Florida Criminal Lawyer Blog

A number of bills that would have boosted protections and reduced penalties for criminal defendants in Florida have failed, ending what was ultimately a disappointing state legislative session in the view of our Fort Lauderdale criminal defense lawyers.

Among the measures that failed to gain steam: Protections for juvenile inmates, scrapping the death penalty, improved cell phone privacy measures and reduced penalties for low-level drug offenders and those charged with possession of paraphernalia.

Our hope is that at least some of these actions will be picked up once again in the next session, although success will require more support from voters. It's in this vein that we'd like to further explore some of these failed measures of the 2013 session.

The first was House Bill 4005, which would have eliminated the death penalty in Florida, commuting the sentences of all pending death row cases to life in prison. This is a bill that has come up over and over again, each time with proponents arguing that the death penalty is unconstitutional. There are some states where such measure have actually been successful. Florida may have a ways to go before we reach join them. This time, it was shot down in the Criminal Justice Subcommittee - its very first stop.

Next up were SB 1350 and companion HB 963, both of which dealt with the issue of juvenile sentencing. These measures would have provided sentencing alternatives in cases where a juvenile committed a felony that would otherwise only be punishable by life in prison. Already, juveniles can't be put to death, no matter what the crime. But it's a strongly-supported view that life in prison for a crime one commits as a minor amounts to cruel and unusual punishment.

These bills would have allowed that, under certain circumstances, the juvenile could potentially be eligible for a re-sentencing hearing after serving 25 years of their life sentence. Ultimately, both bills died on May 3.

Another troubling defeat also happened that day, with the demise of both SB 846 and twin bill HB 797. If these bills had passed, law enforcement agencies would have been required to obtain a search warrant before they could legally seize and search the contents of a portable electronic device, such as a cell phone. This is a critical protection because so many of the criminal cases we handle every day involve some type of electronic evidence, whether through e-mail, call logs, text messages, voicemails or private social media exchanges. When an officer seizes a person's cell phone, he or she has access to all of this information - which is an unquestionably broad search and seizure for almost any kind of investigation. Requiring a warrant would ensure that access to this information would be narrow, limited to the case at hand, and not indicative of a fishing expedition - as so many of these situations have become.

And finally, there was the passage of HB 49, which makes the sale of pipes used to smoke marijuana and other drugs illegal, as well as the failure of HB 159, which would have reduced the minimum mandatory prison sentences for those accused of prescription pain medication abuse.

Continue reading "Broward Defense Lawyers Report Disappointing Florida Legislative Session" »

A 23-year-old man from Jupiter is facing a number of serious charges in connection with a 2011 boating accident that occurred along the Intracoastal Waterway.

Our Palm Beach BUI lawyers understand that the defendant is accused of striking an illuminated channel marker while speeding near Marcinski Road. Four other passengers on the vessel were injured, one of them critically with a skull fracture.

The charges against him include leaving the scene of a boating accident with serious injury, and four counts of violation of inland navigation rules.

Although authorities believe he had been under the influence of alcohol at the time of the crash, it's not clear whether they will actually charge him with that because he wasn't tracked down until the following day, when any alcohol that might have been in his system at the time of the incident had dissipated.

Still, it seems there has been enough evidence for him to face the other charges, which were filed by the Florida Fish & Wildlife Conservation Commission.

The FWC reported that the crash, which occurred almost exactly two years ago, left a 26-year-old male passenger with a fractured skull that required a 50-day hospital stay in West Palm Beach.

Witnesses said a group of people on a boat picked up the defendant from a home near the A1A bridge. From there, they went to a local tiki bar, and then to a rum bar. Over the course of the evening, it is believed that the defendant consumed somewhere between five and eight beers.

When the group left the second bar, he reportedly assumed control of the boat. As he drove, one of the other passengers reportedly instructed the defendant that he needed to lower his speed, as they were in a controlled speed zone.

However, this warning was not heeded. He was reportedly traveling at speeds of up to 40 miles per hour when he crashed into the channel marker.

The defendant then made it off the ship and fled, having a friend pick him up at a nearby gas station.

