South Florida Criminal Defense Lawyer Blog

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.

In South Florida, and all of its jurisdictions including Fort Lauderdale, Miami, West Palm Beach, Broward County, Dade county, and Palm Beach county, not every piece of evidence is admissible in court. To determine this, Florida Statutes decide when evidence can be admitted and which type of evidence is not admissible.
It all revolves mainly around the ideas of probative value and unfair prejudice. According to Florida Statute 90.403, evidence is excluded on the grounds of prejudice or confusion. According to that statute, relevant evidence is inadmissible if its probative value is outweighed by the danger of unfair prejudice.
Whether the evidence is going to mislead the jury is up to the judge, but the defendant has the right to file a motion to preclude certain evidence pursuant to F.S. 90.403 which balances the probative value of the evidence against the possibility of unfair prejudice for the defendant.

If you have been charged with a crime and believe that certain evidence against you shouldn’t be admitted to court, call a Florida criminal defense attorney today for a free consultation.

According to Florida Statute 806.01, arson is when any person willfully and unlawfully, by fire or explosion, damages or causes to be damaged any dwelling, either occupied or not.
What this means is that arson is basically the damage of a property by fire or explosion. To prove that the crime of arson was committed, the state has to prove two elements. First, it has to prove that there was actually damage to a property that was caused by fire or explosion.
The second element that needs to be proven is that the offense was committed willfully, or while the person was committing another felony.
Many people engage in that activity when they can’t pay their mortgage in their houses. In Arizona, a man committed suicide in the courtroom. Right after hearing the guilty verdict convicting him of setting his own house on fire, he swallowed a pill and died after 10 minutes.

For more information about arson and other criminal offenses, call an experienced criminal defense attorney in South Florida.

In South Florida and in the Counties of Broward, Miami Dade, Palm Beach and in the cities of Fort Lauderdale and Miami, robbery is when a person takes money or other type of property with the intent to permanently or temporarily deprive the person of the property, when using some form of violence, force or inflicting fear.
In Florida, a crime of robbery may be classified as either a first degree offense or second degree. The element that makes the difference between a first degree and a second degree felony is the existence of a firearm.
Four elements need to be proven in order for a person to be convicted of a robbery. The defendant took the property, by a use of any form of violence or threat, the property had some value and there was an intent to deprive the person permanently or temporarily of the property.

For more information, call a South Florida criminal defense attorney for a free consultation.

An Alibi is a defense in criminal cases. In South Florida, and all of its jurisdictions, such as Miami, Ft. Lauderdale, West Palm Beach, Broward County, Dade County and Palm Beach County, a person accused of a crime can use the criminal defense of alibi in court.
An alibi in an allegation by the defendant, proving its innocence, by proving he or she was not at the time and place where the crime was actually committed.
For example, let’s say that someone was murdered at the corner of 53rd and 3rd avenue on October 12th at 3:30pm. And you are one of the main suspects. Now let’s assume that on October 12th at 3:30pm you were at your grandmother’s house. An alibi then would be for your grandmother to testify in your favor, stating that you were with her at that time, which means you weren’t present at the time the crime was committed.

If you or someone you know is being accused of crime and you have proof that you were not present at the time, you should call an experienced criminal defense attorney in South Florida.

In South Florida and all its jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Broward County, Dade County and Palm Beach County, people are often confused with battery and assault charges. Details about what constitute assault and battery can be found in chapter 784 of Florida Statutes.
So why are people confused about the difference between assault and battery? The main difference is simple, an actual touching.
According to the Florida Statute 784.011 an assault is when a person intentionally threats another individual to inflict violence upon them, and is actually apparently capable of doing so. They create fear in the other person who believes that the act of violence will occur.
On the other hand, battery is an actual touching or striking of another human being against his or her will. The battery causes a bodily harm to the victim, while assault is mainly a threat by word.
An assault constitutes a misdemeanor of the second degree, punishable by a fine of up to $500 or imprisonment for no more than 12 months. Battery is a misdemeanor of the first degree, punishable by up to 1 year in prison.

In cases of battery and assault, it is important to have an experienced criminal defense attorney. Call a South Florida criminal defense attorney for a free consultation.

The US Supreme Court ruled this summer that it is unconstitutional for juvenile offenders to get mandatory life sentences without parole. But Cristian Fernandez, a 13 year old boy from Jacksonville, Florida, may change the way juveniles convicted of first degree murder are sentenced. Cristian Fernandez is the youngest inmate awaiting trial in Duval County, Florida and could be facing life sentence. He is being accused of first degree murder of his 2 year old brother and the sexual abuse of his 5 year old brother.
This case is generating controversies all over the country with people arguing about the right actions to be taken against Fernandez. Some are saying he should be convicted as an adult for the heinous crimes he committed in order to pay for his actions. Other believe that he has a painful past that lead him to this and that what he really needs is help, not spending his life in prison.

He is awaiting trial, and it is now up to Florida courts to decide the outcome that may possibly change the way juvenile offenders are handled in cases like this.

Not only in the counties of Broward, Palm Beach and Miami-Dade but also in other areas of South Florida, when a crime is being investigated, one of the most important elements is the Mens Rea. This is a phrase in Latin which means a Guilty Mind.
The guilty mind is an important element in cases involving criminal acts such as homicide, manslaughter, and other felony crimes.
The State of Florida has the burden of proving that the element of mens rea actually existed at the time the crime was committed. In order to prove that the element was present, they may try to identify a possible motive for the perpetrator to commit the offense.
It will be easier for the jury to believe that the element of mens rea existed if they believe that the defendant had a motive to commit the crime. A motive is the reason behind a crime, for example a desire for revenge or financial pressure.
Without finding any possible motive that led the defendant to commit the crime, it is hard for the state of Florida to prove the guilty mind of the individual. However, it doesn’t mean that they will not come up with another element leading to the belief that mens rea was present.

If you are being charged with a felony, call a criminal defense attorney in South Florida for a free consultation.