Articles Posted in Florida Criminal Defense

Possession of a cellular phone in a Florida prison is a felony punishable by five years in prison.

Cellphones have been tossed over prison walls, smuggled in by guards, and sold for commissary rights. In fact in Texas prisons heroine sells for $50.00 and a cellphone for $200.00.

Citing Florida’s increase in cellphones being smuggled, corrections spokeswoman Ellyn Rackleff has been quoted as saying cellphones can be deadlier than weapons.

“We are constantly after the cell phones,” she said. “It really undermines the security for everyone there and for the public outside

In one word: everything.

An interview is a fact gathering contact. An interrogation is what the police do when you are a suspect and the purpose is to get an incriminating statement that can be used to convict you.

If you are talking to the police ask: is this an inteview or an interrogation?

Every first year police cadet knows the difference. If the officer doesn’t give you a clear answer STOP and ask for a lawyer.

The police know how to end run around your Miranda rights, it is done by setting you up for a “voluntary” statement, which is not the product of a police interrogation.

Your Miranda rights only apply when you are under arrest.

A “stop” and a “detention” come before an arrest. Remember; your Miranda rights only apply when you are in police custody under arrest. Confusing? You bet it is.

The best thing to do is ask for a lawyer whenever you are being asked questions by the police. Don’t try to charm a police officer out of an arrest, it cannot be done..

Ask a Florida criminal defense attorney for an explanation, go to CAN THE POLICE LIE TO ME? for more information.

In a criminal case that started in Miami, Florida, the Florida Supreme Court ruled that a sex offender may view pornography that doesn’t relate to the “deviant behavior pattern” of their sex crime.

The Florida criminal statute regulating sex offender probation bans possession of materials that “are relevant to the offender’s deviant behavior”.

The Court found the legislature was not banning all pornography for sex offenders.

The South Florida case arose from a Miami man on probation for lewd and lascivious battery. The Miami sex offender violated his Florida probation by possessing pornography.

Originally sentenced to two years of community control followed by eight years of sex offender probation, the violation of probation occurred during the probation portion of the sentence.

For more information on sex offenses and the Florida courts, contact attorney Ralph Behr in Fort Lauderdale, Florida.

Cocaine possession in Florida is charged three ways:

1. Personal use amounts are usually filed as possession cases: a maximum of five years in Florida prison. Drug rehabilitation is offered to first time arrestees with no prior felony convictions.

2. Sale or Delivery of Cocaine carries a 15 year sentence. Proof of a sale, or attempt to sell any amount usually less than 20 grams.

3. Trafficking in Cocaine is charged when over 20 grams is sold, or offered for sale.

Giving cocaine is considered a sale, even if no money is contemplated. Giving a controlled substance (prescription pills) is charged as a delivery or trafficking felony in Florida.

The North Carolina legislature voted to pay $50,000.00 for every year exonerated defendants spend in prison.

Currently the going rate is $20,000.00 per year. At the urging of Senator Elie Kinnaird of North Carolina the legislature is increasing it to $50,000.00.

Shakespeare wrote Hell hath no fury as a woman scorned.

He never lived in Texas, or Florida for that matter.

Texas has executed 405 convicted murderers since 1976. Florida ranked number five in the US with a total of 64 executions. Utah ranked 20 with six.

Texas also boasts 34 DNA-based exonerations.

Do the math and you’ll find the Texas execution rate has a higher probability of error than a Quija board.

The message is…

Add your voice to those who insist courts and judges in Florida do a better job. That means treating the judicial process like any consumer product: improve it. Insist on better quality trials to reduce the error kill rate.

Florida felony court circuit judges in Broward County, sitting in Fort Lauderdale, preside over more murder trials than are held in most states. Fort Lauderdale has a great number of “Death Qualified” capital homicide attorneys.

Criminal lawyers in Fort Lauderdale and Miami can tell you that prosecutors act too much like cartoonish government workers: get through the work, no accountability no tolerance for criticism, just finaility..that’s good enough. It isn’t.

Fort Lauderdale criminal attorney Ralph Behr is one of the several criminal attorneys who are licensed by the Florida Supreme Court as “Death Qualified” for capital homicide trials.

DOMESTIC VIOLENCE IN FLORIDA: MICKEY MOUSE TELLS MINI NO GUNS AT WORK

Is Mickey Mouse afraid of Mini Mouse?

Is there a mouse in the house with a gun?

Disney, citing its Federal fireworks permit, is trying to keep guns out of the hands of the mouseketeers. The NRA says this means war!

