Florida Criminal Lawyer Blog

An elite squad of Fort Lauderdale police officers have been relieved of duty with pay until a criminal investigation into two arrests they made is completed, the South Florida Times reports.

This is a prime example that police are not above the law and should be held accountable. But what this also shows is how crucial hiring the right Fort Lauderdale Drug Defense Lawyer is for your case. Drug cases can be complex and have many differing aspects that must be considered. Sentences can range from treatment in a facility to serious prison time, so don't leave defense of this type of charge up to just anyone.

The Fort Lauderdale police investigation centers around the Street Crimes Division, a group of officers called the Northwest Raiders because of the predominantly black, northwest area of the city where the group originally operated.

During an August operation, two men were arrested and charged with possession and delivery of cocaine after a confidential informant told police a drug deal would be going down at a local hotel. The group of officers set up surveillance and pulled over the pair, according to the news report. The police report details that one of the suspects dropped a container on the floor of the car that cocaine dropped out of. The officers said the substance equaled one gram and tested positive for cocaine.

The newspaper reports that the officers may have fabricated and lied about what happened and that the state attorney's office is investigating. They are analyzing a video tape and other evidence.

In any Fort Lauderdale drug case, the amount of the drug recovered by police goes a long way in determining how serious the charges may be. According to Florida Statutes 893.13, purchasing more than 10 grams of a long list of drugs can subject you to punishment for a first-degree felony, which is up to 30 years in a state prison.

But simply the amount of the drug and what type is not all that must be taken into consideration. Where the arrest is made is crucial, too. Florida Statutes 893.13 states that selling drugs within 1,000 feet of a school, place of worship, assisted living facility, public housing complex, public park or other places can involve enhanced penalties as well.

And multiple convictions can add to the number of years a person may face in prison. This is why attempting to suppress the evidence collected by police because of improper procedure, a lack of probable cause or other reasons is very important. And our experienced lawyers, who have both filed these motions and defended against them in court, are able to best assist you.

Consult with our law firm before you make any statements to police and allow us to fight for your rights. Hiring a lawyer can make a substantial difference in your life. So, choose the firm that has years of experience in the criminal justice system.

Continue reading "Fort Lauderdale Police Investigated For Drug Bust Arrests" »

A defendant who faces a fatality hearing in Palm Beach may face the arresting officer but no prosecutor will be present, the The Palm Beach Post reports.

While Miami-Dade and Broward County send prosecutors to such hearings, the Palm Beach County State Attorney has refused to do so. In all cases, a criminal defense lawyer in Palm Beach or Broward should represent the defendant. Significant fines and the loss of your driver's license may result. In addition, defending yourself may be in your best interest in the event of a wrongful death lawsuit.

The fatality hearings are held in cases where prosecutors have decided no aggravating circumstances -- such as drunk driving or speeding -- warrant criminal charges in an accident involving death. About 130 such hearings were held last year in Palm Beach County.

While a spokesperson with the Florida Highway Patrol said he saw no reason a trooper could not handle such cases alone, a local judge said an officer's lack of knowledge about rules of evidence and other legal issues can favor the defense.

"The playing field is ridiculously imbalanced," said County Court Judge Barry Cohen. "It's horrible. There should be a prosecutor at every fatality hearing."

A police officer may also fail to appear. When an officer does appear, he or she may fail to subpoena witnesses or present other evidence. Judges are only able to rule on the amount of evidence presented to them.

Continue reading "Lack of Prosecutors can give Defense an edge at Palm Beach Fatality Hearings" »

Our Broward County criminal defense lawyers recently read about firefighters and police officers around Florida who earn extra money cleaning up crime scenes. It makes sense, especially considering that the average population isn’t as comfortable with the sight of rotting flesh or flood, while police officers and firefighters routinely deal with these kinds of conditions.

Owners of Florida-based crime clean-up services say a cleanup job can pay as little as $200 or as much as $15,000. It’s a good side job, but many say there isn’t enough demand to earn a full-time living from it.

As of November, South Florida had 16 trauma-cleanup businesses liked with the Florida Department of Health. Six of those are based in Broward County and five companies are in Palm Beach County. Although health officials don’t regulate cleaning procedures, they do register companies who transported biomedical waste from crime scenes.

Source: Crime-scene cleanup: Police, firefighters do dirty job in off-duty hours, South Florida Sun Sentinel, December 13, 2010

Continue reading "Broward County Police, Firefighters Moonlight as Crime Scene Cleaners" »

South Florida inspired popular crime shows like Miami Vice and CSI: Miami. So some may be surprised to discover that a recent ranking of the country’s most dangerous cities does not include a single Florida city in its top 25. The study was published earlier this year by CQ Press and uses FBI violent crime statistics to determine which areas have the highest crime rate.

