Florida Criminal Lawyer Blog

A 16-year-old teen from West Palm Beach now faces attempted murder charges in the attempted murder of an 18-year-old, NBC News is reporting.

Charges of attempted murder in West Palm Beach are very serious crimes that can lead to decades in prison. Being a juvenile charged with this type of crime in West Palm Beach is a terrifying experience.

Our West Palm Beach criminal defense lawyers know that prosecutors have a lot of flexibility when they charge juveniles as adults and what charges they can file. Sometimes, pressure from the top, the news media or the family of the victim can inspire them to trump up charges against a teenager.

Any charges filed against a juvenile are serious -- whether the teen faces adult or juvenile charges. But adult charges mean the teenager will be treated the same as a hardened criminal and will face the same penalties.

According to NBC News, local prosecutors have decided to charge a 16-year-old police recently arrested on charges of being involved in a fight with attempted murder. The news station reports that police believe he and two other teens were involved in the shooting, beating and attempted kidnapping of an 18-year-old in Lake Worth.

The 18-year-old managed to get away after being shot three times and stabbed in the chest. The three teens allegedly believed he was responsible for robbing a friend's house. The 16-year-old, who was recently arrested, was held without bond.

CBS News is reporting that the teen faces charges of attempted murder and kidnapping. The incident happened in December and the victim was discovered by law enforcement after he was pulled over near I-95 by deputies.

This is the fourth arrest in the case, CBS News reports. Two other men and a woman have already been charged in connection with the beating.

Attempted murder in Florida has a specific definition, according to Florida Statutes 782.051. The state has several things it must prove to ensure that a beating is elevated from a battery to an attempted murder.

According to the law, a person who commits a felony, such as a sexual battery, robbery or kidnapping that could have, but doesn't, kill another person, they can be charged with attempted felony murder, which is a first-degree felony punishable by up to life in prison.

A person could face a second-degree attempted felony murder charge if a person is injured during the attempt of another felony. A second-degree attempted felony murder charge can still be punishable by up to life, or 30 years in prison.

As you can see, these are extremely serious charges that can lead to a life behind bars. For a juvenile, whose life is just beginning, this will essentially end their life after just over a decade on Earth. That's why they must have the best possible criminal defense representation possible. Every defendant requires this type of dedication in their criminal case, but in many cases, juveniles get caught up in the wrong crowd and don't see a way out. This leads to felony charges that can haunt them forever.

Continue reading "16-Year-Old West Palm Beach Juvenile Faces Attempted Murder Charges" »

A funeral director from West Palm Beach was recently arrested and charged with obscene communication after allegedly using a computer to set up a meeting with an agent posing as a 15-year-old boy, The Palm Beach Post reports.

Facing West Palm Beach sex crimes can not only lead to the possibility of job loss, problems in the community and issues with family and friends, but it can result in years of prison time, if convicted.

Our West Palm Beach criminal defense lawyers realize that the Internet invites criminal activity and that local law enforcement continues attempting to bring charges against citizens who may violate the law. But we also recognize that being charged with a sex crime is a serious thing that can derail a person's life.

There are obvious social consequences to being arrested for any charge, but sex crimes are among the most despised in any community. Even a misunderstanding with another person can lead to a person facing a sex crime. And what police often don't take into consideration is that an arrest can sometimes do as much damage in the public eye as a conviction.

Many companies will fire a person if he or she gets arrested, let alone convicted. But often, showing that a person isn't guilty of the charge through an acquittal at trial can go a long way toward repairing the damage.

In this case, according to the newspaper, police said the 49-year-old man was on a social networking site when he allegedly told a person he thought was a 15-year-old boy he would buy him a "foot long hot dog" and said they should meet at the movies to "kiss" and "cuddle."

According to the newspaper account, officers disguised as the teen chatted with the man, starting in November and throughout December and January. The man allegedly told the "boy" he preferred boys even younger than 15. He asked whether he was "out" to his family.

After having sent a shirtless picture to the "boy," the two set up a meeting spot recently and when the man showed up, detectives, not a teen, were there to greet him. The newspaper reports that the man admitted to doing the chatting and admitted it was wrong.

What's important to note in cases like this is not to make any admissions or statements to police. When they conduct long-term investigations about computer-based crimes, they often have amassed lots of evidence that can be used against the suspect. Talking to the detectives can hurt chances for an acquittal, as it will be used against the suspect in court.

