Fort Lauderdale Criminal Attorney Blog

Fort Lauderdale Assault: Is Intoxication a Defense?

Tue, 01 May 2012 10:23:54 -0500

A Fort Lauderdale assault case is raising the question of whether intoxication is a valid defense for a crime under Florida law.

Fort Lauderdale assault defense attorneys know that, certainly, drugs or alcohol abuse are factors in many crimes. But does it matter whether a person is too drunk or drugged to know that their actions are wrong?

Before we answer that, let's look at the case in question.

According to The Sun-Sentinel, a Connecticut man is accused of getting into a bar fight in Fort Lauderdale, which resulted in the defendant reportedly biting off the ear of the alleged victim.

Reports indicate that the 29-year-old defendant had been drinking at the bar for about five hours straight. He was belligerent, and started an argument with a stranger who was walking by.

In a video posted to YouTube, the victim is seen attempting to calmly walk away. The defendant charges at him and bites his ear, causing it to become severed from his head. Doctors were not able to reattach it.

The men continued to brawl until an officer broke it up.

The intoxicated man was arrested on charges of assault, a second-degree misdemeanor under FL Statute 784.011, and aggravated battery, which is a second-degree felony under FL Statute 784.045, punishable by up to 15 years in prison.

The ear-biter's Fort Lauderdale defense attorney has said that his client remembers none of the incident. He was reportedly so intoxicated that he has no recollection of it whatsoever. His attorney also said his client has expressed remorse, and because he does not remember the incident, can offer no motive.

But does the fact that he was so drunk that he had no intent to harm the individual matter?

No. Not likely in this case, anyway.

Prior to 1999, it would have been a valid defense for certain crimes where intent was critical to proving guilt.

But now, under FL Statute 775.051, voluntary intoxication is not a defense. Voluntary intoxication is described as a state of intoxication which was voluntarily brought about. That means that you intentionally consumed alcohol or drugs. Whether or not you intended to become intoxicated, the court believes you knew that to be a risk when you consumed those items, and therefore, you are still considered liable for whatever actions you take after that.

However, just like in English grammar, there are always exceptions.

The exception would be involuntary intoxication. This would be a state of intoxication which can generally be described as having been brought about by the lawful or prescribed consumption of a substance by your doctor that rendered you legally insane. This was decided by the state's district court of appeals in Miller v. State back in 1995.

So for example, if you are prescribed a drug by your doctor - a drug that you use in accordance with that prescription - and it can be proven that you became unintentionally intoxicated as a result, this can be used as a defense. Now, if you take your legal prescription and the effects are compounded by alcohol consumption, you may lose that legal footing.

It's important to note that each case is unique, which is why it's critical to consult with a Fort Lauderdale Assault attorney who can help you explore all possible defenses.

Coral Gables DUI Manslaughter Defense: Don't Speak to Media

Fri, 27 Apr 2012 09:54:22 -0500

A Coral Gables DUI manslaughter defense team has advised a recently-released client not to speak to the media about the alleged incident, which resulted in the death of a 13-year-old girl.

Coral Gables DUI manslaughter defense attorneys know this is a smart move, especially when an incident involves media coverage - which is likely to happen anytime a crash results in a death.

It's important because while you may feel the need to defend yourself in the court of public opinion, where half-truths or flat-out falsehoods may be printed, what you say to a reporter can end up having a negative effect on your criminal case - and that is where all the facts are supposed to come out. If there is negative publicity, you need to let your experienced Coral Gables DUI manslaughter attorney handle it. He or she will know how to defend you - if it's necessary - without saying anything that could jeopardize your defense in the proceedings.

In this case, the 38-year-old defendant was reportedly driving his girlfriend's sport utility vehicle on the U.S. 1 busway on April 13 and struck a minvan carrying a family. By some estimates, he was traveling at speeds of over 100 miles per hour. The impact of the crash is said to have ripped the minivan apart.

The SUV driver reportedly tried to keep going, though his vehicle was damaged. He eventually left his vehicle and allegedly started fleeing on foot. He was soon stopped by police.

The 13-year-old girl, who had been asleep in the back seat, was declared dead at the hospital.

In addition to the media picking up the story, the girl's 16-year-old sister posted a video on YouTube, asking supporters to sign a petition and show up at the courthouse for an upcoming bond hearing.

People responded, and about 250 were there when the driver was granted a bond that exceeded $200,000. That response from the community is likely part of the reason why the judge imparted such a high bond. It was originally set at $1 million. Normally in case of Coral Gables DUI manslaughter, as defined under FL Statute 316.193, the bond is set around $45,000.

Officers who escorted him in the courtroom for his hearing wore vests that were bullet-proof. He was using a walker.

