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" »

For the first time in a while, Florida lawmakers have done the smart thing by reducing the sentencing guidelines for a very concerning offense-- sexting.

Under the original law, teens could be convicted and punished under the state's child pornography laws. They could also have been required to register as sexual offenders for sending or receiving nude photos of underage girlfriends, boyfriends or classmates.

Under the new law, which went into effect Oct. 1, convicted teenagers will be punished with a non-criminal violation for a first offense, a misdemeanor for a second offense, and a felony for three-time offenders, the Sun Sentinel reports.

Sexting in West Palm Beach and nationwide has become a new trend among teenagers because of the availability of cameras on cell phones and the instant access to sending and receiving photos. Fort Lauderdale criminal defense lawyers have followed this trend and the Florida Legislature's pathetic response to it.

Sadly, many teens were branded as sex offenders for simply receiving a photo of a naked person, whether it was the teens' plan to receive or not. These young people were even required to register as sex offenders in state and national registry databases, which are available online for all to see. Many teens lost an opportunity to attend college, earn scholarships or have any kind of positive future after being convicted of a felony, sent to prison and labeled a sex offender.

The Legislature over-reacted with the original penalties, not taking into account that many teens have poor decision-making skills. We are hopeful there is some help for those who have already been convicted and labeled sexual offenders under the initial poorly thought-out law.

Here's a breakdown of the new penalties for teens caught sexting:

First offense: non-criminal violation, like a ticket, punishable by eight hours of community service or a $60 fine.
Second offense: A first-degree misdemeanor, punishable with up to a year in jail, fines and fees, and possible community service.
Third offense: A third-degree felony, punishable by up to five years in prison.

Obviously, a third offense can be quite terrifying. Even a second-offense should be taken quite seriously by a teen who has many years ahead of him or her. Thankfully, lawmakers have made a first offense a wake-up call instead of a permanent scar on a person's criminal history record.

These charges must be aggressively defended because even a first mark can be devastating, and second or third alleged offense is even worse.

The criminal justice system is meant to punish, not rehabilitate. Prosecutors and police must realize that teens make mistakes -- as they themselves probably did when they were young -- and a criminal record isn't always the right move.

A West Palm Beach criminal defense attorney knows that and fights with everything available to ensure a permanent mark doesn't ruin a bright future. Kids do dumb things and they should be punished -- by their parents. Not every case deserves a criminal record. It's a good thing that Florida lawmakers finally got that right.

Continue reading "New Sexting Laws Take Over in West Palm Beach, Statewide" »

A 23-year-old truck driver from Hollywood is charged with grand theft auto after allegedly stealing a car that hadn't violated any traffic laws, the South Florida Sun Sentinel reports.

Grand theft auto in Fort Lauderdale is a felony and can be punishable by serious time in prison. That's why it is crucial to consult with a Fort Lauderdale Criminal Defense Lawyer before making any statements to police or conceding to any searches of your property.

In this case, the tow truck driver is accused of stealing a car from private property on Northwest 15th Street and taking it to be crushed. According to police, the tow truck driver obtained the vehicle from someone other than the owner and didn't get the person's thumb print on a derelict motor vehicle certificate, which is required by state law.

The tow truck driver allegedly took the vehicle to an impound lot, where it was completely crushed. She is charged with grand theft auto, knowingly inducing another to sign a vehicle title and receiving a derelict vehicle without proper paperwork.

She is being held in the Broward County Jail because she has a probation violation on a previous charge of fraudulently obtaining property in another jurisdiction.

This case offers some important lessons to the public. For one, grand theft auto is a serious charge that can result in years in prison. Under Florida law, the amount of possible punishment is determined by the value of the vehicle stolen. According to Florida Statutes 812.014, grand theft is punishable by anywhere from a third-degree felony to a first-degree felony. That's a range of 5 to 30 years.

In this case, the vehicle stolen is a 1992 Ford Escort, so it's unlikely that the charge will be more than a third-degree felony. But still, that charge can put someone in prison for five years. That kind of charge can ruin a person's career and reputation and cause many problems in the future.

Second, violation of probation in Fort Lauderdale can have lasting effects. Some defendants believe that getting out of jail time and getting a probation sentence is a walk in the park. But it's not. Probation officers are paid to hound defendants and make sure they are abiding by every condition of their probation sentence.