Officers found him the following day, with his girlfriend hiding behind a bar dumpster.

It's not clear why it took so long to file these charges, but the latest was that he was being held in Palm Beach County Jail without bond.

BUI is charged similarly to DUI in that one is considered legally under the influence if he or she has a blood alcohol level of 0.08 percent or higher, per Florida Statute 327.35.

A first conviction carries a possible six month jail term, while a second carries a possible nine month jail term and a third within 10 years constitutes a third-degree felony, punishable by up to five years in prison.

If a BUI causes injury or property damage, it's considered a first-degree misdemeanor, punishable by up to a year in jail. If it causes serious injury, it's a third-degree felony, again punishable by up to five years in prison.

If someone is killed, it's a second-degree felony punishable by up to 15 years in prison. If you kill someone and you leave the scene, it's a first-degree felony, punishable by up to 30 years in prison.

These kinds of incidents are more common than you might realize, especially in Florida. As we enter the summer season, bear in mind that there are an estimated 4,800 recreational boating accidents each year, with nearly 750 fatalities.

So regardless of whether your under the influence charges occurs on land or on sea, you will need to secure the services of an experienced defense lawyer.

Continue reading "Palm Beach BUI Results in Felony Charges After Skull Fracture" »

It seemed for a while that copper thefts in South Florida may have tapered off.

Our Fort Lauderdale criminal defense attorneys know that at the bottom of the housing market, after the bubble burst, the real estate landscape was littered with vacant homes, many of which were left abandoned and unsecured, leaving them vulnerable to copper mining. This was exacerbated by the fact that the price of copper began to soar, starting in 2004.

The problem was universal across the country, as evidenced by a 2010 report issued by the U.S. Department of Energy, which had detailed legislative and law enforcement measures taken to curb the problem.

But it was particularly bad in Florida, which was central to the housing market crisis.

It has trended downward in the last several years, as the price of copper has also declined, as has the wealth of opportunity with fewer vacant, unsecured homes to which potential thieves have access.

However, a recent incident out of Davie illustrates the practice isn't dead.

According to the Sun Sentinel, a 52-year-old man was arrested on charges of burglary, grand theft and battery, as well as several other unrelated charges.

The incident occurred at an electric company, where the defendant used to be employed.

The company owner said there had been three prior break-ins at the site within the past 30 days. He suspected a former employee was involved, but he had no proof.

So on a recent Monday night, he decided to stay on the property overnight, to see if he could catch the responsible parties.

The owner said he was awakened around 3:30 a.m. to the sound of someone hopping over the fence. He noted the suspect's pickup truck outside the lot, and he quickly ran over and punctured the tires so that the individual would not be able to escape.

A few moments later, the owner said he saw the defendant attempting to climb over the fence with a large spool of copper wiring. The owner raced over to the edge of the fence and attempted to keep the defendant inside the yard by striking him with a stick through the holes of the fence. At one point, the defendant reportedly kicked the owner in the chest, causing him to fall to the ground.

The defendant did eventually make it to his vehicle. However, he soon was stranded, as his tires were flattened. Police arrived on the scene soon after and held him there until the owner of the company identified him.

The defendant gave a statement to the police, saying that while he had kicked the owner, he had never actually entered the yard.

Even at this point, it would appear the evidence favors the owner. Add to that then the fact that there was also surveillance video, which reportedly showed the defendant hopping the fence to the inside of the yard, grabbing a spool of copper wire from the back of the truck and tussling with the owner before he made it to his truck.

The video shows a man using some type of gray cloth to cover the lower portion of his face. A similar gray cloth was discovered in the back seat of the defendant's truck.

That's a heavy burden of proof for the defense to overcome, and it was likely made worse by the defendant giving a statement to police. We can not stress enough here in this blog how critical it is to practice your right to remain silent and request an attorney.

We don't know the exact value of the copper taken in this case, but judging by the fact that he is charged with grand theft, we can assume that the property was worth at least $300. Typically, this is a third-degree felony, punishable by up to five years in prison.