Prior to the judge granting a lesser bond, the defendant's parents were grilled on their finances and connection to their native Nicaragua. Prosecutors in the case have argued that he may be a flight risk. So now, his passport has been surrendered - as well as his parents' passports - and he is on house arrest while he awaits trial. That means he must wear a GPS monitoring device, and is not allowed to leave his house for any reason other than doctor or lawyer visits. He also is not allowed to drive or drink any alcoholic beverages.

Outside his parents' home, media gathered in front as he returned. When reporters tried to approach him, he collapsed. His lawyer has said this was a result of the injuries he sustained, which include broken ribs, a collapsed lung and a punctured liver.

His attorney later told reporters that the defendant will have nothing to say and that he has "forbidden him from opening his mouth."

If you have been involved in a DUI manslaughter case and have not yet hired an attorney, you should practice this advice in the interim.

Fort Lauderdale Fraud or Religious Freedom?

Fri, 20 Apr 2012 09:16:41 -0500

Is it Fort Lauderdale fraud or is it an issue of religious freedom?

Fort Lauderdale criminal defense attorneys are closely watching the case involving a family of Roma, fortune-telling gypsies who are accused of defrauding their clientele of some $40 million.

Prosecutors say that the family preyed on clients when they were enduring some of the lowest points in their lives. The indictment spells out the charges, which indicate that the family offered psychic services and "healing" at their Fort Lauderdale shop. The women reportedly told their clients that they could cure diseases, tell the future and ward off bad spirits from bodies and homes, as well as cleans souls and remove curses. They did all this in exchange for jewelry, money and other valuables.

Lawyers for the federal government say this alone wouldn't be illegal except that the family took valuables, promised to cleanse spirits and remove curses and then give back the items. However, the items were not returned.

Federal agents reportedly seized some $2 million worth of valuables at the home, which included a plush home, luxury cars and gold coins.

However, the family's Fort Lauderdale defense attorney is arguing that the family's practice involves rights that are constitutionally protected. Namely, fortune-telling is considered free speech under the First Amendment, and that spiritual healing involves religious freedom.

Defense attorneys are also aiming to sway the federal judge to drop the charges prior to the November trial, underscoring that the Roma have been the subject of much discrimination and even persecution - particularly during the Holocaust, when they were one of the groups who were victims of genocide by the Nazi's.

In a lengthy document that argues the religious rights of his client, one of the defense attorneys in the case has said his 42-year-old client has aimed to do nothing but help people in accordance with her personally-held beliefs. He said that a court injunction that bars her and the other eight family members from practicing fortune-telling or spiritual healing leading up to the trial has not only cost them their livelihood, it has meant they have been unable to practice their religious beliefs.

In interviews with investigators, his client often talked about religion, the reading of numbers, spirits and God. She essentially believes that she has the power to communicate with spirits - both good and evil. Within the Roma culture, she is reportedly considered to be a highly-regarded healer.

It remains to be seen whether those arguments will hold weight.

One of the victims interviewed by prosecutors said she was encouraged to attend twice-weekly healing and meditation sessions, and was told any money that she contributed for this would be returned three times over. However, that money was never returned.

The defense attorneys are aiming to show that the Establishment Clause of the constitution guarantees this family's right to practice their beliefs - even if, as courts have previously ruled, that those beliefs aren't held to be acceptable, logical or consistent to others.

Additionally, accepting money for services is routinely done in other mainstream religions. Think about the offering plate that is passed around at Christian services. These payments for psychic services, the defense attorneys say, were no different.

Fort Lauderdale Drug Crime Sentences Hurt by Gov. Scott Veto

Sun, 15 Apr 2012 08:33:56 -0500

Those requiring a Fort Lauderdale drug crime defense have been negatively impacted by a stunning veto by Gov. Rick Scott that would have allowed the chance for treatment, rather than extended prison time.

Fort Lauderdale drug crime attorneys are disappointed by the governor's decision, which even according to The Miami Herald editorial board, defied common sense.

This was a bi-partisan bill with the support of both Republicans and Democrats in the House and Senate. In fact, 152 of 156 lawmakers backed the measure - which, given the intense rivalry on both sides is truly noteworthy.

The bill would have allowed people with drug abuse problems who had committed non-violent crimes to enter into a drug treatment program after they finished half of their original sentence.

Gov. Rick Scott said this would be an affront to victims and an unnecessary exception to Florida's 85 percent rule, which mandates that prisoners must serve 85 percent of their sentences before they are eligible for release.

However, this was not a situation in which these individuals would have been simply free. They would have remained under intensive supervision and also would have had to toe the line on a host of conditions, which would have included enrollment in career preparation and education programs. Getting into the program, too, would not have been a cakewalk. It would have required the rubber stamp of the judge who sentenced him or her, and they would have remained on probation even after completion.

