Florida Criminal Lawyer Blog

The Option of Plea Bargain in a Criminal Case

Tue, 24 Apr 2012 15:42:56 -0500

Plea bargaining is a traditional approach used by many Fort Lauderdale criminal attorneys to help avoid a criminal case from going to trial. Under a plea bargain, the prosecutor encourages the defendant to file a guilty plea as an incentive for reducing the punishment. The principle behind plea bargaining is to make the justice system speedier and fairer, while treating a criminal in a more humane manner as long as he or she is willing to plead guilty. Fort Lauderdale criminal attorneys can provide legal advice to defendants regarding a plea bargain.

DNA in Criminal Cases

Thu, 29 Mar 2012 15:42:28 -0500

Essentially, humans are all the same. We're only separated genetically by a scant 0.5 percent of our total DNA. The remaining 99.5 percent is identical. That 0.5 percent, however, has taken the world of crime solving by storm. Although DNA is fairly new to law enforcement, its roots have been firmly implanted within the scientific community for more than a century. Fort Lauderdale criminal attorneys have also relied on DNA evidence to exonerate clients who have been wrongfully convicted.

Over the years, DNA evidence testing has become a valuable tool for law enforcement. It has aided detectives in cases that were otherwise impossible to prove. Items once thought to be too small for testing, or even for use as clues, are now the solid foundation of murder and rape cases.

DNA evidence tests are capable of providing us with invaluable scientific proof of physical contact between an assailant and a victim. The tests can also be used to eliminate a person as a suspect or to link several crime scenes to the same perpetrator.

Detaining a Shoplifter at the Store

Fri, 09 Dec 2011 11:08:51 -0500

Under most state laws, a private citizen not associated with the store may not legally hold anyone against their will. Such action may attract civil or criminal liability for unlawful detention. However, many state laws have permitted stores and their employees to make in-store detention of a shoplifting suspect in certain situations. Such laws provide protection to the store owners from lawsuits claiming false detention. However, such in-store detention must be backed by a probable cause against the suspect. Furthermore, the detention must be reasonable in manner and length. Questions about being detained in Broward County shoplifting cases contact criminal attorney William Moore.

Merely having a suspicion against an individual of shoplifting and making an in-store detention on that basis may not be enough to make it permissible detention under the law. Most state laws require that the store owner or the employees must have reasonable evidence that makes them believe that an act of shoplifting took place or was in progress. If the in-store detention is made on the basis of an informer who is not connected with the store, such informer should have a probable cause for such suspicion against an individual. Even with that probable cause, this citizen or any retail store employee does not have the right to beat down or use gross physical force on a the suspect. Of course they do have the right to defend themselves.

Common Types of White Collar Crimes

Thu, 22 Sep 2011 02:45:51 -0500

White collar crime is a common term that is used to describe typically such crimes that involve acts of deceit and deception motivated by monetary gain. Different types of fraud, tax evasion, embezzlement of funds, and money laundering are some of the common white collar crimes. A number of unscrupulous schemes, offers, and scams also fall within the purview of white collar crimes. These may include examples such as insider trading, insurance fraud, and Ponzi schemes. Such crimes may involve federal as well as state laws, depending on the case. Experienced Fort Lauderdale criminal defense lawyers may help to assess potential criminal liability and offer the best possible legal advice (see our Criminal Defense Facebook page for more articles on this topic). Alitowski & Moore is located at 707 NE 3rd Avenue, Suite 201, Fort Lauderdale, FL 33304 – 954-523-5333.

Hiring a Criminal Defense Attorney in Fort Lauderdale

Tue, 16 Aug 2011 16:00:44 -0500

If you have been charged with a crime or placed under arrest on suspicion of an offense, it is advisable to seek urgent legal assistance from a bona fide and committed criminal defense attorney in Fort Lauderdale. The attorney will be able to explain the legal procedure at every stage of the criminal process and make you aware of your rights at every state. The attorney can help to make a key difference to the outcome of your case. It is important to understand that a criminal charge is a serious matter, irrespective of the fact whether the charge is minor or major.

If you are facing criminal charges, there is a risk of severe fines and other consequences such as imprisonment. You are likely to have a criminal record in your name. The criminal charges may also adversely affect future career and job prospects, and cause a loss of personal relationships in many cases. Criminal charges or arrest of nature warrant that you must obtain sound legal advice from a criminal defense lawyer. The lawyer can help you comprehend the exact nature of the filed charges, and available options or defenses, plea bargains that may be offered in likelihood, and all that you may expect during a trial or conviction.

