South Florida Criminal Defense Lawyer Blog

Tickets can become Criminal Offenses

Thu, 05 Jan 2012 15:15:28 -0500

You may have heard the news that many stoplights throughout South Florida, including Palm Springs, West Palm Beach, Coral Gables, and Broward County have cameras attached to them that are in place to monitor red light runners, now processing automated tickets for individuals who ran red lights. However, many of these tickets have been dismissed in court, especially in West Palm Beach and Palm Springs. One woman presented her passport to prove she was out of the country when she was supposedly caught on camera running a red light in West Palm Beach. Another woman brought a note from her pastor to prove that she was part of a funeral procession when she went through the light. One man pointed out that the video clearly showed his car was in the intersection when the signal changed from yellow to red, proof that he did not run the light. It is still legal to make a right turn on red, cautiously after a complete stop, unless there is a sign that specifically prohibits this action.

These and many other automated tickets, are being dismissed, with the help of South Florida attorneys. A few individuals won by using the videos to their advantage or by presenting evidence that they couldn't have been behind the wheel, but most hired South Florida attorneys who found technical arguments. Unfortunately, for some these tickets go un-noticed and the consequences are more than some people expect. These un attended tickets get processed by the court after some time, notice is sent to the address on the vehicle plate, and soon after the person fails to appear, a warrant can be ordered for the arrest of the person and/or the persons license can be suspended without their knowledge. A situation like this one causes the clerk to enter a "Traffic Criminal" case that can create a real problem for any licensed person and hinder their livelihood as well.

For example, one South Florida attorney successfully argued that the process of these automated tickets and the methods of execution, may be un constitutional and is quite burdensome and unfair. If you find yourself unfairly receiving one of these tickets or need assistance disputing a citation, or a failure to appear has been ordered against you, please contact your South Florida attorney. We can help you, call us today at 954-761-3444. Consultation is FREE!

Wed, 14 Dec 2011 15:35:27 -0500

Careers in Criminal Justice

Mon, 12 Dec 2011 14:42:01 -0500

I don’t endorse sites, but often we find one that is worthy of mention: careersincriminaljustice.net/ is one. If you are interested in a career in the criminal justice system; in criminology, as an investigator, paralegal, or any career field in the criminal justice system, this site is an excellent recourse.
Careersincrminaljustic.net has a state by state list of resources for information, training, schooling and licensing. It has college library reviews, degree program reviews and a host of other sources and resources for careers in criminal justice. If a career in criminal justice is your ambition or interest you should go to this site for information and encouragement. It is a great field with a future for many….something worth considering in these times of high unemployment and low job satisfaction.

INCOMPETENCY IN FLORIDA CRIMINAL COURTS

Mon, 28 Nov 2011 12:46:29 -0500

Florida criminal courts, like most states, recognize the inability to understand the nature of what is going on, and actively participate in your defense, as incompetency: incompetency stops the criminal trial process. If you've been charged with a criminal act in Florida, Fort Lauderdale, West Palm Beach, or Miami, and incompetency is an issue, it can be raised under the Florida rules of criminal procedure. The rule states that at any critical stage of a criminal proceeding, the issue of competency, if raised and established, stops the criminal prosecution of the case. Incompetency to proceed is raised by your criminal defense the following way: A motion to determine competency is filed with the court in which the attorney has to certify, after due diligence and a good faith belief, that the criminal defendant is incompetent proceed. In a criminal case in Florida one is incompetent to proceed if you don't understand the charges, or the allegations, don't appreciate or understand the range of possible penalties, you don't understand the adversary nature of a criminal trial, and cannot manifest appropriate courtroom behavior. The procedure requires a court to appoint three psychologists to conduct a mental health competency examination. If two of the three concur that competency is an issue; then the judge, most likely, will follow their findings and the case stops. If the issue is one of a mental illness then it allows the state two years to restore competency. All other competency questions require a residential in-custody therapy program be imposed and the state has five years to restore competency or the case can resolve with a dismissal. For more information about the difference between insanity and competency, speak with your South Florida criminal defense attorney.

