Florida Criminal Lawyer Blog

The Miami Herald and Palm Beach Post recently explored the issue of posting mug shots online. For several Florida newspapers, mug shots draw a high volume of traffic to their websites. In fact, the booking blotter on the Palm Beach Post’s website generated about 52% of the 45.2 million page views in May.

However, some journalism watchdogs and ethicists worry that publishing mug shots doesn’t tell the whole story, since there are no follow-ups to the original post. In at least a quarter of all felony cases, the charges are never filed, are dropped, or the defendant is acquitted at trial, yet the daily blotter rarely (if ever) reports on this.

A few Florida defense lawyers are less concerned. Some see it as a chance to find prospective clients and point out that news shows like Law & Order have created a public fascination inthe criminal justice system. Others note that social networking sites like Facebook have already made people’s private lives public.

Publishing of mug shots on newspaper websites stirs debate, Miami Herald, June 28, 2009

Continue reading " Palm Beach Criminal Lawyer Discusses Mug Shots Posted Online " »

Earlier this week, Boca Raton's City Council approved plans to add red-light cameras at 10 intersections in Boca Raton, plus install parking meters at the beach and Mizner Park. Many cities in Florida and around the country already have paid parking and red-light cameras to catch and fine those who run traffic lights.

Adding red-light cameras to several Boca Raton intersections is expected to generate an additional $1 million for the city at a time when council members are struggling to close an estimated $4 million budget gap for the 2009-2010 fiscal year.

The council was divided on the issue, because some worried that fining drivers who run red lights would make the city appear less welcoming to visitors. Some also voiced concerns that the city might face lawsuits from Florida drivers involved in rear-end collisions.

Boca Raton approves red-light cameras, South Florida Sun Sentinel, June 23, 2009

More cash or more crashes? Boca Raton considers red-light cameras, parking fees to close $4 million budget gap, Palm Beach Post, June 23, 2009

Continue reading " Boca Raton Traffic Attorney Discusses Red-Light Cameras " »

Hallandale, FL - Hallandale criminal lawyer Brian S. Leifert has learned that the city of Hallandale has announced that they will be conducting enhanced DUI patrols. Hallandale police officers will conduct DUI enforcement patrols this weekend, from 11 p.m. to 3 a.m. on both Friday and Saturday.

Hallandale police on DUI patrol this weekend, South Florida Sun-Sentinel.

If you have been charged with DUI in Hallandale, Broward County or anywhere in South Florida, call a Broward DUI lawyer at Leifert and Leifert for immediate assistance.

According to the Federal Bureau of Investigation, violent crime decreased last year across the county, but it is on the rise in some South Florida cities.

Homicides went up six for a total of 18 in West Palm Beach, while the overall number of murders nationwide declined. West Palm Beach rapes also increased, though West Palm Beach's population shrunk by around 2,600 people last year according to state statistics. A spokesman for the West Palm Beach police said that overall, crime was down 17 percent; despite increases in certain types of crimes, there were 193 fewer violent crimes last year.

In Fort Lauderdale, rape increased by 17 to a total of 73, while robbery rose 112 to a total of 848. The population in Fort Lauderdale remained roughly the same. Burglaries also increased in Fort Lauderdale. The FBI noted that with the economy in a slump, more people are turning to non-violent crimes like burglary or larceny.

FBI: Violent crime down nationally, up in some South Florida cities, South Florida Sun Sentinel, June 2, 2009

Continue reading " Violent Crime Up in Some South Florida Cities " »

Until recently, South Florida drivers could simply go to the clerk's office and pay their ticket without seeing a judge or having their driving record impacted. But a change in state law has meant that Sun Pass violators must now appear in court to avoid points against their driving record.

The result is that Miami-Dade Traffic Court is seeing double its normal caseload. In fact, last year Sun Pass violations amounted to almost a third of all traffic citations. Judges and other officials worry that this will strain the resources of the Miami-Dade Traffic Court.

The Turnpike says it is working to reduce court filings with a campaign to ensure that drivers pay violations during a 51-day grace period. They are also scouring more databases and post office lists for current address of delinquent customers, since out-dated addresses has been an issue in the past. Some elected officials in both Orlando and Miami are working to remove penalties against the driving records of from SunPass violators.

Sunpass toll tickets clog Miami-Dade Traffic Court, Miami Herald, June 6, 2009

Continue reading " Miami-Dade Traffic Lawyer: Court Inundated with SunPass Violations " »

Broward DUI Lawyer, Plantation, Florida - The City of Miramar is planning a DUI checkpoint for July 3rd and July 4th. This Broward DUI checkpoint will begin 8:00 p.m. on Friday July 3rd and will continue until 3:00 a.m. on Saturday, July 4th. Members of the Miramar police department along with other officers from various law enforcement agencies throughout Broward County will be conducting DUI enforcement in the at the 2100 block of State Road Seven.

Miramar DUI checkpoint planned for July 3-4, South Florida Sun-Sentinel.

