Blog Posts in September, 2012

Suspect in No-Body Homicide Makes Confession

In a follow-up to yesterday's post about a no-body homicide involving two University of Florida students, the suspect in this case has made somewhat of a confession. The suspect, who has been charged with first-degree murder even though no body has been recovered, has admitted to police that he beat the alleged victim until he was unconscious. The suspect stated that he then left the alleged ...

University of Florida Student Charged In No-Body Homicide

A University of Florida student has been charged with the murder of his friend, even though the body of his friend has not been recovered. Believe it or not, you can be charged with murder even if no body has been recovered. Circumstantial evidence can be used to prove that a murder occurred, even if no physical body is available. I have tried no-body homicide cases . They are constructed on ...

3rd DCA Upholds Stand Your Ground Ruling

Citing Florida's controversial " Stand Your Ground " law, the Third District Court of Appeal affirmed the ruling of a Miami-Dade Circuit Court judge, holding that a Miami-Dade man was justified in aiming a rifle at a pair of FPL workers who entered the man's property. The Court reasoned that the man believed that force was necessary to protect himself against what he thought were burglars. Two FPL ...

Trial Begins For Woman Charged With Doing Nothing

A woman is on trial in Broward County for literally doing nothing. People are usually prosecuted for their actions. In this case, it is her inaction that is leading prosecutors to push forward with charges of manslaughter and aggravated child abuse . This is actually a tragic story of a woman and her children victimized by a deranged husband and father. The accused's husband took his own family ...

U.S. Supreme Court To Consider Search Warrant Requirement for DUI Blood Draws

The U.S. Supreme Court will soon be deciding whether police officers need to obtain a search warrant prior to drawing blood in a DUI investigation. In the State of Florida, there are certain instances in which police officer can obtain a blood sample during the course of a DUI investigation. Under Florida's implied consent law, blood can be drawn if the administration of a breath or urine test is ...

Three Charged In Miami Beach Robbery Involving Submachine Gun

Three people are being held without bond after being accused of robbing someone on Miami Beach using a submachine gun. The three suspects have been charged with armed robbery with a firearm . The suspects were reportedly found with the alleged victim's property and the firearm. Armed robbery with a firearm is a life felony. It is a non-bondable offense, meaning that the court must hold an Arthur ...

A Dozen Cars Burglarized In Hollywood Apartment Parking Lot

Roughly a dozen cars had their windows broken inside of the parking lot at a gated apartment complex in Hollywood. Items, such as GPS devices, were reportedly taken from inside of the cars. Breaking into a car is known as burglary of an unoccupied conveyance . It is a felony of the third-degree punishable by up to 5 years in state prison. Each theft from inside of the car and each act of vandalism ...

Home Explosion Launches Grow House Investigation

CBS Local reports that a Miami home explosion has launched a police investigation into a possible marijuana grow house . Police are looking for the occupants of the home, who were supposedly renters. Police believe that the explosion was caused by the chemcial vapor present in some growing operations. Coupled with the electricity needed to run the grow lights, it is common for fires and explosions ...

Accused Sex Offender Denied Bond

A 27 year-old Miami man has been charged with two counts of lewd and lascivious molestation of a child for allegedly touching two young children inappropriately. The incident allegedly occurred at a public swimming pool. At the time the accused was arrested, he was allegedly on probation. If you are on probation and you violate by picking up a new charge ( new law violation ), you can be held ...

NFL Star Accepts Plea Deal In Domestic Violence Case

Former Miami Dolphin wide receiver Chad Johnson (also known as Chad Ochocinco) has accepted a plea of no contest to one count of misdemeanor battery . Johnson had been accused of striking his soon-to-be ex-wife and faced domestic violence charges. As a part of the plea deal, Johnson will serve one year of probation with the condition that he complete a year of anger management. As part of the ...

Hollywood Man Claims "Stand Your Ground" In Stabbing Deaths of Family Members

A 56-year old Hollywood man testified today in a " Stand Your Ground " pre-trial hearing in Broward County Circuit Court. Under recent caselaw, a defendant is entitled to a pre-trial hearing if they claim immunity under Florida's Stand Your Ground law. Under Stand Your Ground, a person may use lethal force if they reasonably believe such force is necessary to save their life or prevent serious ...

Trayvon Martin's DNA Not Present On Zimmerman's Gun

Forensic tests have revealed that no DNA belonging to alleged shooting victim Trayvon Martin was found on the gun fired by murder suspect George Zimmerman. While the prosecution will argue that this shows that Trayvon Martin never had his hands on George Zimmerman's gun, the absence of DNA in this situation merely shows that either Trayvon Martin never actually touched the gun or if he did, he did ...