The Republican sponsor of the bill, Sen. Ellyn Bogdanoff from Fort Lauderdale, said she was profoundly disappointed in the governor's political move - which frankly, doesn't even make a whole lot of political sense, given the support it had thus far received. She countered his argument that this was a public safety issue by asserting that these would be strictly non-violent offenders. So we're not talking about rapists and murderers here. We're talking about individuals who have a problem and need help.

The governor said that the 40-year low in the state's crime rate could be attributed to tough sentencing laws. The fact is, however, that other states that less harsh sentencing standards are also seeing a decrease in crime rates - so that argument doesn't hold weight either.

Cost wouldn't have been an issue because the program would have been paid for with funds from the existing budget - although it's been proven that a number of drug treatment programs are actually cheaper than prison.

And it's not as if these individuals were never going to be released. They would eventually be back out on the streets one way or the other. Why not decrease their chances that they'll end up incarcerated again by giving them a chance to rebuild their lives?

The truth of the matter is, when you allow a person the opportunity to obtain treatment, you're decreasing the risk of re-offending - which ultimately saves taxpayers money and is better for society as a whole.

Considering that drug crimes account for more than 26 percent of the inmates in Florida prisons - not to mention that drug abuse is likely to blame for a host of other property crimes and violent crimes - this would have been a win for everyone.

While this veto is a major let-down, it just further underscores the immense importance of securing a skilled Fort Lauderdale criminal defense attorney if you are accused of a crime.

Miami Drug Trafficking Suspect Caught After 22 Years

Mon, 09 Apr 2012 14:38:04 -0500

After more than two decades on the run, a man convicted of Miami drug trafficking has been arrested in Ecuador, after he himself was the victim of a crime.

Miami drug trafficking defense attorneys understand that much changes in two decades - witnesses' memories fade or they die, new laws are passed and sometimes repealed, and technology races ahead. If there is a large lapse between the time a crime was committed and a trial, any one of these factors can have an impact on your case - some in your favor, others not.

It's important that regardless of the circumstances, you have an attorney who is prepared to address these issues.

Reporters noted that in this case, the judge and attorneys from both sides had to spend time researching what the laws were in 1990, when the suspect fled on the eve of closing arguments in his criminal trial for conspiracy to import cocaine. They had to read over type-written paperwork and will need to pull more files from an archive system, which they will have to scan into the updated computerized database.

Here's what we know of what led them to that point:

The now-50-year-old suspect was reportedly working with some 12 others in a scheme to import a large shipment of cocaine into Miami from Columbia. Their plan was foiled, though, in the fall of 1989 when Coast Guard crews saw the bales of drugs floating in the ocean near a freighter.

The suspect, along with the dozen others, was arrested and put on trial. On the day of closing arguments, he fled to Ecuador. He was convicted on the conspiracy charge, but not on the actual trafficking charge.

The Miami native lived on the run for 22 years, working in construction and having a child with his common-law wife in Ecuador.

He was only arrested after his car was broken into and his wallet stolen. When he went to get a replacement license, he was stopped at a checkpoint where authorities were checking driving documents. He was arrested for carrying no current identification papers. He was then turned over to immigration authorities, who then extradited him to Miami to face his original charges.

In a plea agreement, he pleaded guilty to jumping bond, for which he could face 10 years. On the cocaine conspiracy charge, he faces another 10 years to life. These terms would have to be served consecutively.

His family, who lost a house and $75,000 they had posted for his bond on the original charges, say they have always believed he was not treated fairly in the original trial.

In Florida, drug trafficking definitions and penalties are laid out in FL Statute 893.135. Essentially, you can be charged with drug trafficking if you sell, buy, make, transport or bring into the state a variety of different drugs, including marijuana, cocaine, heroin or illegal pain medications.

The charge of trafficking, as opposed to possession, typically depends on the amount of drug you are caught with, and whether it appears it was intended for sale or personal use.

Boca Raton DUI Costs Lantana Police Chief His Job

Thu, 05 Apr 2012 13:42:33 -0500

Lantana Police Chief Jeff Tyson is a Boca Raton DUI charge.

Boca Raton DUI defense attorneys understand that while the penalties for these charges can be serious no matter what your profession, those in certain career fields are likely to suffer disproportionately.

Law enforcement officers who are arrested for criminal offenses should immediately retain private legal counsel who is familiar not only with the officer's bill of rights, but also with how to walk the fine line between being cooperative with your employer and not implicating yourself in a criminal action.

Of course, for those who face job-related consequences, beating the charge in court or successfully seeking a reduction or dismissal of the criminal allegations can go a long way toward protecting yourself.

The first course of action you should take if you are arrested for a DUI in Boca Raton is to contact an experienced defense attorney who will handle every aspect of your case from start to finish.

