt

Wed, 18 Apr 2012 13:20:07 -0500

When a child or teen is accused of a juvenile crime in Palm Beach County, there is sometimes the assumption that those offenses disappear from your record once you turn 18.

Our Palm Beach County juvenile defense attorneys know this is not the case - which is why it's so important to have a skilled defense attorney before your child ever sees a judge. Having strong legal representation at the very beginning of the process will give your child his or her best shot of having those charges dismissed, reduced and ultimately expunged.

The issue of how a juvenile indiscretion can haunt someone into their adulthood was recently explored by The Palm Beach Post. The individual they chose first to highlight was a law school graduate from West Palm Beach who now resides in Miami.

She is successful and was able to overcome her past to reach where she is today. But the felony charges she racked up between the time she was 12 and 17 have no doubt impacted her. She told the reporter that because she was 17 when she was charged felonious grand larceny and burglary, she was tried as an adult. That has meant the charges have stayed on her record, and she has had difficulty in the past finding an apartment as well as employment.

Another individual is now 20 and grew up in foster care and group homes after her mother passed away. In that unstable environment, she got into trouble. She was charged with grand theft auto, battery on a school employee, as well as fleeing and eluding. But she went back to school after her release from the justice system at age 18. Her plans are to attend state college and join the Navy - but she worries about how that criminal record might hurt her chances of both.

What most parents and young people don't realize is that juvenile records don't automatically disappear once a child turns 18. In fact, some of those records can be accessed by anyone in the public. Under our state's sunshine laws, the Florida Department of Law Enforcement (FDLE) has to disclose any details of criminal history - including juvenile delinquency - upon request, unless those records have been expunged or sealed. If your teen has been arrested on a felony charge, his or her name, photograph, address and arrest report can become public. The same is true for a teen who has been convicted of three or more misdemeanors or if the child has been charged as an adult.

In most cases, the FDLE will hold onto your child's criminal record until he or she turns 24 years-old. At that time, most juvenile records are expunged, or essentially destroyed. But there are exceptions to this. If your teen has been labeled a serious habitual offender or if he or she was ever committed to a correctional facility or prison, the FDLE can hang onto those records until he or she is 26 years-old. If your teen is older than 18 and was charged with a forcible felony before his or her juvenile record is expunged, then that juvenile record can be tacked onto their adult record. The same goes for a child who is charged as an adult or if he or she has been deemed a sexual offender.

It's important to note that these things can be overcome, so just because your child is charged with a serious offense, it doesn't mean his or her life is over. But because of the serious impact it can have, securing a good defense attorney is going to be critical for laying the foundation for a more positive future.

Broward Criminal Defense: Pill Mill Operator Pleads Guilty

Fri, 13 Apr 2012 14:39:54 -0500

A Davie man, identified in media reports as a "pill mill magnate," has pleaded guilty to a host of drug charges in Broward County, and could serve as much as two decades behind bars.

Our Broward County criminal defense attorneys know that federal, state and local officials have been on a war path when it comes to pain clinics across the state. A great deal of press has been given to the "epidemic" of prescription pain killer addiction, and officials have used the term "pill mills" to describe even legal clinics working to serve patients with legitimate pain issues.

While the patients themselves have been the target of many law enforcement efforts, the owners and operators of these clinics have also found themselves in the legal cross hairs of prosecutors.

In this case, a 43-year-old pain clinic operator has pleaded guilty to a host of crimes, including money laundering and tax fraud. In exchange for his testimony against other individuals in the case, prosecutors have agreed to a stiff, 20-year sentence, which could wind up being less depending on how useful his testimony proves.

Prosecutors alleged that among several clinics in Miami-Dade and Broward, he dispensed nearly 700,000 oxycodone pain tablets, raking in a profit of roughly $22 million between 2008 and 2011. In order to bring in patients, the operator reportedly purchased and ran some 1,600 websites. Customers were made to pay in cash, with a payment of $250 for the first visit and $200 for each subsequent visit. Patients who were coming in from out of state had to pay higher rates.

In some instances, patients were made to undergo MRI tests for between $100 and $500. These tests, according to prosecutors, weren't medically legitimate, but rather a scam which would give patients VIP status in obtaining pills. It's also alleged that staff at the clinics forged urine tests that would validate a patient's need for the prescriptions.