Fort Lauderdale Criminal Lawyer on Juries

Thu, 11 Aug 2011 13:06:36 -0500

Broward criminal attorney William Moore knows that a lot of the mythology surrounding jury trials is deserved -- and trying them is part art and part science. Jury selection is complicated and the decision to strike a potential juror from a panel could be for any number of reasons, such as the occupation of a juror's spouse, his comments on where he gets his news, or a host of others. What it may not be based upon, however, is a discriminatory reason. For example, a female defendant accused of battering her ex-boyfriend might think she would rather have a jury full of women. (After all, she would say, they would understand how infuriating the deadbeat was!) However, striking prospective jurors on the basis of their race or sex is absolutely forbidden, notes Fort Lauderdale criminal lawyer Moore.

Residents who receive a jury summons in their mailboxes often complain, frequently because they are missing work and assume jury duty is boring -- which is not to say that waiting, sometimes for hours, to find out if you will be selected for a jury is fun. Some cases get reset for various reasons; others may end in plea agreements or finalized settlements on the morning that the trial was scheduled. Many prospective jurors also envision jury duty as what they have seen on television, which is often not representative. Anyone who followed the recent Casey Anthony trial (or who was a fan of John Grisham's The Runaway Jury) knows that it is possible for a jury to be sequestered.

Sequestering a jury is the tough decision to cut jurors off from the outside world in order to insure the integrity of the verdict. In these exceedingly rare cases, jurors stay at a hotel at taxpayer expense, and are shepherded between the courthouse and the hotel by bus or other means of transportation. The judge will instruct the jurors as to whom they are allowed to speak to and see, such as family members, and will explain that they are not permitted to discuss the case. Access to news, such as newspapers and television, may be curtailed in an effort to avoid tainting jurors' opinions -- or adding additional facts to their knowledge, when such evidence has been ruled inadmissible in the courtroom, such as hearsay accounts of what occurred.

The right to a trial by jury is enshrined in the Sixth Amendment to the United States Constitution, which states that "the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . ." The jurors are selected locally. Impartiality is tested by asking the potential jurors a number of questioned designed to see if they would favor one side over the other or have difficulty remaining unbiased. For example, a mother who lost her child in a drunk driving accident would likely be excused from serving as a juror on a DUI trial, because her own personal feelings regarding DUI would be too likely to cloud her judgment as it related to the facts at hand.

Documents your Attorney will obtain if you are Arrested in Fort Lauderdale

Tue, 26 Jul 2011 16:54:45 -0500

If you are arrested and charged with a crime in Fort Lauderdale, you may need to hire a defense attorney to help you defend your case. The attorneys can provide the best possible legal assistance to you if you are able to provide them with certain basic information related to your alleged crime. The attorney that you hire will obtain all relevant documents in order to prepare your defense. An experienced criminal defense attorney in Fort Lauderdale may offer legal advice based on the information and documents that you provide as well.

The criminal charge of Fraud

Wed, 29 Jun 2011 07:28:47 -0500

Elements of Fraud as Per the Law

Fraud may be civil or criminal in nature, and the laws concerning fraud may differ from one state to another. Florida follows the majority of states with regard to this criminal statute. To prove criminal fraud, it is important to show the perpetrator’s criminal intent. Such fraud may be punishable by imprisonment or fine or both. If the act of fraud merely involves bad faith, it may not constitute criminal fraud, and the penalty may be imposed on the perpetrator as a punishment and in order to recover the victim’s damages and losses. If you have been charged with fraud, you may wish to consult with a criminal attorney. For more information, contact the law firm of Alitowski & Moore, 707 NE 3rd Avenue Suite 201, Fort Lauderdale, FL 33304,  954-523-5333.

In order to prove fraud, it must include certain key elements, the first of which is misrepresentation of one or more material facts to the victim. The second element is that the misrepresentation should be carried out by an individual or entity that is aware about its falsehood. The third element is that the victim must have justifiably relied upon such misrepresentation. Finally, the victim must have incurred actual loss or injury as a result of such reliance.

Common Fraud Types and Warning Signs

Fraud may occur personally or through telephone, postal mail, wire, or the Internet. Some of the common types of acts of fraudulence include telemarketing, email, credit card, securities, loan, real estate, insurance, taxation, bankruptcy, identity, and wire fraud. Warning signs of a fraud may depend on the nature of the attempted fraudulent act. It is not wise to trust anyone until you have been around them for a while and you should make it a habit of checking the books and following up on certain issues.

For instance, any online vendor telemarketer that insists on first receiving money before revealing the full details of the offer or scheme is likely to be fraudulent. Anyone asking for bank account details, your social security number, or email password may be trying to perpetrate an identity fraud. A company making tall claims to improve credit and asking for cash upfront could constitute credit related fraud.