The best course of action is to call an experienced West Palm Beach criminal defense lawyer as soon as possible. He or she can assess the situation and figure out what the best course of action may be moving forward.

These computer-based sex crimes often are technical and the evidence may be more about the computer than the sex. That's why an experienced lawyer -- who has prosecuted these cases and worked with police on them -- should be used to combat the charges.

Continue reading "Funeral Home Director Faces West Palm Beach Online Sex Crime" »

A Fort Lauderdale man is now in jail on a $174,000 bond after he allegedly was involved in a high-speed car chase with police, the Sun Sentinel reports.

Our Fort Lauderdale criminal defense lawyers have seen far too many high-speed chases end in disaster -- for the driver, the police and innocent pedestrians or other motorists. It is never a good idea to get into a chase with police.

Not only are police able to radio ahead to other units, but they can use helicopters and other devices to track drivers who may temporarily get away from cruisers. The bottom line is that these chases not only are dangerous, but they can lead to enhanced criminal charges.

If a driver initiating a high-speed chase crashes and causes someone to be injured or die, they can be charged with a form of murder in Fort Lauderdale. That's how serious these chases are.

In most cases, the driver is going to face traffic violations, such as speeding, swerving, running red lights, following too closely and other minor traffic infractions. But they're also going to face charges of eluding and resisting police, possibly with violence, as well as the reason for the initial traffic stop.

Sadly, many of these chases start for minor infractions, such as driving with a suspended license or driving without a license. Young people lose their cool and instead of going to jail, bonding out and allowing the criminal justice system to work, they drive away at high rates of speed. For many, they realize that a new arrest could lead to a probation violation and they're scared of going to jail or prison.

But fleeing is rarely going to result in any kind of long-term freedom, so it's typically pointless. Arrest warrants will be issued and eventually, the person will be arrested. It's better to get arrested without the chase and call an experienced Fort Lauderdale criminal defense lawyer.

In this case, a 22-year-old from Fort Lauderdale tried to get away from authorities, who were trying to arrest him on an open warrant for attempted murder. Police were called to a house for a robbery call and began chasing the man after he ran away from the house.

He allegedly hopped in a car and drove off, causing police to pursue. The man lost control of his car and hit a utility pole and suffered minor injuries. Police said they realized once they got him in custody and checked his identification that he was wanted by sheriff's deputies on a charge of attempted murder and two counts of armed robbery. He now faces additional charges of resisting arrest and fleeing at a high speed, the newspaper reports.

This is a bad situation that turned worse for this defendant. Being involved in a high-speed chase with law enforcement isn't going to turn out well. In fact, it's likely going to lead to more headaches for the defendant, who will face additional charges, some possibly felonies. Being charged with traffic violations or even an outstanding warrant and then remaining silent until speaking with an experienced Fort Lauderdale criminal defense lawyer is the best course of action.

Continue reading "Car Chase Leads to $174,000 Bond, Felony Charges in Fort Lauderdale" »

An 80-year-old woman was attacked after police say a suspect cut her cable line, causing her to go outside to check it, leading to a Fort Lauderdale home invasion robbery.

NBC News reports that police are still looking for the person who allegedly committed the crime December 30.

Our Fort Lauderdale criminal defense attorneys recognize that this is a scary situation and one that police will be diligently trying to solve. At the same time, we would be skeptical of evidence police may have to find a suspect, especially given that the main witness is old and the crime happened at night.

Witness reliability has come up time and time again in courts across the country as police attempt to use shaky witnesses to convict people. Some courts, including the New Jersey Supreme Court, have created rules and allowed for hearings when witnesses may not be so certain of what they actually saw.

Eye witnesses to crimes sometimes have motivations to lie, often put pressure on themselves to tell police what they want in order to try to protect their community. Or they end up being told inaccurate facts through the grapevine before police talk to them, which distorts the truth.

Defendants require a fair trial and for the state to prove the case beyond all reasonable doubt if it is to get a conviction. Sadly, this doesn't always happen, but an experienced and aggressive Fort Lauderdale criminal defense lawyer will be able to scrutinize all evidence that the state attempts to bring into play at trial.

According to NBC, around 8 p.m. that day, the woman walked outside the back door of her house to check the cable connection. There, she was met by a man, assaulted and taken back into her house, where the suspect went through the house. The woman ran away to her neighbor's house, where she called police. She was taken to Broward General Medical Center and was later released after only suffering from facial abrasions.

