Blog Posts in March, 2012

Broward Woman Charged With Attempted Murder Denied Bond At Arthur Hearing

A Broward County judge on Thursday declined to set bond for a Tamarac woman accused of trying to kill her estranged son-in-law in an incident partially captured on an iPhone recording. She has been charged with attempted murder with a firearm. The 67-year old woman has been held without bond at the Paul Rein Detention Facility in Pompano Beach since December 8 after she was accused of firing three ...

Can The State Compel A DNA Sample?

If you have been arrested and charged with a crime, and the state believes that there may be DNA evidence against you, the state can order you to provide a DNA sample. Now you may be thinking that the government cannot force you to do anything. Wrong. The government cannot force you to give a statement because that would be in violation of your constitutional right against self-incrimination. ...

"Shakedown" Letters In Shoplifting Cases

If you have been arrested for a shoplifting incident, whether petit theft or grand theft , you need to read the following very carefully: Nearly all retail chains (Wal-Mart, TJ Maxx, Target, you name it) have law firms on retainer that handle civil recovery matters. What I mean by "civil recovery" is that these firms will attempt to shake you down for $200 if you are believed to have committed an ...

Possibly 100 Students Involved In Criminal Mischief In North Miami Beach

Thousands of students in South Florida have taken part in school walkouts as a way to protest the lack of an arrest in the Trayvon Martin killing at the hands of a volunteer neighborhood watch campaign. All of them remained peaceful except for one and North Miami Beach police released surveillance video Tuesday of that incident which took place at a Walgreens located at 1501 NE 163rd Street. ...

New Twist In Self-Defense Shooting In Central Florida May Justify Stand Your Ground Claims

The controversial shooting in Sanford, Florida, that has made national headlines may be taking a turn in favor of the shooter. New reports from the Sanford Police indicate that the alleged victim, a 17-year old unarmed boy, may have been the aggressor. Reports state that while the shooter did get out of the car despite a police dispatcher telling him not to, he allegedly walked back to his car ...

Winter Music Conference, Ultra Music Festival, and Spring Break 2012

Three major events seem to happen at the same time. This year, the Winter Music Conference, Ultra Music Festival, and Spring Break all seem to overlap. Miami and Miami Beach are two very popular destination for spring breakers. Miami Beach estimates that 1.2 million people will visit this spring. Also this week, the Winter Music Conference and Ultra Music Festival are in full swing, bringing ...

Palm Beach Man Convicted Of DUI Manslaughter

On Friday afternoon, a Palm Beach jury returned verdicts of guilty on both counts against a wealthy Palm Beach man who had been on trial for a fatal car accident that killed a 23-year old man. The Palm Beach man was found guilty of DUI manslaughter and leaving the scene of an accident causing death . The man's defense attorney asked the Judge to allow him to remain out on bond pending sentencing. ...

Man Charged With Dealing In Stolen Railroad Parts

A 54-year old Miami man was arrested this week and charged with dealing in stolen property . He is accused of selling stolen railroad parts. He is being held on $38,000 bond for 5 counts of the second-degree felony. The accused is alleged to have would recruited people to steal precious metals that held down the tracks before dealing the parts to buyers. He also allegedly sold sewer covers. ...

Should I Testify?

If a criminal case cannot be worked out by way of a plea agreement, then the case proceeds to trial . At trial, a jury will decide whether the accused is guilty or not guilty. A jury bases their decision on the evidence presented. It is the prosecution’s job to prove the defendant guilty beyond a reasonable doubt. Since it is the prosecutor’s burden of proof, the defense is not required to present ...

What You Should Expect From Your Criminal Defense Attorney

The decision to hire a criminal defense attorney may very well be one of the most important decisions you ever make. When your freedom is at stake, the person whom you choose to represent your interests may very well be the difference between a positive outcome and a negative outcome. You should expect your criminal defense attorney to know the law. The attorney should understand the charges you ...

Cop Accused of Reckless Driving To Accept Plea Deal

The off-duty Miami cop clocked by a state trooper going 120 mph last fall will take a plea deal, a prosecutor said Tuesday after a brief court hearing. The officer will plead no contest on April 3rd to a charge of reckless driving , a misdemeanor that carries a maximum of 90 days in jail. Prosecutors will not seek jail or probation -- with one condition; he must pay the cost of prosecution in ...

Broward County Now Punishing Failure To Report For Jury Duty

As a way to curb the growing number of people skipping their civic duty, Broward court officials recently created a special monthly docket to deal with people who fail to report for jury service. During the past few years, court administrators have had to increase the number of people being summoned for jury duty because of the difficulty in getting individuals to serve. Offenders can be sentenced ...

