Florida Criminal Lawyer Blog

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" »

A Boynton Beach man has been arrested after he allegedly shot a man who police say was his wife's lover, the Sun Sentinel reports.

When marriages are collapsing and infidelity is alleged, emotions can run high. This is a prime example of emotions overcoming a person, which leads to a Boca Raton shooting.

But sometimes in shooting cases, there is more than meets the eye. Police reports are one-sided, and initial media reports are usually the same way because they are based solely on the police report. An experienced Fort Lauderdale criminal defense lawyer can participate in news media information gathering and reporting to help a defendant get a fair trial and ensure his or her rights are upheld.

In this case, a 34-year-old man was arrested after he allegedly went to a house where his wife -- who had recently filed for divorce -- and another man were after going to dinner. The Boynton Beach man suspected his wife had been cheating on him, and upon entering the home he found the two in bed.

The victim was located in a nearby yard. He had six gunshot wounds in his chest, stomach and arm, according to the police report. He was transferred to a nearby hospital for treatment and was in critical but stable condition, the newspaper reports.

Police say the man gave a statement to police in which he admitted he shot the victim after first telling officers he was attacked with a knife and shot the man in self-defense. He later allegedly said he placed the knife nearby to make it look like self-defense.

Cases like this where suspects, victims and defendants know each other can be difficult to defend because if witnesses live, they are able to pinpoint the perpetrator fairly easily. Mistaken identity typically doesn't come into play when friends or family members are involved in a crime.

But making a statement to police rarely helps. In fact, it typically hurts a defendant's chances of obtaining a not-guilty verdict at trial or getting a favorable plea offer from the state.

Police are required to tell suspects what their rights are, called a Miranda Warning. In sum, the warning tells suspects they aren't required to speak with police, that they may ask for an attorney at any time, and that what they say can be used against them in court.

Most suspects have heard of Miranda Rights, but don't fully grasp what they mean. It means they don't have to say anything to detectives, and that fact can't be used against you if you are prosecuted. In fact, it likely will become an advantage.

If the state has no idea what your perspective on the crime is and can't use what you say to present against the evidence detectives find, they are less likely to have damaging things to use against you at trial.

In fact, testifying at trial will come out of nowhere to prosecutors, which can give the defendant a big advantage, if the case even goes to trial. But what typically happens is a suspect tries to explain his or her way out of the situation, thinking they will convince a detective they are innocent and just walk out of the police station.

It's far from that simple. Detectives have heard every story you could imagine, and they are expecting a person to make excuses. The best advice is to simply invoke your rights, ask for a lawyer, don't say anything and begin preparing your defense.

Continue reading "Love Tryst Turns Violent With Boca Raton Shooting" »

A 79-year-old man is charged with aggravated battery with a deadly weapon in Fort Lauderdale after allegedly shooting a boy, NBC Miami reports.

This is a serious charge levied against an older man. And he, and others like him, must have an experienced Fort Lauderdale Criminal Defense Attorney who will examine all aspects of the case and scrutinize all evidence the state intends to use at trial.

Battery charges in Florida can be charged as a felony and can lead to years or decades in prison, depending on the circumstances. Some people can get confused about the difference between battery and assault. Assault is threatening to do harm to a person, whereas battery is committing the physical abuse. Therefore, battery charges typically carry tougher penalties.

For instance, felony battery is punishable as a third-degree felony under Florida Statutes 784.03. That means a person can spend up to five years in prison, if convicted.

But Florida Statutes 784.045 defines aggravated battery, which is punishable as a second-degree felony and up to 15 years in a state prison. Aggravated battery means committing a battery while using a deadly weapon or intentionally causing disability, great bodily harm or disfigurement.

This particular case is a bit odd because, according to NBC News, the man was agitated at neighborhood boys knocking on his door. Police say boys were playing football in the street when the man came out of his house and fired a gun twice into the ground.

According to the news report, a bullet hit a 12-year-old boy who was outside playing. Police said the man intended to scare off the boys by firing the gun. Witnesses said the man allegedly came out of his house after a football hit the back yard. He was denied bond and was required to spend an extra day in jail before reappearing in court.

Along with base penalties that are laid out under Florida law, prosecutors can sometimes enhance the penalties against the defendant based on the use of a weapon, including a gun, knife, baseball bat and even a vehicle.

In cases of battery, an aggressive Fort Lauderdale Criminal Defense Attorney must examine all the evidence, including eye witness statements, if there are any, the victim's statement and what police officers write up in reports. Sometimes, the statements of witnesses contradict each other and can create doubt in the state's case. In this case, whether the defendant is suffering from dementia or other health issues could also come into play.

