Broward DUI Lawyer Blog

An ABC News report says a Lake Worth man is facing several charges of possessing child pornography as well as child exploitation.

Child pornography charges in West Palm Beach or elsewhere in South Florida are difficult to defend, especially if law enforcement officers find the images on a person's computer.

But there are defenses to these charges that must be examined by an experienced Fort Lauderdale criminal defense lawyer. This includes exploring how police conducted their investigation, how evidence was gathered, and how they worded the search warrant to enter the house. This also includes showing exactly who in the household may have used the computer with the illicit images on it.

Another wrinkle in these cases is that child pornography charges can be handled either on the state level or federal level. These are two separate systems, bound by different rules of evidence, procedure and in different courthouses where cases are seen by judges and prosecutors trained to handle cases in a unique way.

The federal system typically carries higher penalties, calculated by a formula that takes into consideration the defendant's criminal history record as well as factors related to the crime, such as monetary loss or injury to come up with a range of imprisonment time. The state system acts differently and gives judges the discretion to sentence convicted defendants to the maximum sentence allowable for that charge.

But the defense can be presented in similar ways. For instance, if the defendant's rights were trampled upon by law enforcement as they attempted to gather evidence, or if procedures weren't properly followed as police spoke with witnesses or the defendant, evidence can be suppressed and withheld from a jury.

In this case, it appears the man faces federal charges because he is charged with possession of child pornography as well as child exploitation. Child exploitation is a federal charge that means to entice a child into sexually explicit conduct in order to create a photo or video. It is punishable by 15 to 30 years in prison, according to U.S. Code Title 18, Chapter 110, Section 2251.

According to the news story, the man was arrested after more than 50 images and videos of child pornography were found on his computer. He faces "multiple" counts of the two charges, the news reports.

Palm Beach County Sheriff's investigators said they got a report from the National Center for Missing & Exploited Children that a computer with an internet protocol (IP) address from Lake Worth was being used to upload child pornography.

The news article doesn't provide any additional details, such as whether the allegation is that the man used a child to create the images or if he is accused of simply possessing the images illegally. It's also unclear the steps law enforcement took to secure a search warrant and how reliable the information was from the National Center for Missing & Exploited Children.

Continue reading "Lake Worth Man Faces Child Pornography Charges" »

In two recent cases, a firefighter driving a city vehicle and an off-duty police officer were charged with DUI, the news media is reporting.

If anyone knows the potential effects of DUI accidents in Fort Lauderdale, it would be firefighters who are usually the first responders to bad accidents and police officers who investigate them.

This shows just how common this charge can be. No one goes out trying to commit a DUI, like a robbery or a scheme involving fraud. It is largely an accidental crime that the everyday person doesn't want to have happen. Fort Lauderdale DUI defense attorneys have seen this time and time again. They have defended countless drivers who either are mistakenly arrested or who have legitimate defenses to the charges.

In many cases, they don't feel they are impaired and are able to drive as well as someone who isn't intoxicated -- there are plenty of examples of non-impaired drivers who are distracted, speeding or are just poor drivers.

According to NBC Miami, the 10-year firefighter was charged with DUI and leaving the scene of a crash after allegedly driving a city vehicle into a parked car in Miami Beach.

He was off-duty, but was driving the city vehicle around 3 a.m. when officers allegedly witnessed him hitting a parked car, putting the vehicle in reverse and driving off. Officers later pulled him over and said they smelled alcohol on his breath and that he had slurred speech. It's unclear if he was tested for a blood-alcohol level or given field sobriety tests.

In a separate case, an off-duty Coral Springs police officer was arrested after hitting a vehicle with a 23-year-old inside who died as a result of the injuries she sustained. The 24-year-old member of the Coral Springs Police Department was allegedly drunk and has been charged with DUI manslaughter and vehicular manslaughter.

The Miami New Times reports that the off-duty officer was driving his own vehicle and received minor injuries from the crash. The woman injured in the accident died four days later. The article doesn't provide additional details about the crash, other than to say that toxicology reports show his blood-alcohol level was over the legal limit.