St. Louis, Missouri snagged the dubious honor of number one, followed by Camden, New Jersey in the number two slot and Detroit, Michigan in number three. Miami Gardens, Florida came in at number 40 with Miami Beach at number 42 and Miami at number 51.

However, some experts warn that this overall ranking doesn’t give a complete picture. The study combines all violent crimes without taking into account which cities have higher homicide rates or an unusually high rate of sexual assault. Many law enforcement officials point out that there are crime factors which can’t be expressed in numbers. Nonetheless, this is consistent with other reports that have found a general decline in violent crime in South Florida in the past few years.

Source: South Florida cities rank surprisingly low in study of most dangerous cities in America, South Florida Sun Sentinel, November 22, 2010

Continue reading "Fort Lauderdale Criminal Defense Lawyers Discuss Most Dangerous Cities in US" »

The International Association of Chiefs of Police has recognized two Florida law enforcement groups with awards for excellence in criminal investigations. The competition challenged agencies to share creative ideas for crime investigations that could be adapted by other agencies investigating similar cases. Roughly 150 entries came in from around the country.

First runner-up went to the U.S. Drug Enforcement Administration’s Miami-based Group 10. Group 10 reportedly developed ways to find drug groups abroad, make drug-related arrests, and seize drugs and money.

The Miramar Police Department received second runner-up. Their strategy involved sending a text message to their main suspect from the same phone number as a Miramar resident who’d disappeared last year. Sure enough, the suspect drove to several locations, leading police the victim’s decapitated body. The suspect awaits trial for premeditated first-degree murder.

Source: Miramar police cited for crime-solving style, South Florida Sun Sentinel, November 30, 2010

Continue reading "Miramar Criminal Lawyer - Two Florida Law Enforcement Groups Win Crime-Fighting Awards" »

Our South Florida criminal defense attorneys recently read in the South Florida Sun Sentinel that tax-payers are funding take-home vehicles for employees of the Broward and Palm Beach County sheriff’s offices. Deputies are permitted to drive department-issued vehicles to and from work and for personal use depending on the county. Some even get free, unlimited gas, which is subsidized by tax-payers.

In Palm Beach County, over 1,500 employees of the Sheriff’s Office drive cars home and more than 10% of those employees live outside Palm Beach County. Close to 3,000 Broward Sheriff’s Office employees drive take-home cars, but it’s not known how many of those employees live outside of Broward County.

The policy has been defended as a benefit to the public, because it supposedly serves as a deterrent to would be criminals. Another rationale is that it allows officers to respond more quickly to emergencies.

However, these take-home cars cost the counties millions of dollars each year. The Broward Sheriff’s Office reportedly spends about $19 million annually on gal, vehicle maintenance and replacement, but it’s unknown how much of those costs are a result of the take-home car policy. West Palm Beach has restricted its take-home car policy to officers living in or near the area. The city saved over a half million dollars by revoking vehicle privileges from 80 employees.

The question remains: should take-home cars be a tax-payer expense? And is the added crime prevention worth the added expense?

Source: South Florida deputies get take-home cars — and we pay, South Florida Sun Sentinel, November 13, 2010

Continue reading "Should South Floridians Pay for Deputies Take-Home Cars?" »

Our South Florida criminal defense lawyers have read about some bizarre cases over the years. But this case is among the oddest ones we’ve seen. It seems that a fake police officer was “patrolling” Boca Raton and pulled over a couple of drivers. The 60-year-old Delray Beach man was reportedly wearing a police-type badge around his neck and carrying a loaded handgun.

He questioned drivers about whether they had alcohol or drugs in the vehicle, and when they answered in the negative, he told them to leave. Drivers sensed something was amiss, so they called and tipped of the Boca Raton police. But the biggest red (or in this case, green) flag was the fact that the flashing emergency lights on the man’s Ford Crown Victoria were green, instead of the red and blue that real cops have.

When officers questioned the man, they smelled alcohol on the suspect and arrested him for driving under the influence of alcohol. He was also arrested and charged with impersonating a law enforcement officer.

Source: Fake cop arrested for DUI — and pulling over drivers, South Florida Sun Sentinel, October 18, 2010

Continue reading "Boca Raton Police Arrest Fake Cop for Drunk Driving " »

The rise of citizens videotaping police encounters has had a profound impact on criminal defense, prosecution, and how police conduct themselves. On the one hand, these videos can be a valuable resource for holding police accountable and giving juries much-needed insight into what really happened during a shooting or alleged police brutality. It can also sometimes help clear an officer’s name.

However, some worry that knowing they might be in videotaped could inhibit officers from taking necessary action for fear of retribution. That’s why police in several states have tried to enforce laws that limit such recordings when they believe videos could interfere with police activity. In Broward County, Florida, new cadets are trained to conduct themselves as if they could be videotaped at any time.