The only additional information CBS News provided is that police believe the suspect was black. It's unclear if the suspect was wearing a mask or any clothing to conceal his identity. It's also unclear if the woman was able to provide any meaningful description or whether any physical evidence -- such as DNA or fingerprints -- were found in the house.

This will be a tough case for police to solve, given the circumstances and, from what it appears, lack of solid eye witnesses. Depending on the layout of the woman's backyard and whether anyone else could have seen what happened or if any neighbors may have seen a getaway vehicle or anything else, detectives may not have much to work with.

Home invasion robbery cases in Fort Lauderdale come with a felony tag and serious potential penalties, so police must do their due diligence in investigating these cases. An arrest can be a life-changing experience and a conviction even more so, meaning detectives must have solid facts before moving forward against a defendant.

Continue reading "Elderly Woman Checks Cable, Becomes Victim of Fort Lauderdale Home Invasion Robbery" »

The U.S. Supreme Court is slated to hear a Miami case and decide whether police drug-sniffing dogs can be used to lead to searches even without evidence of criminal conduct.

This is a major Fourth Amendment issue that our Fort Lauderdale criminal defense attorneys will be following closely. Fort Lauderdale drug cases are serious crimes and the evidence that police attempt to bring into a case must be thoroughly scrutinized.

In a Florida court case that will affect all future and possibly past defendants, the nation's high court will now make a determination about whether this police tool violates citizen's Fourth Amendment right against unreasonable searches and seizures.

This case started in Miami, where police got a tip that a house was being used for growing marijuana. They took a drug-sniffing dog to the house and the dog sat down, which it is trained to do when it smells drugs. Based on that information, police obtained a search warrant and found 179 marijuana plants inside the house.

This is a real subjective law enforcement tool. Dogs recently hit on Snoop Dogg's tour bus in Texas. The man has spent a decade talking about the benefits of marijuana and has a medical marijuana card in California. A fish swimming in an aquarium could have "hit" on his tour bus.

It can be little more than an excuse for law enforcement to go on a fishing expedition.

In this case on appeal, the Florida Supreme Court threw out the evidence, stating that they were unwilling to allow dog sniff tests unless police had probable cause of criminal activity ahead of time. The U.S. Supreme Court, however, agreed to listen to the case after Florida prosecutors argued that a dog sniffing for drugs shouldn't be classified as a "search."

Eighteen states have backed Florida prosecutors' appeal, stating that drug dogs are an important tool for police fighting drug crimes in Fort Lauderdale and elsewhere. The high court typically sides with police in search cases, though not always.

Justices will hear argument on the case in April and have said they will make a ruling on drug-sniffing dogs by June. The case is Florida v. Jardines.

Any case that goes before the U.S. Supreme Court is going to have major implications on people everywhere. Simply because it is a case stemming from Florida doesn't mean that it will affect only Florida law enforcement agencies. It will affect every police agency and citizen.

This case is interesting because it goes to the root of our very rights as citizens. The Fourth Amendment was written so that police couldn't simply break into a person's house, without justification, and look for a reason to arrest a person. That is a terrifying thought. Apparently law enforcement thinks its okay to do so as long as they are with a dog?

People have the right not to have that happen, under any circumstances. The interesting thing about this case is that it deals with the tactics police use to obtain a search warrant from a judge. It also could affect the future of the use of drug-sniffing dogs, not only by police, but also bomb-sniffing dogs at airports and other venues.

The Florida Supreme Court was willing to uphold citizens' rights, preventing them from being searched by police officers who don't have any clear evidence. But it remains to be seen what the U.S. Supreme Court does. These justices tend to side with police, but how can they allow officers to have little or no evidence before busting into people's homes?

Continue reading "South Florida Drug-Sniffing Dog Case Goes to U.S. Supreme Court" »

In typical South Florida fashion, a 24-year-old has made national headlines after being arrested following a domestic violence incident during which he allegedly threw his own feces at his girlfriend, The Palm Beach Post reports.

While some may snicker, lawmakers have not joked around regarding similar incidents. In fact, in Florida, such a violation can result in a charge of aggravated battery in West Palm Beach, a second-degree felony punishable by up to 15 years in prison.

This is a commonly filed charge when inmates try to throw their own bodily fluids at jail and prison guards. Our West Palm Beach criminal defense lawyers understand how serious a charge this is and while strange circumstances, it must be handled like any other criminal case.