Both of these examples shows just how easy it is for someone to end up facing a DUI charge in West Palm Beach. It is easily the most charged crime in America, and lawmakers are continuously adding penalties and making them stricter in an effort to try to curtail the behavior.

But many people who are arrested aren't guilty. Police investigators trample on their rights, use false science to re-create crash scenes, and try to punish people they don't have enough evidence against in the first place.

These drivers must have an experienced DUI defense attorney on their side to fight their battles. While common, DUI defense is complex and requires experience and aggressive action on behalf of the client.

Continue reading "Firefighter, Cop Arrested for DUI in Two South Florida Cases" »

The Broward DUI Lawyer Blog recently wrote about a local police officer arrested for filing a false report on a suspect whom he didn't actually see driving a vehicle yet charged the man with driving with a suspended license. To keep things in balance, today we're going to talk about a lawyer's troubles with the law.

A local attorney who has been disbarred now faces criminal charges of grand theft, organizing a scheme to defraud, and practicing law while disbarred.

All professions can have bad apples that spoil the image of all of those who work in a particular field. Lawyers tend to feel the brunt of countless jokes and criticism, yet let's face it, when you are at your moment of need, facing a charge of theft in Fort Lauderdale, DUI in West Palm Beach or other law issues, you need to trust an attorney.

An experienced and dedicated Fort Lauderdale criminal defense lawyer is the only thing standing between a defendant and the criminal charges that could strip that person of his or her freedom. Therefore, having an experienced South Florida lawyer, with decades of work experience in local courthouses, by your side is invaluable.

According to a report in The Palm Beach Post, a 45-year-old Wellington lawyer faces charges of ripping off clients of more than $800,000 during real estate transactions. The lawyer is accused of the alleged crimes going back to 2004, according to court documents.

Investigators allege that the attorney helped a Finland woman sell a Lake Worth Home in 2004. When it closed for $800,000, the lawyer was supposed to pay her $733,125. But police believe he deposited the money into bank accounts, made some payments and then stopped, falling about $468,000 short of what he owed.

The actions led to him being suspended and eventually disbarred by the Florida Supreme Court, meaning he can no longer practice law in Florida.

While he was suspended in October 2009, prior to his disbarment in July 2010, he allegedly represented another woman in an attempted short sale of a townhouse in Royal Palm Beach. The woman wired money, which was supposed to be used to satisfy the mortgage, to the lawyer. However, the attorney allegedly kept the money. Subsequently, the house went into foreclosure and the woman was issued a $278,000 judgment.

Stories like these make attorneys cringe, just like officers likely were appalled to hear of an officer being arrested. But like any criminal charge filed by police and prosecutors, the charges must be proven far beyond the initial allegations made in the press.

What the public hears upon arrest is only the initial information that police have discovered usually in only a short time. The defense hasn't yet received the police reports, warrant affidavits, witness statements or other information that may show discrepancies or contradictions to the facts.

Police only put the information in initial reports that tend to support their evidence for an arrest. That standard is much lower that what is needed to convict a person of the crime of which he or she is charged.

Continue reading "Wellington Real Estate Lawyer Arrested, Accused of Stealing From Clients" »

A defendant recently came before a Fort Lauderdale judge requesting his 10 years' probation that he is currently serving be terminated. The probation was part of sentencing that stemmed from a fatal DUI accident in 1999. The judge denied his request, 7 News reports.

Many defendants who are charged with DUI manslaughter in Fort Lauderdale end up entering a plea because the evidence against them is overwhelming. Sometimes, though, it is a strategy that not only allows the family to avoid a trial full of gruesome details, photos and reminders, but also gets the defendant a good deal with reduced time.

An aggressive Fort Lauderdale DUI defense attorney can use years of experience and knowledge of the criminal justice system to help defendants get the best possible plea deal or trial defense strategy. While sometimes the evidence is overwhelming, there may be cases with "holes" that can be poked, potentially leading to better offers from prosecutors.

In this case, the defendant was convicted of killing a man in 1999 in a drunk-driving accident, the news station reports. He served two years in prison and was also sentenced to 10 years on probation.

