Articles Posted in Florida Criminal Defense

The State of Florida has laws which determine who can consume and sell alcohol. In South Florida, DUI arrests are becoming common. People in Ft Lauderdale, Miami, Palm Beach and other places in Florida are being arrested by police officers and charged with an alcohol related offense.
The most important thing in these cases is the broad term of determining whether you were “operating” the vehicle.
Even if you were sleeping in the back seat, courts may say you were operating the vehicle. Alcohol is not the only intoxicant that justifies a person being arrested for DUI. Any intoxicant such as marijuana or cocaine can be grounds for a DUI arrest.

It is the State’s obligation to prove you were operating the vehicle at the time of your arrest. They must also proof that you were impaired, and as a consequence, not capable of driving.

If you think you were not operating the vehicle at the time of your arrest and that you are being unfairly accused of driving under the influence of alcohol or any other intoxicant, you should call a South Florida criminal defense attorney for a free consultation.

The answer is there is no “right”, but you can protect yourself or others according to the current Laws in Florida. If you meet the elements of the commonly named statute of “Stand Your Ground” then you have the right to protect you and others from grave bodily harm from another person.

For example: a burglar comes into your Fort Lauderdale, Margate or Coral Springs home and you are there watching T.V. with your family or friends. If the intruder decides to attack you when he notices you, are you supposed to run away, or defend yourself, others, home, and children? You can legally defend your home, others, and your children if you are able to do so. And if you are able to take control of the situation, subdue the offender and dial 911 immediately.

The current law reads as follows:

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (cont…)

As for tacking this statute to other situations and other places such as outside your home and in the neighborhood. That is the heated current debate in the Trayvon Martin, shooting case taking place in Central Florida. With all of the conflicts in the reports, this statute may or may not apply. According to reports, the youth was not attempting to enter the shooters home, and the reports have conflict about the youth attacking the shooter at the time of the shooting.

If someone tries to hurt you or your family in your home, you have laws that protect you if you chose to defend yourself and others. But read further into the laws before you jump the gun. Call a local attorney for a consult if you or any family member have been accused or charged with a crime that you believe may involve self defense.

Even if Florida has a “Right to Carry and Bear Arms Law”. That doesn’t mean everyone is allowed to do so. Convicted felons are not allowed to carry or bear arms for the simple fact that they were convicted of a crime and as such they are not allowed to obtain the proper permits to carry a weapon concealed or otherwise. The mentally ill for obvious reasons, are not allowed either.

As in many other states, South Florida has a process to go through in order to obtain a permit to carry or conceal a weapon. Often times we hear about weapon involved domestic violence or fights at a local establishments in Miami, Broward or Palm Beach where someone used a gun. First of all one of the worst mistakes to having a concealed weapon permit is that people take the gun to a public place. The Florida Department of Agriculture and Consumer Services strictly and most definitely advise against anyone carrying a weapon to any public place or any place where alcohol is more than likely to be consumed. This includes parks, schools, bars, nightclubs and so on.

Recently, two men were lost in the woods in the northern part of the State of Florida. The men were planning to cut a trail from the woods behind their home to a nearby creek. Unfortunately, they got lost and when they did not return home, the family advised the authorities to look for them. One of them was a convicted felon and after he was found safe, he was arrested for carrying a weapon.

The answer to the question above is NO!

If you or a family member should need advice or legal counsel pertaining to concealed weapon charges or self defense. Please call our office for your free consultation today!

Spring is here and South Florida is a great place to some spend time because of the mostly sunny weather. But with the busy streets and crowded businesses comes some angry driving, and inpatient patrons. Just recently road rage has been reported to be increasing in Miami, Palm Beach and Broward counties.

Although road rage is usually a momentous reaction to the poor driving of another person, it can have sometimes lead to really serious circumstances and criminal consequences if taken further.

Some people engage in road rage and at times the accidents can be considered intentional disregard or one of the person’s commits a criminal act that when reflected on later, they realize it was a mistake they committed by giving into road rage. Recently, a man got out of his car with a gun and beat two other men down because they seemed to cut the man off in traffic. The man was jailed and held without bond for his actions and can be charged with aggravated assault with a deadly weapon.

