Florida Criminal Lawyer Blog

A recent ruling out of New Mexico shows how critical filing and arguing a solid motion to suppress evidence or statements can be for a defendant. Having an experienced West Palm Beach criminal defense lawyer is key to getting it right in the courtroom.

In United States of America v. Carl Roy Burleson, the issue of interpreting an officer's fear and whether evidence should have been used against the defendant takes center stage.

A motion to suppress is a common pleading in felony cases, especially cases of murder in West Palm Beach. What it seeks to do is eliminate key evidence or statements by the defendant or witnesses from trial. An attorney will attempt to show police actions were improper and therefore the evidence that was collected shouldn't be shown to jurors at trial.

This can be a solid strategy, depending on the circumstances of the case and how police acted and whether they followed proper procedures and protocols. But the burden can be difficult. It really comes down to a case-by-case basis.

In this case, Burleson and friends were walking in the middle of the street in a Roswell, New Mexico neighborhood, carrying a Pitt bull without a leash. That aroused an officer's suspicion, who pulled them over to talk with them.

According to the officer's testimony, there had been a rash of pet thefts recently and that neighborhood had been ravaged with property crimes and a shooting in recent months. After talking with the people, the officer was satisfied the dog wasn't stolen and didn't intend to cite them for walking in the middle of the street, but told them not to do it.

The case comes down to what happened next. According to the court file, the officer then asked for the names and identification of the three people to run a warrants check. Upon hearing back from dispatchers, the officer found that Burleson had an outstanding warrant. When he was being handcuffed, he told the officer he had weapons on him, which he did and which the officer confiscated.

That led to the man facing a charge of a possession of a firearm by a convicted felon. But he and his attorney filed a motion to suppress, saying that the guns and ammunition were unlawful seizure under the Fourth Amendment, which guarantees that a person can't be searched without probable cause.

The judge agreed and suppressed the evidence, which essentially wiped out the charge for prosecutors. But they appealed. The Tenth Circuit Court of Appeals reversed the decision, letting back in the evidence.

While the lower court judge had ruled that the officer, by his own admission, had no fear of the suspects but was simply doing his job, the appeals court found that based on officer-safety concerns, he had the right to seek identification and a warrants check.

The case has been sent down with the evidence in play, but it's unclear what the cases future will be. What the case shows is that a motion to suppress can go a long way toward seeking justice for a defendant. When police overstep their bounds or go too far in peppering a suspect for information or evidence, a motion to suppress can correct that mistake at the court level.

Continue reading "Motions to Suppress in West Palm Beach Highlighted in United States v. Burleson" »

A Fort Lauderdale police officer was recently arrested on charges that he committed perjury and falsified a police report, the Sun Sentinel reports.

While most people in the public want to think police officers are infallible and their word should be taken with 100 percent certainty, that simply isn't the case. Like lay witnesses who are called in to testify at trial, police officers can make mistakes. In some cases, they intentionally skirt the truth, but by and large they do a good job and it's usually only a few bad apples who spoil the bunch.

In situations in which a person faces criminal charges in West Palm Beach, he or she must have solid defense representation at every step of the process. And that only comes from hiring an experienced West Palm Beach Criminal Defense Lawyer. Whether someone faces drug charges, theft charges or even murder in Fort Lauderdale, the actions of police officers who work on the case must be questioned.

In this case, a 28-year-old patrol officer who has been on the force for the last two years, was arrested and recently released from jail after posting bond. According to the newspaper, the case stems from a 30-year-old man who was arrested in September 2010.

According to the police reports, the man was pulled over for driving with a suspended license after being stopped for driving a vehicle with an expired tag. Three officers worked on the case and the one who was charged is the one who drove him to the jail and filled out the reports that state he saw the man driving.

However, another officer testified in a deposition under oath that he was the officer who pulled the man over and that the other officer couldn't have seen the man driving because he responded as backup. GPS records confirmed the other officer's statements and the charges against the man were dropped.

