Florida Criminal Lawyer Blog

A 72-year-old Miami man who prosecutors say fatally struck and killed a popular businessman on the Dolphin Expressway will serve 10 years in prison, followed by another decade of probation - by which time he will be 92 years old.

Our Miami defense attorneys understand that in cases like this, there are no winners. Even when a defendant gets a reduced sentence, as this one did, there is little joy in it.

These scenarios often unfold so quickly. They're not intentional. And while many people want to believe they would do the right thing, it's hard to know what you would do unless you're actually placed in that situation.

What we work to do is ensure that your rights are protected. We want to thoroughly vet all of the prosecution's evidence - from the blood alcohol testing to the accident reconstruction to the eyewitness testimony. There may have been a multitude of factors contributing to a fatal crash, and you may not be responsible for all or any of them.

In this case, the defendant agreed to plead guilty prior to trial to two felony charges - DUI manslaughter and failure to render aid - in exchange for a reduced sentence. According to FL Statute 316.193, he committed a second-degree felony and a first-degree felony, which carry prison terms of 15 to 30 years. In this case, that would have been a life sentence, and the court likely realized it.

According to police records, the victim, co-owner of a family-run hurricane shutter business, had pulled over on the side of the highway near an exit to change a flat tire. Prosecutors allege it was at this time that the elderly defendant veered off the road as he drove his Ford F-250 truck. He reportedly struck the victim and then did not stop.

The highway patrol located the defendant at his nearby home a short time later.

The primary reason behind so many hit-and-runs is fear. Or maybe a better word is panic. In that split moment, you aren't thinking clearly. Often, people don't realize just how serious the accident is. They just know that if they are questioned by authorities, they will likely be facing an arrest for DUI or driving under a suspended license.

You should know that in Florida, penalties for hit-and-run are far more serious than either a DUI or a suspended license charge - particularly if the person you hit was severely injured or killed. Even if you are intoxicated and the other party has been severely hurt or killed, you will face lesser penalties if you stay.

Keep in mind too it's a very rare occasion that someone is able to successfully evade authorities for very long.

You don't have to give a statement to police and, in fact, if you are intoxicated, you shouldn't - at least not before talking first with your attorney.

If you have questions about your pending criminal case, call us immediately.

Continue reading "Elderly Miami Hit-and-Run Defendant Gets 10 Years" »

A South Florida man was recently ordered held on $102,000 bail for a domestic violence charge involving a pregnant woman.

However, the alleged victim, who appeared in court with swollen black eyes, told the judge that her fiance was a loving man who simply had not taken his medication to keep his mental illness at bay.

Our Miami domestic violence defense lawyers know that this case illustrates how complex these situations can be - and how important it is for you to take it seriously, even when the alleged victim recants or refuses to cooperate with prosecutors.

With the help of an experienced attorney, many of these cases are dismissed, and it has to do with the way Florida law is written. The state allows police officers to make an arrest in a domestic violence case, regardless of the validity of the evidence presented at the scene. Further, prosecutors can proceed in pressing on with a domestic violence case, even if the alleged victim says he or she doesn't want to or refuses to cooperate.

This makes for a system that is incredibly one-sided. What it does not change, however, is the burden of proof. Standard in any criminal case is the demand prosecutors show, beyond a reasonable doubt, that the defendant committed the crime of which he is accused. That can be very difficult to do when the only person who witnessed it does not cooperate.

In this case, it's clear the judge wasn't simply going to take the victim's word for it, or excuse the defendant's alleged behavior simply because she was asking him to do so.

According to investigators, from Pompano Beach, the two were arguing because the defendant was reportedly upset about the victim contacting police regarding an earlier domestic violence incident. At the time, they were on the bus, in public. The defendant then allegedly began to strike the victim in the face until she fell unconscious. The woman told the judge her fiance was on Ecstasy at the time of the attack.

That last fact probably won't help him.

But if there is documented and proven medical evidence of a mental illness, that may work in the defendant's favor.

At a minimum, a conviction for domestic violence will result in a 5-day jail term, according to Florida Statute 741.283. However, depending on the severity of the assault, you may be charged with a felony and be facing up to several years in state prison.

It's worth noting that assaults against pregnant women in which the offender knew or should have known the alleged victim was pregnant are punished more severely. But again, that assumes that the prosecution has enough evidence to prove its case.

An experienced criminal defense lawyer can challenge not only the strength of the evidence, but the admission of it into court record, based on the way it was collected and other factors.

We also work to challenge the statements of accusers and in some cases, aggressively negotiate plea bargains involving lesser charges and no jail time.

Domestic violence law is complex, and the penalties for conviction severe. Before simply pleading guilty, take the time to consult with experienced legal counsel to explore your options.

Continue reading "South Florida Domestic Violence Cases Can be Complex" »

The U.S. Supreme Court will take on the issue of whether the affirmative response of a drug-sniffing dog is a legal basis for a search of one's home.

