DOMESTIC VIOLENCE COURT IN FORT LAUDERDALE, FLORIDA Fort Lauderdale is the county seat, so you will find the Circuit Court in downtown Fort Lauderdale. There are two courtrooms which handle only domestic violence crimes: a misdemeanor courtroom with Judge Gonzales, and a felony courtroom presided over by Judge Cohen. If…
Articles Posted in Florida Criminal Defense
SOUTH FLORIDA CRIMINAL RESTITUTION PROBATION TERMS UNDER ATTACK
Many of those accused of crimes in South Florida are forced to agree to excessive amounts of money payments under the restitution element of their sentence. The Fourth District Court of Appeals, which reviews South Florida criminal cases, clarified the rule. The court found that a Broward judge abused his…
VIOLATIONS OF PROBATION IN FORT LAUDERDALE: CHANGE OF RULES
Fort Lauderdale criminal defense attorney Ralph Behr has sent an advisory to his clients on probation. It concerns the recent ruling from the appellate court that covers South Florida: particularly Fort Lauderdale and Broward County. The ruling clarifies when drug offender probation terms are added to probation for non-drug crimes…
FLORIDA DUI LAW CHANGES FOR 2008-2009
Florida DUI penalties were enhanced starting in 2008. The principal change has been an increase in the fine: from $250 for a first DUI to $500. If you are arrested and refuse to provide a breath exemplar your first refusal counts towards the newly enacted misdemeanor charge of breath-refusal. Now…
SOUTH FLORIDA PAPER MONEY CONTAINS COCAINE
US currency (paper money) that circulates in Fort Lauderdale, Florida and south to Miami has the highest traces of cocaine in the world. Possession of cocaine requires actual possession, knowledge and control. If you hold on too tight to your money you cannot be convicted of possession. Former President George…
VIOLATION OF PROBATIONS IN FORT LAUDERDALE
In South Florida a Probation Violation means ten days of jail in Fort Lauderdale before you see a judge. Fort Lauderale is in the 17th Judicial Circuit, it does not include Miami. A willful and substantial violation of probation generates a probation officer filing a request for a pick-up order:…
Do the Police Need a Warrant to Make an Arrest?
No. If the police have probable cause they can make an arrest without a warrant. Probable cause means a reasonable person would believe a crime has been committed and you did it. Police must have a warrant to enter a home: with two exceptions: hot pursuit and exigent circumstances. If…
What is an arrest? What is a stop?
UNDERSTANDING THE PROCESS FROM ARREST TO CRIMINAL CHARGE Police contact begins with a stop, proceeds to a detention and culminates with an arrest. When contact is voluntary you are always free to go. A detention is lawful only if the officer has articulable suspicion that a crime has been committed…
New Rules for South Florida Drug Arrests When Man’s Best Friend Goes Bad
FIDO IS A FINK! A dog working for the police validated a drug possession arrest because it happened fast. The four minute rule is under assault. Drug trafficking and drug possession cases are a top priority for cops in Fort Lauderdale. Searches incident to a traffic stop have always been…
Florida Rules on Imposing Death in Capital Murder Cases
Florida has a death penalty process created by statute and court rule. Florida criminal courts are divided into regions or jurisdictions, but they all follow the same rules. Different districts encompass Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, but they all follow the…