The U.S. Supreme Court recently struck down the death penalty for sexual battery (rape) of a child. Eighty-five Republican congressmen wrote to the Court to tell them they got it wrong.
The letter said the Supreme Court had inaccurate information and should re-consider the death penalty. The letter noted that the rationale of “evolving standards of decency” ignored the re-instatement of death for child rape in the Uniform Code of Military Justice in 2006.
Florida travel agencies are suing Florida to repeal a law making it more expensive to travel to….Iran?
The Florida legislature took time from its busy schedule of fixing Florida to repair the world.
SB 1310 requires a $1000.00 registry fee and a minimum $100,000.00 security bond of anyone traveling to Iran. The bond is to pay for services to anyone seeking to visit nations that sponsor terrorism.
Governor Crist signed the bill into law on June 23rd.
Florida has the 6th largest Iranian community in the US.
Domestic violence, murder, and Florida criminal law
In a domestic violence case that will have a significant effect in South Florida the US Supreme Court ruled that introduction of the victim’s calls to the police cannot be introduced in a domestic violence criminal trial.
In the case of Giles v. California a prosecutor introduced reports of prior threats against the victim. The Supreme Court ruled the reports alone, without the right to cross-examine, violate the confrontation clause.
Domestic violence, battery, and date rape crimes, are an increasing focus of aggressive prosecutors in Florida. In fact, in Fort Lauderdale and Miami, criminal trials for these charges are so much a focus of prosecutors that special trial divisions have been created in Miami and Fort Lauderdale.
Domestic violence, and battery cases require a specialized knowledge for criminal trial lawyers to be effective. In South Florida many lawyers specializing in criminal trials and criminal defense have extensive trial experience in domestic violence cases.
If you or a loved one has been charged with battery, or domestic violence, call for a consultation with a criminal defense attorney experienced in that area of law. Local criminal defense attorney Ralph Behr is available to you for a free consultation. Attorney Behr has been practicing criminal law and criminal defense since 1976 and is available for telephone consultations.
The judges of the second judicial circuit on July 9, 2008 ruled that breath results can be admitted in evidence.
That means the 200 DUI cases currently on hold are going back to trial with the breath results.
Fort Lauderdale DUI lawyers last year took the same issue up to the appellate courts, and lost.
FLORIDA FELONY LAW AND GUNS
The June 2008 US Supreme Court decision may arguably force a change in Florida’s law prohibiting those with a felony conviction from owning or possesing a gun.
Fort Lauderdale and Miami have the highest rate of gun ownership in Florida, and the highest felony conviction rate. It gets worse:
Florida has increased felony and felony conviction categories. More and more misdemeanors are becoming a felony.
More and more violations of probation and community control are resulting in felony convictions. Drug possession, drug trafficking, resisting arrest, fleeing and eluding have all became enhanced felony charges in Florida.
Florida law makes it a crime for anyone with a felony conviction to own or possess a gun. Things may change: here’s why:
Constitutional rights cannot be legislatively overruled: that’s basic constitutional law. Courts must apply a balancing test. The best example is your right to free speech does not permit calling out “FIRE!!” in a crowded theater.
If gun ownership is a constitutional right then it follows that the legislature cannot take it away. So the arguement goes, and it will….all the way up to the Supreme Court, and soon.
Florida criminal defense lawyers, a high concentration of them in South Florida, Miami and Fort Lauderdale will soon test Florida’s law about guns and felons. Criminal defense attorney Ralph Behr will be on the front lines of this one…. Watch for more news….
July 1, 2008 is Florida’s ‘take your gun to work’ day.
South Florida workplace parking lots will soon lite up with muzzle flashes as well as street lighting.
Miami, Palm Beach, Broward, and Fort Lauderdale workplaces now must permit employees to bring a gun to work. You must have a gun carry permit and must lock the gun in the car.
NO guns at schools, government buildings, prisons and airports.
Employers in South Florida cannot overrule the law.
If you live and work in the Fort Lauderdale – Miami area check with your criminal defense attorney to be sure you are not violating the law even if you have a concealed weapon permit. Being arrested in Florida is always easy, getting out of jail is never easy.
US SUPREME COURT IN SPRING 2008 RULES ON DC GUN BAN
Q: What does this mean for Florida criminal law?
In what will soon be regarded as a landmark decision, Florida criminal defense attorney Ralph Behr has issued advisories to his clients concerning gun possession and related gun possession charges.