Domestic Violence Pretrial Diversion (Batterer Intervention)

Both Pretrial Diversion (PTD) and Pretrial Intervention (PTI) are available, to some extent, for domestic violence offenses. In Miami-Dade County, PTD (misdemeanor domestic violence) and PTI (felony domestic violence) can be offered to an accused person if the accused has no priors, the alleged victim was not severely injured, and the alleged victim agrees. One of the conditions of domestic ...

What Could Happen If You Have An Outstanding Warrant

South Florida is a popular location for tourists. Unfortunately, cities and counties make a lot of money from court costs and fines which is why tourists are often targeted for arrests. Alcohol-related offenses such as disorderly intoxication are common for students on spring break or people just visiting Miami or Fort Lauderdale for fun. Felony arrests can also occur. However, since misdemeanors ...

Self-Defense Shooting In Central Florida Questionable

Last month, a Miami-Dade teenager was visiting his father in an Orlando suburb when he was shot and killed by a community neighborhood watch captain. The neighborhood watch captain allegedly saw the teenager walking though the neighborhood at night. He became suspicious and called police, allegedly telling police that he was going to follow the teenager. Police dispatch told the neighborhood watch ...

Police Bust Alleged "Chop Shop" In Deerfield Beach

One man is behind bars and six stolen vehicles were recovered after a Deerfield Beach "chop shop" was busted, authorities said. A 24-year old Broward man was taken into custody Wednesday after at least six allegedly stolen vehicles and several cars parts were found in the warehouse at 116 Southeast 3rd Street, the Broward Sheriff's Office said. A "chop shop" is a location where reportedly stolen ...

DUI Manslaughter Trial Underway in Palm Beach County

A DUI manslaughter and leaving the scene of an accident with death trial is underway in Palm Beach County. Circuit Court Judge Jeffrey Colbath is hearing the matter that involves a high-profile defendant. It is alleged that the accused was driving his Bentley at a high rate of speed and under the influence of alcohol. The Bentley then crashed into the alleged victim's car, sending it into a canal. ...

Cop Offered Plea Deal In Reckless Driving Case

The Miami cop who is accused of driving 120 miles per hour on the Turnpike in Broward County, leading to his arrest for reckless driving , has been offered a deal by the Broward State Attorney's Office. While the terms of the plea deal are somewhat vague, the accused can avoid a jail sentence if he accepts a no contest plea prior to trial. Reckless driving is a misdemeanor offense that carries a ...

Open Carrying of Weapons

Regarding misdemeanor weapons offenses, such as carrying a concealed weapon , there is also the crime of openly carrying a weapon. Whereas carrying a concealed weapon is a first-degree misdemeanor, open carrying of a weapon is a second-degree misdemeanor. Florida law provides that it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. ...

Public Corruption: Official Misconduct

Following up on our discussion yesterday regarding public corruption, official misconduct is another type of crime for which public officials can be prosecuted. Florida law states that "it is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to: falsify, or cause another person to falsify, any official record or official document; ...

Public Corruption: Unlawful Compensation

Florida law provides for special crimes and special penalties for public servants who commit crimes under the color of their office. One of these crimes is accepting unlawful compensation. Florida law states that It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept, any pecuniary ...

Computer-Related Crimes/Cyber Crimes

In 2012, it's no surprise that many types of crimes can be committed over the Internet. For years now, Florida has had strict laws in place that regulate computer-related and cyber crimes. Florida law provides that willfullly modifying data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network without authorization or ...

Fort Lauderdale Police Searching For Suspect In Fatal Hit-And-Run

Fort Lauderdale Police are looking for the driver involved in a hit-and-run crash that killed a Fort Lauderdale woman. Police said it happened in the 2400 block of West Davie Boulevard at about 7 a.m. on Saturday, March 3, 2012. Investigators said that an elderly woman was crossing the street when she was hit by a SUV going eastbound. The driver of the SUV stayed on scene. A grey Ford F150 then ...

Ex-Marine Held Without Bond In Road Rage Incident

A former U.S. Marine and co-owner of an American Top Team franchise is sitting in the Broward County Jail tonight without a bond after an alleged road rage incident in Coral Springs. Among the charges against the accused, a Coral Springs resident, are three counts of aggravated battery with a deadly weapon , one count of burglary with an assault or battery , one count of armed burglary , and two ...

Driver Suspect of Fatal Causeway Crash To Remain In Jail

The suspect in a hit and run crash on the Rickenbacker Causeway that resulted in the death of a cyclist was in court Tuesday where a judge ordered him to remain behind bars. The 25-year old accused man faces charges of leaving the scene of an accident causing serious bodily injury and driving with a suspended license in the February 15 crash that killed a cyclist. After the accused struck the ...