However, per Florida Statute 812.014, if the individual commits grand theft and also either uses a motor vehicle to assist in the offense and therefore damages the real property of another person or simply by virtue of the crime causes damage in excess of $1,000, he or she may then be charged with a first-degree felony. That is punishable by up to 30 years in prison.

Continue reading "South Florida Arrest for Copper Theft Shows Trend Not Dead" »

The spate of recent gun-related homicides in Broward and Palm Beach counties are becoming less an aberration and more the norm, according to a recent investigative report by the Center for Public Integrity.

Our Fort Lauderdale defense lawyers understand that while overall homicides and violent crimes are down, murders committed with guns have spiked nearly 40 percent in the last 10 years, from 499 in 2000 to nearly 700 in 2011.

We don't have completed figures for 2012. But we do know that in the first six months of the year, 358 of the 479 homicides reportedly involved a firearm - and that was also an 8 percent increase from the same time frame in 2011.

In fact, while firearms were used in 56 percent of all Florida homicides in 2000, they now are reportedly involved in three-quarters of all murders.

Not all of those are necessarily unjustifiable.

Take for example the recent case of a Pompano Beach man who fatally shot a home intruder after being followed home from a local night club. The man said there hadn't been any angry words exchanged. The intruder followed him into his home shortly after 5 a.m., brandished a gun and demanded his jewelry. Rather than hand it over, he chose to act in self defense, and the would-be robber ended up dead.

Police have not yet decided whether they will file any charges or whether they will concede that the act was indeed in self-defense.

That situation, though, may be in the minority.

In homicide cases involving firearms, our defense lawyers will often seek to challenge whatever witness statements there may be, ballistics evidence, blood samples, motive and other aspects of the state's case. It truly will depend on the exact circumstances of the case, but know this: We recognize that when you are facing a homicide charge, only the most experienced and most aggressive criminal defense will do. We take that responsibility very seriously, and we spare no effort.

The CPI's recent report gives no solid answers for why gun crimes may be increasing so dramatically. But we do know that Floridians own more firearms than they did just 10 years ago. We know that the state's "Stand Your Ground," as well as the accessibility of concealed carry permits create more opportunity for gun crime. And of course we recognized the rights of gun owners and the fact that thousands of responsible gun supporters should not be penalized for the actions of a few.

The number of people applying for background checks to obtain firearms has shot up - from less than 300,000 in 2004 to more than 800,000 in 2012. From January to March of this year alone, another 300,000 applied for a background check.

That's not to say that every gun crime involves a firearm that is legitimately obtained, but the vast majority of those who apply for a gun permit in Florida are successful - more than 98 percent.

Florida is slower than other states in terms of submission of mental illness records to the primary federal database, and unlike a number of other states, Florida does not review those permits later to determine if gun owners are later disqualified due to felony convictions or mental illness.

Simply carrying a firearm illegally carries its own significant penalties. However, if you are accused of illegally using that firearm, call our experienced criminal defense lawyers as soon as possible.

Continue reading "Florida Gun Crimes and Responsible Gun Ownership" »

A local news website has earned the kudos of our Boca Raton domestic violence defense attorneys for doing three things few other outlets would:

1. Removing a story that was especially harmful to the subject, who as it turned out had been absolved of her alleged crime;
2. Using the incident to educate people on the harms of domestic violence;
3. Changing its policy on the publication of domestic violence arrests.

It's awful enough to be slapped with a domestic violence charge, especially when the allegations are exaggerated or downright false. To then have that information splashed across a news website, accompanied by your photograph and possibly your address, can end up severely ruining your reputation and possibly damaging your career and future job prospects.

We understand and fully support our Florida Sunshine Laws that allow the public - including journalists - to access a wealth of official information regarding everything from land records to arrests.

But for journalists, there is a level of discretion about what to publish that is sometimes abused, particularly when it comes to arrests - and the Internet is a big part of the problem. Because arrests reports are public record, there is nothing against the law about a reporter reading, writing and publishing what is contained therein. However, news judgement sometimes goes out the window if editors think a story or brief will garner a few more clicks.

