Emptying jails by putting defendants on Pre-Trial Release (ankle monitors) has saved South Florida jails a lot of money, but has also made lots of issues come up…. Hot!
South Florida Criminal Defense Attorneys want Pre-Trial Release for indigents, but not for those who can afford to post bail money. Many doubt that more bureaucrats are the answer and want to see bondsmen return to their historical and dependable function: assuring defendants come to court.
The posting of financial bonds has always worked in South Florida. Bondsmen will hunt down and find their clients…..and they do!
The Pre-Trial Release program believes that an ankle monitor and a bureaucrat peering into a computer monitor will work better. NO says Jacksonville Bail Agents Association and Bondsmen throughout South Florida.
The issue has reached the Florida Legislature with a proposed Senate bill from Sen. John Thrasher (Republican from Jacksonville). The bill is supported by bondsmen throughout South Florida. It sets the correct balance: let indigents (those arrested who have no money) be out on ankle monitors and let those with assets post them to assure their appearance in court.

South Florida Criminal Defense lawyer Ralph Behr has announced his support of Senate Bill 8-00784B-10 believing it will go a long way to make defendants show up in court without burdening the State with the expense of having bureaucrats watch them on GPS monitors. If it aint’ broke don’t fix it: let Bondsmen do it right, better, and cheaper than Big Government!

State Senator Victor D. Crist (Republican Senator from Tampa) is doing some heavy lifting in trying to eliminate or reduce the number of Public Defender clients who should not be in the Public Defender’s office as clients. {read article in Florida Bar News} At this time of cut-backs in State funding for public services the Office of the Public Defender is under severe pressure. These pressures come from under-funding in the face of a major increase in their caseloads.
Many believe the Public Defender is accepting many “indigents” who have lied on their financial affidavits applying for “free” Public Defender attorneys.
Many criminal defense attorneys in Broward County have seen their former (private-pay) clients are now represented by the Office of the Public Defender. Since the Public Defender began in 2007 sending staff personnel into the jails to “pre-interview” arrestees their caseload has exploded.

The lack of oversight and lack of asset checks is the most likely cause and should be investigated.

Carlos Bertonatti was arrested in the manslaughter of a bicyclist on the Richenbacker Causeway in Miami this past Sunday. Miami-Dade Police stopped Bertonatti in his silver Volkswagen as he dragged the crushed bicycle for blocks. Christopher Lecanne was the bicyclist killed in the incident. Bertonatti was charged with vehicular homicide and DUI manslaughter. Bail was set at $32,000.

An arrest for driving under the influence (DUI) of alcohol or drugs is a serious offense, and a driver can be charged with a DUI offense if his or her blood alcohol level tests at .08% or higher. The state of Florida has some of the toughest DUI laws in the United States.

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Steve Sestokas, 33, received a DUI on State Road 54 in New Port Richey. Sestokas reportedly leaned over his passenger seat to retrieve a music-playing device that had fallen. As this happened, he hit a guard rail and came to a complete stop. A Pasco County deputy intercepted him and found the accident. Sestokas was incapacitated and continued to voluntarily press down on the gas pedal despite orders by the approaching deputy to cease. Eventually the deputy got Sestokas out of the car despite refusing to follow orders. Florida Highway Patrol arrived on the scene soon after to continue the investigation. Sestokas was charged with driving under the influence and resisting an officer without violence.

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Olivia Namath, 19, was arrested by Palm Beach County Sheriff’s Office deputies during a traffic stop last Sunday. Deputies smelled marijuana upon stopping the car and a bottle of rum and beer in vehicle too. Namath told police on scene she did not know anything about the drugs. Namath was arrested for possession of liquor by a person under 21 and possession of marijuana with intent to sell. She is the daughter of Hall of Fame quarterback Joe Namath.

A first degree misdemeanor: includes a fine of up to $1000 and up to one year in prison.

A first degree felony: includes a fine of up to $10,000 and up to 30 years in prison.