Deportations in Miami, Fort Lauderdale and West Palm Beach under the “Secure Communities Act”

Wed, 26 Oct 2011 14:51:11 -0500

South Florida criminal defense attorneys representing people swept up in the homeland security removal process witness horrors of epic proportion inflicted on communities and families in Miami, Fort Lauderdale, and West Palm Beach. Only the United States government can conceive of an oxymoron of such epic portions as a so-called secure communities act. This highly controversial immigration removal program has come under the study of the University of California in Berkeley, which recently published the results of its study of 375 detainees. Coming as no surprise, the results concluded that the secure committee program seems to be targeting those of Latino origin for removal, rather than the intended group of violent offenders. If you have a criminal history involving a felony charge you should consult with a South Florida criminal defense attorney. Recent federal cases have changed both the scope and the focus of deportation proceedings in South Florida. Start by asking what the current policies towards persons of your national origin and criminal history.

Federal Pre Trial Release in Florida’s Federal Criminal Courtrooms

Sat, 22 Oct 2011 14:29:22 -0500

The U.S. constitution makes pre-trial release, called bail or bond, a right. That right exists more in the law then for those arrested in South Florida and charged in federal court. U.S. District Courts are in Miami, Fort Lauderdale and West Palm Beach. Federal courts are for cases and controversies of limited jurisdiction in civil matters and have exclusive jurisdictions for violations of federal criminal laws. The bulk of those arrested in Florida and brought before federal judges are drug importation and distribution charges (known as trafficking in Florida courts), immigration arrests, wire fraud, money laundering and an increasing number of federal arrests for violations of our Patriots Act (terrorist related charges). If you have been arrested and charged in a federal court the first judicial officer you’ll see is a U.S. Magistrate. Magistrate’s handle all bond, bail (pre-trial release) matters. In federal court you can be held in custody for three days simply on the request of the U.S. Attorneys’ Office. This is called pre-trial detention. The statute to read is U.S.C. 3142(f), the federal “first appearance” statute. For most your detention hearing is also the first appearance hearing. Magistrates in South Florida will rarely grant release on any condition if the charges involves drug trafficking in any amount more than person use amounts, weapons charges and charges brought under the Patriots Act. In the fall of 2010 a Boynton Beach Police Officer arrested by the U.S. and charged with drug trafficking was granted bail and fled to Brazil. As a result of that the Magistrates’ are ever more skeptical of granting any pre-trial release conditions, even though the right is embedded in the Constitution. Most defendants who are granted pre-trial release are able to do it because their South Florida Criminal defense attorney worked with the Assistant United States Attorney (the prosecutor in federal courts) and came before the Magistrate with an agreed set of conditions. If you are arrested and charged in Federal court you should insist on an experienced federal criminal lawyer from the day of your arrest.

Florida’s Convicted Felons Regisitration Laws

Tue, 18 Oct 2011 12:57:53 -0500

Florida has an extensive set of statutes requiring convicted felons to register. In the past these statutes were rarely, if ever and enforced, in Miami, South Florida, Broward Fort Lauderdale and the West Palm Beach area. Things have changed! Within the last six months there's been an exponential increase in the arrests for people who violate the registration of felons statutes. Florida statute 943.0435 requires sexual offenders to register. Those persons convicted of sexually motivated or sexually related offenses have come under increased supervision and control by the Florida Department of Corrections. The prosecutors in South Florida, called the State Attorney for Dade County, and the prosecutor for Broward County(Fort Lauderdale) have increased the arrests for failure to register. The current statute makes it a felony for a person, convicted of a felony, to fail to register with the local law enforcement, or Sheriff, in the county in which they reside. If you have a felony conviction in Florida, whether from Fort Lauderdale, Miami, or West Palm Beach, you should consult with a South Florida criminal defense attorney regarding the requirements for registration. The most likely way people get caught up into the registration violation traps is at traffic stops. Be certain that your drivers’ license address is correct, and reflects the county in which you are registered. If you have a withheld adjudication, then you are not under Florida law considered a convicted felon. If you have a withheld adjudication, the felony registration requirements do not apply to you. If you contact a South Florida criminal defense attorney, in Fort Lauderdale, or Miami, he or she, can tell you from the court records the correct disposition of your final disposition. Do not rely on websites to determine if you have a felony conviction. The only place to check is with the felony court clerk in which your case was filed and resolved.

