Blog Posts in January, 2013

Miami Cop Charged With Sexual Battery And Kidnapping Held Without Bond

In a not-so-surprising follow-up to yesterday's post about a Miami Police Officer who had been charged with armed kidnapping and sexual battery , the officer is being held in the Miami-Dade County Jail without a bond. This is not a vindictive move on the part of the court. Florida specifically designates certain offenses as non-bondable offenses . In simple terms, any crime that carries a maximum ...

Veteran Miami Police Officer Charged With Sexual Battery

A 7-year veteran of the Miami Police Department has been arrested for one count of armed kidnapping , and one count of sexual battery . The officer was arrested after an Internal Affairs investigation. A Miami-Dade judge signed an arrest warrant, which led to the officer being taken into custody. Since armed kidnapping is punishable by life in prison, the officer is being held without bond . The ...

Probation Violation For Failure To Pay

Probation is not cheap. You must pay for the cost of supervision, which you pay monthly. You may also be required to pay drug testing fees if drug-testing is a condition of your probation. If restitution is required, you may have to make monthly payments to satisfy that condition. Court costs, or the costs assessed by the court based upon your charges, are typically not a condition of your ...

Former Broward County Priest Sentenced For Sex Crimes

After pleading guilty to multiple counts of sexual battery and lewd and lascivious battery upon allegations that he molested several children over the course of the past 30 years, a former Broward County priest was sentenced to 15 years in state prison. At 69 years-old, a 15-year prison sentence is essentially a life term. The State Attorney's Office had reduced several of the charges, reducing ...

How To Tell A Good Plea From A Bad Plea

It's a fact that the overwhelming number of criminal cases in Florida state courts will be resolved through plea negotiations . Over 90% of all criminal cases in this state will never see a jury. This is because prosecutors and criminal defense attorneys routinely engage in plea negotiations where the state and defense agree upon a sentence that is often significantly lower than the maximum the ...

Broward Sheriff's Deputy Charged With Possession of Oxycodone

A veteran BSO (Broward Sheriff's Office) deputy has been arrested and charged with possession of oxycodone . Oxycodone, also known by its trade name OxyContin, is a powerful prescription painkiller. It is illegal to possess oxycodone in Florida without a valid doctor's prescription. Possession of more than 4 grams of oxycodone can constitute the crime of trafficking in oxycodone . According to the ...

Mistrial Declared In Miami-Dade "No Body" Homicide

A Miami-Dade jury could not agree on a unanimous verdict for a woman accused of murdering the foster child in her care several years ago. After days of deliberation with no progress in sight, the judge granted the defense's motion for a mistrial. The state may bring the accused to trial again should they decide. 67-year old Geralyn Graham was accused of first-degree murder for the supposed death ...

Police Chase Goes From Oakland Park To Hialeah

Two men In Oakland Park suspected of stealing a golf cart and hooking it up to a truck allegedly led police on a chase from Oakland Park in Broward County all the way down to Hialeah in Miami-Dade County. A police chase, in terms of an actual offense, is known as fleeing and eluding . Fleeing and eluding is a third-degree felony punishable by up to 5 years in prison. Aggravated fleeing and eluding ...

Suspect In Homestead School Bus Shooting To Be Direct Filed

In a follow-up to December's story about a Homestead teenager who may be tried as an adult for a shooting on a school bus , the State Attorney's Office in Miami-Dade County has decided to direct file the teenager, or formally charge him with a crime in adult court. The direct file process occurs when the State Attorney's Office charges a juvenile (someone under 18) with a felony in Circuit Court ...

South Florida High Intesity Drug Trafficking Area (HIDTA)

Due to the large amount of drug trafficking that occurs in South Florida, The South Florida High Intensity Drug Trafficking Area (HIDTA) was established so that South Florida law enforcement agencies could work together to specifically target suspected drug trafficking activity. HIDTA works on seizing assets, such as money, homes, and cars, that are suspected to be associated with drug ...

Murder And Attempted Murder of A Law Enforcement Officer

Two of the most serious crimes in Florida are murder of a law enforcement officer (LEO) and attempted murder of a law enforcement officer. Florida law provides for increased sentences for crimes against law enforcement officers . For first-degree murder of a law enforcement officer (which requires proof that the murder was committed during the commission of a felony or with premeditation), the ...

Cooper City Burglary Suspect Arrested

The Broward Sheriff's Office has arrested a suspect in a Cooper City burglary . While investigating the scene of a residential burglary, police discovered a wallet. Using the ID found inside of the wallet, police obtained the name of the suspect. A records check revealed that the suspect had a prior record and was presently out on bond with a GPS monitor for another burglary case in Broward ...