Changes in gun laws affect all aspects of criminal law, not only gun crimes, but any criminal charges involving the use or or display of guns.
Broward County, Florida, as well as Miami Florida and Palm Beach has the highest concentration of gun owners and gun related crimes in Florida.
The decision holds that the right to own guns is guaranteed by the constitution.
The court goes on to say that the regulation of guns is not beyond the reach of government. Gun laws in Florida permit guns to be carried with a permit.
The court’s ruling allows “reasonable restrictions” but does not, as most Florida criminal lawyers agree: give enough guidance.
Criminal attorneys in Florida are waiting for gun cases to move through the courts for clarification.
Guns that are used in crimes are punished differently then when guns are trafficked. Trafficking in guns goes beyond personal use and ownership and has penalties that can rise to life imprisonment in Florida.
Similar to drug trafficking and drug possession laws, Florida criminal lawyers will look to the courts for interpretations that affect Florida residents who are charged with gun related crimes.
SPRING TERM 2008 U.S. SUPREME COURT NEWS
The lethal injection process of execution has been found by the US Supreme Court as not violative of the US constitution.
The most recent ruling of the U.S. Supreme Court permits Florida to continue to execute by lethal injection.
Broward County and Fort Lauderdale continue to lead the State of Florida in convictions for capital homicide and drug trafficking charges.
Capital homicide trials continue to bifurcate: that is after a finding of guilt on homicide charges, the jury then hears argument on punishment and makes a recommendation to the judge for life in prison or execution. It is the judge who makes the decision and is not bound by the jury’s recommendation for execution or life in prison.
Fort most criminal lawyers in Fort Lauderdale the ruling was expected. Many Death Certified criminal lawyers, such as Attorney Ralph Behr, continue to preserve the issue for appelate courts by objecting at criminal trials of capital homicide cases to the death penalty.
Florida’s drug trafficking laws F.S. 921.142 provide for the death penalty in drug trafficking cases in which certain “aggravators” appear. Those “aggravators” are listed in the drug trafficking statute.
The U.S. Supreme court has not heard any Florida criminal cases in which the death penalty has been sought for drug trafficking. Fort Lauderdale and Miami send more drug trafficking case appeals to appeals courts than any other Florida districts.
In a press release from the Law Offices of Ralph Behr on June 16, 2008 South Florida criminal defense attorney Ralph Behr announced his office will argue what may be the first criminal case in Florida which demands immunity from prosecution for lawful acts of self defense.
The criminal case currently is in the criminal trials courts of Fort Lauderdale, Broward County.
The defendant is charged with Attempted Murder, the case facts also allege the crimes of kidnapping, aggravated battery, aggravated assault and two counts of armed home invasion, as well as pendindg drug trafficking charges from cocaine and cannabis found at the crime scene.
The defense will demand the court grant immunity from prosecution based on Florida’s newly passed self defense statute F.S. 776.032. The case currently is in the Broward circuit courts in Fort Lauderdale, Florida.
In Florida anyone convicted of a sex crime, or sexually motivated crime, can be designated either as a sexual offender or a sexual predator.
These sex crimes designations come with the most restrictive forms of supervision of any category of crime. Drug trafficking, cocaine possession and cocaine delivery, theft crimes and murder does not restrict where you may live. Sex offense probation does.
Drug crime convictions usually get you drug offender probation.
In drug cases you are supervised as to your use of controlled substances.
Sex crimes come with onerous restrictions which are almost impossible to observe. Many if not most probationers on sex crime probation have the most problem with housing. Now it gets even tougher.
Obtaining housing, either alone or with family in South Florida cities and towns, such as Fort Lauderdale, Pompano Beach and Hollywood may soon be more restricted than most probation and community control rules.
Many towns have by local ordinance increased the State mandated 1000 foot range to 2500 feet. Living if you’re a sex offender or a designated sexual predator soon becomes much harder.
Florida law makes it a crime for sex offenders and predators tot live within 1,000 feet of a school, park or child care facility. Many local towns, such as Fort Lauderdale, Pembroke Pines, Hollywood, and soon West Palm Beach have followed the lead of other Florida cities and counties.
Soon towns may mandate a 2,500 feet distance: a full quarter mile. Nowhere in Broward County can you be more than a quarter mile from a school bus stop.
Probation violations are a problem every convicted felon on probation must deal with.
Contact your local criminal attorney for a consultation. The Law offices of Ralph Behr is available to counsel you or a family member under probation supervision or community control in Florida.
South Florida Criminal Defense Lawyer Blog
