Florida Criminal Lawyer Blog

Here in Broward County, Florida, the State Attorney’s Office has filed seven counts of unlawful compensation against a former County Commissioner. She resigned from her post on July 6 after she learned there was a warrant out for her arrest. After turning herself in to Broward Main Jail, she was released on $24,500 bail.

According to the felony charges, the Broward woman voted at least a dozen times in favor of grants prepared by her husband, who received bonuses totaling $45,000 for his work on those grants. The grants were written on behalf of the town of Southwest Ranches.

If convicted, the felonies carry a maximum penalty of 75 years in jail and tens of thousands of dollars in fines. However, because she does not have a criminal record, it’s unlikely that she would be given the maximum sentence. She has two local attorneys representing her, one of whom has launched a legal defense fund to help her pay legal fees.

Source: Legal defense fund launched for former Broward commissioner, South Florida Sun Sentinel, July 26, 2010

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The Broward County Clerk of Courts maintains an archives and records library at the Broward County Courthouse in downtown Fort Lauderdale.

The following records can be obtained:

Application for Marriage (to establish age)
Certificate of Marriage (to establish proof of marriage)
Active Civil Case Files (Divorces, etc.), 1915-1980
Criminal Case Files (Felony only), 1915-1992 and select cases 1993-1997
Probate Case Files, 1915-1980

Download file

Broward County Clerk of Courts
Circuit Courts - County Courts
Archives and Records Library
201 S.E. 6th Street, Room 385
Fort Lauderdale, Florida 33301

Our South Florida criminal defense attorneys have learned that the Florida Supreme Court will hire a full-time lawyer and create a panel to study how systemic flaws in Florida courts have sentenced innocent people to jail.

The Florida Legislature is funding the commission for one year to the tune of $200,000. The commission will explore issues such as false confessions, eyewitness misidentification, jailhouse informants, and police interrogation.

Since 200, eleven Florida inmates who were wrongly convicted have been freed thanks to DNA testing and the work of the Innocence Project Florida. Another inmate was exonerated after he died of cancer on death row.

Four of those wrongly convicted inmates were from Broward County. Brevard County had two inmates freed.

Source: Why are so many innocent people convicted of crimes? Florida Supreme Court wants to find out, Palm Beach Post, June 14, 2010

Continue reading "Florida Gets Innocence Commission to Study False Convictions" »

Last month, the Supreme Court ruled on the issue of criminal restitution. Until that point, federal law had required that judges decide restitution in criminal cases within ninety days of sentencing. But on June 14, they ruled that judges may order restitution payments after the ninety days have expired provided they state beforehand that they plan to order restitution.

The court was split 5 to 4 in this decision. Interestingly, this ruling had traditionally conservative and liberal judges voting on the same side.

The issue of criminal restitution and the ninety day limit emerged after Brian Dolan pleaded guilty to federal charges of assault resulting in serious bodily injury. The judge sentenced him to 21 months in prison and three years of supervised release, but said he had insufficient information to order full restitution at the time of sentencing. (Restitution was mandatory in Dolan’s case.)

The judge ordered Dolan to pay the victim over $100,000 in restitution, but the order was issued after ninety days had elapsed. The Tenth US Circuit Court of Appeals upheld the restitution order.

Source: Supreme Court: judges have leeway on criminal restitution deadline, The Christian Science Monitor, June 14, 2010

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Our South Florida lawyers have learned that on Friday morning, a burst pipe at the Broward courthouse sent over a dozen employees fleeing from the gushing water. Several of the building’s nine elevators were out of service, and water was turned off for a few hours in the east wing of the courthouse.

Lawyers and staff in the State Attorney’s Office stepped over puddles and soaked carpets as they left the building. Because some of the fallen ceiling tiles had exposed asbestos, employees were asked not to return. They attempted to save legal files by stacking boxes of files on desks and other areas that were not under water.

According to a court administrator, the courthouse should return to business as usual today, though there may be delays in records requests due to water damage.

Source: Broken water pipe forces Broward courthouse workers to flee offices, South Florida Sun Sentinel, July 2, 2010

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Our South Florida criminal defense attorneys have learned that on Monday, the United States Supreme Court ruled that states and cities must allow citizens their Second Amendment rights. The 5-4 decision states that the right to have a handgun for self-defense “applies equally to the federal government and the states.”