Our Miami criminal defense lawyers know that the central issue here will be the Fourth Amendment to the U.S. Constitution, which protects us from unreasonable searches and seizures. This history of the statute dates back to the 1600s, and is deeply ingrained in the belief that a person's home is his castle, subject to greater expectations of privacy and therefore protection than, say, your vehicle.

Some 24 states, including Florida, have sided with Florida law enforcement officials, saying that drug-sniffing canines are an essential weapon in the battle against illicit drug sales.

This case stems from a Miami arrest that occurred back in 2006 by the Miami-Dade Police Department, with the help of a canine named Franky. Police officers had received a tip that individuals at a certain address were growing marijuana. An officer approached the home with the dog, who immediately sat down. This was the signal that he had smelled marijuana in the vicinity. Armed with that information, police went to a judge to obtain a search warrant. They subsequently discovered marijuana and arrested the homeowner.

But the defendant appealed, saying that the search was spurred by an unreasonable intrusion upon his privacy. The Florida Supreme Court sided with the defendant, reversing the conviction. Justices reasoned that there is an inherent sanctity of the home, and that such a sniff-test resulted in a substantial government intrusion. They further stated that a search has to be preceded by some evidentiary showing of wrongdoing - which was not the case here.

The outcome of the case at the U.S. Supreme Court level will have widespread impacts as to the continued use of canines in drug operations.

It's difficult to determine which way the court will decide, based on its previous decisions. In the past, the court had ruled that a well-trained dog used in the course of a legitimate traffic stop does not constitute as a violation of the Fourth Amendment.

On the other hand, the court ruled in 2005 that police were not allowed to conduct thermal imaging outside of a home in order to detect illegal activity, such as heat generated from indoor marijuana growth operations. The key difference between this and the traffic stop being that those inside the home have a greater privacy expectation.

But that latter case involved machines and advanced technology. Could the court decide that dogs are different?

It's entirely possible.

It could be that the court will liken the senses of the dog to those of a human, and that a dog's positive indication of the presence of drugs simply reaffirms the officer's suspicion.

However, a strong case could be made for the fact that dogs possess a far superior sense of smell than humans, and therefore could be likened to advanced technology.

The big fear is that if the court rules in favor of the police agency in this case, there would be little to stop officers from going up and down streets and approaching houses with a K-9 unit, waiting for a positive response. Police agencies have said they don't have the desire or resources to do so. But if there's nothing stopping them, there's nothing to say it won't occur.

Continue reading "Arrests and Search Dogs in Miami - Supreme Court Takes a Look" »

A Broward County man has been granted a hearing to determine whether his actions relating to the fatal shooting of a federal agent during a road rage incident were justified under the "Stand Your Ground" law.

Our Miami criminal defense lawyers will be closely watching the outcome of the case, as the decision could have implications for future homicide and manslaughter cases.

The Stand Your Ground Law, passed in 2005, gained a great deal of notoriety following the shooting of Florida teenager Trayvon Martin by an armed resident who believed Martin to be suspicious. It essentially strengthens existing self-defense laws by saying that when an individual is faced with the reasonable belief of great bodily harm or death, he or she may use deadly force and has no duty to retreat. Additionally, it makes those who used deadly force on another for purposes of self-defense immune from arrest, detention and prosecution.

That's why this hearing, which could take up to 10 days, could result in a total dismissal of the case if the court finds in favor of the defendant.

Although the law has been controversial, it's unlikely to be changed. A panel in Florida was recently tasked with examining the state's law, and so far, has concluded that no major changes to the law are necessary, though it did say more legal analysis should be conducted.

In this case, the shooter was a 65-year-old retiree on dialysis. The man who was fatally shot was a 52-year-old federal Border Patrol agent. It happened in the summer of 2008.

The federal agent was driving with his then 12-year-old daughter in the car, while the retiree was alone.

The two apparently were in a shouting and finger-pointing match while driving on Pines Boulevard. The defendant, who had been on his way to mail a letter, then drove away and pulled into the Post Office parking lot.

The border patrol agent reportedly pulled in behind him, got out of the vehicle and approached the defendant's car. Defense attorneys have argued that at that point, the defendant experienced a justifiable fear of his physical safety. The alleged victim was younger, taller, was in good physical shape and outweighed the defendant by about 80 pounds. He was also angry and verbally expressing that anger in approaching the car.

The agent was not armed at the time of the shooting, though he did have a firearm in his vehicle.

The defendant, who had a permit to carry a concealed weapon, then shot the agent in the head. He then drove away and went to his kidney dialysis appointment less than an hour later.

He was arrested the next day after an extensive manhunt. By then, the defendant was driving a rented car and had dyed his hair darker. He also reportedly commented to nurses at the dialysis center about the high-profile shooting, saying that whoever was responsible was "a professional."

