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The Miami Herald reported that a North Miami man would be spending his 60th birthday in Miami-Dade’s Turner Guilford Knight Correctional Center after being arrested on September 27. The man was being held with no bond after being charged with seven counts of sexual battery on a child between the ages of 12 and 16. 

WPLG-TV reported that the arrest affidavit stated that the alleged victim told police that the man had sex with her three times, most recently at a hotel in the summer with the other two incidents occurring in the living room and guest bedroom of the man’s house. Police told WPLG that the man admitted that he went to the hotel with the alleged victim but denied having sex with her.

Sexual Battery Defense Attorney in Miami, FL

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The Miami New Times reported on September 20 that a University of Miami (UM) student filed a lawsuit against the university on September 15. According the New Times, the student alleges in her lawsuit that she was raped on August 23, 2013, at an off-campus apartment complex known informally as “Red Road” that caters to UM students. 

The student claims that her assailant—who was a resident adviser (RA) at a campus dorm nearby—regularly stalked her and threatened her after the assault. The student said she first reported the assault and subsequent stalking to the RA program supervisor at her assailant’s dorm, but the supervisor “ultimately did nothing and also did not provide the student with anymore advice or reference her Title IX rights in any way” after saying he would speak with the alleged rapist. 

The student claims she first reported the rape to then-Dean William A. “Tony” Lake on September 16, 2013 and reported the stalking to the Coral Gables Police Department later that same day. The New Times reported that Lake allegedly told the student that “the school wasn’t able to enforce the no-contact order and that it was on her to steer clear of the rapist” two weeks after the university issued a no-contact order and the student’s rapist began harassing her again. 

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Being injured on the job can cause serious financial and resourceful hardship. These injuries can change your lifestyle, your method of enjoyment, and even your career path. Worker’s compensation was created to aide individuals who have been injured on the job, while performing their job duties.

Faking an injury or making a minor injury out to be more serious than it really is in order to obtain benefits can be tempting, but it will likely cause more headaches than it is worth.

Lying about an injury or pretending like an injury occurred at work when it did not can lead to serious legal consequences. Fraud is defined as a false representation. In the legal sense, it is a false representation of a material fact, whether by words or by conduct, that misleads or is intended to deceive another person so that she or she will act upon it to his or her detriment.

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On July 3, the Miami Herald reported that Miami-Dade Circuit Judge Milton Hirsch ruled that Florida’s updated “Stand Your Ground” law was unconstitutional. The ruling was not binding, likely meaning that the appeals process would lead to the revised law being reviewed by the Florida Supreme Court.

Senate Bill 128 (SB 128), which shifted the burden of proof from the defendant to the prosecutor during the pretrial phase of Stand Your Ground cases, was one of 16 measures Governor Rick Scott signed into law on June 9. Under the new law, prosecutors must prove by “clear and convincing” evidence that an alleged offender was not acting in self-defense.

Hirsch issued his ruling in the case of a woman charged with aggravated assault with a firearm and grand theft. The Herald reported that the woman will have an immunity hearing held in the near future to prove her self-defense claim, and she would be able to appeal to the Third District Court of Appeal, and ultimately, the Florida Supreme Court if unsuccessful.

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Miami criminal defense attorney Evan A. Hoffman is representing a 32-year-old woman who was charged with driving under the influence (DUI) manslaughter, DUI causing serious bodily injury, DUI with property damage, and possession of marijuana following an April 8 crash in Key West that killed an off-duty Delray Beach police officer and left another critically injured. The South Florida Sun Sentinel reported on May 3 that police said the alleged offender refused to perform field sobriety exercises or allow a blood sample to be taken and asked for a lawyer, but authorities forcibly obtained a blood sample after a prosecutor obtained a judge’s signature on a search warrant. 

Key West police said the alleged offender had a blood alcohol concentration (BAC) of 0.17. “This arrest was only based on the alcohol blood draw that was done forcibly,” Hoffman told WTVJ-TV. “I was told that the other blood tests aren’t even in yet. So, someone essentially decided to jump the gun as far as we’re concerned.” 

While the alleged offender was taken into custody by the Broward Sheriff’s Office, the Sun Sentinel reported that she will be taken from a Broward County jail to Key West because the woman faces charges in Monroe County. Hoffman told WPTV-TV that authorities jumped the gun and should have awaited pending toxicology results before arresting his client. 