During the 19th century, courts had ruled that the Amendment only applied to federal gun laws and should not impact local or state gun laws. That ruling has been overturned by this more recent decision, which legal experts say will no doubt lead to more firearms lawsuits.

In most states, residents (with the exception of those with a felony record or a history of mental illness) can possess a rifle or shotgun without a permit. But seven states forbid assault weapons or semi-automatic weapons. After the Supreme Court ruling, these restrictions may be challenged. We’ll be interested in seeing how the firearms laws impact South Florida.

Source: Supreme Court extends 2nd Amendment protection to state, local levels, South Florida Sun Sentinel, June 29, 2010

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With an important election looming in August, a columnist for the South Florida Sun Sentinel reports that Broward County judges are unusually testy. In recent years, Broward judges have jailed a court stenographer, a juror, and a defense attorney for contempt of court.

Perhaps it’s best not to test their patience, as one defendant did. During a recent hearing, this defendant reportedly made a crude remark to a Broward judge, who also happens to be running for circuit judge. The judge sentenced the defendant to 179 days in prison for contempt, and the defendant repeated the inappropriate remark.

Another defendant was sentenced to 120 days for contempt last December, but the judge reduced the sentence reportedly “in the spirit of the holidays.” These incidents all illustrate the importance of taking a court appearance seriously. Judges, especially those facing a difficult election, do not take kindly to vulgar remarks, disrespectful conduct, or inappropriate attire.

Source: The idiots' guide to navigating Broward court, South Florida Sun Sentinel, June 2, 2010

Continue reading "Broward Defense Attorneys Underscore Seriousness of Court Appearance" »

Our South Florida criminal defense lawyers have learned about a case involving a 9-year-old Labrador mix named Gigi who faces the death penalty for fatally biting another dog. The confrontation occurred in Weston on May 1. Broward County’s “one bit and you’re out” policy for dogs means that Gigi could be euthanized by lethal injection.

Gigi’s owner, an attorney, paid $500 to file an appeal. The owners of the dog was killed are pushing for the death penalty, since they’ve heard from other people that Gigi has had other run-ins involving smaller dogs. Her owner denies any violent history, saying he’d gladly keep her muzzled while outdoors if she were given a second chance.

Broward’s “dangerous dog” ordinance went into law two years ago, and it’s controversial, because it’s so much stricter than Florida state law, which allows two fatal attacks on animals before mandating euthanasia. The ordinance was upheld by a Broward Circuit judge and challenged by a ruling through an appeals court in West Palm Beach. Gigi remains in the custody of animal control.

Source: Does dog deserve death penalty for fatal bite?, South Florida Sun Sentinel, May 12, 2010

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On August 24, Broward County residents will vote in what’s being called a “judicial tsunami.” Forty-two candidates are running in 20 different races. Interestingly, Broward County has 10 Circuit Court judges running with challengers, only nine other Circuit Court judges throughout the state of Florida are running opposed.

The surge of candidates running in the judicial election is creating scheduling headaches for community groups that allow candidates to speak at their meetings. Some candidates also worry that with so many options, even informed voters may cast “blind votes” based on gender or the order that the names appear on the ballot.

Since judicial candidates are not allowed to discuss party affiliate, political ideology, or how they would rule in cases, it’s already challenging for candidates to distinguish themselves.

Source: Broward voters to decide 20 judicial races in August election, South Florida Sun Sentinel, April 1, 2010

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Our South Florida criminal defense attorneys have learned that a Palm Beach County man has pleaded guilty to filing false personal income tax returns. The United States Attorney's Office announced the plead on Friday.

The man owns a tax preparation and bookkeeping service and was indicted on three counts after he admitted to filing false personal tax returns with the IRS. The false tax returns understated his income between 2004 and 2006, saving him $77,000. As part of his plea agreement, the defendant has agreed to cooperate with the IRS and file amended tax returns for the period in question.

He is scheduled for sentencing on July 23 and faces up to nine years in prison (three years per count).

Source: Palm Beach County man pleads guilty to filing false income tax returns, South Florida Sun Sentinel, April 23, 2010

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With almost a month left for candidates to file to run for circuit or county judge in Broward County, this election is already showing signs of being unusually interesting race.

