Florida Criminal Lawyer Blog

How is it possible that a woman who admitted to popping a single prescription pill without permission could potentially be facing life in prison if she does it again?

Our Miami criminal defense lawyers understand that the act was one in a long line of offenses dating back five years, when she notoriously stole money from a Girl Scout in Palm Beach County - earning her the nickname, "cookie monster."

This latest entanglement is not so much about the pill as it is about the fact that she has reportedly violated her probation, once again.

We know that not every one of the clients who walks through the door is innocent. Still, our goal is to ensure that not only will you be treated fairly throughout the proceedings, but that you receive the kind of representation that may allow you another chance.

In this case, the 23-year-old defendant has been in and out of jail since she was 17 - when the now-infamous cookie cash swiping occurred. It was a $170 theft in 2008 and she had reportedly bragged that the crime in front of a Winn-Dixie store, saying it was "easy."

She was eventually arrested and prosecuted.

This might have been the end of her story, but then a year later, she and her boyfriend were arrested on charges of armed robbery and kidnapping for robbing a man of prescription drugs. For these alone, she would have faced years in prison. Armed robbery as defined in Florida Statute 812.13 is a first-degree felony, punishable by up to life in prison. So too is kidnapping, per Florida Statute 787.01.

She later pleaded guilty and was given a term of probation.

However, she twice violated the terms of that probation, which required her to remain under house arrest except when working or engaging in other activities without the permission of her probation officer. Twice, she left her home without getting prior permission. On another occasion, she failed to report to her probation officer at the appointed time.

Her probation was extended and she received more community service. She began undergoing drug testing and taking college courses. She even once receive permission to fly to California for an interview with comedian Daniel Tosh.

Things were progressing along fine, until this latest bout with consuming a prescription pill without permission.

Now, the judge, approving a plea deal negotiated by her defense attorney, says this will be her last opportunity. Based on her 2009 convictions for the kidnapping and armed robbery charges, she could be sentenced to life in prison, even for a minor infraction.

The plea deal requires the defendant to enter a residential drug treatment program for six months, followed by two years of probation that includes a nightly curfew and two years of drug testing.

No matter what kind of criminal charges you are facing or what chance you're on, hiring a good criminal defense lawyer could be the deciding factor in your future.

Continue reading "Miami Criminal Defense Lawyers Fight for Second Chances" »

There must be something about the steady thud of the bass, the stream of smoke from the fog machines and the blinding strobe lights that make ravers feel as if illicit drug deals will be impossible to spot in that crowded space.

But as a recent case out of Pompano Beach shows us, that's simply not true.

Our Miami drug defense lawyers understand that 17 people were arrested at a rave at a club there one recent early Sunday morning. Two of those individuals were minors, the rest were adults. Police booked them all on a total of 15 felony narcotics charges, as well as two misdemeanor charges.

The majority of arrests involved the sale of ecstasy capsules, specifically known as methylenedioxymethamphetamine or MDMA, which were being sold for anywhere from $10 to $40 each. In all, 47 grams of the drug were seized, as well as more than 8 grams of marijuana, one gram of cocaine in powder form, four Clonazepam pills and one Xanax pill. A total of $422 was also seized.

It's not what police might consider a major bust in terms of what was found, but the cases have the potential to have a major impact on the future of these defendants.

Florida Statute 893.135(d)(1) holds that trafficking in MDMA carries a minimum mandatory sentence of 3 years in prison if the amount of the drug trafficked is greater than 10 grams but less than 200 grams. If the individual is caught trafficking between 200 and 400 grams, the minimum mandatory sentence is seven years behind bars. Anything above 400 grams carries a minimum mandatory sentence of 15 years.

Raves can be dangerous places for those hoping to unload a lot of ecstasy. On the one hand, you have a lot of concentrated, eager clientele. On the other hand, authorities know this, and undercover busts at these events are not uncommon.

Many festivals also check for such substances at the door. If you are caught with them, they may simply let you go or they may call the police on the spot. Or in some cases, off-duty police may be the ones hired to do the pat-downs.

Authorities have made it a priority to crack down on drug use at these events following a number of high-profile deaths related to the drug. One in 2010 involved a 15-year-old girl who attended the Electric Daisy Carnival in Los Angeles. She reportedly died from an overdose of MDMA. In the midst of that same event, 120 were hospitalized and 118 arrested.

In Orlando, where that same festival is held, there were no reports of the same, partially due to the fact that the City of Orlando owned the venue where it was held. That meant security was extremely tight, plus the event was shut down by midnight each night.

Regardless of the circumstances behind your South Florida drug trafficking arrest, it's important that you contact an experienced attorney as soon as possible. There are solid defenses we may be able to formulate in these cases, which could result in having the charges significantly reduced or dropped entirely.

