Broward DUI Lawyer Blog

A recent West Palm Beach car chase led to two people being arrested and three people being injured, The Palm Beach Post reports.

Car chases with police can be very dangerous because suspects are often forced to drive at high rates of speed through crowded streets, putting them and others in danger. These chases are initiated by police officers, who sometimes have little reason to pursue suspects or violate department policies in conducting chases.

Our West Palm Beach criminal defense lawyers recognize that these chases can be extremely dangerous and can also lead to additional criminal charges.

In this case, The Palm Beach Post reports, two men were arrested after three people were injured following a chase and crash in West Palm Beach. The newspaper states that the 28-year-old driver, from West Palm Beach, now faces charges of fleeing and eluding, resisting an officer without violence, leaving the scene of an accident with injuries and driving with a suspended license.

The 20-year-old passenger is charged with resisting arrest without violence.

Police say an officer was responding to a call around midnight when the officer spotted a car running a stop sign. As the car headed north, it allegedly ran through another stop sign, heading north on Interstate 95.

As the officer followed, the vehicle drove south in the northbound lanes before heading through several stop signs and hitting a vehicle, causing the other vehicle to roll over. The story doesn't state when the chase began, however.

Police say the driver continued driving toward a residence and jumped out of the car when police caught up to them. They report the passenger threw himself to the ground, but wouldn't comply with orders from officers.

The driver allegedly ran away from police, but was later apprehended.

It may be tough to make a case against the passenger in this situation. Obviously, because he wasn't driving, it would be hard to charge him with participating in the pursuit. The fact that he gave himself up shows he was cooperating with police. If being injured in a vehicle collision and simply asking police not yank his arms behind his back and into handcuffs is a crime, most people in that situation would be charged.

As for the driver, the charges he faces show that the primary charge he was worried about was driving on a suspended license, which is no reason for a police chase. Now, both men face serious charges that require a strong defense.

An experienced West Palm Beach criminal defense attorney would advise clients never to engage in a high-speed police chase because not only does it put the driver and passengers at risk, but also other drivers, pedestrians, the police and others in harm's way. It will also always lead to more criminal charges. If someone is injured or killed, even the officer doing the chasing, the suspects can be charged with that death. It is a slippery slope that should be avoided at all costs.

Continue reading "Car Chase Leads to Two West Palm Beach Arrests, Three Injuries" »

More strange news out of South Florida after a 33-year-old woman was charged with domestic violence after her boyfriend missed a parking spot at a mall, ABC News reports.

Domestic violence in Boca Raton is a daily occurrence and yet police are often tasked with the difficult job of determining who was the aggressor and who was the victim. In cases where both people have cuts, bruises and scrapes, who should an officer trust?

Boca Raton criminal defense lawyers believe that it's difficult to make a snap judgement like that, especially when it's likely that one of the two people may be lying in order to avoid criminal charges. Far too often, if a man and woman get into an argument and the two turn their aggression to physical threats, the police will assume the man is responsible and charge only him.

This can happen even in situations where both the man and the woman have marks showing them have been in a tussle. Even in cases where there are no other witnesses and it's literally he said vs. she said, police will often make an arrest simply to assure there are no more flareups that turn worse.

But not in this case recently in Boca Raton. According to the news channel, a man and women were driving to the Town Center at Boca Raton. They were circling the crowded parking lot, looking for a free space to park.

The man was driving his girlfriend's car and as he missed a spot, the woman allegedly threw a cup of water at him and then slapped him several times, according to law enforcement officers.

According to the 33-year-old woman's arrest report, the man was wet and had red markings on his face when officers arrived at the scene.

This is certainly a strange case and it would appear that the man called police, though the news article doesn't specifically say that. This may be one of those situations where the victim/suspect was obvious to police, but that's not always the case.

In situations where people seek domestic violence injunctions, a Boca Raton criminal defense attorney should also be consulted. A person can be a temporary order with little evidence, though the person who the order is against gets notice and can appeal.

Legal representation is key in these situations because persuading a judge means the difference between an order being granted or denied. These orders can severely inconvenience a person's life because they typically restrict how close a person can get to the victim as well as whether they can contact them at all, either directly or indirectly.

For couples who have joint children or friends in common, this can be difficult. It also creates a stigma against the defendant, even if the facts are exaggerated. The standard of proof in these cases is low and simply convincing a judge to sign the order is all that takes to put one in place. Violating an order can lead to criminal charges, even if there aren't any charges currently in place.