The good news here is that at least the other police officer was honest and sought to do the right thing rather than form a cover-up situation. As previously mentioned, most law enforcement officers seek to do the right thing, whether the case gets solved or not.

Even if there aren't any allegations of impropriety on the part of the police officers involved in any particular case, it is important for an experienced West Palm Beach criminal defense attorney to inspect the case closely and look for possible problems with police procedure.

While some in the public think that the police should use any means to get the evidence that is to be used against a defendant, the courts, fortunately, disagree. Judges have ruled time and time again that there are certain regulations officers must follow in order to ensure a defendant's rights are upheld. If they violate the rules, evidence they collect can be thrown out and not used against the person at trial.

Continue reading "Fort Lauderdale Police Officer Faces Perjury Charges" »

In Boca Raton recently, a man was arrested after being accused of robbing a landscaper at gunpoint. Two other men are accused of participating in the heist.

According to police, the landscaper was working on a house's yard when a gold sports utility vehicle pulled up next to his equipment. When he allegedly approached the SUV, a person pulled out a gun and pointed it at him while two others stole the man's equipment and drove off. Police say the victim wrote down the SUV's license plate and called police, who tracked the vehicle to one of the men.

Eyewitness testimony can be inherently faulty and unreliable, which is why an experienced Fort Lauderdale criminal defense lawyer must be called in to scrutinize the witness and challenge what they said they saw at the scene. This form of evidence from the state is particularly frustrating when dealing with cases of shootings in Broward County. When a shooting takes place, it is rare that someone would get a clear view of the person firing shots because most people would be ducking and hiding as to not get hit.

And sometimes it's secondhand knowledge that gets passed on to police as rumors circulate in the neighborhood, leading to a person making an identification for police based on someone else's observations. This is dangerous, as a person's liberty and freedom is at stake.

New Jersey court officials made a bold step recently, reports The New York Times, by making sweeping changes to the rules that govern how witness testimony should be considered, saying there is a "troubling lack of reliability in eyewitness identifications."

The New Jersey changes include more scrutiny for eyewitnesses who are presented as possible witnesses in criminal cases. According to the newspaper, whenever a defendant presents evidence that a witness identification of a suspect was influenced, a hearing must be held to consider the lighting, the time that elapsed since the crime or whether the victim felt stress while being identified. This includes pressure from police to make an identification.

When disputed evidence is admitted into trial, the judge must tell jurors about the influences that could heighten the risk of misidentification. In the past, judges held hearings, but they weren't nearly as specific. Judges will now be able to review a wide range of factors that could pin down how good of an identification the witness made, including the duration of the crime, whether the witness was under the influence of drugs or alcohol, how far away the suspect and witness were and other factors.

The New York Times suspects that while this change will only effect New Jersey cases for now, it could eventually pave the way for other states to take a similar approach. The decision was made after a review of cases and more than 2,000 studies on the topic. New Jersey's high court has been a trailblazer in other criminal matters as well.

Let's hope that Florida's Supreme Court will look at the issue and themselves determine how unreliable witnesses are in criminal cases. There are many times when the police's main witness is somewhat unsure of who he or she saw commit a crime, but officers nudge them in the direction they want them to go with suggestive words. Other times, they simply aren't sure, but want to help police make an arrest.

Whatever the reason for a misidentification, it is costly and the wrong way to treat the criminal justice system. If a person is to be convicted of a crime, the state must have proof beyond a reasonable doubt, not a guess.

Continue reading "Eyewitness ID in Boca Raton Criminal Cases Must Be Challenged" »

While dressing for success may be falling out of fashion, it is possible for defendants to dress like they are ready to go to jail. As the Sun-Sentinel reports, increasingly casual dress in local courtrooms is not always the best way to make an impression on a judge.

Our Broward County criminal defense attorneys tell clients what to expect. And yes, we tell them how best to dress. We also tell them not to post anything on Facebook they don't want to explain in court. Or to their mother.

This in addition to actually fighting for their rights from a legal standpoint.