Continue reading "Undercover Broward Drug Arrests Stack Up at Raves" »

Back in February, a 20-year-old black man was arrested for a drug-related homicide outside of a Miami grocery store.

The suspect had a minor rap sheet. And the police had an eye-witness.

Our Miami criminal defense attorneys know this might have seemed like an open-and-shut case, raising few eyebrows and warranting little more than a blurb in the media, save for one little fact: The suspect was innocent.

Even that fact might have been overlooked, if it weren't for the fact that a robbery suspect arrested more than a month later confessed to the earlier slaying.

When police later went back to interview that singular eyewitness, the one whose account was the sole basis for putting a man in jail to await trial for murder, he was nowhere to be found.

This resulted in the police department urging the state attorney's office to drop the charges. The initial suspect was freed. The police department issued an apology.

All of this, though, is a greater illustration of how powerful witness statements can be. Yet, it is amazing to us how rarely police will fully vet those witnesses and question their motives and the strength and likelihood of their accounts.

There have been far too many cases in which a person was convicted for a serious crime, solely on the basis of witness testimony, only to have that witness later recant or be otherwise discredited by the emergence of new facts.

We are thankful it didn't get to that point here, but a man still spent nearly 40 days and nights incarcerated and fearing he would never be freed for a crime he didn't commit. Were it not for the fact that another man happened to confess to the crime, that first suspect might still be in that cell.

Police must investigate the motives of witnesses, particularly in situations where an entire case relies solely on that one witness. That kind of scrutiny should occur before an arrest.

In theory, there is nothing wrong with using eyewitness testimony. In fact, it can be very valuable - to either the prosecution or defense, depending on what the witness has to say.

However, investigators need to remember this one fact, which is proven over and over again: Eyewitness accounts are often not reliable. Humans in general have horrible memories. People might mistakenly skew certain details. They might inadvertently invent details. They might forget key events. And throughout all of it, they are insisting they are remembering correctly.

This doesn't even account for those that are purposely being untruthful.

This is why serious problems can arise when witness accounts are not corroborated.

In this case, the two suspects do actually bear some physical resemblance to one another.

However, it seems police failed to take into account that the single eyewitness had a beef with the initial suspect. Just weeks earlier, the suspect had accused the witness of stealing his vehicle.

That's not to say that no witness can be trusted. But in general, it's preferable that police be skeptical than over-trusting, particularly when we're talking about someone's lifelong freedom at stake.

Continue reading "Miami Criminal Defense Lawyers: Witnesses Can't Always be Trusted" »

A 25-year-old man from North Miami Beach is facing felony charges for his involvement in a police chase that resulted in a fatal, wrong-way crash on I-95 in Opa-locka that killed four people.

Our Miami criminal defense lawyers know that this individual might count on another five to 10 years tacked onto his sentence if convicted, simply for giving a false name to troopers at the scene of the wreck. He may have even started an additional investigation into felony identity theft. It's not his biggest problem right now, but it certainly doesn't help.

In Florida under statute 837.05, it is against the law to give false information to an officer. This is sometimes referred to as "lying to police," and it can include providing officers with a false name while they are in the course of conducting a criminal investigation. Usually, this is considered a first-degree misdemeanor, punishable by up to one year in jail.

However, if the individual gives false information to a law enforcement officer concerning the alleged commission of a felony, he or she could be slapped with an additional third-degree felony, which is punishable by up to five years in prison.

The other additional five years in this case would come from the potential identity theft investigation this suspect may have opened, as he provided the name and identification card of an individual whose identity was stolen a handful of years ago. Under Florida Statute 817.568, identity theft is a third-degree felony, also punishable by up to five years in prison.

It's possible this individual may have been in shock, and not fully aware of the severity of the crash in which he had just been involved.

According to the Florida Highway Patrol, an officer initiated a traffic stop on the 25-year-old suspect for reportedly making an improper turn. There was allegedly some other suspicious activity that had occurred just prior to that, causing the officer to focus on the suspect.

However, the suspect apparently refused to stop. At one point, officers said, the suspect tossed a gun out of the window, which was later recovered.

At some point, the suspect entered the interstate traveling in the wrong direction, and ended up slamming into a minivan in what ended up being a fiery collision that claimed the lives of four occupants.

The suspect reportedly suffered broken bones in both of his legs as a result of the wreck. At that time, he told officers his name was Paola Lafrance and he gave them an identification card with that name on it. While police said they were skeptical of the name, they released it to the media and listed it on official reports.

It wasn't until after the real Paola Lafrance showed up at police headquarters to clarify that his identity had been stolen three years ago and he was in no way involved in this wreck that police rescinded that identification. They later were able to gain a positive identification of the suspect through fingerprints.

Continue reading "False Information to Police Can Result in Felony Charges" »

Back in 1987, Ronald Reagan was President, Prozac first became available on the market, a dozen eggs cost 65 cents and it marked the first time a criminal was convicted of DNA evidence.

