Articles Posted in Florida Criminal Defense

In South Florida and all of its jurisdictions such as Fort Lauderdale, Miami, West Palm Beach, Pompano Beach, Hollywood, Aventura, or Boca Raton, an individual who intentionally participates in a crime or helps a criminal before or after the crime, may be held responsible for it.

Take for instance someone who knows his friend will be going to a warehouse to commit burglary Monday night, and agrees to babysit for the burglar’s children while the burglar commits the crime.

The State needs to prove that the defendant is an accomplice by proving that they intentionally helped in the commission of a crime. The state must prove that the individual knew that the principal was going to commit a crime and he or she intended to help the crime succeed.

Another way of being responsible for a crime is being an accessory after the fact which is someone who knows that a felon has just finished committing a crime and helped the felon avoid arrest or trial.

If you have been accused of being an accessory or an accomplice, call attorney Ralph Behr. You need an experienced criminal defense attorney on your case. Call our offices at 561-717-3000

On Saturday March 2nd, Nicole Mendez crashed into the back of a car in Fort Lauderdale causing the death of a 27 year old man. Nicole Mendez was brought up before a judge on Monday March 4th, where investigators showed that she failed the sobriety test. When they examined her blood alcohol leveled, they found it under the legal limit. But not only alcohol can lead to a DUI.
Nicole Mendez was a heroin addict currently recovering, and admitted that she was under the influence of other drugs the night the accident happened. In South Florida, not only alcohol can lead to DUI charges, but also cocaine, heroin, marihuana, etc.
The two charges she is facing are DUI manslaughter and vehicular homicide.
To prove the crime of DUI, the prosecutors need to prove beyond a reasonable doubt that the individual was in actual physical control of a vehicle, and that while driving, or while he was in physical control of the vehicle, he or she was under the influence of alcohol or any controlled substance to the extent that their normal faculties were impaired. By normal faculties, the Florida Statute refers to the ability to talk, walk, see, hear, judge distances, drive an automobile, make judgments or act in emergencies.
If you or someone you know is being accused of driving under the influence of alcohol or other controlled substances, you need an experienced criminal defense attorney. Call our offices at 561-717-3000 to speak with Attorney Ralph Behr.

In the counties of Broward, Palm Beach and Miami-Dade, there is a drug court treatment program which can provide an alternative from prison or jail for people with conditions related to substance abuse.
There is an original program which is the Pre-Trial Intervention Program which was put in place as an alternative to jail and prison for first-time offenders, non-violent people whose charges included purchase of possession of a controlled substance, or substance abuse. The second program is the Diversionary Treatment Program which diverts those felons who were adjudicated from going back to prison. The pre-trial Intervention Program and the Diversionary Treatment Program have a minimum treatment of one year.
In South Florida’s jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Boca Raton, Pompano Beach, Hollywood, and Aventura, in order to be eligible to have their felony charges dismissed, defendants need to be of age 18 or older, they must not have any prior conviction, and their charges need to be related to substance abuse.
The criteria to be eligible for the Diversionary Treatment Program are:
-Age 18 or older
-Offenders with sentencing scores of 52 points or less

-Offenders with sentencing scores of 52 points of less who have violated community control or probation due to a failed or suspected drug test.

If you or someone you know have been charged with a substance abuse related offense, you need an experienced criminal defense attorney. Call our offices today to speak with attorney Ralph Behr. Call 561-717-3000.

Cathy Jordan, who is the president of the Florida Cannabis Action Network, was surprised by cops in her home where they seized the marijuana plants she had.
What the cops who raided her house didn’t know is that Cathy Jordan has Lou Gehrig’s disease, and she needs to use marijuana as part of her treatment. Innocent people all over the country has been introduced into the criminal system and are being treated as such, only because they are carrying marijuana to relief them from pain and suffering of certain diseases. Different states have being arguing and debating over the use of medical marijuana and State Sen. Jeff Clemens decided to change things for the “Sunshine State”.
Jeff Clemens passed the bill S.B. 1250, also called “the Cathy Jordan Medical Cannabis Act”. The Cathy Jordan’s bill now permits certain people to possess marijuana for medical use. It is of course limited to patients with certain medical conditions and there are limited amounts that are allowed. A patient can posses up to four ounces and grow up to eight marijuana plants. 70% of Florida voters agreed with the new marijuana law.

If you or someone you know has been charged and arrested for possession of illegal substances you need to call an experienced Criminal Defense Attorney who will handle your case. Call Attorney Ralph Behr at 561-717-3000.

In South Florida and all of its jurisdictions such as Broward County, Miami-Dade county, Palm Beach county, Miami, Fort Lauderdale, Coral Springs, West Palm Beach, Boca Raton, etc, it is actually possible to have your domestic violence charges dropped.

There are a few requirements the defendant needs to fulfill in order to have his or her domestic violence charges dropped.