After having served half of that time, he filed a motion to terminate probation early. This is a commonly filed motion by defendants who have had sparkling records of incarceration and probation and have done everything right. In order to reward them for serving their time as well as save the state money to get them off the probation rolls, it can be a win-win situation.

But, as in most DUI manslaughter or alcohol-related cases, the emotions were high inside the Broward County courthouse. A member of the victim's family had to be escorted out by deputies after yelling at the defendant.

The victim's family was there in full force, complaining about the fact that the defendant was simply using the rights he has to file a motion that he is legally allowed to file. They said he was putting them "through a nightmare all over again."

Sadly, sometimes judges allow that emotion from family members to sway their decision when assessing whether the defendant deserves a chance to prove himself or herself out in the world again.

Even with the defendant's family there in support, it wasn't enough as the judge denied the motion. The man will have to remain on probation.

These cases are tough and typically have family members on both sides in tears. But that doesn't mean defendants should get railroaded by the state and the system. They must have an advocate -- an experienced Fort Lauderdale DUI defense lawyer who will stand by their side to preserve their rights.

And that includes every stage of the proceeding, from before trial to after trial and all times in between. A defendant should be well-represented in all situations.

Continue reading "Termination of Probation Early Denied in Fort Lauderdale DUI Manslaughter" »

A Boynton Beach man who caused a DUI wreck that killed a 23-year-old and then fled to Central America was sentenced to 20 years in prison recently, The Palm Beach Post reports.

DUI manslaughter in West Palm Beach is the most serious charge that can be imposed on a defendant, as it carries a possible 15-year prison sentence.

For a charge as serious as that, an experienced and aggressive West Palm Beach DUI defense lawyer must be called in to defend the suspect. There are many defenses that can be employed by an attorney who has decades of experience handling these types of cases.

In an accident in which a person is killed, investigators will automatically look for signs of impairment by the driver. But what they sometimes miss is checking the victim's alcohol level. It's often possible that the person who was killed was the one who was impaired or whose actions caused the accident.

It's also possible, depending on the facts of the case, that officers didn't thoroughly investigate the scene. Accident reconstruction experts who are trained in what police do to re-create a scene can be hired by the defense to dispute information that police and prosecutors attempt to introduce as fact.

In this case, the defendant was scheduled to enter a guilty plea after being free on bond with an ankle bracelet. The Palm Beach Post reports that he cut the ankle bracelet that monitored his movements a month before the plea date was scheduled and flew to Belize, where he was tracked down by U.S. Marshals.

He was responsible for driving his Jaguar north in the southbound lanes of Interstate 95, causing an SUV to swerve and overturn to avoid hitting his vehicle. Three passengers in the vehicle were ejected. One died and the two others were seriously injured.

The newspaper reports the man had a blood-alcohol level of 0.144, nearly twice the legal limit of 0.08. He also had trace levels of cocaine in his system.

Family and friends say he was a once-successful businessman who had worked for IBM and created a business of his own. He helped a woman emigrate from China at the age of 16 to work for his company. She cried as she told the judge she let him down by not doing more to curtail his drug and alcohol use after a bad divorce.

These cases are always tragic, not only for the victim and his or her family, but also for defendants who find themselves in a position of facing decades in prison for a crime they didn't seek to commit. They often find themselves shocked that they are in a position to beg for mercy in order to avoid spending time in prison for a one-time mistake.

These cases are high in emotion and must have a level-headed defense attorney involved. A good West Palm Beach lawyer will see the case based on its facts, and carefully examine the prosecution's version of events that may be disputed. A person whose life and liberty are on the line deserves no less.

Continue reading "67-Year-Old Boynton Beach Man Gets 20 Years in DUI Manslaughter Case" »

A recent case out of Boca Raton highlights the need for reform in Florida when it comes to eyewitness testimony.

The Sun Sentinel reports that a man was working on landscaping a house on Enfield Street when a gold sports utility vehicle drove up to the man's truck, which was filled with lawn equipment. As the worker approached the vehicle, the SUV's driver pointed a gun at him as two others loaded the equipment into the SUV and then drove off.

