Articles Posted in Florida Criminal Defense

Davie has recently finalized a new law that will put in place restrictions of landlords in renting to sex offenders or sex predators. Those in violation of the newly authorized law can be jailed or fined, according to the Town Council. Florida Law states that a 2500 foot buffer must be in place between where a sex offender can live and everywhere children congregate, such as school bus stops, parks and playgrounds.

The new Davie law will force landlords to be subject to fines up to $500 and/or 60 days in jail on first violation. Multiple violations step up to $1000 and/or a year in jail. All sex offenders regardless of date of conviction are subject to the new law and will be dealt accordingly by law enforcement.

Sex crimes are one of the most saught after and heavily prosecuted by many state departments. An experienced lawyer is required and one with the utmost knowledge of case law and state court systems is even more heavily needed in such a situation.

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Many people who call in to the Law offices on the phone and clients of Mr. Behr’s ask the legality regarding breathalyzer and other such tests when in a traffic stop. The short answer is YES. You have to submit to the officer. Basically, not doing so will not deter your arrest; it will probably only aggravate it because then they will take you down to the station for a urine or painful blood test. Do not do this to yourself. You shouldn’t drink and drive in the first place, but if you do get pulled over, submit to the breath test or else lose your license automatically AND then get arrested and charged with DUI still.

Laws of Implied Consent are present in Florida, which means if you are driving on Florida roads, in or out-of-state license or no license at all, you have to give police all requested evidence of sobriety. Yes, you can refuse to blow, but automatically lose your license and a whole bunch of other hassle in retaining it back. Even if you do not prove intoxication on the breath test, prosecutors will attack other aspects of the case and break your credibility.

First Time Offenders for DUI/DWI:

* Must pay a minimum fine of $250
* Can serve up to six months in prison
* Suspension of driver’s license for a minimum of six months
* At least 50 hours of community service
* Ten day impoundment of vehicle
* Up to one year probation
* A permanent misdemeanor conviction
* Increase of auto insurance by up to three times

A good lawyer can analyze your case, see to it that proper procedure was indeed conducted, and if not, can attack that and get your case thrown out. Just because someone has a J.D. doesnt mean they are the lawyer you want to hire. You want someone that’s handled many of these types of cases, knows the court system in which you are arrested, and can thus maneauver through proceedings accordingly.

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An overlooked quality that one should seek out in a criminal defense attorney is the rigorous qualification of being Board Certified. Certification is the highest level of evaluation conducted by The Florida Bar pertaining to the experience and competency of an attorney in areas of law that are recognized for certification by the Supreme Court of Florida. During certification the bar examines the attorney’s skill, special knowledge, and proficiency in their area of law, as well as other areas of law, including the ethics and professionalism in practice.

There are only 23 Board Certified Criminal Trial lawyers in Broward County, all of varying ages, backgrounds, and knowledge bases. Choosing the one right for you is pivotal if you wish to win any court case you engage in. You want one with insight, thoroughness, aggressiveness, and experience.

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STRAIGHT OUT OF LAS VEGAS!!

Ryan Michael Cataneo, 40, was taken into custody without incident by U.S. Marshals this month at the Wild Wild West casino-hotel several blocks off the Las Vegas Strip. He was a fugitive in the murder of his wife in Florida.

Assistant Chief Deputy Marshal Javier Jimenez says Cataneo was wanted on a warrant issued in Pinellas County of Florida in the November murder of Deana Cataneo, 39. He was pending an extradition hearing in the state court system out of Clark County.

It was not immediately known if Cataneo had a lawyer.

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Criminals who recklessly endanger your safety have been and will most likely always be out in our society. Many citizens speculate that the threat will only increase in these upcoming times of financial hardship and rising stress. There will be massive budget cuts in education, juvenile justice, drug programs, prosecutor’s offices and courts. In turn, robberies, drug dealing, and various violent crimes might escalate and will impact you and your family. Should you protect yourself from the physical harm of another individual acting illegally, you should have a lawyer to protect your self-defense interests.