The clinic operator reportedly posted advertisements for doctors on Craigslist, retaining only those who were on board with plans to prescribe large quantities of pills.

Defense attorneys had argued that the clinic operator rarely was involved with the day-to-day operations of the clinic, and had hired what he believed to be a capable management staff.

Many local municipalities and counties have passed recent legislation, limiting the number of pain clinics that can operate in a given area and restricting the qualifications for owners and the scope of the operation.

Then last year, the state legislature passed HB 7095. This measure outlined the following guidelines for pain clinic operators:

-Toughened the regulations for writing prescriptions and pain-treatment plans;

-Doctors who over-prescribe pain medications are slapped with a base fine of $10,000 and a six-month license suspension;

-Mandated that doctors use prescription pads that are either counterfeit-proof or electronic. The tablets have to be purchased from a state-approved vendor, which is then required to report those sales each month;

-Made it a high-level misdemeanor for a pharmacist to not report to police a person who is trying to buy prescription drugs under false pretenses;

-Requires pharmacies to report prescription information to the state within a week, rather than two weeks, as they did previously;

-Wholesale pill companies have to report their sales to the state;

-Doctors who work at pain management clinics have to let the state know when they start working at the clinic and when they stop;

-Gave law enforcement the authority to search clinic records without a search warrant.

These overly-broad measures are no doubt going to lead to violations of privacy and an increase in the number of individuals who are arrested for Broward prescription drug crimes.

Fort Lauderdale Self-Defense Cases Impacted by Trayvon Martin Slaying

Tue, 10 Apr 2012 10:16:13 -0500

Will Fort Lauderdale self-defense cases suffer in the wake of the fatal shooting of 17-year-old Trayvon Martin in Sanford?

That's a concern of Fort Lauderdale criminal defense attorneys. While the facts and implications of the case - which is still under investigation - have been combed through by analysts across the country, one aspect that hasn't received much discussion is what the effect will be on cases in which there is a legitimate claim of self-defense.

While this case has become racially charged, the fact is self-defense is, and must be, a legitimate defense when a violent death occurs.

For anyone who may have been living under a rock the last month or so, here's what we know about the Martin case: That Trayvon was walking home from the store with a bag of candy and iced tea in his pocket. George Zimmerman, a neighborhood watch captain, called 911 to report a suspicious person, wearing a hoodie, cutting through yards. The dispatcher instructed him not to follow the suspicious person, but he did so anyway. A confrontation of some sort ensued, and Zimmerman shot Trayvon.

Initially, police declined to press charges against Zimmerman, citing Florida's Stand Your Ground Law, or FL Statute 776.013, passed in 2005, which in essence says you do not have an obligation to retreat if you are attacked, and can use deadly force if necessary. It's very similar to the state's self-defense laws, though it primarily applies to an attack that occurs in the victim's home.

The initial lack of prosecution in the case sparked a national outrage, prompting the police chief in Sanford to step down and the governor to appoint a special prosecutor to take over the case. Additionally, the U.S. Department of Justice is conducting its own review.

So what does all this really mean for the rest of us?

Ultimately, it's an unfortunate climate for people who may have been placed under arrest for a violent crime, and yet have a viable claim of self defense. Fort Lauderdale criminal defense attorneys will need to proceed with extra care in scrutinizing potential jurors, who will need to be questioned about the so-called "Trayvon Factor." That is, can they weigh a Stand Your Ground claim in a way that is specific to the facts of the case before them - and not what happened in the Trayvon Martin case.

In Stand Your Ground and other self-defense cases, a judge in Florida can hold an evidentiary hearing to decide whether an individual acted in self-defense. It's an immunity hearing held to a lesser standard than the one jurors use, which is beyond a reasonable doubt. The issue here is that judges are elected officials. They could be hesitant to toss out criminal charges on the basis of self-defense, given the current political climate.

Just take for example Miami-Dade Circuit Judge Beth Bloom. She dismissed a murder charge against a man who killed another who had reportedly broken into his car and then threw a hefty bag of car radios at him. The decision made local police livid and garnered nationwide attention, just as the Trayvon Martin case was beginning to gain steam.

