Blog Posts in October, 2011

24 Busted For Oxycodone Trafficking In Miami

One of the 24 people involved in major ring of alleged prescription drug peddlers owns a pharmacy at Government Center in downtown Miami that was trafficking in oxycodone . The pharmacy's owner allegedly purchased close to 1.7 million units of oxycodone in a 6-month period this year, making him the fifth highest wholesale purchaser in South Florida. The pharmacy located in the lobby of the Stephen ...

Miami Police Officer Charged With Reckless Driving...In His Own Patrol Car

Only in South Florida... An off-duty City of Miami police officer was arrested at gunpoint after a 7-minute-long, high-speed pursuit down the Turnpike. Allegedly, the officer was running late for an off-duty job. However, the officer was driving his assigned City of Miami police patrol car. The officer was allegedly reaching speeds of up to 120 miles per hour, weaving dangerously in and out of ...

Doral Woman Sentenced In Felony LSA Involving Police Officer

A 30-year old woman accused of striking a Doral motorcycle cop and then leaving the scene of an accident has accepted a plea deal that will result in 30 days in jail, followed by 3 years of probation . The plea deal also includes a 5-year driver's license suspension. The Miami Herald reports that in May of 2010, the accused was driving through Doral without headlights. The alleged victim, the ...

30 Pounds Of Cocaine Recovered At Miami International Airport

Detectives at Miami International Airport have arrested a 17-year old from London whom they say was carrying nearly 30 pounds of cocaine. The cocaine was reportedly being smuggled in boxes of cake mix. The accused is being held at Miami’s juvenile detention center on first-degree felony charges of trafficking in cocaine and importation of a controlled substance. The accused will turn 18 shortly ...

Thanksgiving Murder Suspect To Accept Guilty Plea

A man who allegedly murdered of four of his family members during a Thanksgiving 2009 shooting rampage has reportedly been offered a plea deal that will spare him the death penalty. Under the terms of the plea deal, the accused would plead guilty to first-degree murder and attempted first-degree murder charges in exchange for seven consecutive life sentences. The difference between consecutive ...

Two Arrested For Marijuana Grow House In Hollywood

Two people have been arrested after police discovered a marijuana grow house inside a Hollywood home. On Monday, authorities found 36 marijuana plants growing inside the Hollywood, Florida, home after receiving a tip. Police immediately arrested two people inside the home. Authorities confiscated the plants, which had a total weight of about 130 pounds and an estimated street value of over ...

Broward Road Rage Case To Claim Stand Your Ground Immunity

I knew this would happen. It was just a matter of when. In 2008, an off-duty federal agent was shot and killed in the parking lot of the post office on the corner of Pines Boulevard and Dykes Road. The incident made national headlines as it appeared - at first glance - that thiw was a tragic murder. However, as the truth slowly began to come out, it appeared as though the accused, a now 68-year ...

Permanent Injunctions And Aggravated Stalking

One of the ways in which aggravated stalking can be charged is when the crime of stalking, normally a misdemeanor, occurs while a permanent injunction or court-imposed prohibition of conduct toward the alleged victim is in place. The misdemeanor crime of stalking can be defined as, "willfully, maliciously, and repeatedly [following] or [harassing] another person." If an injunction or court-imposed ...

Temporary And Permanent Injunctions For Domestic Violence Or Repeat Violence

Obtaining a restraining order or permanent injunction in Miami-Dade County or Broward County, Florida is not always a simple procedure. First, you must see if you meet the statutory criteria necessary to obtain one. Are you a victim of domestic violence ? If so, is the person you are seeking an injunction against a blood relative, spouse, former spouse, somebody with whom you are in a romantic ...

Miami-Dade Jail Inmate Released By Mistake Charged With Escape

The man convicted of attempted murder who was mistakenly released from Miami-Dade County Jail was back in court Thursday to face a charge of escape. While it is no doubt a mistake to release a man who has been convicted and is pending sentencing, I do not believe that an escape charge is warranted. Florida law states that, "a person who is held in lawful custody pursuant to a judicial finding of ...

Record Number of Immigrants Deported Due To Criminal Records

It was reported this week that U.S. Immigration and Customs Enforcement (ICE) has deported nearly 400,000 immigrants during the fiscal year 2011 that just ended in September. ICE said about 55 percent of the 396,906 individuals deported had felony or misdemeanor convictions. Officials said the number of individuals convicted of crimes was up 89 percent from 2008. For purposes of immigration, it ...

West Palm Beach To Create Database For Prostitution Solicitation

The West Palm Beach City Commission voted Monday to post arrest photos of people arrested for a second time for the offense of solicitation of a prostitute . The mayor agreed not to post photos of first-time offenders who have participated in diversionary programs. Prostitution, both solicitation and providing sexual services for money, is a misdemeanor . With the state of the economy, ...