Here’s an example of a bystander video taken in Orlando, Florida, as police tased a man who was already on the ground:

Source: For cops, citizen videos bring increased scrutiny, APP.com, October 15, 2010

Continue reading "Broward County Lawyers Discuss Impact of Video on Police Violence" »

Though several states, including Florida, have loosened zero-tolerance policies on students who bring guns to schools, some say that schools are still cracking down on students and taking disciplinary actions to extremes.

Take, for instance, the 7-year-old Pembroke Pines student who was expelled last year after he brought a clear plastic toy gun to school. Family members said he forgot to remove the toy from his backpack, but his expulsion was upheld by a hearing officer who works for the district.

It took several months, for an appeal but the second-grader was finally allowed back in school last month. Officials from the Broward school district said the incident would not haunt him for the rest of his academic career, but they say their rigid interpretation of Florida’s zero-tolerance policy still stands.

Source: Zero-Tolerance Laws Eased, But Schools Still Tough, AOL News, October 17, 2010

Continue reading "South Florida Lawyers Discuss Schools’ Zero-Tolerance Laws" »

Although a new state late requiring Florida felony suspects to submit DNA samples to police goes into effect next January, it’s unclear whether the law will be enforced due to financial woes. Officials in Palm Beach and Broward County say they are still trying to determine how much the extra DNA collection would cost and where the money will come from.

Currently, Florida collects DNA only after someone is convicted of a felony. But, state officials say, collecting DNA at the time of arrest and including the information in a national database could help identify repeat offenders and prevent future victims of rape, assault, and other felonies. The Florida Department of Law Enforcement will oversee DNA collection.

Twenty-three other states have already enacted laws regarding the DNA of felony suspects. However, the American Civil Liberties Union is challenging the law in California, because the person has not yet been convicted of a crime and they say DNA should be private.

Source: Advocates in South Florida push to implement new law that takes DNA upon felony arrests, South Florida Sun Sentinel, October 12, 2010

DNA image courtesy of Richard Wheeler (Zephyris)

Continue reading "New Florida Law Could Require DNA Upon Felony Arrest" »

Last week, state official released new statistics showing a decrease in Florida crime of about 11% during the first half of this year compared to the first half of last year. The Palm Beach Post reported that major crime statistics dropped by more than 11% percent, while in Broward County, authorities noted fewer robberies and aggravated assaults.

However, one unfortunate trend that began last year was that while crime is down overall, homicides related to domestic violence actually rose 6%. Last year, the percentage of homicides linked to domestic or dating violence doubled from the previous year.

According to local leaders in law enforcement, the increase may be due to increased stress and pressure due to the economy.

Source: Crime down first half of 2010, but domestic violence-related homicides rise, South Florida Sun Sentinel, October 13, 2010

Continue reading "Florida Criminal Defense Attorneys Discuss New Crime Stats " »

Here in Florida and across the county, the law still lags behind technology in terms of protecting privacy and preventing voyeurism. Because technology moves so quickly, it’s been challenging for laws to keep up. The recent incident at Rutgers University, in which a freshman committed suicide after his roommate and another student allegedly used a webcam to broadcast his sexual activities with another man, demonstrates these unfortunate realities.

The students involved in the Rutgers case have been charged with violation of privacy, which has up to a five-year prison sentence. There may be other charges that could apply to the case as well.

Florida law states that someone who uses a camera to violate another person’s privacy can be charged with video voyeurism, which is a misdemeanor carrying a sentence of up to a year in jail. However, repeat convictions bump the charges up to a third-degree felony, which is punishable by up to five years in prison.

Source: Rutgers University case highlights how advancing technology can easily be misused, South Florida Sun Sentinel, October 4, 2010

Continue reading "Miami-Dade Criminal Defense Attorneys Discuss Online Privacy Laws" »

Last Monday, a new policy when into effect that prohibits on-duty Florida Highway Patrol troopers from using hand-held cell phones while driving. Authorities said the goal of the policy is to set a positive example for Florida drivers and keep roadways safe. Although eight states have banned holding a cell phone and talking while driving, Florida does not have such a ban, so the Department of Highway Safety and Motor Vehicles considers this policy a proactive approach to the growing problem of distracted drivers.

Florida’s 1,650 troopers may only use cell phones with a hands-free device, allowing them to keep both hands on the steering wheel. Troopers are also required to pull over to program their GPS or use it in voice-activated mode. Here in South Florida, local agencies including Palm Beach and Broward County Sheriff’s Offices are considering similar bans on holding a cell phone while driving.

Though it’s unknown how many fatal car accidents (if any) were caused by troopers using cell phones, the measure has been praised by the DMV.