Any minor slip-up means the defendant can be right back in front of a judge who might have given them a break with a probation sentence, which typically doesn't make judges happy. They can sometimes revoke the probation sentence and send a person to prison for the full term of probation. For instance, if a person is sentenced to five years on probation in lieu of prison for a grand theft auto charge but fails a drug test, doesn't report on time or commits a number of the many conditions of probation, a judge could send that person to prison for five years and revoke the probation sentence.

That's why making sure your case is properly defended, which sometimes means getting charges tossed out or winning at trial. If not, it means getting the best resolution possible, which sometimes means striking a plea deal that works for the defendant and the state. But this charge carries tough penalties and has to be taken seriously.

Continue reading "Fort Lauderdale Tow Truck Driver Accused of Stealing Car" »

The South Florida Sun Sentinel reports that two teenagers were recently given $50,000 bail in connection with the road rash death of another teen in an alleged robbery gone bad.

Our Fort Lauderdale defense attorneys are former prosecutors who handle all types of criminal cases, including those involving juveniles. While the state may try to charge a teen as an adult, it's possible that in some cases the charges can be referred to juvenile court. Juvenile crimes can be devastating for a teen's reputation and future.

In this case, Pembroke Pines Police allege a teen was trying to sell about $25 in marijuana. While one of the suspects was examining the marijuana, the other allegedly sped away with the victim clinging to the vehicle for about 280 feet before he struck his head and suffered severe head trauma. He died two days later at Memorial Regional Hospital.

The newspaper quotes the police report, which states the two teens intended to rob the victim, yet prosecutors haven't charged the pair with robbery. The state has charged the teens, who are 17 and 19, with manslaughter with a deadly weapon, leaving the scene of a fatal accident and attempting to buy marijuana. The newspaper reports they could each face up to 31 years in prison.

But it appears the state doesn't believe the two intended to commit a robbery. In cases involving teenagers, often it's possible to convince prosecutors through expert witnesses and other means that the defendant should be charged in juvenile court, which can substantially reduce the potential sentence.

Also in cases where the co-defendants are teenagers, it's possible that witness credibility is at issue. All these are areas that should be explored by an experiened West Palm Beach defense team.

Manslaughter is defined as the negligent killing of a person without lawful justification. In Florida, manslaughter is punishable by up to 15 years in a state prison. A teenager sentenced to such a lengthy term in prison is a shame, but it can be avoided in some cases. Fight the charges, but choose the right lawyer.

Continue reading "South Florida Teens Charged in Dragging Death of Boy" »

A 20-year-old Belle Glade man is facing a murder charge in Palm Beach in connection with the killing of a 15-year-old boy, the Palm Beach Post reported.

A veteran Palm Beach criminal defense attorney must always be called to handle such cases. Whether juvenile charges in Broward or Palm Beach, or whether a teen or young person is charged as an adult, the outcome will impact the rest of a young person's life.

The Post reports a 17-year-old also faces first-degree murder charges. Both defendants were arrested and charged Thursday with the killing of a South Bay teen. The 15-year-old victim was found shot to death on Sunday in the yard of a residence on Northwest 11th Avenue.

Witnesses reported the boy was walking in the area and attempted to flee when the defendants began shooting from a Toyota Camry. Both defendants were arrested by gang unit detectives.

The teen was booked into the Juvenile Assessment Center. No court appearance has been announced.

An experienced juvenile defense attorney in Palm Beach may be able to help this teen prevent this case from resulting in decades behind bars. A thorough and independent review of the evidence should be conducted before deciding upon any course of action. Challenging evidence found as a result of search warrants is one avenue of defense that will be thoroughly evaluated.

Determining the extent of his involvement will go a long way toward determining whether the charges should be fought in court or whether his interests will be best served by negotiating with prosecutors. Frequently investigators will charge each defendant in a case, knowing those who were less involved will likely be successful in seeking a reduction or dismissal. However, a defendant does not have to pull the trigger to be charged and convicted of murder. Participation in the crime, even passive participation, is often enough for prosecutors to win a conviction.

Such charges frequently lead to defendants who point the finger at one another. Having a veteran attorney on board from the earliest stages of a case is the best bet for protecting your rights.

Continue reading "Palm Beach Homicide Case Illustrates Importance of Experienced Criminal Defense" »

As noted in a recent St. Petersburgh Times article, Florida has the highest rate in the nation of locking up children for life even when the crime did not result in death. The state also transfers more children to the adult prison system and tries more juveniles as adults. At its highest point in the mid-nineties, Florida had around eight thousand transfers.

