South Florida Criminal Defense Lawyer Blog

IDENTITY THEFT BASICS: FORT LAUDERDALE IS A HOT LOCATION

Fort Lauderdale and Miami are hot spots for identity fraud. Sadly or not it is a fact of life for those living in Broward County, Miami and Palm Beach.

Taking a victim’s identity to obtain credit is the most common identity fraud committed here in Fort Lauderdale. The thief can capture identity information by attacking your computer or capturing data online.

To protect oneself you can go to the Florida identity theft website. Your credit card company, or bank can help. Fort Lauderdale criminal lawyers serve on various committees to help reduce identity theft. You can speak with a Fort Lauderdale criminal lawyer by calling the Florida Bar, or the Broward Association of Criminal Defense Lawyers in Fort Lauderdale, Florida.

IF I’M ARRESTED: DO THE POLICE HAVE TO READ ME MY RIGHTS?

No. Huh?

Your right to remain silent only applies AFTER an arrest, not before.

If you are arrested in Fort Lauderdale, Miami or West Palm Beach you MUST know the difference between a stop, a detention, police contact, and the ultimate situation: an arrest.

To answer the question more fully know this: The arrest is valid even if no rights are read to you. If the police intend to use any statement of yours (confession) it cannot be used in court unless under the totality of the circumstances the statement is freely and voluntarily given and not the product of coercion or force.

For a fuller understanding of an arrest, and a stop, and your Miranda rights speak to a South Florida criminal defense lawyer. Contact the Broward Bar Association in Fort Lauderdale, or the Florida Bar for a list of South Florida criminal defense lawyers with offices in Miami, Fort Lauderdale, or Palm Beach.

FORT LAUDERDALE SEEKS PART OF $19MM TO CURTAIL DUI

The US Department of Justice announced it is awarding $19,000,000.00 to States that focus or arresting drunk drivers.

Fort Lauderdale prosecutors are very aggressive in arresting and criminally charging drivers who are stopped for a DUI investigation.

The money will be spent in South Florida to support compliance checks and enforcement of under-age drinking laws.

If you are arrested in South Florida for a DUI contact a local criminal defense lawyer for advice and assistance. Your best defense is knowledge of the law, so get informed now!

DOMESTIC VIOLENCE COURT IN FORT LAUDERDALE, FLORIDA

Fort Lauderdale is the county seat, so you will find the Circuit Court in downtown Fort Lauderdale. There are two courtrooms which handle only domestic violence crimes: a misdemeanor courtroom with Judge Gonzales, and a felony courtroom presided over by Judge Cohen.

If you are arrested in Fort Lauderdale for any battery crime on a domestic partner, spouse, or roommate you will most likely find yourself in one of those two courtrooms.

Bail (bond) is the first issue. Bail is posting money to assure you will appear at all court-set hearings. The Domestic Violence courts in Fort Lauderdale usually require a high bond, and sometimes will not allow bond at all.

Speak with a Miami or Fort Lauderdale criminal defense lawyer for more information on how domestic violence matters are handled in Fort Lauderdale, Miami, West Palm Beach and South Florida.

Many of those accused of crimes in South Florida are forced to agree to excessive amounts of money payments under the restitution element of their sentence.

The Fourth District Court of Appeals, which reviews South Florida criminal cases, clarified the rule. The court found that a Broward judge abused his discretion in ordering a restitution amount with insufficient evidence to support the dollar amount.

If you are on probation in Fort Lauderdale, Broward County, Miami, South Florida: contact your criminal defense attorney concerning the restitution amount of your sentence.

This new case clearly states that defendants who were forced to agree to pay restitution when there is insufficient evidence to support the dollar amount may appeal the restitution amount and have it reversed.

Fort Lauderdale criminal defense attorney Ralph Behr has sent an advisory to his clients on probation. It concerns the recent ruling from the appellate court that covers South Florida: particularly Fort Lauderdale and Broward County.

The ruling clarifies when drug offender probation terms are added to probation for non-drug crimes

The new ruling clearly states: a defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated chapter 893 offense or agreed to such probation in a plea agreement.

If your probation has been violated because you failed to comply with drug offender probation requirements contact your South Florida criminal defense attorney. Ask if the charge was a drug-related charge; ask if the final disposition includes your voluntary agreement to drug offender probation.

Florida DUI penalties were enhanced starting in 2008.

The principal change has been an increase in the fine: from $250 for a first DUI to $500.

If you are arrested and refuse to provide a breath exemplar your first refusal counts towards the newly enacted misdemeanor charge of breath-refusal.

Now it is a misdemeanor to refuse to provide a breath exemplar if you are stopped, and detained, and the officer undertakes a DUI investigation. The misdemeanor charge only arises on your second DUI arrest.

In South Florida, Miami and Fort Lauderdale, many criminal defense attorneys are asked by their clients if they should “blow”, which means provide an air exemplar.

For a complete explanation go to the book Can The Police Lie To Me? Or ask a Fort Lauderdale criminal defense attorney.

US currency (paper money) that circulates in Fort Lauderdale, Florida and south to Miami has the highest traces of cocaine in the world.

Possession of cocaine requires actual possession, knowledge and control. If you hold on too tight to your money you cannot be convicted of possession.

Former President George Bush (the senior) once produced a ten dollar bill that tested positive for cocaine. Of course he was in Miami when it happened.

You cannot get “high” from paper currency in Fort Lauderdale, but you can still spend it at the beach for a beer.

In South Florida a Probation Violation means ten days of jail in Fort Lauderdale before you see a judge. Fort Lauderale is in the 17th Judicial Circuit, it does not include Miami.

A willful and substantial violation of probation generates a probation officer filing a request for a pick-up order: i.e. a warrant.

In Fort Lauderale, Broward County Florida, by local custom every probation violator comes before the judge after a stay in the Fort Lauderdale jail.

The Clerk usually makes you wait ten days before scheduling a first violation of probation hearing. At that first hearing we deny or admit the violation(s).

If you admit then the judge can sentence you immediately.

A denial requies a full hearing. At the hearing the State must prove the violations before the judge can revoke, sentence or return you to probation.

For more information call a South Florida criminal defense lawyer.