Out of Orlando, reports have it that an average of 14 shots fired calls are sent in daily to local police departments. Police are out manned and outgunned to simply go after every call and perpetrator in a timely and effective manner. Citizens have been taking their mortal safety into their own hands by carry of concealed weapons or placing them in their vehicles should they ever need them.

Last month the Orlando Sentinel had a story detailing how the state’s “10-20-Life” sentencing provisions are nothing more than a farcical slogan. In a four-year period, only 5 percent of the 7,437 gun suspects arrested in Orange on gun charges received a mandatory sentence.

If you are in a self-defense situation, do not answer the many questions that police will use to incriminate you or build a false case against you. Just say you want to speak with your lawyer. Mr. Behr can be your lawyer in your time of need.

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Jamie M. Stringfield, 22, faces felony charges of grand theft auto out of Collier County. Officers say she stole a doctor’s car from a North Naples hospital parking garage while he was tending to a sick child. The keys were left on the counter and she simply took them.

Deputies arrested Stringfield after video surveillance footage showed her entering and stealing the Infinity, which was parked in the hospital parking garage, reports said. One of Stringfield’s family members told deputies that Stringfield had accompanied her to the hospital Tuesday, reports said.

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If you’re under probation for any conviction, you are under contract with the State to maintain certain restrictions and activities. There are different types of probation you may be under.

Administrative probation means:

a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to nonreporting status until expiration of the term of supervision.

Administrative probation is only one type of probation out there. You may be under community control, drug offender probation, or sex offender probation. All are serious matters and must be dealt with accordingly. It’s your life and if you want to keep it on track, you are advised to follow orders as specified in your specific case.

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Have you ever been in a situation where self-defense was warranted? Harmful force to yourself may be met with equal force in defense, in most scenarios involving civilian to civilian confrontation. Self-defense is a defense commonly asserted by someone charged with a crime of violence, such as battery (striking someone), assault with a deadly weapon, or murder. The defendant admits that she did in fact commit the crime, but claims that it was justified by the other person’s threatening actions.

This means that you do not have to wait until you are struck the first blow in order to strike your own, in most cases. You must be VERY SURE that if you deliver force it will prevent the unavoidable injury of the aggressor’s deliberate and violent actions to your self.

In the State of Florida, if you are struck with a garden hose, you cannot use a firearm in self-defense. Yet if you are imminently about to be attacked with a knife or firearm by an aggressor or aggressors, you may use deadly force to prevent injury or death to your body.

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FORT LAUDERDALE, FLA

Residents of a quiet community in the area were disturbed by graffiti found on the white wall separating Shady Banks from Davie Road and I-95. ”It’s a big surprise,” said Paul DaCosta, 56, who has lived on the street for the past 36 years. “What was written is really offensive.”

Swastikas and various slurs against police were found painted in bright orange. Phrases like “No police state” and “Cops kill” were found scattered on the wall in this small dead-end road. ”I can’t imagine it being a real hate crime,” said Blake Plyler, 25, who moved into the neighborhood last May. Plyler did find the messages “troubling” but hasn’t seen gang activity in the area since he moved in.

Neighbors in the community said they have never seen something like this before and equated it to a threat on the homeowners. ”That’s what got everybody up in arms,” said Flak, 42, who called police after seeing the orange scribbling when retrieving something from his car.

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If you have a federal or Florida State conviction for a felony and reside in the State of Florida, you CANNOT own or possess a firearm as designated per 2008->Ch0790->Section%2023#0790.23″ target=”_blank”>F.S. 790.23. A firearm is 2008->Ch0790->Section%20001#0790.001″ target=”_blank”>defined:

…any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

If you have been wrongfully arrested and accused in South Florida, Miami, Fort Lauderdale, or any city in Broward County, of displaying, discharging, or owning a firearm under any of the aforementioned conditions or other related ones, Attorney Behr is ready to answer any questions you may have. With over 30 years experience, Attorney Behr has acquired the fortitude and confidence to handle all gun related charges you may be charged with.

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