Drug trafficking: can include up to life in prison and a fine of up to $500,000.

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Wondy Pierre-Louis, a member of the Florida Gators football team, is being sought after by police on a warrant for a domestic violence charge. The former cornerback allegedly strangled his now former girlfriend after catching her in bed with another man. “I could kill you” was exclaimed by Pierre-Louis as he choked her with his shirt off. She attempted to run away during the entire incident and finally got away long enough to call the police. Gainesville Police Department’s Lt. Keith Kameg officially stated that Pierre-Louis has a warrant issued for domestic battery by strangulation, burglary, battery, false imprisonment and hindering communication to law enforcement.

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Your host and writer, South Florida Criminal Defense attorney Ralph Behr appealed an adverse ruling on self defense in Florida and made new law.
The Florida legislature created a new statute concerning when it is okay to use force to defend yourself or others. The law formerly only permitted the use of self defense when you are standing your ground in a protected area, such as your home. The new Florida criminal statute said that a claim of self defense creates immunity from prosecution unless a determination is made that the use of self defense was wrong.
The statute uses the term immunity. South Florida criminal defense attorneys understand immunity means the State cannot prosecute. Immnity is a bar, not a defense. No means no, right? Well maybe.
The appellate court did not agree with south Florida criminal defense attorney Behr and ruled that the correct procedure is to file a motion to dismiss and argue law. Attorney Behr argued that immunity means immunity, not a hearing on the facts. No said the local court of appeals and now it’s off to the races?
Two differing opinions came from two courts of appeals in the State which makes this ripe for review by the Florida Supreme Court, and so it shall be. If you are charged with a crime in South Florida contact attorney Behr: he just made some new law on a very important issue: self defense.

D’Anne Leigh Mica, 34, was arrested by police in downtown Orlando last Friday in the wee hours for driving under the influence. Her blood alcohol content was twice the legal limit in the state of Florida. She just left a Mexican restaurant and divulged to officers that she has downed one or two cocktails. A $500 bail was put on her release from Orange County Jail.

An arrest for Driving under the influence (DUI) of alcohol or drugs is a serious offense, and a driver can be charged with a DUI offense if his or her blood alcohol level tests at .08% or higher. The state of Florida has some of the toughest DUI laws in the United States.

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Eleven individuals were arrested in a major drug trafficking investigation undertaken by the Department of Justice’s Organized Crime Drug enforcement Task Forces programs. Most of the individuals were felons found to be in possession of various types of firearms, as well as crack cocaine or cocaine derivatives. A major kingpin, “Antonio Marroquin”, was indicted during the operation. He was one of the biggest distributors in the Manatee area. Total seizures obtained about four kilos of cocaine, $250K in cash and nearly $1 million in property and various assets.

Under Federal law, penalties for drug crimes can be more severe than if a person were found guilty of a drug crime under state law. A person found guilty of a drug crime under Federal law can face life imprison and be required to pay a fine of up to $8 million.

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Violation of Probation can mean prison. In South Florida criminal defendants are often given the option of an extended probation rather than incarceration. It can sound like a safe alternative to a trial and possible incarceration…but it is more often a slippery slope glide to prison. The numbers don’t lie.
If you are arrested for a criminal charge in South Florida ask your Florida criminal defense attorney if probation is easy. It definitely is not. If Probation is hard, community control is almost impossible.

Probation violations come in two types: “technical” and substantive. A violation of probation warrant is requested by the supervising probation officer, sent to a criminal judge who, if he signs it, creates the violation of probation warrant which requires your arrest and detention. In South Florida criminal courts, particularly in Broward County, the jail holds you for ten days before the judge brings you up for a first violation of probation hearing. At the first hearing you are given an opportunity to read the violation of probation warrant and you either admit or deny. If you admit then the judge can do one of three things: 1) sentence you to a jail or prison term 2) modify probation or community control to add special conditions or a jail or prison term followed by probation or more community control, or 3) just return you to probation and reinstate all conditions.

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