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Two West Palm Beach police officers were fired and one quit when their video camera, mounted in the front of the police cruiser, video-taped the officers kicking and punching a suspect who was in handcuffs.

South Florida criminal defense lawyers have been aware of the police brutality for years. Many lawyers represent those who are the victims of police abuse and then charged with battery on a law enforcement officer.

Miami and Fort Lauderdale have similar problems with police violence. If you have been the victim of police abuse contacts a local lawyer. You have rights, you can file complaints and your lawyer will see to it that a proper investigation is undertaken.

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No.

If the police have probable cause they can make an arrest without a warrant. Probable cause means a reasonable person would believe a crime has been committed and you did it.

Police must have a warrant to enter a home: with two exceptions: hot pursuit and exigent circumstances.

If the police are in your home just remain calm. A judge can sort things out later, you cannot.

Just remember to remain silent and do not agree to a search. You will learn from a criminal defense lawyer what a totality of the circumstances test means for consent to be free of coercion.

South Florida criminal defense lawyers know how to conduct suppression hearings, you don’t. If you have a concern contact a lawyer and ask. Remember that knowledge is power.

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UNDERSTANDING THE PROCESS FROM ARREST TO CRIMINAL CHARGE

Police contact begins with a stop, proceeds to a detention and culminates with an arrest.

When contact is voluntary you are always free to go.

A detention is lawful only if the officer has articulable suspicion that a crime has been committed and you are a person of interest.

An arrest occurs when you are no longer free to go.

Understanding the difference between a stop and an arrest is key to understanding your constitutional rights. Miranda warnings are only required after an arrest. So what to do?

If you are having contact with the police and are concerned that you are a person of interest: ask for an attorney. Police cannot offer you freedom or a pass. Don’t negotiate with a police officer. Only a prosecutor can give you a deal that stands up in court.

For more information go to CAN THE POLICE LIE TO ME?

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FIDO IS A FINK!

A dog working for the police validated a drug possession arrest because it happened fast. The four minute rule is under assault.

Drug trafficking and drug possession cases are a top priority for cops in Fort Lauderdale. Searches incident to a traffic stop have always been a major suppression issue. Miami and Fort Lauderdale criminal lawyers are always litigating the time between a lawful stop and a drug dog search. Here’s the latest doggerel…

A dog sniff at the time of a traffic stop which took only a minute was not a violation of the search and seizure rules. See: Barbee, a July 2008 Federal case out of Ohio.

The court determined that the traffic stop was justified by the trooper’s suspicion that Barbee had committed two traffic violations. The drug arrest was validated by the drug sniffing dog’s signal drugs were in the car.

At hearing the cop said he was writing citations when the drug-sniffing dog alerted.

The cop didn’t need any additional suspicion to justify the canine sniff and the arrest was upheld.

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Florida has a death penalty process created by statute and court rule.

Florida criminal courts are divided into regions or jurisdictions, but they all follow the same rules. Different districts encompass Miami, West Palm Beach, Fort Lauderdale, Broward County, Dade County or Palm Beach County, but they all follow the same process.

When a murder defendant is convicted of capital felony, the court will have a separate sentencing proceeding and have testimony before the jury determine whether the defendant should be sentenced to death or life imprisonment.

Aggivators and mitigators are heard. The jury hears about the character of the defendant and the manner of homicide.

The decision to impose a sentence of death or life imprisonment is made by the judge, not the jury. The judge does take into consideration the jury’s vote.

The court makes the decision after weighing the aggravating and mitigating circumstances.

The Supreme Court must, within 60 days after certification by the sentencing court, review the decision or let it stand.

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Florida courts permit those charged with a crime to avoid a conviction with a “withheld adjudication”.

You can truthfully answer “no” to the question: “Have you been found guilty of a felony?” if the criminal court in Florida “withheld adjudication”

But…..in Federal court a “withheld” adjudication is considered a finding of guilt.

If you are facing federal removal proceedings (deportation) over a conviction you have in Florida for a crimiinal charge you should contact a criminal lawyer in South Florida and ask about having your Florida plea withdrawn. There is a procedure to withdraw a plea IF your plea directly results in deportation and you were not advised by the judge at your sentencing of the possible immigration consequences.

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If you need to know practical definitions of crimes such as as assualt, burglary, drug possession, drug trafficking (a total of 50 definitions), there is a book for sale on Amazon.com which can help.

South Florida criminal defense attorney Ralph Behr has published an easy-to-read book about criminal law.

No complex terms, just straight understandable explanations of 50 crimes.

Also, the “most asked” questions are answered about Miranda warnings, DUI arrests, drug searches and more…

The book CAN THE POLICE LIE TO ME? can be bought on Amazon.com and at the book’s website CANTHEPOLICELIETOME.COM for $18.50.

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Florida and Georgia unite to fight crime.

A joint effort between law enforcement officials in Georgia and Florida to collect and share criminal intelligence will bring criminals to justice. Criminal intelligence…? Oxymoron, dumb oxen, or just police-talk?

With this news criminal defense lawyers throughout Florida now know the task force is functioning and its focus.

Law enforcement agencies in Florida and South Georgia announced they will share leads on unsolved crimes.

Focusing on murder, drug trafficking, theft and sex crimes this joint effort to cobble together criminal intelligence is a new attack on crime.

Major cases from Fort Lauderdale north to the Georgia state line are targeted for joint state efforts to find the criminals and bring them to trial. Stay tuned for more news!

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IMMIGRATION DEPORTATION CONSEQUENCES OF PLEAS

Deportation of those convicted of crimes has become a major focus of Federal immigration authorities.

Over the past three years the numbers of persons expelled from the US has gone up markedly.

South Florida criminal defense lawyers are increasingly asked what can be done.

Florida law permits criminal pleas to be withdrawn if deportation is a direct result of a guilty plea and deportation consequences were not clearly explained by the sentencing judge.

The 4th District in Florida, which hears appeals from Fort Lauderdale (Broward) and Palm Beach pronounced the rule: Failure to advise of immigration or deportation consequences of a plea to a criminal charge can be grounds to withdraw a plea. The defendant must allege and prove that 1. You were not advised of the deportation consequences of a plea 2. That the plea alone subjects you to deportation 3. The motion to withdraw the plea is “timely”.

If you are facing federal removal proceedings contact a Florida criminal defense attorney for a consultation. The area is complex so take the time to speak to a criminal attorney with immigration experience.

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