Initially, the defendant was charged with first-degree murder. However, a grand jury reduced that charge to manslaughter with a deadly weapon. That charge carries a maximum penalty of 15 years in prison. Given the defendant's age, however, that's basically a life sentence.

So far in Broward, just one defendant has been successful in arguing a Stand Your Ground defense, a man accused of killing his ex-wife's new boyfriend.

Manslaughter charges are serious, and they require the counsel of an experienced criminal defense lawyer.

Continue reading "Will "Stand Your Ground" Apply in Broward Road Rage Case? " »

The probable cause affidavit reads something like a movie script: The daughter of a wealthy family's former housekeeper threatens to go public with potentially humiliating information, unless paid a sum of $3 million for her silence.

But Miami criminal defense lawyers understand this actually happened recently in Broward County, according to law enforcement officials.

Now, the woman in question is facing a charge of felony extortion, and is being held in jail in lieu of $200,000 bail.

In Florida, extortion is defined in Statute 836.05. it is spelled out as anyone who threatens to accuse someone of a criminal offense or otherwise damage his or reputation or expose some secret or disgrace unless they are provided money or "any other pecuniary advantage." This latter part could be anything from sexual favors to a job promotion. Contrary to popular belief, these cases don't always involve wealthy individuals and they happen more often than you might think.

Under state law, extortion is a second-degree felony, which means it is punishable by a sentence of up to 15 years in prison. It's important for anyone accused of criminal extortion to hire an experienced criminal defense lawyer as soon as possible, before talking to police.

Of those who are arrested for extortion, one of the mistakes they often make is assuming that whatever information or secret or item they have is more valuable to the person than it actually is. For example, the executive of a company may not want evidence of an extramarital affair to become public knowledge, but it may not be worth it to him or her to pay a great deal of money to suppress it either. He or she may figure that if it's going to become public anyway, it may as well be under his or her own terms.

But whether prosecutors have a solid case in proving an allegation of extortion really depends on what kind of negotiating has taken place prior to the arrest, and what proof their is of that. Criminal defense lawyer may be able to challenge the evidence obtained by law enforcement in these cases on the basis of entrapment or similar improper evidence collection methods.

That may be the tack lawyers plan to take in this case.

According to The Miami Herald, a housekeeper who worked for the elderly founder of a nationwide jewelry and accessory shop chain was recently terminated. The housekeeper's daughter then allegedly contacted the daughter of store founder, claiming to have letters that contained potentially embarrassing personal information. She allegedly threatened to sell the letters if she was not paid $3 million.

The founder's daughter then went to police, who from there set up an undercover sting, with an officer posing as a family representative wanting to resolve the matter.

The defendant allegedly signed a contract saying that in exchange for the money, she would return the letters and agree not to speak to media. (One should never sign a contract agreeing to any form of criminal activity, no matter how much money you are supposedly being offered.)

She was subsequently arrested and is now awaiting her arraignment.

Continue reading "South Florida Woman Accused of Felony Extortion" »

A jury has acquitted a South Florida man of arson and attempted murder, after prosecutor failed to prove that it was he who set the fire and/or intended to kill his then-girlfriend.

Miami criminal defense lawyers know that outright acquittals require an attorney who is both skilled and prepared.

In this case, it was alleged that the girlfriend had made up what happened to her, and there was the possibility that she could have set the blaze herself - or that it may have been ignited accidentally.

What cases like this often come down to is not whether the jury believes it's possible the defendant could have committed the crime. Instead, it comes down to whether it's possible they did not. The burden of proof lies solely with the prosecutor, but it's up to the criminal defense attorney to weaken their version of events and present alternate and equally plausible scenarios.

This case started back in August of 2011 in Palm Beach County. Authorities were called to the scene of a fire in Lake Worth. By then, the girlfriend said she had broken a bathroom window in the smoke-filled apartment and crawled out. She spent a week in the hospital, recovering from smoke inhalation and apparent injuries suffered when she says her boyfriend beat her.

The girlfriend said her 34-year-old boyfriend was enraged that he had been kicked out of the residence earlier that day. She said he reportedly returned, assaulted her, told her she would die, then set a fire and locked her inside.

He was immediately arrested on charges of arson and attempted murder and held on $125,000 bail.

However, defense attorneys always contended that it didn't happen the way the girlfriend had described. In fact, they maintained that the defendant had even tried to put out the fire with a garden hose.

Fire investigators would later say there appeared to be three separate points of origin of the fire - the box spring, the curtain and the mattress. This is generally an indication of an intentional fire. However, there was no lighter found in the apartment - but there was a candle. What this means is that there is the possibility that the girlfriend may have started the fire or that it was started accidentally.

Again, it's not whether this scenario is probable, but whether it's possible.

And what was even more damaging was testimony from a former deputy fire marshal for a northern city, who now owns a consulting firm. He stated that evidence from the woman's home was clearly mishandled, and arson could not definitively be proven.

