Posted on September 09, 2015 in DUI

With a bustling nightlife scene and miles of beautiful white sandy beaches, South Florida has many opportunities for relaxation and leisure. In many situations, these activities involve enjoying alcoholic beverages, creating ample opportunities for drivers to find themselves being taken into custody on suspicion of driving under the influence. Not every arrest for DUI is a valid one, and many defendants end up facing criminal charges because they did not understand the full scope of their rights.

Knowing when you may be at risk of being arrested for a DUI is the first step to protecting your rights. According to Florida's DUI statutes, the police have the power to arrest someone on suspicion of driving under the influence even when the defendant is not driving. According to Florida law, as long as the defendant has actual, physical control of the car while also under the influence, the officer may arrest him or her on suspicion of DUI.

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 Posted on August 19, 2015 in Violent Crimes

Domestic violence cases typically conjure images of violence taking place in the home, but Florida's law in this area encompasses a multitude of crimes, including false imprisonment and kidnapping. According to Florida law, kidnapping involves the confinement, imprisonment, or abduction of another against his or her will. The act must be done using force, secret, or threat and without any lawful authority.

Additionally, the defendant must possess the requisite intent, which must consist of one of the following:

• The intent to hold the person for reward or ransom, or to use the person as a hostage or shield;
• The intent to facilitate or commit any felony;
• The intent to inflict bodily injury to another, or to terrorize the victim or another individual; or
• The intent to interfere with the carrying out of a political or governmental function.

Kidnapping can arise in a domestic violence case in a number of ways. In 2013, for example, a Pasco man faced charges for domestic and aggravated assault and kidnapping his wife when he forced her to accompany him to dinner at a restaurant. The then 49-year-old man contacted his estranged wife and invited her to his house, intending to make a reconciliation. During the couple's meeting, however, the wife informed the defendant that she did not want to be with him and that she no longer loved him.

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 Posted on August 05, 2015 in Drug Crimes

In a recent case, the Florida Second District Court of Appeal considered the admissibility of confessions and searches in criminal drug cases.

In Thompson v. State, multiple officers traced evidence from the scene of a burglary to a house belonging to the suspect's sister. At trial, the prosecution and defense offered competing evidence regarding the events that unfolded at the home. According to the officers involved with the arrest, the defendant's sister permitted the officers to enter the home, but the sister testified that the officers forced their way into the home after she denied their entrance.

Once inside the house, the police officers asked the defendant if he consented to a search of the room in which he had been staying. Although the defendant refused, he stated that the room contained needles with methamphetamine. After obtaining a search warrant based in part on the defendant's admission, the police officers conducted a search of the room, during which they found illegal drugs, stolen property, and other related items.

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 Posted on July 07, 2015 in Criminal Defense

On June 18, 2015, the United States Supreme Court handed down its opinion in Ohio v. Clark, 13-1352 (June 18, 2015), holding that a trial court's admission of out-of-court statements that a three-year-old child made to his teacher did not violate the defendant's right to cross-examine the child regarding the statements according to the Sixth Amendment of the United States Constitution. Known as the Confrontation Clause, this principle outlines a number of rights for defendants in criminal proceedings, including the right to confront their accusers. This rule has many complexities, particularly when it comes to the admission of hearsay, which is an out-of-court statement offered for the truth of the matter asserted.

In a 2004 case, the United States Supreme Court clarified the scope of this rule, holding that a defendant had the right to cross-examine an individual regarding out-of-court statements when those statements are testimonial in nature. According to the court, a statement is "testimonial when the circumstances indicate that there is no ongoing emergency and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution."

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 Posted on June 24, 2015 in Civil Rights

In a recent opinion, the Florida Second District Court of Appeal discussed the implications of discriminatory practices during the jury selection phase in a criminal trial. In Florida, potential jury members and the parties to a case are entitled to be free from discrimination during the jury selection process. Despite this, an attorney may believe that his or her client will receive more sympathy from a particular race, ethnicity, gender, or another group.

During the jury selection process, an attorney has a limited number of "peremptory challenges" that allow the attorney to exclude a particular tentative jury member from serving on the jury without having to give a reason as to why the attorney does not want that person serving on the jury. When an attorney uses his or her peremptory challenge to excuse a potential juror based on race, ethnicity, or gender, the attorney violates the Equal Protection Clause, denies the parties their right to an impartial jury, and denies the potential juror his or her right to serve on a jury.