Continue reading " Broward DUI Lawyer Warns of July Fourth DUI Checkpoint in Miramar " »

Fort Lauderdale, FL - Broward County DUI lawyer Brian S. Leifert has just learned that the city of Fort Lauderdale will be conducting a DUI checkpoint scheduled to begin at 4:00 this afternoon and will conclude at 11:00 this evening. The checkpoint will be located in the 1200 block of Northwest Sixth Street (Sistrunk Boulevard) and the 1600 block of Northwest 19th Street. Fort Lauderdale police officers will be looking for impaired or intoxicated drivers ans well as checking for suspended drivers licenses, warrants and equipment violations.

3 Broward cities plan sobriety checkpoints, Miami Herald.

Continue reading " Fort Lauderdale DUI Attorney Warns of Sobriety Checkpoint " »

Our South Florida defense attorneys have been following an animal cruelty case out of South Miami-Dade. Tyler Weinman, 18, has been accused of mutilating and killing 19 cats in the region. He had been jailed pending a court-ordered psychiatric evaluation, but was released on Wednesday on $249,500 bond and will face arraignment on July 6. His charges include 19 counts of felony animal cruelty, 19 counts of improperly disposing of an animal body, and four counts of burglary.

Weinman was arrested at a friend's house on Sunday morning, and prosecutors have not released much information on why the teen is a suspect. His defense attorney was allowed to view, but not keep, the affidavit that outlines the evidence against the suspect.

Weinman was stopped for running a red light on May 15, and police say they questioned him about the cat killings at that point. He was also charged with marijuana possession and driving with a suspended license. One of his lawyers said the police jumped to conclusions about Weinman because of intense public outcry. His lawyers and several family maintains maintain that the teen is innocent.

Accused cat killer Tyler Weinman freed on bond, Miami Herald, June 18, 2009

Continue reading " Miami Criminal Lawyer Discusses Recent Animal Cruelty Case " »

Pembroke Pines, Florida - Broward DUI lawyer Brian S. Leifert has just learned that a DUI checkpoint will be conducted in the city of Pembroke Pines. The DUI checkpoint is planned for Thursday, June 18, 2009 from 9:00 p.m. to 1:00 a.m. on Friday. The checkpoint is planned to take place on Pines Boulevard and 74th Avenue, across from Broward College's South Campus.

Lauderhill, Florida - Broward DUI Lawyer Brian S. Leifert has also learned that a DUI checkpoint will be conducted in the city of Lauderhill. The DUI checkpoint will begin on Saturday, June 20, 2009 at 8:00 p.m. and will concluded at 3:00 a.m on Sunday. The city of Lauderhill has selected Sunrise Boulevard and 441 as the location for the checkpoint.

Both DUI checkpoints will include assistance from law enforcement agencies throughout Broward County, including the Broward County Sheriff's Office and members of Broward Sheriff's Office DUI task force.

Lauderhill, Pembroke Pines plan sobriety checkpoints, Miami Herald.

Police to run two Broward sobriety checkpoints this week, South Florida Sun-Sentinel.

Continue reading " Pembroke Pines DUI Lawyer Warns of Checkpoints in Pembroke Pines and Lauderhill " »

Yesterday in a Miami-Dade county courtroom, wide receiver Donte' Stallworth received a 30-day jail sentence after pleading guilty to DUI manslaughter. The 28-year-old athlete could have faced up to 15 years in jail for hitting and killing a 59-year-old pedestrian with his Bentley after a night of drinking at Miami Beach's Fountainbleauhotel.

Following Stallworth's release from prison, he will serve two years of house arrest and spend eight years on probation. He must also undergo drug and alcohol testing and perform 1,000 hours of community service.

Stallworth and his defense attorney reached the plea bargain in part because of the family's desire to have the case resolved and avoid further pain. Miami-Dade State attorney also cited Stallworth's willingness to accept responsibility and cooperation with law enforcement as factors in the decision. Stallworth also reached a confidential financial settlement with the family of the DUI victim.

Browns' Stallworth pleads guilty and gets 30 days, Associated Press, June 16, 2009

Continue reading " In Miami, Stallworth Pleads Guilty to DUI Manslaughter " »

A few weeks ago, following the murder of a prostitute who had reportedly posted on Craigslist, the online classified site voluntarily removed its "Erotic Services" ads. Prior to that incident, Florida Rep. Rachel Burgin had proposed a bill to ban such ads from Craigslist and other newspapers and websites. The bill never made it to a vote, but the Hillsborough County Republican says she may introduce similar legislation next session. She sees the changes at Craigslist as a positive step.

However, the sudden change has caused concern among many of Broward County's prostitutes. One prostitute, who spoke anonymously to a reporter from the New Times of Broward-Palm Beach, said she was able to make over $1,000 per day before Craigslist removed its "Erotic Service" section, and now barely earns $600 per week. Instead of advertising in the "Erotic Service" section, the Florida woman said she now uses the new "Adult Service" section to post a short ad with her face and phone number.

According to the woman, "Nobody at Craigslist is trying to protect the girls doing this. They're just protecting themselves."