Credit Card Fraud in Fort Lauderdale and Miami, Florida

Wed, 12 Oct 2011 16:31:06 -0500

The fraudulent use of credit cards and debit cards has prompted the creation of special prosecutorial task forces. The state attorney's office in Fort Lauderdale which prosecutes in Fort Lauderdale, Broward County has a special unit just for credit card and identity theft. The state attorney's office for Palm Beach County also has a special unit for identity theft cases. In recent years the federal government has provided significant funds which local law enforcement uses to focus on credit card and identity theft matters. The US attorney's office in South Florida, which brings federal criminal indictments in Miami, Fort Lauderdale, and Palm Beach, also has increased resources for credit card and identity theft cases. Federal prosecutions are usually brought under the wire fraud statutes. For cases filed under as a credit card faud prosecutor’s file under statute 817 and 812. If you are arrested in Fort Lauderdale under the theft statute the minimum felony exposure is five years. Five years because 15 years if it's more than $20,000 in total loss, it becomes a first-degree felony for over $100,000 in losses. If you're prosecuted in Fort Lauderdale or Miami for first-degree felony the maximum prison sentence is 30 years. Because the victim is usually a bank or credit card clearinghouse the individual name which is being used is not an integral part of the prosecutor's case. Identity theft prosecutions arise not only for credit card and debit card matters but also from ATM machines.

EXTRADITION

Mon, 10 Oct 2011 14:17:35 -0500

Extradition concerns laws and treaties used to transfer criminal suspects from one sovereign nation to another for prosecution. This is not to be confused with removal proceedings by the Homeland Security Department whereby people are deported from United States because of a criminal history. Extradition is also a concern when a person is wanted by another state for prosecution. By way of example, someone who was charged in Fort Lauderdale, Broward County, South Florida with a drug trafficking or drug possession charge may be found in another state. When an individual is arrested in another state and being held for transport to Florida this process is called intrastate extradition. United States Constitution and the full faith and credit clause as well as agreements between states, called intrastate compacts, come into play in this situation. A criminal suspect can also be transferred from one county to another. When Palm Beach issues a warrant for the arrest of someone charged with murder or probation violation that individual may be found and held in Fort Lauderdale. At that point it is a matter for the Sheriff to arrange for the transfer of that individual from one county to another.

Armed Drug Trafficking Offenses in Florida

Thu, 06 Oct 2011 10:20:01 -0500

Drug trafficking's most serious offense, and one that can include a possible death sentence in Florida, is Armed drug trafficking. The statute appears as Florida statute 893.135 (for punishments it refers the reader to the Florida sentencing and punishment sections). You can also look for it in the basic parts of F.S. 893 which, although quite long and confusing, is Florida’s drug abuse prevention and control statute. If you want to obtain a basic understanding of drug trafficking criminal offenses in Florida, start with a read of the criminal jury instructions, Section 25. Reading the Jury instructions for drug offenses and crimes in Florida, (such as purchase, sale, and cocaine delivery, and trafficking in cocaine and heroin), is the best place to get a good understanding of what these crimes are in Florida. Once you have read the jury instructions for possession of cocaine, delivery of cocaine or trafficking in cocaine, you can see and understand Florida's statutory scheme for drug possession and trafficking offenses. Basically, Florida's criminal laws on possession of drugs and selling of drugs fall into three categories. Simple possession, the drug possession statute that has the least exposure to prison (five years) is for arrests of "personal use” amounts of controlled substances. Drug "users" and "abusers" are charged with possession when they have enough for one dose or "high"....possession of personal-use amounts. Possession charges are for those who are users, but not dealers, sellers, or aren't in the “business” of buying or selling cocaine, marijuana, oxycodone and other mind altering drugs. Possession of more than enough for one dose, or being caught either giving away drugs or buying or selling a "small" amount is Delivery. Delivery of any controlled substance such as cocaine, heroin, oxycodone, or any "salt" or derivative of the many listed controlled substances in Florida can land you in prison for fifteen years.