Burglary was the crime that most commonly got juvenile offenders into the adult justice system. Florida is among the 15 states that give prosecutors "direct file," that is, the ability to put juveniles into adult court at their discretion. Florida statutes dictate that for certain violent crimes, like murder, prosecutors must direct file or seek indictment. Aside from those cases, prosecutors generally look at the defendant's circumstances, particularly when they are a repeat offender, to determine if they should be charged as adults.

Despite high crime rates in the 1990's, Miami Dade County is now seen as a national model for effective juvenile justice, because the county focuses on getting services for first-time offenders based on needs rather than their crimes.

Source: Florida leads nation in locking up kids in adult jails, TampaBay.com, November 12, 2009

Continue reading "Broward County Juvenile Attorney Explains Why Children End Up in Adult Jails " »

According to statistics from Florida's Department of Juvenile Justice, the number of youths charged with violent felonies dropped 7% statewide between fiscal year 2003-2004 and 2007-2008. The decrease was 2% in Broward County, 12% in Palm Beach County, and 13% in Miami-Dade County. The drop in juvenile crime rates came despite a rise in population.

Crime experts attribute the decrease to better support programs for teens and a general drop in crime levels, including teenage crime. Another factor may be the departure from zero-tolerance policies from the past. For instance, instead of automatic arrest an officer can now turn minors over to the wrath of their parents.

While overall statistics show a drop in juvenile crime, several recent incidents in South Florida show that teens are still committing violent crimes. Last month, a 17-year-old Miami student stabbed a teen classmate to death at Coral Gables High School. And in 2008, a 12-year-old Lauderhill boy bludgeons his infant cousin to death with a baseball bat.

Brutal cases aside, juvenile crime down in South Florida, figures show, South Florida Sun Sentinel, October 14, 2009

Continue reading "Broward Juvenile Lawyer - Data Shows Juvenile Crime Down in South Florida" »

In previous blog posts, Broward County Juvenile Lawyer Brian S. Leifert has explained how to manage a criminal record and given general background on criminal records in the United States. In this post, our South Florida criminal attorneys will discuss special forms of criminal records.

For instance, the United States justice system handles the criminal records of juveniles differently than the records of adult offenders. Most states, including Florida, treat anyone under the age of 18 as a juvenile offender. As long as the juvenile offender has not committed another crime, their records are usually sealed once the person reaches 18 years of age so that the person can get a fresh start as an adult rather than having their juvenile records follow them throughout their lives. The record can be kept open if there are additional crimes committed.

However, juvenile offenders are sometimes tried as an adult, and if the defendant is convicted, then the crime is entered on their record as if they were an adult. The person would then have to follow the same process as other adults if they would like to get their record sealed.

Another distinction is when a juvenile is convicted of a sexual offense such as rape, sexual assault, or inappropriate touching. All sex offenders, regardless of age, must register with the state sex offender registry in addition to having the offense added their record. The registries are accessible by anyone so that parents can be aware of registered sex offenders living in their area.

Special Forms of Criminal Records, HowStuffWorks.com

Continue reading "Broward Juvenile Lawyer Discusses Criminal Records for Juvenile and Sex Offenders" »

Three women were arrested last week in connection with a West Palm Beach stabbing. They are charged with aggravated assault. According to a report from the Palm Beach County Sheriff, Avia Pugh, 26, and Theresa Philmore, 33, were attacked last Thursday evening and treated for stab wounds at St. Mary’s Medical Center.

Witnesses led police to the home of Shantoria Lindsey, who is the mother of two of the stabbing suspects and godmother to the third. Mikeria King, 18, and Denisha Camble, 19, are in Palm Beach County jail in lieu of $30,000 bail.

Both Camble and King have prior arrests. King was arrested last November on theft and traffic charges, according to jail records. Camble was arrested last year for larceny, criminal mischief, and failure to appear on a shoplifting charge. The third suspect is a 14-year-old who was turned over to juvenile authorities.

3 teens charged with stabbing 2 women west of West Palm Beach, Palm Beach Post, March 23, 2009

Continue reading "Palm Beach Juvenile Attorney - 3 Juveniles Charged in West Palm Beach Aggravated Battery" »