Judges make unpopular - and difficult - decisions all the time. But the fact that this is an election year can't be entirely ignored as a possible element in certain cases.

Fort Lauderdale criminal defense attorneys will need to tread carefully and with an understanding of the impact of Trayvon's death in weighing their strategy in other cases.

West Palm Beach Felonies & Smartphone Apps

Fri, 06 Apr 2012 14:42:31 -0500

Technology is changing the way police investigate both misdemeanor and felony charges in West Palm Beach.

Our West Palm Beach felony criminal defense attorneys understand that law enforcement officers are lamenting the use of smartphone technology in the hands of individuals who are seeking to evade them.

The debate centers on the police scanner apps that can be downloaded onto almost any smart phone.

It's true that ever-improving technology has given everyone - not just those deemed by law enforcement to be criminal - the access to police scanner data. That's because police communications are transmitted over public airways, on signals that can be captured by almost anyone.

Police worried, for example, that individuals who were committing burglary under FL Statute 810.02 might be armed with a smartphone - or have someone waiting outside who is - and will be alerted to when officers are on their way, and when it's time to flee.

Publications geared toward law enforcement have hyped up smartphones and these applications as the "latest tools for criminals," and as being frequently used by gang members and their associates to spy on police activity.

There has also been a great deal made about the ability of smartphones to allow youth to coordinate a quick gathering of hundreds of individuals on a single street - whether for a party or a fight or anything else.

One local neighborhood watch president said drug dealers used to be out on the street corners, communicating with walkie-talkies. Smartphones, she said, have allowed drug dealers to up their game. Not only does it allow swift communication, one person can commit a crime while the other stands as look-out.

However, just because a person has this app, which can be downloaded on Android or the iPhone, does not make them a criminal. The app is perfectly legal - for now, anyway.

Officials in Indiana have determined the apps are illegal to use or download there, though according to various media reports, it's not clear whether state attorneys are actually prosecuting anyone for it.

The Electronic Communications Privacy Act, a federal law passed in 1986, holds that while you are allowed to use scanners in your home or at work, you can't use them for "personal gain," and you can't share the information you hear with others.

And you should be warned, too, that if you do use a scanner - whether on an app or otherwise - to aid in the commission of a crime, the penalties are increased under FL Statute 843.16. This law holds that it's illegal to install or transport "radio equipment" using the frequency of state or law enforcement officers. The law holds exception for private users and news organizations. Violation of this statute would be considered a second-degree misdemeanor.

Fort Lauderdale Manslaughter vs. Murder Charges: The Trayvon Martin Case

Mon, 02 Apr 2012 13:59:28 -0500

The differences between Fort Lauderdale manslaughter and murder charges are nuanced and technical, but can make a big difference in terms of the penalties in the case.

Our Fort Lauderdale manslaughter defense attorneys know that this is a topic that has arisen much lately, in the wake of the shooting death of 17-year-old Trayvon Martin in Sanford. His death, reportedly at the hands of a neighborhood watch captain who claims self-defense, has triggered protests across the country, demanding prosecutorial action against the shooter, who has yet to be charged.

The truth of the matter is that for now, we don't know exactly what happened in the Trayvon Martin case - very few do at this point, and one of those individuals is now deceased. While we step back to allow the justice system to work, we do believe that some valid questions have arisen as a result of the case - one of which being the question regarding manslaughter vs. murder.

Examples of high-profile manslaughter cases include the man in Sumter County, whose python escaped its cage and killed a 2-year-old, or the doctor of Michael Jackson, who prescribed a lethal dose of a powerful sedative.

The parents of Trayvon Martin, the teenager who was killed in February in Sanford, are calling for George Zimmerman, the gunman, to be charged with murder.

Sanford police, however, had initially investigated the crime as one of manslaughter, which is defined under FL Statute 782.07. The difference between this and murder, which is defined under FL Statute 782.04, comes down to intent and culpable negligence.

In most cases, when we talk about manslaughter, we're talking about an act that was committed in the heat of the moment. A manslaughter results in a death, but in order to prove that a person committed this crime, a prosecutor doesn't have to show that the act was planned or premeditated.

