Articles Posted in Florida Criminal Defense

Drug trafficking’s most serious offense, and one that can include a possible death sentence in Florida, is Armed drug trafficking. The statute appears as Florida statute 893.135 (for punishments it refers the reader to the Florida sentencing and punishment sections). You can also look for it in the basic parts of F.S. 893 which, although quite long and confusing, is Florida’s drug abuse prevention and control statute. If you want to obtain a basic understanding of drug trafficking criminal offenses in Florida, start with a read of the criminal jury instructions, Section 25. Reading the Jury instructions for drug offenses and crimes in Florida, (such as purchase, sale, and cocaine delivery, and trafficking in cocaine and heroin), is the best place to get a good understanding of what these crimes are in Florida. Once you have read the jury instructions for possession of cocaine, delivery of cocaine or trafficking in cocaine, you can see and understand Florida’s statutory scheme for drug possession and trafficking offenses. Basically, Florida’s criminal laws on possession of drugs and selling of drugs fall into three categories. Simple possession, the drug possession statute that has the least exposure to prison (five years) is for arrests of “personal use” amounts of controlled substances. Drug “users” and “abusers” are charged with possession when they have enough for one dose or “high”….possession of personal-use amounts. Possession charges are for those who are users, but not dealers, sellers, or aren’t in the “business” of buying or selling cocaine, marijuana, oxycodone and other mind altering drugs. Possession of more than enough for one dose, or being caught either giving away drugs or buying or selling a “small” amount is Delivery. Delivery of any controlled substance such as cocaine, heroin, oxycodone, or any “salt” or derivative of the many listed controlled substances in Florida can land you in prison for fifteen years.

The drug offense laws in Florida are for people who use, buy or sell any lesser or greater amounts of controlled substances. Most common drugs offenses are for cocaine, oxycodone, marijuana, and the many manufactured cocaine distillates and heroin substitutes in their many and various synthetic forms.

If you have been convicted of a felony, such as drug trafficking, or possession of cocaine in a Florida criminal court, such as Fort Lauderdale or Miami criminal courts, you should consider an appeal from your criminal conviction. An appeal must be filed quickly, the rules require a notice of appeal be filed within ten days of the imposition of sentence, and the first step is for the criminal defense attorney who conducted the criminal trial to file a notice of issues. During any criminal trial, such as a DUI, homicide, trafficking or murder, there are always issues, questions of law and criminal procedure that come up during the trial. The criminal defense attorney who is your criminal trial lawyer must object and then appeal for you to have an appellate court review the criminal trial. If there were significant errors, either in criminal law or criminal procedure, and they fundamentally affected the outcome of the criminal trial, then an appellate court will grant you an appeal and review the trial transcript. An appeal from a conviction for a criminal offense, such as possession of drugs or violation of probation, often takes many months, sometimes as long as a year. If you have a question about your rights as a criminal defendant in any South Florida criminal court, contact a local criminal defense attorney in Fort Lauderdale, Miami, or Palm Beach and ask for a consultation.

Drunk drivers are a danger on the road, most times they are invading other traffic lanes, taking red lights, or even swerving into oncoming traffic. It is quite obvious in these instances, that the person behind the wheel is not paying attention or is somehow impaired. Although driving under the influence laws usually underline that a person be in “control” or have intent to “operate” a motor vehicle while intoxicated or impaired, police arrest and pursue charges of DUI-DWI, many times without reviewing the actual particular circumstances and elements of the law.

As a criminal lawyer I have occasionally, answered the question, Can I be arrested for sleeping in the car while drunk?, you will see why almost anyone can be charged with driving under the influence, but at times the charges are not clear or do not adhere to the laws against drunk “driving”.

Many police officers find persons sleeping intoxicated behind the wheel of parked cars some people, do not even have the keys to the vehicle. Other persons may be trying to sleep of a drunken stooper in order to be sober enough to drive off at a later time. Police officers are responsible for the safety of civilians and as such they have a duty to determine if someone is impaired enough, and should not operate a motor vehicle. Police are instructed to perform sobriety tests and use breathalyzer meters to measure a person’s intoxication level.

Therefore, if you sleep in your car after you have been drinking and an officer has to wake you, and performs a blowing test and you fail, because your blood contains more than the legal limit of alcohol, or you stumble trying to do the steps of the sobriety test. You can be charged with DUI, but depending on the situation you may not always meet the standards of the law to prove the charges against you.

IF you have any question or need assistance determining your charges of DUI or DWI call me for a free consultation.