Traditionally, Broward County lawyers have shied away from running against an incumbent judge for fear of committing career suicide, but so far 12 sitting Broward judges have challengers. In the past two and a half decades, only 17 incumbent judges have faced challengers and only six have been defeated.

According to an article in The South Florida Sun Sentinel, this shift may be due to several factors, among them a courthouse gossip blog that eggs on lawyers to run for judge as well as the allure of a government salary and pension amidst a difficult financial climate. The salary of circuit judges is just over $145,000, while county judges earn $137,020 annually.

In the past few years, headlines have also painted an unflattering picture of several Broward judges, including one judge who was caught smoking marijuana in a Hollywood park and another who is accused of having inappropriate relations with the prosecutor in a death-penalty trial. We'll be watching with interest to see how this plays out.

Source: 12 Broward judges facing challengers in unprecedented judicial election, South Florida Sun Sentinel, March 30, 2010

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As the video above illustrates, Broward State Attorney Michael Satz does not take kindly to those who suggest he hasn't fought hard enough against public corruption. This is his 34th year as Broward's top prosecutor, and our Broward defense attorneys hear that Satz plans to run again.

Currently there are 32 corruption cases pending in the court system and 78 open and active investigations. Several prominent issues are in the pipeline, including an ongoing investigation against Broward Commissioner Diana Wasserman-Rubin and a case involving County Commissioner Josephus Eggelletion.

Though Satz protects the label that he is soft on corruption, he's finally realized that he needs to go public in order to combat this perception. He's appeared at two public forums on the issue of corruption and held a press conference. Satz is also pushing for a new law that would close corruption loopholes. Will it be enough to change his image? Time will tell.

Source: Broward State Attorney Satz still has work to do, South Florida Sun-Sentinel, March 6, 2010

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Our South Florida traffic attorneys have been following a story about former longtime federal prosecutor and current Palm Beach County Circuit Judge John Kastrenakes. As a judge Kastrenakes is relatively new but he's already considered a local hero against corruption.

Kastrenakes was involved in an altercation with the Florida Highway Patrol on September 18 when he was ticketed for driving the wrong way in a travel plaza parking lot. He allegedly told the trooper she was a liar and that her ticket would influence his opinion of troopers in court.

The highway patrol waited five months to report the incident, but the state attorney's office filed a motion last month to disqualify him from hearing a felony case against a man who was arrested by the highway patrol. Stating that "the public must have the perception of judicial fairness," Kastrenakes granted the motion for disqualification.

In our opinion, Kastrenakes probably should not have lashed out at the trooper, but he's human and we all have occasional lapses in judgment. In a way, it is good that a member of the Judiciary sees how an encounter with law enforcement is not always polite and professional.

Source: Judge Kastrenakes recuses himself from 7 FHP cases over traffic stop, Palm Beach Post, March 11, 2010

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Our Broward County Criminal Defense Attorneys have recently learned that the Broward County commissioners will tax property owners to help fund a new courthouse in Fort Lauderdale. The 50-year-old courthouse in downtown Fort Lauderdale had problems including rats and mold. County administrators say it would probably not survive another hurricane, so commissioners voted on Tuesday to continue with a $328 million project to replace it.

Beginning either this fall or in 2011, homeowners will pay an average of $8 on their tax bills. Because the taxes to pay for new libraries and parks will soon expire, commissioners say tax payers will not notice a difference in their tax bills. They also argue that the county does not get voter approval on big projects like the convention center or sports arena.

The new courthouse will include 75 courtrooms and judicial chambers and spaces for clerk of court and prosecutor offices. It will also have a parking garage to accommodate roughly 1,300 cars.

Source: UPDATE: Broward residents to be taxed to build new courthouse, South Florida Sun-Sentinel, February 2, 2010

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Our Florida criminal defense attorneys recently read about an experiment in Daytona Beach. Last Wednesday, Greater Friendship Baptist Church in partnerships with Volusia County Police opened its doors to wanted fugitives as a way to get some of the 4,000 people with warrants off the streets.