Even just a few years ago, newspapers rarely spent much time on domestic violence arrests - unless they were serious or involved a prominent figure - because to do so would consume valuable print space and wouldn't serve much purpose. However, the Internet has allowed many news sites to publish arrest "galleries," in which the public can click through people's mug shots, names, ages, charging information. Media cutbacks mean there is often no context to this information, no analysis for why the public might need to know this.

So there is little of value for the public, but there is a great amount of harm inflicted on those who are "featured."

What many news outlets don't recognize - and what we applaud Boca News Now for seeing - is that domestic violence arrests are unique in that they don't often require the same burden of proof threshold as other crimes. That is, if police respond to the site of a domestic disturbance, someone is almost assuredly going to be arrested. It often comes down to who has more bruises or who is a smoother talker.

And even though a lot of times, those charges are either reduced or dropped altogether, the arrest information remains up on these news websites regardless of the case's resolution, resulting in tangible and significant harm to those involved.

That's what happened here in this case. A woman contacted the Boca News Now newsroom, tearful and desperate for her arrest information to be removed from the site. She was finding it impossible to gain employment with the information still up on the web. As it turned out, the state attorney's office had determined the 21-year-old woman had merely been defending herself against an abusive boyfriend. The office declined to prosecute and a judge expunged her record.

It took this kind of extreme case for the publication to note that the way in which it was publishing domestic violence arrests - often with little follow-up information or context. With this realization, the paper instituted a new policy: "Unless there is a compelling reason to do so, we will no longer report domestic violence abuse arrests," particularly for those under the age of 25, the editor pledged. The editor went on to say that if the paper did decide to publish a domestic battery arrest, after careful consideration, it would later remove that content upon receiving notification that the charges had been dropped, the case dismissed or the record expunged.

We're not asking reporters not to do their job, but we do wish more publications would recognize their power and adopt this same measure of caution.

Continue reading "Boca Raton Domestic Violence Arrest Shines Light on Harmful Publication Practices" »

A 75-year-old man living in South Florida has been accused of repeatedly sexually assaulting a 12-year-old girl who shared the same residence.

His response?

A zombie may have been responsible.

Our Fort Lauderdale criminal defense lawyers believe there could be several elements at play here. Given the man's age, we could be talking about dementia. We could be talking about a mental infirmity or illness. Given the man's native origins, we could be talking about a different religious belief system.

This is all speculation, of course, but what this case illustrates so well is a point we regularly try to drive home, and that is this: No defendant - especially one accused of such a serious crime - should offer a statement to criminal investigators without a defense lawyer present.

Even if you are innocent, you must understand that law enforcement investigators are trained interrogators. They know how to manipulate a conversation. They know how to twist your words around. They are skilled in tripping you up. This is why we so often hear about false confessions. Interrogations go on for hours and hours and such intense pressure is applied that before long, an innocent person begins to doubt the truth.

But let's assume for the sake of argument that you did commit the crime they are alleging, or some lesser degree of it. No matter how clever you are, you will always benefit from consulting with an experienced lawyer because it is our job to formulate defense strategies. Especially here at this law firm, where we are former prosecutors, we are intimately familiar with how these interrogations work. We know the strategies law enforcement officials use, and we don't allow you to fall prey to them.

When you speak to law enforcement without your lawyer there, you may potentially be significantly limiting your defense strategy options. Even revealing knowledge of seemingly minor details could end up posing a host of challenges for your case.

In this case, the girl reportedly went to her school principal and told him that the defendant had returned to the home after an extended stay in another country, and that she was afraid to return home.

She later told investigators that the defendant would molest her in the bathroom, after everyone else was asleep. In one case, her brother reportedly witnessed such actions.

However, the defendant claimed the children were lying and it was probably a "zombie."

Even if the children aren't being truthful, a zombie defense is unlikely to go far with a judge or jury.

He was booked on five counts of sexual assault and lewd behavior, and was being held on $5,000 bond.

