Florida Criminal Lawyer Blog

Last month, Broward prosecutors announced that they would not file charges against Florida native and football legend Michael Irvin, who was accused of rape earlier this year. According to a memorandum, a lack of medical evidence and irregularities between what the accuser and others said were factors in the decision.

Although the woman passed a polygraph test which was reviewed by several experts, polygraph cannot be submitted as evidence in a criminal case. There was no medical evidence that the woman had been raped and she reportedly waited over two weeks to report the incident to police. The only legally admissible evidence was the woman's statement and her apparently emotional state. A lawyer for Irvin has filed a civil lawsuit against the woman for allegedly trying to ruin the football player's reputation and career.

Irvin's prior legal issues include pleading no contest to drug charges in 1996. He and a teammate were also accused of sexually assaulting a woman, but the woman later retracted her story after an investigation proved she had made it up.

Source: Broward prosecutors decline to file charges against Michael Irvin, Miami Herald, February 25, 2010

Continue reading "Lack of Medical Evidence Leads Broward Prosecutors to Drop Rape Accusation Against Michael Irvin" »

Our criminal defense attorneys recently read an article on South Florida's fugitive unit. The region apparently attracts fugitives for several reasons. One is that South Florida is a relatively easy place for foreign criminals to enter without permission. Another is that South Florida's multiracial, multilingual environment makes it easier for fugitives to blend in.

According to a supervisory deputy, marshals captured roughly 36,000 federal fugitives in 2008 and assisted in the capture of 73,000 state and local fugitives. Many of these arrests occurred in South Florida. During a 10-week period in 2008, marshals collaborated with officers from the Florida Regional Fugitive Task Force and arrested over 2,000 people on outstanding warrants for crimes such as murder, rape, and gang violent. The campaign was called Operation Orange Crush.

Marshals says they are able to track fugitives based on friend or family connections or if they try to use a credit card or buy property. Getting stopped for a traffic violation can also result in a fugitive arrest.

Source: Rogue roundup: Marshals lasso many in South Florida outlaw haven, Palm Beach Post, January 21, 2010

Continue reading "Miami Law Firm Discusses Fugitives in South Florida" »

By now, most of us have seen video clips of the University of Florida student who was tasered and arrested at a John Kerry forum in 2008. But while the verb "tase" has become part of our pop culture lexicon, Tasers can inflict serious harm. That's why a recent editorial decries the use of Tasers by police, particularly in cases where the suspect has not resisted arrest.

According to the editorial, over 350 people have died in Taser-related incidents. In some case, a 17-year-old died when officers tasered the teen without talking to or identifying him. Tasers by definition give a sudden shock to the central nervous system which not everyone can withstand.

Our South Florida criminal defense law firm is very concerned about this issue and urged police officers to treat Tasers as they would any other potentially lethal weapon.

Source: Don't Tase us, bro, ConnectSavannah.com, February 16, 2010

Continue reading "South Florida Defense Attorneys Discuss Taser Hazards" »

A Florida defense attorney requested that a judge suppress Vero Beach's use of search warrants to take blood samples in drunk driving cases, and according to a court order, the county judge refused his request. The issue came about late last year, when city police officers began using search warrants for drivers who refused to take a Breathalyzer test.

After two people were arrested, the DUI defense lawyer filed a court challenge, arguing that blood could not be deemed property that is subject to search warrants. The first time a driver refuses a Breathalyzer test, the state of Florida can take away the person's license for a year. A second refusal is a criminal offense and subjects the driver to a jail sentence of up to a year.

However, a US Department of Transportation report from 2008 shows that an estimated 40% of people refuse a Breathalyzer test, making Florida the third highest state in the nation for people allegedly driving drunk and refusing a Breathalyzer test. The national average is around 22%.

