January 25, 2012

16-Year-Old West Palm Beach Juvenile Faces Attempted Murder Charges

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.
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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.

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January 18, 2012

Car Chase Leads to $174,000 Bond, Felony Charges in Fort Lauderdale

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.
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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" »

December 16, 2011

State v. Allen Highlights Importance of Skilled Fort Lauderdale Criminal Defense Lawyer

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.
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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" »

December 12, 2011

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

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.
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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" »

September 18, 2011

Boynton Beach Wife Convicted in Murder-For-Hire Plot Gets House Arrest

A Boynton Beach woman, who has been sentenced to 20 years in prison for allegedly hiring a hit man to kill her husband in 2009, will be allowed to stay on house arrest while her case is appealed, the Sun Sentinel reports.

The 28-year-old's appellate attorneys have said that the woman didn't receive a fair trial because a key witness in the case told them he would be out of the country during the trial, yet was actually in Palm Beach County during the trial and didn't testify.
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Cases of murder or attempted murder in West Palm Beach can be punished by decades to life in prison and, in extreme cases, the death penalty. These are not issues that can be taken up by an attorney fresh out of law school.

Instead, cases like this should be handled by a West Palm Beach criminal defense team that has seen the tactics used by police and prosecutors for years. Without proper representation, the criminal justice system doesn't work and a defendant's rights may not be upheld.

In the high-profile trial of Dalia Dippolito, she was convicted in May of solicitation to commit first-degree murder. The trial started in April and lasted weeks before a jury found her guilty. Prosecutors alleged she hired an undercover Boynton Beach police officer who posed as a hit man to kill her husband, allegedly for $3,000.

The judge sentenced her to 20 years in prison, though she is now appealing. Leading up to trial, she successfully spent 18 months on house arrest, while abiding by all the rules put in place by the judge. So, while her case is being decided in the appeals courts, her attorneys were able to convince the judge to allow her to stay on house arrest.

The criminal process and appeals process are both crucial to making sure the checks and balances implemented in the criminal justice system are honored and upheld. But, it is much easier if the case is done right the first time.

An experienced West Palm Beach Criminal Defense Lawyer will work tediously to form a strong defense to combat what the state and law enforcement alleges happened. Whether through bad eyewitness testimony, overzealous police work, entrapment or just plain wrong identification, these types of charges can be beaten.

But because of the seriousness of charges involving death, attempted murder or solicitation to commit murder, prosecutors will usually take a hard-line stance in plea negotiations and seek top penalties. That also means law enforcement likely brought in as many detectives and officers as possible to work on the case so that the state has plenty of witnesses from which to choose.

That said, while beating a charge isn't easy, it is possible. But the earlier a defense attorney is hired, the better. A lawyer wants to have as much time as possible to become familiar with the case, the defendant and the facts in order to fight for the rights of the accused. If you are arrested, call today.

Continue reading "Boynton Beach Wife Convicted in Murder-For-Hire Plot Gets House Arrest" »

September 7, 2011

Fort Lauderdale Murder Suspect in Custody, Awaits Trial

A Sunrise man faces a charge of second-degree murder for allegedly strangling his roommate to death, NBC News reports.

Police believe the motivation for the killing was a disagreement over their bills. Yet in Florida, motive isn't an element the prosecution must prove. When police speculate on these things, it can be an advantage for the defense because it is another thing that can be brought up at trial in opposition to the state's theory.
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Charges of murder in Fort Lauderdale, or anywhere else for that matter, are the most serious on the books and can result in decades to life in prison or even the death penalty in select cases.

Yet, these cases can be won by defendants whose Fort Lauderdale Criminal Defense Attorneys puts in the work necessary to show that the defendant doesn't fit the charges. This takes a lot of work, but in cases like murder, it must be done every time without exception.

The 45-year-old defendant faces a charge of second-degree murder, which is a felony punishable by up to life in prison in Florida. To prove the crime, prosecutors must show the man actually caused the death.

NBC News reports that the man called 911 to report that he found his friend dead on the couch. Police are saying he changed his "story" several times over the weekend. When officers arrived at the apartment, they found a ransacked place, including the female victim's purse dumped out.

The man later told police, the news channel reports, that the two had an argument over bills and the cost of a refrigerator. He allegedly said he held the woman in a choke hold for two minutes, thinking he only knocked her unconscious. He allegedly staged a home-invasion robbery to throw off detectives.

What must be looked at here is the purpose of a suspect giving a statement to detectives. In this scenario, police would probably look to the defendant first because he lived with the victim.

But because he allegedly changed stories over time, he was arrested. A suspect and their attorney must make sure the police and state have enough evidence to prove the case and giving police a statement -- more ammunition against them -- doesn't help matters. Sometimes, these statements can be held out of trial if the defendant's rights weren't upheld, but that is sometimes an uphill battle.