Law enforcement is one of those fields. Officers are held to a higher standard of conduct, and as such, can be sanctioned or fired by their employer for even misdemeanor criminal offenses.

This is particularly true when the officer hold a high-profile position - in this case, the chief. And the professional sanctions in this case happened swifter than most.

Not even a full day had passed since Tyson had been arrested for drunk driving and hit and run, the town manager had fired him. Noted in that termination letter was the violation of five cited rules, which included conduct unbecoming of an employee, whether on or off-duty.

According to The Sun Sentinel, the off-duty chief had been driving an unmarked police vehicle shortly after 1 p.m. on Military Trail. It was at this time that he allegedly rear-ended an unmarked car belonging to a deputy with the Palm Beach County Sheriff's Office, who was stopped at the traffic signal in front of him.

The off-duty chief then allegedly sped away, but was stopped a short time later. He was apprehended and given a breath test that indicated his blood alcohol level was almost triple the 0.08 that one is legally allowed to have consumed and still get behind the wheel of a vehicle.

The chief then reportedly tried to downplay the incident, saying he had merely "tapped" and "bumped" the other vehicle. He told investigators he had gone to the doctor's office earlier that morning and then stopped to visit his sons at a local university and high school.

Yet, investigating officers noted that the chief seemed disoriented and smelled like alcohol. He was asked to participate in a field sobriety test, but he refused. Once at the police station, officers tested the chief, and determined his blood alcohol level was somewhere around 0.23.

When they searched his vehicle, investigators reportedly found a cup containing something that appeared to be alcohol.

In the state of Florida, a DUI conviction can net a jail sentence of up to six months, as well as one year of probation, 50 hours of community service, a license revocation, attendance at DUI classes and a $500 fine.

Fort Lauderdale Fraud Case Called One of Largest in State History

Mon, 19 Mar 2012 12:36:21 -0500

Two brothers are facing a host of Fort Lauderdale fraud charges after allegations have surfaced claiming they conspired to create phony companies to heist some $3 million from health insurance companies.

This reportedly happened while a brother was out on bond, awaiting trial for an alleged $1.25 billion plan to swindle investors.

The case, which has been called one of the biggest schemes in Florida history, had connections to former Gov. Charlie Crist, and ultimately led to a five-year corruption investigation, spearheaded by the U.S. Justice Department.

Our Fort Lauderdale defense attorneys understand that cases like this can be complicated, and truly require a lawyer who is experienced and well-versed in fraud and conspiracy laws.

Here's what we know so far about these cases, according to The Miami Herald:

The two brothers had been indicted in 2008 on charges of conspiracy, in which investors were reported to have lost some $840 million in fake life insurance policies. Between 1995 and 2004, they had reportedly sold life insurance policies that were held by individuals who were dying of AIDS. They admitted that they fudged the truth to investors when it came to the life expectancy of the policy holders, and they didn't tell the truth about how risky the plans were.

The year before that, one of the brothers had accused a doctor and key Republican fundraiser in Broward County of essentially blackmailing him for a $400,000 political donation. In exchange, the fundraiser said he could make sure that his friend, then-Gov. Charlie Crist, could make sure to shut down the federal investigation into his company's dealings.

That's what sparked the Justice Department investigation, although not much ultimately came of it. The fundraiser pleaded guilty to charges of income tax fraud, after reportedly admitting to diverting hundreds of thousands of dollars in political contributions into his own pocket. He's now serving a four-year prison sentence. That fundraiser in turn accused a Fort Lauderdale Democratic senator of accepting more than $80,000. That lawmaker has been indicted on tax violations.

Meanwhile, the other brother in this case is facing allegations that he laundered millions through home purchases up north, while hiding assets from federal investigators and deceiving the court-appointed receiver.

So now, the two brothers are accused of yet another scheme, which occurred while they were out on millions of dollars in posted bond. The indictment indicates they created "shell" companies. Through these companies, the brothers reportedly filed applications for group health insurance. These were sent to Cigna, Blue Cross Blue Shield and Assurant. The latter two agreed to provide coverage - which the brothers were not actually qualified to receive. They then submitted some $3 million in claims, including for surgery required by one of the brothers.

Already, 10 brokers, executives and a doctor who worked with the brothers have been convicted. One was even sentenced to 20 years in prison.

The brothers each face long prison sentences and severe fines and restitution payments.

Plea Bargain Rights in Fort Lauderdale Addressed in Supreme Court Decision

Mon, 12 Mar 2012 11:36:57 -0500

A U.S. Supreme Court decision handed down this month could significantly increase the rights of those accused of a crime in Fort Lauderdale and throughout the country.