With no arson, there was no attempted murder.

If this defendant had been convicted on all charges, he faced up to 66 years in prison.

Arson that results in injury to another is defined in Florida Statute 806.031. This statute does not even require that a person intentionally meant for anyone to be hurt. It is simply the act of setting a fire that results in great bodily harm, permanent disability or permanent disfigurement to any person. It's a second-degree felony, punishable by 15 years in prison.

Continue reading "South Florida Man Acquitted of Arson, Attempted Murder" »

A botched Broward County robbery attempt may end in murder charges, after one of the alleged victims fell, struck her head on a van bumper and subsequently died.

Miami criminal defense attorneys understand police have offered a reward for the man who instigated the robbery at a truck stop in Weston, where a cafe was hosting a local Caribbean Night event.

The law might rarely consider pepper spray to be a weapon of deadly force, though in this case, that could prove to be the case.

Here's what happened, according to sheriff's officials:

There were dozens of party-goers who attended the truck stop event, and everyone appeared to be having a good time. But shortly after midnight, two individuals walked into the crowd and began spraying pepper spray.

One of the men then walked up to a patron and ripped the gold chain off his neck.

That might have been the end of it, except for one thing: A 28-year-old woman who was in the crowd was overcome by the effects of the pepper spray and fell. On the way down, she struck her head on the bumper of a van in the parking lot. Authorities said she was was in a coma by the time she arrived at the hospital. She was declared brain dead a short time later, and subsequently passed away.

The loss of any life is indeed a tragedy, and there is virtually no doubt that those involved in the alleged robbery did not intend for events to unfold this way.

But under Florida law, a person in this situation may be charged with second-degree murder, despite the fact that he or she never targeted the individual in question, never put a gun to her head and never intended for her to die.

Florida Statute 782.04 defines the possibilities for second degree murder as being:

The unlawful killing of another person when perpetrated by any act that is imminently dangerous to another and evincing a depraved mind regardless of human life - even though it is carried out without any premeditated design to effect the death of any particular individual.

When this happens in the commission of another serious felony (such as, in this case, robbery) it can be prosecuted as a first-degree felony, the penalty for which is life in prison.

A defendant in this situation may consider giving him or herself up to authorities, but it is critical, given the serious nature of the allegations, not to do so without first consulting with an experienced criminal defense lawyer.

Authorities will be eager to elicit a statement from the defendant, but anything that individual says prior to speaking with a lawyer is potential evidence that may be used in court.

What someone in this situation should understand is that while the charges are indeed serious, there are tactics that can be employed by skilled defense attorneys that may be able to poke holes in the theory of prosecutors. For example:

1. The surveillance video is grainy and most of the witnesses may have been drinking - are we sure we have the right suspect? What other proof is there?

2. Did the alleged victim suffer from any other medical condition or previous injury that may explain her injuries and subsequent passing?

3. Is it possible that the facts of the case may lend to a plea on a lesser charge, say manslaughter instead of second-degree murder?

These are just some hypothetical examples of potential questions that could be posed.

The bottom line is that anyone facing charges as serious as this should waste no time in securing the services of a defense firm with proven success.

Continue reading "Botched Robbery May Result in Homicide Charges in Broward" »

A recent federal report indicated that South Florida ranks among the top areas in the nation for Medicare fraud, and a Miami couple was recently convicted of a $45 million scheme - the latest in a string of such prosecutions in Broward County.

Miami criminal defense lawyers know that laws pertaining to government-subsidized medical care can be complex. It's important that anyone accused of Medicare fraud retain the counsel of an experienced lawyer before answering any questions from law enforcement. If not, you risk potentially handing the case to prosecutors and sealing your guilt - even if you didn't realize what you were doing was wrong.

There are several types of Medicare fraud, but they can essentially be broken down into two categories: recipient fraud and provider fraud.

The first type involves the person who is receiving the benefits. Actions that may be punishable by law include:

• Giving false information on your application to receive Medicare benefits;


• Altering or forging a money order or prescription;


• Using more than one Medicaid card;


• Loaning your Medicaid benefits to someone else;


• Re-selling Medicaid items to someone;


• Intentionally receiving excessive or duplicative health care supplies or services.

• Billing for services that were not actually provided;


• Requiring a patient to return to the office for more visits when they are not medically required;


• Requiring unnecessary treatments or services;


• Billing for more time than was actually required for the medical issue at hand;


• Accepting payment from multiple providers (i.e., Medicaid and a private insurer) for the same service or treatment;


• Billing for an office visit when there wasn't one, or adding more recipients to the bill;


• Upcoding, which is essentially billing for a more extensive service when a basic one was provided;

In the most recent case, the couple reportedly founded a home health care company after the husband was released from prison. He was serving time on drug trafficking charges. The wife was reportedly listed as the owner, in an effort to throw investigators from the fact that the husband was actually the one running the company.

