South Florida Criminal Defense Lawyer Blog

South Florida and the death penalty – 32 years on the death row

Fri, 19 Apr 2013 09:36:58 -0500

Florida has 406 inmates currently on death row, of which 28 have been there longer than Larry Mann. Larry Mann was sentenced to death for the kidnapping and murder of a 10-year-old girl who was riding her bike to school. The crime occurred on November 4th, 1980.
Florida is one of the 33 states in the country that has death penalty. Since 1976, there have been 75 executions. In Florida, already 23 innocent people have been freed from death row and 6 clemencies were granted.
In capital cases in the State of Florida, the Judge may override a jury decision and the government has the authority to grant clemency on the advice of the Board of Executive Clemency.
Larry Mann’s latest appeal was denied by the US Supreme Court and more than one hour later, the death sentence was carried out.

Mon, 15 Apr 2013 15:25:56 -0500

In South Florida and all of its jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Hollywood, Pompano Beach, Aventura, Boca Raton and Coral Springs, many pretrial motions can be filed by the defense. A few of them are Motion to dismiss, Motion to suppress, and Motion to Sever.

If the evidence the State has against the defendant is a product of an unlawful search, the defense can move the court to suppress that evidence. If a confession or admission was obtained illegally, either by interrogating the defendant without letting him know of his Miranda rights, or by the use of threats, then the defense can move to court to suppress the confession or admission.

The Motion to Suppress needs to specifically state the particular statement or evidence sought to be suppressed, the reasons for suppression and a general statement of the facts on which the motion is based.

If you are being charged with a misdemeanor or a felony, call the Law Offices of Ralph Behr to speak with him directly. You need an experienced attorney to represent you.

Defendants taking pleas in absentia

Mon, 15 Apr 2013 14:15:26 -0500

What happens if a defendant lives outside of the State or even the country, and would like to enter or accept a plea offer?
A defendant can, if he or she wishes, enter what is called a plea in absentia.
A plea in absentia is done in the form of an affidavit which the Defendant signs, indicating that he understands the consequences of his plea and that he accepts the plea offer from the Prosecutor.
This can be done anywhere as long as the form is notarized.
Once the defendant completes and signs the form in front of a notary he or she will send the document to his or her attorney who will bring it up in front of the judge.

If you know someone who wants to enter a plea in absentia, call our offices to speak with attorney Ralph Behr.

Call our offices now, 954-761-3444. Phones answered 24/7

Out of county defendants and the misdemeanor drug court program

Tue, 26 Mar 2013 09:37:34 -0500

There is an alternative for defendants who reside out of the county to divert from the criminal system and have their cases transferred to drug court. The program is called the Day Reporting and Reentry Division (DRRD). There is a minimum of 6 months participation in the program which can also continue to one year.
There will be status hearings every months but the defendant’s presence is waived unless the judge mandates the defendant to appear in court. Not only there will be status hearings every month, but also there will be mandatory drug testing that need to be done at an approved lab within 48 hours of a phone call.
The defendant will be in constant contact with a community control supervision specialist. The drug tests results will need to be sent to that specialist by email or fax and the defendant is required to report every week by phone or email.
A 12-hour Lifestyle Education Class and Comprehensive Bio-psychosocial Assessment must be completed and the defendant must attend NA/AA meetings and provide proof of attendant on a monthly basis.
Every requirement can be met wherever the defendant resides.
If you or someone you know is interested in diverting the case to drug court, you need an experienced criminal defense attorney. Call our offices to speak with attorney Ralph Behr at 954-761-3444.

