South Florida Criminal Defense Lawyer Blog

SHOULD I POST BAIL FIRST? CALL A LAWYER? CALL A BONSMAN?

Call a lawyer first, why?

First: a local lawyer knows the local bondagents, your lawyer can get a good bond and control the bondsman: use the lawyer as a problem solver.

Second: the lawyer may be able to get a quick bond hearing and reduce the bond amount.

When a good local lawyer and a good local bondsman are in front of a local judge you benefit all around. The judge is confident you are well repersented and may be inclined to lower the bond.

If you or a family member or friend has been arrested in South Florida, Miami, Fort Lauderale or West Palm Beach contact a south Florida criminal defense attorney. Ask about bond. Ask about the judge. Ask about how an arrest and a trial work.
Information is the cure for agitation and aggravation. Let a local professional guide you through the criminal process. Call Attorney Ralph Behr at 1-800-761-3446.

VIOLATION OF PROBATION & VIOLATION OF COMMUNITY CONTROL IN FORT LAUDERDALE

Probation and Community Control are sentences, not pre-trial release; and sentences must be followed.

If you fail to follow any condition of probation, the probation officer will report to his supervisor. If the violation is willful and substantial then a request for a pick up order (warrant) is sent to a judge.

If the judge signs the request it becomes a warrant.

In Broward, Fort Lauderdale, by local order; anyone arrested on a violation of probation warrant waits ten days in the Fort Lauderdale jail before being brought up before a judge.

The first apperance is a first violation of probation hearing. At that hearing one admits or denies the allegations. If admitted the judge can do one of three things:
1. Return you to probation
2. Modify or add new conditions or increase the length of the probation or community control or
3. Send the violator to prison for any term of years within the sentencing or punishment code guidelines.
If you have a concern call a south Florida criminal defense attorney. Not all violations result in prison, some can be modified, some call be dismissed.

FLORIDA LAW ON BURGLARIES

If you’ve been arrested in South Florida, Fort Lauderdale, Miami, West Palm Beach and charged with burglary make sure your criminal defense attorney checks the most recent changes to the burglary statute.

The law in Florida, of which Fort Lauderdale is a part, is a burglary means entering a dwelling or structure or conveyance with the intent to commit an offense therein.

Burglary cannot be charged unless the state can prove the intent to commit a crime at the time of the trespass. If the intent to commit a new crime comes after the entry it’s not a burglary: it’s a trespass and a theft.

Some Fort Lauderdale criminal defense attorneys omit this point in their thinking. If you want a clear thinking South Florida criminal defense attorney call Ralph Behr at 561-717-3000.

WHAT HAPPENS AFTER A VIOLATION OF PROBATION WARRANT IS FILED?

If you are under a sentence of probation or community control beware. Fewer than one in three succeed without a violation.

The most common violation of probation is a failure to check-in, after that comes moving without notice, and then “dirty urine” if you are on drug offender probation.

Failure to pay costs of supervison are more common, but most of the Judges in Fort Lauderdale will not sign a violation of probation warrant unless the failure to pay is willful: that means you have the money but refuse to pay.

Rule One: Call a lawyer. Contact a Fort Lauderdale criminal defense lawyer BEFORE, not after. Your South Florida criminal defense lawyer can get you a hearing before your judge and avoid the probation violation by obtaining a modification of probation terms.

Prevention is the best way to avoid a violation of probation warrant. Call a south Florida or Fort Lauderdale criminal defense lawyer and get a consultation. Call Ralph Behr at 561-717-3000 for a no-fee consultation 24/7. Out of State: call 1-800-761-3446. Call Now, the call is free, the peace of mind is priceless.

IF I’M ARRESTED IN FORT LAUDERDALE DO I HAVE TO TALK TO THE POLICE?

No. A police officer can stop you can talk to you but you don’t have to respond. If you believe you are the focus of a criminal investigation, or a person of interest, ask for a lawyer.

The only person who can force you to answer any questions is a judge. Police can ask, you don’t have to answer,

CORPUS DELICTI: IT’S NOT DEAD IN FLORIDA

If you been arrested in Fort Lauderdale and made a confession, it’s not enough for a conviction.

The corpus delicti rule means the state must have actual evidence in addition to a confession before judge will allow a jury to deliberate.

Fort Lauderdale criminal defense attorney Ralph Behr recently litigated that very point before a Fort Lauderdale criminal judge, and won.

If someone is arrested, and then makes a confession, that’s not enough to seek a conviction and sentence. Consult with your South Florida criminal defense attorney in Fort Lauderdale or Miami to get clear on this. Or call Fort Lauderdale criminal defense attorney Ralph Behr.

FORT LAUDERDALE NARCOTICS OFFICER CAUSES DEATH OF CANINE OFFICER

Fort Lauderdale Florida news broadcasters are howling for justice.

A narcotics undercover officer from Coral Springs left his canine police officer dog partner in a hot car and the dog died.

It’s now a hot topic: do we arrest and convict the human cop who is responsible for the death of a canine cop?

Do the authorities let him cop a plea?

Should he be sent to prison for canine murder? Is this a homicide? A dogicide? Is it the same as causing of death of a human police officer? Will it be swept under the proverbial rug?

Stay tuned. Your Fort Lauderdale criminal defense attorney Ralph Behr is watching this case closely.

If you are reader, look up Florida statute 849.19, it makes it a third-degree felony to injure or cause the death of a canine police officer through negligence or criminal intent.

MARIJUANA GROW HOUSES IN FORT LAUDERDALE

Effective August 2008 Florida has enhanced the penalties for marijuana production.

Possession of marijuana in smaller amounts remains a misdemeanor. However for those who grow marijuana plants the previous threshold of 300 plants for a first-degree felony, has been lowered.

Manufacture of marijuana, a big business in Fort Lauderdale, Miami and Palm Beach, may soon be out of business. As Florida enhances penalties for growing plants arrests may soon peak.

The Statewide task force investigating the crime of growing marijuana commercially have increasingly focused on eradicating grow houses in the Fort Lauderdale Miami area. The new law is expected to increase the importation of marijuana from out-of-state.

ARRESTED IN FORT LAUDERDALE? WHAT IT MEANS TO BE A PRINCIPAL

In any criminal courtroom in South Florida, Fort Lauderdale or Miami or West Palm Beach, those charged with possession of cocaine or possession of any controlled substance are convicted for things they didn’t do? How can that be?

The principle rule, derived from Florida criminal statute 777.0 11 says if a criminal defendant helped another person to commit a crime, the defendant is a principal and will be treated as if he had done all the things the other person did. The only thing they prosecutor needs to establish is that you did some act or word which was intended to encourage or assist the other person with the intent for them to act criminally.

If you have been charged with a crime in Fort Lauderdale, or Miami, or If you’ve been arrested and charged with possession of a controlled substance, for example possession of cocaine, you should and must understand the so-called criminal principal rule. In simple terms: in for a penny, in for a pound.

FLORIDA SEX OFFENDER GETS LIFE SENTENCE

Although not a South Florida criminal case, Fort Lauderdale criminal attorneys have taken note of a sex offender sentenced to life by a Tampa court.

Although there was no physical evidence to link the defendant to the killing and the judge suppressed a tainted tape recorded confession, the jury found defendant Onstott guilty of killing the daughter of a former romantic partner.

Fort Lauderdale, Florida, Miami and West Palm Beach criminal courts hear more sex offenses than most other jurisdictions. For that reason many Fort Lauderdale criminal lawyers have more experience handling sex offenses than most other jurisdictions