The man claims he wrote down the license plate number of the SUV and called police, leading to the arrest of one man, while authorities search for the two other alleged suspects. It's in cases like this, where witnesses tell investigators that they have seen something with 100 percent certainty yet later provide different details, that eyewitness credibility and reliability can come into question.

In cases ranging from gun crimes in Fort Lauderdale to burglaries in West Palm Beach, an experienced Broward County criminal defense attorney must scrutinize these witnesses in order to determine the real truth of what happened.

In New Jersey recently, the state's high court changed the rules for how lay witnesses are treated in cases. The court made sweeping changes to the system, which could encourage other states to follow suit.

According to The New York Times, if defendants in New Jersey are able to show that a witness's testimony may be less than credible, or that he or she was influenced by police investigators or other witnesses to sway a certain way, a hearing must be held.

During the hearing, a judge must consider specific factors, such as weather conditions, the distance the suspect was from the witness, whether the person was under the influence of drugs or alcohol, and whether an officer may have persuaded him or her, for instance.

Even in cases where the judge allows the witness's identification and testimony into trial, the judge must give a detailed explanation to jurors about the influences that could increase the odds that a person misidentifies a suspect, leading to false charges.

New Jersey justices agreed unanimously that the U.S. Supreme Court's test for determining eyewitness reliability -- written some 34 years ago -- must be revised. They say that there is a "troubling lack of reliability in eyewitness identifications."

It happens frequently in cases where there are large crowds of people and a shooting or other crime happens. People scatter, not spending time to stick around to see the crime and the suspect with 100 percent clarity. Yet, rumors swirl and when the police arrive, sometimes secondhand knowledge is given as facts to investigators. Consequently, that weak testimony is often used in trial in an effort to convict a potentially innocent defendant.

Let's hope that Florida's Supreme Court takes a hint from New Jersey and scrutinizes this troubling area of law in order to ensure a criminal defendant in Boca Raton or elsewhere in South Florida gets a fair trial.

Continue reading "Landscaper Allegedly Held at Gunpoint as Gear Stolen in Boca Raton" »

A Fort Lauderdale police officer has been charged with perjury and falsifying a police report, the South Florida Times is reporting.

According to the news article, the officer, along with three others, were involved in the arrest of a 30-year-old Fort Lauderdale man in September. The officers alleged that the man was driving with a suspended driver's license. In a report and during a pretrial deposition, the officer said he pulled the driver over for an expired tag.

But prosecutors and the man who was arrested claim he was never pulled over but was fixing a flat tire on a vehicle in a parking lot at 3 a.m. on the day in question. He said an officer drove by, turned around and approached him to ask a few questions.

This is a sad and frightening case of police power gone awry, but it shows why Fort Lauderdale Criminal Defense Attorneys are skeptical of what the police say. But we do know that most law enforcement officers do a good job, are honorable and ethical, and try to do the right thing.

But there are some bad eggs who can ruin the reputation of an entire department with their actions. Whether in drug cases in Fort Lauderdale, theft cases in West Palm Beach or other types of crimes in South Florida, it is important for an officer to be held accountable for actions that may not have conformed to the rules.

In this particular incident according to the news report, the third officer to the scene was actually the one who transported the man to jail. He also compiled the reports and changed key details, including saying that the man was pulled over and not approached by officers while he was out of the vehicle fixing a flat tire.

The officer's attorney says the 28-month veteran made a mistake from inexperience rather than malice. The victim's attorney said he was happy that the state attorney's office was pursuing charges and not trying to sweep the officer's actions under the rug.

Even if officers act in good faith, they can make mistakes. Those mistakes could result in a defendant getting the charges against him or her dropped, or key evidence being withheld from trial. Police officers are trained in the proper procedures that must be followed to ensure the evidence they collect remains available at trial. But that doesn't always happen.

An experienced criminal defense attorney knows the problems officers can have with this issue, and how overzealous officers looking to get promoted and be recognized can sometimes skirt the rules. And, in cases apparently like this one, an officer can try to make up for bad police work by covering up the truth through acts like these.