White Collar Crime Prosecutions

Mon, 25 Mar 2013 10:28:01 -0500

Robert Mueller III is the Director of the FBI. He has 36,074 employees, 13,913 special agents, but he calls the shots. And if a shot across your client’s bow is going to come, he’s the man who brings the misery down on us. So if you advise clients, Boards of Directors, Legal Counsel, etc. on what’s coming down the road, no need to read tea leaves, just listen to The Man. And he has spoken.
Director Mueller spoke in Miami April 2, 2012 and today, almost one year later, I can say with certainty that his speech is the most important roadmap for White Collar Criminal defense lawyers to use in counseling our clients. Read his speech and you’ll see that the FBI and SEC and FINRA and most of the FCPA and Patriot Act prosecutions we’re dealing with over the last year were foreseeable. So if you advise corporate clients on white collar matters, if you assist clients in setting up internal controls, investigations and advisories, line up your caseload and re-read his April 2, 2012 speech. I’ll bet you an amount equal to your past year’s parking fees at U.S. Federal Detention Centers (visiting your in-custody clients), that the roadmap was published. As is said “govern yourself accordingly”.
And here is the list extracted from Director Mueller’s speech:
1. Money laundering
2. Health Care Fraud
3. Mortgage Fraud
Followed by….corporate and securities frauds and Foreign Corrupt Practices Act (FCPA) prosecutions, both civil and criminal.

South Florida defendants and bond reduction

Tue, 12 Mar 2013 10:04:56 -0500

So you have been arrested last night and the judge posted a bond that you cannot afford. What do you do next? Do you stay in jail? Yes you do, unless you hire an attorney to get you what is called a bond reduction hearing.
In South Florida and all of its jurisdictions such as Miami, Fort Lauderdale, Boca Raton, Hollywood, West Palm Beach, Pompano Beach or Aventura your lawyer can file what is known as a motion to reduce bond. This means that you are asking the judge to set a bond reduction hearing if the initial bond is too high.
Reasonable bond is something you are entitled to, and it means that the bond is reasonable for you, not for an average defendant.
Your lawyer filed a motion to reduce bond and the judge set a bond reduction hearing, what happens next? At the bond reduction hearing, you have to convince the judge of four things.
1. That you are not a risk of flight
2. That you have sufficient ties to the community to assure your appearance in court
3. That you are not a danger to the community
4. That you do not present continuing danger to the victim.
Defendants only have one chance to reduce their bond.
If someone you know has been arrested and needs a bond reduction hearing, you need an experienced criminal defense attorney. Call our offices to speak with attorney Ralph Behr at 954-761-3444.

Charged as an accessory in South Florida

Fri, 08 Mar 2013 14:14:52 -0500

In South Florida and all of its jurisdictions such as Fort Lauderdale, Miami, West Palm Beach, Pompano Beach, Hollywood, Aventura, or Boca Raton, an individual who intentionally participates in a crime or helps a criminal before or after the crime, may be held responsible for it.

Take for instance someone who knows his friend will be going to a warehouse to commit burglary Monday night, and agrees to babysit for the burglar’s children while the burglar commits the crime.

The State needs to prove that the defendant is an accomplice by proving that they intentionally helped in the commission of a crime. The state must prove that the individual knew that the principal was going to commit a crime and he or she intended to help the crime succeed.

Another way of being responsible for a crime is being an accessory after the fact which is someone who knows that a felon has just finished committing a crime and helped the felon avoid arrest or trial.

If you have been accused of being an accessory or an accomplice, call attorney Ralph Behr. You need an experienced criminal defense attorney on your case. Call our offices at 954-761-3444

DUI and Manslaughter charges in Florida

Tue, 05 Mar 2013 11:45:11 -0500

On Saturday March 2nd, Nicole Mendez crashed into the back of a car in Fort Lauderdale causing the death of a 27 year old man. Nicole Mendez was brought up before a judge on Monday March 4th, where investigators showed that she failed the sobriety test. When they examined her blood alcohol leveled, they found it under the legal limit. But not only alcohol can lead to a DUI.
Nicole Mendez was a heroin addict currently recovering, and admitted that she was under the influence of other drugs the night the accident happened. In South Florida, not only alcohol can lead to DUI charges, but also cocaine, heroin, marihuana, etc.
The two charges she is facing are DUI manslaughter and vehicular homicide.
To prove the crime of DUI, the prosecutors need to prove beyond a reasonable doubt that the individual was in actual physical control of a vehicle, and that while driving, or while he was in physical control of the vehicle, he or she was under the influence of alcohol or any controlled substance to the extent that their normal faculties were impaired. By normal faculties, the Florida Statute refers to the ability to talk, walk, see, hear, judge distances, drive an automobile, make judgments or act in emergencies.
If you or someone you know is being accused of driving under the influence of alcohol or other controlled substances, you need an experienced criminal defense attorney. Call our offices at 954-761-3444 to speak with Attorney Ralph Behr.