According to Florida Statutes 784.045, aggravated battery is when someone uses a deadly weapon or causes great bodily harm, permanent disability or disfigurement in committing a battery. A battery is intentionally striking another person.

In this case, a 19-year-old woman claims that her boyfriend, five years her senior, threw body waste at her during a recent argument. He was also charged with beating her during the same argument, The Palm Beach Post reports.

The 24-year-old was being held on $26,000 bond after being charged with battery, aggravated battery and criminal mischief. According to police, an officer was sent to the couple's home, where the 19-year-old claimed the battery took place. She said he threw waste at her and also hit her with his hands and a bed board.

The news article doesn't provide any details about what evidence the police have to back up her claims. According to The Miami New Times, the report states that the woman declined medical attention, despite a large abrasion on her chest. She was photographed and provided a statement. The man also had a small abrasion on his let arm.

It's hard to imagine that a person could be beaten and hit with a bed board and not suffer permanent injuries that require medical attention. In this case, the woman claims she was the victim, but the man, too, was injured. Simply being arrested doesn't necessarily mean police got the right person.

This is especially true in domestic violence situations. Often, it comes down to one person's word against another's, with little evidence to sway police either way. Whomever identifies as the victim usually is treated as such by officers, who tend to arrest the other person and consider them the suspect.

This can lead to serious charges as shown in this situation. But regardless of what one witness says, the state must have solid proof before they attempt to put someone in prison for a number of years. Our criminal justice system is based on proof beyond a reasonable doubt and that's what the state must have, regardless of the circumstances and the charge.

Continue reading "West Palm Beach Man Arrested For Alleged Feces Battery on Girlfriend" »

A 28-year-old Lauderhill man was arrested in connection with an early morning shooting that claimed the life of a woman and her daughter and injured the man's grandmother in what police are calling a Fort Lauderdale domestic violence incident.

Domestic violence can be classified as a violent episode between family members and usually relates to a husband and wife or girlfriend and boyfriend who get into an argument. But it can also mean a more serious altercation that leads to life-altering injuries. And it can involve children, siblings or distant relatives.

Our Fort Lauderdale criminal defense lawyers have seen where these incidents can start off as minor arguments, escalate to physical fights and then lead to battery charges that carry possible long-term penalties, including prison time, probation, fines and fees, community service and other sanctions.

But simply being arrested and charged with a crime isn't proof beyond a reasonable doubt that the suspect has committed the crime. And that's the standard that is applied to criminal cases. Police officers are able to make arrests with a much lower standard of proof and that's why sometimes charges end up getting dropped by prosecutors before trial.

In this case, a Lauderhill man is charged with shooting his wife and her daughter, killing them both. The alleged incident also ended in the man's grandmother being shot, but not fatally. Police reported that the man was taken into custody without incident in Fort Lauderdale.

According to the Sun Sentinel, Lauderhill police were called to the NW 55th Avenue home because of a shooting. According to the newspaper, officers found a 34-year-old woman and her 19-year-old daughter, home from college, dead. Shot in the arm was a 73-year-old woman who police said was the man's grandmother.

Witnesses allegedly saw the man driving away from the house in a 2000 pickup truck around 6:30 p.m. The couple had been married for about two and a half years and family members said the two had a "hectic" marriage.

Police surmised that the argument started after the 19-year-old said something in response to comments the man made to his wife. Police believe she was killed first. The couple had a 7-year-old daughter together, who was at the home at the time, but was not injured.

The newspaper didn't list what charges the man will face, but it's likely he could face two counts of second-degree murder, a charge of aggravated battery or attempted murder and even a possible count of child abuse.

Perhaps the key facts in this situation will be the credibility of the witnesses who say they saw the man driving away from the house in his truck. It's obvious there will be DNA from the man at the scene because he lived there, so that's not helpful to the state. And if he was at his mother's house miles away when he was arrested more than 10 hours later, police will have to have strong proof that he was in the house at the time of the crime.

Perhaps connecting a weapon in his possession to the bullets fired at the victims would be a key piece of evidence. Without it, it may be difficult for the prosecution to prove its case. While the state sometimes tries to rely on assumptions and circumstantial evidence, this can't be the tactic used in a murder case.

