Posted on June 08, 2020 in Violent Crimes

When it comes to domestic violence accusations in Florida, a police officer may arrest someone if there is probable cause that domestic violence (e.g. assault, battery, strangulation, or any crime involving physical injury or death of a family/household member). Although law enforcement officials will separately evaluate mutual accusations, they are required to arrest the "primary aggressor."

But the truth is that many domestic violence incidents result in both parties expressing regret over the entire ordeal. It is not uncommon for an alleged victim to ask the police or the prosecutor to drop the charges against the alleged aggressor.

However, the alleged victim isn't the one who presses charges. Rather, it is the State of Florida. This means even if the alleged victim wishes to drop the case, the state prosecutors ultimately have the authority to either pursue the case or not.

Continue Reading ››

 Posted on May 13, 2020 in Violent Crimes

Although assault and battery are considered one type of violent crime in many states, they are two different offenses in Florida. Assault is defined as the threat of imminent harm, while battery means making physical contact.

To be convicted of assault, the prosecution must prove that you intended to threaten the alleged victim using intimidating actions, words, or gestures and caused the victim to be afraid for their life. For a battery conviction, on the other hand, the State must demonstrate that you intentionally harmed the alleged victim and the physical contact was committed without the victim's consent.

The following are five common defenses to assault and battery in Florida:

1. Self-defense - If you reasonably believe it was necessary to harm another person to defend yourself against imminent use of unlawful non-deadly force, you will not be convicted of assault or battery. Additionally, there is no duty to retreat before exercising your self-defense right and anyone who unlawfully or forcefully enters or attempts to enter your home or vehicle is automatically considered doing so to intentionally commit a violent crime.

   Continue Reading ››

 Posted on April 15, 2020 in Theft

Although there has been an increase in domestic violence calls in Florida since the COVID-19 pandemic arrived in the United States, there has also been an increased in felony crimes, including theft crimes such as grand theft.

According to the Dothan Eagle, Jackson County law enforcement officials arrested and charged a Houston County juvenile with grand theft, grand theft of a firearm, and armed burglary of a dwelling after burglarizing a building with a stolen gun and tried to steal a vehicle to escape the scene. ABC7 reported on April 1 that the Manatee County Sheriff's Office was looking for a person or group of individuals accused of grand theft and burglary removing five RV trailers in Bradenton and stealing contents inside those trailers.

The coronavirus outbreak has forced many businesses to close its doors until further notice, which has also led to many people losing their jobs. These frightening and uncertain times, mixed with unemployment and the stress of supporting the family, can result in desperation, causing people to commit theft in order to stock up on essential items and survive.

Continue Reading ››

 Posted on March 20, 2020 in Violent Crimes

Throughout Florida and across the United States, millions of Americans have started to quarantine themselves in their homes in hopes of hindering the spread of Coronavirus and flattening the curve of new cases each day. However, since people are now stuck in their homes 24 hours a day and seven days a week -- either because they were either mandated to work from home by their job or, unfortunately, laid off -- the National Domestic Violence Hotline and law enforcement officials in every state expect an increase of domestic violence incidents in the coming weeks or months.

In fact, several domestic violence reporting systems have experienced an increase in phone calls within the last week. Whether we are in the middle of a pandemic or not, unemployment, guns in the home, forced sex, and previous incidents of domestic violence often lead to domestic homicide.

According to Axios, when China instituted its quarantine mandate, the number of domestic violence cases reported to the police tripled in February in comparison to last year. Activists claim enforced lockdown led to the spike of such incidents.

Continue Reading ››

 Posted on March 20, 2020 in Criminal Defense

From work and school to concerts and sporting events, the Coronavirus outbreak has put a stop to many aspects of our daily lives. Federal, state, and local governments have issued mandates requiring most people to stay in their homes for at least two weeks in order to "flatten the curve" of new cases and deaths throughout the United States.

But what does that mean for people who are scheduled to appear in criminal courts? In Florida, many courthouses throughout the state have closed their doors for the time being.

On Tuesday, the Florida Supreme Court issued a statewide order, limiting how the court functions during the pandemic that will remain in effect until March 27. Chief Justice Charles Canady said that criminal and civil jury trials, grand jury proceedings, and jury selection proceedings have all been suspended.

On the same day, Miami-Dade County Courthouse shut down court facilities until March 27 as well. Staff members will work from until during this period.

Continue Reading ››

 Posted on December 26, 2019 in White Collar Crimes

If you are convicted of Internet solicitation in Florida, you may be sentenced to prison. However, under certain circumstances, a defendant in a Miami sex crime case may be sentenced to sex offender probation. There are specific rules that must be followed when the court imposes a sentence in connection with sex offender probation. In a recent Florida case, the court considered whether the lower court must orally pronounce every term of sex offender probation set forth under Florida Statute section 948.30 in situations in which there isn't a conviction of an offense specified under the statute. The defendant had been charged under Florida Statute section 847.0135(3) with two counts of lewd computer solicitation of a child. He was also charged with traveling to meet a minor for illegal sexual activity.