Our Fort Lauderdale criminal defense attorneys understand the case stems from two cases - Missouri v. Frye and Lafler v. Cooper - and ultimately expands a defendant's right to have an effective attorney throughout the process of plea bargaining.

What's more, the court ruled that if you have an attorney who acts unethically or gives you advice that is obviously wrong, you could be entitled to another shot at a plea bargain.

The opposition in this case had argued that a plea bargain is not constitutionally protected. However, the fact of the matter is that most court cases result in a plea bargain - about 95 percent. What the court ruled - and what Fort Lauderdale criminal defense attorneys can attest to - is that having a skilled attorney to represent you through this process is critical.

The ruling stems from two different cases. The first involved Galin Frye, a college student from Missouri. He had been arrested and charged with a felony after a fourth time reportedly driving on a license that had been revoked. The state had sent a letter to Frye's attorney, which had offered to reduce the charge to a misdemeanor if he pleaded guilty and served three months in jail. But the lawyer never told his client about that offer. When time ran out, Frye pleaded guilty with no conditions, and was handed a three-year prison sentence - more than 10 times what he would have otherwise served.

In the second case, a man named Anthony Cooper had been charged with assault with intent to commit murder, following a shooting in which a woman was wounded in the buttocks and thigh. State attorneys in this case offered two plea deals, with a recommended prison sentence of between four and seven years. Cooper's attorney told him to turn down the offer because state law wouldn't allow an attempted murder conviction if someone was shot below the waist. This was without a doubt false. Cooper went to trial, was convicted and sentenced to decades in prison.

Justice Anthony Kennedy, in explaining the Supreme Court's decision, described the criminal justice system as "a system of pleas." Because so many cases are resolved through the plea bargaining process, it is known to play a central role in the system. In fact, a plea bargain will often determine who goes to jail and for how long. Kennedy went on to say that plea bargaining is not some afterthought within the system - rather, it IS the system.

This new ruling means that you have a right to a competent defense attorney every single step of the way through the judicial process. While this ruling will give defendants some measure of relief if they do receive bad legal advice, the better bet is to hire a skilled attorney from the start.

Fort Lauderdale Crimes Targeted with "Peacemaker"

Mon, 05 Mar 2012 09:02:32 -0500

Local police have purchased a mobile surveillance unit, dubbed "The Peacemaker," in an effort to reduce crimes in Fort Lauderdale.

The armored surveillance truck is being touted by a police as an effective crime-fighting tool. However, some have countered that it can be used to intimidate innocent people.

What Fort Lauderdale criminal defense attorneys know is this: If law enforcement has the benefit of taxpayer-funded, advanced technology that can be used to aid the prosecution in criminal cases, anyone who is accused of a crime in Fort Lauderdale needs to contact an experienced Fort Lauderdale criminal defense attorney.

According to the Sun-Sentinel, the Fort Lauderdale Police Department's "Peacemaker" may be the first to debut in South Florida. The department now has two of them - one an old Brink's bank truck, was purchased in August.

Another, a converted SWAT vehicle, was paid for last month. The bank truck is covered with police logos and signs that say things like, "Whatcha gonna do when we come for you?" It is equipped with a number of cameras that can record for up to 700 hours that can stream live back to police headquarters for 24-7 surveillance. Officers park it out in front of what they dub as high-crime areas, and say it is a major deterrent for criminal activity. Often, the vehicles are unmanned.

While some residents have applauded the presence of the vehicle, others, like one local motel owner, was quoted in the paper as saying the vehicle was essentially a form of harassment. The hotel owner was arrested in October in a prostitution case, which is still pending, but says she is innocent. She said both the city and police have tried everything to shut her down, but have been unsuccessful because she's doing nothing illegal.

"Now, they bring this truck to intimidate me and my customers," she said.

One of her neighbors shared the same sentiment, saying police exited the Peacemaker recently to question a group of young men, one of whom was ultimately charged with loitering.

"We can't sit outside without being harassed," he said. "Now we have that truck. Most of us are not doing anything wrong."

Police say if people are abiding by the law, the truck shouldn't be a concern, and that it has already alleviated certain neighborhoods from rashes of burglaries and robberies. They counter that every time a person walks down the street, they are watched by up to 30 private cameras owned by businesses. The difference, Attorney Richard Ansara notes, is that those cameras aren't funded by the government for use in criminal cases.

While the Peacemaker in Fort Lauderdale is likely the first in Florida, that may not last long. A spokesman for the Palm Beach County Sheriff's Office said while it may not be in the immediate budget, it is something he hopes the agency could deploy sometime soon.

Other agencies that have used in-vehicle cameras in the U.S. include:

-- Police in Peoria, Ill. are using an old Brink's truck they call the Armadillo; They have even added an Armadillo Two.

