Articles Posted in General

There is often a great disparity between what people think they saw and what really occurred. Emotions, nerves, biases and many other extenuating circumstances all play a profound role in dictating how we perceive sights, tastes, sounds, etc. This is not just a phenomenon that causes interesting dilemmas in everyday observations; as our criminal defense attorneys know, this issue often exposes itself in criminal trials, when the prosecution calls a witness who claims to have seen the crime or scenes relevant to the crime in question.leifertfloridawitness.jpg

Often, what the witness claims to have seen did not actually take place, or what they claim to have heard was never actually said; frequently, video footage and audio recordings actually refute “eyewitness” testimony.

Does that mean that the mistaken witnesses are maliciously lying? Not necessarily, but it doesn’t have to. You see, there doesn’t have to be malice in order for a witness to be detrimental to the justice system.

Whenever there is reason to question the validity of testimony by a prosecution’s witness in a criminal trial, there is an advantage for the legal defense team. Remember, in our justice system, the defendant does not need to prove his or her innocence – the prosecution needs to prove guilt, and when one of their called witnesses is deemed unreliable, their case may be judged faulty, too.
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Our South Florida criminal defense attorneys have learned that the Miami-Dade State Attorney’s Office has chosen not to formally charge a federal prosecutor accused of exposing himself to a minor under the age of 16 due to “insufficient evidence.”

Police arrested the 36-year-old attorney on September 26 after the parents of a young girl accused him of exposing himself to a minor as he left the pool at a riverfront bar. He was reportedly wearing boxer shorts. The lawyer, who has specialized in narcotics and appellate cases, had recently returned from working at the Justice Department in Washington, D.C.

His attorneys called the arrest form a “fiction” and claimed that their client did not try to elude police officers at the outdoor bar because he was not aware that they were trying to detain him. Florida law prohibits adults from knowingly exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.

Source: No state charges for Miami federal prosecutor accused in exposure case, Miami Herald, October 19, 2010 Continue reading

The Law Offices of Leifert & Leifert, Aronberg & Aronberg and Sign A Rama in Delray Beach will be holding a food drive for the victims of the Haiti earthquake.

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The food drive will begin on Monday, January 25, 2010 and will last for the entire week from 8:30 am to 5:00 pm.

We are asking for canned food, rice, and bottled water.

Coral Springs Criminal Lawyer Brian S. Leifert just learned that a 2008 study has found Coral Springs to be the safest city in the State of Florida. Can that be? As a former prosecutor and now a Broward County Criminal Defense Lawyer, Mr. Leifert has worked on numerous Coral Springs criminal cases from minor misdemeanor offenses to serious felony charges. At first blush, the finding seems hard to believe until it was discovered that the study conducted by “City Crime Rankings 2009-2010: Crime in Metropolitan America” only included Florida cities with populations over 75,000.

The study also limited the types of criminal cases in Coral Springs and other cities to: murder, rape, robbery, aggravated assault, burglary and vehicle theft. It was not disclosed if the study also included juvenile cases.

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Coral Springs, Florida ranked No. 48 in the United States overall. Colonie, N.Y garnered the study’s safest ranking with Camden, N.J. the worst.

Boca Raton was rated the safest city in Palm Beach County (75th overall).
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Plantation, Florida –

The City of Plantation’s police department has some recommendations and tips for a safe Halloween. Our main Broward County criminal defense law firm is located in Plantation and we thought we would pass some of their ideas along to our readers.

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The focus here is obviously the children – their safety primarily, but also trying to limit any legal exposure – both criminal and civil. Our Plantation Criminal Defense Attorneys always see a spike in juvenile criminal cases on Halloween.

Halloween safety tips from the Plantation Police Department:

•Try to use sidewalks whenever possible.

•Walk facing traffic.

•Carry a flashlight to increase visibility.

•Have the children stay in your own neighborhood if possible.

•Don’t damage other people’s property. Just because it’s Halloween doesn’t mean the police will look the other way. The Plantation police department will still prosecute vandalism, theft and criminal mischief and any other juvenile criminal offense.

For more tips, see the Sun-Sentinel’s article, Halloween safety tips
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BROWARD COUNTY CLERK of COURTS

The core services of the Broward County Clerks Office include: filing court proceedings; filing and retrieval of documents such as arrests, traffic citations, affidavits, marriage licenses and other court related documents; collection of court fees; creation of court dockets and notification of participants.

Broward-County-Clerk-of-Courts.jpgThe following Broward County courthouses have Clerk of Court locations providing for fine payment and driver license reinstatement services Monday thru Friday 8:00 AM to 4:30 PM:

As a Fort Lauderdale criminal defense lawyer in Broward County and former prosecutor, I’ve seen it all when it comes to criminal cases being prosecuted. One of the most common questions we get from prospective clients (especially the younger ones) is “do I need a lawyer?”

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My answer has consistently been “yes.” It’s not based on what I do for a living. The bottom line is that any time an individual is charged with a criminal offense they should always be represented by a skilled and experienced Florida criminal defense lawyer. Anything you can do to protect and preserve your reputation will help you distinguish yourself and enable you to be the best candidate for employment, school admissions or even a quick check by the neighborhood “snoop.”

So, what are some of the advantages of being represented by an experienced Fort Lauderdale criminal defense lawyer?

A lawyer’s legal knowledge and experience may favorably affect jail or pre-trial release possibilities; may result in obtaining information about the case through skillful use of discovery devices; may uncover potential violations of constitutional rights and take measures to address them; may ensure compliance with speedy trial and statute of limitations provisions; and may identify and secure favorable evidence to be introduced at trial on your behalf.

At trial a lawyer can call witnesses for you, question witnesses against you and present evidence on your behalf. A lawyer can advise you on whether you should testify, the consequences of that decision, and what you have a right not to say.
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