Source: Ruling means Vero Beach can still use warrants to get blood samples in DUI cases, South Florida Sen Sentinel, February 1, 2010

Continue reading "Vero Beach Ruling Allows Search Warrants for Blood Samples in DUI Cases" »

Cell phone use while driving has been in the news a lot lately, thanks in part to a recently announced Department of Transportation ban on text messaging while driving for interstate truckers and bus drivers. Here in Florida, Palm Beach County commissioners are considering a ban on cell phone use while driving and on roadside panhandlers.

However, they'd have to overcome serious legal hurdles in the process.

For starters, the county does not have the authority to ban handling on city and state roads that crisscross the county, so the ban would only apply to county roads. And to be legal, the ban would also have to apply to roadside fundraisers like sports teams and community groups. In addition to that, the county attorney's office claims that state law prevents local communities from banning cell phone use while driving, even though other South Florida counties have considered text messaging bans.

Source: Palm Beach County considers ban on roadside panhandlers and drivers using cell phones, South Florida Sun-Sentinel, February 2, 2010

Continue reading "Florida Traffic Attorneys Discuss Possible Cell Phone Ban" »

Police in Hillsboro Beach and Lighthouse Point have added stationary license plate scanners to record tags within or entering the city. They say the cameras will help them locate stolen cars, fugitives, or people under restraining orders, not to catch drivers who speed or run red lights. Police add that it's unrealistic to position an officer on every street corner and cameras give officers another way to monitor activity without having a physical presence.

But some local residents and members of the American Civil Liberties Union say the strategy could backfire if it redirects crime to other areas or violates the privacy of law-abiding citizens in that area. Police counter that there is no expectation of privacy in a public place.

Lighthouse Point and Hillsboro Beach are the only agencies in Broward County that have opted for stationary cameras. Police in Coconut Creek, Plantation, Coral Springs, and Sunrise use portable scanners to record individual plates at the discretion of the officer. Several other agencies are testing systems of their own.

Source: Lighthouse Point, Hillsboro Beach add cameras to scan license plates entering their cities, Palm Beach Post, January 4, 2010

Continue reading "Two Florida Police Agencies Add Cameras to Scan License Plates" »

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" »

Our South Florida DUI defense attorneys read a recent article about highway deaths and DUI arrests on Florida's Treasure Coast. According to law enforcement officials, there were no highway deaths on New Year's Eve 2009 and relatively few DUI arrests compared to past years.

The Port St. Lucie Police Department and the Indian River County Sheriff's Office each reportedly arrested four people for DUI. Fort Pierce Police made two DUI arrests and Vero Beach Police made one arrest overnight.

Police cited the increased presence of Florida Highway Patrol as one of the main factors in the decreased number of DUI arrests. However, there were dozens of noise and disturbance complaints phoned in over the course of the evening.

Source: No New Year's Eve Highway fatalities, DUI arrests few on Treasure Coast, TCPalm.com, January 1, 2010

Continue reading "Few DUI Arrests on Florida's Treasure Coast New Year's Eve" »

Our Miami criminal defense attorneys have been following the story of the attempted bombing of a Northwest Airlines jet during the holidays and are interested to see how this will impact passengers here in Florida. The Miami Herald reports that the Miami and Fort Lauderdale airports will likely get additional scanners later this year.

The Transportation Security Administration is planning to add 450 more scanners nationwide, and the recent bombing attempt has made members of the Senate Homeland Security and Governmental Affairs Committee more resolute on the need for airport security. Says Sen. Joe Lieberman, "we may not be so lucky next time, which is why our defenses must be strengthened."

However, the American Civil Liberties likens the scanners to an electronic strip search. And some worry that allowing TSA officials to single out passengers for additional screenings could criminalize the innocent based on ethnicity or physical traits. The TSA assures people that the scanners cannot save, print, or transmit images to protect people's privacy.

Source: South Florida airports may get additional scanners, Miami Herald, December 30, 2009

Continue reading "Airports in South Florida Could Get More Scanners" »

Last month, a Florida man shot a black bear near his home in Shalimar. Although there is no legal means of killing a bear in Florida, the Florida Fish and Wildlife Commission makes recommendations on whether the person should be charged. In this case, the bear reportedly lunged at the man popped her teeth.