Source: FHP troopers barred from talking on hand-held cell phones while driving, South Florida Sun Sentinel, October 4, 2010

Continue reading "New Policy Requires Florida Troopers to Use Hands-Free Devices on Cell Phones" »

Our Deerfield Beach criminal defense lawyers have learned that South Florida police and firefighters participated in a 30-vehicle parade last month as part of the Pink Heals “Care Enough to Wear Pink” tour. The parade took place on Monday, September 20, and ran along Hillsboro Boulevard in Deerfield Beach, raising more than $12,000 to promote cancer awareness and support for survivors.

Organized by three Deerfield Beach Fire-Rescue, the festivities includes trucks from the Palm Beach County Sheriff, the Broward Sheriff Fire Rescue, Delray Beach Fire-Rescue, and teams from several other South Florida communities. The trucks uses Pepto-Bismol pink paint and were festooned with hand-written wishes for those fighting cancer and memorials for loved ones.

Source: Pink Heals Cancer Awareness Tour of South Florida, South Florida Sun Sentinel, September 25, 2010

Continue reading "South Florida Police and Emergency Responders Ride In Support of Cancer" »

On Friday, October 1, over two dozen new Florida laws went into effect. These range from laws on serious issues like pain clinics and cyber threats to more routine items about donating to charity while renewing a driver’s license or car registration.

In regards to pain clinics and so-called “pill mills” that liberally dispense pain medication, the new law states that pain clinics may only prescribe enough pain pills for three days and must register with the state, among other requirements. Failure to do so could result in felony charges against the owners and doctors. The law is aimed at reining illegal drug activity at the hundreds of pain clinics in Broward and Palm Beach Counties.

A new law also addresses the growing problem of cyber threats. Previously, the law covered people who send letters threatening to kill or injure someone, and legislators have expanded that statute to include electronic communications, including email. Those who send threats via email, either anonymously or under their own name, can be convicted of a second-degree felony.

Other laws impose bigger fines on street racers and make it a third-degree felony to misrepresent oneself as a member of the military.

Source: 32 new Florida laws take effect today, Palm Beach Post, October 1, 2010

Continue reading "Broward County Defense Attorneys Discuss New Florida Laws" »

Our South Florida criminal defense attorneys read that the Miramar Police have a hot new ride. When this eye-catching cruiser stops at a traffic light, officers say people roll down their windows and snap photos. It even won second place in Law and Order Magazine’s 2010 Police Vehicle Design Contest for best community relations car.

The custom creation is wrapped in gold and orange graffiti and features 22-inch rims with blue and red lights. It also displays exterior messages such as “Committed to Community Service.”

The inspiration behind the vehicle came when officers designed they needed a “community piece” that would grab kids’ attention at community events. It was designed in part by children from the Police Athletic League, who suggested more graphics including displaying the term “Five-O,” street slang for police officers.

Source: Customized 'Five-O' cruiser a winner for Miramar police, South Florida Sun Sentinel, September 8, 2010

Continue reading "Miramar Police’s Customized ‘Five-O’ Cruiser Wins Award" »

According to the South Florida Sun Sentinel, emergency dispatchers not only deal with calls regarding domestic abuse or drunk driving, but also complaints regarding a MacDonald’s that ran out of chicken nuggets and a man who couldn’t find the TV remote.

These calls (some of them pranks, others from people who are drunk, high, lonely, or just plain crazy) may seem harmless, but they actually are a real problem and detract from true emergencies needing immediate assistance. In fact, abuse of an emergency line is a first-degree misdemeanor publishable by up to a year in jail and a $1,00 fine.

Fortunately, they represent only a small number of the 240 million 911 calls received across the country each yeah. In Palm Beach County, the Sheriff’s Office gets about a million calls a year, 30 to 40% of which are non-emergency calls. Of those, only a small number are harassing or troublesome calls.

Although we don't recommend this, we couldn’t resist sharing this video of a Florida woman who dialed 911 and tried to order takeout:

Source: 911 calls can cross line into wackiness, South Florida Sun Sentinel, September 13, 2010

Continue reading "South Florida Attorneys Discuss 911 Abuse " »

The government recently announced that it will hire Ebonics translators to help with drug investigations in areas including South Florida. The news has ignited a debate that’s been raging for over a decade: Should Ebonics be recognized as its own language and should law enforcement be able to understand it?

On the one hand, you have some interpreters and translators who say Ebonics is merely colloquial English and doesn’t require a special translator. They say that dropped G’s and double negatives are merely an uneducated way of speaking English.

On the other hand, the Drug Enforcement Administration says that Ebonics translators will help investigators decode the words and syntax that drug dealers use to communicate with each other. They say that the translators will be valuable in cracking down on drug crimes around South Florida and the Caribbean. However, the narcotics squads in Palm Beach and Broward counties say they’re already able to understand how drug criminals talk.