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The Miami Herald reported last month that a man the Herald referred to as “a notorious Miami swindler” was charged with grand theft and issuing worthless checks after allegedly writing $3,000 in bad checks to the Zoological Wildlife Foundation to “adopt” a white Bengal tiger cub named Esha. The alleged offender was already facing trial for at least $113,963 in alleged bounced checks for luxury suites at Miami Heat games during the 2012 NBA playoffs. 

According to the Herald, the 35-year-old businessman’s attorney chalked up his “long history of writing worthless checks” to a gambling addiction. The Herald reported that the alleged offender has been in and out of jail for years for passing checks and is facing five criminal cases. 

The alleged offender wrote the $3,000 bad check in September while he was out on bond and took his daughter for a birthday party at the five-acre private zoo. His daughter received park visits and a certificate declaring her a “zoo parent.” 

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According to the Florida Senate, eyewitness misidentification has been cited as the single greatest cause of all wrongful conviction in the State of Florida –accounting for more almost seventy-five percent (75%) of convicting that were later overturned.

While the Florida legislature is fully aware of the problem in eyewitness identifications, if passed, Senate Bill 643 will be the first bill that addresses the proper procedure for conducting live line-ups and photographic identifications.

If passed, Senate Bill 643 will take effect this year, October 1, 2017.

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The Sun Herald reported on April 6 that rapper Kodak Black’s management said in a post on the website for the Spring Break Explosion Music Festival that he would be forced to reschedule his April 7 Biloxi performance “due to an unforeseen incarceration.” According to the Sun-Sentinel, the 19-year-old artist, whose real name is Dieuson Octave, has remained in the Broward Main Jail without bond ever since being arrested in February for four alleged violations of his probation. 

The Sun-Sentinel reported that Octave’s probation officer at the Florida Department of Corrections initially accused him of four violations of his house arrest, including failure to complete an anger management program, going out to a strip club, a boxing match in Ohio, and going to other unspecified locations without permission. At a danger hearing on March 20, two additional allegations (a battery offense and being at the strip club without prior approval) were added to the Department of Corrections affidavit against Octave, according to the Sun-Sentinel. A final violation hearing is scheduled for April 19.

Danger Hearing Lawyer in Miami-Dade County, FL

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The Miami Herald reported on March 23 that a 16-year-old was arrested after detectives found “drugs, stolen credit cards, and a realistic-looking silver BB revolver” during a raid his Southwest Miami-Dade home this month. According to the Herald, the teenager was “only the latest example of someone arrested after South Florida investigators used Instagram and social media to track their suspected crimes.” 

Investigators began monitoring the minor’s Instagram account in January, and police told the Herald that the teenager’s four prior convictions did not stop him from “using Instagram to sell drugs and post pics of himself preening with pistols.” Numerous Instagram posts featured the teenage posing with guns that he was prohibited from possessing, and he allegedly used Instagram’s “Stories” feature—similar to Snapchat, involving videos and photos that disappear soon after being viewed—to sell Xanax. 

The Herald reported that the teenager remained in juvenile custody and prosecutors would have to decide whether to charge the minor an adult. The minor had been arrested six times in the juvenile justice system over the past three years. Three of those arrests were for car break-ins, and the teenager was convicted, or adjudicated “delinquent,” on four of the charges.

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Stand Your Ground (SYG) laws have been controversial in recent years, especially in Florida. High profile cases have overshadowed the common popularity of SYG laws. In 2013, Florida Governor Rick Scott convened the Task Force on Citizens Safety and Protection to review public perception of Stand Your Ground.

The Task Force found that many people believe that when those who are conducting themselves in a lawful manner are attacked, they have a right to defend themselves and to stand their ground. So, while the law is controversial, many people still believe in the principle behind it.

The fundamental reasoning for Stand Your Ground would be reinforced if Senate Bill 128 (SB 128) passed. SB 128 was created in response to the Florida Supreme Court’s ruling in Bretherick v. State, 170 So.3d 766 (Fla. 2015), where the Court ruled on the burden of proof in pretrial evidentiary hearings for SYG immunity.

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