A report from the commission says the 52-year-old man thought she was going to attack and shot her to defend himself, not intending to kill the mother bear. The report also states that the man was unsure who to call to report the incident, so he called his neighbor, an Okaloosa County Commissioner. The neighbor called the Florida Fish and Wildlife Commission to report a bear in the area, and the man called the agency the next morning to report the shooting.

Although some local conservationists have criticized the man for killing the bear, the Florida Fish and Wildlife Commission has recommended against criminal charges for the man.

Source: 7:00 P.M. UPDATE: Man who shot mother bear won't be charged (REPORT), NWFDailyNews.com, December 8, 2009

Continue reading "No Criminal Charges Filed Against Florida Man Who Shot Bear" »

Our Pompano Beach attorneys are following a developing news story about the city's potential plans to form its own police department. According to the South Florida Sun Sentinel, the Broward Sheriff's Office sold cities on its ability to offer police protections for less than local governments; however an audit in May discovered that Broward County paid over $21 million to subsidize police and fire services in the 14 cities contracting with the sheriff.

Leaders in Pompano Beach believe that ending their decade-long relationship with the Broward County Sheriff's Office and hiring its own officers may help the Pompano save money. The city pays the Sheriff's Office $38.8 million for its police services each year, but a study conducted in July shows that re-creating a Pompano Police Department could cost $64.9 over the first two years.

If Pompano Beach follows through on its plan, it would become the first city in 15 years to end its police service contract with the Broward Sheriff's Office.

Source: Pompano considers ending contract with Sheriff's Office, South Florida Sun Sentinel, December 1, 2009

Continue reading "Pompano Beach Criminal Lawyer: City May Form Its Own Police Force " »

In Florida, a Lake Worth woman was arrested on Friday after turning herself in at the Palm Beach County Jail. The former employee of the Palm Beach County Clerk and Comptroller's Office was arrested on charges of altering driving records while was working at the courthouse in Belle Glade.

In July, clerk staff reviewed traffic records and noticed a discrepancy between clerk records and those of the Department of Highway Safety and Motor Vehicles. Following an audit, the clerk's office discovered that the 27-year-old had improperly cleared driver's license suspensions ten times earlier this year.

The improperly cleared suspensions were re-entered correctly, and the woman was fired on July 31. Her case was turned over to the Florida Department of Law Enforcement.

Source: Belle Glade court clerk charged with illegally fixing driving records, Palm Beach Post, December 4, 2009

Continue reading "Palm Beach Police Arrest Former Court Clerk on Charges of Altering Driving Records" »

Police in West Palm Beach will soon have a new weapon against crime. According to the local media, a new radio system will link bouncers at downtown clubs with security guards at condo complexes and, if needed, local police. Bouncers will have the ability to radio each other and warn about disorderly conduct and, if things get particularly unruly, radio police officers downtown without going through the dispatch.

According to Lt. Randy Maale, the entertainment district unit commander for the West Palm Beach police, the system has been tested in an experiment with 10 downtown condo buildings. He plans to roll out the system to a wider number of businesses over the next few months.

The director of security operations for Trump Plaza of the Palm Beaches said the radios have already made an impact compared to last year, but most the activity reported was vandalism. The owner of several Florida nightclubs said he predicts the new system could help prevent crimes by being proactive and improving the safety of the downtown area.

Source: New radio system links police with bar bouncers, condo commandos in West Palm Beach, South Florida Sun Sentinel, November 30, 2009

Continue reading "West Palm Beach Criminal Lawyers Discuss New Radio System " »

Following a car accident at 2:25am Friday morning, golf superstar Tiger Woods has stayed mum on what happened. He reportedly drove his 2009 Cadillac Escalade into a fire hydrant and a neighbor's tree. Officers responded to a call from Woods' neighbor and found him bruised and bloody near his home in Isleworth.