Continue reading "Boca Raton Woman Arrested on Domestic Violence Charge Over Parking Spot" »

In a strange case, a man now faces attempted murder charges in Fort Lauderdale after police say he caused a driver who was trying to escape his attack to hit a pedestrian, who lost a leg in the crash, the Sun Sentinel reports.

The 18-year-old now faces up to life in prison if convicted of the odd attack that authorities said he was responsible for provoking.

Fort Lauderdale criminal defense attorneys have seen many pieces of strange news come out of South Florida in the last few decades. They tend to get a lot of media coverage, which can be negative for the defendant.

Extensive media attention can often lead to a biased jury, as prospective jurors are reading the newspaper and watching television news on a daily basis. What's talked about far less, is it can lead to a biased judge or a prosecutor who is particularly set on seeing a defendant serve time. But an experienced Fort Lauderdale criminal defense attorney can sometimes use the media to the advantage of the defendant.

In this case, according to the Sun Sentinel, the 18-year-old allegedly started yelling at two people outside a Fort Lauderdale market, threatening them and asking what they were doing in the man's neighborhood.

Police say the two people got into their vehicle, but the teen started kicking the car and then forced his way into the car. He then allegedly started attacking one of the people in the back seat. Then man also had a brick that he allegedly threw into the windshield, shattering it.

In an attempt to get away from the man, police say the alleged victims began driving off when the man allegedly tried to throw another brick. In the ensuing mayhem, the driver lost control of the vehicle and crashed.

The driver's car pinned a man against a light pole and after being rushed to the hospital, the man's leg had to be amputated above the knee. Police say the teen then fled the scene, but they were able to identify him through the victim's testimony.

Along with a charge of attempted murder, the man faces charges of burglary with assault or battery, throwing a missile into a dwelling and criminal mischief. A Broward County judge ordered the man held without bond.

This is certainly a horrific set of facts, especially for the man who lost a leg as the result of an accident. But what will be interesting to see is what other witnesses at the scene said happened. It's unclear from the article where exactly this took place, but presumably there were others around when the incident happened.

It's possible there was some provocation from the alleged victims that led to the confrontation. And it's certainly possible that there was some overstating of facts about what happened inside the vehicle.

This case will certainly get more interesting as it moves on and it's likely the man's Fort Lauderdale criminal defense lawyer will persist in getting all the facts of the incident and not just what police said happened in their initial summary.

Continue reading "Fort Lauderdale Man Faces Attempted Murder Charges After Pedestrian Loses Leg" »

A 56-year-old Boca Raton man was recently charged with domestic aggravated assault and resisting an officer with violence after two family members said he attacked them when they complained about the volume of the stereo he was playing, The Palm Beach Post reports.

This Boca Raton domestic violence incident highlights the need for an experienced West Palm Beach defense lawyer, who is able to help in cases of domestic violence.

These types of incidents are difficult for many reasons, but from a justice standpoint, it usually is a case of one person's word against another person's word. The person assuming the role of victim is usually believed by authorities, which leads to criminal charges for the other person.

Given the typical lack of witnesses, it can be tough to nail down the exact facts, but arrests are usually made anyway. In this case, deputies found the man and his brother-in-law fighting in the street when they arrived.

They ordered both men to the ground, but deputies say the 56-year-old refused to cooperate. They say he took a "fighting stance" after they began approaching him. Police stated that after they got to him and attempted to put him in handcuffs, he elbowed one of the responding officers.

The man's niece told authorities that she she got home from work, she heard music "blasting" from the man's room. She asked him to turn the music down, but he cursed at her. When she turned it down herself, he allegedly grabbed the stereo and smashed it over her head and began striking her repeatedly.

The woman's father, the 56-year-old's brother-in-law, pulled him off her, deputies wrote in their report. The men screamed at each other and moved their argument to the front yard. When deputies tried to speak to the man, he cursed at them and told them nothing happened.

In cases like this, it's possible that a restraining order could be helpful for a victim. To do it alone could be difficult, however. It requires going before a judge to get the paperwork issued and served on the person who is considered the aggressor. The initial filing is only a temporary order.

Once the person is notified of the restraining order, they can then appeal the order, which can require a hearing. If that person has an attorney, it may be difficult for the victim to get the restraining order made permanent. Representation is important.

An order will limit the contact that can be had between people. In cases where they live together, this can make life very difficult for the suspect, which can be a factor in whether the order is granted or not. But, restraining orders are designed to protect victims from those who have hurt them and a violation of an order can lead to additional criminal charges.

These documents can be helpful to stop a potentially difficult situation. But at the same time, these orders typically are based on a he said/she said type of evidence. That's what makes these types of cases so tough. And why an aggressive defense is always necessary.

