Florida Criminal Attorney Blog

Carissa Rangel was arrested in Fort Lauderdale, Florida for lewd or lascivious battery, lewd or lascivious conduct, lewd and lascivious molestation, and violation of probation. A judge set her bail bond on the lewd or lascivious battery charges at $25,000, but denied her bond on the probation violation. Rangel was also ordered not to contact the 13-year-old. No word yet on whether or not she has retained a private criminal defense attorney.

According to a police affidavit, the alleged victim, a 13 year old boy, told authorities that he and Rangel went outside his family's apartment, where she kissed and fondled him, exposed herself and urinated on the ground. They then went inside, where Rangel told the boy to lock the door to his bedroom before the two engaged in unprotected sex.

The mother of the teen said she heard moans coming from his bedroom at about 1:15 a.m. and that when she checked on her son, she caught the two having sex in his room. She also says that when she caught Rangel, Rangel told her that she was "getting it done right."

The mother kicked Rangel out of her home and immediately notified authorities.

The teen told police that he had had unprotected sex twice before with Rangel in the City of Hobe Sound. While Rangel is not a stranger to the victim's family, her relationship with the family is unknown.

While lewd or lascivious battery cases between women and teenage boys are uncommon, they are prosecuted just the same as cases where a grown man is the alleged offender.

Contrary to most people's misconception, the "victim's" consent and willful participation in the sex act is not a defense to lewd or lascivious battery. In fact, that is main difference between sexual battery (aka "rape") and lewd or lascivious battery.

Continue reading "Carissa Rangel Arrested in Fort Lauderdale for Sex with Minor" »

Michael Brennan was arrested in Fort Meyers, Florida for domestic violence battery charges on Friday night and taken to the Lee County Jail. Michael Brennan is U.S. Southwest Florida Regional Director for Senator Marco Rubio. He has since been released after posting $1000 bail bond.

According to the police report, Kelly Brennan stated that she and her husband had gone out and left their kids with a babysitter. On the way back to their Bonita Springs home they started to argue in the car. Mrs. Brennan stated that when they pulled into the garage and she got out of the car, her husband pushed her to the garage floor, where she landed on a rug. Kelly then pretended that the fall had rendered her unconscious.

Michael Brennan then allegedly rolled up the carpet "as if I was dead or something," said Kelly. He proceeded to hit and kick the rolled-up carpet containing his wife before retreating into the house. Kelly Brennan says she extracted herself from the rug when she heard Michael go into the house and went in after him. Inside, Michael Brennan denied his wife's accusations in front of their startled babysitter. The couple's children were asleep. Kelly says she asked Michael to leave and he conceded.

Continue reading "Marco Rubio's Staffer Arrested for Domestic Violence in Fort Meyers, Florida" »

Martin Durand, 30; Kevin Tiena, 29; Christopher Leyva 30; and Lazare Antoine, 27 were recently arrested in Fort Lauderdale, Florida for armed robbery. All were denied bail bond and remain in Broward County jail. While Durand has representation, it is not known whether the other three defendants have criminal defense attorneys.

The incident in question occurred at Club 303, located at 303 Southwest 6th St in Pompano Beach. According to the affidavit, the victim of the crime, Ala Ghazi Alrashed, told investigators he had purchased the club from Durand over a month before for about $40,000.

On the night of the incident, Alrashed was not initially at the club. He received word that several customers and employees had complained that Durand and his friends were harassing them. He came to the club to intervene, only to find that the locks were being changed on the doors of the club.

Alrashed attempted to stop this, at which point he says that Durand, Tiena, Antione and Leyva allegedly attacked him, putting him in a headlock and hitting him on the head with a gun magazine. Durand is said to have pointed a gun at Alrashed's stomach and cursed at him, threatening to kill him, before throwing him to the ground and stealing $2,000 cash from his pocket.

Continue reading "3 Arrested in Fort Lauderdale, Florida for Armed Robbery" »

Joe Paterno is dead at 85. Penn State sex scandal coach died this morning after succumbing to lung cancer. According to news reports, Joe Paterno was diagnosed with lung cancer in mid-November. The diagnosis came after a follow-up visit to his doctor's office for a bronchial illness.

There is no doubt in my mind that the stress imposed by the Penn State sex scandal played a significant role in Joe Paterno's death.

Obviously I don't say this directly. Rather, I am sure his immune system took a major dip while under the mental and emotional stress of the sex scandal. At his age, it is no surprise that an underlying illness, likely on the brink of explosion, broke the surface following a major emotionally stressful event.