Many street crimes can start with road rage and as more people crowd the streets of South Florida and grow impatient in traffic, it is recommended that people drive safely. If you have been accused of a crime caused by a road rage incident call a local South Florida attorney and get the facts about your rights and information in your defense.

In Ohio, a mother was accused and jailed for sending a friend a cell phone video, that depicted she was instructing her 2 year old daughter how to smoke a Marijuana cigarette. In case you were wondering? This is a crime. In Florida, the State could add several charges to this type of crime, such as; Child Abuse, Child Endangerment, Contributing to the delinquency of a minor and the list may go on. Why would this personal video be a crime?

First and foremost as far as Marijuana is concerned it is a controlled substance in some States and an illegal one in most. Secondly, the fact that the child is probably not aware that she is committing a crime and is just doing as mommy is instructing shows that the innocence of the child is being corrupted by a person who should know that they are doing something wrong and committing a crime.

Some parents take in stride that a taste of alcohol to a child is no big deal, or that a puff a cigarette is just a way to teach the child why the parent does it. But either way lesson or not, exposing children to drugs, alcohol or any habits that are not meant for a child may land the parent in some serious criminal situations. In some religious groups and cultures some of the practices involving children are customary and sacred. But if you reside in the United States it is best to know which of the customs practiced can be considered a crime.

If you or someone you know has been accused of any criminal circumstance involving a child. Seek the counsel of an attorney immediately. Your criminal attorney can determine if the acts fall into the actual letter of the law pertaining to what acts were practiced.

You may have heard the news that many stoplights throughout South Florida, including Palm Springs, West Palm Beach, Coral Gables, and Broward County have cameras attached to them that are in place to monitor red light runners, now processing automated tickets for individuals who ran red lights. However, many of these tickets have been dismissed in court, especially in West Palm Beach and Palm Springs. One woman presented her passport to prove she was out of the country when she was supposedly caught on camera running a red light in West Palm Beach. Another woman brought a note from her pastor to prove that she was part of a funeral procession when she went through the light. One man pointed out that the video clearly showed his car was in the intersection when the signal changed from yellow to red, proof that he did not run the light. It is still legal to make a right turn on red, cautiously after a complete stop, unless there is a sign that specifically prohibits this action.

These and many other automated tickets, are being dismissed, with the help of South Florida attorneys. A few individuals won by using the videos to their advantage or by presenting evidence that they couldn’t have been behind the wheel, but most hired South Florida attorneys who found technical arguments. Unfortunately, for some these tickets go un-noticed and the consequences are more than some people expect. These un attended tickets get processed by the court after some time, notice is sent to the address on the vehicle plate, and soon after the person fails to appear, a warrant can be ordered for the arrest of the person and/or the persons license can be suspended without their knowledge. A situation like this one causes the clerk to enter a “Traffic Criminal” case that can create a real problem for any licensed person and hinder their livelihood as well.

For example, one South Florida attorney successfully argued that the process of these automated tickets and the methods of execution, may be un constitutional and is quite burdensome and unfair. If you find yourself unfairly receiving one of these tickets or need assistance disputing a citation, or a failure to appear has been ordered against you, please contact your South Florida attorney. We can help you, call us today at 561-717-3000. Consultation is FREE!

Florida criminal courts, like most states, recognize the inability to understand the nature of what is going on, and actively participate in your defense, as incompetency: incompetency stops the criminal trial process. If you’ve been charged with a criminal act in Florida, Fort Lauderdale, West Palm Beach, or Miami, and incompetency is an issue, it can be raised under the Florida rules of criminal procedure. The rule states that at any critical stage of a criminal proceeding, the issue of competency, if raised and established, stops the criminal prosecution of the case. Incompetency to proceed is raised by your criminal defense the following way: A motion to determine competency is filed with the court in which the attorney has to certify, after due diligence and a good faith belief, that the criminal defendant is incompetent proceed. In a criminal case in Florida one is incompetent to proceed if you don’t understand the charges, or the allegations, don’t appreciate or understand the range of possible penalties, you don’t understand the adversary nature of a criminal trial, and cannot manifest appropriate courtroom behavior. The procedure requires a court to appoint three psychologists to conduct a mental health competency examination. If two of the three concur that competency is an issue; then the judge, most likely, will follow their findings and the case stops. If the issue is one of a mental illness then it allows the state two years to restore competency. All other competency questions require a residential in-custody therapy program be imposed and the state has five years to restore competency or the case can resolve with a dismissal. For more information about the difference between insanity and competency, speak with your South Florida criminal defense attorney.