Fort Lauderdale Criminal Defense Attorneys also applaud prosecutors for holding this officer accountable for the actions alleged here. Falsifying reports and seeking to discredit citizens through the power they have is unacceptable and must be stopped.

Continue reading "Fort Lauderdale Officer Charged With Perjury, Falsifying Report" »

Former baseball World Series MVP Manny Ramirez was recently arrested and charged with domestic battery after his wife claims he struck her in the face during an argument.

Domestic violence charges in Broward County carry with them a difficult stigma to defend, and that doesn't include the actual charges that must be defended in court. In the case of a high-profile athlete or celebrity, the news media over-hypes the case and brings more pressure on the situation.

Domestic violence cases require the skills of an experienced Fort Lauderdale Criminal Defense Attorney who can weed through the allegations and get to the real facts. These cases often come down to a "he said/she said" situation and, in the heat of an argument, allegations can be made that are false and can lead to an arrest.

When officers typically respond to a call of domestic violence, they are looking for injuries on the people inside the house. If both a woman and a man have injuries, it's possible -- right or wrong -- that the officers automatically assume the man caused or started the fight, and it's usually the man who gets taken off to jail.

In Ramirez's case, he was arrested at his Weston home. His 32-year-old wife said he hit her in the face with an open hand, causing her to hit her head against the headboard of the bed they share. He denied hitting her and told authorities he grabbed her by the shoulders during an argument and she ended up hitting her head.

An arrest affidavit states that the woman had a red and swollen face and a bump on the back of her head. The 39-year-old Ramirez had a first appearance, in which the judge ordered he not have contact with his wife.

These cases can be difficult because jurors tend to be sympathetic toward the alleged victim, which is oftentimes a woman. Prosecutors can play to the emotion of the jury by trying to make them sympathetic toward the alleged victim while making the defendant, who deserves a fair trial, look like the villain.

The officer's actions must be scrutinized. When officers respond to a domestic violence call, it's likely they will look to make an arrest for fear that inaction could lead to a more serious situation. Because domestic violence situations are often volatile, an officer doesn't want to respond to a house and be the one who left the couple together only to find out later that someone there was severely beaten, or even worse, killed.

For those reasons, officers sometimes make arrests without true proof that a crime was committed. They know that the alleged victim's words, coupled with their observations or photos they may take at the scene, is strong evidence against a defendant. This leaves no choice but to fight the charges with a Fort Lauderdale Criminal Defense Attorney standing by your side.

Continue reading "Former Baseball Slugger Manny Ramirez Charged With Fort Lauderdale Domestic Violence" »

A 20-year-old man from Boynton Beach faces the very real possibility of prison time for allegedly killing two elderly sisters in a November crash, The Palm Beach Post reports.

The man now faces two counts of DUI manslaughter -- punishable by a maximum of 30 years in prison -- after he was involved in a crash November 20 near Jog Road and North Oriole Boulevard in Palm Beach County.

DUI Manslaughter in Palm Beach County is the most serious DUI-related charge on the books in Florida. To be convicted of the charge, the state must prove that the driver was under the influence of alcohol while operating a vehicle and was responsible for killing a person, even an unborn child.

Under Florida Statute 316.193, that person faces a maximum of 15 years behind bars and a minimum term of four years.

You can see by the penalties just how important hiring an experienced and aggressive Fort Lauderdale DUI Defense Attorney is in these situations. The penalties threaten the defendant's liberty and well-being. An attorney is the only thing stopping the state from pummeling the defendant with penalties, helping the defendant to stand up and fight for his rights.

In this case, the 20-year-old ran into a 2009 Nissan Altima sedan with his 1999 Dodge truck one November evening. Investigators allege that the driver of the sedan was attempting to make a left turn when the vehicle was struck by the truck. The 84-year-old driver, from California, and her 81-year-old sister, of Delray Beach, were killed.