--Police in Green Bay, Wis., are also using an armored surveillance vehicle, though the name of it is unclear;

--Lafayette, La. police have employed a Crime Suppression Surveillance Vehicle, which they also call an Armadillo;

--St. Louis Metro Police have an armored car that is also equipped with such things at ballistic headlights, and it has the ability to provide live 360-degree of surveillance of several square blocks.

Murder at South Florida Nightclubs Alleged to be a Growing Problem

Wed, 29 Feb 2012 08:15:37 -0500

Murders at nightclubs in South Florida are becoming more commonplace, according to a new report by the Palm Beach Post.

Fort Lauderdale criminal defense attorneys know that when it comes to prosecuting someone for a murder charge in South Florida, a case must be airtight. Murder is the most serious crime on the books, and punishment can be severe - up to and including the death penalty in Florida.

But when a shooting or stabbing or some other assault is alleged to have occurred at a night club, there are specific challenges, particularly with regard to witnesses.

The newspaper reports that in 2011, there were at least nine shootings inside South Florida nightclubs, more than double that of 2010. Within the past 10 years, 20 people have been killed in nightclubs. Within that decade, Broward had the most gun deaths - 13, including one that was a suicide. Another 42 people were hurt by stray bullets in the last 10 years, some of those with injuries that were life-threatening, though they ultimately survived.

With regard to knife injuries, five people were stabbed to death in South Florida nightclubs over the last 10 years. Four of those instances happened in Broward and one in Palm Beach County. One instance last year involved a man who officers said was so livid over a bar tab that he stabbed one man to death and cut four others at Fishtales in Fort Lauderdale.

Broward Sheriff Al Lamberti was quoted as saying that nightclub fatalities are on the rise. Reports indicate that all of the alleged shooters and most of the alleged victims were males, with the exception of one 17-year-old girl who was shot when a group of men fired into a crowd at a West Palm Beach bar.

One would think that when a crime is alleged to have occurred amid a crowd of people, the perpetrator would be easy to identify. But when a nightclub is the crime scene, Fort Lauderdale criminal defense attorneys know that witness accuracy may be called into question.

First, you have an atmosphere that is dark and loud. The strobe lights are flashing and the bass is pumping hard, drowning out much of the conversation. This is often why people flock to the club - but it is also going to impact the ability of any potential witnesses to accurately recount how events transpired. Patrons may not have clearly seen or heard how a situation unfolded. This is often the case with assault charges in Fort Lauderdale and other more common nightclub crimes.

Also, night club owners often jam-pack their venues for an optimum nightly payout. What that means, though, is that even if someone is standing or dancing just a few feet away, they may not actually see or hear what is going on a few steps behind them.

Another important factor to consider is whether any potential witnesses have been drinking. Alcohol can fog a person's recollection, and make events seem fuzzy or unclear. It's important for law enforcement to accurately record how much witnesses had been drinking at the time they provided their statements.

Each element must be carefully weighed by a Fort Lauderdale criminal defense attorney who is prepared to fight for you.

Miami Drug Case Makes Its Way to U.S. Supreme Court

Sat, 28 Jan 2012 15:24:24 -0500

A significant drug case out of Miami has gone through the Florida Supreme Court and now will be tested by the U.S. Supreme Court, which will determine if drug-sniffing dogs can be used to detect marijuana, the Los Angeles Times reports.

Fort Lauderdale drug cases can range from a misdemeanor possession case to a felony trafficking case. Charges can range from months in jail to decades in prison, depending on the type of drug, quantity, location of where it was found and other factors.

An experienced Fort Lauderdale criminal defense lawyer will tell you that these cases often come down to whether police have probable cause to conduct a search. People who get arrested for these offenses typically are arrested after a stop in their vehicle or in their home after an extensive investigation.

In both scenarios, police must have a reason to investigate the drug crime. They must have a search warrant to get into a person's house and sometimes even into their vehicle. This requires an officer to get a judge to sign off on a warrant after they've provided evidence that they should be able to do a search.

And that's what this case comes down to. A Miami man was convicted of growing marijuana illegally at his home. Officers got a tip that this was going on and took a drug-sniffing dog to the man's house. The dog, through its training, indicated there was an odor of marijuana coming from inside the house. Based on that information, police got a search warrant from a judge and busted in, finding 179 marijuana plants inside.

But the case was appealed after the man was convicted. Florida's justices threw out the evidence against the man, saying that dog sniff tests shouldn't be allowed at the home of any citizen unless the police had probable cause. Florida prosecutors, however, contend that dogs sniffing for drugs don't constitute a "search."

Eighteen states have supported the appeal to the nation's high court. The Times reports that it usually sides with police in major cases. In a 2011 case, justices ruled that officers in Kentucky didn't have time to obtain a search warrant and were justified when they broke into house after smelling marijuana. But the justices rejected law enforcement officers' use of thermal imagers, which can detect marijuana-growing operations from the outside, as a privacy issue.