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 Posted on April 22, 2015 in Violent Crimes

On January 9, 2015, George Zimmerman was arrested in Lake Mary after his girlfriend alleged that Zimmerman threw a bottle of wine at her head. Although no one involved in the altercation contacted 911, police officers found out that the fight had occurred after performing a routine traffic stop on Zimmerman's girlfriend earlier that night. According to the officer's statement, Zimmerman's girlfriend stated she was just involved in a domestic altercation with George Zimmerman.

During the arraignment, the judge set Zimmerman's bond at $5,000, which Zimmerman paid that same day. Although Zimmerman's girlfriend made no allegations that a firearm had been used during the altercation, the judge ordered Zimmerman to give any firearms that he owned to a family member or friend within a few days.

Roughly 21 states in the country use a mandatory arrest policy for cases when reasonable suspicion or probable cause of specific instances of domestic violence is present. Many of these laws also take into account the current relationship between the parties. For example, Louisiana imposes a mandatory arrest requirement when the parties involved are current/former spouses, current/former cohabitants, or related through marriage or blood. Parties who have a child in common or who are in a dating relationship are not subject to the mandatory arrest law, provided none of the other categories apply. Had Zimmerman been located in one of these 21 states, the police would likely have arrested Zimmerman.

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 Posted on April 08, 2015 in DUI

As of April 1, police officers in West Palm Beach, Florida have begun wearing body cameras. The new measure was implemented in order to dispel negative public opinions about police practices and procedures. The cameras consist of tiny cylinders that can be clipped onto collars, hats, or sunglasses. Each camera is approximately three inches long and weighs only three ounces. The West Palm Beach Police Department began training its officers on how to use the devices on Wednesday, April 1, 2015, making the agency one of the first in South Florida to implement recording technology.

Other regions of the United States are also turning to cameras to help improve public perception of police activities. Additionally, President Barack Obama has proposed $75 million in funding for programs to assist police departments in purchasing cameras with the hope of improving police-community relations. West Palm Beach has allocated roughly $200,000 in city funding to purchase the cameras and has set future funding for the program at an additional $615,000. So far, 50 cameras have been implemented with the ultimate goal of 250 cameras in use by 2016.

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 Posted on December 29, 2014 in Theft

Retail theft is always a concern among department stores and perhaps even more so around Christmas time when the stores are crowded and thieves see even more opportunities. Most stores now affix anti-theft devices to sale items or scanners at exits along with undercover shoppers to observe and either detain or report to police those suspected of shoplifting.

Theft at department stores continues regardless of the measures taken by managers. In a recent incident in Miami, a man and his female accomplice were arrested for the alleged theft of an $1800 handbag from a T.J. Maxx store.

The defendant, 34-year old Kyle Fuller of Lake Worth, was apparently seen cutting off the anti-theft device and then cramming the expensive handbag into his sweat pants before leaving the store without paying. Mr. Fuller also had a female companion who drove Mr. Fuller from the store. Both were later arrested at an Office Max that same day. A search of Mr. Fuller's clothing found a wire cutter and aluminum foil, tools typically used by retail thieves to thwart anti-theft measures.

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 Posted on December 18, 2014 in Violent Crimes

It is usually sensational news when a celebrity is accused of or charged with a crime. It is somewhat less so but still a matter of media and public scrutiny when an attorney is accused of a criminal offense, especially one in which the lawyer has made his or her reputation as a criminal defense lawyer. Lawyers are as fallible as everyone else, but media attention was focused recently when criminal defense attorney William Abramson of West Palm Beach was arrested on a domestic violence charge made by his girlfriend.

According to news reports, police responded to a neighbor's call regarding a disturbance at Abramson's apartment and found the attorney yelling outside in the parking lot of his apartment complex. In the apartment, they discovered his live-in girlfriend on the floor and in tears. She informed police that Abramson had come home that evening and had assaulted her, prevented her from fleeing the apartment and then stomped on her knees and head. She also alleged that he had thrown her against a wall.

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 Posted on February 03, 2014 in Violent Crimes

Domestic violence is something that occurs quite often in various areas of Florida. If you live in the Miami area, you may be facing such charges. The best step you can take to protect yourself is by scheduling a consultation with a reputable firm. A conviction for domestic violence in Miami can tarnish your reputation and prevent you from spending quality time with your children.

Additionally, the courts may issue a restraining order against you and decrease the quality of your life. A Miami attorney can prevent you from performing jail time or paying high fines.

What is Domestic Violence Miami?

Domestic violence mostly includes violations that occur between two people who live in the same household. However, some domestic violence issues occur between people who have children together. Verbal altercations, physical fights, harassment and stalking fall within the realm of domestic violence.

If you have been accused of any of these actions, you must act now to prevent punishment. Speak with a Miami attorney to discuss the options for your defense.

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