When someone's life is on the line and justice must be done, the state must have solid evidence in order to convince a jury that the suspect is guilty. Anything less is unacceptable. And an experienced Fort Lauderdale criminal defense lawyer will be there to point out the weaknesses in the prosecution's case.

Continue reading "Two Family Members Killed in Lauderhill Shooting" »

As our Fort Lauderdale DUI defense lawyers reported in November, law enforcement would be on patrol, looking to make as many DUI arrests as possible during the Thanksgiving holiday.

We were right -- the Florida Highway Patrol recently released its statistics, which showed a large number of DUI arrests and other traffic citations, numbers which don't include local law enforcement totals.

And as the December holiday season hits full swing, we again warn drivers not to get trapped in the net of police as they are stepping up patrols this holiday season. Being charged with DUI in Fort Lauderdale not only can introduce a person to the criminal justice system, but can put them on the hook for possible criminal penalties and out-of-court sanctions such as job loss.

That's why all aspects of the crime -- from the initial stop and whether it was lawful to the accuracy of the breath testing and field sobriety testing -- must be challenged by a skilled attorney. Otherwise, a person may not get a fair trial.

According to the Florida Highway Patrol, troopers made 136 DUI arrests between November 23 and November 27 this year. That number is up from the 121 people who were arrested for the charge in 2010. Troopers statewide actually filed 470 fewer citations in the same time period, however.

That doesn't necessarily mean that more people were driving under the influence and it certainly doesn't mean those who were arrested are guilty. It simply means they were arrested.

Police are under enormous pressure, especially this time of year, to make arrests for drunken driving. When DUI-related fatal crashes hit the news, officials and the public sometimes call for answers. Often, the only answer of law enforcement is to run more PR campaigns that include sobriety checkpoints and enforcement blitzes.

And they respond by beefing up patrols. This can end up ensnaring people who are innocent of the charge. This sometimes happens when overzealous police officers stretch the limits of what is probable cause and arrest people who may not be guilty.

It all starts with the traffic stop. Police can't pull you over unless you have done something wrong and that usually amounts to a traffic violation, such as speeding, running a red light or swerving. But it can also stem from having a tail light out, an improper license plate or an expired tag.

Once an officer makes the stop, he or she can use their training to see if the driver may have been drinking. What they classify as glassy eyes or blood shot eyes and slurred speech can all be used against the driver. Once they make these observations, it's likely they will arrest the driver for DUI. A breath test, if one is consented to, and field sobriety tests, may be formalities at that point.

So, fighting the charge is the only option. An arrest may be an embarrassing mark, especially during the holidays, but it can be erased with an acquittal, if charges are dropped or a successful plea to a less-serious charge. Simply allowing the state to bowl you over with these charges is never an option.

Continue reading "Expect Increased Law Enforcement Patrols This Holiday Season as Broward Police Seek DUI Arrests" »

Nearly two dozen people were charged with fraud in West Palm Beach recently after authorities alleged they participated in an assisted living facility scam.

Theft charges in West Palm Beach can range from simple petty theft of a candy bar from a convenience store to an orchestrated burglary of a house. It can turn into a white collar crime if there is a concerted plan to steal money from an organization, insurer or business.

All of these charges require the skills and experience of a West Palm Beach criminal defense lawyer. No defendant, regardless of the charges they face, deserve substandard legal counsel. In fact, the U.S. Constitution requires a defendant have a solid attorney representing them throughout the case.

In this situation, authorities allege that a Little Havana woman was creating fake credentials so that people could get jobs in assisted living facilities throughout South Florida. According to officials, the woman would charge several hundred dollars to people who were interested in getting one of these jobs.

Medical personnel are required to have specific skills in order to work at these facilities and in order to care for the disabled or elderly.

Officials said that an undercover agent approached the woman recently and asked for a health-based credential in order to get a job. The woman charged $200 and said she would be able to get a credential and a job for the agent working with children who had Down Syndrome.

The article by NBC Miami goes on to state that authorities recently shut down an assisted living facility because it was discovered that a majority of the workers had fraudulent and fake work credentials. Along with assisted living facility workers, private bus operators and three people classified as "ringleaders" have been arrested.

While many people have been charged and the general public may believe that these people are guilty, they are innocent until the state proves the charges beyond all reasonable doubt. In this case, that means that the state must have evidence to show that these people aren't entitled to the credentials they have and that the woman created all of them.