The Florida Highway Patrol is planning a news conference for 3pm today.

Neighbors for the Woods family said through their attorney that they noticed no indications that fighting or alcohol or drugs were a factor in the car accident. Despite this, troopers went into the Woods' home in an attempt to figure out what happened leading up the accident. The Woods' lawyer met troopers in the driveway and told them his client was unavailable. The attorney also announced that Woods was cancelling interviews. Instead, Woods posted a note on his website stating that accident "is a private matter and I want to keep it that way."

Sources: Tiger Woods' neighbors helped him after crash; FHP calls news conference, Orlando Sentinel, December 1, 2009

Tiger Woods on accident: 'Situation is my fault' ; lawyer Mark NeJame tells police that interview is canceled, South Florida Sun Sentinel, November 29, 2009

Continue reading "Lawyer for Tiger Woods Cancels Interview, Florida Highway Patrol Calls News Conference " »

A drug trial in Florida earlier this year ended in a mistrial after the judge discovered that nine jurors had ignored instructions not to do their own research online. Increasingly, jurors are conducting Google searches on defendants, digging evidence that may have been intentionally excluded, and checking Wikipedia for definitions of legal terms.

This new phenomenon scares judges so much that legal experts have created a new term: "Google mistrials."

Retrials are expensive and can create a blacklog. But more importantly, when jurors do their own sleuthing, it can undermine the justice system and deprive dependants of a fair trial. Prior convictions are generally not admissible in court, yet if jurors Google a DUI defendant they might discover that the defendant has a history of prior convictions and that can taint their opinion. Of course, that information could be incomplete or completely inaccurate. It's an issue that lawyers and judges will be facing more and more as an increasing number of jurors become tech-savvy.

Source: Mistrial by Google, Boston Globe, November 6, 2009

Continue reading "Criminal Defense Attorney in Broward County Discusses 'Google Mistrials'" »

In a Marion County Courthouse earlier this month, a Florida criminal defense lawyer was reportedly handcuffed and arrested by a court bailiff. Henry Ferro says Anthony Riggins violated his civil rights by touching him without permission and falsely arresting him. Ferro was in court to help a client enter a change of plea on a violation of probation when the bailiff told him to move into the audience area.

The lawyer apparently left the courtroom, and Riggins followed him outside, where he arrested him. Riggins was put on suspended leave with pay after the incident. Ferro, who formed criminal defense law practice in 2001, filed a complaint with the Ocala Police Department and contacted the State Attorney's Office about possible criminal charges.

The incident remains under investigation.

Continue reading "Florida Criminal Defense Attorney Seeks Recourse for His Arrest" »

Our Delray Beach Florida criminal defense lawyers have been reading about Atlantic High School's Criminal Justice Academy. Since 2002, the Academy has helped Delray students interested in law enforcement to learn more about the field. Students learned about what it takes to be a police officer and how to write traffic tickets, preparing them to major in criminal justice or other fields. Due to budget cuts, however, the Delray Beach had considered eliminating the program.

But the Edward Byrne Memorial Justice Assistance Grant, totaling $70,375, will allow the criminal justice program to continue.

The Delray Beach police department also received a $289,582 grant to help fund the Holiday Robbery Tack Force, reconfiguring driving simulators, and additional police vehicles. The United State Department of Justice allows state and local government to support a range of activities to prevent and control crime. Both grants are from the Department of Justice.

Source: Grant helps save Criminal Justice Academy at Delray Beach high school, South Florida Sun Sentinel, October 28, 2009

Continue reading "Delray Beach Criminal Lawyer - Atlantic High School Criminal Justice Academy Saved by Grant " »

According to the South Florida Sun Sentinel, the city of North Lauderdale is in discussion with the Broward Sheriff's Office about a contract that would put inmates to work for the city. The Vice Mayor suggested that inmates could trim and plant trees, clean up litter, or repaint city walls and electrical boxes covered with graffiti.

