Articles Posted in Florida Criminal Defense

James Ray Booth, 59, once a convict serving a life sentence, now serves a 10 year sentence. He was charged in 2006 with first-degree murder yet acquitted of aggravated battery and armed burglary recently this year in a new trial. The jury found nevertheless guilty of third-degree murder and aggravated assault with a firearm, two charges that were of lesser severity than former charges.

The lengthy legal procedings in court with Prosecutor Pete Magrino and the suspect’s attorney, Patricia Jenkins, argued over legal semantics. The final verdict was two consecutive life sentences and 20 years in prison for possession of a firearm by a convicted felon.

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Some predict Barack Obama, the President-Elect, to become one of the most stringent opposers of anti-gun control legislation. Record numbers of concerned citizens have gone in droves to gun stores across the state to purchase firearms they would otherwise have never bought.

Florida Law states that one must maintain a Concealed Weapons License if carrying a weapon on your person, yet no license is required for ownership in one’s place of residence or business.

With the boom in firearm sales and similar products thought to made illegal by Obama’s upcoming administration, please be careful and safe in the storage, handling, and usage of said firearms.

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The winter holiday season is one of good times and cheer. But drinking does not mix in with driving your car back home from that pub where you melted away your woes from the work day.

Troopers say winter is the most dangerous time of the year because more drivers hit the road after one, two, or even more drinks after holiday parties. This added together with more motorists traveling at all hours for gatherings, and the combo all too often leads to tragedy.

If you find yourself unable to drive home, call 800-AAA-HELP for a free tow and ride courtesy of AAA.

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MORE MORTGAGE FRAUD CONVICTIONS IN SOUTH FLORIDA

The United States Attorney for South Florida announced mortgage fraud convictions of Vincent Artuso and John Artuso. Both were sentenced to 108 months of prison.

Restitution of $5,814,000.00 was ordered. Both were convicted of mortgage fraud and RICO as well as money laundering.

Many real estate professionals and mortgage brokers have been drawn into an ever widening prosecution by the Statewide Prosecutor of Florida and the United States Attorney for Southern Florida.

If you have been arrested, charged, or are the subject of an active investigation you need a south Florida criminal attorney who specializes in Federal and State criminal charges. Mortgage fraud defenses are a specialty of attorney Ralph Behr, with offices in Fort Lauderdale. Attorney Behr represents many accused of crimes in Fort Lauderdale, Palm Beach, Miami and all of South Florida. Call for a free consultation.

FLORIDA DUI LAWS
The DUI punishments in Florida have been increased. Starting October 2008 fines are doubled for first DUI convictions to $500. A maximum of $1000 fine can be imposed on a first DUI conviction in Fort Lauderdale, South Florida, Broward, Miami and West Palm Beach.
In Florida a breath-alcohol reading of .15 now doubles or enhances punishments for DUI convictions.

If you have been arrested in South Florida on a DUI charge it is now more important than ever that you seek a good South Florida, Fort Lauderdale, criminal attorney. You can defend yourself when you know the law. Seek and obtain a Fort Lauderdale criminal attorney and protect your rights!

In Florida DUI cases a blood alcohol reading from a breath-test device allows the prosecutor to tell the jury that the defendant is presumed intoxicated.

The breath-test machines, usually an Intoxilizer (brand) were upheld again by a Florida court.

The over 200 DUI cases in South Florida, Broward and Dade (Miami) that were stopped until the decision are now back in court.

If you have been arrested for a DUI in Fort Lauderdale, contact attorney Ralph Behr for a free consultation.

The FBI announced that violent crime dipped nationwide in calendar year 2007.

Robbery, murder, armed drug trafficking, manslaughter remain among the most “popular” crimes for prosecutors in Miami, Fort Lauderdale and Palm Beach.

The report states that two years of increases in murders, robberies and other kinds violent crimes in U.S. cities decreased by 0.7% from 2006.

Burglaries and armed home invasions, carjacking car thefts, arsons and property crimes decreased 1.4%.

If you or a family member has been arrested, you need representation. Contact a Fort Lauderdale criminal defense attorney for a free consultation.

SHOULD I POST BAIL FIRST? CALL A LAWYER? CALL A BONSMAN?

Call a lawyer first, why?

First: a local lawyer knows the local bondagents, your lawyer can get a good bond and control the bondsman: use the lawyer as a problem solver.

Second: the lawyer may be able to get a quick bond hearing and reduce the bond amount.

When a good local lawyer and a good local bondsman are in front of a local judge you benefit all around. The judge is confident you are well repersented and may be inclined to lower the bond.

If you or a family member or friend has been arrested in South Florida, Miami, Fort Lauderale or West Palm Beach contact a south Florida criminal defense attorney. Ask about bond. Ask about the judge. Ask about how an arrest and a trial work.
Information is the cure for agitation and aggravation. Let a local professional guide you through the criminal process. Call Attorney Ralph Behr at 1-800-761-3446.

VIOLATION OF PROBATION & VIOLATION OF COMMUNITY CONTROL IN FORT LAUDERDALE

Probation and Community Control are sentences, not pre-trial release; and sentences must be followed.

If you fail to follow any condition of probation, the probation officer will report to his supervisor. If the violation is willful and substantial then a request for a pick up order (warrant) is sent to a judge.

If the judge signs the request it becomes a warrant.

In Broward, Fort Lauderdale, by local order; anyone arrested on a violation of probation warrant waits ten days in the Fort Lauderdale jail before being brought up before a judge.

The first apperance is a first violation of probation hearing. At that hearing one admits or denies the allegations. If admitted the judge can do one of three things:
1. Return you to probation
2. Modify or add new conditions or increase the length of the probation or community control or
3. Send the violator to prison for any term of years within the sentencing or punishment code guidelines.
If you have a concern call a south Florida criminal defense attorney. Not all violations result in prison, some can be modified, some call be dismissed.

FLORIDA LAW ON BURGLARIES

If you’ve been arrested in South Florida, Fort Lauderdale, Miami, West Palm Beach and charged with burglary make sure your criminal defense attorney checks the most recent changes to the burglary statute.

The law in Florida, of which Fort Lauderdale is a part, is a burglary means entering a dwelling or structure or conveyance with the intent to commit an offense therein.

Burglary cannot be charged unless the state can prove the intent to commit a crime at the time of the trespass. If the intent to commit a new crime comes after the entry it’s not a burglary: it’s a trespass and a theft.

Some Fort Lauderdale criminal defense attorneys omit this point in their thinking. If you want a clear thinking South Florida criminal defense attorney call Ralph Behr at 561-717-3000.