He pled no contest and asked the court to depart downward when sentencing. Specifically, he hoped not to be sentenced to prison. Instead, he hoped to be put on sex offender probation with house arrest.

Continue Reading ››

 Posted on October 16, 2019 in Civil Rights

Under the Florida Constitution, somebody arrested for a crime has the right to pretrial release on reasonable conditions like a bond, subject to specific exceptions under Article I, section 14. There is an exception that may apply if you're charged with a capital or life offense, ones that can be punished by life imprisonment or capital punishment, and the prosecutor is able to show that the proof of guilt is evident or that the presumption is great. If you're held under this exception, you are supposed to receive an adversarial, evidentiary bond hearing known as an Arthur hearing that looks at the prosecutor's proof to decide whether it rises to that level of proof, which is a standard stronger than the beyond a reasonable doubt standard. If you have been arrested for a crime, having a knowledgeable Miami criminal defense attorney review your case is crucial. In a recent Florida appellate case related to rights under Article I, section 14, the defendant, confined in Miami-Dade County jail, petitioned for a writ of habeas corpus.

Continue Reading ››

 Posted on October 16, 2019 in Civil Rights

If you're arrested, you're supposed to be taken before a judicial officer within 24 hours of arrest for a first appearance. Florida Rule of Criminal Procedure 3.131(b) requires the court at a first appearance to decide pretrial release conditions for eligible defendants, except where the State has moved for pretrial detention.

In a recent Broward County criminal appeal involving consolidated proceedings, the petitioners argued that pretrial detention without bond was not appropriate. The defendants were charged with felonies punishable by life. At their first appearance, the court found there was probable cause to believe they'd committed the crimes with which they were charged. It refused to set bond without first deciding whether a probable cause affidavit established proof of guilt was clear or the presumption was great. The petitioners argued the refusal to set bond or make requisite findings violated Florida Constitution Article I, section 14.

In order to hold a defendant without bond before an Arthur hearing, a first appearance judge needs to find that the probable cause affidavit shows proof of guilt is evident or the presumption is great. The appellate court explained that at a first appearance, the court needed to make a finding of whether the probable cause affidavit or something else shown to the court established proof of guilt was clear or the presumption great as grounds to deny pretrial release without bond. When this very tough standard is met, and the court decides not to set bond, the defendant can later ask that the bond be set aside and ask for a full Arthur hearing. At a full Arthur hearing, a defendant can put forward evidence and ask the court to use its discretion to set bond.

Continue Reading ››

 Posted on September 23, 2019 in Juvenile Criminal Defense

The Youthful Offender Act was enacted to give lower courts sentencing alternatives for defendants who are under 21-years-old and meet certain eligibility criteria. If you meet these criteria in Miami, it may be possible to ask the court to sentence you as a youthful offender, and these penalties are less harsh than adult sentencing. A skillful Miami criminal defense attorney with knowledge of sentencing alternatives can help you make sense of your options. In a recent Florida case, an appellate court reconsidered an earlier ruling about its sentencing of a defendant previously deemed a youthful offender.

The case arose when a young man was charged with aggravated battery. His sentence was imposed pursuant to the Youthful Offender Act, which permits at most six years of incarceration for those treated as youthful offenders. Accordingly, the defendant's sentence involved 479 days in prison plus 18 months of community control and 18 months of probation. After the community control was revoked for a substantive violation, the lower court sentenced him to a mandatory minimum term of 20 years imprisonment under the 10-20-Life statute, section 775.087(2)(a).

Continue Reading ››

 Posted on September 23, 2019 in White Collar Crimes

Broward County credit card fraud claims are taken seriously. Credit card fraud can be charged under federal or state laws. When charged as a state crime, it's known as fraudulent use of a credit card. In a Florida appellate case, the defendant was convicted of multiple charges including fraudulent use of a credit card that violated Florida Statutes section 817.61.

On appeal, he argued only the lower court made a mistake in denying his motion for judgment of acquittal with regard to fraudulent use of a credit card. He claimed that in using the stolen credit card, he didn't represent he was actually authorized to use it.

The case arose when the victim whose card was stolen was on retreat at a monastery when she got an alert her debit card had been used to charge something. The victim testified she didn't give anybody permission to use the card. She knew she hadn't made any charges and found her whole purse was missing. A monastery employee was told about the theft and said there'd been someone on the premises acting suspiciously and wearing a construction vest. The person tried to hide when he saw the employee.

Continue Reading ››