Continue reading "Boca Raton Domestic Violence Incident Highlights Question of Restraining Orders" »

A bizarre case is being reported out of South Florida recently, as a homeless man was arrested and charged with committing a robbery in West Palm Beach, though he told police he was forced by three men to do it. The Palm Beach Post reports.

In cases like this, police must do extra work to determine who is telling the truth. Understandably, police officers are typically skeptical of suspects because most have had every lie possible told to them in their line of work. It's not uncommon for some officers to disbelieve just about every person they suspect has committed a crime.

But there are instances where people tell the truth and the police disregard them anyway. That's when an experienced Fort Lauderdale criminal defense lawyer should enter the picture and take over the task of talking with authorities about the charges.

There are instances when a defense lawyer can use the facts of the case along with some persuasion, to get prosecutors either to drop charges or file less serious charges. Sloppy police work can allow this to happen.

You see, the charges that police arrest a person on aren't necessarily the charges that the state attorney's office will file. What typically happens is after police make an arrest, the officer writes up a report and marks and photographs any evidence that was collected.

Supervisors sign off on the work and after a certain time period, prosecutors are handed the case. They then have a deadline to file formal charges with the court. Sometimes, what the police charged is what the prosecution charges, but sometimes it changes.

That's because the police and the prosecution have different standards of proof. For the police, it's simply probable cause. That means reasonable suspicion to believe a person has committed a crime. That's as simple as a house was broken into and a person was seen nearby. That could be an example of how basic probable cause is.

But the prosecutor's burden is proof beyond all reasonable doubt. That's a much higher standard than what police officers have, so sometimes the charges can change from the time of arrest to when formal charges are filed with the court.

Proof beyond all reasonable doubt means that if there is any amount of doubt that the person is guilty, the defendant must be found not guilty. There are examples of reasonable doubt in many cases that must be taken into consideration.

In this case, the 44-year-old claims that he had been held captive by three men and was forced to commit several crimes. He is charged with robbery and is being held without bond.

Sheriff's deputies report that he alleged walked into a postal center one recent afternoon and demanded money. The clerk ran off to another business to call police and when she returned, there was $400 missing from the register.

The next morning, the man called police to report that he had been held captive at gunpoint and was forced to commit several crimes. He gave them the street names of three men, whom he said were holding him at a trailer park. Police said the man couldn't provide any additional descriptions of the three men.

Continue reading "Man Charged With West Palm Robbery; Says He Was Forced To Do It" »

A Fort Lauderdale man was arrested in connection with a brutal beating of a man that was caught on tape, local news media is reporting.

Being charged with robbery and battery in Fort Lauderdale is a major crime. Almost certainly, it is charged as a major felony, which can lead to serious prison time. As our Fort Lauderdale criminal defense lawyers well know, these charges must be fought aggressively.

Often, these cases involve people who know each other, and sometimes a self-defense strategy can pay off, but it depends on the case. Battery, depending on how badly a person is injured, can be charged either as a misdemeanor or felony.

According to Florida Statutes 784.03, a person who intentionally strikes someone can be charged with a misdemeanor. But if they have a prior battery conviction and is accused of a subsequent battery, they can face a third-degree felony, punishable by up to five years in prison.

The law also states that if someone attacks another person either with a deadly weapon or severely injures another person in an attack, the suspect can be charged with aggravated battery. That is a second-degree felony punishable by up to 15 years behind bars. As you can see, the charges can escalate rather quickly.

According to NBC Miami, a 27-year-old man was arrested and charged with robbery and battery in connection with a Nov. 4 attack in the parking lot of the Villas of Lakeview apartment complex in Fort Lauderdale.

The Lakeview homeowners' association president was the victim. He supposedly was trying to break up a noise disturbance at the units when he was attacked. Surveillance video showed the man standing next to his bicycle and talking on his cell phone before a person runs up and sucker punches him in the side of his head.

When the man tried to get up, he was punched twice and then kicked in the head, the video shows. The man's iPhone was stolen.

Police told the Sun Sentinel that officers used tips from the public as well as officers working leads to find the suspect. The 27-year-old now faces charges of battery and strong-arm robbery, both felonies.

At a court hearing, the man was initially held without bond because his arrest came as he was out on bond for marijuana possession charges. NBC reported that he later was ordered held on bond of $26,500.

The 61-year-old victim refused medical treatment once authorities arrived. The man has been the homeowners' association president for three years and has lived in Florida for six years.