If you are arrested, in addition to withholding a statement to investigators and immediately requesting a lawyer, here are some other things to keep in mind:
--Don't argue with an officer. The investigator may want you to become emotional in order to get you talking.
--Be respectful and polite. Even if you are innocent, being combative will get you nowhere.
--Remember that every single thing you say can be used against you. Stay silent. That is your right. Avail yourself of it.
--Know that you do not have to consent to a search of your vehicle, your home or yourself. That doesn't mean you can necessarily stop it, particularly if police have a warrant. However, consenting to a search will limit your rights in court with regard to whatever is later found.
--Speak about the situation to no one but your lawyer, and maybe your spouse or close loved one - if you're lawyer says it's Ok to do so. Almost anyone can be called as a potential witness against you.

Continue reading "Broward Criminal Defense Lawyers: Don't Formulate Defense Strategy Alone" »

A Russian retail theft ring was reportedly felled in Boca Raton recently, with four women cuffed on charges of retail theft and organized fraud.

Our Palm Beach County shoplifting defense lawyers know that these individuals are facing felony charges, as opposed to misdemeanor petit theft charges, for two main reasons:
--The value of the items stolen (some $32,000 worth of clothing);
--The fact that it was part of an organized crime ring.

Police say the scheme was fairly elaborate. It worked like this:

One woman would enter a high-end clothing retailer the evening before a planned heist. That woman would put a product in a place where there might be little to no camera action, such as a dressing room.

The next morning, the alleged accomplice would enter the dressing room, place the items in a bag lined with tin foil. The purpose of this would be to throw off the store sensors located at the exits.

However, in this case, it appears the loss prevention officer was on to the scheme, as it had been carried out previously. Security apprehended one woman as she attempted to exit the front doors.

Meanwhile, two other women also fled the store, but were cornered in a mall bathroom, where police later arrested them.

A fourth woman was arrested after officers discovered her waiting in a rented vehicle in the parking lot. Inside that vehicle, detectives reportedly found another $15,000 worth of stolen items.

While we tend to think of shoplifting as a fairly small crime, something closely associated with youthful indiscretion, the reality is that more frequently, these cases involve some type of organized criminal activity.

The National Retail Federation reported that last year, 96 percent of stores were affected by organized retail theft. That was a record number, and a 2 percent uptick from a year earlier.

Florida Statute 812.014 describes theft as the action of knowingly obtaining, using or trying to obtain or use another person's property with the intent to deprive another of rights to that property and appropriate the property as her own, even though he or she is not entitled to do so.

Penalties for this crime depend on the type of item stolen, the value of that item, from whom it was stolen and whether you caused any property damage in carrying out the act.

For example, if you steal a motor vehicle or a firearm, the offense will be a felony. If you cause ore than $1,000 in property damage in the course of committing a theft, you'll be facing a felony of the first-degree. If you stole emergency medical equipment or law enforcement equipment or if it was valued at more than $20,000 but less than $100,000, you'll be charged with a second-degree felony.

The law even goes into such detail for theft of items like:
--Stop signs;
--Fire extinguishers;
--Large shipments of fruit;
--Farming animals;
--Bees;
--Anhydrous ammonia;
--Controlled substances.

But no matter what, if you are working with an organized crime ring, as opposed to on your own, you will face additional penalties.

These charges must be taken seriously.

Continue reading "Palm Beach Shoplifting Ring Busted After Failed Heist" »

It wasn't long ago that the vast underground network of pain pill distribution from Florida to nearby states was dubbed the "Flamingo Express."

Federal agents have been working hard to crack down, arresting doctors and pharmacists with copious pain prescription rolls, busting so-called pill mills and pursuing suspected street distributors.

Now, our Hollywood drug crimes defense attorneys understand that the U.S. Drug Enforcement Administration has set its sights on the shipping companies. In particular, the agency is gunning for accountability from UPS and FedEx.

Specifically, the DEA is targeting orders of prescription drugs filled by online pharmacies, suggesting that the carriers have a responsibility to screen packages and alert federal officials of potential problems. The DEA says both firms have knowingly shipped illegally-prescribed drugs over the course of the last decade, and have failed to take any decisive action to prevent these shipments.

However, the two firms have had vastly different responses to these probes.

On the one hand, UPS agreed to forfeit $40 million it had previously collected for shipments from online pharmacies. It also settled on the implementation of a corporate compliance program, which essentially amounted to barring online pharmacies from using its services.