The church had a closed circuit TV connection to a judge at a Daytona courthouse. Dozens of people made a safe surrender, and most of them came in on minor crimes such as violation of probation or too many traffic tickets. Some of those people went to prison, but after police and volunteers checked their warrants, a few realized they didn't have a warrant after all.

The public defender, clergy, police, and the state attorney have already deemed the event a success and say they plan to repeat it in the future.

Source: Fugitives Turn Themselves In At Church, WFTV.com, January 13, 2010

Continue reading "Daytona Beach Criminal Lawyer: Fugitives Flock to Church for Safe Surrender" »

Last week, USA Today reported that the Supreme Court had reopened a 2009 case involving the question of whether criminal prosecutors who introduce lab reports of drug or blood evidence must call the analyst who prepared the report to testify. The original ruling last June stated that criminal defendants have the right to confront the witnesses against them; therefore, the analyst needs to present findings in live testimony.

However, the decision has gotten protests from a majority of states, who claim it has placed extra burden on their labs. The new case asks the justices to limit or overturn the 2009 decision, saying that prosecutors are reducing the charges or dropping drug charges altogether because states don't have enough lab analysts to provide witnesses in criminal cases.

According to the Virginia Supreme Court, the confrontation right is satisfied if the defendant has the chance to call a prosecution witness for cross-examining. But criminal defense attorneys say this puts on the burden on the prosecution to call the analyst. Our South Florida criminal defense lawyers will be interested in seeing how this issue plays out.

Source: States protest Supreme Court ruling on live testimony, USAToday.com, January 11, 2010

Continue reading "South Florida Criminal Defense Lawyers Discuss Supreme Court Ruling on Live Testimony" »

In Deerfield Beach, Florida, the north satellite courthouse in Broward County reopened this morning after a water pipe burst early Wednesday morning, forcing the courthouse to close for the day. The incident shut off water throughout the building, but there was no damage reported to the building. It is believed to be the first time the courthouse closed since Hurricane Wilma in 2005.

According to reports, water service has restored to the building and temporary repairs were made. Permanent repairs should be complete by Saturday, January 9.

On Wednesday, two judges stood outside and directed away people who had come to pay tickets, attend small claims court hearings, or get marriage licenses. Court dates are being rescheduled.

Sources: North Regional Courthouse Re-Opens Thursday, CBS4.com, January 6, 2010

Deerfield courthouse closed after pipe bursts, South Florida Sun Sentinel, January 6, 2010

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A November 17 ruling from the state's Judicial Ethics Advisory Committee says that Florida attorneys and judges should not be "friends" on Facebook, the popular online social networking site.

The committee ruled that online "friendships" could create a false impression that lawyers are able to influence their judge friends. A few members of the committee dissented on the grounds that Facebook relationships are more like a list of contacts rather than actual "friendships."

However, the committe ruled a judge can post comments on another judge's profile and a judge's campaign may have a lawyer as a "fan" during judicial elections.

While the Judicial Ethics Advisory Committee cannot officially mandate what judges do, a spokesperson for the Florida Supreme Court said most judges will probably follow the ruling out of caution and the need to appear impartial.

Source: Fla. judges, lawyers must 'unfriend' on Facebook, Associated Press, December 11, 2009

Photo courtesy of Facebook.com

Continue reading "Florida Ethics Committee Says Judges, Lawyers Should Not be Facebook Friends" »

Our Miami DUI defense attorneys have been following a news story out of Illinois. A judge ruled that the state law aimed at penalizing repeat DUI offenders by giving police the authority to seize their vehicles is unconstitutional. The judge ruled that the statute gives the state too broad an authority, saying the law violates the due process clauses protected in both state and federal constitutions.

The ruling came out of a case involving three men who claimed the law did not allow defendants to petition a judge for return of their vehicles until their drunk driving case was resolved. Seized vehicles are periodically auctioned off or assigned to local law enforcement officers for their use.

Anti-drunk driving groups say the damages imposed on the vehicle's co-owners or family members are far less than the greater public good. The county's attorney apparently hopes to appeal the ruling to the state's Supreme Court.