Neither news source lays out why police believe they have evidence linking this man to the attack. It's unclear how detailed or clear the video is and whether or not the stolen phone was recovered in the man's possession or ever connected to him after the attack. Because the man was attacked without notice and then hit several other times, it's unclear if he would be able to identify the suspect. The police seem to have their work cut out for them in this case.

Continue reading "Man Charged in Connection with Beating Fort Lauderdale HOA President" »

A recent case out of Georgia shows that overzealous police work can sometimes lead to a bad arrest. It's a situation that can happen anywhere, including Fort Lauderdale and other South Florida locations.

Our Fort Lauderdale criminal defense lawyers understand that police officers have a lot of pressure on them to solve crimes and catch the bad guys. This pressure comes from superiors, the victims, the news media and the public. Not only that, but they want their community to be safe like anyone else.

But, sometimes they go too far. They break rules, bend laws and violate people's rights. And that cannot be tolerated in a free society. In Boykins v. State, an officer had no right to search a person's car, but did so anyway and the Georgia Supreme Court called him on it.

According to court records, the man went to trial before a judge and without a jury and was found guilty of possession of cocaine. He was sentenced to four years in prison. On appeal, he argued that the evidence of cocaine in his vehicle should have been suppressed by the judge, though it wasn't. The man argued his Fourth Amendment rights were violated.

Court documents reveal that a police officer was patrolling a high-crime area and saw a man pull up to a woman walking down the street. Suspecting the man was attempting to pay for sex, the officer pulled around and the man drove off. The officer asked the woman if she knew the man, which she didn't.

The officer followed the man to a nearby apartment complex and pulled him over after he parked his car. The officer asked for identification, which the man said was in his apartment. He gave him his name and date of birth, which revealed an active warrant for his arrest.

After the officer asked the man to step out of his car, he handcuffed him and handed him over to a second police officer who had responded as backup. The first officer then searched the man's car and found cocaine in the center console.

During a hearing to suppress the cocaine evidence, the state only offered the officer, who recounted the story that way. An appeals court ruled that the officer had no reason to search the car. There are exceptions when an officer can search a vehicle without a warrant, but those are typically when a suspect is within reach of possibly being able to get his or her hands on something in a vehicle, such as a weapon.

In this case, the court ruled, the officer had no reason to search the vehicle. What was in the car had nothing to do with the alleged prostitution, which wasn't charged, nor with the man's outstanding warrant for a probation violation. The conviction was reversed.

Skilled and experienced Fort Lauderdale criminal defense lawyers are able to spot problems like these when officers overstep their bounds. This can lead to all evidence against a defendant being held out of trial, no matter what it is.

Continue reading "Overzealous Police Work Could Happen in Any Case, Including Fort Lauderdale Drug Cases" »

A Maryland case highlights the need for an experienced attorney to be at the defendant's side, especially when the case is a serious one. If something like this happens to someone in South Florida, the person should probably consider consulting with a Fort Lauderdale criminal defense lawyer.

In this situation the charge is murder, but what happened applies to a defendant facing any charge, including battery in Fort Lauderdale or drug charges in West Palm Beach. The criminal justice system is based on checks and balances. The defense lawyer is there to represent the suspect and keep the state accountable and ensure a fair trial. The judge is supposed to keep both sides in check and ensure they follow the rules.

But the system doesn't stop there. There are appeals courts and both state and federal supreme courts, all of which can look at the facts and make sure the defendant received a fair trial. If not, a new trial can be ordered, the defendant can get the charges dropped if the errors were egregious, and judges and prosecutors can be ordered removed.

In State v. Allen, a man was charged with murder in Maryland and had his rights violated not only in one trial, but also in a second.

According to court documents, Jeffrey Allen was at his friend John Butler's house one night in October 2001. Allen asked Butler to drive him home, but Butler refused. Allen then grabbed his friend's car keys, dangled them in front of the man and told him he'd just drive himself home.

That caused a fight and during the fight, Allen stabbed Butler with a kitchen knife, took the car and drove off. He later crashed the car and was arrested by police. A grand jury indicted him on charges of first-degree premeditated murder, first-degree felony murder, second-degree murder, armed robbery and a list of other less serious crimes.

During his first trial, a judge caused an irreparable problem when he told jurors that to convict him of first-degree murder, they could find that he intended to commit an armed robbery either before, during or after the murder. On appeal, a court ruled that an "afterthought" of robbery can't be used to convict someone of felony murder and they awarded a new trial on that charge only, upholding the convictions on the second-degree murder, armed robbery and other charges.

During the second trial, the jury was told the only charge they had to determine was whether the man was guilty of first-degree murder. During jury selection and again once the jury was set to deliberate, the judge -- despite objections from both sides -- told them the man had previously been convicted of the robbery.