Drug Court program in Florida

Mon, 04 Mar 2013 13:07:21 -0500

In the counties of Broward, Palm Beach and Miami-Dade, there is a drug court treatment program which can provide an alternative from prison or jail for people with conditions related to substance abuse.
There is an original program which is the Pre-Trial Intervention Program which was put in place as an alternative to jail and prison for first-time offenders, non-violent people whose charges included purchase of possession of a controlled substance, or substance abuse. The second program is the Diversionary Treatment Program which diverts those felons who were adjudicated from going back to prison. The pre-trial Intervention Program and the Diversionary Treatment Program have a minimum treatment of one year.
In South Florida's jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Boca Raton, Pompano Beach, Hollywood, and Aventura, in order to be eligible to have their felony charges dismissed, defendants need to be of age 18 or older, they must not have any prior conviction, and their charges need to be related to substance abuse.
The criteria to be eligible for the Diversionary Treatment Program are:
-Age 18 or older
-Offenders with sentencing scores of 52 points or less
-Offenders with sentencing scores of 52 points of less who have violated community control or probation due to a failed or suspected drug test.

If you or someone you know have been charged with a substance abuse related offense, you need an experienced criminal defense attorney. Call our offices today to speak with attorney Ralph Behr. Call 954-761-3444.

New Marijuana Bill Introduced in Florida

Thu, 28 Feb 2013 16:31:05 -0500

Cathy Jordan, who is the president of the Florida Cannabis Action Network, was surprised by cops in her home where they seized the marijuana plants she had.
What the cops who raided her house didn’t know is that Cathy Jordan has Lou Gehrig’s disease, and she needs to use marijuana as part of her treatment. Innocent people all over the country has been introduced into the criminal system and are being treated as such, only because they are carrying marijuana to relief them from pain and suffering of certain diseases. Different states have being arguing and debating over the use of medical marijuana and State Sen. Jeff Clemens decided to change things for the “Sunshine State”.
Jeff Clemens passed the bill S.B. 1250, also called “the Cathy Jordan Medical Cannabis Act”. The Cathy Jordan’s bill now permits certain people to possess marijuana for medical use. It is of course limited to patients with certain medical conditions and there are limited amounts that are allowed. A patient can posses up to four ounces and grow up to eight marijuana plants. 70% of Florida voters agreed with the new marijuana law.
If you or someone you know has been charged and arrested for possession of illegal substances you need to call an experienced Criminal Defense Attorney who will handle your case. Call Attorney Ralph Behr at 954-761-3444.

Domestic Violence charges dropped.

Tue, 26 Feb 2013 09:44:59 -0500

In South Florida and all of its jurisdictions such as Broward County, Miami-Dade county, Palm Beach county, Miami, Fort Lauderdale, Coral Springs, West Palm Beach, Boca Raton, etc, it is actually possible to have your domestic violence charges dropped.

There are a few requirements the defendant needs to fulfill in order to have his or her domestic violence charges dropped.

They will need to undergo a substance abuse program or treatment, have an evaluation of their mental health, participate in anger management classes, have absolutely no contact with the alleged victim in the defendant’s case and also not drink alcohol or take any illegal drugs at all.

If you or someone you know are being charged with Domestic Violence, you need an experienced criminal defense attorney to take care of your case throughout the entire process.
Call the Law offices of Ralph Behr at 954-761-3444 and speak with Attorney Ralph Behr himself.