From a criminal law perspective, this means that Joe Paterno will not be able to testify in any trials. At this early stage in the case, it is unlikely that he has even given a sworn statement in the form of a discovery deposition.

While I am not a Pennsylvania lawyer, the Florida Rules of Evidence do permit the perpetuation of a deceased witness's sworn statement under very limited circumstances.

If this case were to go to trial and those circumstances were met, a transcript or a video (if one was made) of the statement would simply be admitted into evidence and presented to the jury.

Continue reading "JOE PATERNO DEAD: How it Effects the Criminal Case" »

Raymond Vincent was arrested in Fort Lauderdale on Tuesday on three counts of lewd or lascivious molestation on a victim under 12. Vincent, who works at McDonalds, was booked in the Broward County Jail. He was denied bail bond at his first court appearance on Wednesday.

There is no forthcoming information yet as to whether or not he has a criminal defense attorney.

The victim, who talked to police about the crimes, indicated that she was molested three times between May 2011 and January 15, 2012. She said that after all three incidents, Vincent instructed her not to tell anyone what he had done. According to the affidavit, the last incident occurred when Vincent offered the girl food to get her into his apartment. Once she was inside, she washed her hands and Vincent inappropriately touched her and tried to get her to sit on his lap. The child indicated that this was typical for each incident.

Unfortunately, this is not the first time Fort Lauderdale has seen sex offenders who target children.

The recent high-profile case where a 15-year-old girl was allegedly raped on a cruise ship by Luiz Scavone, 20, and a minor companion occurred on a vessel that embarked from Fort Lauderdale.

Continue reading "Raymond Vincent Arrested for Lewd and Lascivious Molestation in Fort Lauderdale" »

A sexual assault sting in Osceola County, Florida netted 40 arrests for Attempted Lewd or Lascivious Battery on a Child, Travel to Seduce Child to Commit Sex Acts, Use of a Computer to Solicit Child for Sex, and Possession of Alcohol by a Minor. The undercover operation was designed to catch adults pursuing sex with minors on the internet.

Given the extremely serious nature of these offenses, those arrested should hire a private criminal defense attorney who has experience dealing with sexual offenses, especially lewd and lascivious molestation charges.

Those arrested include professional golfer Stephen Wesley Thomas, middle school teacher Alexander Roy, swim coach Bryan Woodward, and a handful of college students.

The sting, dubbed "Operation Red Cheeks," ran for one week between January 8-16.

Some, who thought they were talking to parents or guardians during the sting, were also charged with Use of a Computer to Seduce/Solicit/Entice a Parent, Legal Guardian or Custodian of Child to Commit Sex Acts of the Child and Travel to Seduce, Solicit, or Lure a Parent, Guardian, or Custodian to Consent to Commit Sex Acts with a Child.

Continue reading "40 Men Arrested in Osceola County, Florida Child Sex Sting" »

Clarence Hall was arrested in Fort Lauderdale, Florida for attempted felony murder, burglary with assault or battery, throwing a missile into a vehicle, and criminal mischief causing damage over $1,000 this past Tuesday. Hall is allegedly responsible for causing an escaping victim to lose control of his vehicle, causing it to crash into a pedestrian. The pedestrian was pinned against a wall and has lost a leg as a result.

Surveillance footage recently emerged of the gruesome scene. It is not yet known whether or not Hall has retained a criminal defense attorney.

According to police reports, at around 2pm on December 11, Hall was arguing with Timara Wimbar and her cousin David Thomas at Nada Market on the 1300 block of NW 6th Street, demanding to know why they were "in his neighborhood and [at] his store."

Wimar and Thomas reported that they had just stopped for a snack. Hall pursued them as they left, calling Wimbar a lesbian and trying to prevent the pair from entering their vehicle. Then, as the two got into their vehicle and prepared to drive off, Hall attacked the vehicle, kicking and hitting it, breaking off mirrors and damaging a door handle. He even reached inside the vehicle, attacking Thomas.

Fort Lauderdale Police Detective Travis Mandell said, "I can definitely tell you these were serious acts of aggression and Mr. Hall was extremely violent."

Continue reading "Clarence Hall Arrested In Fort Lauderdale for Attempted Murder" »

Barry Nash, 69, plead guilty today to one count of conspiracy to commit health care fraud in Miami, Florida. Nash is the owner/operator of a Broward County half-way house called Starter House. Like bank fraud, health care fraud is a Federal offense. Because health care fraud is a Federal offense, Nash's case was prosecuted in U.S. District Court by the U.S. Attorney's Office.

Hopefully, Nash is represented by a criminal defense lawyer in Fort Lauderdale who is familiar with Medicare fraud cases and how to deal with sentencing under the Federal Sentencing Guidelines. Given his age, Nash is not exactly the best candidate for a prison sentence.