In Florida, to prove felony murder, the state must show a person killed another while they were committing another felony, such as robbery, burglary or a sex crime. By telling jurors the man had been found guilty of the robbery, the judge did their job for them, finding one half of the allegation already true. They quickly convicted.

On a second appeal, a court struck down that conviction and ordered a third trial. It's unclear if the state has decided whether to continue down this path again. And while this is a murder case, judges make major mistakes in all types of cases. And while sometimes those mistakes can't be reconciled immediately, an appeal can sometimes help.

Continue reading "State v. Allen Shows Every Defendant Requires Skilled Defense Attorney" »

A recent case out of Georgia shows that people charged with even basic crimes, including a Broward County drug case, can face major consequences.

Such was the case in Moncrieffe v. Holder Jr., where a man who was a legal citizen for nearly three decades was ordered deported because of an arrest and conviction.

Our experienced Fort Lauderdale criminal defense lawyers understand that not only is freedom on the line for a person charged with a crime, but tangential factors could be on a person's mind and factor into their decision about whether to go to trial or consider accepting a plea from the state.

A drug charge in Fort Lauderdale can increase in severity depending on several factors. In these cases, the type of drug is perhaps the first thing a prosecutor will consider when determining what charges to file. In Florida, charges are broken down by schedule, or type of drug. Depending on how the drug is classified, a person could be charged with a misdemeanor or varying degrees of a felony.

The amount or weight of the drugs in question also comes into play. Florida Statutes allow for increased penalties and differing charges if a person is considered to possess or possess with intent to distribute an illegal substance and that hinges on the weight or amount of the drug. Trafficking occurs when major hauls of drugs are seized.

Also, the location of the person when he or she is arrested is important. If near a school or church -- typically within 1,000 feet -- an additional charge can be filed. If there is equipment police consider paraphernalia, that can lead to even more charges.

In most cases, a person facing drug charges is looking at possible prison time and, by some estimates, about 30 percent of people in Florida's prisons are there because of drug-related crimes. This shows that the government's "War on Drugs" is still alive and well, even some decades after it began.

In the Moncrieffe case, the man had entered the United States in 1984 at age 3 from Jamaica. He was a legal permanent resident. But in 2008, in Georgia, he entered a guilty plea to a charge of possession of marijuana with intent to distribute. He was placed on probation for five years.

That alerted immigration officials. who said that he was removable under federal immigration law because they deemed him "an aggravated felon" for being convicted of a "drug trafficking crime."

Officials argued that the charge he entered a plea to was essentially a federal felony under federal law and therefore he was removable. He appealed, arguing that the Georgia crime shouldn't be considered an aggravated felony, stating that the charge he pleaded to is equivalent to a misdemeanor under federal law. His charging document in Georgia didn't state how much marijuana he possessed at the time of his arrest.

The Board of Immigration Appeal wasn't swayed, but the man appealed to the U.S. Court of Appeals for the Fifth Circuit. The appeals court conceded that appellate courts throughout different regions of the country view similar situations differently. In some circuits, minor drug convictions can be considered felonies, while in other circuits, judges presume that only a small amount of marijuana is involved and therefore the person shouldn't be considered a felon under federal immigration laws.

This court ruled against the man, however and agreed that he should be deported. It's unclear if he has taken his case to a higher court on appeal, but it's obvious that even a minor drug case can have long-lasting effects. These are all factors a Fort Lauderdale criminal defense lawyer should consider when defending a person charged with a drug case.

Continue reading "Moncrieffe v. Holder Jr. Shows Impact of Deportation; Could Happen in Broward Country Drug Cases" »

The Florida Supreme Court recently heard arguments about why the state's drug law should be struck down, but lawmakers have vowed to continue making changes to the law, The Associated Press reports.

A decision by the state's high court could end up freeing hundreds or even thousands of prison inmates convicted of drug charges in West Palm Beach and elsewhere throughout the state. The 2002 drug law eliminated the requirement that people charged with a crime must know that a substance they possessed, created or sold was an illegal drug. A Manatee County judge struck down the law as a violation of due process rights and appeals courts have been grappling with the issue.

Our West Palm Beach criminal defense attorneys recognize this issue is important. Drug crimes in Florida are the reason many people are locked up in our overcrowded prisons today. Being charged with a drug crime can subject a person to major prison time, if they are convicted. Probation, fines, fees and other sanctions are also a possibility.

Two South Florida Republican lawmakers are seeking passage of two bills that would restore the element of proof at least in drug trafficking cases. Both say they will push their legislation forward, even as Florida Supreme Court justices take up the issue.