Local Prostitute Talks About Craigslist Woes, BrowardPalmBeach.com, May 22, 2009

Continue reading " Palm Beach and Broward Prostitution Lawyer Discusses Impact of New Craigslist Policy " »

A new bill passed during the spring legislative session, House Bill 29, makes it a first-degree misdemeanor for landlords to permit tenants to connect utilities themselves. Judges are mandated to accept an unpermitted electrical junction as proof of intent to violate the law. Stealing utility services to manufacture a controlled substance such as marijuana is also now a first-degree misdemeanor.

Several weeks ago, investigators discovered a marijuana grow house in Lorida after an electrical transformer blew. Inside the house, they found 341 marijuana plants, grow lights CO2 generators, and other items. The tenant was charged with producing and trafficking of marijuana and possession of drug paraphernalia.

A representative of Glades Electric estimates that over $80,000 worth of electricity was stolen. The diversion was wired so it appears that the house uses a normal amount of electricity when in actuality, the monthly bill should be around $2,000 per month. These grow houses cost the company over $1 million every year.

New grow house law targets landlords, Highlands Today, May 21, 2009

Continue reading " Florida Criminal Lawyer Comments on New Marijuana Grow House Law " »

Last Monday, Miami police have accused a South Florida nun of obstructing justice and disorderly conduct. They say the nun interfered with their attempt to arrest a homeless man who was causing a disturbance outside the Missionaries of Charity Shelter. The man was reportedly wielding a knife and ice pick and police had him at gunpoint.

The nun allegedly stepped between the man and the police in an attempt to diffuse the situation and prevent the homeless man's arrest. She was not taken to jail, but she was cited for disorderly conduct and obstructing justice. Both are misdemeanor offenses.

According to an officer from the Miami Police Department, "she is very passionate about what she does, and she's very protective. We don't believe that this was a situation where she was trying to be anything more than protective. Unfortunately, she stepped over the boundary of just being protective to actual interfering."

Nun Arrested Defending Homeless Man, KIRVOTV.com, June 5, 2009

Nun Accused Of Confronting Miami Police Officer, WPBF.com, June 5, 2009

Continue reading " South Florida Nun Accused of Disorderly Conduct in Miami-Dade " »

Our South Florida defense attorneys have heard that Donte Stallworth, 28-year-old wide receiver for the Cleveland Browns, pleaded not guilty to DUI manslaughter charges in a Miami-Dade courtroom last week. The defendant was not present for the hearing on Thursday morning, but his attorney entered the not guilty plea.

According to an affidavit, the defendant's blood alcohol level was .126 when he reportedly hit and killed a 59-year-old man on a Miami Beach causeway. He is now free on $200,000 bail and is required to abstain from alcohol, not drive, and follow a curfew.

If convicted of DUI manslaughter, Stallworth faces up to 15 years in jail. His trial is scheduled for July 7th.

Stallworth enters plea in DUI manslaughter case, Associated Press, June 4, 2009

Dante Stallworth Enters Not Guilty Plea, MyStateLine.com, June 4, 2009

Continue reading " In Miami, Football Player Pleads Not Guilty to DUI Manslaughter Charges " »

According to a new audit prompted by county commissioners, Broward County defendants are getting released from prison more quickly thanks to increased funds allotted to the county's pretrial services program. However, they are also spending more time under out-of-jail supervision awaiting resolution of their cases, which could potentially strain the county's resources and limit space for new defendants.

In recent years, the average amount of time that defendants spend in the program has been increasing steadily. In fact, in the first six months of this fiscal year, the length of stay increased 37% compared to last year.

About 8% of Florida inmates are getting released from jail and into the pretrial services program, which uses less expensive methods to supervise defendants instead of housing them in jail as they await trial, which costs upwards of $100 per day. However, supervision costs are 150% higher in Broward County as opposed to Palm Beach due to higher salaries and a higher level of supervision.

Broward pretrial release program gets mixed reviews, Miami Herald, June 4, 2009

Continue reading " Broward County Pretrial Release Program a Mixed Bag " »

Our Delray Beach criminal defense attorneys have just learned that five employees of the Department of Motor vehicles west of Delray Beach were arrested last Friday.

A task force headed up by the Palm Beach County State Attorney's Office was created to investigate the issuance of Florida driver's licenses to illegal immigrants. These immigrants all showed fraudulent passports and/or U.S.I-94 forms as identity and proof of presence in the United States to the DMV.

The Florida DMV employees have been charged with driver's license fraud, official misconduct, unlawful compensation and computer crimes. Each of those four felonies carries a maximum sentence of five years Florida State Prison. An affidavit from the Florida Highway Patrol states that the employees were paid for their role in this illegal scheme and were fired on Friday.

Delray Beach: 5 accused of issuing fake driver's licenses, South Florida Sun Sentinel, May 30, 2009

Five DMV employees arrested in driver's license fraud, South Florida Sun Sentinel, May 29, 2009

Continue reading " Delray Beach DMV Employees Arrested and Charged With Fraud " »