Articles Posted in Florida Criminal Defense

Voluntary and Involuntary intoxication must be carefully taken into consideration in some cases in South Florida and its jurisdictions.

In Miami-Dade county, Broward county and Palm Beach county, defendants cannot go free of charges if they state that they got high on drugs or alcohol and committed the crime because of that. It does not help a criminal defense to state that you raped someone because you were high and didn’t know what you were doing if you voluntarily got high in the first place.

Voluntary intoxication is not a complete defense in South Florida due to the fact they people know that consuming alcohol or taking any type of drugs will result in uncontrolled behavior. However, in some states, voluntary intoxication may constitute a partial defense in criminal cases.

On the other hand, jurisdictions of south Florida such as Miami, West Palm Beach and Fort Lauderdale, if you consume drugs or alcohol involuntarily, that may be a defense and you may be free of guilt.

If you are being charged with a crime and you believe you were under the effects of drugs or alcohol which lead you to commit the offense, you need an experienced criminal defense attorney to represent you.

Call our offices now to speak with Ralph Behr directly.

Many cases are resolved with a plea bargain, which is when there is an agreement between the defense and the prosecutor. Many people wonder if they actually need an attorney to negotiate a plea. The fact is that negotiating a plea can be very tricky in South Florida. And in all of its jurisdictions, including Miami Dade county, Broward county and Palm Beach county, having a lawyer is very important and crucial to negotiate a good deal.

In negotiating a plea, the defendant will agree to plead guilty or no contest, and in return have a lesser sentence recommended to the judge by the prosecutor, or even have the charges reduced, or sometimes dropped, by the prosecutor.

If you or someone you know is being charged with a crime, it is important to have an experienced attorney representing you. Call an experienced South Florida criminal defense attorney.

Bond is money you pay in order to get out of jail, and remain out of jail, until your trial. The judge is the one who sets the bond, and bail is the amount of money that the judge requires you to pay.

In most cases in South Florida and all of its jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Broward county, Palm Beach county and Miami Dade counties, you have the right to a pre trial release in some form.

There are two different forms of pre trial release for you to get out of jail before the trial. One of them is what is called the Conditional Pre-Trial Release. This means that you do not need the money part, but you get out with conditions you need to follow. And the other form of pre trial release is bond (money).

If you or someone you know is arrested in South Florida, you need to call a defense lawyer with knowledge and experience.

Call our offices NOW to speak with an experienced criminal defense attorney.

In South Florida, would you be arrested if you have a trace amount of drugs with you? In most states, whether you are carrying a trace amount or a consumable amount of a controlled substance, it IS possession.

In all of South Florida’s jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Palm Beach County, Miami-Dade County and Broward County, as long as the substance can be chemically identified, it is possession.

If you or someone you know is being accused of being in possession of a controlled substance, you need to call an experienced criminal defense attorney.

Call our office for a free consultation with Ralph S. Behr, an experienced South Florida criminal law attorney.

In South Florida, and all of its jurisdictions such as Broward County, Palm Beach County and Miami-Dade County, a person can be sentenced to a form of pretrial release instead of pretrial detention. This means that until their trial, the person will not be in custody.
There are various forms of pretrial release and all of them have their conditions to be followed, for example not contacting the victim. House arrest can be one form of pretrial release in which the defendant may be obligated to use an electronic device.
In South Florida, a person can be charged with a violation of pretrial release if he or she tampers with the electronic device while under house arrest, or also if he or she makes an attempt to contact the victim. However, in order for the State to violate the defendant, they need to show important findings such as sufficient evidence and reasonable belief that the defendant represents a threat to the community or to the victim.

If you or someone you know has been in house arrest and is now facing a violation of the pretrial release, you should contact an experienced criminal defense lawyer in South Florida.