Our Miami DUI lawyers know this was also the year that a 21-year-old man in Broward County was stopped for allegedly hitting a parked car and then reportedly failing several field sobriety tests and two breathalyzer tests. No one was hurt and it was a misdemeanor case that would have rarely raised an eyebrow - but for the fact that it's still going on today.

It had actually lain dormant in courthouse files until the defendant, who lives overseas and thought the case had been dismissed years ago, learned he had a warrant out for his arrest for DUI.

Viewing it as a minor situation and hoping to get the case swiftly resolved, he wrote directly to the prosecutor, asking for the charges to be dismissed, on account of the fact that the case was minor, the evidence was weak - and it happened 26 years ago.

Instead, prosecutors responded by saying that the letter had reinvigorated the case, and they plan to press forward now with a trial - something they haven't been concerned with in almost three decades.

This case illustrates why it is so critical if you learn about a criminal investigation that involves you or an outstanding warrant with your name on it - to contact a criminal defense attorney first. This man was trying to do the right thing in reaching out to resolve it himself. However, he ended up finding himself in a worse off situation than if he'd written nothing at all.

Here's what happened:

It was early in the morning in the fall of 1987 when police in Dania Beach were called to a report of an accident in an apartment parking lot. The defendant is accused of striking a parked vehicle before pulling into another spot.

The officer found the defendant - outside his vehicle - when he arrived. The defendant was reportedly staggering, had slurred speech, bloodshot eyes, red checks and he smelled of alcohol. He was given a series of field sobriety tests, which he reportedly failed. He was then given two breathalyzer tests. At the time, the legal blood alcohol level was 0.10, as opposed to the lower 0.08 percent it is today. He reportedly blew a 0.23 and 0.24 percent, respectively.

However, the defendant said there was an issue with the tests at the scene. The officer reportedly told him he should essentially be passed out with a BAC that high. Yet, he was sitting on the curb, speaking to him.

"I was not that drunk," he said, adding that the older breathalyzer machines were even less reliable than the ones in use today - which aren't renowned for their accuracy.

Plus, the officer never observed him driving, or even in the vehicle or with the keys in his hands.

The defendant said he left Florida later that year for Sweden, believing the case against him had been dismissed. He says neither he nor his family received any correspondence indicating that he had an outstanding arrest warrant. He even returned to the U.S. numerous times without issue, once in 1999 even renewing his Florida driver's license - in person - with no issue.

It wasn't until he was flying back to Sweden earlier this year that he says he learned about the warrant. Airport officials in New Jersey reportedly informed him he was wanted. They allowed him to leave, but said he needed to contact Broward County officials to resolve the matter as soon as possible.

His first call should have been to an experienced DUI lawyer. His biggest mistake was assuming he could rely on the good will and common sense of local prosecutors.

Continue reading "Decades-Old Miami DUI Case Revived By Defendant's Good Will" »

A man who last spring drove the getaway car during a daytime robbery of two elderly women at a crowded grocery store was facing up to 45 years in prison.

Instead, our Miami criminal defense lawyers understand he will be serving just one year, followed by four years of probation and a requirement to pay restitution.

There was no question that he was involved. The purse-snatching attack on the two women, one 96 and the other 84, had been captured on video tape. (One of the victims suffered broken ribs as a result.) A photograph that he took immediately after the crime showed the exact amount of cash the one woman reported had been robbed. He and his accomplice exchanged text messages about the crime, including specific details that only those involved would know. They also engaged in clear efforts to get rid of that evidence by deleting the texts. Also, phone signals pinged back to the suspects' phones show them at the scene at least an hour before the attack occurred.

Both men were convicted of aggravated battery on a person over the age of 65 (a charge that carries a maximum 30 years in prison) and robbery (which carries a maximum 15 years in prison).

And yet, one of those men walked away with a one-year sentence. How?

He was 19. He had no prior criminal record. Despite the violent nature of the attack, the judge decided to sentence him as a youthful offender. This is a special designation that may only be handed out under specific circumstances, which are laid forth in Florida Statute 958.04.

According to this law, the judge may choose to sentence a defendant as a youthful offender if:

• He is at least 18 years-old or is under 18 but has been tried as an adult;


• Is under the age of 21;


• Has been found guilty or has pleaded no contest to a felony charge;


• Has not previously been given youthful offender status;


• Is not charged with a capital or life felony.

When a person is charged as a youthful offender, the potential penalties are significantly slashed. The court could choose to enact probation or anything else up to six years in prison. No matter what, those sentenced as youthful offenders will be out of prison by the time they are 27 years-old. Probation lengths for youthful offenders may not be less than one year and may not exceed the maximum amount of prison time they would have otherwise received for their conviction.

