Florida Criminal Lawyer Blog

A transgendered person was arrested recently in Miami Gardens for allegedly operating without a medical license, ABC News reports.

This rather unusual criminal case in South Florida involves a 30-year-old man who identifies as a woman. The person was charged with injecting at least one woman with a mixture of cement, Fix-A-Flat tire sealant, and other substances in order to make the woman's rear-end larger.

Charges of operating medicine without a license in Fort Lauderdale is a felony and can be punished with time in prison. The allegations are serious, so a serious lawyer is needed.

A good Fort Lauderdale criminal defense lawyer must be experienced, and have successfully worked on a number of different cases, from theft to drug crimes, robbery and battery.

These cases can be among the most complex and require not only legitimate witnesses, but also well-documented paperwork that details what is alleged to have occurred. Without proper evidence, as in any criminal case, prosecutors may be forced to drop charges and exonerate the defendant.

In this situation, a woman experienced bad side effects allegedly because of a procedure that was intended to enlarge her behind. She went to the hospital after experiencing serious abdominal pain. She had a wound where the initial injection was placed and soon developed MRSA, contagious staph bacteria that can infect a person's skin as well as possibly invading other parts of the body. She also was diagnosed with pneumonia.

ABC News reports that even then the woman wasn't forthcoming with what happened to cause the symptoms. It wasn't until months later that the suspect was arrested in North Lauderdale. The article highlights several other cases where home-remedy situations have led to injury or death.

In January and February, women in New York City and Philadelphia allegedly injected patients with medications without a license. In Miami last year, a woman was arrested for a similar alleged act.

The Miami Herald reports that a second person was recently arrested in connection with the South Florida case. She allegedly assisted in the operation.

The newspaper reports that the second victim recently came forward alleging that the same person injected her as well. It's unclear if additional charges have been filed or if police are still investigating the allegations.

While many have laughed at the outrageous allegations and the fact that a person would be willing to go that far for enlarged buttocks, these are serious allegations. In Florida, it can be charged as a third-degree felony.

This level of felony can lead to a person being sent to prison or put on probation for up to five years. It can include fines and fees and possibly other sanctions. When a person is injured as the result of another person's actions, the penalties can be enhanced.

An experienced Fort Lauderdale criminal defense lawyer should be hired to investigate the situation to ensure the person's rights are upheld.

Continue reading "Tire Sealant Buttocks Makeover Allegations in Fort Lauderdale Lead to Serious Charges" »

Two Fort Lauderdale police detectives have been accused of stealing cash from drug buyers and sellers, lying about their cases and even kidnapping a man. Now, the Sun Sentinel reports, the state attorney's office is dropping charges related to those Street Crimes Unit detectives because of it.

There's no doubt that being a police detective is a difficult job. From Fort Lauderdale drug cases to burglaries and murder cases, investigators are charged with explaining and solving many crimes, regardless of the amount of evidence available.

They get pressure from the media, from their bosses, from the victim's family and others to make an arrest. And sometimes, they don't follow the rules. There are rules and laws that are specifically designed to ensure a defendant's rights are upheld. And while many in public want an arrest at all costs, they wouldn't if they were in the suspect's shoes.

It is well documented that innocent people get arrested, convicted and even executed. DNA has exonerated many men charged with sex crimes who spent decades in prison before the truth came out. That's just wrong.

Despite the many pressures put on detectives to try to make arrests and come to the right conclusion, they must not make a false arrest.

In this situation, the two detectives are listed as witnesses in cases against 112 defendants, 86 of whom face felonies. The Sun Sentinel reports that the details of those crimes weren't immediately available.

Prosecutors said they will not drop all charges against defendants involving the detectives, only those where they were the main witness. If they played a small role in a case, there are likely other officers who can step in and testify for the state.

The newspaper reports that 19 cases have already been dropped as a result of the allegations against the detectives. There are also two other officers who have been suspended with pay since April 18. The officers came under fire when two suspects were charged with possession of crack cocaine with intent to distribute at a hotel.

The two main officers signed an arrest form saying they arrested the driver and passenger and the two other officers showed up later. But hotel video showed that the officers ran up to the vehicle with guns drawn and the driver was in the car, but the "passenger" was in the hotel lobby. The video also showed that all four officers were present at the stop from the start.

Fort Lauderdale defense attorneys quoted by the newspaper believe that police in some specialized units have been abusing powers in minority neighborhoods for decades. It's possible that with these new allegations, more scrutiny will come down on law enforcement to ensure that suspects' rights are upheld.

While no one wants crime to run rampant in their community, they should also want the right people arrested. Our criminal justice system is based on a checks-and-balance system that appears to have worked here. But we hope that officers don't bend and break the rules just to make an arrest.