FedEx, however, has pushed back - hard. The shipping company said that the kind of controls that the DEA is talking about implementing are not only absurd, they are "disturbing." For starters, such action has the potential to threaten the privacy of its customers, said one spokesperson.

The representative further noted that shipping carriers are not law enforcement. They aren't trained to detect which pills are illegal and which aren't, and doing so would be a time-consuming and costly undertaking.

This investigation is only the latest in a host of those brought by the DEA against doctor's offices or companies that distribute or sell prescription pain medications, such as hydrocodone and oxycodone.

In another of these cases, the DEA is squaring off with Walgreens in a criminal federal D.C. courtroom, claiming that the firm's South Florida distribution center has been filling orders for high volumes of prescription painkillers without conducting any kind of internal inquiry about those orders. The firm's distribution center, based in Jupiter, is the top distributor of oxycodone and oxycodone products in the state.

In one case, the DEA reportedly discovered more than 3,200 bottles of oxycodone had been distributed over a 40-day period, despite the fact that the town where the pharmacy was located had just 3,000 residents.

Walgreens has said it is cooperating with the DEA.

Last year, a federal judge in D.C. upheld a similar action from the DEA against a different distribution center in Lakeland.

Even Google hasn't been exempt from the DEA's focus. Last year, the company forked over $500 million in a criminal case, after the U.S. Justice Department had alleged it had knowingly run advertisements from illegal online pharmacies that were based out of the country, but catering to U.S. consumers.

Really, the question comes down to what extent legitimate companies can be held accountable for customer activities.

The only thing that is for certain at this point is that the DEA is not losing steam on this track.

Illegal possession and trafficking of prescription drugs are serious offenses that can carry long-term prison sentences. If you are arrested, consult with an experienced criminal defense lawyer before offering any statement to law enforcement.

Continue reading "South Florida Pill Shipments Could Lead to Drug Arrests" »

The latest in a string of massage parlor arrests happened recently in Hallandale Beach, where three women were arrested on charges of prostitution, earning money from prostitution and practicing health care without a license.

Our Broward criminal defense lawyers know that while prostitution is generally a misdemeanor offense - which means you aren't automatically afforded an attorney - many law enforcement agencies are going after these crimes as felonies by attempting to spin them as instances of human trafficking.

It was on this basis back in January that officials with the Florida State Massage Therapy Association teamed up with the Federal Bureau of Investigation, the Broward County Sheriff's Office and the Fort Lauderdale Police Department. The goal is specifically to shut down so called "Oriental massage" parlors in which those practicing massage therapy aren't actually licensed. At some of these locations it's believe women, mostly Chinese nationals, have been held against their will and forced to engage in sex acts with clients.

The state of Florida requires that massage therapists have some 500 hours of experience and applying for a license is contingent upon passing a state board examination. The entire process costs between $10,000 and $20,000.

In the last several months, the task force has received more than five dozen reports of massage parlors that were either illegally operated or that were promoting prostitution.

But it's not just unlicensed facilities that are getting caught up. In the course of these investigations, the board has revoked about 20 massage licenses, while another 55 have been voluntarily surrendered.

From a defense standpoint, the approach would be different, depending on which party we were defending. For someone accused of prostitution, we might argue that such action was not undertaken willfully and that this individual was a victim more than anything else.

A first-time prostitution offense carries a 60-day jail term, though most of our prostitution clients don't end up serving anywhere near that. If we can prove that our client was a human trafficking victim, the charges could be dropped entirely.

However, with the defense of a massage parlor owner, more resources and an aggressive approach would be required, particularly if the individual is charged with human trafficking.

Florida Statute 796.045 holds that any person who knowingly recruits, harbors, entices, transports or obtains a person with the knowledge that coercion, fraud or force will be used to cause that individual to engage in prostitution, will be found guilty of a second-degree felony, which is punishable by 15 years in prison per count. That charge is bumped up to a first-degree felony, punishable by up to 30 years in prison, if the individual procured is 14 or younger.

In the most recent case, the trio of women arrested were in their 30s and 40s. The arrest followed a sting operation involving two undercover officers.