Source: Illinois Judge Rules Seizure of Drunk Drivers' Vehicles is Unconstitutional, DUI.com, November 25, 2009

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At Michigan State, nine football players have been charged with misdemeanors in connection with a fight that broke out at a fraternity potluck dinner last month. Each of the nine players is charged with one count of conspiracy to commit an assault and battery, punishable by up to one year in prison. The players also face at least one count each of assault or assault and battery, punishable with a maximum 93-day term in jail.

Two of the players who were charged with misdemeanors have been kicked off the team and five others were suspended. None of the suspended players will be able to play in the Alamo Bowl on January 2. Some wonder if charging several players is a legal strategy aimed at getting the truth out of the players, since charging one or two might not get the full the story about the altercation.

The incident is still under investigation.

Source: Legal strategy at issue in Michigan State altercation, Freep.com, December 10, 2009

Continue reading "Florida Criminal Lawyers Discuss Legal Strategy in Football Fiasco" »

A recent article in the New York Times discusses a growing phenomenon among the left and right wing people who believe that the criminal justice system has gotten too big for its britches. While some conservatives once supported the tough-on-crime stance of the Republican party, many now worry that prosecutors have taken things too far.

According to the conservative research group the Heritage Foundation, the federal code now includes more than 4,400 criminal offenses. Many of these offenses do not require prosecutors to prove criminal intent in the traditional ways. A book by a civil liberties attorney in Massachusetts states that all Americans violate federal criminal law every day, because it’s too vague.

Several upcoming cases will examine the boundaries of the federal government. For instance, United States v. Comstock will go before the Supreme Court in January and test whether Congress has the constitutional right to authorize the continued confinement of people convicted of sex crimes after they have served their criminal sentences. Our South Florida criminal defense attorneys will be interested in watching this case unfold and seeing how the issue develops over the next several months.

Source: Right and Left Join Forces on Criminal Justice, New York Times, November 23, 2009

Continue reading "South Florida Lawyers Examine Questions of Overcriminalization" »

Miami-Dade Public Defender's Office are overworked and giving inferior legal help to its clients, judges from the Third District Court of Appeal have ruled that they must continue handling minor felony cases. The appeals court rejected a request to transfer third-degree felonies to another state-funded legal defense agency.

According to Public Defender Carlos J. Martinez, the office's noncapital felony caseload increased by almost one third between 2003 and 2008. However, resources have decreased 11% from two years ago.

Last fall, a Miami-Dade Circuit Judge ruled that the office could refuse new third-degree felonies like grand theft auto, battery, and marijuana possession. This week's ruling has reversed that decision, saying that the Public Defender's Office could not violate defendants' right to representation. The ruling added that the courts are not an appropriate venue for a political statement about workload and lack of funding.

Martinez has said he will appeal the decision to the Florida Supreme Court.

Handle minor cases, public defender told, Miami Herald, May 13, 2009

Appeals court says Miami defender can't shed cases, PalmBeachPost.com, May 13, 2009

Continue reading "Miami-Dade Criminal Lawyer Learns Public Defender's Office Told to Continue Handling Cases" »

A Florida woman who was convicted of writing bad checks in 1996 once again faces jail time for failing to pay $240 in leftover court fees and fines. Across the state, courts are stepping up their collections efforts to make up for shrinking budgets.

Court clerks say the pressure is on them to ensure that the state gets every dollar it is owed. In the process, they’ve jailed thousands of people who failed to pay. According to state officials, some clerks use collection agents, and roughly a third use collections courts. In one county over 800 people were arrested last year because of court debts or failure to appear at collections court.

Several other states are looking to Florida as an example, but not everything thinks that squeezing defendants for court fees is a good idea. Rebekah Diller, deputy director of the justice program at the Brennan Center for Justice at the New York University School of Law compared the focus on collecting from defendants “to [getting] blood from a stone.”

As Courts Face Cuts, a Push to Squeeze Defendants, New York Times, April 6, 2009

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The wheels of justice at one of Florida's busiest courthouses are plodding through a soggy mess - again! A broken bathroom fixture on the eight floor of the Broward County Main Courthouse was the culprit this time.

The courthouse remained opened today but some hearings were delayed and the building sustained some minor property damage.

Broward County lawyers, Judges, courthouse workers and citizens faced a one week work stoppage in early December as a result of major courthouse flooding. The juvenile division of the Broward County State Attorneys Office faced damage last month as a result of a burst pipe.