There is also physical evidence that must be examined. State crime laboratories may very well be used to examine bullets and other physical evidence at the scene. Scrutinizing their work and questioning whether or not there are matches and physical probabilities that the defendant committed the crime are essential elements to a strong defense.

Perhaps most importantly is attacking whether or not evidence in the case should be used against the defendant. Filing motions to suppress evidence and statements can be crucial in eliminating evidence from trial if it was obtained improperly by police.

Continue reading "Fort Lauderdale Man Charged With Shooting 12-Year-Old In the Stomach" »

Our South Florida criminal defense lawyers have read about a case involving a former Davie police officer charged with assaulting his pregnant wife. According to the South Florida Sun Sentinel, the officer failed to show up for his first trial, then fled the country before the judge and jury could hear more serious charges in a second trial.

Two of the jurors involved in the first trial have come forward saying they wished they’d known about the other charges and the defendant’s history. Since prosecutors are not allowed to share background information or information about pending charges because it might prejudice jurors, they say they had no idea about the aggravated assault charges against the defendant.

The Davie Police Department fired the officer last month. The ex-wife said he had relatives in Switzerland and Serbia, so authorities suspect he may have gone there. His defense attorney says it’s doubtful that he’ll be found. Local agencies and federal FBI officers said they are not actively pursuing him.

Source: Jurors regret acquitting fugitive Davie officer, South Florida Sun Sentinel, May 9, 2010

Continue reading "Jury Acquits Davie Police Officer Who Flees to Europe" »

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

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

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

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

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

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" »

According to the Federal Bureau of Investigation, violent crime decreased last year across the county, but it is on the rise in some South Florida cities.

Homicides went up six for a total of 18 in West Palm Beach, while the overall number of murders nationwide declined. West Palm Beach rapes also increased, though West Palm Beach's population shrunk by around 2,600 people last year according to state statistics. A spokesman for the West Palm Beach police said that overall, crime was down 17 percent; despite increases in certain types of crimes, there were 193 fewer violent crimes last year.

In Fort Lauderdale, rape increased by 17 to a total of 73, while robbery rose 112 to a total of 848. The population in Fort Lauderdale remained roughly the same. Burglaries also increased in Fort Lauderdale. The FBI noted that with the economy in a slump, more people are turning to non-violent crimes like burglary or larceny.

FBI: Violent crime down nationally, up in some South Florida cities, South Florida Sun Sentinel, June 2, 2009

Continue reading "Violent Crime Up in Some South Florida Cities" »

Two men were arrested in connection with the Saturday evening shooting of a Coral Spring police officer. As of yesterday, Jeremiah Derico, 20, and Yancy Polk, 24, were being held without bond. They are accused of robbing an Advance Auto Parts store, then fleeing the scene after threatening workers with an assault rifle.

Police Officer Paul Kempinski, 27, chased both men, and the suspect fired at him, piercing the officer's legs, arm, and his side with bullets. Kempinksi was listed in stable condition at North Broward Medical Center. Today he will undergo surgery on his left arm, which was pierced by a bullet.

Polk is charged with attempted murder. Police officers announced yesterday that Polk faces three more counts of attempted murder for allegedly shooting at three other officers, two Coral Springs officers and one a Coconut Creek police officer. Those three police officers were not injured. In addition to attempted murder charges, Polk is charged with armed burglary, kidnapping, and shooting into an occupied dwelling. Deico is charged with attempted murder and armed robbery.

Dozens donating blood today in honor of injured Coral Springs police officer, South Florida Sun Sentinel, May 26, 2009

Continue reading "Two Arrested After Allegedly Shooting Coral Springs Police Officer" »

The Florida Department of Law Enforcement released its 2008 crime statistics on Friday. The report showed that overall the Florida crime rate decreased approximately 2.8 % from 2007 to 2008. Violent crime dropped statewide, while larcenies and burglaries rose.

In Broward County, overall crime increased by less than 4%, although the population of the county dropped at the same time. In particular, Broward saw increases in the number of rapes, larcenies, and burglaries.

In Palm Beach County, the crime rate dropped in every category but murder. According to the report, the number of murders remained at 96. Overall, Palm Beach Country's crime rate dropped by nearly 4%.

Crime up in Broward, down in Palm Beach County, FDLE says, South Florida Sun Sentinel, April 16, 2009

Continue reading "Florida DLE Reports More Crime in Broward, Less in Palm Beach County" »