Source: Will Ebonics fluency help fight crime? South Florida Sun Sentinel, September 13, 2010

Continue reading "Miami Lawyers Discuss Ebonics as Crime-Fighting Tool" »

Our Broward County traffic attorneys have learned that Wilton Manors Police Chief Richard E. Perez is accused of submitting a false affidavit to dismiss a traffic ticket to a former city commissioner. He was already being investigated for alleged perjury.

The allegations of a false affidavit stem from an incident on April 20. National Railroad Safety Awareness Week was April 18-24, so officers were encouraged to pay even more attention to railroad-related violations. During that time, an officer issued several tickets to Florida drivers, including a former city commissioner. Ten of those were for were violations related to stopping on the railroad tracks and other crossing-related violations.

Perez allegedly tried to have the city commissioner’s traffic ticket dismissed. None of the other traffic tickets were dismissed, and not surprisingly, those drivers are not happy with the situation. Perez will still be an active commission member while he is being investigated.

Source: POLICE CHIEF ACCUSED OF FIXING EX-COMMISSIONER’S TRAFFIC TICKET, South Florida Times

Continue reading "South Florida Police Chief Being Investigated for Alleged Perjury, False Affidavit" »

A Fort Lauderdale police officer has been charged with three misdemeanors and put on administrative leave with pay following a December 2009 incident at a 7-Eleven Store. His status could change to suspension without pay, which is often a precursor to termination.

According to an investigation, the officer wrestled a customer out of the store and arrested him without cause. The officer was waiting in line at the store and was not in uniform when a clerk informed another customer that he was not allowed in the store because he was suspected of shoplifting during a previous incident. The officer allegedly grabbed the other customer and wrestled him out of the store.

The report filed by the officer said that he identified himself as a law enforcement official and that the customer had reacted in a hostile manner. The customer was charged with trespassing and resisting arrest without violence, but those charges were later dropped. The police officer has five years of service, during which he has been investigated multiple times.

Source: LAUDERDALE COP CHARGED IN STORE CONFRONTATION, South Florida Times

Continue reading "Broward County Attorneys Discuss Cop Charged in Store Stand-Off" »

Though the Sunrise cops claim they do not have traffic quotas, The South Florida Sun Sentinel reports that at least one Sunrise police officer was issued a written reprimand for failing to make enough traffic stops. The complaint form says that road patrol officers are expected to make at least three traffic stops a day. Since the city has 84 road patrol officers, that means they’d have to make almost 50,000 stops per year (roughly half the city’s population).

Chief John Brooks says they do not have a ticket or arrest quota, adding that quotas are unethical.

However, the Sentinel reports that Captain Robert Voss says “shift standards” give them a way to monitor performance and that they only apply to officers assigned to road patrol. Although quotas or shift standards are legal and ensure that police officers aren’t slacking on the job, they are generally frowned upon by drivers, who worry that they may get issued a traffic ticket so that the officer can meet standards and get promoted.

Source: Sunrise police officers required to make three traffic stops a day, South Florida Sun Sentinel, August 20, 2010

Continue reading "South Florida Traffic Attorneys Discuss the Legality of Police Quotas" »

Our South Florida criminal defense attorneys have been following a developing story involving Republican gubernatorial candidates Bill McCollum and Rick Scott. One of Scott’s campaign ads claims that Scott supports bring Arizona’s immigration law to Florida. It goes on to say that Scott would pass a law allowing police to check whether the people they arrest are legal or illegal aliens.

However, as McCollum points out, Florida law already allows police in all 67 counties to do so. Earlier this summer, the Florida Department of Law Enforcement and the U.S. Immigration and Customs Enforcement announced that law enforcement officials now have access to a database maintained by the Department of Homeland Security. Prior to this, police officers were only able to check the person’s potential criminal history using fingerprints and a database maintained by the FBI.

However, unlike Arizona’s immigrations laws, Florida does not require police officers to check a person’s immigration history. Arizona’s immigration laws have not fully gone into effect due to a preliminary injunction filed by Judge Susan Bolton of Federal District Court.

Source: Bill McCollum says Florida police can check the immigration status of people they arrest, Polifact.com, August 5, 2010

Continue reading "Gubernatorial Candidates Debate Whether Florida Police can Check Immigration Status of Arrestees " »

In Palm Beach County, Deputy Sheriff Ira Peskowitz has founded a program called The Kids and Police Tennis Association (KAPTA). The motto of this program is “our courts or criminal courts,” because it’s designed to expose children in high-crime areas to tennis. KAPTA has already grown to include 84 children, and two more sites are planned across Palm Beach County.

Peskowitz, who is now a certified tennis teaching pro, says KAPTA has allowed officers to enter high-crime areas and invite kids to play tennis instead of becoming involved in violent crimes or drug trafficking.

The program has also received a grant from the United States Tennis Association-Florida to begin using the QuickStart Tennis format and equipment for 10-and-under children. QuickStart Tennis features smaller court and racquet sizes and a simpler scoring system, among other adjustments.