The case should be heard in April with an expected ruling being issued sometime in June. This will be a major case for drug cases in Fort Lauderdale because it will determine how police can use these drug-sniffing dogs, which have come under scrutiny as unreliable. Fort Lauderdale criminal defense attorneys will certainly be watching to see how this case is argued and what facts are presented to show that drug-sniffing dogs are legitimately trained and why the state thinks they can just take a dog up to a person's house to seek criminal actions against residents.

Marco Rubio Staffer Charged in Florida Domestic Violence Incident

Thu, 19 Jan 2012 14:40:26 -0500

A staffer for Florida Senator Marco Rubio was recently arrested and charged with a domestic violence incident in Fort Myers, leading to the man quitting his job, the Associated Press reports.

This incident brings up some key points for people who find themselves dealing with a Fort Lauderdale domestic violence incident. Fighting at home can be caused by excessive use of alcohol or abuse of drugs and can create major problems for both the aggressor an the victim.

Fort Lauderdale criminal defense attorneys recognize that while an arrest can be a difficult thing to defend when dealing with domestic violence, other aspects of this situation can be a problem as well.

What this refers to is a restraining order. Unfortunately, these are somewhat easy to obtain and can put a person labeled as an "aggressor" in these types of cases through the ringer. The Broward County Sheriff's Office makes it clear that a restraining order is as easy to going to the courthouse with the proper paperwork between 8:30 a.m. and 5 p.m.

A temporary protective order is usually granted first. All that takes is for a person to convince a judge they are in some type of danger. These orders are temporary, but can cause major distractions while active. For couples who live together and have children together, these can cause parents to not be able to see their children or spouses or have to live somewhere else while the order is in place.

A violation of an order can be punished as a criminal offense, even if there is no initial criminal report taken by police officers or sheriff's deputies. Florida Statutes 741.31, which governs domestic violence situations, tells residents how to obtain an injunction for protection against domestic violence.

But a temporary order is designed to be just that -- temporary. Once that is ordered by a judge, the person it is against receives a copy and has the right to a hearing to contest it. It is strongly advised that this person gets legal representation.

Requesting a hearing is well within a person's rights and he or she should ensure that an experienced Fort Lauderdale criminal defense lawyer is by his or her side at this type of hearing. A permanent order against a person can lead to him or her being shut out of their own home or being banned from seeing family members. A slip-up, even if unintentional, can lead to an arrest. It can be a slippery slope.

In the incident in Fort Myers, the regional director for Rubio in Southwest Florida resigned after initially being placed on administrative leave pending an investigation. Deputies went to the couple's apartment after the man's wife called 911 and then hung up. When they arrived, they found the woman's elbow was swollen and bloody and she was visibly upset.

She told deputies her husband pushed her, causing her to fall on top of a carpet in the garage. He then allegedly rolled her into the carpet and kicked and punched it with her inside. She said she unrolled herself and confronted him. The man allegedly then pushed her against the wall, causing the elbow injury.

Deputies arrested the man at a nearby hotel and charged him with domestic violence battery, despite his wife not wishing to press charges and refusing to get medical treatment. The man's attorney told the media the allegations are false and that the man and a witness whom she would not name can contradict the police report.

Detroit Tigers' Miguel Cabrera Avoids Jail Time in South Florida DUI

Thu, 12 Jan 2012 13:54:40 -0500

All-Star first baseman Miguel Cabrera, who was arrested last year and charged with DUI, recently avoided jail time after entering a no contest plea in connection with a 2011 arrest, the Detroit Free Press is reporting.

DUI in Fort Lauderdale is typically charged as a misdemeanor, which some people mistake for a minor charge. But Fort Lauderdale DUI defense lawyers have seen how a conviction can rip apart a person's life.

It can kill careers or make qualifying for certain jobs difficult. Some estimates put the cost of a DUI at more than $10,000 after paying the fines and fees, educational classes, bond to get out of jail the first night, towing and impound lot fees and other expenses related to the conviction. This can cause significant financial strain.

And there's also the stigma attached to such a charge. Newspaper and television news stations are interested today in embarrassing people who get arrested by posting their jail mug shots on their websites. Sadly, these photos can stay online forever, which can damage a person's reputation. This can lead to family problems as well.

This is why the only way to handle these charges is with an aggressive defense. In Florida, a defendant can face major sanctions, even for a first offense:

-Up to 1 year of probation
-Up to 6 months of jail time
-Mandatory 50 hours of community service
-Up to $1,000 in fines, unless blood-alcohol level is 0.15 or higher, then up to $2,000
-10 days of vehicle impound
-Minimum 180 days driver's license revocation
-Completion of DUI School

Anyone who thinks these are minor sanctions isn't paying attention. These can make a person's life difficult. And while it will still show up on a his record, Cabrera's recent plea has kept him out of jail.

