Florida Criminal Lawyer Blog

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 " »

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" »

Professional athletes' off-field issues have been creeping up in recent months, with several high-profile players being arrested or involved in domestic violence arrests in Miami and nationwide.

Manny Ramirez was arrested in September in Weston after it was alleged by his wife that he slammed her against their master bedroom bed during an argument. The former World Series MVP pleaded not guilty, USA Today reports, and is awaiting trial.

In Los Angeles, former baseball player Milton Bradley was arrested and, according to court documents, threatened to kill his wife. Over the summer, Miami Dolphins wide receiver Brandon Marshall dealt with domestic violence allegations surrounding his girlfriend, though charges were later dropped when the state failed to produce any meaningful evidence.

If a person is charged with domestic violence in Miami, the first priority should be consulting with an experienced Miami domestic violence defense attorney. While there is outrage over this charge being filed against professional athletes, they are no different than anyone else.

Aside from their salaries and physical talent, this is a charge that anyone can face, whether legitimate or not. Police get called to a house where domestic violence is alleged and they are going to make an arrest.

They don't want to face the wrath of their bosses, the public or the family if there is a violent or fatal injury after the police leave. And in many cases, it's the male in a male-female situation who ends up getting carted off to jail.

Relationships can get strained and petty disagreements can escalate to large arguments. When alcohol is involved, they can skyrocket into physical altercations. The best remedy is for police to separate the two parties, allow them to cool off and warn both that any further actions could lead to an arrest.

But what officers are more likely to do is storm in, see evidence that there has been a fight, including physical marks, and make a determination on the spot that one person is the victim and the other is the culprit. Usually, whoever is smaller and whoever makes the allegations is the victim and, by default, the other is the suspect.

In Ramirez's case, the two got into an argument and his wife alleged that he grabbed her and slammed her head into their headboard. Ramirez said he grabbed her wrists and she fell backwards, hitting her head.

In Marshall's case, he was treated when he was injured with a deep cut to his abdomen. He said he slipped on glass, though police alleged that his wife stabbed him. She refused to give a statement and charges were dropped.

In Bradley's case, he was charged with suspicion of felony battery after he allegedly threatened his wife with a bat and gun during an altercation in September. A restraining order has been requested by his wife.

Continue reading "Manny Ramirez Pleads Not Guilty to Miami Domestic Violence Allegations" »

The recent arrests of high-profile professional athlete in an alleged Miami domestic violence incident shows that these charges can happen to anyone.

Perhaps as unsophisticated as DUI in Miami, domestic violence situations can start as arguments and escalate into physical altercations that lead to the police being called to your home.

But these incidents are rarely as simply as police sometimes make them. In reality, these prosecutions are difficult for the state because they often result in a he said/she said situation. An experienced Miami domestic violence defense attorney is critical to protect your rights.

In former baseball slugger Manny Ramirez's case, as The Miami Herald reports, he allegedly struck his wife during an argument in their Weston home. Ramirez denies the allegations. Regardless, he was arrested and then released on bond. The 39-year-old former World Series MVP now faces a charge of domestic violence battery. This comes on the heels of an event involving Miami Dolphins receiver Brandon Marshall, who allegedly was involved in a domestic violence incident in April. Prosecutors recently dropped charges in that case.

A deputy was called to the couple's home recently and his wife told police they got into a fight while on the bed inside their master bedroom. She told police the retired baseball player "struck her in the left side of her face with an open hand," which caused her to hit her head against the headboard of their bed.

Ramirez, though, told officers that although the two got into a fight, he grabbed his wife by the shoulders and when he shrugged them, she hit her head against the bed. Officers took photos of both and determined Ramirez was at fault. Neither Ramirez nor his wife would provide a taped statement, however.

In Marshall's case, he was cut in the stomach and his wife claimed she acted in self-defense during an altercation. Marshall, however, told police he fell onto broken glass. Charges were recently dropped after his wife refused to cooperate and he gave a sworn statement disputing that his wife caused his injuries.

Most of these cases have no witnesses other than the alleged victim and the defendant. The police are usually called in as a prime witness, yet they didn't observe anything except after-the-fact results.

And officers sometimes go into these cases assuming the female was the victim because, stereotypically, that is often the case. So, male defendants, who are sometimes bigger and stronger, are sometimes arrested even though the female was the aggressor.

And, let's face it, an arrest on a domestic violence charge can bring disgrace to a person and their family as well as cause career and financial difficulties. That's why fighting these charges is so critical.

Continue reading "Manny Ramirez Arrested in Miami on Domestic Violence Charge " »

In April, Miami Dolphins wide receiver Brandon Marshall was injured at his Southwest Ranches home and law enforcement officers assumed it was a domestic violence incident that led to the injuries.

Recently, however, prosecutors declined to press charges, citing "conflicting evidence" between Marshall and his wife. Such is the case with many domestic violence cases in Miami. Police are often met with two different versions of what happened, and yet they often side with one of the two partners with little more than a hunch as proof.

Fighting these cases with an aggressive Miami Domestic Violence Attorney is a necessity if you or a loved one is charged with domestic violence. An arrest can ruin lives and careers because of the implications of the charge and therefore, the evidence should be strongly scrutinized and defended against in court.

In Marshall's case, the wideout was injured in April, when his wife told Broward Sheriff's deputies that she acted in "self-defense" when arming herself with a kitchen knife. Marshall, however, told a completely different story, telling authorities he fell onto broken glass from a vase, though investigators didn't find blood on the broken glass.

His wife wouldn't give more details and Marshall later provided a sworn statement saying his wife had nothing to do with causing the injuries, The Miami Herald reports. Prosecutors, in turn, declined to press charges.

According to statistics from the Florida Department of Law Enforcement, there were more than 113,000 incidents of domestic violence in Florida in 2010. That's down slightly from 2009 and on par with 2008 numbers.

As the economy struggles to recover from the Great Recession and many people are jobless, the financial struggles of a couple can lead to tension and can lead to arguments. Sometimes, those arguments can lead to violence.

But sometimes, police are called to a house when one spouse is simply upset at another and makes allegations of violence. Without sufficient proof that a crime has been committed, police often make arrests, leading to a jail mug shot and arrest record, when the charges shouldn't be filed in the first place.

As unbelievable as that sounds, it does happen. People suffer consequences from poor police work and can face many penalties, if convicted. Some of those sanctions include jail time, house arrest, community services, counseling, probation, fines and fees and having to deal with a no-contact order from a spouse or partner. The inability to own firearms or to work in certain occupations is also a common cost of a domestic violence conviction.

That's why these charges must be evaluated and fought aggressively in a courthouse. If the only evidence the state brings to the table is the accusing spouse and a police report, those elements must be contradicted with evidence on behalf of the defendant. While many people believe the police don't make mistakes, an aggressive Miami Criminal Defense Attorney will show a jury or judge that the police do make mistakes and they can jump to conclusions just like anyone else in the pursuit of justice for the accused.

Continue reading "Brandon Marshall Incident Highlights Need for Miami Domestic Violence Lawyer" »

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" »