As one woman found out, showing up with curlers in your hair, a shower cap, and slippers is not the best way to approach a judge who is about to decide your future. Few courthouses insist upon it anymore. The Broward County courthouse in Hollywood makes an attempt, with signs saying "No tank tops."

Though they insist dress does not impact a case's outcome, each judge is different. One said baggie pants won't cut it; she refuses to hear a case if she can see a defendant's underwear. In Palm Beach, defendants wearing t-shirts with offensive messages may be told to turn them inside out.

Court decorum differs by court and by state. Miniskirts won't cut it in Ann Arbor, while in Trophy Club, Texas, body piercings, bathing suits and tattoos won't fly. Neither will lingerie or pajamas.

But regardless of what a court insists upon, listening to your attorney about what to wear is just one more way you can get your money's worth.

Continue reading "Listen to your Criminal Defense Lawyer in Broward County: Dress for Success in Court" »

Our South Florida criminal defense attorneys have learned that a Fort Lauderdale lawyer has been nominated to be Florida’s next statewide prosecutor. A judge and another lawyer were also nominated. According to the South Florida Sun Sentinel, five applicants were interviewed in Tampa on Thursday, and the three finalists were announced by the Supreme Court Nominating Commission last Friday.

Once Attorney General-elect Pam Bondi takes office on January 4, she will make the appointment to a four-year term, choosing from among the following nominees: Haccord J. Curry Jr., assistant general counsel for the Department of Juvenile Justice in Fort Lauderdale; Miami-Dade County Judge Andrew S. Hague, and Nicholas Bernard Cox, regional director for the Department of Children & Families in Tampa. As former prosecutors ourselves, we'll be interested in seeing who Bondi chooses.

Source: Fort Lauderdale lawyer nominated for statewide prosecutor, The South Florida Sun Sentinel, December 13, 2010

Continue reading "Three Finalists Named for Florida Prosecutor Position" »

In Hallendale Beach, a father was sentenced to 20 years in prison after leaving his 9-month-old daughter in a car outside a Florida race track. He returned to find her dead. On the advice of his attorney, he pleaded guilty to aggravated manslaughter of a child. His sentence of 20 years is the longest sentence handed down for this type of crime anywhere in the country.

The sad reality is that these types of cases are not terribly uncommon. In fact, as of mid-October of this year, 49 children had died this year alone after being left in cars for too long. Eight of those cases were in Florida, and about one-sixth overall occur in this state.

Further, the law is enforced inconsistently across different counties. Some caregivers are never charged, while others, like the 27-year-old father mentioned previously, are sentenced to jail time. Miami-Dade prosecutes every case, while other jurisdictions do not file criminal charges in similar cases. It’s a complicated issue, because in most cases, the parent had no malicious intent. They may be otherwise loving parents who regret that absentminded moment for the rest of their lives.

Source: Babies left in hot cars: Accident or crime?, Miami New Times, October 14, 2010

Continue reading "Miami-Dade Lawyers Discuss Case of Baby Left in Car" »

A disagreement between an Assistant State Attorney and a Broward Circuit Judge could result in the removal of the judge from all 455 of the prosecutor’s cases. Courtroom tension mounted on September 22, as the judge ordered the prosecutor to “have a seat” at the prosecution table after she reportedly objected to his handling of a defendant’s case.

The defendant was in court for an open plea on charges of cocaine possession, resisting arrest, and habitually driving with a suspended license. Though the judge had agreed to formally convict and sentence him, he hinted that he might withhold the conviction to avoid suspending his license again, since the defendant had received a hardship license for business purposes.

The prosecutor objected and the judge gave her what has been described as a “judicial timeout.” According to the State Attorney’s Office, he also undermined the attorney by drastically reducing the sentences of three other defendants whose cases were being prosecuted by the attorney. The State Attorney’s Office appealed to the Fourth District, which put the case involving the judge and the prosecutor on hold. The office has also requested that the judge remove himself from the lawyer’s other cases, because it is believed that judge lost his neutrality and became an advocate of the defendant.