The best scenario for a suspect is that they don't talk to police in the first place. Detectives are allowed to and encouraged to lie to suspects in order to get a confession. That is their only purpose when they get into an interrogation room. They can confuse a person on purpose and do what it takes to get them to say they did the crime. There is very little benefit to giving a statement. In fact, most of the time, it hurts the client at trial.

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August 18, 2011

Broward Shooting at Check-Cashing Store Turns Deadly

A store clerk died after being shot during a robbery at a check cashing store on Sunrise Boulevard recently, The Miami Herald reports.

Robbery that leads to murder in Fort Lauderdale is typically charged as first-degree murder, which can lead to a possible penalty of up to life in prison or the death penalty. That's why a defendant facing these types of charges must hire an experienced Broward County Criminal Defense Attorney.
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According to the news report, Broward County Sheriff's deputies received distress calls from inside the building saying there was a robbery. When a SWAT team arrived, shots were fired, police said. A clerk inside died from her injuries, while a suspect and a person found across the street, who may have been a bystander, were also injured.

A two-hour standoff situation insued. Officers thought they had a hostage situation and when paramedics attempted to treat a man on the ground outside the store, they noticed he was armed and waited for SWAT to extract him.

The other man, who hasn't been identified as a bystander or suspect, was treated by paramedics. All were taken to Broward General Medical Center.

Eventually, SWAT team members broke through a window of the business and brought out the clerk. Traffic on the typically busy six-lane West Sunrise Boulevard was cut off during the standoff.

In Florida, a person can be charged with first-degree murder by police, but in order for the charge to go forward to trial, the State Attorney's Office must seek a grand jury indictment, meaning a panel of people on the grand jury must agree that the charges rise to the level of first-degree murder. That's because of the severity of the penalties against someone facing that charge.

First-degree murder charges in Florida mean a person can face life in prison or possibly death by lethal injection. It can be proven either by proving a premeditated plan of committing murder or if the defendant committed another felony --in this case, a possible armed robbery -- while committing the murder.

Among the crimes that can lead to a first-degree murder charge: trafficking, arson, sexual battery, robbery, burglary, kidnapping, escape, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aircraft piracy, unlawful throwing, placing or discharging of a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, murder of another, resisting an officer with violence and a felony that is an act of terrorism.

As you can see, there are many potential reasons to be charged with first-degree murder if a person dies. But this doesn't just apply to someone who was the intended target of violence.

In fact, there have been many cases of a co-defendant dying during some sort of planned robbery and the surviving co-defendant is charged with murder -- even if the police, for instance, shoot and kill the suspect. In other cases, a person may have a heart attack during a house break-in and those responsible for the break-in can be charged with murder.

That's why hiring an experienced Fort Lauderdale Criminal Defense Attorney should be the first step in defending a crime of this nature. Getting sound legal advice in a case like this is critical to ensuring a defendant's rights are upheld from the very beginning.

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August 5, 2011

Suspect in Delray Beach Homicides Pleads to Gun Charges

A man authorities have named as a suspect in the deaths of a Delray Beach woman and her two children recently pleaded guilty to an unrelated charge of possessing an illegal handgun silencer, The Sun Sentinel reports.

The saga revolves around the fact that prosecutors believe the 34-year-old man killed his girlfriend because she would have been a key witness against him in the federal gun case. He has been held without bond on the charge as state investigators try to link him to the homicides.
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Weapons charges in Fort Lauderdale require the experience of lawyers who have spent years as prosecutors and know how the state and law enforcement work. Understanding these tactics and knowing how case loads and office politics can affect cases are an advantage that Fort Lauderdale Criminal Defense Attorneys bring to the table.

It can be particularly dangerous when the state starts with a suspect and then attempts to work backward gathering evidence, as appears to be the case here.

The man was scheduled to go to trial in U.S. District Court for the Southern District of Florida in Miami, but instead entered the plea, which calls for a range of imprisonment of 2.75 to 3.4 years. The charge of possessing an illegal handgun silencer carries a maximum sentence of up to 10 years in prison.

The man has been in custody since March, when the bodies of a 10-year-old boy and his 6-year-old sister were found stuffed in luggage that had been tossed into a canal that divides Delray Beach and Boca Raton. The siblings had been living with the man since their mother's disappearance the previous summer, the newspaper reports.

The man's on-and-off girlfriend was the children's mother and she would have been a key witness against him on the gun charge. She was found at a Palm Beach County trash processing plant last August, the newspaper reports.

Federal prosecutors have said in court documents that they can prove the man killed the woman and that the motive was to eliminate her as a witness in the gun case. A judge admitted into evidence a secretly recorded conversation between the woman and her ex-husband, where she admitted to buying a .22-caliber revolver with a homemade silencer from the defendant in West Palm Beach.

It comes as no surprise that charges of homicide in Florida carry the most severe penalties. In fact, a person charged with murder in Fort Lauderdale can face the death penalty or at least decades or life in prison.

But gun charges can be extremely serious as well. Using a weapon while committing other crimes can lead to enhancements that add years to criminal charges. Possessing a gun if you are a convicted felon is also a crime.