The news article doesn't state why investigators believe they have evidence to suggest the 20-year-old was under the influence of alcohol or that the crash was his fault. It remains to be seen how this case will play out in court. The man turned 21 recently.

There are two extremely important elements that must be proven in a DUI manslaughter case -- that the driver was under the influence of alcohol at the time of the crash and that the driver and the crash caused the fatal injuries.

In Florida when accident victims are older, what must be considered is who was actually at fault. Older drivers in Florida tend to make unreasonably slow turns, sometimes get lost and have been known to drive into buildings, oncoming traffic and other places. That's obviously a stereotypical statement, but it's an element of a DUI manslaughter case that must be considered.

Police officers must have undeniable proof that a driver was under the influence of alcohol at the time of the accident. That means they must have been able to show through blood testing, field sobriety testing, breath testing and other means of investigation that the driver's blood alcohol content level was .08 or higher.

This isn't as easy as it may sound as there are many ways to challenge all those elements of a case. But it can't be done by a person alone. Hiring an experienced Fort Lauderdale DUI Defense Attorney can help a defendant get a fair trial.

Continue reading "Boynton Beach Man Faces DUI Manslaughter in November Crash" »

A Boynton Beach mom now faces charges of DUI and child neglect after authorities allege she drove drunk and crashed a car carrying her kids, and engaged in an obscenity-laced tirade on an officer, The Palm Beach Post reports.

The unfortunate incident highlights the consequences of being charged with DUI in Fort Lauderdale and throughout South Florida. Not only does a person get handcuffed and sent to jail to face significant penalties, but they get their name plastered in the newspaper for all to see.

After being arrested for this humiliating charge, it is important to consult with an experienced Fort Lauderdale DUI Defense Attorney, who will fight the charges aggressively and seek an acquittal or a reduction or dismissal of your case.

In this case, the newspaper reports, the 23-year-old woman now faces charges of battery on an officer, DUI and two counts of child neglect. One Saturday night, officers were called to Woolbright Road and Congress Avenue where they found a car had been involved in an accident. When they got to the 2010 Ford Fusion, they found the woman and her two children in the back seat, the newspaper reports.

As firefighter and medical responders attempted to treat the three, the woman allegedly was "acting belligerent" and "was screaming obscenities" at a fire rescue captain. Upon exiting her car, she allegedly hit the captain's face with her fist. She was wrestled to the ground and handcuffed and sent off to jail.

Along with the criminal charges, this woman will face a driver's license suspension because of the arrest. This requires a Driver's License Hearing, a separate process from the criminal case.

Once arrested, a person has 10 days in Florida to request this hearing. And while a person's license is automatically suspended upon arrest, they can get it back if they can prove police officers didn't use proper procedures in dealing with you when you were arrested. Because the woman was in the backseat, officers may not be able to prove she was operating the vehicle.

Saving a person's drivers license can be very important because without it, a person may not be able to earn a living and pay their bills. Even if an attorney can obtain a temporary worker's permit to drive to work and back, this can be a huge inconvenience for a family.

The driver's license hearing is time-sensitive, so it's important to consult with an attorney right away. Waiting too long can hurt your chances of getting a hardship license as well as damage your ability to defend the criminal charges you face.

Attacking evidence at the onset and putting together an aggressive defense strategy to fight the charges is important for every defendant, especially those charged with DUI, who face jail time, DUI school, probation, fines and fees and possibly having to pay to install an ignition interlock device.

Continue reading "Boynton Beach Mom Faces DUI, Child Neglect Charges After Arrest" »

A Delray Beach man will now spend 10 years in prison after accepting a plea agreement in connection with the death of a 3-month-old baby, The Palm Beach Post reports.

Tragedies like these are difficult. Yet despite them, a defendant must be afforded the right to a fair trial in any case, especially a charge of DUI manslaughter in West Palm Beach or elsewhere in South Florida.

In Florida, DUI manslaughter is punishable by up to 15 years in a state prison, making the need for a strong defense that much more important. This can include scene reconstruction, aggressive questioning of witnesses and police as well as witnesses who can aid the defense by contradicting the people the state intends to call at trial.