The drug offense laws in Florida are for people who use, buy or sell any lesser or greater amounts of controlled substances. Most common drugs offenses are for cocaine, oxycodone, marijuana, and the many manufactured cocaine distillates and heroin substitutes in their many and various synthetic forms.

What is an appeal from a criminal conviction?

Fri, 15 Jul 2011 10:49:57 -0500

If you have been convicted of a felony, such as drug trafficking, or possession of cocaine in a Florida criminal court, such as Fort Lauderdale or Miami criminal courts, you should consider an appeal from your criminal conviction. An appeal must be filed quickly, the rules require a notice of appeal be filed within ten days of the imposition of sentence, and the first step is for the criminal defense attorney who conducted the criminal trial to file a notice of issues. During any criminal trial, such as a DUI, homicide, trafficking or murder, there are always issues, questions of law and criminal procedure that come up during the trial. The criminal defense attorney who is your criminal trial lawyer must object and then appeal for you to have an appellate court review the criminal trial. If there were significant errors, either in criminal law or criminal procedure, and they fundamentally affected the outcome of the criminal trial, then an appellate court will grant you an appeal and review the trial transcript. An appeal from a conviction for a criminal offense, such as possession of drugs or violation of probation, often takes many months, sometimes as long as a year. If you have a question about your rights as a criminal defendant in any South Florida criminal court, contact a local criminal defense attorney in Fort Lauderdale, Miami, or Palm Beach and ask for a consultation.

Where’s the good in goodbye!

Mon, 11 Jul 2011 13:15:59 -0500

Ever wonder why some sentences are longer than others? Have you or one of your “peeps” (peoples) been sent to the big house for an extended stay, while others seem to breeze in and out with more major convictions? Wonder why or do you know?
The sentencing process, when one is before a judge and pleading for mercy, does not begin with a well suited lawyer, it begins with a well prepared lawyer. When was the last time any lawyer you know wrote a sentencing memorandum? I’ll wager never, unless I’m your lawyer.
Sentencing memorandums are the Holy Grail to a lighter sentence. Why you ask? Why indeed! The answer is that judges hate them because it means that an appeal is next, and to avoid an appeal most judges will sentence on the low end of the guidelines and leave for another defendant that old thrown away key sentence. Lawyers know this but don’t do it because it takes up time, time they need for golf or relaxation. So here’s what you do: If you are interviewing a lawyer for a criminal case ask her/him to include the promise of a sentencing memorandum in the retainer agreement. It can make a big difference when the pedal meets the medal and it’s time for a reservation in a State residence. Know now and you’ll do better. And, knowing more means buying my app on the Apple Store for you iPad and iPhone: CRIMINAL LAW 101 by Ralph Behr. As of July 2011 after only seven months there were over 1000 copies downloaded and only one buyer asked for their money back…..and he was from England!

DUI or NOT?

Sat, 09 Jul 2011 11:29:26 -0500

Drunk drivers are a danger on the road, most times they are invading other traffic lanes, taking red lights, or even swerving into oncoming traffic. It is quite obvious in these instances, that the person behind the wheel is not paying attention or is somehow impaired. Although driving under the influence laws usually underline that a person be in “control” or have intent to “operate” a motor vehicle while intoxicated or impaired, police arrest and pursue charges of DUI-DWI, many times without reviewing the actual particular circumstances and elements of the law.