The company claimed to provide nursing services for diabetic patients who could not leave their homes. Instead, prosecutors claim, they recruited patients and then altered medical records, filed false claims and forged physician signatures. The scheme reportedly ran from 2006 to 2009.

They were arrested last summer, and a judge recently sentenced the husband to 10 years in prison and the wife to 9 years behind bars. In addition to the husband-wife team, 25 others were convicted of fraud in connection with the same operation. More indictments are expected.

You may recall that last year, the U.S. Justice Department launched an investigation into the practices of the country's biggest mental health care chain, based in Miami. That investigation resulted in the convictions of 30 defendants - from the top executives on down. That operation was said to have bilked taxpayers out of some $205 million.

Another Miami-based operation was also recently under investigation for a $57 million scheme that purported to help the disabled and elderly. That resulted in guilty pleas from 20 defendants and seven others who were found guilty at trial.

If you are accused of Medicare fraud in Miami, contact an attorney who will aggressively defend your rights.

Continue reading "Miami Medicare Fraud Prosecutions on the Rise" »

A defendant recently pleaded guilty to a Miami hit-and-run crash that resulted in the death of a bicyclist.

Miami criminal defense lawyers know that there would be nothing necessarily unusual about this, except for the fact that the defendant did so without the benefit of a deal negotiated by his attorney - better known as a plea bargain.

The fact is, the vast majority of criminal cases are resolved by a plea, rather than a trial. From the court's perspective, trials are time-consuming and expensive. And in a lot of cases, a defendant can get a better deal than they might otherwise if the case had gone to trial. However, the key is having a defense attorney who is willing to negotiate aggressively on your behalf. When you enter a plea without that benefit, you may be setting yourself up for a raw deal.

It is neither the judge's nor the prosecutor's job to advocate on your behalf. Particularly in cases that involve serious felonies, such as hit-and-run crashes, as defined in Florida Statute 316.027. You can't risk leaving your fate solely up to the discretion of the court.

In this case, the 25-year-old driver reportedly hit two bicyclists on the Rickenbacker Causeway earlier this year. One of the bicyclists was injured, and the other died. The defendant had been driving on a suspended license and fled the scene.

He turned himself in to authorities less than 24 hours later.

At his most recent court appearance, he pleaded guilty to leaving the scene of an accident involving death, leaving the scene of an accident with great bodily harm, driving under a suspended license and cocaine possession.

His minimum sentence would be just under two years in prison, while he faces a maximum of 35 years behind bars.

At the time of his arrest, he was reportedly receiving treatment for drug addiction. Although there were some reports that he had been consuming alcohol the night before the early morning crash, that could not be proven by police, perhaps due to the delay in his arrest.

While our attorneys are well aware of the risks that this defendant may have faced at trial, entering a plea bargain without a deal is equally risky.

Some of the benefits to a plea deal include:

Resolving the matter relatively quickly. This can be done for both your benefit and that of the alleged victim. Going to trial can take many months, and possibly years if you are facing a serious felony charge. A plea bargain effectively ends that wait.

Avoiding the publicity. This is particularly true in a high profile case. The process of preparing for and going to trial can drag on, opening yourself up to the possibility of regular media reports.

The possibility of a lighter sentence. This is the key reason. It may not be fair, but the fact is those who avail themselves of their constitutional right to a trial by jury may face harsher penalties if convicted. Those viewed as cooperating and saving the victim(s) the ordeal of a trial may get a lighter sentence -- prosecutors are always looking to lighten their workload.

An experienced attorney is in the best position to help you explore your options after a thorough review of your case. The facts in evidence will often dictate. What may have occurred in this case is that the defense attorney felt the evidence was available to convict the client at trial, but did not feel prosecutors were offering a fair plea agreement.

In such cases, an experience defense attorney may determine a defendant's best shot lies with the judge's discretion. Then and only then should a defendant put himself at the court's mercy.

Continue reading "Miami Criminal Defense & Pleading Guilty Without a Deal" »

Forensic scientists successfully identified an alleged burglary after testing blood samples left at one of the crime scenes.

Miami criminal defense lawyers understand the identification didn't happen until two years later, and only after the defendant was arrested and booked for another string of burglaries.

We often don't think of forensics being used unless it's in serious felony or high-profile cases.

First, both burglary, under FL Statute 810.02 and theft, under FL Statute 812.014 can be charged as felonies, depending on the location and amount stolen. For example, if the burglary is to a vehicle, it's a misdemeanor. However, if it is perpetrated at a house where people live, it's a felony. With theft, the degree of seriousness is often tied to the value. Certain items, like a gun or medical equipment, will also make it an automatic felony, regardless of the value.

Secondly, law enforcement officers will use forensics whenever it's feasible. You can assume that simply because a crime is not violent that they will not bother.