A youthful offender designation is not one that judges take lightly. Your defense attorney will need to make a strong case to the judge for why you deserve such a break. It's one more reason why choosing the right lawyer is pivotal in determining the way your future will go from here.

Our Miami criminal defense lawyers want to urge you to think wisely, seek someone with proven experience and a solid reputation.

Continue reading "Miami "Youthful Offenders" Have Opportunity for Lighter Sentences" »

Anytime a person is placed under arrest in this country, police have an obligation to read the suspect something called his "Miranda rights."

Our Miami criminal defense lawyers know many are probably familiar with the phrase from popular television shows and movies, though few may truly understand what those rights mean or else they fail to carefully consider them before speaking with police.

A case unfolding right now in Miami involves a police officer killed three decades ago and a suspect who recently confessed - after invoking his right to an attorney (as afforded in his Miranda rights) but prior to having met with his attorney.

We'll get into the details more in a minute, but first, we want to offer some background on what these rights are and why your being informed of them is so important.

They are called Miranda rights or Miranda warnings, after the landmark U.S. Supreme Court ruling in 1966 in the case of Miranda v. Arizona. Essentially, the court found that criminal suspects detained by police for questioning had to be informed of their right to an attorney and their right against self-incrimination.

Specifically, you must be told that:

• You have the right to remain silent;


• If you choose to say anything beyond that point, those statements can be used against you in court;


• You have the right to met with a lawyer and to have that lawyer there with you during questioning;


• If you can't afford a lawyer, one will be appointed to you (in felony cases);


• That if you do decide to speak with an officer, you can choose to stop the interview at any time.

It's not true that if police fail to read your Miranda rights to you after arrest then your case will get thrown out. However, it is true that if these rights aren't read to you, anything you have said to the officer can't be used by the prosecutor later in court. However, if you aren't actually under arrest, police aren't under any obligation to read those rights to you - but your words can still be used against you.

If police continue to question you while you are under arrest even after you have asked to have an attorney present, whatever you say beyond that point can't be used against you.

So it was in this case pending before Miami-Dade Circuit Court, where a defendant is facing charges in connection with a 1988 murder of a police officer during a traffic stop. This same defendant and his brother had been convicted of the killing back in 1991 and sentenced to the death penalty. However, the Florida Supreme Court overturned that conviction six years later, saying the brothers should have been tried separately, rather than together.

However, they were never released because both have been sentenced to life behind bars for attempted murder in California, for a confrontation they had with highway patrol troopers several weeks after the Miami incident.

But as prosecutors prepared to retry the one brother, they - and the rest of the court - were stunned when the defense presented a seven-minute tape that was made prior to the suspect giving a detailed confession. In that tape, the defendant is heard repeatedly invoking his constitutional right to remain silent and have his lawyer present.

This bombshell tape had not surfaced in the previous trial and no officers ever made mention of it. Given that the confession was so critical to the prosecution's case, this tape could have prompted them to drop the case entirely. In fact, both sides asked that the judge declare a mistrial.

However, the Miami detective who questioned him insists that the defendant waived his right to remain silent prior to his confession. The judge eventually decided that the trial would go on, finding that the defendant, after saying he wanted a lawyer, invited detectives to come back three days later. At that point, he reportedly gave his confession.

All of this drives home another point: Once you have invoked your right to remain silent and have a lawyer present during questioning, don't back track. Don't let them talk you into saying anything more. Be firm and consistent in your resolve.

Despite what police may tell you or whatever false promises they make, a confession will almost never work in your favor. If there is a chance that it will, have your lawyer facilitate it for you.

Continue reading " Miami Murder Defense Challenge: A Confession After Invoking the Right to Remain Silent" »

Our Miami criminal defense lawyers have taken note of a number of high-profile hit-and-run cases throughout our area.

This is with good reason, as Miami-Dade County has been named No. 1 in Florida for hit-and-run crashes, according to the Florida Highway Patrol.

To name a few in recent history:

• There was the self-proclaimed "party princess," accused of fatally striking a South Beach chef on her way home from her bar shift.


• Then there was the 32-year-old Key Biscayne man who just pleaded guilty in Miami-Dade to a drunk driving hit-and-run crash that claimed the life of a bicyclist in 2010. He faces between 12 and 35 years behind bars.


• The month after that incident, a woman was accused of a hit-and-run DUI that caused the death of one cyclist and injured another, though she was sentenced to one year in jail, followed by two years on house arrest.


• Then just the other day, a 45-year-old man was left in critical condition in North Miami following an alleged DUI hit-and-run, where police allegedly found the driver several blocks away, sleeping in his vehicle.

Any time a life is lost or a person is critically injured, the state attorney's office is going to take it seriously. No matter how much of the actual incident you remember, you must do the same by immediately seeking an experienced Miami hit-and-run attorney who can work as soon as possible to begin building a strong defense.