Lauderdale Lakes uses inmate work crews for specific projects like painting the Sheriff's Office substation. But if North Lauderdale reaches an agreement with the Sheriff's Office it will become one of only two Florida cities that use inmates as full-time laborers.

In Dania Beach, crews of five to six inmates who have been convicted of non-violent crimes like possession of marijuana, trespassing, or shoplifting work on projects like pouring cement and digging ditches. That program is considered a success because the inmates are soon due for release and don't try to escape. It also saves the city thousands of dollars.

Broward Jail inmates might be put to work, South Florida Sun Sentinel, October 29, 2009

Continue reading "Broward Criminal Defense Attorney Discusses Inmate Work Proposal" »

Earlier this month, the Delray Beach City Commission voted unanimously to allow restaurants bars to begin selling alcohol at 7am instead of at noon. However, the new law still forbids the sale of alcohol for drinking "off premise," so it will not apply to supermarkets and convenience stores.

Not surprisingly, restaurant owners support creating a wider window for alcohol sales to compete with bars and restaurants in the surrounding area. Still, some worry the new law might be unfair to supermarkets and convenience stores. Stores in Boynton Beach and unincorporated Palm Beach County are allowed to sell booze after 7am. But in Boca Raton, the law prohibits liquor sales before 1pm on Sundays.

The city will vote on the topic again at the next city commission meeting.

Delray considers early alcohol sales on Sundays, South Florida Sun Sentinel, October 7, 2009

Continue reading "Delray Beach Attorneys Discuss Possible Relaxing of Alcohol Laws" »

In the past several years, Miami-Dade police have charged over 50,000 people with so-called "quality of life" misdemeanors like being in a park after hours, selling flowers by the side of the road, and drinking beer near a liquor store. All of these cases were processed by the county's already overburdened court system, and many of the charges were later dismissed.

The County Commission will be reviewing a report later this month to decide if these "nuisance laws" should be lifted. Currently there are 18 seemingly minor misdeeds that are on the books as crimes punishable by jail time. Those who support the decriminalization movement say it would allow police to focus on more serious crimes such as domestic violence, homicide, or assault.

Broward County has fewer cases, so there is no decriminalization movement in that country.

Miami-Dade County's costly `nuisance laws' could get the ax, South Florida Sun Sentinel, October 12, 2009

Continue reading "Miami-Dade Criminal Lawyer - "Nuisance Laws" to be Decriminalized?" »

When John Tabbutt, of Winter Springs, called 911 about accidentally shooting his bride-to-be the night before their wedding, he was sobbing hysterically and asked the dispatcher to send an ambulance immediately. But when James Robert Ward placed a similar call to 911 on September 21, he told the dispatcher calmly and politely, "I just shot my wife … she's dead."

This contrast highlights an important issue that detectives have been studying: how a 911 caller's demeanor can clue in investigators to potential crime suspects. Ward pleaded not guilty to a second-degree-murder charge and is out on bond as his case develops. Tabbutt has not been arrested.

Since 911 calls are recorded and sometimes the information in those conversations contradicts the suspect's alibi, they can be useful information for crminal investigators. Of course, people react differently in a crisis, so that information isn't always reliable.

Are you innocent or guilty? 911 call may tell, South Florida Sun Sentinel, October 15, 2009

Continue reading "South Florida Criminal Defense Attorneys Discuss 911 Calls as Evidence" »

According to recently released statistics from the Florida Department of Law Enforcement, crime in both Broward and Palm Beach counties decreased slightly in the first half of this year compared to last year.

The Florida Department of Law Enforcement tracks crimes including murder, robbery, forcible sex offenses, burglary, and auto theft. The mid-year statistics are used as a barometer for the rest of the year.

Overall, crime decreased eight percent statewide. In Broward and Palm Beach county, overall crime rates decreased by about four percent. Each category with the exception of auto theft saw slight increases or decreases.