But these charges can be beaten, depending on the facts of the case and the ability of the lawyer to get key evidence eliminated. Being able to disprove state witnesses, shoot holes in the police investigation and suppress statements made by the defendant are examples of ways an aggressive defense attorney can serve the client.

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July 18, 2011

Fort Lauderdale Millionaire Killed; Girlfriend Arrested and Charged With Murder

The recent high-profile case of a Fort Lauderdale self-made millionaire being found dead, wrapped in bedding and his girlfriend being charged with his murder has made headlines throughout South Florida.

But the woman turning herself in to detectives doesn't make her guilty. According to The Miami Herald, she had found out that police accused her of the homicide and agreed to turn herself in to authorities rather than remain at large. It goes without saying that murder charges in Fort Lauderdale are serious and carry severe penalties. But hiring an experienced Broward Criminal Defense Attorney before answering to the charges can be a critical step in protecting your rights.
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According to The Herald, the 70-year-old man's body was found in June at his newly purchased mansion in the Tarpon River neighborhood. Police arrived after someone called 911 and found that his body had been wrapped in duct tape and covered in bedding and plastic bags.

Police told the media that they had several pieces of evidence linking the man's 54-year-old girlfriend to the crime and they know how he died, but they declined to release the information to the public. According to police, the couple's relationship had recently soured.

According to the newspaper, the victim started his career selling Honda motorcycles in San Diego and began selling Honda cars, owning several dealerships as the company became more popular in the United States. He met his girlfriend there and they moved together to Fort Lauderdale, where he purchased several million-dollar-plus houses.

Charges of murder in Florida can be brought by the state in several different formats. The most common charge where a person is killed may be second-degree murder. Second-degree murder, which is punishable by 30 years to life in prison, is defined as "the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual," according to Florida Statutes 782.04.

First-degree murder in Florida can be charged by prosecutors in two different circumstances: if they can prove the crime was premeditated (thought out in advance) or if it was committed while committing another felony. First-degree murder is punishable by life in prison or death by lethal injection.

Manslaughter is another charge that can be brought by the state in cases where a person is killed. This is defined under Florida Statutes 782.07 as essentially someone being killed by negligence without justification. Manslaughter carries with it a maximum of 15 years in prison.

So, as you can see, charges involving homicide in Florida are severe. And that's why hiring the right lawyer, attorneys who have been prosecutors and understand how prosecutors think and how police do their job is critical. These aren't charges that should be taken lightly and a diligent lawyer, one who will put in the research, file scores of motions to restrict evidence and aggressively go after witnesses is crucial.

Continue reading "Fort Lauderdale Millionaire Killed; Girlfriend Arrested and Charged With Murder" »

January 29, 2011

Palm Beach Homicide Case Illustrates Importance of Experienced Criminal Defense

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.

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November 25, 2009

South Florida Criminal Defense Lawyer Discusses ‘Death Burden’

Florida_attorney.jpgA recent article in the Panama City News Herald brings up an issue that our criminal defense law firm has noticed for years: the "death burden." That is, the tendency of jurors to convict defendants in more serious cases such as murder as compared with crimes such as DUI or domestic violence.

As the article correctly points out, jurors in county court, where DUI and domestic violence are common cases, tend to empathize with the defendant, perhaps thinking back to an incident when they might have gotten charged with a similar crime themselves. In circuit court, on the other hand, defendants are convicted at a higher rate, despite the fact the burned of proof in both misdemeanor and felony trials are the same (beyond a reasonable doubt). And in both scenarios, jurors are told that the defendant is innocent until proven guilty.

This issue highlights why it's so important for those charged with a crime to choose an experienced criminal defense attorney to ensure the best possible legal counsel. A skilled lawyer knows how to handle this challenge and build a persuasive case.

Source: The little courtroom: County court is where trial attorneys are made, NewsHerald.com, October 31, 2009

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May 28, 2009

Broward Criminal Attorney Using Insanity Defense for Teen Charged with Second Degree Murder

In Fort Lauderdale, Florida, the criminal defense lawyer for a 15-year-old girl accused of killing one of her classmates has said will seek an insanity defense for his client, who faces a second-degree murder charge in connection with a November 12 shooting. The girl is being charged as an adult, so if she is convicted of murder, she could face life in prison.

The defendant reportedly told police, "I wanted her to feel pain like me," after the shooting. Her attorney said the teen suffers from severe depression which causes her suicidal thoughts and habitual self-cutting. According to court documents, the defendant sliced her arm with a razor blade 96 times the day before the shooting and sent text messages to the murder victim.

The motion outlining the insanity defense included mention of the defendant's sexual molestation at age 6. It also stated that her parents beat her with a belt on a regular and that she writes suicidal poetry and short stories.

The court date is scheduled for Tuesday, July 28.

Attorney for teen accused of killing Dillard classmate seeks insanity defense, South Florida Sun Sentinel, May 28, 2009

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