Although Miami maintains the No. 1 spot for hit-and-runs in the state, our rolls are actually down just slightly in the last year. There were more than 15,220 hit-and-runs reported in 2011, compared to more than 12,800 reported in 2012.

Many other surrounding counties had lower statistics overall, yet they were seeing an uptick. In Palm Beach County, there were about 3,375 hit-and-runs in 2011, compared with 3,380 last year. And in Broward, officials reported 7,860 hit-and-run crashes countywide last year - an eight percent increase from a year earlier.

The FHP noted some possible reasons why drivers may be apt to flee:

• They may be intoxicated;


• They may not have a valid driver's license;


• They don't have proper insurance;


• They are in the country illegally.

These are certainly some motivations, though in other cases, people may not realize they have hit something in the first place or otherwise don't understand their obligation to stop.

Florida Statute 316.062 holds that the driver of any vehicle that is involved in a crash resulting in either injury or death or even just property damage has to stop. He is also required to give his name, address, the registration of the vehicle being driven and provide proof of driver's license or permit upon request. He must also stay on the scene until a police officer or crash investigator arrives. Additionally, that driver has an obligation to render aid to any persons injured, even if that means carrying or making arrangements for that person to be carried, to a nearby doctor's office, hospital or surgeon.

Leaving the scene of a fatal crash can have you facing up to 30 years in prison. Leaving the scene of a crash in which a person was injured will have you facing up to five years in prison. Leaving when there has been property damage will result in up to two months in jail.

Continue reading "Miami No. 1 for Florida Hit-and-Runs - Experienced Criminal Defense Critical" »

Ten former Miami-Dade police officers have found themselves embroiled in a federal extortion case, accused of providing under-the-table service details to an illegal gambling operation, among other crimes.

One of those officers was also recently convicted for drug conspiracy and civil rights violations for reportedly stealing drugs and money from street dealers and lying to federal investigators about it.

Our Miami federal criminal defense attorneys know that the prosecution of officers is relatively rare. However, when it happens, they tend to be judged harshly, both by the public and the jury. They mayor told reporters the cases were part of an ongoing "cleansing" of the entire agency.

As individuals who are familiar with the law, they know that such serious charges can't be left to chance with an inexperienced attorney. While police officers (and other civil servants) facing criminal charges are sometimes represented by union attorneys, those facing more egregious allegations often opt to hire someone in private practice.

One of those veteran officers was charged with a single count of extortion conspiracy, which carries a maximum of 20 years behind bars. He has thus far pleaded not guilty.

The 41-year-old is accused of working to arrange police protection of an illegal sports-betting ring that was operating out of a now-shuttered barber shop. Prosecutors say he and other officers worked off-the-books details at the shop in exchange for cash. This officer alone was reportedly paid a total of $5,000, which the government has initiated efforts to seize.

He was released on $100,000 bond.

So far, seven out of the 10 officers under investigation has resigned or been fired in the past several weeks. The other three - including the 41-year-old officer's girlfriend - are under intense scrutiny from the agency, but as of yet have not been arrested and continue to be on paid leave from their duties.

All of those individuals worked out of the Model City substation. It's believed by investigators that a 31-year-old female officer was the one to set up the operation, while the 41-year-old later stepped in to manage it.

The whole thing was shut down last spring, which was when federal authorities moved into investigate alongside the agency's internal affairs unit. Prosecutors say it is probable that more arrests will be made in the coming weeks.

Contrary to the Hollywood image of extortion conspiracy, the law does not require that it be carried out by force or threat or even that any money actually exchange hands. In this case, the type of extortion is known as extortion under color of official right. It is defined under 18 U.S.C. 1951, under the Hobbs Act. Basically, it is the wrongful taking of either property or money by a public officer when the items of value were not due him or his office.

Continue reading "Former Miami Police Face Federal Extortion Charges" »

A 20-year-old woman is facing felony DUI hit-and-run charges in Miami Beach, following an early morning collision just outside a popular restaurant.

Our Miami Beach DUI lawyers know that the case was propelled into national headlines in large part due to social media comments the suspect made prior to the crash.

According to news sites, the girl's now-defunct Twitter profile listed her as a "Party Princess." While that moniker does not bode well for her in the court of public opinion, it may not have much impact in an actual court of law. What will, however, prove a difficult hurdle for her defense to overcome is the fact that a witness reportedly saw the entire incident and called 911 as he followed her back to her apartment building.

Reports are that the a witness called police around 6 a.m. on a recent Tuesday morning, saying that a female who appeared to be highly intoxicated had just struck a pedestrian and fled the scene.

The witness reportedly got out to check on the pedestrian, but he rightly presumed the man to be deceased, so he decided to continue following the driver of the vehicle. He ended up following her all the way to her Collins Avenue apartment, where he reportedly watched as she handed her car keys to the valet and walked inside.