Local crime down slightly, mid-year statistics show, South Florida Sun-Sentinel, September 23, 20009

Continue reading "Crime in Broward and Palm Beach Counties Down Slightly " »

Our Broward County criminal defense lawyers have been following a developing story about allegations of corruption involving a sitting Broward county commissioner and School Board member. According to federal prosecutors, the investigation continues, but they would not comment on many details.

On Wednesday, FBI agents arrived at the Government Center in downtown Fort Lauderdale and set up shop in the executive suite of offices used by county officials. They reportedly also went to the district's downtown headquarters to speak with School Board members and pull voting records of the suspect.

One School Board member was arrested on Wednesday, and a Florida defense attorney said it's likely that more people will be arrested. Among the possible defenses in these types of cases are suggesting there was not a direction admission of a crime or that undercover agents entrapped the defendant into going along with the crime.

Prosecutors say corruption inquiry in Broward continues, South Florida Sun Sentinel, September 23, 2009

Continue reading "In Broward County, Prosecutors Corruption Investigation Continues" »

Our South Florida criminal defense lawyers recently read about a police dog in Plantation, Florida who died earlier this week. The Plantation Police Department dog, a 5-year-old Belgian Malinois K-9 named Kimbo, passed away after suffering from heat stroke. He was one of six Plantation police dogs. According to officials, Kimbo had assisted in 67 arrests in Broward County and countless drug seizures.

Police said the dog and his handler responded to a call for assistance in a Broward Sheriff's office search for a robbery suspect. Kimbo reportedly collapsed from a seizure within minutes of the start of the search and he was rushed to Hollywood Animal Hospital, where he was put to sleep two days later.

The police department is working to finalize the details of Kimbo's funeral and they said they plan to bring in a replacement.

Plantation police dog dies in the line of duty, South Florida Sun Sentinel, September 23, 2009.

Continue reading "Plantation Police Dog Dies in the Line of Duty in Broward County" »

Florida's "Stand Your Ground" law went into effect in 2005. The law is an extension of the Castle Doctrine, which allows people to respond to an attacker with deadly force in the home or in public. However, the person must reasonably believe that he or she is in danger of death or great bodily harm. As long as they act within the limits of the law, homeowners who kill or injure intruders are usually not charged with a crime.

Several recent cases in Palm Beach County and Miami involve the Castle Doctrine, but experts say these cases do not represent a larger trend. Last week, a Wellington resident shot and wounded one of the two men who into his house. On that same day, a Miami father and son used deadly force against a man who jumped the fence and entered their yard (police as still investigating the cause of death). Earlier this month, a burglar wielding a baseball bat had his arm broken after a group of men in a Lake Worth house used the bat against him to protect the house.

It is important to note that if an intruder surrenders or is incapacitated and someone uses deadly force against the intruder, that person may face criminal charges. According to a homicide prosecutor with the Broward State Attorney's Office, people should not respond with deadly force unless they are in immediate danger.

South Florida residents strike back at intruders, South Florida Sun Sentinel, September 11, 2009

Continue reading "Palm Beach Criminal Defense Lawyers Discusses "Stand Your Ground" Law" »

The old system of storing criminal records in handwritten or typed form has been phased out, and now most agencies store records in computer database. These databases are stored at state and local levels. Every time a police agency makes an arrest, they keep a record of it, and every time a court convicts someone of a crime, they record that conviction. The public can view or search records of court convictions.

Every state keeps records of arrests and convictions that occur in that state, but each state has different rules about what crimes must be reported in its repository.

The National Crime Information Center manages a database called the Interstate Identification Index (III), which includes information on felonies (for instance, sex crimes, grand theft, or homicide) and serious misdemeanors (such as assault, drug possession, or petit theft). This database is only accessible to justice agencies in the United States, so it cannot be used for employment checks by private citizens. You would only be added to the III if the FBI has obtained fingerprint data.