Florida’s newly minted “take your guns to work” law has Disney in a twit. Citing their Federal fireworks permits Disney is trying to undo the handiwork of guns at work Florida style.

After firing and then re-hiring a gun-toting security guard it’s anyone’s guess what comes next. Will Florida’s hired guns at the AG’s office take aim at Disney in court. Or will Disney go to federal court to enjoin Florida’s new gun law. Only a mouse would guess.

Only Walt knows. Stay tuned and pass the cheese dip.

The following information is provided as a public service.

It concerns the registration requirements of those convicted in Florida criminal courts of sex offenses.

There are two designations in Florida: sexual offenders and sexual predators.

A sexual predator or sexual offender subject to required registration.All offenders must report in person to the Sheriff’s Office in the county in which he/she resides.

Additionally, ReRegistration requirements apply to both sexual predators and sexual offenders who have been released from sanctions for their qualifying sex offense, as well as those currently under some form of supervision with the Department of Corrections, Department of Juvenile Justice, or those under federal supervision.

A sexual predator or juvenile sexual offender adjudicated must report in person to the Sheriff’s Office in the county in which he/she resides or is otherwise located to ReRegister FOUR times per year- once during the month of his/her birth month and every 3rd month thereafter.

A sexual offender that has not been adjudicated delinquent, must report to the Sheriff’s Office in the county in which he or she resides.

A sexual offender who has been convicted of a crime or crimes in the statute sections listed below must report in person to the Sheriff’s Office in the county in which he/she resides or is otherwise located to ReRegister FOUR times per year- once during the month of his/her birth month and every 3rd month thereafter:

Section 787.01, where the victim is a minor and the offender is not the victim’s parent or guardian
Section 787.02, where the victim is a minor and the offender is not the victim’s parent or guardian
Section 794.011, excluding s. 794.011(10)
Section 800.04(4)(b), where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion.
Section 800.04(5)(b)
Section 800.04(5)(c)1., where the court finds molestation involving unclothed genitals or genital area
Section 800.04(5)c.2., where the court finds molestation involving unclothed genitals or genital area
Section 800.04(5)(d), where the court finds the use of force or coercion and unclothes genitals or genital area.
Any attempt or conspiracy to commit such offense.

A violation of a similar law in another jurisdiction.

A sexual offender subject to registration who has not been adjudicated delinquent and who has not been convicted of one of the crimes listed above must report to the Sheriff’s Office in the county in which he/she resides or is otherwise located to ReRegister TWO times per year- once during the month of his/her birth month and every 6th month thereafter.

In Florida convicted felons cannot vote. Governor Crist has advocated returning civil rights to convicted felons after they have served their time.

Southern states such as Florida have a history of racially based obstructions for minority voters: tactics such as poll taxes, literacy laws, and political gerrymandering.

There are currently over one million African-Americans incarcerated, on parole or probation. Almost all of them are disenfranchised. They cannot vote.

Florida may have to reconsider the voting ban. The argument goes as follows: If the Supreme Court has ruled that the constitutional right to own guns cannot be outlawed by a legislature, then the right to vote should have similar constitutional protections.

If you have been arrested and charged with a felony in Florida contact your local criminal attorney. Know you rights and advocate for a change in the law.

Most criminal defense attorneys in Fort Lauderdale can and will help you to know the law and your rights. Call now, get active!

On June 1, 2008 The Justice Department released its newest version of what are the Federal Sex Offender Registration standards. It is called the Sexual Offender Notification ACT (SORNA)

These new the guidelines are for the Adam Walsh Act’s sex offender registration and notification provisions of Florida and other states.

Sex Offenses in Florida include both violent sexual offenses such as rape (sexual battery) sexual assault, lewd assault and most crimes contained in F.S. chapter 800. A copy of the guidelines is avaialble from the feds.

Non violent sex offenses such as lewd adn lascivious behavior (FS 798.02) Exposure of sexual organs (FS 800.03) are all listed and defined in Chapter 800. Florida statute 794 covers: sexual battery, sexual felony offenders, unlawful sexual activity with minors and other sex crimes: see the statue for more listed sex crimes.

The amended act, known as the Adam Walsh Child Protection and Safety Act of 2006, is part of the Sex Offender Registration and Notification Act (SORNA).

The Department of Justice released the guidelines and cites the Offender Sentencing,Monitoring, Apprehending, Registering and Tracking (SMART) act for more information.

You can contact criminal defense attorney Ralph Behr, in Fort Lauderdale, for more information.