Family Of Victim Unhappy With Sentence For Rickenbacker Causeway Suspect

The other day, I posted about the sentencing for the defendant in the Rickenbacker Causeway hit and run . The defendant had pleaded guilty to one count of leaving the scene of an accident causing death , in addition to other charges. In an open plea to the court (not a negotiated plea between the state and the defense), a sentencing date was set whereby the defense put on evidence to show the ...

Victim of Burglary Charged With Murder

If somebody breaks into your home with the intent to steal from you, or harm you or your family, Florida law permits you to use lethal force without question. Florida's Stand Your Ground law includes a legal presumption that an uninvited person who enters your home has the intent to commit a crime. Therefore, you may use lethal force. You are not required to try to escape. You are not required to ...

Felony Petit Theft

Petit theft is normally a misdemeanor offense. If the property is valued at less than $100 and you have no prior convictions for any theft crime, the charge is a second-degree misdemeanor (maximum sentence of 60 days in county jail). Petit theft can be a first-degree misdemeanor (maximum sentence of 364 days in county jail) if the value of the property is $100 - $299.99 or if you have a prior ...

Rickenbacker Causeway Hit And Run Driver To Be Sentenced

The man accused of a fatal hit and run that occurred on the Rickenbacker Causeway in February 2012 is expected to be sentenced in Miami-Dade Circuit Court today. The accused faces over 30 years in prison for charges of leaving the scene of an accident (LSA) causing death (a first-degree felony), leaving the scene of an accident (LSA) causing serious bodily injury, and driving while license ...

Florida Lawmakers Propose Repeal of Stand Your Ground

Two Florida lawmakers are co-sponsoring a bill that would repeal Florida's Stand Your Ground law. Sen. Dwight Bullard and Rep. Alan Williams, Democrats from Miami and Tallahassee respectively, are proposing the legislation that would repeal the law. Under Florida's Stand Your Ground law, you may meet "force with force," including lethal force, if you reasonably believe such force is necessary to ...

Police Locate Car Suspected In Double Hit And Run

Police in North Miami-Dade County have been searching for a black Dodge Charger that was allegedly involved in two hit-and-run accidents in a short period of time. The first crash occurred between the Charger and another vehicle. There was only property damage in that accident with no injuries reported. In that instance, the crime would have been leaving the scene of an accident (LSA) . With no ...

Bond Increased For Parents Suspected of Death of Child

Two Broward County parents have been arrested and charged with child abuse after it was discovered that their child had been missing for a year and a half. As the parents are suspected in the death of the child, the judge considered the fact that there is a pending homicide investigation. As a result, the judge increased the bond amount for both parents. A judge may deviate from the standard bond ...

Possession of Prescription Drugs

Possessing a prescription drug without a valid prescription is considered possession of a controlled substance in the State of Florida. Possession of a small amount of a controlled substance is typically a third-degree felony. If you possess over a designated amount, you could be charged with trafficking in prescription drugs . Trafficking in prescription drugs carries mandatory prison time . ...

Arrest Made In Broward Cold Case

Police in Coral Springs have made an arrest in connection with a 2007 murder . The alleged victim was a Broward County businessman whose body was found in Palm Beach County. Since this is a case of first-degree (premeditated murder), a grand jury had to formally indict the accused in order for charges to be filed. The grand jury indicted the accused with one count of first-degree murder, and count ...

FHP Holiday DUI Enforcement Nets Over 500 Arrests

Over the past few weeks, the Florida Highway Patrol (FHP) has stepped up enforcement and recognition of impaired drivers. As a result, over 500 arrests were made during this holiday season DUI operation. FHP troopers look for reasons to make a traffic stop . A car may be pulled over for an infraction, such as speeding, failure to maintain a single lane, or some non-moving violation, such as a ...

The Open Fields Doctrine: Legal Search or Trespassing?

In many marijuana trafficking cases , police will discover marijuana growing in the backyard of a person's home. In the case of a marijuana grow house , the plants will be discovered in a detached building, such as a shed or detached garage on the property. Now you would think that the constitutional protection against unlawful searches would automatically extend to your own backyard. It's not ...

Jailhouse Informants

Evidently, everybody confesses in jail. Or so it seems. With the trial of Geralyn Graham going on in Miami-Dade CIrcuit Court, the issue of jailhouse informants seems to be at the forefront. Geralyn Graham is charged with murder for the death of her 4-year old foster child. However, since there was no body ever recovered, the prosecution has had to build its case on statements that the accused has ...

Misdemeanors And Their Consequences

I'm often surprised to find out that so many people don't consider misdemeanor offenses to be a "big deal." Obviously, they are not as serious as felonies and cannot result in any state prison time. But being charged with a misdemeanor can still have some life-altering consequences. Misdemeanors are crimes, and being charged with a misdemeanor means that you were arrested. Even if the officer ...