Source: Broward prosecutors trying to kick judge off 455 cases, South Florida Sun Sentinel, October 5, 2010

Continue reading " Broward Judge Could Be Removed from Over 400 Cases" »

Our Miami criminal defense attorneys have learned that as part of Miami-Dade Circuit Court’s centennial celebration, actors recreated the notorious case of State of Florida vs. Alphonse Capone, Case No. 621. The reenactment occurred on Tuesday.

Miami officials arrested gangster Al Capone four times in May1930 before he stood trial for perjury in a three-day trial in July 1930. The judge acquitted Capone, sending the crowd gathered in the courtroom to cheer. After the trial, Capone moved from his Miami Beach home to a 35-acre plot he owned in Broward County. He was imprisoned for tax evasion and served several years in jail before returning to his home in Palm Island.

Source: Gangster Al Capone's 1930 trial to return to Miami court, South Florida Sun Sentinel, September 27, 2010

Continue reading "Al Capone Trial Reenacted in Miami Courtroom" »

Earlier this month, a stand-off between two angry motorists left a 33-year-old man dead. The Broward Sheriff’s Office says the case is closed and the shooter will not be charged because investigators determined that he acted in self-defense.

Florida’s ‘Stand Your Ground’ law states that a person may shoot to kill if he or she feels in danger of death or great bodily harm. According to witnesses, the slain man jumped out of the Honda Civic his girlfriend was driving and charged towards the shooter’s Toyota Tacoma and tried to open the door to grab him. He was only holding a cigarette lighter in his hand, but he was fatally shot in the heart.

A criminal defense attorney not involved in the case said that the shooter was in the clear after the victim reached into the truck. Prosecutors have fought the ‘Stand Your Ground’ law, saying it can be misinterpreted and manipulated. Prior to 2005, Florida residents only had to the right to fight back in the their homes, but a new law passed in 2005 allows them to do so regardless of location.

Source: Florida law backs shooter in Pompano road rage case, South Florida Sun Sentinel, September 17, 2010

Continue reading "Pompano Beach Lawyers Discuss Florida Road Rage Case" »

Competition is underway in the battle to win a $35 million contract to build a 1,000-space parking garage at the new Broward County Courthouse. That $35 price tag does not include a covered walkway, which is considered by some courthouse personnel to be a must-have. This is currently the county’s largest public building project, so contractors are eagerly vying for a piece of the pie.

The three bidders involved in the project have hired lobbyists to raise awareness about the benefits of their plans. All three also say their proposals would be completed by Broward County’s September 2012 deadline.

The garage is the first part of the courthouse building project, which has an estimated $330 million budget. As Broward criminal defense lawyers, we'll be interested to see how plans for the new courthouse evolve.

Source: Major players vie to build new Broward Courthouse parking garage, South Florida Sun Sentinel, September 8, 2010

Have you been charged with a crime such as DUI or domestic violence? Contact the Fort Lauderdale criminal defense law firm of Leifert & Leifert to discuss your legal options.

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

Continue reading "Former Broward Commissioner Charged with Seven Counts of Felony" »

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

Continue reading "South Florida Lawyers Discuss Criminal Restitution Ruling" »

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

Continue reading "Broward Courthouse Workers Forced Out Due to Flooding" »

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

Continue reading "Supreme Court Rules on Gun Rights" »

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

Continue reading "Broward Dog Face Death Penalty for Fatal Bite" »

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

Continue reading "Broward County Facing “Judicial Tsunami” in August Election" »

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

Continue reading "South Florida Man Pleads Guilty to Filing False Tax Return" »

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

Continue reading "Broward County Judges Face Unprecedented Opposition " »

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

Continue reading "Broward County State Attorney Fighting Public Perception" »

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

Continue reading "Palm Beach County Judge Disqualifies Himself from FHP Cases" »

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

Continue reading "New Broward Courthouse Will Be Partially Funded by Residents' Taxes " »

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

Continue reading "Pipe Burst Forces Closure of Deerfield Beach Courthouse" »

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

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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

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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

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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

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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.