Fraud against Businesses

Fraud is perpetrated not just against individuals, but also against all types of businesses. Sometimes a business may be in a vulnerable position and become the victim of this callous act. If the business is in urgent need of financing, a fraudster posing as a loan agent may be able to cheat the company out of money with a false promise to arrange a cheap loan. Company’s own employees may also perpetrate fraud against the organization in some cases by misusing their power and privileges. Have a sound vigilance mechanism within the organization is the best defense for businesses against fraud.

Fort Lauderdale Criminal Attorney Moore -- Details on Casey Anthony Trial

Thu, 23 Jun 2011 11:17:09 -0500

Fort Lauderdale criminal attorney William Moore notes that the weeks-long Casey Anthony murder trial has captivated the nation. Speculation about the forensics abounds. Discussions of whether or not she was sexually abused permeate coffee shop conversations throughout the state. Broward criminal lawyer Moore thinks that one of the most interesting developments has been the testimony of various witnesses.

From the beginning of the trial, the defense strategy has been to assert that Casey Anthony's young daughter, Caylee Anthony, drowned in the swimming pool at the family's home in Orlando. Casey knew about the death and was pushed by her father to cover it up, the claim goes. Casey Anthony panicked and was distraught, they say, and she was subject to manipulation due to years of sexual abuse by her father.

Fort Lauderdale criminal lawyer Moore says that these statements early in the trial may essentiall force Casey Anthony to testify in her own defense -- to provide the alternative narrative. However, criminal defendants have a constitutional right not to testify, and juries are instructed not to draw any conclusions from a defendant's decision not to do so. In the landmark Supreme Court case Griffin v. California, decided in 1965, the justices ruled that the Fifth Amendment right to silence precludes a prosecutor from telling the jurors to make inferences based on that silence.

If Casey Anthony testifies, she will likely own up to misleading or false statements she made early on during the course of the investigation into her daughter's whereabouts and ultimately Caylee's death. The defense is not disputing that she made at least some statements that were not true, but they argue that this is not definitive because Casey was psychologically damaged from sexual abuse and that she was hiding Caylee's death to protect herself and her father.

The prosecution, meanwhile, has put forth evidence of chloroform in the trunk of Casey Anthony's car, arguing that the little girl was drugged with it and ultimately suffocated. However, this assertion is based on circumstantial evidence, and Caylee's true cause of death will likely never be totally confirmed.

Fort Lauderdale Criminal Lawyer -- Casey Anthony Case Continues to Make Waves in South Florida

Fri, 20 May 2011 13:26:18 -0500

Fort Lauderdale criminal lawyer William Moore has been closely following the Anthony murder case. Casey Anthony is a 25-year-old Florida woman who has been accused of murdering her toddler, Caylee Anthony. Caylee’s remains were found several months after her disappearance, not far from the Anthony home where Casey and Caylee had resided with Casey’s parents. Casey Anthony was charged with her murder, however, prior to the discovery of the young girl’s remains.

The prosecution claims that entries made in Casey Anthony’s diary are from the time period immediately following her daughter’s death. In the entries, Anthony appears to be documenting excitement at new changes in her life and states that she has “no regrets” and that she knows she “made the right decision.” Anthony also wrote that she was “the happiest [she had] been for a very long time.” However, it was not yet clear if those entries were in fact made at the time the prosecution has alleged that they were. An “03” notation in the diary has caused speculation that the diary’s entries could pre-date Caylee’s death -- or even her birth. The prosecution is also rumored to plan on presenting evidence regarding a tattoo obtained by Anthony shortly after her daughter’s death. The tattoo, placed on her left shoulder, reads “Bella Vita” -- beautiful life in Italian, according to Broward criminal lawyer Moore.

The trial is being held in Clearwater, Florida, rather than the Orlando area, in the hopes that Casey Anthony will be able to obtain a fair trial. Jury selection has begun. The judge has indicated that he hopes to begin swearing in jurors once 12 regular jurors and three alternates have been selected. Ultimately, the court hopes to have six alternate jurors sworn. The jurors will be transported to Orlando, where the trial will actually take place. The court has suggested that time is of the essence, because of the media attention devoted to this matter: the longer the jury selection process takes, the more likely that the potential jury pool will be tainted by hearing or reading opinionated materials regarding Anthony’s innocence (which is presumed until and unless she is found guilty) or suggested guilt. The state is seeking death in this case; as a result, there was no possibility of a plea bargain. At this point, Anthony’s defense strategy remains unknown.