Florida Begins Pain Pill Database

According to the Sun Sentinel , Florida has a new computer system that helps to track purchasers and providers of prescription medication. Doctors and pharmacists will be able to check to see if a patient has received prescription drugs elsewhere. This is a crime known as "doctor shopping." Pharmacies must report every prescription filled for substances such as oxycodone , Xanax and Vicodin . ...

Miami-Dade Pharmacy Busted For Illegal Oxycodone Sales

According to the Miami Herald , Miami police, in conjunction with the DEA and Florida Department of Health, arrested the owner of a small pharmacy and his two employees, accusing them of selling oxycodone without a prescription. The three agencies conducted a six-month investigation after receiving information that the pharmacy may have been selling oxycodone to customers who did not possess valid ...

Do I Have To Appear In Court?

Typically, you have to go to court unless you are represented by a criminal defense attorney . If you are represented and your attorney has filed a written plea of not guilty, your presence at the arraignment is waived unless other issues must be addressed, such as your bond status . This may occur if the state is adding new charges and wants the court to increase your bond. Then you may have to ...

Florida School Bus Aide Accused of Child Abuse

A 70-year-old former school-bus attendant faces charges for child abuse after she beat and bit a teen she said had bullied her. A camera on the bus captured the incident. In the video, the accused, who is listed as 4-foot-7 in her arrest report, confronts the much taller 14-year-old alleged victim, striking, biting and wrestling with him. The accused was apparently set off by the teen's ...

Immigration Holds

In 2011, it's no surprise that criminal law and immigration law go hand-in-hand. With the diverse population of both South Florida and the United States in general, the federal government is going after non-citizens accused of crimes. If your loved one was not born in the United States and they are arrested and taken to jail, an immigration hold may be placed against them by Immigration and ...

Alleged Car Burglar Found Asleep In Car

Miami Beach police say that a 19-year-old man walked into the parking garage at the Fontainebleau Hotel, 4441 Collins Ave. at 3:30 a.m. Sunday. He allegedly found several unlocked cars and allegedly stole items. The man then found the car keys under the driver’s seat of a white, Infinity G35. That’s when police say he nestled in the backseat and “passed out.” Police say surveillance cameras inside ...

Palm Beach Woman Sentenced To 20 Years In DUI Manslaughter Case

CBS 4 reports that a Palm Beach County woman was sentenced to 20 years in prison for a DUI manslaughter crash that left two construction workers dead and one injured. A Palm Beach County Circuit Court judge sentenced the 45-year-old accused woman. Police say that the accused's blood alcohol level following the crash was .235. The legal limit in Florida is .08. DUI manslaughter is a second-degree ...

Florida's Drug Laws And How They Apply To Medical Practitioners

As Florida continues it's assault on medical pain clinics (crudely known as " pill mills "), it is important to note that Florida's medical practitioners, such as doctors, nurses, and pharmacists, are not immune to our state's drug laws. In fact, several provisions of our primary drug statute, Chapter 893, are directed at medical practitioners. Medical practitioners are at the forefront in the ...

Miami-Dade Police Officer Accused of DUI Crash

The Miami Herald reports that an off-duty Miami-Dade police officer has been arrested for DUI involving property damage when he allegedly struck another car at the intersection of Southwest 107th Avenue and Kendall Drive around 3:30 a.m. Thursday, according to the Florida Highway Patrol. There were no injuries reported. The officer is alleged to have been driving his personal car, not his patrol ...

Child Neglect

Like child abuse , child neglect is a felony crime that penalizes not necessarily intentional harm inflicted upon a child, but failure to exercise due care. Under Florida law, child neglect is defined as: 1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, ...

Elderly Man Reportedly Beaten And Robbed At Miami Bus Stop

WSVN reports that an 88-year old Little Havana man was beaten and robbed by an attacker in his early 20s. The alleged victim told police that a young man, possibly in his early 20s, approached him at a bus stop and asked for money. When the alleged victim told the young man that he did not have any money, the young man reportedly beat the alleged victim in the face with closed fists. The suspect ...

Should I Take My Case To Trial?

When you are charged with a crime, you are entitled to the presumption of innocence. That means that you are constitutionally permitted to maintain your innocence and require the prosecution to prove the charges against you beyond and to the exclusion of every reasonable doubt. While you do not have to go to trial and may discuss with your criminal defense attorney the possibility of a plea ...

Insurance Fraud/Staged Accidents

Insurance fraud , such as staged car accidents, are common in Miami-Dade and Broward County. Given the prevalence of insurance fraud in South Florida, the Florida legislature has implemented a two-year mandatory minimum prison sentence for anybody convicted of this offense. A staged accident can involve two defendants or several. The participants may file false insurance claims for property damage ...