Continue reading "Fort Lauderdale Police Arrests Put Criminal Cases in Jeopardy" »

A 26-year-old woman was recently arrested in Fort Lauderdale after authorities contend she got into a fight with her ex-husband, tried to burn down his house and then run him over, NBC News reports.

Arson in Florida is considered a first-degree felony, which means it's punishable by up to 30 years in prison. Often, an arson charge can be reduced to a less-serious charge with the help of an aggressive and experienced Fort Lauderdale Criminal Defense Attorney, but it requires experience, dedication and knowledge of the criminal justice system to obtain the best results.

Along with two counts of arson, the woman is also charged with aggravated assault and burglary. According to the news report, the woman and her ex-husband got into a fight on Southwest 4th Court in Fort Lauderdale after which she allegedly set the house and his car on fire before trying to run him over.

The story is a prime example of a very bad day turning into a potentially devastating lifelong problem for a person. It's times like these when a team of former prosecutors should be called on to stand by your side. These are serious felony crimes in Broward County and could result in dozens of years of imprisonment.

That's why you should consult with an attorney as soon as possible. After police make an arrest, the state attorney's office has a certain amount of time to review the case and decide how they will file charges or if they will file charges at all. This is one of the most critical points of the case because having an advocate can result in some charges not being filed or less-serious charges being filed against you.

Think about it: If arson charges by police are reduced to criminal mischief charges by prosecutors you are in a better position to negotiate down the road. Not to mention, criminal mischief is a misdemeanor and arson is a felony. Acting quickly is important.

Domestic violence crimes aren't uncommon. According to statistics from the Florida Department of Law Enforcement, there were more than 6,800 domestic violence related crimes in Broward County and another 5,700 in Palm Beach County in 2010.

The U.S. Constitution requires that everyone has a defense and you should look no further. Consult today if you face these types of charges or any other criminal charges in Fort Lauderdale, Palm Beach County or elsewhere in South Florida.

Continue reading "Fort Lauderdale Arson Suspect Locked Up After Domestic Incident" »

Two South Florida residents were arrested recently on high-profile sex crimes involving children, one who allegedly exposed himself to young moviegoers and one who allegedly exposed herself to children near a bus stop, according to the Sun Sentinel.

Both defendants will no doubt face high scrutiny from the media and public, which will likely cause prosecutors to take a hard-line stance in their cases. A Fort Lauderdale criminal defense attorney will take an objective look at the facts and decide upon the best course of action.

In the case in Davie, a man is charged with exposing himself to a young girl at a movie theater. According to the newspaper, the man allegedly cornered a girl after a movie ended, showed her a badge, told her he was a police officer, and exposed himself.

According to the newspaper, the man allegedly later called the girl and authorities were able to trace his phone number to the call and match him with a police sketch.

In Pompano Beach, a Tamarac woman allegedly exposed her breasts to a group of children waiting for a bus. After being overcharged with lewd and lascivious exhibition, the woman's first appearance judge downgraded the charge to disorderly conduct.

According to the newspaper, the woman was spotted undressing near a group of children. The judge ordered that she undergo a mental health examination.

In both cases, an experienced West Palm Beach sex crimes law firm can be your best bet to fending off crimes that can expose you to years in prison as well as public embarrassment and sex-offender registration.

In cases involving allegations of sexual misconduct, often young adults or children are the state's most valuable witnesses. And as is the case sometimes, their testimony can be unreliable. Police may overstep their bounds in their treatment of the defendant. All these are factors that will be explored by aggressive and experienced defense attorneys in Broward County and Palm Beach County.

Continue reading "Fort Lauderdale Sex Crime Attorney Needed for High-Profile Cases" »

A criminal conviction could follow you for the rest of your life ... thanks in part to the Internet. Those facing felony charges in Palm Beach or elsewhere in South Florida have more reasons than ever to keep a conviction off their records. A conviction -- even a misdemeanor conviction -- can make it difficult to land a job and may even prevent you from renting an apartment in certain areas.

A Broward criminal defense attorney can frequently seek a reduction or dismissal of the charges. In all cases, he can accurately advise you of your rights and the potential consequences of a plea. Some charges may require you to register as a sex offender, for example, while others, like domestic violence, could prevent you from owning a firearm or joining the military or a law enforcement agency.

The New York Times recently reported the story of a 38-year-old woman who was convicted of robbing a video store in 1997 but who has had no further brushes with the law in the past 14 years. Still, even after training in medical administration and a degree in psychology, employers grow leery when they learn of her history through criminal background checks.

Her criminal record has cost her more than a dozen job opportunities since graduating from college last year.

Thanks in part to stiffer sentencing guidelines and less leniency for non-violent offenses like drug possession, the pool of applicants includes more people with criminal histories. And each year more than 700.000 are released from state and federal prison. About 65 million Americans -- or about 1 in 5 -- have some type of criminal record, according to the National Employment Law Project.