In cases where multiple defendants are arrested, it's likely the state will attempt to flip some of them to become state's witnesses. This brings up credibility issues because the state is essentially asking for a person's word in exchange for their freedom.

In these cases, what they say to police at the time of the crime, during a deposition before trial and on the witness stand must all be compared. Inconsistencies that show they are changing their story to favor the state's case must be pointed out to the jury. In extreme cases, it's possible to get those witnesses excluded for their bias.

This is at the heart of the fairness issue of a trial. A defendant must have the right to confront their witnesses, even if those witnesses were previously co-defendants. All aspects of the case must be challenged.

Continue reading "21 Charged In Connection With Assisted Living Scam in West Palm Beach" »

It's obvious that a murder charge in Fort Lauderdale is a serious offense. Not only are the allegations that a person has been killed by another, but the consequences could be life in prison or possibly the death penalty in Florida.

That's why murder must be treated differently. Not only must an experienced Fort Lauderdale criminal defense lawyer be hired to defend the client, but prosecutors and judges must keep in mind the rights of the defendant -- even more so than in other criminal cases.

This means a statement the defendant gave to police, if he did, should be scrutinized along with the police actions leading up to the conversation. Also, how police collected evidence and what actions they took to find witnesses should also be looked at closely.

In many cases, if a suspect's constitutional rights are violated, an experienced lawyer can file a motion to suppress evidence. If law enforcement acts improperly, such as gaining entrance to a person's car or house and seizing evidence without probable cause, that evidence can be thrown out of trial.

Or, if at trial, the judge or prosecutor makes comments or takes actions that cause the defendant to suffer bias, it's possible a new trial can be ordered. That's what happened in State v. Allen, a Maryland case.

This case stems from an altercation between two friends. Allen was at the house of John Butler one night in 2001. Allen asked Butler to drive him home, but he said no. Allen jingled his keys and threatened to drive himself home, which caused a fight.

In the middle, Allen stabbed Butler repeatedly, took the car and drove off before crashing it soon after. He was arrested and charged with many crimes, including first-degree murder, second-degree murder and armed robbery.

During trial, the judge told jurors that they could find him guilty of first-degree felony murder whether he had gone in with the idea to commit an armed robbery or only considered it after the murder. The man was convicted of first-degree murder, second-degree murder, armed robbery and other charges.

First-degree murder in Florida can be charged if the crime was premeditated or if another felony, such as armed robbery, is committed at the same time. The appeals court ruled that robbery can't be an "afterthought" in a felony murder case and sent it back for re-trial.

During the second trial, the only issue for jurors to consider was whether the man was guilty of first-degree murder. But a judge once again messed up when telling jurors that the man had already been found guilty of the armed robbery and second-degree murder, which paved the way for them to find him guilty of first-degree murder since that element of the crime was established by the judge.

An appeals court again granted a new trial. Judges make mistakes. But the defendant must always receive the benefit of the doubt. The bottom line is the defendant must have a fair trial in a Fort Lauderdale murder case.

Continue reading "State v. Allen Highlights Importance of Skilled Fort Lauderdale Criminal Defense Lawyer" »

A recent case out of Illinois highlights just how sloppy some police work may be. We bring this up because a situation like this could arise in South Florida, including cases of murder in Fort Lauderdale.

Our Fort Lauderdale murder defense lawyers believe that murder in Florida is a different crime than any other. For one, the allegation is that one person took another person's life, so the crime itself is heavy. But aside from that, a defendant who is convicted can be sent to prison for life, or worse, put to death.

In Florida, there are two ways to be charged with first-degree murder. The first is the state can attempt to prove that the crime was premeditated, meaning it was planned in advance. The alternative is for the state to prove beyond all reasonable doubt that the defendant killed the victim and it was done so while another felony crime, such as a burglary, robbery or sex crime, was being committed. An example would be if a person tried to rob a store and killed a clerk in the process.

In the case of Aleman v. Village of Hanover Park, an Illinois man was charged with murder after a baby died at his house, where he ran a day care.

According to court records, the man had run a day care for five months, but he also had five children of his own, ages 3 to 15. He had several young children in his day care, including an 11-month old. On a September day in 2005, the boy's mother dropped him off for the third day he had been at the day care. He appeared lethargic and feverish.

Just after arriving, the boy was gasping for air and collapsed. The man performed CPR and other than getting some fluid out of his nose and mouth, was unable to help. The man called 911 and an ambulance arrived and took the child to the hospital.