In this case, officers used the CODIS system, or the Combined DNA Index System, which is employed at all Florida jails and prisons. Essentially, when a person is arrested for a felony, he or she must provide a DNA sample. This sample is then run through a DNA database for unsolved crimes.

A confirmed sample doesn't necessarily mean a slam-dunk case for the prosecution, but it can present challenges to your defense. Your attorney will have to explain whether there was either some other plausible reason why you might have been at the scene or it may be argued that the testing itself was somehow flawed or compromised. If neither of those strategies is likely to be effective, your attorney may alternatively work to negotiate an aggressive plea deal.

We don't know yet what course of action this defendant will take.

According to The Sun-Sentinel, the initial burglary/theft occurred in January of 2010 in Palm Beach County. A family reported to police that their home had been ransacked. Among the missing items were a 32-inch television, a laptop computer, jewelry, watches, rare coins, knives, alcohol and cash. The total value of the stolen property was estimated to be nearly $15,000.

Several weeks after the crime was reported, the homeowners called police again to say they had found a pillowcase, streaked with blood, stuffed between the footboard and mattress of the bed.

A forensic detective swabbed the sample, and entered it into CODIS.

Then, the defendant was arrested in April of last year for a number of residential burglaries. He submitted to a DNA sample. He was later released. It wasn't until March of this year that the Forensic Biology Unit at the local sheriff's office ran a series of DNA samples and discovered a match in this burglary case.

Once he was relocated, he was again arrested, and is now facing charges of felony burglary and theft.

Continue reading "Challenging Forensic Evidence in Miami Criminal Cases" »

A rap artist was arrested outside a Miami Beach nightclub on charges of disorderly conduct.

Despite his stage moniker, rapper "Juvenile" is actually 37 years-old, and Miami criminal defense lawyers know that such a charge could land him in jail for up to two months.

According to local media reports, the incident happened outside of LIV, an exclusive nightclub, where he was set to perform alongside other artists signed to the Cash Money record label.

Police indicated they were called to the scene around 4 a.m., where a crowd of about 100 people were crushing near the valet ramp outside. Officers noted a number of people were pushing and yelling.

At that point, an officer reported seeing the rapper walking to his vehicle. Someone in the crowd reported that Juvenile had been involved in a fight, and officers moved to arrest him, as well as four others.

This case probably would not have garnered any headlines, were it not for the involvement of a famous rapper. However, situations like this are common. Many times, defendants simply plead guilty or no contest, believing that a lot of people saw what happened, so there is no way they could fight the charges.

But this is actually misguided - even if you don't have pockets as deep as a rock star's.

In actuality, when a lot of people are witness to the same event, there is a lot of room for conflicting accounts. This weakens the prosecution's case. Compounding this is the presence of alcohol - which there almost always is in cases outside of bars or nightclubs. It's also dark and crowded - and how much is any one person really able to see if they are being crowded by 100 other people? Would they be willing to testify to those facts under oath in a court of law?

Often, the answer is no.

Plus, it sounds like in this situation that the police didn't directly witness the alleged events. All we know is that "someone" reported that the rap star had been involved.

Specifically, he was charged with disorderly conduct, which under FL Statute 877.03 is also sometimes referred to as breach of peace. It's defined fairly broadly as committing acts that are:

• Of a nature to corrupt the public morals;
• Outrage the sense of public decency;
• Affect the peace and quiet of anyone who witnesses them;
• Considered fighting or brawling;

This is considered a second-degree misdemeanor, which means it's punishable by up to 60 days behind bars, plus fines.

Because it is considered so broad, officers have a great deal of discretion. It's not uncommon for two people to engage in the exact same behavior and one be arrested and the other not - simply because of officer discretion.

This is another point that can be challenged by your criminal defense lawyer.

The defendant in this case does have a prior record, which may or may not have some impact to this case. Generally, those without a criminal history are going to have an easier time either having the charges reduced in a plea bargain or having them dismissed entirely.

A skilled criminal defense attorney will fight for a favorable outcome for you in either case.

Continue reading "Disorderly Conduct Charges Filed Against Rapper in Miami Beach" »

A professional football player has been cleared of allegations that he committed assault with a deadly weapon in Miami during an alleged road rage incident last month.

Miami criminal defense attorneys understand that although law enforcement felt they had enough to arrest Denver Bronco's player Elvis Dumervil on the charges, prosecutors declined to formally file charges, based on the evidence.

It's a misnomer to say the charges were "dropped," because in reality, they weren't actually filed by prosecutors. That can happen for a variety of reasons, including:

• A lack of evidence to prove your guilt in court;
• An admission from a key witness that they were not truthful;
• Evidence has been produced indicating someone else committed the crime;
• Witnesses or victims are not cooperating with prosecutors;
• Revelation of a major police error in collecting evidence.