They will need to undergo a substance abuse program or treatment, have an evaluation of their mental health, participate in anger management classes, have absolutely no contact with the alleged victim in the defendant’s case and also not drink alcohol or take any illegal drugs at all.

If you or someone you know are being charged with Domestic Violence, you need an experienced criminal defense attorney to take care of your case throughout the entire process.

Call the Law offices of Ralph Behr at 561-717-3000 and speak with Attorney Ralph Behr himself.

In South Florida and most of its counties such as Miami-Dade, Palm Beach and Broward, first time offenders being charged with a Misdemeanor have an opportunity to enter what it’s called a Misdemeanor Diversion Program, or MDP.
A misdemeanor diversion program allows those first time offenders to accept responsibility for their actions, seek rehabilitation, and divert their cases from the criminal court system. The whole program is supervised by the Broward Sheriff’s Office.
What does the defendant need to do upon entering the MDP?
It depends a lot on the specific facts of each case. If it’s a drug related activity, the defendant would usually have to participate in a drug abuse program. If it is a battery or domestic violence case, the defendant will be required to undergo a batterer’s intervention program.
Regardless of the facts of the case, all individuals entering the MDP will need to do 25 hours of community service and pay certain fees.
If the program takes 3 months, he or she will have to pay $300 to the probation office and $150 to the court. If it is a 6 month program, the defendant will need to pay $600 to the probation office and $150 to the court. The individual entering the MDP must be a resident of Broward county, although there are some exceptions. Students, for example, may reside elsewhere when school is in session, but will have to be in Broward county and have a verifiable address when they are not required in school. Another requirement of the MDP is that the defendant needs to physically chek-in once a month with the probation office.
If you are being charged with a misdemeanor and think you are eligible for the Misdemeanor Diversion Program, you need a criminal lawyer with experience who will be able to get you in the program and keep you case off of the criminal court system.
Call Attorney Ralph Behr at 561-717-3000

In South Florida and all of its jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Miami-Dade county, Broward county and Palm Beach county, a criminal case starts with the State putting all the evidence they have together. Now, the defense counsel has the right, under Florida Rules of Criminal Procedure Rule 3.220, to view, inspect, and copy all the physical or testimonial evidence that the State will use at trial.
How does the attorney do that? The first thing a defense attorney will file is a Notice of Appearance, along with a Written Plea of Not Guilty and a Demand for Discovery. The demand for discovery part will demand the State, under the Rule 3.220, to disclose the evidence they have against the defendant.

Choosing a criminal defense attorney is an important decision. If you are being charged with a crime, you should contact an attorney that has enough knowledge and experience to fight for your freedom. Call https://www.ralphbehr.net/an experienced criminal defense attorney in South Florida.

Florida is one of the 33 States that have death penalty. There is currently a population of 407 in death row, which includes 4 women.
On Tuesday, December 11th 2012 Manuel Pardo was executed by lethal injection. He is an ex Sweetwater cop who was responsible for the death of 9 people in the 1980’s.
The state of Florida has had 74 executions since 1976 and 314 before that. Since the death penalty was re-enacted in 1972, there have been 23 innocent people who were freed from death row and a total of 6 clemencies have been granted. In Florida, life without parole is an option, and when it comes to death penalty the method is either lethal injection or electrocution.

The selection of an attorney when it comes to a capital case is extremely important. You should contact an attorney who has the knowledge and experience it takes to take on a case like that. Call an experienced criminal defense attorneyhttps://www.ralphbehr.net/lawyer-attorney-1266825.html that is ready to fight for your freedom.

Battery is defined in Florida Statute 784.03 as when a person actually and intentionally touches or strikes another person against his or her will or when someone intentionally causes bodily harm to another person. This crime constitutes a misdemeanor of the first degree.
A felony battery is when a person has already one prior conviction for battery or felony battery and commits a second battery. This constitutes a felony of the third degree.
Aggravated battery is different from battery in that it occurs when a person in committing a battery intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement or when a person uses a deadly weapon.

If you or someone you know is being charges with the crime of battery, felony battery or aggravated battery in South Florida and its jurisdictions such as Broward county, Palm Beach county and Miami-Dade county, you need to call an experienced criminal defense attorney.

Florida Statute 784.046 for Action by victim of repeat violence, sexual violence, or dating violence for protective injunction defines violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person”.
The statute separates what repeat violence is from sexual violence and dating violence. They all have different elements that need to be proven in order for a petition to be granted.
When we talk about repeat violence we are talking about two incidents of violence committed by the respondent in a petition. One of those two incidents must have occurred within 6 months of the time the petitioner filed the petition.
Dating violence refers to violence between two individuals who have or had a “continuing and significant relationship of a romantic or intimate nature”

And last, sexual battery refers to an incident of sexual battery, lewd or lascivious act, luring or enticing, or other forcible felony where a sexual act is committed.