What the prosecutor does have to show, according to that statute, is something called culpable negligence. This means essentially you have done something and didn't use that common sense voice in your head that says, "Somebody might get hurt if I do this."

In fact, it's more than just being negligent. Prosecutors have to show a wanton disregard for the safety of other people.

In the case of Trayvon Martin and George Zimmerman, there has been much speculation about what happened that night. Zimmerman says he was acting in self-defense after Martin attacked him. But supporters of Martin say Zimmerman followed Martin when he was advised not to by a 911 dispatcher, and further, may have attacked Martin unprovoked.

Police initially used the Stand Your Ground Law under FL Statute 776.013 - which basically says that you don't have to retreat if you feel threatened and can use force to protect yourself - as a reason for not initially filing charges.

Again, we don't know the facts of this specific case, but in order to prove Zimmerman guilty of manslaughter, prosecutors would have to show that not only did his actions cause Martin's death (which is almost certain), but that those actions were wanton and reckless and not protected under self defense or Stand Your Ground.

If convicted on a manslaughter charge, Zimmerman would face a penalty of up to 30 years in prison. Typically, a manslaughter conviction would net a maximum of 15 years behind bars, but the sentences are stiffer when the alleged victim is either a child, a disabled person or an elderly person.

Fort Lauderdale Plea Bargain Defense Addressed by Supreme Court Decision

Mon, 26 Mar 2012 12:55:39 -0500

You have the absolute right to effective counsel during the plea bargaining stage of your Fort Lauderdale criminal case.

That's something our Fort Lauderdale criminal defense attorneys have always believed. Now, though, it's been explicitly laid out by the U.S. Supreme Court.

The decision arose out of something our attorneys have unfortunately seen too many instances of: attorneys that give their clients wrong or poor advice, resulting in penalties that were far harsher than were necessary given the circumstances.

The two cases - Lafler v. Cooper and Missouri v. Frye - were grouped together on this issue. While the circumstances of each case were very different, both raised the same question: Do those accused of a crime have the right to sound legal advice throughout the process of plea bargaining?

The opposition argued that, no they don't because plea bargains aren't constitutionally protected rights. This is true.

Plea bargains are hammered out between prosecutors and defense attorneys and usually involve some level of compromise, i.e., you drop x-y-z felony charges, and we'll plead guilty to this lower, misdemeanor charge. There is no mandate or guarantee under the law that says the prosecution has to offer you a plea bargain. But most of them do.

In fact, in the vast majority of cases - somewhere between 95 and 97 percent - a plea bargain is the resolution. That means an overwhelming portion of cases never go to trial. And what that also means is that if you don't have adequate legal representation at this phase of the game, you are in trouble.

And with this ruling, the U.S. Supreme Court for the first time formally recognized that. In fact, as Justice Kennedy has been widely quoted as saying, "In today's criminal justice system, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for the defendant." He added that the plea bargain is not some sideshow to the criminal justice system - it IS the criminal justice system.

The two cases that sparked the ruling were the result of two very different circumstances. In Missouri v. Frye, a college student was pulled over for his fourth alleged offense of driving with a revoked license. Because he had so many prior offenses, he was charged with a felony. The prosecution, however, extended a plea bargain that would have allowed him to reduce that felony to a misdemeanor and serve about three months in jail. But the defendant never knew about that offer - because his attorney never told him. So instead, he pleaded guilty to the felony charge - without conditions - and was sentenced to three years behind bars.

In Lafler v. Cooper, the defendant was facing charges of attempted murder in an attack in which he reportedly shot a woman several times in the thigh and buttocks. His attorney told him - wrongly - that he couldn't be prosecuted for attempted murder under state law if the wounds were inflicted below the waist. Based on that assumption, the defendant turned down a plea bargain. He went to trial, and was subsequently convicted.

In both cases, bad legal representation resulted in poor outcomes for these defendants.

What this legislation does is give defendants legal recourse when these kinds of situations occur. This is a great step because you don't hire an attorney expecting they will be incompetent.

However, it's better to research the credentials and results of both the attorney and the firm they work for. Know their track record. Read the testimonials. Make sure they are experienced in the field in which you need representation. Ultimately, this could save you a world of trouble in the long run.