These are just a few of the possibilities. It was likely a particular relief in this case as aggravated assault with a deadly weapon, as defined in FL Statute 784.021, is considered a third-degree felony, punishable by up to five years in prison.

In addition to the "with a deadly weapon" modifier, an assault could be considered "aggravated" if it was committed with the intent to commit another felony (such as robbery or rape).

In this case, however, it appeared the evidence was somewhat weak from the beginning. According to the Associated Press, Dumervil was stuck in a Miami traffic jam in mid-July and tempers began to flare. He reportedly got into an argument with another driver, a female. The police report indicated that Dumervil and his passenger displayed a weapon during the altercation.

Dumervil had told police that he didn't have any weapons, though they did later find one in the glove compartment of the vehicle.

However, as it later turned out, Dumervil was driving his brother's car. The gun belonged to his brother, who had a permit to carry a concealed weapon. Dumervil reportedly was not aware that the gun was even in the vehicle.

He was quoted by reporters as saying he knew he had done nothing wrong, but the incident had nonetheless weighed on him, particularly after having to call his mother from jail.

While this incident involved words and an apparent threat exchanged between motorists, it's not the only type of road rage. FL Statute 316.1923 addresses "aggressive careless driving." In order to meet the standard for this, you have to have committed two or more of the following acts, either at the same time or in short succession:

1. Speeding;
2. Improperly or unsafely changing lanes;
3. Following another vehicle too closely;
4. Failing to yield to the right-of-way;
5. Improperly passing;
6. Violating traffic control and signal devices.

Continue reading "Football Player Cleared in Alleged Miami Road Rage" »

Neither the driver nor his alleged accomplice ever intended for anyone to get hurt.

According to the Miami Herald, the two had been rummaging through unlocked vehicles in an effort to find money to purchase medicine a younger sister of one of the defendants.

But when they were caught in the act by a nearby homeowner, the driver reportedly took off at speeds of up to 110 miles-per-hour, pursued by officers, and struck and killed two bicyclists - both fathers of three.

Our Miami criminal defense lawyers understand that one of the cyclists was 60, the other was 61.

The 26-year-old driver is facing charges of first-degree murder, burglary, petit theft and causing a crash involving death or injury. His 25-year-old alleged accomplice from Miami Gardens is charged with burglary, larceny, petit theft and a probation violation.

The 25-year-old isn't charged in connection with the deaths because he had been left behind at the scene by the driver, who panicked when he realized a witness was taking pictures of the burglary with a cell phone camera.

While this case is no doubt a tragedy, what may end being an issue is whether the police were actually in pursuit of the driver. Whether a chase was involved isn't likely to have a significant impact on the criminal case because the driver had a responsibility to stop and not to run a red light, as he allegedly did.

However, if the police were chasing him, as media reports seem to indicate, it would be against the policy of the sheriff's office. That policy states that officers should not engage in a chase with anyone except suspects in a violent felony.

Burglary - particularly burglary to a conveyance or car - is a property crime, and not an especially serious one at that.

Even reckless driving in and of itself is a misdemeanor under FL Statute 316.192, unless someone is hurt, in which case it's still only considered a third-degree felony. Up until the suspect crashed into the two cyclists, police had no reason to suspect either he or his accomplice had harmed anyone.

Again, this won't directly excuse the driver from responsibility, but it will go to the credibility of officers involved in the alleged pursuit if they are put on the stand. It's likely those involved will be subject to an internal investigation at the agency, and if it's true that they were pursuing this individual, they will likely be disciplined. The question can be raised: If they can't follow their own internal policies, what credibility do they have as officers and witnesses?

It may also be beneficial, given the severity of the charges against the driver and the apparent wealth of evidence, to have his attorney negotiate a plea deal. This is usually done with the defendant agreeing to plead guilty to lesser charges, in exchange for a dismissal of the most serious charges.

He is currently facing life behind bars. A skilled defense attorney may be able to negotiate a plea that will be more favorable.

Continue reading "Fatal Wreck, String of Burglaries, Lead to Murder Charges" »

A Miami teenager is convicted in federal court for a string of robberies.

It was his first time ever being convicted, and no one was hurt in the alleged crimes.

His sentence?

One-thousand, nine-hundred and forty-one months. For those of you who aren't good at math, that's 162 years in prison with no possibility of parole.

How did this happen?

Miami criminal defense lawyers know that the reason behind it has to do with a prosecutorial tactic called "stacking." It's controversial, but it's perfectly legal. It's when each count of an indictment is considered as a separate crime. What that means is that if you are convicted of several crimes - even if it was all part of the same incident - you are subject to multiple sentences and minimum mandatory guidelines.

But wait - didn't the U.S. Supreme Court recently rule that life sentences for teenagers actually amounted to cruel and unusual punishment?

Yes, but in this case, the alleged offender had just turned 18.

His attorneys have appealed his conviction to the Eleventh Circuit Appeals Court, though they hope it will rise to the level of the U.S. Supreme Court.