According to the Florida Statute 806.01, arson is when a person willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages any dwelling or structure where persons are normally present. Even if the dwelling that was damaged was not occupied, the person can still be charged with the crime of arson.
In South Florida, and all of its jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Miami Dade County, Broward County and Palm Beach County, a person who engages in any of those activities is guilty of arson in the first degree which is a felony of the first degree.
Many times, arson cases are related to insurance fraud and this can lead to serious criminal charges. A few months ago, a former Wall Street banker committed suicide in court right after hearing the guilty verdict. He was adjudicated guilty for burning down his home to collect insurance because he was no longer able to afford the mortgage on the house.

A criminal defense attorney is crucial in criminal cases such as arson or fraud. You should contact an experienced criminal defense attorney in South Florida.

In South Florida and many of its jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Broward County, Palm Beach County and Miami Dade County, there are many sentencing options for someone who commits a crime. The sentencing can be incarceration, fines, probation and other alternative sentences.

Many people think that restitution is a form of fines as a punishment. Actually, fines go to the State, either the federal or the local government who is the prosecutor. Restitution on the other hand is when the defendant is required by the judge, to pay a specific amount of money to the victim. Since restitution is not paid to the state, it is not considered a fine.

In most cases, defendants are required to return stolen property, or pay for medical expenses in instances of personal injury for example. In cases where the society is considered the victim, such as in fraud cases, then the defendant pays the state the money that was defrauded.

If you are being charged with a crime, and are being required to pay restitution to the victim, contact an experienced criminal defense attorney from South Florida. Call our office for a free consultation.

The police use many different procedures in order for witnesses to a crime be able to identify the suspect. A lineup is one of the most commonly used procedures for this process of identification. Not only is it important for the suspect to be aware of his rights, but the presence of a criminal defense attorney at the time of the lineup might be important in order to make sure that the suspect’s rights are not violated by the police in any way.
The criminal defense attorney, among other things, may be aware of any unfairness in the process of the lineup. In South Florida and all of its jurisdictions including Miami, Fort Lauderdale, West Palm Beach, Broward County, Miami Dade County and Palm Beach County, the presence of an attorney can assure that a lineup will be conducted without the possibility of a bias from the police toward that particular suspect.
If you or someone you know was part of a lineup that you think occurred in an unfair way, you should contact a defense attorney.
If you know someone who is going to be taken for a lineup as a suspect to a criminal activity, you should contact an experienced criminal defense attorney.

Call our offices for a free consultation (561) 717-3000.

There are many procedures that police stations and other people involved in the investigation of a criminal activity use in order for the suspect to be identified by an eyewitness. In South Florida and all of its jurisdictions, including Miami, Fort Lauderdale, West Palm Beach, Broward County, Miami Dade County and Palm Beach County, the three most commonly used identification procedures are lineups, showups and of course photo identifications.
The lineup is when the police stations gathers around six people, among which there is the suspect, and line them up for the witness to look at them. The lineup will have the suspects and also what are called decoys, who in some way resemble the suspect or resemble the description given by the eyewitness.
The showup is when the eyewitness has a one on one identification, that is, when they only view one person that is considered to be the suspect. This can happen at the crime scene, at the police station or other places.
The other commonly used procedure to identify suspects is the photo identification. The police show mug shots, or head shots, to the witness.

Not only are these procedures used to identify a suspect, but it is also used to eliminate a certain individual from the “suspect list”.

One of the most commonly known cases is Miranda vs. Arizona, which gave life to what is now known as the “Miranda Rights”. In South Florida and in all its jurisdictions such as Miami, Palm Beach and Fort Lauderdale, many motions to suppress are brought into court to argue that the police didn’t advise the defendant of his Miranda rights.
Our Miranda rights are the rights the police are supposed to read to an individual whenever he or she puts the person under arrest. There are controversies about whether the person was actually under arrest or not to determine that he or she wasn’t “mirandized”.
The Miranda rights argument is often used to suppress testimonies or statements made by the defendant at the time he was arrested. Cases go on and on about whether the person gave the testimony voluntarily or if it was the product of an interrogation.
If the individual was under arrest and as a product of an interrogation there was an incriminating statement made by him, he can move the court to eliminate such statement if the police did not advise him of his Miranda rights before they started to ask questions.

If you think you made statements without knowing your constitutional rights, call an experienced criminal defense attorney in South Florida.