While checking an employee's background once required a trip to the courthouse, the Internet has made checking an employee's background both easier and less expensive. In a survey conducted last year, almost 90 percent of companies said they conducted a criminal background check on some or all applicants.

Advocates say such discrimination can include those charged with relatively minor offenses, such as DUI. And being a convicted criminal is not a protected class -- employers are not required to obey the same rules as they are for hiring women, minorities and those with disabilities.

In some cases, you may be able to have your criminal record sealed or expunged; speaking to an experienced attorney is the best bet for protecting your rights in the workplace and doing what you can to ensure that an old criminal conviction does not impact your current and future job prospects.

Continue reading "Criminal Record in Broward, Palm Beach can Impact Job Search" »

Each year, Florida and most of the rest of the states in this great union come out with the Uniform Crime Report. Virtually every year since Billy the Kid was shot in the back, Florida and the rest of the nation have reported a reduction in crime.

Somehow this never translates into a reduced need for law enforcement and prosecutors -- but crime is forever going down. The few media outlets who have studied the issue, generally have found questionable reporting tactics used to maximize state and federal grant eligibility. If you get a grant to fight crime, after all, the grantors want to see crime going down before you get your next check.

Our Fort Lauderdale criminal defense attorneys note this year is no different. Gov. Rick Scott and the Florida Department of Law Enforcement announced this week that crime dropped 6.7 percent last year.

“It’s clear that public safety is a Florida priority,” said Commissioner Gerald Bailey. “I applaud the work of our chiefs, sheriffs and state law enforcement; our partnerships have been instrumental in bringing the crime rate to record lows.”

Murders dropped 2.9 percent, forcible sex offenses were down 3.3 percent, robberies were down 15.6 percent, aggravated assault decreased 8.9 percent, burglary dropped 7 percent, larceny was down 4.4 percent, auto theft was down 17.5 percent and domestic violence was down 2.7 percent.

What they don't report is that Broward County has one of the 5 lowest clearance rates for major crimes in the state at 20.9 percent. In fact Miami-Dade (18.1 percent) and Palm Beach (21.1 percent) are also among the counties with the lowest clearance rates. In other words, only about 1 in 5 major crimes -- murder, forcible rape, robbery, aggravated assault, burglary, larceny, and auto theft -- were cleared based on 2009 date (which gives them the benefit of the doubt that not all of 2010 cases have been fully investigated).

Broward County (3.1 percent reduction)
Murder: 63
Forcible Rape: 439
Robbery: 3,137
Aggravated Assault: 4,958
Burglary: 17,354
Larceny: 46,243
Auto Theft: 4,717

Palm Beach County (11.3 percent reduction)
Murder: 83
Forcible Rape: 345
Robbery: 2,018
Aggravated Assault: 4,546
Burglary: 11,534
Larceny: 31,827
Auto Theft: 2,812

Florida's crime clock looks like this:
-A larceny occurs every 1 minute.

-Burglary occurs every 3 minutes.

-Aggravated Assault occurs every 8 minutes.

-Auto theft occurs every 13 minutes.

-Robbery every 20 minutes.

-Forcible sex offense every 53 minutes.

-A murder every 8 hours and 53 minutes.

-Forcible Rape every 1 & 38 minutes.

Continue reading "Palm Beach, Fort Lauderdale, Clear Among Lowest Percentage of Felony Crimes in State" »

The Palm Beach County Sheriff's Office is changing its policy on eyewitness identifications, after an investigation by the Palm Beach Post found a number of issues with how deputies identified suspects in such cases.

Our Palm Beach defense lawyers understand that witness identifications are frequently unreliable. This can be particularly true when law enforcement do not take care in preventing undue influence or otherwise acting inappropriately to influence the identification of a suspect. In many cases, an experienced attorney will challenge the results of such identifications. When successful, a reduction or dismissal of the charges often results.

The sheriff's office and state attorney are only now devising a police that incorporates the best practices outlined by the Department of Justice more than a decade ago. Other local law enforcement agencies are also being encourage to adopt such policies.

Mistaken identifications remain the leading cause of wrongful conviction. A lack of a uniform standard locally, means identifications may be handled in one jurisdiction, differently than they are in another.

The new policy being proposed by the sheriff's office would require blind administration -- meaning the officer who shows a potential witness a photo lineup does not know which photo is of the potential suspect. It also recommends other best practices, including a cautionary instruction that tells the witness a suspect may or may not be present.

A ranking officer said the sheriff's office has been reluctant to formulate a policy because deviations from a policy could result in defense wins in court. The investigation by The Post found just 3 of the area's 32 law enforcement agencies had a policy in place that incorporates the key components of the Justice Department's recommendations.