Expunging Complaints from Broker Check

Wed, 20 Feb 2013 10:42:36 -0500

There is a major sea-change coming and it will lift many Brokers’ boats: FINRA lost a major case in California and is forced to retreat from its position refusing to deal with Broker Check defamation. Financial Advisors, prior to a case that came out in October 2012 ( Lickiss v. FINRA, A134179 (Cal.App.1st, 2012)) were frustrated in trying to have FINRA remove defamatory and fact-false complaints posted by FINRA on Broker Check. That may be changing. The California case goes a long way to expand the ability of securities lawyers to demand Broker Check complaints be removed. If your business is being held back by scurrilous and fact-false Broker Check complaints we have some new cases to force FINRA to do the right thing when you have been wronged. Contact my office at 954-761-3444 (phones answered 24/7) for more information

Second chance for first time offenders

Tue, 19 Feb 2013 09:04:48 -0500

In South Florida and most of its counties such as Miami-Dade, Palm Beach and Broward, first time offenders being charged with a Misdemeanor have an opportunity to enter what it's called a Misdemeanor Diversion Program, or MDP.
A misdemeanor diversion program allows those first time offenders to accept responsibility for their actions, seek rehabilitation, and divert their cases from the criminal court system. The whole program is supervised by the Broward Sheriff's Office.
What does the defendant need to do upon entering the MDP?
It depends a lot on the specific facts of each case. If it's a drug related activity, the defendant would usually have to participate in a drug abuse program. If it is a battery or domestic violence case, the defendant will be required to undergo a batterer's intervention program.
Regardless of the facts of the case, all individuals entering the MDP will need to do 25 hours of community service and pay certain fees.
If the program takes 3 months, he or she will have to pay $300 to the probation office and $150 to the court. If it is a 6 month program, the defendant will need to pay $600 to the probation office and $150 to the court. The individual entering the MDP must be a resident of Broward county, although there are some exceptions. Students, for example, may reside elsewhere when school is in session, but will have to be in Broward county and have a verifiable address when they are not required in school. Another requirement of the MDP is that the defendant needs to physically chek-in once a month with the probation office.
If you are being charged with a misdemeanor and think you are eligible for the Misdemeanor Diversion Program, you need a criminal lawyer with experience who will be able to get you in the program and keep you case off of the criminal court system.
Call Attorney Ralph Behr at 954-761-3444

Democrats, Republicans, and the "Stand your Ground" law

Sat, 19 Jan 2013 03:00:00 -0500

After an innocent 17 year old boy was shot by accident by a neighborhood watch volunteer, his mother, Sybrina Fulton and Democratic lawmakers are asking for the repeal of the Stand your Ground law.

The stand your ground law gives a person the right to justifiably use deadly force as long as there is a reasonable belief of an unlawful threat. In Beard v. U.S. (158 U.S. 550 (1895)), the Supreme Court ruled that a man who was on his property when he came under attack, did not provoke the assault, and had reasonable grounds to believe, that the other individual intended to take his life, or do him great bodily harm, did not have a duty to leave and was entitled to stand his ground.

This basically means that if someone enters your home in the middle of the night and you have reasonable belief that this person has a gun and may take your life, you don't have an obligation to leave your home, but you have the right to self defense and to use deadly force to protect yourself.

The case of Trayvon Martin, the 17 year old boy shot and killed by George Zimmerman, has brought even more criticisms of the stand your ground law and whether it should continue to exist or not.

George Zimmerman is being charged with second-degree murder. He is claiming self-defense and is now awaiting trial.

Can the police lie to me?

Thu, 17 Jan 2013 10:42:52 -0500

The book contains definitions of the 50 most often charged crimes and answers to the 100 most asked criminal law questions. It gives practical and readable definitions of 50 crimes from: arson to witness tampering, plus answers to the 100 questions most often asked of lawyers from those either involved in a criminal investigation or arrested. The book is written by an experienced criminal lawyer with over 30 years experience in courtrooms from New York to Florida and the U.S. Supreme Court, in a clear, understandable language.

Get a copy of the book on Amazon, or come to our office.

Get the information you need. Know your rights.