Criminal records do not include traffic offenses, so there is a separate national database for serious traffic offenses. Managed by the Department of Transportation, the National Driver Registry includes information on convictions likes DUIs, fatal accidents, and lying about the operation of a motor vehicle. If someone will be driving as part of their job responsibilities, their potential employer can check this database for major traffic offenses.

Sember, Brette. "How U.S. Criminal Records Work." 28 May 2008. HowStuffWorks.com.

Continue reading "South Florida Defense Attorneys Discuss Criminal Record Storage" »

Fort Lauderdale, Florida.

Brian S. Leifert, a Fort Lauderdale criminal defense lawyer recently heard about a creative police setup called "Operation Show Me the Money." Fort Lauderdale police sent letters to over a hundred suspects in the Fort Lauderdale area promising hundreds of dollars in stimulus money. In order to collect, the suspects had to call and make an appointment to meet in the War Memorial Auditorium.

The auditorium was decked out with banners and American flags to create a false sense of legitimacy. The bogus agency was dubbed the South Florida Stimulus Coalition and used the slogan "helping jump-start the economy."

Eighty-two people showed up for their appointments to collect their supposed stimulus money and undercover Fort Lauderdale officers verified their identities and confirmed their warrants were still outstanding before making arrests. Seventy-six people were arrested for crimes ranging from failure to provide child support to attempted second-degree murder. A police spokesman said the operation was a success.

Crime doesn't pay: Cash giveaway brings 76 arrests, South Florida Sun Sentinel, August 27, 2009

Continue reading "Fort Lauderdale Criminal Lawyer - Police Lure Suspects With Promise of Cash" »

Despite the fact that Florida drivers were given the option to include emergency contact information for two people on their driver's license starting in 2006, law enforcement officials say many drivers are not using this option simply because they don't know about it. Of Florida's 15.5 million registered drivers, only 2.3 million of them have taken part in the program.

Florida state troopers, deputies, and police always try to notify the families of car accident victims as soon as they can, but sometimes they cannot track down next-of-kin for hours or even days because the information in not available or up-to-date. They often try to find relatives using license plate or driver's license numbers to look up the address of the injured person and sometimes this information is out-dated, costing the police officer (and the family) valuable time.

Tiff's Initiative was named for Tiffany Olson, who was killed in a December 2005 motorcycle crash. Officer's could not notify Olson's family for several hours because there was no contact information. This information could also be useful in instances where the victim cannot speak or where the victim has Alzheimer's and cannot provide accurate contact information.

For more information on registering your emergency contact information to Florida's database, check out the Florida Highway Patrol website.

Drivers aren't making next-of-kin contact information available, South Florida Sun Sentinel, July 15, 2009

Continue reading "Palm Beach Traffic Lawyer - Florida Drivers Not Making Next-of-Kin Information Available" »

Over Fourth of July weekend, as residents celebrated with cookouts and fireworks, police officers across Florida were busy busting reckless drivers and boaters.

According to statistics released by the Palm Beach County Sheriff's Office, seven law enforcement agencies from Palm Beach County issued 66 marine citations, 143 warnings, and handled six crashes or water rescues. They also caught five underage drinkers and one person piloting a boat under the influence of drugs of alcohol.

Traffic offenses were not separated by county or region, but Florida Highway Patrol troopers issued 4,548 speeding tickets, 1,928 seatbelt-related offenses, and made 98 DUI arrests between Friday, July 3 and Sunday, July 5. In addition, troopers reportedly helped over 2,000 motorists.

Fla. law enforcement cites 4,548 speeders, 1,928 seatbelt tickets, 98 DUI arrests on July 4th weekend, Palm Beach Post, July 8, 2009

Continue reading "Florida Law Enforcement Out In Full Force Over Holiday Weekend" »

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

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

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

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

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

Fort Lauderdale DUI Lawyer, Brian S. Leifert has learned that the Fort Lauderdale Police Department will be getting video cameras for thirty five of their patrol vehicles. The cameras will be aimed at activity in front of the vehicles as well as the back seat.