Meanwhile, the Florida Innocence Commission is considering a recommendation to change the law, which could force agencies to become more accountable when it comes to policies governing eyewitness identification.

Best practices in presenting lineups include:

-Telling a witness the suspect may or may not be present and that an investigation will continue regardless of identification.

-Make certain those in the lineup look similar, with no outstanding characteristics.

-Record the length of time it takes a witness to make a choice.

-Use blind administration, to ensure the officer presenting the lineup does not influence the witness.

Continue reading "Palm Beach Defense Lawyers Deal with Challenges Involving Eyewitnesses" »

A 62-year-old man is facing drug charges in West Palm Beach after authorities arrested him at a senior living community in connection with federal drug charges filed more than 30 years ago, according to the Miami Herald.

The defendant is accused of being a member of the infamous Black Tuna Gang, the biggest marijuana-smuggling operation of its time, when he skipped out on his federal trial. He was charged along with 13 others as part of the biggest pot importation case in the nation's history.

Our West Palm Beach criminal defense lawyers have seen an increase in the number of cold-case prosecutions in recent years. In large part because of the advent of DNA databases (to which many convicted felons must contribute a sample, thereby matching defendants to old crimes that would otherwise never be solved.) These cases often result in arrest and prosecution years or even decades after the fact.

In many cases, defendants mistakenly think statutes of limitations will prevent them from being prosecuted. This is often not the case. In this case, in which the defendant had already been charged but escaped prior to conviction, the government convicted him anyway. In other cases the government will often argue that time stopped, until such time that the defendant can be located and returned to face the charges. In cases that involve new charges, as when a defendant is newly identified after a lengthy period of time, lawmakers continue to pass laws permitting prosecution even after the statute of limitations would otherwise have passed.

Such cases create a significant hazard for a defendant: Witnesses are often dead or unable to be located and evidence is frequently lost or destroyed. Exercising your right to remain silent, and consulting with an attorney at the earliest opportunity, is usually the best course of action for protecting your rights.

In this case, the Herald reports the judge is still on the bench and the defendant was convicted in absentia of racketeering, possession and distribution charges.

A joint investigation by the Drug Enforcement Administration and the Federal Bureau of Investigation took down the gang in 1979; members were accused of smuggling more than 500 tons of marijuana into the country during a 16-month period.

Following his arrest, the defendant was released on $25,000 bond and took part in his trial for more than a month before disappearing. Authorities had information that he was living under an assumed name in Chile in 1993. He was later believed to be in Germany. In 2001, he was believed to be renting a New York penthouse for $10,000 a month.

Late last year, authorities discovered he had been issued a Florida driver's license under his own name.

Continue reading "Fugitive Arrested on Drug Charges in West Palm Beach Three Decades after Fleeing Federal Trial" »

Earlier this month, the Palm Beach County Sheriff's Office issued a warning to the public that misusing a laser lighting device is a third-degree felony. If the light is deliberately pointed at and harms someone operating a boat, car, or aircraft, it is a second-degree felony. And if the aircraft crashes as a result of the laser beam, it becomes a first-degree felony.

In the past year, the Palm Beach Sheriff's Office has fielded about 20 complaints about laser beams from pilots and air traffic controllers at Palm Beach International Airport. According to a spokeswoman for the sheriff's office, the most recent incident occurred on October 10 when someone shined a laser beam into the cockpit of a JetBlue flight for approximately two minutes over the Palm Beach Gardens area.

Those with information on the misuse of a laser are asked to report it to authorities.

Blind a driver, boater or pilot with a laser and get a felony, South Florida Sun Sentinel, October 14, 2009

Continue reading "Palm Beach County Felony Defense Attorney Discusses Lasers" »

Our South Florida defense lawyers recently heard about an incident involving reality TV starlet Tila Tequila (real name Tila Nguyen) and San Diego Chargers linebacker Shawne Merriman. Merriman allegedly tried to choke Nguyen when she tried to leave his home. She signed a citizen's arrest warrant accusing him of battery and false imprisonment. Both are felonies.

Merriman was arrested on Sunday morning and claims he was trying to protect her, because he thought she was drunk and didn't her to leave and hurt herself. Merriman statement said, "I in no way caused any harm to Ms. Nguyen, however, paramedics were called and she was examined but no injuries were reported."

Merriman and his attorney expect that the football player will be found blameless, while Nguyen's attorney predicts that will his story will be discredited. Prosecutors are still deciding whether to press charges.

Tila Tequila's lawyer blasts Shawne Merriman's denials, South Florida Sun Sentinel, September 9, 2009

Continue reading "Shawne Merriman Arrested, Lawyer Claims He Was Keeping Tila Tequila Safe" »