Police were called in and detectives asked the man and his wife to come to the police station. After being stuck in an interrogation room for 45 minutes, the man asked the officer if he could come back in an hour. The officer said no and told him he was under arrest. Five hours later, officers entered the room and said they wanted to talk with him since they had spoken with others.

The defendant told them he wanted to speak with his lawyer and an officer filled out a waiver of Miranda rights for the man to sign. He then told the defendant he wanted him to sign the waiver, but he could call his lawyer first. The defendant called his lawyer and during the conversation, the officer picked up the phone and spoke to the attorney, who said the defendant would be remaining silent.

The man was permitted to make other calls, asked to leave and was told he couldn't, then after being told that he couldn't help himself out unless he talked to police, called his lawyer again and told the attorneys his lawyer "told me to go ahead." He then spoke with officers for four hours.

The officers told the defendant they had spoken to three doctors who said the man must have shaken the baby to cause the injuries and death. After those apparent lies from police, the defendant admitted to shaking the baby too hard, though he expressed disbelief that he could have caused the child any harm.

The man was charged with aggravated battery of a child, which was amended to first-degree murder days later when the child died from the injuries. The man made bail and in the weeks and months later, the case fell apart. The prosecution found that the officers violated the man's Miranda rights by questioning him after he had tried to invoke his right to silence. Medical experts found that the boy's behavior on the date in question could have been caused by blows before that date.

The boy's mother had a criminal record with violent incidents. She allegedly was known to have beaten the boy and threatened to kill him. The mother was never charged, but charges against the man were dropped about a year later, court records show.

It's certainly good news the charges were dropped, but the man and his family were put through an awful situation for no good reason than the police did a bad job investigating. An experienced defense lawyer will rarely, if ever, tell a suspect to make a statement to police and will help expose bad facts like these in defending a felony charge.

Continue reading "Aleman v. Village of Hanover Park: Witness Credibility, Poor Police Work Lead to Murder Charges Being Dropped" »

The assaults keep coming on Florida's flawed DUI law, and our Fort Lauderdale DUI defense lawyers hope that one day defendants will see major changes to help uphold their rights.

In Naples recently, lawyers argued that the state's DUI law is unconstitutional because defendants aren't allowed to have the technology behind breath testing machines that are used statewide.

It's a legitimate argument. In any other type of case, the defendant is allowed access to all aspects of the evidence against him or her. In murder cases, for instance, the defendant gets all the reports that lab workers generate when they test DNA. They have access to the workers themselves to question them about their tactics. In cases where ballistics are tested to determine if a weapon is consistent with the bullets found at the scene, all of that evidence is made available.

But in a DUI case in Fort Lauderdale, easily the most commonly filed charge in Florida and nationwide, key pieces of evidence aren't made available to the person whose liberty is on the line.

The breath testing machines used in Florida -- the Intoxilyzer 8000 -- have been challenged for years. In recent years, DUI defense lawyers have been able to convince judges to order the breathalyzer's manufacturer to hand over its schematics to lawyers for examination, but the Kentucky company has been slow to respond.

Prosecutors on the state's west coast have dropped charges in cases where the machines were used by police and deputies because they equipment delivers readings that appear to be unbelievable. In some cases, the amount of breath measured by suspects was more than the combined lung capacity of a normal human being. It's obvious there are issues, and possibly problems with past cases that were never discovered.

According to The News-Press in Fort Myers, a Naples lawyer recently argued that the law should be thrown out because the law doesn't allow for defendants to get information on how the breathalyzers work. The machines are used in most DUI cases statewide.

The judge denied the attorney's motion but ordered the Kentucky company to provide records about the machine. But, the attorney can't share the information with other lawyers or anyone other than experts in the case.

Other judges statewide have made similar rulings in order to protect trade secrets. Ultimately, this will end up being a waste of time and resources because lawyers statewide can just make similar arguments and before long, every DUI defense lawyer in the state will have the information.

But at least judges are coming around. It's about time that DUI defendants in Florida have their rights upheld and have access to all the evidence against them. Even if it takes time, it is necessary. These cases are too important to allow the state to have an advantage in sending people to jail or prison.

These are important issues that will likely shape Florida's DUI law for years to come. These breath tests can be beaten because they are flawed. An experienced Fort Lauderdale DUI defense lawyer will work to ensure all aspects of the state's case is properly vetted for his or her clients.

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