In 2007, the Fort Lauderdale Commissioners had originally voted for 269 cameras - one for every patrol vehicle in Fort Lauderdale. The original plan was amended as a result of budget concerns. The revised plan will cost the city of Fort Lauderdale $545,784.

Community activists have pushed for the additional cameras while it is believed that the Fort Lauderdale Police Department has resisted the addition of the camera's watchful eyes.

Fort Lauderdale police will get cameras in 35 patrol cars, South Florida Sun-Sentinel.

Continue reading "Fort Lauderdale Criminal Lawyer Learns Fort Lauderdale Police to get 35 Dash Cam Videos" »

Brian Leifert, a South Florida criminal defense attorney, has just learned about a possible change to Fort Lauderdale's open container laws. With four major events approaching (the boat show, the Super Bowl, the Pro Bowl, and the Orange Bowl), the mayor of Fort Lauderdale is considering lifting the city's ban on carrying open containers of alcohol around the beach.

The law was originally intended to discourage drunk students during spring break, and Mayor Jack Seiler says the law "has addressed what it needed to address."

Because the four upcoming events are not during spring break, the mayor is looking at ways that the city could loosen the laws or suspend the open container laws during those four events. He said he doesn't want visitors to have to worry about walking from the Ritz Carlton to another hotel with a beer in hand. A former police chief also pointed out that loosening the alcohol laws could have a positive impact on economic development.

Lauderdale mayor ready to loosen open container laws, South Florida Sun Sentinel, May 5, 2009

Continue reading "Fort Lauderdale Criminal Attorney Comments on Mayor Considering a Lift on Open Container Laws" »

When a Pensacola college student rear-ended another driver, it crushed the front of his own car. Then he got billed $714 by the county police and firefighters who responded to the car accident. The fee has been called a "crash tax," and on Monday a Florida Senate committee voted unanimously to approve a proposed ban on so-called crash taxes. Six other states have already banned them, since they are not always covered by auto insurance and many consider them unfair.

However, many municipalities say they are a necessary fee to cover the time that police and firefighters take away from other duties. They say that declining property taxes and smaller budgets make the fee a necessity.

In Escambia County, Florida drivers are assessed a fee regardless of whether they are a resident. Officials decide who is at fault and charge that person $10 for every minutes of a firefighter's time and an additional $600 for a fire engine. The county waives the fees if a resident's car insurance doesn't cover it. The county has collected $19,000 since the fee began in 2007.

Minor fender-bender? That'll be $700, please, Palm Beach Post

Continue reading "Florida Lawmakers Debate Car Crash Taxes" »

According to the South Florida Sun-Sentinel, the Florida Department of Law Enforcement (FDLE) no longer has the funds to help local police agencies with major gang and drug investigations. During the current fiscal year, which ends in June, the FDLE cut $6 million from its $340 budget and dropped 96 positions. The budget cuts have led to backlogs in Florida's criminal records systems and local police agencies receiving less guidance on complex cases.

For over ten years, the FDLE has focused on specialized fields such as criminal profiling and online databases, including a public list of all Florida sex offenders. Under proposals to Florida's 2009-2010 budget, all of those functions could be cut, as well as hundreds of jobs. The proposal would close almost all of FDLE's field offices, including those in Fort Lauderdale and West Palm Beach.

However, local police agencies in South Florida say that the changes will have a greater impact on law operations elsewhere in the state, because they are already equipped to handle high-profile investigations on their own. In Broward and Palm Beach counties, the Sheriff's offices run their own labs.

A spokesmen for the Broward Sheriff's office said "we are really not dependent on FDLE for anything."

Florida Department of Law Enforcement faces large budget cuts, South Florida Sun-Sentinel, April 12, 2009

Continue reading "Florida Department of Law Enforcement Facing More Budget Cuts" »