As a criminal lawyer I have occasionally, answered the question, Can I be arrested for sleeping in the car while drunk?, you will see why almost anyone can be charged with driving under the influence, but at times the charges are not clear or do not adhere to the laws against drunk “driving”.

Many police officers find persons sleeping intoxicated behind the wheel of parked cars some people, do not even have the keys to the vehicle. Other persons may be trying to sleep of a drunken stooper in order to be sober enough to drive off at a later time. Police officers are responsible for the safety of civilians and as such they have a duty to determine if someone is impaired enough, and should not operate a motor vehicle. Police are instructed to perform sobriety tests and use breathalyzer meters to measure a person’s intoxication level.

Therefore, if you sleep in your car after you have been drinking and an officer has to wake you, and performs a blowing test and you fail, because your blood contains more than the legal limit of alcohol, or you stumble trying to do the steps of the sobriety test. You can be charged with DUI, but depending on the situation you may not always meet the standards of the law to prove the charges against you.

IF you have any question or need assistance determining your charges of DUI or DWI call me for a free consultation.

Should I pull over?

Tue, 05 Jul 2011 14:50:00 -0500

Practicing in sunny Fort Lauderdale, I have received queries concerning whether one can be arrested for “Driving under the Influence”.

The answer is yes, you can be arrested for "sleeping under the influence" in your parked car. Why? well the theory is that you were probably driving at some time earlier and were probably intoxicated at the time, or the other scenario is that you intended to drive in your inebriated condition.

What should you do: If you find yourself driving home from a bar and you realize you have had too much to drink?

You should: Pull over and sleep it off, here are a couple of tips to follow:

a. Ensure the car is properly parked off the road leave your hazards on and the make sure the doors are all secure as to ensure your safety;
b. Remove the keys from the ignition, sometimes it is advised to put the keys on the ground in the back of the car, do not keep the keys on your person as you can be still arrested;
c. DO NOT remain seated or fall asleep in the driver’s seat, always go the back of the car.

Attorneys have advised that with the removal of the keys from the ignition and not keeping it on your person; sitting/sleeping in the back seat of the car will all indicate that you have no intent of driving or operating the vehicle.

We have seen some cases where the driver has done all of the above and was still arrested. Always seek legal counsel if you find yourself incarcerated for “driving/parking under the influence” you should hire experienced South Florida attorney who will build you a strong case in your defense.

Cars of the Future maybe the Cure

Sat, 02 Jul 2011 12:00:00 -0500

Last but not least, part three of my DUI – DWI segment, involves the use of today’s technology in cars. With the advancement of technology moving at a rapid pace in cars, we have vehicles that are now able to park themselves, Bluetooth capability to be able to answer your phone in your car, not to mention GPS to help you find your way around, the cars in house computer calling for road side service, and should you get into an accident calling 911 if should you be unable. So in order to help the campaign against drunk driving, various agencies are coming together to devise a plan of action that can be used in cars.

The Government and the automotive industry have been testing a new technology which will deter and possibly help stop drivers from driving while under the influence. This technology is still being developed in the United States and in Europe. Some of the technology being developed will test the air directly around the driver’s seat; test the driver’s skin for alcohol levels and emissions through the skin. In a more recent article, there was an actual demonstration performed in Massachusetts with the US Secretary of Transportation in attendance, along with the head of the National Highway Traffic Safety Administration and Laura Dean Mooney, National President of Mothers Against Drunk Driving. The article stated their findings and the pros and cons of this new technology.

Do your research on these recent blogs regarding drunk driving, you may find them very enlightening, and in the mean time, should you find yourself accused or charged with driving under the influence you should contact your South Florida criminal law attorney and seek legal counsel.