Broward Man Charged In DUI Crash With Child In Car

A 30-year old Broward man is accused of DUI causing property damage, as well as child endangerment, for allegedly crashing his car into a Pompano Beach home with his 4-year old stepdaughter in the car. The man is accused of fleeing the scene of the crash on foot while leaving his young stepdaughter inside of the car. The accused's blood-alcohol content was .208, which is nearly three times the ...

13-Year-Old Boy Charged With Murder

The State Attorney up in Jacksonville has filed murder charges against a 13-year-old boy for allegedly killing his infant brother. The boy will be tried as an adult. While the facts of the crime are heinous, the accused is still a child himself. Studies have long proven that children cannot grasp the seriousness of an offense or the consequences that their actions may bring. This is why we have a ...

Miami Man Arrested For Posing As Dentist

Miami Police have arrested a man and his family for allegedly carrying on a dental practice without a license. Practicing medicine without a license is a felony in the State of Florida. The man was apparently arrested after a patient claimed that she became disfigured after the accused performed dental work on her. State and local authorities investigate any allegations of practicing medicine ...

High-Speed Chase On I-95 Goes From Miami-Dade To Broward

Police arrested three burglary suspects after a pursuit that began on the Palmetto Expressway in Miami-Dade County, and culminated in Broward County on I-95. The chase ended with the suspects' car crashing into the shoulder. Three suspects were taken into custody. The men will be charged with burglary in addition to fleeing and eluding . Fleeing and eluding can be a third-degree felony or ...

Hialeah Police Arrest Three Armed Robbery Suspects

Hialeah police arrested three men who were suspected of planning to rob a store. Police have stated that they observed a stolen car driving around a parking lot. When an officer got closer to the car, the car fled. A pursuit followed before the suspects ditched the car and fled on foot. It is unknown at this time whether there was any actual evidence of a robbery or of any planning of a robbery. ...

Women Charged With Grand Theft From Boynton Beach Sears

Two women have been arrested and charged with grand theft after allegedly stealing roughly $400 worth of underwear from a Boynton Beach Sears. According to police reports, the two women were leaving the store with the merchandise when they were confronted by store security. The women allegedly attacked the store security officers. One of the women was restrained, the other allegedly left the ...

Obscene or Harassing Telephone Calls

In Florida, it is a crime to make obscene or harassing phone calls. It is a misdemeanor of the second degree, punishable by up to 60 days in jail, to call anybody for the purpose of harassing them. This may include repeated vulgar phone calls, as well as repeatedly calling somebody and hanging up. If conduct goes above and beyond making harassing phone calls, or the sheer number of phone calls ...

Miami Police Looking For Park Shooting Suspect

Miami Police are looking for a 20-year old man accused of shooting three people at a youth football game in Overtown. Allegedly, the accused shooter got into an argument and began firing. It is unknown whether the bullets struck intended targets and whether the alleged victims were seriously injured. If located and arrested, he will likely face either aggravated battery with a firearm charges or ...

Broward County School Employee Accused Of Exposing Himself

A Broward County school employee has been charged with exposing himself to a minor. The specific charges are indecent exposure, which is a misdemeanor, and lewd and lascivious exhibition , a second-degree felony. The alleged victim in this case is a young child. Sex offenses committed against children are some of the worst crimes that you can be charged with. The stigma associated with the charges ...

The Felony Filing Process

When you are arrested and charged with a felony offense, the State Attorney's Office must review the arrest and interview witnesses before formal charges are filed. State Attorneys' Offices statewide have entire divisions dedicated to the screening and filing of cases. The more serious cases (typically second-degree felonies and higher) are screened and filed by the actual division prosecutors who ...

Several Arrested In Miami Beach Car Buying Scam

Several people have been arrested in a Miami Beach car buying scam. Charges for the individuals involved include racketeering, grand theft , and title fraud. While the details are unclear at this moment, most car buying scams include changing VIN numbers on vehicles and then reselling them. Many of the vehicles whose VIN numbers are changed are stolen cars. Those involved in organized crime can be ...

Best Time To Take Care of Your Bench Warrant

Bench warrants happen. You didn't mean to miss court. Maybe you didn't get a notice in the mail (most common reason). Maybe you forgot. But now you realize that you have a bench warrant (or alias capias if you're in Broward or Palm Beach). Your first instinct is to be scared. Rightfully so. If you're out and about and come into contact with a cop, that cop can discover your warrant simply by ...

North Miami Man Found Not Guilty of Manslaughter

In a follow-up to a post about a North Miami man on trial for manslaughter , the jury in that case has returned a verdict of not guilty. The state asked the jury to convict the man on the theory that he committed the crime of manslaughter due to his culpable negligence. The state said that his act of pushing a drunk and disorderly man off of his boat was reckless and negligent, and led to the ...