The professional baseball player was charged last February after police pulled to the side of the road in Fort Pierce to check on his Land Rover, which was on the side of the road and Cabrera was standing next to it. Police said he started drinking from an open bottle of Scotch.

He faced several charges, including DUI and resisting arrest. As part of a plea deal, he was sentenced to one year on probation, lost his driver's license for six months, had to pay fines and fees, has to serve 50 hours of community service and must attend DUI school and a victim impact panel.

Some may see avoiding jail time as a major victory or a celebrity "getting off easy." But consider what you would do if you had to complete 50 hours of community service and live for six months without a driver's license. Those are significant hardships that the average person must take into account. So, while DUI arrests are on the decline in the United States, police are thirsty to make as many arrests as possible to show the public they are doing a good job. That's why the average citizen driver must employ a strong defense in any DUI case.

FDLE Employees Were Paid to Get Drunk, Test Breathalyzers For Ft. Lauderdale DUI Cases

Thu, 05 Jan 2012 13:01:46 -0500

Reports out of Sarasota suggest that the state's version of the FBI, the Florida Department of Law Enforcement, paid its employees recently to get drunk and test the Intoxilyzer 8000 breath test machine in order to use it in the prosecution of thousands of Fort Lauderdale DUI cases.

Fort Lauderdale DUI defense lawyers have become more and more skeptical of breath testing machines as evidence has come out that they are faulty. Lawyers have been able to get judges to write orders allowing them to see how the breath testing machines are manufactured.

This is because DUI cases are the only kind in Florida where the defendant isn't currently allowed to see how a key piece of evidence works. In murder cases, defendants get to see how blood evidence is collected and tested and those witnesses are available for questioning. In burglary cases, the defense is provided with information about who collected fingerprint evidence and how it was processed.

But in Fort Lauderdale DUI cases, until now, defendants weren't able to see the workings of breathalyzers, the machines that law enforcement relies upon heavily for arrests and convictions for driving under the influence. This has recently changed, but these machines are still coming under fire.

The Herald-Tribune in Sarasota has been reporting for months how experts testing these machines have seen that they work improperly. In many cases, defendants blew up to 12 liters of breath into the machine, though the human lung can only hold five liters of breath. That called into question hundreds of cases that prosecutors and judges tossed out.

And in Florida, FDLE only allows one type of breathalyzer to be used. And now that it has been questioned as potentially faulty, this raises questions about the thousands of DUI cases throughout the state, including in Fort Lauderdale. Current cases should be examined, as should past cases.

In the most recent news, the newspaper reports that FDLE bought about $300 of booze, snacks and mixers and allowed their employees to get drunk on company time in order to test the devices. The workers were told to drink and then blow into the machines. Their blood was also drawn and sent off to a lab, bringing the taxpayer tab to about $8,000.

FDLE employees testified about the results in a Sarasota courtroom recently in order to try to save the Intoxilyzer 8000 from being shelved statewide. But judges were skeptical because the blood tests have not yet been returned from the lab. DUI defense lawyers questioned the validity of the study since it was highly unscientific.

Fort Lauderdale DUI defense lawyers believe this is a last-ditch effort by the state to convince judges that these machines, which have already been proven to be faulty, are accurate. As more and more pressure is put on the state to replace these machines or ensure somehow they are accurate, it's possible that cases will be dropped or police will be reluctant to use these as their main piece of evidence.

Hollywood Police Department Fires 13 Officers

Mon, 13 Jun 2011 18:34:51 -0500

It appears as though the Hollywood City Commission has made some tough decisions at the commission meeting today. Thirteen Hollywood Police Officers have been terminated as well as imposing a ten percent pay cut for all other remaining officers. Additionally, it appears as though the City Commission cut their own salaries by ten percent. Needless to say, the budget cuts come after the City Commission learned that it faced a $10 million dollar budget shortfall rather than the anticipated $8.5 million shortfall.

It has been alleged by the Police and Firefighter Unions that the City Commission has engaged in unlawful negotiations by failing to provide any documentation showing a "financial urgency."
According to Stephanie Szeto, a Hollywood resident and Police Officer; "we don't have enough police officers and its getting to be a dangerous city."

There are many dangers associated with reducing any police force. The obvious danger is that crime may rise due to less police presence. Additionally, without the proper amount of police officers, it is reasonable to conclude that criminal investigations may suffer due to lack of resources. This is especially troubling in cases where a proper investigation would have lead investigators to find evidence of innocence rather than guilt.