The caller then told police the make and model of the vehicle, the license plate number of the vehicle and offered a description of the driver.

Emergency crews pronounced the pedestrian - a well-liked local chef - dead at the scene.

When officers arrived at the suspect's apartment, they indicated that she smelled of alcohol, slurred her speech and was unable to maintain her balance. She refused to submit to field sobriety tests - which was likely a smart move in her situation. When you know you are intoxicated and are stopped by police, those arbitrary tests will almost always do more to hurt your case than help it.

The suspect was, however, forced to provide a blood sample. The results of those tests likely won't be back for several weeks. Still, based on the accounts of the witness and the officers, she was immediately arrested for DUI and leaving the scene of an accident. Those charges will likely be bumped up to DUI manslaughter once the results of that blood test are in.

Florida Statute 316.193 holds that anyone who commits DUI manslaughter and fails to stop or render aid as required by Florida Statute 316.062 may be charged with a first-degree felony. That makes it among the most serious of crimes you could commit in Florida, and it is punishable by up to life in prison.

This individual went from being a carefree young woman to facing down the possibility of a life behind bars.

People like her who find themselves in need of a strong defense can not gamble with their future by hiring a sub-par or inexperienced attorney. There are many ways, even in a situation such as this, that a skilled criminal defense lawyer can work to have the charges and/or penalties reduced, even possibly dropped.

Call us first.

Continue reading "Miami Fatal DUI Reportedly Involved "Party Princess" " »

The mayor of Miami is jumping aboard the gun control bandwagon.

If he's successful, our Miami criminal defense lawyers know this could mean more prosecutions of weapons-related charges.

According to The Miami Herald, the mayor demanded a series of heightened gun control measures, including:

• Universal criminal background checks on all firearm purchases;


• Federal punishment for those who traffic guns;


• Re-enactment of the federal assault weapon ban.

The same position was touted by mayors throughout the state and country recently, including New York City Mayor Michael Bloomberg, who in recent days spearheaded one of the toughest gun control measures in the country in the wake of the mass shooting at a Connecticut elementary school. The new laws in New York will expand that state's current ban on assault weapons, and will also take steps to bar those suffering mental illness from owning a gun. Plus, ammunition magazine limits have been reduced from 10 to 7, with violations resulting in misdemeanor charges. The Internet sale of assault weapons is also forbidden.

Whether similar measures will gain a strong enough foothold in Florida remains to be seen. We do know that various round-table discussions on gun violence have been held by public officials across Florida. In addition to the mayor of Miami voicing support for stricter measures, the mayor of Miami-Dade as well as the Miami-Dade County public schools superintendent have said they would support such measures as well.

Regardless of what happens at the state level, the federal government is pushing hard for its own enhanced gun control measures and enhanced weapons penalties, with a new proposal made by President Barack Obama. Although many of his recommendations don't have the support of the Republican-controlled House of Representatives, there are more than a dozen he has enacted directly through executive order.

But as it is, Florida gun laws are quite strict, and governed by Chapter 790 in Florida Statutes. This extensive chapter of law holds that it's a third-degree felony for a person to carry a concealed firearm on his or her person without a license. If you openly display a firearm in a way that is angry or threatening or not in self-defense, you could be charged with a second-degree misdemeanor.

It's also important to note that crimes committed with a firearm carry stiffer penalties than those committed absent a gun. For example, if you are committing or attempting to commit a felony crime and use, threaten to use or display a gun, an additional third-degree felony could be tacked on to your list of alleged offenses.

Firing a gun while under the influence of alcohol or drugs, even if it's into the air or at a range and no one is hurt, will result in a second-degree misdemeanor charge.

Additionally, sales of guns are strictly regulated, and individuals who have felony convictions are barred from owning one, as are those who have injunctions for domestic violence.

In this atmosphere of heightened paranoia, gun owners need to take extra precautions to ensure they are abiding by the current laws. Anyone who is arrested for a weapons-related offense should immediately seek the advice of an experienced criminal defense lawyer in Miami.

Continue reading "Proposed Miami Gun Control Measures May Mean More Arrests" »

A retired priest from South Florida has agreed to a plea deal that could mean up to 15 years in prison in exchange for a no-contest plea on six second-degree felony counts of lewd and lascivious acts upon a child.

Our Miami defense lawyers understand that although the deal allowed him to avoid a potential life sentence, with prosecutors agreeing to drop the capital crimes of sexual battery on a child, even the 15-year sentence could result in the 69-year-old spending the rest of his days behind bars.

Part of the reason prosecutors reportedly agreed to the deal was because the statute of limitations had reportedly run out on more than half a dozen of the original charges against the defendant. The actions in question reportedly occurred when the accuser, now 26, was about 10 years-old. Prosecutors say the priest, at the time active in the church, drugged and sexually assaulted the boy on numerous occasions. This went on for a period of approximately three years, according to the state, which also claims that when the boy developed a drug problem, the priest plied him with cash gifts.