All of this work must be done by an aggressive Fort Lauderdale DUI Defense Attorney and must not be left up to someone who has few years of experience. After seeing these cases for years, an attorney has a good idea of what tactics the state tries to use in trying to secure convictions.

The 32-year-old Delray Beach man was involved in an accident last year at Forest Hill Boulevard near Kudza Road. He crashed into the backs of two vehicles, killing a small child in one and injuring others in the other vehicle.

The infant was strapped into a car seat, but when the impact of the crash moved the back seat of the minivan she was in, it killed her. Her mother and 8-year-old brother were injured, as were a 2-year-old girl and a man in the other vehicle.

Just before the accident, witnesses say, the man was driving erratically and speeding while appearing to be staring at the sky and not at the road. The crash happened around 2:30 p.m. on a Saturday and witnesses said the man got out of his vehicle and began pacing around the vehicles before running away. Police later found and arrested him.

The article doesn't make clear what proof the state had that he was under the influence of drugs or alcohol at the time, but he agreed to a plea deal that will put him in prison for 10 years; he will still serve five years of probation upon release. He must also pay $10,000 in restitution.

What many people don't realize is that restitution is a penalty on top of prison and probation that a defendant facing charges of DUI involving a crash can face. If the state seeks money for damages, a judge can make the defendant, after being convicted, pay back victims for their injuries. That's on top of possibly facing a civil lawsuit.

This penalty is one more reason for a DUI defendant to trust an experienced West Palm Beach DUI Defense Attorney who will assess all aspects of the case and use the law to its fullest advantage.

Continue reading "Delray Beach Man Faces 10 Years in Prison for DUI Manslaughter" »

The Palm Beach Sheriff's Office recently forked over $600,000 to a person they arrested out of spite and without proof that a crime was committed, the Sun Sentinel reports.

While the public typically believes the police at their word, there are many of us who do not. And that's why the criminal justice system in the United States is the best of any country. There is a checks and balance system that comes with being arrested.

The state simply cannot make an arrest and run a defendant straight to prison without proving the case and that's where an experienced West Palm Beach Criminal Defense Attorney comes into play.

Whether a person faces charges of drugs, theft or assault in Palm Beach or Broward counties, an aggressive attorney will ensure that a defendant's rights are upheld at every stage of the proceeding. That starts with a first appearance hearing and runs through the discovery process, pre-trial motions, depositions, plea negotiation and trial.

In this case, a father and son from Loxahatchee filed a lawsuit in 2005 against the Palm Beach Sheriff's Office for an arrest that took place in 2001. According to the two men, they were targeted for aggravated stalking, aggravated assault with a deadly weapon and assault.

But the two men said former and current deputies, as well as the past and current sheriffs were responsible for a false arrest. According to the news article, the father called sheriff's deputies after reporting a 16-year-old was speeding up in down the man's street.

From that point on, deputies began investigating the father and son in connection with harassing and threatening the 16-year-old. Deputies filed charges against the two men with the State Attorney's Office. Among the allegations were that the the son allegedly drove a vehicle in the 16-year-old's direction after threatening to kill him.

After the State Attorney's Office wouldn't give deputies an arrest warrant, the arresting deputy falsified reports in order to arrest the men. Charges were later dropped.

The two men said they had to spend about $200,000 in lawyer fees in defending themselves from the allegations. They weren't allowed to return home for months because the 16-year-old's family said they felt threatened.

This isn't the first time the Palm Beach Sheriff's Office has faced lawsuits for false arrest, the newspaper reports. In 2008, a jury ordered the office to pay $132,000 to a man who was injured and falsely arrested during a street fight. A year later, the sheriff's office paid $250,000 to two men who were sexually molested as children by a deputy in charge of the Explorer program for young people interested in law enforcement careers.

Sadly, these injustices do happen and it requires the work of dedicated Palm Beach Criminal Defense Attorneys to point these things out upon arrest and throughout the criminal process in order to ensure justice.

Continue reading "Palm Beach Sheriff's Office Settles For $600k In False Arrest Case" »