Source: Fighting Crime with Tennis; Palm Beach County Police Receive USTA Florida Grant, USTA.com, August 10, 2010

Continue reading "Palm Beach County Program Combats Crime with Tennis" »

According to a recent article, applications for a concealed weapons license in Florida are rising swiftly. In fact, the Florida Department of Agriculture and Consumer Services processed 1,722 new applications from St. Johns County residents between July 2009 and July 2010, which represents an increase of over 200% from that same period in 2006 through 2007. Roughly 2,500 licenses were issued or renewed in the that county.

So, what’s behind this trend? Some attribute it to the economy and fears that it may be harder to get a concealed weapon license in the future.

Florida law enforcement officials say they are unfazed by the rise in concealed weapon licenses, because those who’ve obtained the license have undergone a rigorous screening process. Their main concern is when those with criminal intent have access to firearms. However, many law enforcement officials already assume that when they pull over a Florida driver, they may be packing heat.

Source: Applications for concealed weapons licenses have risen sharply; reasons for increase vary, Ponta Vedra Recorder, August 6, 2010

Continue reading "Florida Attorneys Examine Rise in Concealed Weapons Applications" »

In Hillsborough County, Florida, thousands of arrest warrants are purged from the system each year because they’re out-dated. This year, about 25,000 warrants were purged from the files of state attorneys and sheriff’s detectives. About ten to twenty per month are cleared because the defendant passed away.

Many of these warrants are over ten years old, because state agencies don’t have the resources to pursue minor infractions and instead focus on violent crimes and repeat offenders (these repeat offenders commit an estimated 90% of crimes!). Some detectives stop pursuing these warrants because leads are no longer relevant or the suspect leaves the state.

The county’s 14 warrant detectives do attempt to locate people who are wanted for DUI, failure to pay child support, petty theft, and other minor offenses, but they have a backlog of 33,000 warrants, with 100 to 200 new warrants coming in each month.

Source: Thousands of misdemeanor warrants not pursued for years, TBO.com, July 26, 2010

Continue reading "Palm Beach County Lawyers Discuss Idle Misdemeanor Warrants" »

In Fort Lauderdale, Florida, a former police officer was fired after an internal investigation found that he regularly drove at speeds in excess of 100 mph both on and off duty in his patrol car. The ex-officer was charged with fatally hitting a pedestrian in connection with a June, 2006 crash. He tearfully apologized to the family of the victim, but denied that driven as fast as was testified to.

In June, a jury acquitted the man of vehicular homicide.

He was convicted of misdemeanor reckless driving and sentenced to 60 days in jail, followed by six months of probation. He was also fined $250 and will serve 100 hours of community service.

Source: Ex-officer who fatally hit woman is sentenced, Miami Herald, July 23, 2010

Continue reading "South Florida Ex-Officer Sentenced for Fatally Hitting Pedestrian" »

Our Broward County criminal defense lawyers have learned that an ex-Florida Highway Patrol (FHP) trooper based in Miami-Dade pleaded guilty last week to eight misdemeanor counts of falsifying public reports. He will spend almost a year in prison for falsifying hundreds of traffic tickets, which were issued to drivers who were never pulled over for traffic offenses. After being released from jail, he will also serve two years of probation and pay more than $8,00 in restitution.

Some of these Florida motorists were out of the country when they were allegedly pulled over for traffic violations, and in a few cases, actually had their driver’s license suspended. The 38-year-old former trooper allegedly wrote the traffic tickets using information from drivers had pulled over previously in order to boost the number of tickets reported to his supervisors. However, the FHP says it does not work on a quota system.

He was originally charged with 22 felony counts, but those charged were reduced after he agreed to permanently relinquish his law-enforcement certification. As of the result of the investigation associated with his case, the state dismissed over 200 traffic citations.

Source: Ex-FHP trooper gets jail time for falsifying tickets, Miami Herald, July 22, 2010

Continue reading "Former Florida Trooper To Serve Time for False Tickets" »

Our South Florida criminal defense attorneys have learned that Florida is participating in a program called Secure Communities, which is designed to identify and deport criminal immigrants after they serve their prison sentence.

Here’s how the program works: when someone is arrested, booked, and fingerprinted, their information is automatically checked against immigration records. This only applies to those who are convicted of a crime, not those who are merely charged with a crime.

The program began in 2008, and should be nationwide by 2013. Palm Beach County joined in April. Broward and Miami-Dade counties joined in 2009. As of last month, all 67 Florida counties were participating.

While law enforcement has embraced the program, others have criticized it. Immigration activists say the program could violate the suspect’s presumption of innocence. We’ll be interested in seeing how this plays out. So far, more than 1,800 criminal immigrants have been deported through the program.