The priest had served for more than 30 years at parishes in Miami-Dade and Broward counties. Roughly a dozen boys, now grown, have accused him of sexual abuse, but the rest aren't likely to result in criminal penalties because of the expiration of the statute of limitations.

Florida Statute 775.15 governs the statute of limitations on crimes. That is, this is the amount of time that may elapse between an alleged criminal act and prosecution. The general idea is that the longer time goes on, the more difficult it would be for a defendant to have a shot at a fair trial, with the aging of witnesses, destruction of evidence, etc. Any capital felonies, life felonies or those that result in a death can be prosecuted at any time - there is no limit.

First-degree felonies have a statute of limitations of four years from the date the alleged crime is committed. All other felonies must be prosecuted within three years. Charges on first-degree misdemeanors have to be filed within two years, while second-degree misdemeanors and non-criminal violations have to be filed within a year.

However, it's worth noting that there are all sorts of potential exceptions.

For example, if the felony resulted in injury and involved the use of a "destructive device," such as a gun, the statute of limitations can be stretched to 10 years. Other limitations are crime-specific, such as Medicare fraud or elder abuse, which have to be prosecuted within five years.

With specific regard to sex offenses involving children, the clock on the statute of limitations doesn't begin to run until the child turns 18, unless the alleged act was reported to law enforcement earlier. And if the child was younger than 16 at the time of the alleged crime, prosecution may commence at any time. The introduction of new DNA evidence may also result in charges being brought in an older case that may have otherwise been too long ago to prosecute.

The basic takeaway from all this is that prosecutors have ample opportunity to file criminal charges if they so choose, even if the alleged crime is decades-old.

In these instances, you absolutely can't take your chances with a public defender. Your reputation as well as your future depends on the experienced counsel of a well-qualified criminal defense attorney.

Continue reading "Sex Crimes Plea Deal Reached for Former Miami Priest" »

If you were one of the hundreds of defendants arrested over the holidays for domestic violence in Miami, you have already been booked and had your first appearance. If you're reading this, you've probably already made bond and been given a list of conditions for your release.

If you haven't already, now is the time to contact an experienced Miami domestic violence defense lawyer. Being out on bond has a tendency to give defendants a sense of complacency about the case, a feeling that it isn't as serious.

The fact is, domestic violence cases spike around the holidays, which means the courts are especially clogged with such cases come January. We can sometimes use this to our advantage, as both prosecutors and judges are eager to keep cases moving along.

The reason domestic violence cases go up around this time of year has simply to do with the fact that families are in more frequent contact. This means more opportunity for violence. Of course, husbands and wives may live together, but as you probably know, family gatherings can be stressful. Tensions flare. If alcohol is involved, tempers may get out of hand.

A few recent incidents that appeared in the headlines include:

• A Dania Beach woman who reportedly attacked her elderly grandmother, biting her arm. It was a verbal argument on Christmas Day that quickly turned physical. We don't know exactly what the argument was about, but the young woman was charged with battery on an elderly person - which is compounded by the fact that she has a pending case for carrying a concealed firearm and obstructing an officer without violence.


• A Broward County sheriff's civilian technician was suspended with pay following an arrest for aggravated assault with a deadly weapon. Investigators say she was arguing with her young adult son and pointed a gun at him. The son reported she pointed it at him and told him to get out of the house.


• A Palm Bay man was arrested the day after New Year's Day on charges of domestic violence battery following a stand-off at his home. A woman reportedly sent a relative text messages saying she was beaten by the defendant and being held inside. This prompted police to respond and kicked off an hours-long stand-off, after which both the alleged victim and suspect were removed without incident.

As you may have noted in the above scenarios, domestic violence needn't involve two people who are romantically involved. Florida Statute 741.28 defines domestic violence as any form attack (assault, battery, sexual assault or battery, stalking, kidnapping or false imprisonment) that results in some physical injury to a family member or household member. The term "family member," as it relates to those who are romantically linked, doesn't have to mean you are both married or where ever married. If you resided together in the past as a family or were dating or have a child together - for purposes of the statute, this counts.

Most domestic violence offenses are charged as misdemeanors, meaning you're facing up to a year in jail, but if the attack was deemed serious enough, the crime can be charged as a felony.

Regardless, it's not a charge with which you want to take your chances.

Continue reading "Miami Domestic Violence Defense Teams Busy After Holidays " »

Miami police late last year launched a citywide crackdown on "quality of life" crimes called "Operation Resilience." Having now come to an end 12 months later, authorities say as part of the effort, they have made more than 1,000 arrests for everything from murder and robbery to drug sales, prostitution and traffic violations.