The Manatee County judge's decision resulting in charges being dropped against more than 40 defendants was akin to an earlier ruling by a federal judge, and that decision is also being appealed. The Associated Press speculates that if Florida's high court and a federal appeals court in Atlanta disagree, the issue could make its way to the U.S. Supreme Court.

In a recent hearing on the issue, justices did most of the talking, allowing lawyers little time to make their points. One justice questioned a public defender on whether people who are charged with these crimes actually know that the drugs they have are illicit.

The lawyer argued that the law still has the ability to turn an innocent person into a criminal. If a person steps on white powder and doesn't know if its cocaine or just a normal substance, they could end up facing a drug charge. A person could obtain a pill made mostly of legal drugs, but it could include a controlled substance.

And forcing people to prove they didn't know the drug they are charged with handling was illegal turns "upside down the presumption of innocence" and forces people to testify and not remain silent. Every defendant has a right not to speak and that can't be used against them, according to their constitutional rights.

This is a critical issue for Floridians and it is one that our West Palm Beach criminal defense lawyers will be following closely. The rights of the accused are critically important and should be upheld at every juncture. Forcing a person to prove their innocence goes against the state's burden to prove the crime beyond all reasonable doubt.

Continue reading "Lawmakers Vow to Push For West Palm Beach Drug Law Change" »

A West Palm Beach man on probation was arrested recently after authorities discovered guns and drugs inside his apartment, The Palm Beach Post reports.

Probation is much more difficult than most people believe. Some think that going to prison is difficult, and it is, and that probation is a cakewalk, which it isn't. For people who are convicted or enter into a plea agreement, probation can sometimes be a condition for crimes such as drug offenses in West Palm Beach, burglary or assault.

It requires meetings with a probation officer, monthly payments, notifying the officer when you move or changes in employment and sometimes comes with a curfew. An experienced Fort Lauderdale criminal defense lawyer knows that probation doesn't work for everyone.

And a Fort Lauderdale violation of probation can lead to a re-arrest and conviction, putting the defendant right back where they were before they took on the challenge of adhering to the strict guidelines of probation.

One West Palm Beach man found out the hard way recently, according to the newspaper. the 28-year-old is now charged with violating probation, 10 counts of possession of a firearm or ammunition by a convicted felon and possession of marijuana.

Probation officers and police officers searched his apartment one recent morning during a routine status check. People who agree to serve time on probation agree to many different conditions, which can include random drug testing or random searches of their property. This is to ensure they haven't committed any new crimes while on probation, another condition of probation.

After finding rifles in the man's bedroom closet, officials left his apartment and sought a search warrant. After getting a warrant, officers found six rifles, including an AK-47, two other pellet rifles, another AK-47 and then magazines for handguns and a rifle. Police also allegedly discovered marijuana baggies and other drug paraphernalia.

The 28-year-old was on probation at the time after being convicted in 2000 of manslaughter with a firearm. Police say they will test the weapons to determine if they may have been used in any unsolved crimes.

People who are convicted of a crime -- gun-related or not -- are prohibited from having a weapon. That is a separate crime. This particular defendant now faces perhaps dozens of years in prison, if he is convicted.

Consulting with an experienced criminal defense lawyer is important because while a plea deal with the state may keep a defendant out of prison, setting them up for failure as a probationer is even worse. It means a person could end up facing prison time for the maximum penalty of the original crime they faced.

Their time on probation could be nullified with a new conviction. It's possible that time on probation isn't going to work and a shorter prison term may actually be beneficial. Prosecutors tend to prefer prison time over probation anyway, so that may be an option.

But if a defendant wants to avoid prison time at all costs and is charged with violating probation, a defense lawyer must be called in to look at the case and determine possible defenses.

Continue reading "Probationer in West Palm Beach Arrested After Drugs, Guns Found" »

According to The Associated Press, a Broward County sheriff's deputy was recently arrested on charges of domestic violence after allegedly getting into a fight with his girlfriend. NBC Miami reports that he allegedly beat and choked the woman as well.

Charges of domestic battery in Fort Lauderdale have come into focus lately after several South Florida athletes have been arrested on similar charges. In the last several months, Miami Dolphins wide receiver Brandon Marshall and former World Series MVP Manny Ramirez were arrested on charges of domestic violence.

In Marshall's case, he was accused of striking his wife, who them was accused of stabbing him with a piece of glass. Without cooperation from either, charges were dropped by authorities, who were unable to prove the allegations.

