Articles Posted in Crime News

Florida’s constitution is clear: the right to bond (pre-trial release) is a right, not a privilege. Our constitution says that pre-trial release (bail) cannot be denied by a judge unless he makes a finding that there are no conditions (restrictions) that can assure your appearance in court, or can assure the safety of the community. Written in the constitution, but treated lightly by the legislature and most judges. How so? Go to Florida statute 903.0471, your legislature said a judge can deny you bond if you have a new arrest while out on another charge. South Florida criminal defense lawyers, yours truly among them, have been reminding judges that bond is a right than can only be taken away if the judge makes a finding that the arrestee is a danger of flight or danger to the community. The legislature and most criminal judges in Florida avoid dealing with the constitution in a rush to judgment. It may appeal to common sense that if you are arrested once and then a second time, you may be a habitual or repeat offender. But being a repeat offender is not a constitutional basis for denying bond. I have been fighting in court, just again last week, to overturn the law that denies bond to re-offenders. Constitutional rights exist, they are there to preempt passions and imagined fears and should not be taken away easily. Contact a Florida criminal lawyer to know your rights to bail.

If you have a need to know and understand Florida’s criminal laws here is the best way to start: go the Florida’s Jury Instructions and read the jury instruction for the Florida criminal law you are interested in learning about. That’s where I start and I’ve been a criminal lawyer since 1976! Here’s why: Juries don’t read statutes, judges don’t read statutes to juries. Only lawyers read law, so skip the law and go to the jury instructions. After the trial the judge doesn’t explain the law, he reads the jury instructions. Jurors base their decisions on their understanding of the jury instructions. So what does a statute mean? It’s anyone’s guess, and it often is just that: something lawyers and judge’s wrestle with in motions and hearings. But when the tire meets the road and a criminal defendant is on trial the only law that matters is what the jury hears, and the judge just reads them the jury instructions. Florida criminal jury instructions can be found on the website of the Florida Supreme Court, or just Google it! Once you’ve read them then call me for a consultation. Start with a little basic research and you’ll get better results from your Florida criminal lawyer. Be informed, it’s your best defense! Knowledge is power.

Miami led Florida counties in arrests last year with a total of 154,257. Miami criminal arrests numbers are for Miami – Dade county which includes the major cities of Hialeah (11,765 arrests), Miami Beach (12,740) and the City of Miami (57,466 arrests). Broward County arrests last year totaled 90,820. Included in the Broward totals are the major cities: Fort Lauderdale (13,940 arrest), Hollywood (8,203 arrests), Pompano Beach (6,705 arrests) and Davie (5,097 arrests). The Florida Department of Law Enforcement website has more arrest totals and information on criminal histories, a sex offender database, and unsolved homicides.

Thinking of adding your name to the growing list of white collar criminals with your own brand of Ponzi? Here’s some advice: New York’s federal courts are sympathetic to late lifers who commit white collar crimes. New York Federal Judge Jack B. Weinstein gave a nine year prison term to sixty year old Edward T. Stein who defrauded his investors out of $46,000.000.00, yes… 46 million…a trifle for our local boy Mr. Rothstein. So open a hedge fund with your social security check and go at it! Federal criminal defense attorneys, like me, are anxious to file change of venue motions to move our federal white collar criminal cases to Brooklyn Federal Court for a more ‘sympathetic’ judge. Our South Florida federal criminal judges give out longer sentences. Maybe this will cause a reverse tide of scammers….imagine Mr. Rothstein’s New York branch? So round up your hedge fund white collar scammers, call your “client”-victims and move North! Yahoooooo!

When the economy goes ‘south’, some crimes go through the roof! Identity theft, always a major problem, is again making headlines and on YOUR dime! (dollar??).
The Attorney General of Florida has posted an identify theft protection kit, which I highly recommend. Press on identify therft and it will take you to the webpage.
Credit card fraud, bank fraud, falsification of credit information….all is increasing in frequency, and your South Florida criminal lawyer sees it every day! To protect yourself from identify theft follow some basic sensible precautions. First; keep your (article continues on page two)

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The United States has the highest rate of incarceration in the world. Our next competitor is China. Here are the numbers for the USA:
-Over 7 million people are in prison, probation or parole
-With 5% of the world’s population the USA has 25% of the world’s incarcerated
-70% of US prisoners are “non-white”
-1 of 3 non-whites males between 20 and 29 years of age are in prison or parole
-In Federal prisons 57% are in on drug related charges
-93% of prisoners are male
In Broward Count Florida (composed of Fort Lauderdale, Pompano, Davie, Weston, Hollywood, Coral Springs, etc)
-in 2008 there were over 90,000 arrests

It came as no surprise that a case coming out (of all places!) the 2nd Circuit: Hayden v. Paterson, (Federal) refused to restore civil rights to felons even after re-stating the obvious racial disparity in our prison populations: “Blacks and Latinos are sentenced to incarceration at substantially higher rates than Whites, and Whites are sentenced to probation at substantially higher rates than Blacks and Latinos. For example, in 2001 Whites made up approximately 32% of (continued on page 2)

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Accused of the crimes of Unlawful Termination of a Pregnancy and Practicing Medicine without a License a South Florida Criminal Defendant from Miramar, Florida pled guilty to five felonies and two misdemeanors. The defendant’s 16 year old daughter gave birth on a toilet in her home to a fetus that was found in the garbage. The defendant, who was not charged with murder or homicide, worked a plea bargain with the Office of the State Attorney for Broward County and was sentenced before a Broward County Circuit Court. The felony charges called for a 26 year sentence which was reduced by the prosecutor and agreed to by the court so that the 39 year old mother could avoid a lengthy prison term.

Carlos Bertonatti was arrested in the manslaughter of a bicyclist on the Richenbacker Causeway in Miami this past Sunday. Miami-Dade Police stopped Bertonatti in his silver Volkswagen as he dragged the crushed bicycle for blocks. Christopher Lecanne was the bicyclist killed in the incident. Bertonatti was charged with vehicular homicide and DUI manslaughter. Bail was set at $32,000.

An arrest for driving under the influence (DUI) of alcohol or drugs is a serious offense, and a driver can be charged with a DUI offense if his or her blood alcohol level tests at .08% or higher. The state of Florida has some of the toughest DUI laws in the United States.

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Steve Sestokas, 33, received a DUI on State Road 54 in New Port Richey. Sestokas reportedly leaned over his passenger seat to retrieve a music-playing device that had fallen. As this happened, he hit a guard rail and came to a complete stop. A Pasco County deputy intercepted him and found the accident. Sestokas was incapacitated and continued to voluntarily press down on the gas pedal despite orders by the approaching deputy to cease. Eventually the deputy got Sestokas out of the car despite refusing to follow orders. Florida Highway Patrol arrived on the scene soon after to continue the investigation. Sestokas was charged with driving under the influence and resisting an officer without violence.

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