Practicing in sunny Fort Lauderdale, I have received queries concerning whether one can be arrested for “Driving under the Influence”.

The answer is yes, you can be arrested for “sleeping under the influence” in your parked car. Why? well the theory is that you were probably driving at some time earlier and were probably intoxicated at the time, or the other scenario is that you intended to drive in your inebriated condition.

What should you do: If you find yourself driving home from a bar and you realize you have had too much to drink?

You should: Pull over and sleep it off, here are a couple of tips to follow:

a. Ensure the car is properly parked off the road leave your hazards on and the make sure the doors are all secure as to ensure your safety;
b. Remove the keys from the ignition, sometimes it is advised to put the keys on the ground in the back of the car, do not keep the keys on your person as you can be still arrested;

c. DO NOT remain seated or fall asleep in the driver’s seat, always go the back of the car.

Attorneys have advised that with the removal of the keys from the ignition and not keeping it on your person; sitting/sleeping in the back seat of the car will all indicate that you have no intent of driving or operating the vehicle.

We have seen some cases where the driver has done all of the above and was still arrested. Always seek legal counsel if you find yourself incarcerated for “driving/parking under the influence” you should hire experienced South Florida attorney who will build you a strong case in your defense.

Continuing from my previous blog drunk driving in South Florida, this part covers the installation of in car Breathalyzers or Ignition Interlock Devices. Drunk drivers are on the road daily and as the article on the MADD website states that some of these drivers have prior convictions which makes them habitual offenders. Many persons convicted of driving under the influence are sentenced to follow strict conditions of their sentence. Such as, breathalyzers and /or ignition interlock devices.

What is an in car Breathalyzer or Ignition Interlock Device – it’s about the size of a cell phone and it’s installed into the car’s dashboard. How does it work – the driver must breathe into it and if your Breath Alcohol Content (BAC) is over the state required level the car will NOT start, the driver’s breath must be alcohol free for the car to start. Alcohol content level varies from state to state see Florida Statue for more information.

Having this device installed is often a condition of having your driver’s license reinstated as a result of your DUI conviction, and should you be ordered by the court to have this device installed you will be responsible for the fees of renting and installation. I have also read that it is impossible to “outsmart” the interlocking device, as some devices require the driver make a humming sound while he/she blows into the tube; there is also random tests that the driver will have to take once the vehicle is in motion and that was designed to ensure that it was not the sober friend of the driver that took the initial test allowing the car to start. Should the driver not take the retest the cars lights will flash and the horn will go off until the driver performs the test. Also, should you try to tamper with device it will automatically lock the ignition and it will be recorded in the device’s database, then it will be downloaded by the supplier and turned over to the court. This device is already being used in some states.

As an Attorney practicing in Sunrise, Plantation, Weston, Hollywood and Davie every year we come across cases where someone is accused of driving under the influence. Should you or a loved one be charged or accused of driving under the influence, contact your criminal law attorney to know your rights.

When you say Fort Lauderdale, South Beach or The Florida Keys, you think sun-sea-sand and obviously partying all night until the next morning. As an Attorney practicing in South Florida I come across numerous cases where clients are being accused of driving under the influence. Driving under the influence as we all know can cause serious harm to yourself and anyone else on the road.

I recently visited MADD’s website while, I was researching Drunk Driving for my blogs and found lots of information pertaining to the new campaign, which I will be covering in my upcoming blogs. Statistics don’t lie and Florida in 2009 had 2,558 road fatalities due to drunk drivers we were rated 3 in the United States with California at the top with 3,081. As stated on their website, they are using visibility on the roads by local law enforcement to catch drunk drivers and with this high visibility it will also discourage from getting behind the wheel drunk; another step that they are taking is using Ignition Interlocking Devices or breathalyzers installed the car which I will cover in my following blog, and lastly using today’s technology by using the car industry to assist in protecting the driver by failing to operate if the driver if found to be impaired.

Even if people see commercials and hear ads for drinking responsibly, many people do not know when to call it quits or when they are not well enough to drive. Everyone should practice safe driving and for your safety and the safety of others, do not drive drunk.

Should you be charged with driving under the influence contact a South Florida criminal attorney to seek legal counsel so that your rights are protected and defended! Contact me know for a free consultation.

