Florida Criminal Lawyer Blog

A police officer is facing charges of domestic violence in Miami after being accused of strangling his girlfriend, NBC News reports.

The 16-year-old veteran of the Miami police department is charged with battery after an incident with his long-time girlfriend, whom authorities say was ending the relationship. The 50-year-old officer has been relieved of his duties with the department pending the outcome of the case. The case is one of several high profile arrests or investigations of South Florida police officers this month.

Miami domestic violence defense attorneys understand how devastating a domestic violence or other criminal conviction can be to members of law enforcement or the military. Domestic violence charges, in particular, can prevent a defendant from owning a firearm and can end a law enforcement career. And, while there are no doubt legitimate cases of domestic assault filed each day, the fact remains the Florida's domestic violence law is one of the most abused laws on the books.

Charges are frequently filed during a contentious breakup, divorce or child custody case. Often police make an arrest based on allegations made at the scene -- with little or no evidence. And restraining orders can forbid someone facing charges from returning home or even visiting children during the pending status of a case.

In other news, the Miami Herald is reporting that two police officers have been fired after being accused of falsely arresting and beating a gay man at Flamingo Park. Prosecutors in that case have declined to press charges.

And Reuters News Service is reporting an officer was arrested for allegedly crashing an ATV into beach-goers while drunk on duty.

Authorities say he and another officer went clubbing while on beach patrol in the early morning hours of July 3. The defendant was taking one of the women for a ride on the beach when he crashed into a couple waiting to photograph the sunrise. The woman broke her leg and the man suffered life-threatening injuries.

Investigators say the officer had a blood-alcohol level of .88 several hours after the incident. The legal limit for drunk driving in Florida is .08. While the officers were in full uniform, several woman at the bar said they thought they were entertainers; at least one of the women said the officers were drinking.

Both officers were fired after the incident. The driver of the ATV is facing two counts of reckless driving and two counts of causing serious bodily injury while driving under the influence of alcohol. In order to prove the charges, the state will need to prove both that the defendant was under the influence of alcohol or drugs at the time of the crash and that the accident was his fault. An experienced Miami defense lawyer will review all aspects of a drunk driving accident case and may call in independent accident reconstructionists or other experts as part of a comprehensive defense.

Continue reading "Domestic Violence, DUI Charges Filed Against Police Officers in Miami" »

A Miami man facing charges of sexual assault and child pornography is now being investigated in connection with the death of his mistress, UPI reported.

It happens all the time. Police begin investigating a crime, become involved in your affairs, and before you know it the investigation has taken a turn in an entirely new direction. As an experienced Miami criminal defense lawyer and tax evasion defense attorney, I know a lot of times authorities will use the tax laws to put someone behind bars or to force cooperation in a different investigation. Detectives are permitted to lie, to pit one defendant against another, to use jailhouse snitches and to use other questionable tactics to build cases.

You have the right to remain silent: Exercise it.

This can be particularly problematic in cases involving sex charges in Miami. Defendants are typically embarrassed and they want to believe an officer when he says cooperation may make life easier -- that criminal charges may never be filed.

This is rarely if ever the case. The penalties for sex crimes are particularly harsh -- and authorities often charge a defendant with multiple counts, which can result in years or decades behind bars. Sex offender registration can mean the conviction follows you throughout the remainder of your life, making obtaining residency or employment difficult long after you have paid the price for the crime.

In this case, the 66-year-old defendant was arrested in January 2009 when police say they found a video of a man sexually assaulting a woman and several children. The suspect's mistress died in 2006 of what was declared an accidental drug overdose. Now, he has sat in jail for more than a year while Broward County authorities investigate. His defense lawyer says his former mistress was an addict who died years ago as a result of her addiction.

Another case involving sex crimes in South Florida illustrates the manner in which authorities typically pile on the charges. The Miami Herald reports a county firefighter is facing 17 counts of transmitting harmful material to a minor. The 35-year-old allegedly sent text messages to a 17-year-old male who was later found dead. The circumstances of his death are unclear but police probing the death found explicit text messages and other material allegedly sent by the defendant.

Those convicted of a sex crime in Florida are typically required to register as a sex offender with the Florida Department of Law Enforcement. Those labeled sexual predators must register for life; failure to do so is a third-degree felony punishable by up to 5 years in prison.

Defendants who are labeled sex offenders must register for at least 25 years and must be crime free for at least that long before petitioning the court to be removed from the registry.

Continue reading "Sex Assault Charges in Miami Require Experienced Defense " »