In the first instance, the undercover officer entered the business early last month and was told to go into a back room, disrobe and lie on the massage table. He was given a massage on his back for about a half an hour before being instructed to turn over. Within a few minutes, he reported, the female masseuse offered to perform a sex act on him. He asked how much it would cost and she replied the cost was "a good tip." He then said next time and the session quickly ended.

The next time, about three weeks later another officer paid $70 for an hour-long massage. The same reported scenario unfolded.

The arrests were initiated about a week later.

Continue reading "Broward Massage Parlors Targeted for Prostitution Stings" »

There is little question that the defendant was cheated.

However, our Fort Lauderdale criminal defense lawyers understand that what started out as an unpaid debt of a few hundred dollars quickly dissolved into death threats against those in the law enforcement community.

The defendant might never have been caught either, had he not been stopped for a simple speeding ticket.

Sometimes it's like that, and cases often come down to chance. What defendants must not leave to chance is their legal defense.

In this case, the defendant is facing up to 50 years in a federal prison. A thorough and experienced attorney will be critical to winning him the best shot at freedom.

According to media reports, the defendant loaned $750 to a stripper. We don't know much about why that loan was made, but we do know that the dancer did not appear in a hurry to pay it back. Eventually, he was paid - $7.50 and a visit by the dancer's boyfriend, who warned the defendant was best to simply leave her alone, or threatened that he would suffer physical injury.

The defendant reported this incident to police. But no action was taken.

Enraged, the defendant mailed out letters to a Palm Beach judge, sheriff's deputy and prosecutor at both their work and home addresses. Each correspondence contained threats and intimidating language - and they were made to seem as if the dancer's boyfriend had sent them, by stating their families would be harmed if charges against the boyfriend were not dropped.

The details of the letters were graphic. They described shootings, explosives and mutilation of body parts.

Police questioned the dancer's boyfriend, who denied writing the letters, but did reveal to police his ongoing trouble with the defendant.

Still, there wasn't any solid proof he had written them.

Then, the defendant got a speeding ticket. In short order, the police chief of that agency, his wife and the neighbor of the officer who stopped him - all received similar written death threats in the mail.

Detectives later searched the defendant's home computer, and found a number of the letters stored in files there.

Defense lawyers aren't denying that he wrote the letters. Their contention at this point, however, is that he has no criminal record and he never had any intention to carry out the acts he described. It was pointed out that when authorities searched his home, they found no guns, knives, explosives or other weapons that might indicate he was serious about any of it.

A psychologist for the defense argued that the defendant presented a low risk of future violence. Still, the U.S. Magistrate determined that he should be held without bond, based on the severity of the threats and the specific nature of the timing described in some of them.

There were reportedly 10 threatening letters sent out in all. The defendant faces a maximum of five years and a fine of up to $250,000 on each count.

Continue reading "Criminal Threats to Officials Have Defendant Facing 50 Years" »

He was a multimillionaire hotelier who had been connected romantically to famous women like Lindsay Lohan and Padma Lakshmi.

Our Fort Lauderdale drug crimes defense lawyers wonder if he believed all that would somehow insulate him from scrutiny as authorities say he attempted to board a commercial flight with a host of controlled substances, including heroin, cocaine, clonazepam, buprenophrine, Xanax, lorazepam, ketamine and marijuana. In all, he faces eight charges, including one for trafficking of heroin and seven more for possession of a controlled substance.

News reports indicate the Dream South Beach Hotel owner was stopped by Transportation Security Administration at the Fort Lauderdale-Hollywood International Airport.

We can't attest to the validity of the charges, but we do know that far too many people make the mistake of assuming they will have no problem slipping by TSA with drugs or other illegal substances.

The reality is that in the 12 years since 9/11, airport security has gotten unquestionably more adept and aggressive with regard to catching illegal activities. The fact that this individual is a foreign national means he would inevitably garner a greater level of scrutiny.

That's not to say nobody has ever gotten away with it. Getting away with it once or twice might even lead to a false level of confidence that brings about a situation like this. Unfortunately, your rights at the airport are not quite the same as your rights on the streets in terms of stops and searches.