Fort Lauderdale Misdemeanor Charges Could Follow Skipped Jury Duty

Wed, 21 Mar 2012 14:53:03 -0500

Those who skip out on jury duty could be facing a misdemeanor in Fort Lauderdale.

Fort Lauderdale misdemeanor defense is frequently important. In the past, people have tended to view jury duty as an option. Now, though, court officials in Broward have started a separate docket to deal solely with people who don't show up for jury duty.

The Sun-Sentinel recently reported on this program, which was launched by County Judge Robert Lee.

FL Statute Chapter 40 spells out the requirements of jurors. Under these laws, people who don't show up to jury duty can be charged with a misdemeanor and fined a maximum of $500 and serve six months in jail.

It's a statute that is rarely enforced - until now. Prior to this, it was typically up to the individual judges to decide what action to take when jurors failed to execute their duty.

The Broward Clerk of Courts reported that an average of 300 to 400 people are called to show up to jury duty every single day. Of those, only about 60 percent actually go.

The majority of the rest usually let officials know beforehand that they won't make it. There is always the option to reschedule if the date does not work, or if there is a reasonable excuse why they can't be there. Those reasons can include anything from transportation issues, child care problems or financial hardships.

One case outlined by the newspaper involved a 33-year-old single mother from Hollywood. She had reportedly not shown up seven different times. While she told the judge she has children and no transportation, the judge still gave her a fine of $250 and a requirement that she show up for jury duty next month. He chose not to give her jail time.

The Broward Clerk was quoted as saying the office tries to be understanding and work with people who have conflicting schedules. She characterizes those being prosecuted as individuals who have crossed the line into abuse of that leniency.

While a misdemeanor may seem minor, our Fort Lauderdale criminal defense attorneys understand that the fines alone can create a financial hardship, not to mention the time missed from work. It's also a stain no one wants on their permanent record. For this reason, a number of individuals said they planned to fight the charges.

On individual who was called to answer for her absence told the newspaper that on the first date, her underage daughter was having a cancer biopsy. On the second date, she was in the hospital with pneumonia. Because she works in the sales industry, she is being forced to miss yet another day's work to have a bench trial. Still, she says it is worth it because taking prosecutorial action against her is unfair.

We certainly understand how important it is for people to do their civic duty in giving their time to serve on a jury. Indeed, the criminal justice system would be halted without it. However, there are times when the reasons for not showing up are valid, and the court needs to take that into careful consideration.

Morel v. Wilkins Deters State from Long Pre-Trial Detainment in Florida Criminal Cases

Thu, 15 Mar 2012 17:00:27 -0500

Our society is one that prides itself on rehabilitation. We always believe that people make mistakes and deserve a second chance. The law here in Florida does provide some safeguards to help give people an opportunity to get the mental health treatment they need in relation to their Florida criminal law cases.

Morel v. Wilkins is a Florida criminal case that addresses the constitutional rights of criminally convicted detainees. This case arose where a man who had committed sexually violent acts was place in the care of the state for purposes of rehabilitation.

The issue that the Florida Supreme Court was charged with was to determine whether the delay in the commitment trial of the defendant and his detention could be classified as a constitutional violation. In this case a commitment trial refers to the judicial proceedings surrounding the reasonable cause grounds for which the state is seeking to confine the detainee in jail or a mental institution.

In 1996 Morel was found guilty of sexually violent acts and sentenced to ten years imprisonment. During this trial Morel was classified as a violent predator and therefore subject to the Jimmy Ryce Act. Because of the application of this statute, Morel was sent to Florida Civil Commitment Center (FCCC) where he was considered a pre-trial detainee. The judge had not ruled regarding commitment of this defendant which made him ineligible for the sexual offender treatment program (SOTP).

Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act (Jimmy Rice Act) is a Florida statute passed in order to manage and rehabilitate inmates who have been convicted of sexual offenses. These offenders are kept at FCC where they are provided with long term sex offender and psychiatric treatment. These inmates are held until they can be safely re-entered into their communities. Technically, the application of this statute in Florida is similar to a judicial commitment.