For questions about this article, please contact:

Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew

Hired Gun: Fort Lauderdale Criminal Lawyer Moore Discusses Murder-for-Hire Allegations in Boynton Beach

Wed, 04 May 2011 20:45:27 -0500

Broward criminal attorney William Moore has been following the widely-publicized “murder-for-hire” case from nearby Boynton Beach, which has captured local and national headlines. Dalia Dippolito has been accused of attempting to arrange the murder of her husband, Michael Dippolito, during the summer of 2009. She has been charged with solicitation to commit first-degree murder. Dalia Dippolito is being tried by a jury in West Palm Beach. The charge carries a maximum penalty of 30 years in prison, notes Fort Lauderdale criminal lawyer Moore.

Dippolito was allegedly filmed conversing with an undercover law enforcement officer, apparently instructing him in how the killing should take place. According to police and prosecutors, she agreed to pay a sum for the murder of her husband, as well as provide the funds for purchasing a handgun. Prosecutors have bolstered their claims with photos of Dippolito’s purse, brimming with jewelry that she stashed away shortly before she allegedly expected his death, says Broward criminal attorney Moore.

Michael Dippolito has denied any knowledge of a plan to pretend to murder him, as his wife claims was the case. Her defense is that the murder-for-hire plot was entirely a hoax and designed to result in widespread media attention and, ultimately, a reality television series based on their lives. Michael Dippolito is said to be a fan of reality TV. In fact, during voir dire (questioning of potential jurors), Dalia Dippolito’s defense attorney brought up the famed balloon boy hoax that also occurred in 2009.

The balloon boy hoax involved a married couple with children, Richard and Mayumi Heene, calling the police to their residence claiming their son was adrift in the skies attached to a giant balloon (a science experiment of sorts belonging to Richard Heene). News outlets picked up on the story nearly immediately. However, it was ultimately determined that the boy was never aboard the balloon and that, in fact, he was hiding in the family’s home throughout the ordeal. The family pulled off the hoax in an effort to obtain interest in a reality TV program about their family.

Dalia Dippolito’s situation is complicated by the fact that her husband adamantly denies any participation in this plot. However, the defense is fairly novel. The couple had been married for only a few months at the time of her arrest, adding to the mystery regarding the alleged plan to kill Michael Dippolito.

Fort Lauderdale Criminal Lawyer: Privileges in Court and Confidentiality

Tue, 22 Mar 2011 20:09:38 -0500

The terms attorney-client privilege and attorney-client confidentiality are sometimes used interchangeably, notes Fort Lauderdale criminal attorney Moore, but in fact have very different meanings. Privilege, between clients and their attorneys or in other protected relationships, is the criminal defendant’s right not to have that person testify regarding their conversations. Confidentiality, on the other hand, refers to an attorney’s obligation not to reveal the details of the private conversations he has with his clients. Both confidentiality and privilege can be broken in very limited circumstances. Privilege may be waived by a client, for example, according to Broward criminal attorney Moore. Confidentiality may not apply where a client discloses to his attorney his plans to commit FUTURE crimes or fraud, where the attorney may need to act in order to protect, for example, someone’s personal safety. If a client calls his attorney and informs him that he is on his way to his ex-wife’s house to kill her, the attorney can and should notify law enforcement immediately in order to protect the woman. However, if a client hires a defense attorney and describes to him how he committed the crime for which he has been charged, confidentiality applies, says Broward criminal lawyer Moore. Attorneys must also abide by ethical rules that prevent their participation in or furtherance of clients’ criminal or fraudulent activities.

Privilege applies to some other relationships, as well. In some circumstances, one spouse may be able to prevent the other from testifying at a trial. The Florida rule states: “spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife.” This means that even if the couple later divorced, the contents of the private conversations they had while married cannot be elicited from the other spouse in the courtroom.

Confidential communications between a parishioner and his clergyman (or rabbi or other spiritual advisor) are also privileged, so long as the conversations were private. Accountant-client privilege also exists Private conversations with a psychotherapist, even regarding alcoholism or other addiction problems, are privileged, although it is limited in circumstances where the patient may require hospitalization or be a threat to his own safety or the safety of others. Conversations with domestic violence or sexual assault counselors, provided they meet minimum qualification standards, are also subject to privilege.

Broward Criminal Attorney on Juvenile Justice Issues

Sun, 20 Mar 2011 20:46:49 -0500

According to Broward criminal lawyer William Moore, Juveniles are consistently treated differently than adults by our criminal justice system. Offenses alleged to have been committed by juveniles are labeled as “deliquent” acts, rather than criminal acts, in Florida and in many other states. Juveniles are not entitled to jury trials, unlike adults, but may be sentenced to probation or confinement in a secure juvenile program depending on the offense, the child’s prior record, and other factors. Children still have the right to a trial, but only before a judge. Diversionary programs, including community service and drug court, are sometimes available to juveniles who have been arrested in lieu of going to trial or accepting a plea deal, states Fort Lauderdale criminal lawyer Moore.