It's likely as his case progresses through the court system that he will become a poster child for this aspect of our justice system that is inherently unfair.

The main issue is the level of power which we award to prosecutors. That was the same issue before the U.S. Supreme Court with regard to the juvenile life sentences. Prosecutors had the authority to choose whether a teenage defendant should face a life sentence or something lesser. The problem - and the reason the issue made it all the way to the Supreme Court - was that prosecutors frequently abused that discretion. That has meant the end of a future for thousands of individuals who committed non-violent crimes when they were 14-, 15-, 16-years-old - an age when many of us make poor choices.

It's the same issue with regard to the adult system. Certainly, there must be a balance with regard to protecting society from repeat, serial offenders who pose a real and serious risk to the public at-large, and not overcrowding our prisons with first-time, non-violent offenders (particularly those who are black and poor, as this group is wildly overrepresented in our prisons).

In this case, you had a just-turned 18-year-old who lived in a poor neighborhood of Miami. He suffered from bipolar disorder and a learning disability and had dropped out of high school and was living with his aunt. At the time, he was hoping to get back into school to learn some sort of a trade.

He was one of six men convicted in connection with seven armed robberies at a number of area chain businesses, including fast-food restaurants, convenience stores and a pharmacy. The other defendants reportedly accepted plea offers in exchange for their testimony against him. They will serve between 9 and 22 years. They claimed he had been the one holding the gun - and that he even fired it once at a dog who gave chase during one of the robberies. The dog was not hurt - and neither was any human.

As everyone had teamed up against him, he was convicted mostly on the testimony of his former co-defendants. He was not identified as the leader or mastermind of the crimes, and yet he says he was never offered the chance to take a plea bargain.

There are a lot of aspects about this case in particular that raise major concerns about sentencing guidelines and certain practices by the prosecution. But the bottom line is that Florida prosecutors have a particular reputation for being quite zealous with regard to their pursuit of stiff penalties.

This is why it's critical for you to have an experienced criminal defense lawyer on your side.

Continue reading ""Stacking" the Deck Against Defendants in Federal Cases" »

The alleged thieves of a famous, multimillion-dollar painting, "Odalisque in Red Pants," were reportedly caught red-handed in Miami Beach when they tried to sell the work to undercover agents, more than a decade after it was stolen in Venezuela.

However, as Miami criminal defense lawyers know, even cases that seem black-and-white can be marred with shades of grey. Particularly in a case like this, which reportedly spanned the course of 10 years, three continents and at least four countries, there are likely to be a number of gaps in the facts for defense attorneys to seize upon.

At this point, two people - a man from Miami and a woman from Mexico City - are facing charges of possession, transportation and attempted sale of stolen property. Because of the value of the stolen artwork, estimated to be around $3 million, these are all felonies which could result in a maximum of 10 years behind bars.

But the reality is, even if it's clear that these two were in possession of the stolen work, prosecutors will need more than that to prove that they indeed were trying to sell it and that they knew it was stolen.

There is no indication at this point that they, or anyone else as of yet, will be charged with the original theft.

The facts of this case read like something out of "The Thomas Crown Affair," a blockbuster film which was released just a few years before this alleged theft occurred. The artwork in question was painted by now-deceased French Artist Henri Matisse back in 1925.

The image of the bare-chested woman had previously been purchased back in the early 1980s by the Caracas art museum in Venezuela for $400,000. In 1997, it spent a while in Spain, where it had been loaned for an exhibition, but it soon returned back to South America.

In 2002, staff at the museum realized that the work that was hanging in its gallery was a fake. But it's not clear exactly when the painting was stolen or how long the phony piece may have been displayed or who may have perpetrated the crime.

Museum administrators, in a press conference following the heist, reportedly indicated a suspicion of an inside job, given that the theft initially took place with no one noticing.

Small differences in the forgery and the real version - including the absence of a small, green stripe and enhanced shadowing - were what eventually clued in museum staff to the switch.

The theft reportedly sparked a great deal of political turmoil in Venezuela, with protestors accusing President Hugo Chavez of neglecting the arts community there.

Soon after the piece went missing, reports began to surface that a woman who once lived in Miami may have been to blame, with some accounts indicating she had hidden it in Miami before smuggling it to Spain.

It's not clear what tipped off authorities to the two individuals who are currently accused. What is known is that one of those flew into Miami from Mexico with the painting rolled up inside a tube. The pair then reportedly met with buyers about a potential purchase of the painting for nearly $750,000. It's worth $3 million.

However, the "buyers" were actually undercover agents.

Interestingly, this is not the only Matisse work to be reported stolen. In fact, the Federal Bureau of Investigations has five Matisse works listed as stolen, including a collection of over 60 sketches.

Continue reading "Miami Theft: Stolen Paintings and a Decade-Old Case" »