Source: Police to share fingerprint data with feds to ID criminal immigrants, South Florida Sun Sentinel, June 29, 2010

Continue reading "Florida Joins Program Designed to Combat Criminal Immigrants" »

Broward County has already had its share of political scandals. The latest to be charged in that saga is Tamarac Commissioner Patricia Atkins-Grad.

According to an article in The South Florida Business Journal, she allegedly received and failed to disclose a $2,300 lease payment for a BMW. The payment came from developers who were trying to get a building project approved. She voted to approve that project and is also accused of receiving $4,000 cash from the same builders for a victory party after she was elected to the commission in 2006.

Atkins-Grad is charged with bribery, official misconduct, and conspiracy to commit unlawful compensation. Bribery and unlawful compensation charges are considered second-degree felonies, carrying a maximum sentence of 15 years in prison for each count. The other charges are third-degree felonies and carry a maximum sentence of five years each. Her bond has been set at $15,500.

Florida Governor Charlie Crist has suspended Atkins-Grad from the commission.

Source: Tamarac commissioner faces criminal charges, South Florida Business Journal, June 25, 2010

Continue reading "Tamarac Commissioner Charged with Bribery" »

Our South Florida criminal defense attorneys have learned that the commander of the Broward Sheriff’s Office has banned employees from wearing cologne, perfume, or even deodorant. The new policy is aimed at accommodating employees who have sensitivities or allergies to airborne chemical irritants and only applies within the confines of the offices of the Division of Internal Affairs. It went into effect on March 1.

Of course, as temperatures rise this summer, the policy could prove counterproductive for law enforcement officials with less than perfect hygiene. According to NBC Miami, “the smell police” will warn and then discipline those whose personal hygiene leaves a little to be desired.

As lawyers who serve Broward County, we’ll be interested in seeing how long the policy lasts.

Source: New Rule Puts the B.O. in BSO, NBCMiami.com, May 13, 2010

Continue reading "Broward Sheriff’s Office Institutes Fragrance-Free Workplace Policy" »

The stereotypical mughost features an arrestee with a sullen scowl or perhaps vacant eyes. But a few inmates choose to smile or smirk in their photos. Jail officials don’t find these mugshots funny (in fact, it can make it more difficult for victims to identify suspects since they usually aren’t smiling when they commit a crime), but others get a kick out of them, thanks to online mugshot galleries like those on the The Smoking Gun.

There’s the irony of someone who’s just been booked on DUI or battery charges and chooses to pose for the camera, and there’s the sense that it’s a way of having the last laugh at the justice system, since that photo will follow the inmate through the system. Of course, many of these inmates may be under the influence of drugs or alcohol and may not realize the seriousness of their situation.

While jail officials frown at these mugshots, they admit that there’s little they can do to prevent people from smiling in their photos.

Source: Mugging for the jail camera: What's so funny about smiling mug shots?, Orlando Sentinel, 23, 2010

Continue reading "Miami Criminal Defense Lawyers Discuss Smiling Mugshots" »

There are a variety of reasons an individual would need their fingerprints taken in Broward County. As a Broward County Criminal Defense Lawyer, the most common reason for fingerprinting is to seal or expunge a record.

Most police agencies in Broward County have set times and schedules for fingerprinting. Click on the link below for a list of law enforcement agencies and their schedules for fingerprinting.

Fingerprint Locations in Broward County

Download file

Fingerprint Locations in Broward County

Our South Florida attorneys recently read about a bizarre prank involving three Fort Lauderdale police employees. The three employees, including a police, a sergeant, and a detective, allegedly allowed a dog to lick from a peanut butter jar and put the jar back where coworkers could later use it. They have been reassigned and are not allowed in their previous work areas without an escort.

The allegations first came to light through an audio recording supplied by a member of the department’s Criminal Investigations Division. Authorities are investigating the dog incident as well as the allegations that the recordings were created without the permission or knowledge of those being recorded.

Police personnel who could have eaten the peanut butter or been recorded have been notified and gave sworn statements earlier this year.

Source: Fort Lauderdale police employees accused of prank involving dog licking peanut butter jar, South Florida Sun Sentinel, April 30, 2010

Continue reading "Fort Lauderdale Police Employees Reassigned After Prank" »

Our South Florida criminal defense lawyers have learned that Mayor Lois Frankel's son was arrested last Friday evening following an incident with a local media buyer and West Palm Beach police supporter. Mayor Frankel reportedly said the arrest on the charge of strong-armed robbery was "a political, not criminal, incident."

The so-called victim was carrying a sign criticizing the mayor in conjunction with the police department's 'Operation SunFest' protest. He claims that that three men threw him against the wall and tried to smash his sign. Frankel and local police officers are stuck in contract negotiations, but she would not comment on whether her son's arrest was related to pay disputes with the police.

Frankel's son and the son's friend were released on their own recognizance on Saturday morning.