“Virtual Searches” are not searches under current search and seizure law: South Florida criminal judges are entering a brave new world. What becomes of someone arrested in Fort Lauderdale for possession of cocaine when the search that leads to evidence is not physical but “virtual”? When an officer enters a house, or a car, or pats someone down is it in the physical world, or the “virtual world”? When is a device that increases the scope of a search a search? When a south Florida police agent uses an enhancement device to see through walls or hear conversations that cannot be overheard without amplification…when is that is a search. The Fourth amendment prohibits unreasonable searches and seizures, but what is unreasonable? In a forthcoming study on this issue the Brookings Institute will explore what we are already seeing in South Florida criminal courts. When you pass through an airport body scan is that reasonable? When you consent to a body scan is there a limited permissive search for weapons, what if they find cocaine? If you have been arrested by a police agency in Fort Lauderdale, Pompano, West Palm or Miami seek out advice from a seasoned South Florida criminal defense attorney. Ask about the search that uncovered the contraband. The constitution is alive in our courts and you are all part of the question…when is a search reasonable? When can evidence of a crime committed in South Florida subject to a suppression motion? Ask and know.

Violations of probation and violations of community control result in a violation of probation warrant being issued by the circuit or county court judge who handled your case. In Fort Lauderdale, Broward County, a probation officer who is handling the case will submit a request for a violation of probation warrant to the judge, here in Fort Lauderdale, or in West Palm Beach. The judge will review the warrant request for legal sufficiency: the standard is the violation must rise to be considered both a substantial and willful violation of probation. The most common violation of probation warrants we see here in South Florida are failure to report, leaving Florida without permission, relocating to another state and not transferring probation supervision, and failure to pay full restitution or cost of supervision. Once the violation of probation warrant is issued it is available to law enforcement throughout the United States. Most often probation violations arising from Pompano Beach, Davie, Fort Lauderdale and other arrests in Broward County result in the person being detained and held for extradition. If you were placed in probation or community control in Fort Lauderdale or West Palm Beach and may be in violation the first thing to do is contact a South Florida criminal defense lawyer and have them contact the probation officer and inquire as to the existence of a violation of probation warrant. My office gets 5 to 8 calls per week and I am very pleased to help you sort out your situation and discuss your legal options. The call is a ‘free consultation’ and I, and most South Florida criminal defense lawyers, are willing to assist you in finding out about your current status. Call and start the process of dealing with an open probation or community control warrant.

Hamlet: “My words fly up my thoughts remain below, thoughts without words never to heaven go”. Too subtle for the 4th DCA? In a long awaited response to judges who find all cops credible and all defendants not, the 4th missed its chance to send a clear message to Judges in Fort Lauderdale, Palm Beach and the 4th District. The court of appeals pulled a case from the trenches and said that a judge must not “be a rubber stamp” for law enforcement, but little more. File this case under “too subtle for me” because I, and most other criminal defense lawyers in South Florida, can’t see why the 4th DCA came so close to saying something then backed off. How about a do-over?

Florida criminal law creates a separate category of crimes under the general category of Domestic Violence. Battery, which means an unlawful touching, and assault, which means putting another in fear of an unlawful touching, are the element crimes in Florida under Domestic Violence criminal laws. A battery is a misdemeanor if there is a touching but no serious bodily harm. A Battery becomes a felony battery when there is serious bodily harm or permanent disfigurement. The definition of felony battery has both statutory and case law definitions as the nature and extent of injuries inflicted by a battery vary from situation to situation. There are hundreds of cases concerning when a misdemeanor battery becomes a felony battery and they all give little finality to a judgment or opinion of your South Florida criminal lawyer. Many of these cases were litigated in Florida criminal courts in Miami, Fort Lauderdale and West Palm Beach. I mention this because most criminal defense lawyers in South Florida handle the majority of these criminal cases and are familiar with the judges and courts in South Florida and how domestic violence cases are filed by the prosecutor and viewed by criminal judges. Ultimately it is a jury decision on when an injury rises to serious bodily injury or permanent disfigurement. As a rule if there are broken bones, lacerations or scaring then a misdemeanor battery becomes a felony. The distinction between a battery and a domestic battery is the relationship between the alleged perpetrator and the “victim”. The Domestic Violence statute defines a domestic relationship as any of the following: a family member up to the third consanguinity (nephews, uncles, aunts, nieces and one level beyond), any persons living together or who have lived in a common living situation any time in the six months before the event (a roommate of six months ago is a domestic battery situation), dating persons, children, parents and those related by birth. The “living together” requirement is not required, only a social, dating, family or shared living conditions person requirement takes a common battery or common assault into the Domestic Violence statute. Bond is often not available in Domestic Violence cases and the statute contains a significant number of restrictions on those out on bond and those serving probation sentences.