In Ramirez's case, he was accused of causing his wife to hit her head against their bed's headboard after pushing her. He claims it was an accident.

These charges require the experience of a skilled Fort Lauderdale criminal defense lawyer, who can seek to get charges dismissed or lessened either through a plea agreement or a trial. These charges can have serious consequences on a person's reputation, career and standing in the community.

And they can lead to jail or probation on top of fines and fees and the aforementioned personal problems. But these charges oftentimes are based on allegations that are unproven. In many domestic violence situations, police are called to a house or apartment with little information.

When they get there they are forced to make a decision of whom to trust -- typically the man or the woman -- without much physical evidence that can tie either one to being guilty.

In this case, according to NBC, the 56-year-old Broward County Sheriff's deputy was arrested and charged with domestic battery by strangulation and domestic battery. A report states that deputies responded to the home after midnight after the officer called police to tell them he'd been headbutted by his girlfriend.

The girlfriend countered that he had spit in her face, took her to the ground, headbutted her and punched her in the eye "with a closed fist" several times. She also claimed that the deputy choked her.

Both were hospitalized -- the deputy with a laceration on his forehead and scratches on his arms and his girlfriend with pain in her head, bruising and cuts. Apparently, only the deputy was charged.

This is another situation where law enforcement officers must make a tough decision in a relatively short time. They received a call from the deputy, a man, claiming he had been attacked. Yet it was his girlfriend who apparently made the more compelling case to be the victim. And, so, officers charged the man.

This happens every day in every city. Domestic violence is common, but what's debatable is how common it is for officers to arrest the right person. They rarely get called to a situation where they don't make an arrest because if they leave and the violence escalates, there could be consequences for everyone involved.

Continue reading "Broward Deputy Charged With Domestic Violence in Fort Lauderdale" »

A Miami man was arrested and charged with DUI after being stopped on Interstate 75 after crossing Alligator Alley, The News-Press reports.

Fort Lauderdale DUI charges can stem from either an accident where police are called or if an officer makes observations about a person's driving. Luckily, drivers can't simply be pulled over without a reason.

But, sometimes it happens. A police officer must be able to explain to a Fort Lauderdale DUI defense lawyer why the initial traffic stop was made and what caused them to consider the driver a suspect of driving under the influence.

Like any situation, a person can be pulled over for a variety of reasons:

• Speeding


• Swerving/improper lane change


• Starting and stopping suddenly


• Broken tail light


• Following too closely


• Running a stop sign or red light

In most cases, an officer will use his or her observations to determine if the person has been drinking. For instance, if a person has bloodshot eyes or they appear "glassy," the person may have been drinking. If their speech is slurred or they don't appear to be with it, this can also lead to police investigating them.

But the initial stop is critical. If police didn't have probable cause to make the traffic stop, all evidence they collect can be thrown out after an attorney files what's called a motion to suppress the evidence. After a hearing before trial, a judge can determine police didn't have a right to make the stop and toss all evidence against the suspect.

In the Naples case, a 35-year-old man was allegedly involved in a crash in Broward County near mile marker 31 on I-75. He allegedly stole a black BMW and drove it westbound. Law enforcement issued a "be on the lookout" for a man fitting his description and Florida state troopers discovered that Collier County Sheriff's deputies had stopped the man there.

Deputies had determined the man was under the influence of alcohol, though the article doesn't state how they determined that. He now faces charges of DUI, grand theft auto and driving with a revoked driver's license.

While police make most DUI arrests after routine traffic stops, they do have the opportunity to investigate a driver for drinking and driving after an accident has occurred. When they get to a scene, police likely will inquire about whether either driver has been drinking to determine the cause.

Being charged with DUI in Fort Lauderdale isn't the end of the world. These charges can be fought aggressively and police must ensure a driver's rights are upheld during their investigation. Any improper behavior can lead to charges being dropped or downgraded.

Continue reading "Man Charged With DUI in Naples After Crossing from East Coast" »

Two young men were arrested by Boca Raton police recently and charged with holding up a Pizza Hut restaurant at gunpoint, The Sun Sentinel reports.

Charges of armed robbery in Boca Raton and throughout Florida can be punished with long prison terms that are enhanced when police and prosecutors can prove that a weapon was used. The state's 10-20-Life law allows for strict penalties for weapon use.

The 1999 law passed by Florida legislators allows for a person who possesses a firearm while committing certain felonies to be sentenced to at least 10 years in prison. If the gun is fired, the penalty jumps to 20 years and if someone is injured or killed, the sentence is 25 years to life in prison.