Florida has an extensive set of statutes requiring convicted felons to register. In the past these statutes were rarely, if ever and enforced, in Miami, South Florida, Broward Fort Lauderdale and the West Palm Beach area. Things have changed! Within the last six months there’s been an exponential increase in the arrests for people who violate the registration of felons statutes. Florida statute 943.0435 requires sexual offenders to register. Those persons convicted of sexually motivated or sexually related offenses have come under increased supervision and control by the Florida Department of Corrections. The prosecutors in South Florida, called the State Attorney for Dade County, and the prosecutor for Broward County(Fort Lauderdale) have increased the arrests for failure to register. The current statute makes it a felony for a person, convicted of a felony, to fail to register with the local law enforcement, or Sheriff, in the county in which they reside. If you have a felony conviction in Florida, whether from Fort Lauderdale, Miami, or West Palm Beach, you should consult with a South Florida criminal defense attorney regarding the requirements for registration. The most likely way people get caught up into the registration violation traps is at traffic stops. Be certain that your drivers’ license address is correct, and reflects the county in which you are registered. If you have a withheld adjudication, then you are not under Florida law considered a convicted felon. If you have a withheld adjudication, the felony registration requirements do not apply to you. If you contact a South Florida criminal defense attorney, in Fort Lauderdale, or Miami, he or she, can tell you from the court records the correct disposition of your final disposition. Do not rely on websites to determine if you have a felony conviction. The only place to check is with the felony court clerk in which your case was filed and resolved.

The fraudulent use of credit cards and debit cards has prompted the creation of special prosecutorial task forces. The state attorney’s office in Fort Lauderdale which prosecutes in Fort Lauderdale, Broward County has a special unit just for credit card and identity theft. The state attorney’s office for Palm Beach County also has a special unit for identity theft cases. In recent years the federal government has provided significant funds which local law enforcement uses to focus on credit card and identity theft matters. The US attorney’s office in South Florida, which brings federal criminal indictments in Miami, Fort Lauderdale, and Palm Beach, also has increased resources for credit card and identity theft cases. Federal prosecutions are usually brought under the wire fraud statutes. For cases filed under as a credit card faud prosecutor’s file under statute 817 and 812. If you are arrested in Fort Lauderdale under the theft statute the minimum felony exposure is five years. Five years because 15 years if it’s more than $20,000 in total loss, it becomes a first-degree felony for over $100,000 in losses. If you’re prosecuted in Fort Lauderdale or Miami for first-degree felony the maximum prison sentence is 30 years. Because the victim is usually a bank or credit card clearinghouse the individual name which is being used is not an integral part of the prosecutor’s case. Identity theft prosecutions arise not only for credit card and debit card matters but also from ATM machines.

Extradition concerns laws and treaties used to transfer criminal suspects from one sovereign nation to another for prosecution. This is not to be confused with removal proceedings by the Homeland Security Department whereby people are deported from United States because of a criminal history. Extradition is also a concern when a person is wanted by another state for prosecution. By way of example, someone who was charged in Fort Lauderdale, Broward County, South Florida with a drug trafficking or drug possession charge may be found in another state. When an individual is arrested in another state and being held for transport to Florida this process is called intrastate extradition. United States Constitution and the full faith and credit clause as well as agreements between states, called intrastate compacts, come into play in this situation. A criminal suspect can also be transferred from one county to another. When Palm Beach issues a warrant for the arrest of someone charged with murder or probation violation that individual may be found and held in Fort Lauderdale. At that point it is a matter for the Sheriff to arrange for the transfer of that individual from one county to another.