Source: Mayor calls son's arrest 'political,' says victim sought publicity, Palm Beach Post, May 3, 2010

Continue reading "West Palm Beach Mayor's Son Arrested at SunFest" »

Last week, an immigration sweep in South Florida led to the arrest of nearly 90 foreign nationals that authorities say were convicted criminals who will be deported or convicts who were in the country illegally.

According to authorities, five of those arrests were in the Florida Keys, 24 were in Broward County, 11 were in Palm Beach County, and 48 were in Miami-Dade County. Throughout Florida and Puerto Rico, authorities made 258 arrests.

Three of the people arrested had been previously convicted of murder. Over a hundred were previously convicted of assault. Several of those arrested will face additional federal charges for re-entering the United States after being convicted of a crime and being deported. Felony re-entry into the US carries a penalty of up to two decades behind bars.

Led by U.S. Immigration and Customs Enforcement, the sweep was part of the largest operation targeting illegal immigrants ever conducted in the Southeast.

Source: Authorities arrest nearly 90 in South Florida in immigration sweep, South Florida Sun Sentinel, April 30, 2010

Continue reading "South Florida Criminal Attorneys Discuss Immigration Sweep" »

Two recent Broward County murder cases use surveillance camera videos as evidence. In one case, a 63-year-old Coral Springs man is charged with bludgeoning his wife to death and shoving an automobile containing her body into a lake. A 62-year-old Pompano Beach man faces similar murder charges. Both men were caught on tape by surveillance cameras at nearby businesses.

According to an article in the South Florida Sun Sentinel, there are now more than 2 million video cameras in spaces around the country, not including ATMs. These cameras can be used by police as powerful law enforcement tools for identifying suspects, discouraging property crimes, and spurring confessions.

Privacy advocates worry about the growing use of these cameras, but the trend is likely to continue in the future. In fact, governments like the city of Fort Lauderdale are now strategically setting up networks of surveillance cameras to monitor the city for possible crimes.

Source: Surveillance video is latest crime-fighting tool, South Florida Sun Sentinel, April 12, 2010

Continue reading "Fort Lauderdale Criminal Lawyers Discuss Cameras as Crime-Fighting Tools" »

Our South Florida criminal defense attorneys have learned that Florida's crime rate dropped by more 6% last year compared to 2008. Violent crime fell by almost 11%, according to statistics released earlier this week.

This trend played out across South Florida, including Broward, Palm Beach, and Miami-Dade counties. However, a spokesman for the Broward County Sherriff's Office said that while the county's 3% drop is encouraging, domestic violence continues to be an issue for the county. In fact, two recent cases involve men who were arrested in connection with their wives' murders.

Governor Charlie Crist said on Wednesday that crime in Florida has dropped to the lowest level in 39 years. He added that this reflects well on law enforcement officers.

Source: Broward County crime drops, South Florida Sun Sentinel, April 7, 2010

Continue reading "New Stats Show Crime Down in Broward, Palm Beach County" »

Our South Florida criminal defense attorneys recently read about a Pew Center study examining prison populations around the country. While 27 states lowered their prison populations in 2009, Florida's prison population actually increased by 1.5 percent, or a little over 1,500 inmates between December 31, 2008 and January 1, 2010. As of last week, Florida's prison population was just over 100,000.

Although the percent of Florida's increase was low compared to states like Indiana, which had a 5.3 percent increase, the actual number of inmates was the second largest in the country. Pennsylvania added the most inmates with 2,100.

Pew says the problem is a lack of consensus among Florida's leaders. The Florida Department of Corrections released a statement recognizing the growth of Florida's jail population but emphasizing that the growth was less than projected.

Source: Florida prison population rises as most states show declines, study finds, South Florida Sun Sentinel, March 17, 2010

Continue reading "Study Finds Florida Shows Florida Prison Population Rising" »

According to 7 News, a Broward Sheriff's Deputy is accused of intimidating a South Florida teen in court. The Broward deputy has over a decade of experience with the Broward Sheriff's Office and was accused intimidating a teen earlier this month while the teen was on trial for cocaine charges.

The suspect's mother apparently gave a court video of the incident to 7 News. In the video, the Broward Deputy can be seen walking past the family as he leaves the courtroom and he's heard asking, "is that good enough questions for you, cuz?"

Following this incident, the Broward public defender's office filed a letter of complaint with the Broward Sheriff's Office, asking the office to discipline the Deputy for his unprofessional behavior. A spokesperson for the BSO said they are looking into it but that the public defender's office should have contacted them first before going public to the media.

Source: BSO deputy accused of intimidating teen in court, WSVN.com, March 5, 2010

Continue reading "Criminal Defense Attorney in Broward Discusses Deputy Accused of Intimidating Florida Teen" »

Last month, Broward County 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 County 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" »