For example, if you are on the street. In your vehicle, you have a degree of reasonable expectation of privacy. Therefore, an officer may only stop you on the basis of reasonable suspicion. That is, the officer either witnessed a crime or could reasonably infer that a crime was already or is about to be committed. In order to search your vehicle or property, the officer must have probable cause.

Conversely, at the airport, your expectation of privacy significantly diminishes. First of all, you expect that your persons and property will be subject to search before you board the plane by TSA agents.

However, even if you pass through screening without so much as a raised eyebrow, you can be stopped by immigration officers, TSA agents or customs agents at ANY time. They can do this on the basis of your travel itinerary or citizenship or suspicious activity and they have the right to temporarily detain you and search your belongings. These agents may NOT stop you solely on the basis of race, religion, national origin, sex, age, ethnicity or sexual orientation.

These officers have the right to question you with regard to where you are going and what items you may be carrying with you - specifically, weapons and/or drugs. However, your Fifth Amendment right to remain silent is still very much in effect. You do not have to answer any questions and you have the right to ask for an attorney.

TSA agents are given a broad range of powers - and they have a well-earned reputation for overstepping their boundaries and abusing it.

Anyone who is arrested for a crime at the Fort Lauderdale-Hollywood International Airport should seek defense counsel immediately, as you could potentially be facing years behind bars. The sooner you get a defense lawyer on your case, the better.

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A Broward County man has been charged with criminal transmission of HIV after investigators say he kidnapped a 10-year-old boy from a party and sexually assaulted him.

The criminal transmission charge arises because the suspect reportedly knew he had HIV or AIDS. Our Fort Lauderdale sex crimes defense attorneys know that there is no indication that the child was actually infected, as that isn't required by law.

Florida Statute 755.0877(5) and (6) holds that an offender who tests positive for HIV need not actually infect the alleged victim. All that is required is that the offender knew he or she was HIV positive, that a sexual act or some other potentially-infecting action occurred, and that either the consent of the victim has been successfully challenged or the offender did not disclose his or her condition to the other person.

All of these elements must be proven in order for a conviction to stand.

Sexual conduct is not the only way this charge might arise. Back in 2011, a suicidal suspect was being arrested on a Baker Act by a Broward County Sheriff's Deputy when he began to resist arrest. During the struggle, the suspect attempted to bite the deputy. Even though the deputy was never infected - indeed, the two never actually made contact - he was still charged with criminal transmission of HIV because he attempted to bite the deputy.

HIV, or human immunodeficiency virus, is the retrovirus that causes AIDS. There is no cure for AIDS, though the condition is now treated with a cocktail of drugs that can significantly prolong a person's life.

HIV transmission occurs only through very specific bodily fluids, which are blood, vaginal secretions, semen and breast milk. It's very rare for the disease to be transmitted through a bite, but it's not entirely unheard of, especially if the bite cut through the skin and drew blood.

According to a 2008 study by the Kaiser Family Foundation, Florida had the largest number of inmates in state or federal custody (higher than 3,600) who are reported to have tested positive for HIV. While the U.S. average population has a 1.5 percent positive infection rate, Florida's inmates tested positive at a rate of 3.6 percent.

(Another 15 to 40 percent of inmates are believed to be infected with hepatitis C, according to the Florida Department's Health Bureau of HIV AIDS.)

When a person is convicted of this offense, they face the possibility of criminal quarantine community control, as defined in Florida Statute 948.101. While the court may define the exact conditions, you might be subject to intensive supervision, including 24-hour electric monitoring and confinement to a designated residence during certain hours.

Possible defenses to this charge would include an assertion that you did not know you were HIV-positive.

Alternatively, we might purport that the alleged victim knew of your condition, yet consented anyway. This might have seemed impossible a decade ago, but advances in medicine mean that a sexual partner of an HIV-infected person may never themselves become infected, or if they do, it's no longer a death sentence.

We might also argue that the alleged act never took place or that the contact was so minor as to created an unlikely transmission scenario.

Every case will be different. It's important if you are facing a charge like this to seek legal council immediately.

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