Articles Posted in Florida Criminal Defense

DOMESTIC VIOLENCE COURT IN FORT LAUDERDALE, FLORIDA

Fort Lauderdale is the county seat, so you will find the Circuit Court in downtown Fort Lauderdale. There are two courtrooms which handle only domestic violence crimes: a misdemeanor courtroom with Judge Gonzales, and a felony courtroom presided over by Judge Cohen.

If you are arrested in Fort Lauderdale for any battery crime on a domestic partner, spouse, or roommate you will most likely find yourself in one of those two courtrooms.

Bail (bond) is the first issue. Bail is posting money to assure you will appear at all court-set hearings. The Domestic Violence courts in Fort Lauderdale usually require a high bond, and sometimes will not allow bond at all.

Speak with a Miami or Fort Lauderdale criminal defense lawyer for more information on how domestic violence matters are handled in Fort Lauderdale, Miami, West Palm Beach and South Florida.

Many of those accused of crimes in South Florida are forced to agree to excessive amounts of money payments under the restitution element of their sentence.

The Fourth District Court of Appeals, which reviews South Florida criminal cases, clarified the rule. The court found that a Broward judge abused his discretion in ordering a restitution amount with insufficient evidence to support the dollar amount.

If you are on probation in Fort Lauderdale, Broward County, Miami, South Florida: contact your criminal defense attorney concerning the restitution amount of your sentence.

This new case clearly states that defendants who were forced to agree to pay restitution when there is insufficient evidence to support the dollar amount may appeal the restitution amount and have it reversed.

Fort Lauderdale criminal defense attorney Ralph Behr has sent an advisory to his clients on probation. It concerns the recent ruling from the appellate court that covers South Florida: particularly Fort Lauderdale and Broward County.

The ruling clarifies when drug offender probation terms are added to probation for non-drug crimes

The new ruling clearly states: a defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated chapter 893 offense or agreed to such probation in a plea agreement.

If your probation has been violated because you failed to comply with drug offender probation requirements contact your South Florida criminal defense attorney. Ask if the charge was a drug-related charge; ask if the final disposition includes your voluntary agreement to drug offender probation.

Florida DUI penalties were enhanced starting in 2008.

The principal change has been an increase in the fine: from $250 for a first DUI to $500.

If you are arrested and refuse to provide a breath exemplar your first refusal counts towards the newly enacted misdemeanor charge of breath-refusal.

Now it is a misdemeanor to refuse to provide a breath exemplar if you are stopped, and detained, and the officer undertakes a DUI investigation. The misdemeanor charge only arises on your second DUI arrest.

In South Florida, Miami and Fort Lauderdale, many criminal defense attorneys are asked by their clients if they should “blow”, which means provide an air exemplar.

For a complete explanation go to the book Can The Police Lie To Me? Or ask a Fort Lauderdale criminal defense attorney.

US currency (paper money) that circulates in Fort Lauderdale, Florida and south to Miami has the highest traces of cocaine in the world.

Possession of cocaine requires actual possession, knowledge and control. If you hold on too tight to your money you cannot be convicted of possession.

Former President George Bush (the senior) once produced a ten dollar bill that tested positive for cocaine. Of course he was in Miami when it happened.

You cannot get “high” from paper currency in Fort Lauderdale, but you can still spend it at the beach for a beer.

In South Florida a Probation Violation means ten days of jail in Fort Lauderdale before you see a judge. Fort Lauderale is in the 17th Judicial Circuit, it does not include Miami.

A willful and substantial violation of probation generates a probation officer filing a request for a pick-up order: i.e. a warrant.

In Fort Lauderale, Broward County Florida, by local custom every probation violator comes before the judge after a stay in the Fort Lauderdale jail.

The Clerk usually makes you wait ten days before scheduling a first violation of probation hearing. At that first hearing we deny or admit the violation(s).

If you admit then the judge can sentence you immediately.

A denial requies a full hearing. At the hearing the State must prove the violations before the judge can revoke, sentence or return you to probation.

For more information call a South Florida criminal defense lawyer.

No.

If the police have probable cause they can make an arrest without a warrant. Probable cause means a reasonable person would believe a crime has been committed and you did it.

Police must have a warrant to enter a home: with two exceptions: hot pursuit and exigent circumstances.

If the police are in your home just remain calm. A judge can sort things out later, you cannot.

Just remember to remain silent and do not agree to a search. You will learn from a criminal defense lawyer what a totality of the circumstances test means for consent to be free of coercion.

South Florida criminal defense lawyers know how to conduct suppression hearings, you don’t. If you have a concern contact a lawyer and ask. Remember that knowledge is power.

UNDERSTANDING THE PROCESS FROM ARREST TO CRIMINAL CHARGE

Police contact begins with a stop, proceeds to a detention and culminates with an arrest.

When contact is voluntary you are always free to go.

A detention is lawful only if the officer has articulable suspicion that a crime has been committed and you are a person of interest.

An arrest occurs when you are no longer free to go.

Understanding the difference between a stop and an arrest is key to understanding your constitutional rights. Miranda warnings are only required after an arrest. So what to do?

If you are having contact with the police and are concerned that you are a person of interest: ask for an attorney. Police cannot offer you freedom or a pass. Don’t negotiate with a police officer. Only a prosecutor can give you a deal that stands up in court.

For more information go to CAN THE POLICE LIE TO ME?

FIDO IS A FINK!

A dog working for the police validated a drug possession arrest because it happened fast. The four minute rule is under assault.

Drug trafficking and drug possession cases are a top priority for cops in Fort Lauderdale. Searches incident to a traffic stop have always been a major suppression issue. Miami and Fort Lauderdale criminal lawyers are always litigating the time between a lawful stop and a drug dog search. Here’s the latest doggerel…

A dog sniff at the time of a traffic stop which took only a minute was not a violation of the search and seizure rules. See: Barbee, a July 2008 Federal case out of Ohio.

The court determined that the traffic stop was justified by the trooper’s suspicion that Barbee had committed two traffic violations. The drug arrest was validated by the drug sniffing dog’s signal drugs were in the car.

At hearing the cop said he was writing citations when the drug-sniffing dog alerted.

The cop didn’t need any additional suspicion to justify the canine sniff and the arrest was upheld.

Florida has a death penalty process created by statute and court rule.

Florida criminal courts are divided into regions or jurisdictions, but they all follow the same rules. Different districts encompass Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, but they all follow the same process.

When a murder defendant is convicted of capital felony, the court will have a separate sentencing proceeding and have testimony before the jury determine whether the defendant should be sentenced to death or life imprisonment.

Aggivators and mitigators are heard. The jury hears about the character of the defendant and the manner of homicide.

The decision to impose a sentence of death or life imprisonment is made by the judge, not the jury. The judge does take into consideration the jury’s vote.

The court makes the decision after weighing the aggravating and mitigating circumstances.

The Supreme Court must, within 60 days after certification by the sentencing court, review the decision or let it stand.