If a previously convicted felon is charged with possessing a firearm, they must be sent to prison for at least three years and any gun-related prison sentence must be served consecutively -- meaning one after the other -- to any other term of imprisonment.

These are serious sanctions for crimes when a gun is used. But as an experienced Fort Lauderdale criminal defense attorney well knows, any charge can be beaten, depending on the facts and with an aggressive defense strategy.

In this case, around 1 p.m., the restaurant's cashier said a man armed with a gun and wearing a gray bandana over his mouth demanded money. After the cash register drawer was put on the counter, the man calmly walked out of the restaurant at 21342 St. Andrews Boulevard.

Police said that they later stopped a 22-year-old and a 19-year-old who were driving a green Chrysler with a tan convertible top that witnesses said was the getaway car.

The 22-year-old quickly gave up his friend, telling police that he drove him to the Pizza Hut, but didn't know he was going to commit an armed robbery. After the robbery, the man drove the 19-year-old to his home, where police later found a handgun outside. The same gun was reported stolen a week earlier.

Witnesses and the cashier at the restaurant identified the 19-year-old as the person who walked in with a gun. Both men have been charged with armed robbery.

In Florida, it is fairly easy for police to charge two people with an armed robbery. This is how many people end up getting charged with murder in Florida. If one person commits a crime, but the other person aids in any way, they can face the same charge.

Likewise, if two people conspire to commit a robbery and one of the suspects gets shot and killed, a co-conspirator can face a murder charge because they were aiding in the crime at the time the person was killed.

In this case, the co-defendant appears to be claiming that he knew nothing about the heist, though he also didn't report it to police. One might also consider that the other person in the vehicle was armed and to say he was going to report the other to police could cost him his life. Yet, police have doubted his word and arrested both on charges of armed robbery.

They now both face serious felony charges and lengthy prison sentences if convicted.

Continue reading "Boca Raton Pizza Hut Armed Robbery Leads to Two Arrests" »

Plea deals in Fort Lauderdale criminal cases can be extremely advantageous to defendants for many reasons. For one, they typically allow for reduced prison sentences or no prison time at all.

They also allow for a quicker resolution of the case and less risk than going to trial and hoping a jury doesn't convict. There are also other benefits, such as possibly reducing a felony to a misdemeanor, a withhold -- meaning the case doesn't show up as a conviction on a person's record -- and getting other charges dropped after agreeing to plead to one specific charge.

But there are also risks involved. If there is some evidence, but not overwhelming evidence, a Fort Lauderdale criminal defense lawyer may suggest that the defendant go to trial rather than take a plea agreement if the case appears like it could lead to victory.

While criminal defense attorneys are trained and skilled in handling cases, there is no way to predict with 100 percent certainty how a case will turn out. Judges and prosecutors can make mistakes that harm a defendant. Even criminal defense lawyers can.

This is why it is important for defendants to understand that while the lawyer can give advice and should be counted on for that, it is ultimately their decision what to do. If they want to plead guilty or no contest, go to trial, testify or not testify, it is their decision.

And soon, the United States Supreme Court will hear arguments on two different cases that involve bad plea deal advice. The cases are Cooper v. Lafler and Missouri v. Frye.

In the Cooper case, according to The New York Times, the man's attorney told him that because the four bullets that he fired into a woman in Detroit in 2003 were below her waist, he couldn't be convicted of assault with intent to murder. Based on advice from his lawyer, he rejected a plea bargain that called for a prison sentence of 4 to 7 years. Instead, he was convicted and sentenced to 15 to 30 years.

In the Frye case, the man claims his lawyer never told him that prosecutors were willing to offer a 90-day prison sentence if he plead guilty to a misdemeanor driving without a license charge. When the offer expired, he plead guilty and was sentenced to three years.

Justices will hear arguments in the cases, which ask how bad legal work should apply to plea bargains. More than 95 percent of cases, by most estimates, are resolved by plea agreement. The Times reports that in the federal court system, the number is 97 percent, while state numbers rest around 94 percent.

Depending on how the court rules, it's possible defendants who got bad advice could get new trials. It's also possible that this could result in a benefit to defendants in the long run. Trial judges may get more discretion to review cases, hold hearings or ask more questions of defendants who are entering pleas in lieu of trial.

Some believe that a solution may be allowing defendants to withdraw plea agreements, which is rarely done right now. Prosecutors argue that defendants are only afforded a fair trial, not a plea agreement or a light sentence.

It will be interesting to see how the court rules on this one, but is sure to affect all Fort Lauderdale criminal defendants once it's all said and done.

Continue reading "Bad Criminal Advice in Fort Lauderdale To Be Considered By Supreme Court" »