Direct file is the exception to the deliquency system. In certain cases, a prosecutor may file the charge directly in the adult criminal court rather than in the juvenile court. This procedure is generally reserved for juveniles who have very serious prior records, who have previously been placed in intensive juvenile programs, who are older teenagers, or who are accused of committing particularly serious acts, such as murder, according to Broward criminal attorney Moore.

The police must treat juveniles differently in some respects than they treat adults. When they are taken into custody, juveniles have to be held separately from adult defendants. Notice must be provided to the child’s parents and the child, if he or she is going to be held in custody, will be transported to the detention facility operated by the Florida Department of Juvenile Justice. In many cases, the child will be released on a monitoring program, but will have to abide by certain rules. For example, a teenager may be given an 8:00 p.m. curfew. If the state holds the juvenile in custody, the child has the opportunity to appear before a judge within 24 hours of arrest. In the event that the judge orders the child to remain in custody, the juvenile will be detained in a secure detention facility with other minors pending resolution of the case. Many juveniles will opt for a trial, which is usually faster than criminal court trials, in part because there is no jury. The juvenile can testify and can call other witnesses in his or her defense, and is entitled to discovery -- the evidence the state intends to use against the juvenile at trial.

Broward County Criminal Attorney Talks About Fingerprinting

Fri, 18 Mar 2011 11:03:24 -0500

Fingerprint technology has come a long way since the days when detectives had to wait months for laboratories to return fingerprint comparisons from crime scenes. From a criminal defense standpoint, the lack in immediate forensic results by way of fingerprinting acted as a double edge sword depending on the results of the analysis and whether or not such evidence would be available at trial.

Criminal defense attorneys remind us that it wasn't unheard of for fingerprint comparisons to arrive after criminals had been arrested, tried, and convicted based on evidence other than their fingerprints.

Sometimes, defendants in Broward County criminal cases had actually served their time in jail when detectives received a positive match from the labs. It was a very slow and tedious process to examine individual fingerprints and then compare them to hundreds of possible suspects.

Today, in Broward County Florida, fingerprinting has moved into the world of computer technology. With the 1999 inception of the Integrated Automated Fingerprint Identification System (IAFIS), prints can be compared to a database of thousands of fingerprints in mere seconds. Now, it's possible for investigators to learn the identity of a criminal suspect on the same night he committed a crime, possibly preventing him from continuing a potentially dangerous crime spree. Such immediate data also assists in eliminating potential suspects and effectively prevents the arresting of innocent Broward County citizens.

Fort Lauderdale Criminal Lawyer: Prison Guard Corruption an Ongoing Problem

Wed, 09 Mar 2011 13:11:15 -0500

According to Broward criminal lawyer William Moore, the corruption of prison guards has been a problem since modern prisons were developed (and probably before that -- it is not hard to imagine the keeper of the king’s prisoners accepting bribes in exchange for certain favors for the prisoner). Guards are individuals charged with difficult, stressful jobs who are paid relatively little for their services. They must maintain order in the prison among an unhappy group of people, most of whom have serious criminal history and many of whom may have affiliations with gangs, notes Fort Lauderdale criminal lawyer Moore.

Prison guards have access to the outside world and are the only people besides other prisoners that the inmates see and speak to on a daily basis. Some inmates have access to significant funds outside of the walls of the prison. Others have contacts -- other gang members, girlfriends or wives, friends, or others who have some motivation to help the detained person, says Fort Lauderdale criminal attorney Moore. Sometimes, the inmates have a drug addiction they need to feed. Other times, they want drugs to numb the boredom and general experience of prison. Having outside contacts capable of introducing contraband into the prison may also bring with it a level of prestige within the inmate hierarchy.

Few prison guards ever accept money in exchange for bringing contraband -- drugs, cell phones, or other items -- into the prisons. However, a small number do. Last year, numerous former guards at Glade Correctional Institute were caught in a corruption probe directed by the FBI. Inmates had complained that the prison was corrupt and that it was possible to obtain anything with the assistance of guards. Six employees were charged by the state with conspiracy, introducing contraband into a prison, and bribery. Sixteen individuals, of whom 11 were prison guards, also pleaded guilty to federal cocaine charges related to a cocaine trafficking ring running from Miami to the Glades institution.