This Jimmy Ryce Act provides for several agencies within the state of Florida to determine the level of risk involved in the release of the offender. Before release, these inmates are assessed by several mental health professionals and a multidisciplinary team to determine if they have been rehabilitated. Only upon Court Order finding the violent offenders rehabilitated, will these inmates be release.

Sexual offender treatment program (STOP) is a program used to help sexual offenders seek therapy and reintroduce themselves to society. STOP is only available to those who have a commitment order already on file. The main focus of this program is to provide individual and family therapy to these offenders and a structured treatment plan integrating them back into their family.

After seven years at FCC, Morel filed a petition for a writ of habeas corpus seeking full access to the comprehensive SOTP. A writ of habeas corpus is a mandate filed by a prisoner to determine whether they have been lawfully imprisoned and whether that prisoner is entitled to release from custody. Because Morel was still awaiting his civil commitment trial, he did not have access to the STOP.

Morel argued that this denial was a violation of the Fourteenth Amendment’s due process and equal protection rights. He also argued that the amount of time that these offenders had to wait for treatment through the SOTP was too long and therefore constitutionally defective. And lastly, his confinement was illegal because of the eight years he spent as a pre-trial detainee waiting for his civil commitment trial.

Although the Court warns against the risks of prolonged pretrial delays, they found in favor of the state in this very telling decision. Because Morel is the main reason behind his need for treatment from FCC, and because he is the sole determining factor in whether he is released, there has been no violation of his constitutional rights. Basically the court said, the state did not err in maintaining his status as a pretrial detainee, although eight years is not preferred. Because of this status, Morell is validly not entitled to SOTP.

Criminal defense is very complex. Morel brought this action without consultation with an attorney. Making the mistake of managing your own defense can be the difference between freedom and imprisonment. Our South Florida criminal attorneys understand this and are here to fight for you.

White Collar Crime in Palm Beach County Garners Stiff Penalties

Tue, 13 Mar 2012 15:49:31 -0500

The phrase "Palm Beach white collar crime" may bring to mind images of a business executive, puffing away on a cigar in a high rise office suite.

But our Palm Beach County criminal defense attorneys know that white collar crime can actually take on a myriad of different forms. More than a dozen recent arrests on charges of fraud and money laundering illustrate this point.

According to reports from the Palm Beach Post and News Channel 5, authorities have arrested 15 people - with 7 more suspects sought - in a public fraud sting known as "Operation Leap Fraud."

The individuals caught up in the operation are accused of defrauding the government of millions of dollars by using false information to obtain benefits offered by public housing and food stamp programs.

It doesn't appear from the news reports that the individuals arrested were necessarily working together. Rather, they are accused of committing individual acts of fraud.

One important aspect that an experienced criminal defense attorney should explore in these cases is whether the accused even realized they were committing a crime. A lot of this may ultimately come down to misunderstandings of the system, in which case the attorney can fight for potentially lowered or dropped charges.

For example, one case allegedly involved a landlord from Lake Worth who took his tenant's monthly $800 government food subsidy as rent compensation. It is possible that the landlord did not realize this was illegal. Perhaps he was simply trying to help out a tenant who couldn't otherwise afford a roof over his or her head - a very real problem for a growing number of people in this economy.

Another suspect from West Palm Beach is a 35-year-old mother who reportedly filed false information about a family member who was receiving benefits through her. Reportedly, her 15-year-old son is facing three murder with a firearm charges, making him ineligible to receive benefits. Another woman is accused of not disclosing all of the people who lived at her public housing residence. But again, how were officials able to discern what was active fraud and what may have been honest mistakes? This is something that defense attorneys for these individuals will need to sort out.

Other individuals netted in this round of arrests are accused of mortgage fraud, or essentially providing false information about debt in order to secure housing loans for people so they could ensure they would turn a profit.

Authorities say this is the third installment of the operation, and they expect several more will follow. All total, authorities say the fraud uncovered in this operation amounted to more than $960,000. That was all little by little, with theft amounts generally ranging between $800 to $100,000. Some are facing prison sentences surpassing 80 years - essentially, life behind bars.

Given the fact that law enforcement boasted about these arrest at joint press conferences, it's clear they had hoped to be praised for their efforts. However, it will be interesting to see the depth of proof and how these cases actually play out in the courtroom.