Miami criminal defense attorneys understand that officers conducted monthly sweeps in conjunction with various units of the department, including the narcotics division, gang units, traffic officers and robbery detectives. All of these individuals would gear up and during the course of two days each month, they would "flood the city streets," as the Miami Herald put it.

Each sweep had a different focus. While the primary objective was to curb violent crimes stemming from the sale or use of drugs, officers also made it a point to focus on so-called "quality of life" offenses. These would include things like prostitution, gambling, intoxication, indecent exposure and traffic violations. Police reasoned that allowing these smaller crimes to go unchecked created the assumption that more serious crimes would be tolerated as well.

In all, the sweeps resulted in nearly 400 felony arrests, including more than 80 for drug possession, more than 90 for drug trafficking, another nearly 160 for buying drugs, 10 for possession of a gun and about 20 for battery. Additionally, there were nearly 260 "quality of life" arrests, including 110 for traffic infractions. Nearly 5,000 traffic citations were also issued during the course of the crackdown.

There again, police reasoned that if people knew they were likely to get pulled over in traffic, they would be less likely to be carrying out bigger crimes in the neighborhood.

Of course, the primary criticism with all this is that it is merely a short respite from the crime that plagues some of these neighborhoods. Even the police conceded that following each two-day sweep, there would be a week or so of relative quiet before the activity would pick up again.

Clearly, this is not a sustainable method of crime-fighting, as it's clearly not conducive to long-term productivity in these neighborhoods. All they've essentially done is create a situation where more people are now dealing with criminal records and hefty traffic fines.

Still, it doesn't appear law enforcement is prepared to give up this tactic. In fact, they are preparing to launch a new crackdown at the start of 2013. This one, titled, "Operation Throw in the Towel," will focus on those who traffic narcotics in homes and businesses.

Their approach will be slightly different from the saturation patrols employed during the previous crackdown. Instead, they intend to use liens, fines and forfeiture to put pressure on landlords and business owners to kick out their tenants. Investigators reason that by denying suspected drug traffickers a place to do business, they will simply find another occupation. We'll watch and see how that goes.

In the meantime, if you are arrested for any crime in Miami - whether it's part of the crackdown or not - you need to seek the advice of an experienced criminal defense lawyer as soon as possible. In particular, such crackdowns frequently result in marginal or unfair arrest.

Continue reading "Miami Police Arrest 1,000+ During "Resilience" Crime Crackdown" »

Addiction can be a powerful force, rendering those who fall prey to it virtually helpless to control their own actions.

Nonetheless, Miami criminal defense lawyers realize that as of right now, neither intoxication nor addiction are viable legal defenses to criminal acts.

That is the situation facing a young couple from Delray Beach, who are accused of conspiring together to rob a pizza delivery man for money to buy drugs. They were arrested a few days later in connection with a series of reported vacuum cleaner thefts.

According to the Sun-Sentinel, the woman was initially believed to be a victim of the pizza delivery robbery. She had called to order a pizza. She requested that the driver bring change for a $100 bill. However, when the driver arrived, he was reportedly attacked by an unknown male and robbed. The woman, as well, had her $100 stolen. She was the one to call police and file a report.

That might have been the end of it, except that a few days later, police tracked down a man they suspected to be involved in the vacuum cleaner thefts. They arrested him during a traffic stop. The passenger in the car turned out to be the same woman who had called police about the pizza robbery.

Detectives then had the pizza deliveryman view a lineup with the man's photo, which he positively identified as being the robber.

Now, both are facing charges of robbery with a weapon, while the woman is additionally facing charges of filing a false police report and perjury. The pair reportedly admitted their scheme to investigators, saying they were desperate for drug money.

Robbery with a weapon under Florida Statute 812.13 is a first-degree felony, which is punishable by a maximum of 30 years in prison. If there was no weapon involved, it's considered a second-degree felony, punishable at most by 15 years in prison.

These charges are incredibly serious, and in order to have a shot at being reduced or dismissed, the defendants will need to hire a skilled South Florida criminal defense lawyer.

One of the things we sometimes advise clients in similar situations to do, if they are able to post bond, is to enroll in some form of drug treatment or addiction counseling services.

The benefits to this are two-fold: The first of which, obviously, is the hope that he or she will stay clean and sober. This tends to lead to a general improvement in life circumstances, and also usually helps to keep the defendant from getting into any further legal trouble. The second benefit is that the courts tend to look favorably upon people who are taking recovery into their own hands, and it can often serve as a mitigating circumstance when it comes time to sentencing.

All of this assumes that the evidence is more than sufficient enough for a conviction in the first place. If there is a lack of evidence or some technicality upon which it is possible to press for the charges to be reduced or dismissed outright, that's option No. 1, of course. But there is much an experienced defense attorney can do even when the evidence seems insurmountable.

Continue reading "South Florida Robberies Often Fueled by Drug Addiction" »