Articles Posted in Florida Criminal Defense

WHAT HAPPENS AFTER A VIOLATION OF PROBATION WARRANT IS FILED?

If you are under a sentence of probation or community control beware. Fewer than one in three succeed without a violation.

The most common violation of probation is a failure to check-in, after that comes moving without notice, and then “dirty urine” if you are on drug offender probation.

Failure to pay costs of supervison are more common, but most of the Judges in Fort Lauderdale will not sign a violation of probation warrant unless the failure to pay is willful: that means you have the money but refuse to pay.

Rule One: Call a lawyer. Contact a Fort Lauderdale criminal defense lawyer BEFORE, not after. Your South Florida criminal defense lawyer can get you a hearing before your judge and avoid the probation violation by obtaining a modification of probation terms.

Prevention is the best way to avoid a violation of probation warrant. Call a south Florida or Fort Lauderdale criminal defense lawyer and get a consultation. Call Ralph Behr at 561-717-3000 for a no-fee consultation 24/7. Out of State: call 1-800-761-3446. Call Now, the call is free, the peace of mind is priceless.

IF I’M ARRESTED IN FORT LAUDERDALE DO I HAVE TO TALK TO THE POLICE?

No. A police officer can stop you can talk to you but you don’t have to respond. If you believe you are the focus of a criminal investigation, or a person of interest, ask for a lawyer.

The only person who can force you to answer any questions is a judge. Police can ask, you don’t have to answer,

CORPUS DELICTI: IT’S NOT DEAD IN FLORIDA

If you been arrested in Fort Lauderdale and made a confession, it’s not enough for a conviction.

The corpus delicti rule means the state must have actual evidence in addition to a confession before judge will allow a jury to deliberate.

Fort Lauderdale criminal defense attorney Ralph Behr recently litigated that very point before a Fort Lauderdale criminal judge, and won.

If someone is arrested, and then makes a confession, that’s not enough to seek a conviction and sentence. Consult with your South Florida criminal defense attorney in Fort Lauderdale or Miami to get clear on this. Or call Fort Lauderdale criminal defense attorney Ralph Behr.

FORT LAUDERDALE NARCOTICS OFFICER CAUSES DEATH OF CANINE OFFICER

Fort Lauderdale Florida news broadcasters are howling for justice.

A narcotics undercover officer from Coral Springs left his canine police officer dog partner in a hot car and the dog died.

It’s now a hot topic: do we arrest and convict the human cop who is responsible for the death of a canine cop?

Do the authorities let him cop a plea?

Should he be sent to prison for canine murder? Is this a homicide? A dogicide? Is it the same as causing of death of a human police officer? Will it be swept under the proverbial rug?

Stay tuned. Your Fort Lauderdale criminal defense attorney Ralph Behr is watching this case closely.

If you are reader, look up Florida statute 849.19, it makes it a third-degree felony to injure or cause the death of a canine police officer through negligence or criminal intent.

MARIJUANA GROW HOUSES IN FORT LAUDERDALE

Effective August 2008 Florida has enhanced the penalties for marijuana production.

Possession of marijuana in smaller amounts remains a misdemeanor. However for those who grow marijuana plants the previous threshold of 300 plants for a first-degree felony, has been lowered.

Manufacture of marijuana, a big business in Fort Lauderdale, Miami and Palm Beach, may soon be out of business. As Florida enhances penalties for growing plants arrests may soon peak.

The Statewide task force investigating the crime of growing marijuana commercially have increasingly focused on eradicating grow houses in the Fort Lauderdale Miami area. The new law is expected to increase the importation of marijuana from out-of-state.

ARRESTED IN FORT LAUDERDALE? WHAT IT MEANS TO BE A PRINCIPAL

In any criminal courtroom in South Florida, Fort Lauderdale or Miami or West Palm Beach, those charged with possession of cocaine or possession of any controlled substance are convicted for things they didn’t do? How can that be?

The principle rule, derived from Florida criminal statute 777.0 11 says if a criminal defendant helped another person to commit a crime, the defendant is a principal and will be treated as if he had done all the things the other person did. The only thing they prosecutor needs to establish is that you did some act or word which was intended to encourage or assist the other person with the intent for them to act criminally.

If you have been charged with a crime in Fort Lauderdale, or Miami, or If you’ve been arrested and charged with possession of a controlled substance, for example possession of cocaine, you should and must understand the so-called criminal principal rule. In simple terms: in for a penny, in for a pound.

FLORIDA SEX OFFENDER GETS LIFE SENTENCE

Although not a South Florida criminal case, Fort Lauderdale criminal attorneys have taken note of a sex offender sentenced to life by a Tampa court.

Although there was no physical evidence to link the defendant to the killing and the judge suppressed a tainted tape recorded confession, the jury found defendant Onstott guilty of killing the daughter of a former romantic partner.

Fort Lauderdale, Florida, Miami and West Palm Beach criminal courts hear more sex offenses than most other jurisdictions. For that reason many Fort Lauderdale criminal lawyers have more experience handling sex offenses than most other jurisdictions

IDENTITY THEFT BASICS: FORT LAUDERDALE IS A HOT LOCATION

Fort Lauderdale and Miami are hot spots for identity fraud. Sadly or not it is a fact of life for those living in Broward County, Miami and Palm Beach.

Taking a victim’s identity to obtain credit is the most common identity fraud committed here in Fort Lauderdale. The thief can capture identity information by attacking your computer or capturing data online.

To protect oneself you can go to the Florida identity theft website. Your credit card company, or bank can help. Fort Lauderdale criminal lawyers serve on various committees to help reduce identity theft. You can speak with a Fort Lauderdale criminal lawyer by calling the Florida Bar, or the Broward Association of Criminal Defense Lawyers in Fort Lauderdale, Florida.

IF I’M ARRESTED: DO THE POLICE HAVE TO READ ME MY RIGHTS?

No. Huh?

Your right to remain silent only applies AFTER an arrest, not before.

If you are arrested in Fort Lauderdale, Miami or West Palm Beach you MUST know the difference between a stop, a detention, police contact, and the ultimate situation: an arrest.

To answer the question more fully know this: The arrest is valid even if no rights are read to you. If the police intend to use any statement of yours (confession) it cannot be used in court unless under the totality of the circumstances the statement is freely and voluntarily given and not the product of coercion or force.

For a fuller understanding of an arrest, and a stop, and your Miranda rights speak to a South Florida criminal defense lawyer. Contact the Broward Bar Association in Fort Lauderdale, or the Florida Bar for a list of South Florida criminal defense lawyers with offices in Miami, Fort Lauderdale, or Palm Beach.

FORT LAUDERDALE SEEKS PART OF $19MM TO CURTAIL DUI

The US Department of Justice announced it is awarding $19,000,000.00 to States that focus or arresting drunk drivers.

Fort Lauderdale prosecutors are very aggressive in arresting and criminally charging drivers who are stopped for a DUI investigation.

The money will be spent in South Florida to support compliance checks and enforcement of under-age drinking laws.

If you are arrested in South Florida for a DUI contact a local criminal defense lawyer for advice and assistance. Your best defense is knowledge of the law, so get informed now!