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.

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 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.

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 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.

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 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).

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 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.

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 Posted on August 16, 2019 in Gun & Weapons Crimes

If you are a convicted felon in Miami, you are not allowed to carry a concealed weapon. In a recent appellate decision, the court considered an appeal from a conviction for possession of a concealed weapon by a convicted felon. If you are facing firearms charges, contact a Miami gun crime attorney as soon as possible.

The defendant raised several arguments on appeal. The first argument he raised was that a firearm was not a weapon under Florida Statutes section 790.001(3)(a) and therefore couldn't be treated as a concealed weapon. The appellate court explained that phrases have to be read within their context, not in isolation and law needs to be interpreted to provide the effect to every clause it contains so that there is harmony or meaning.

A concealed weapon under section 790.001 includes any firearm carried on or about someone so as to hide the firearm from ordinary sight. Firearms include any weapon that can be easily converted to send out a projectile or is designed to do so. It also includes the receiver or frame of that type of weapon. Weapons can include metallic knuckles, tear gas gun, dirk, chemical weapon or device or another deadly weapon carried on someone so as to hide the weapon from ordinary sight.

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 Posted on June 20, 2019 in Violent Crimes

If you are subject to an injunction related to domestic violence in Broward County, it's important to follow the rules established by the injunction. Typically, an injunction for domestic violence includes restraints on the defendant's communications with the victim. A domestic violence injunction may require you not to communicate at all with the victim, and to stay a certain distance away from her person, her home, her car, and her workplace. Failure to follow the mandate of the injunction can result in greater charges.

In a recent Florida appellate decision related to aggravated stalking, the court considered whether text messages to the victim could be impeachment evidence. There had been texts between the defendant and his wife, who was the victim of his stalking before a domestic violence injunction had been put in place.

When trial started the defendant and the government talked about whether the texts should be admitted. The lower court found that texts couldn't be admitted because the government had failed to file a timely notice to admit the texts as collateral crime evidence, but it found that they could be used as impeachment evidence by the defense or presented by the government during its rebuttal to the defense.

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 Posted on June 20, 2019 in Sex Crimes

There are different types of Miami prostitution crimes, and some of them, such as repeat solicitation offenses, are punished harshly. In a recent Florida appellate court decision concerning prostitution, the government appealed from a county court order in which the court didn't assess a civil penalty under Florida Statute section 796.07(6), finding on its own that the code section was unconstitutional. On appeal, the government argued that the statute was constitutional and that the court refusing to impose the mandatory penalty made the sentence unlawful.

The case arose when the defendant allegedly offered to pay an undercover cop for oral sex and was arrested for soliciting prostitution under section 796.07(2)(f). The public defender negotiated a plea with the government that the defendant would plead no contest to solicitation of prostitution and in exchange, the court would withhold adjudication, require the defendant to perform 75 community service hours, and put the defendant on probation for six months. The defendant also agreed to pay $5000 in a mandatory civil penalty that section 796.07(6) required. Before the plea was entered, the defense attorney asked if the lower court would put him on a payment plan for the penalty, and the judge said he would. The sentence was pronounced, but a colloquy was had in which the judge noted that he was allowed to consider statutes to be unconstitutional if they were irrational and found that the statute mandating the civil penalty was unconstitutional.

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 Posted on January 18, 2019 in Juvenile Criminal Defense

Grand theft is a felony charge. For a Florida third-degree grand theft conviction, you may face a sentence of 5 years in prison or on probation, in addition to a fine. However, if you receive probation, you need to be aware that there are certain conditions you'll need to meet. Even if the defendant is a juvenile, failure to meet those conditions can result in penalties.

In a recent Miami appellate decision, the juvenile defendant appealed two contempt orders and sentencing. These were imposed because the court had found he'd committed indirect contempt of court by repeatedly violating home detention orders. It was determined that the lower court didn't violate the statutory blueprint of chapter 985 of the Florida Statutes as related to a juvenile who'd been committed to the Florida Department of Juvenile.

The case arose when the court found the juvenile, who was 14 at the time, delinquent in five different matters, including petit theft charges and strong-arm robbery. He was placed at a minimum risk nonresidential restrictiveness level under Florida Statutes section 985.441(1)(b). This meant he'd live at home with his mom and go to a day treatment program.

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 Posted on December 14, 2018 in Juvenile Criminal Defense

Sometimes detention is a mandatory enhancement for disposition of a Florida juvenile criminal matter. In a recent Florida appellate case, the government appealed a delinquency decision in which the lower court didn't commit a minor to a mandatory 15 days in secure detention for committing armed burglary of a conveyance.

The case arose when a witness reported seeing four males in a parking lot. They were trying to open car doors. Officers came to the scene and set up a perimeter. A particular minor was arrested. While he was detained, the police officers found a handgun had been stolen from a vehicle burglaries by the four suspects. The minor told them he knew where the handgun was and took them to retrieve it from a particular location.

Another suspect said that a third suspect had given him the gun and he'd hidden it in the bush where the police found it. However, he didn't say who stole the gun from a car.

The minor was charged with resisting without violence, armed burglary of a conveyance, grand theft of a firearm, and burglary of a conveyance. He pled to these charges. At his plea hearing, the government said that because it was a firearm case, 15-day mandatory detention was required under Florida Statutes section 790.22(9)(a). The minor's attorney said he didn't possess the gun personally so it was difficult to understand why he should face an enhancement. The court reset the case so the attorneys could do more research.

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