According to the US Attorney's Office, American Therapeutic Corporation and the American Sleep Institute paid the owners/operators of assisted living facilities and halfway houses for referring patients.

In plain English, this is referred to as a kickback.

The U.S. Attorney's Office claims that not only did Nash accept kickbacks, but he did so knowing that American Therapeutic Corporation and the American Sleep Institute would be filing fraudulent bills with Medicare.

Over time, millions of dollars were paid to owners/operators like Nash, while the two companies fraudulently billed Medicare for more than $200 million.
In some instances patients were also paid a kickback.

Continue reading "Barry Nash Pleads Guilty to Conspiracy in Broward County Medicare Kickback Scheme" »

Jerrad Noel Wilcox, 22, was arrested in Fort Lauderdale, Florida following a high-speed chase by police. It is unknown whether he is represented by a Fort Lauderdale criminal defense attorney. According to news report, Wilcox was wanted for attempted murder and two armed robberies. Following the police chase, Wilcox is now facing charges for fleeing, resisting, possession of a firearm by convicted felon, hit and run, as well as driving without a valid driver's license.

He is presently being held on $174,000 bail bond.

According to Det. Travis Mandell, of the Fort Lauderdale Police Department, the chase took place after an emergency call reporting a robbery at 2500 block of Northwest 19th Street was received by operators. The chase began when Wilcox fled on foot after police arrived on scene at approximately 4 pm, Thursday.

Wilcox eventually made it to his car and the high-speed chase began. It culminated with Wilcox losing control of his vehicle and crashing into a utility pole on Northwest Sixth Street and 27th Avenue.

Wilcox was later taken to Broward General Medical Center where he was treated for minor injuries before being detained at the Broward Country Jail. According to police, Wilcox did not appear to be Driving Under the Influence at the time of the chase.

Continue reading "Jerrad Noel Wilcox Arrested in Fort Lauderdale, Florida" »

Luiz Scavone, 20, was arrested Fort Lauderdale, Florida, earlier this week for lewd and lascivious battery. Also arrested was an unnamed 15 year old boy. Both are accused of raping a 15 year old girl aboard the Royal Caribbean Cruise Lines ship called the Allure of the Seas. It is not yet known if Luis Scavone or the boy are represented by a criminal defense lawyer in Fort Lauderdale.

According to local news sources, the girl and her family set sail from Fort Lauderdale on a ten-day Royal Caribbean cruise aboard the Allure of the Seas. On the last night of the cruise, the girl went to "Fuel," an onboard teen club. Shortly before 2:00 o'clock in the morning, she was approached by a boy her age about a party being held in his cabin. The girl thought she would be meeting up with friends in his room and agreed to go with him.

However, much to her surprise, an adult male was waiting for her when she arrived at the room. The girl tried to leave the room by explaining that she had a curfew, but Luis Scavone and the 15 year old boy allegedly kept her against her will.

The girl claims that Luiz Scavone and the 15-year-old boy then raped her. As soon as she was able to leave the room, she immediately reported the rape to the cruise ship officials. According to a Royal Caribbean spokeswoman, the incident was immediately reported to the FBI and the Broward Sheriff's Office.

Continue reading "Luiz Scavone Arrested in Fort Lauderdale, Florida for Lewd and Lascivious Battery" »

Stephen Saftler was arrested in Fort Lauderdale, Florida for possession of child pornography charges. Based on the nature of the charges and the fact that he is accused of possessing more than 800 images of child pornography, Stephen Seftler's bail bond was set at $100,000.

According to an unnamed criminal defense lawyer who represented Stephen Saftler during his bond hearing, Saftler has been a resident of Broward County for more than 20 years and has never been arrested before.

Based on my experience litigating possession of child pornography cases, I can tell you most of these matters arise after a person has become a member of a file sharing network.

Sometimes, defendants do not realize they are sharing their personal collection of images and videos, simply because they lack computer savvy. This is most common with older offenders.

However, if there was intentional file sharing, this is sometimes evidence by online chats between the offender and the undercover detective.

Regardless, cases like these tend to be pretty black and white from an evidentiary perspective. Either the images and videos are child pornography or they are not.

From there, the most effective defenses come from a person's Constitutional Right to remain silent and their freedom of privacy.

Continue reading "Stephen Saftler Arrested in Fort Lauderdale, Florida" »

I can't believe what I have heard. In an interview with Bob Costas, Jerry Sandusky admitted to showering with children and "horsing around" with them. When asked out right if he found children sexually attractive, Sandusky provided a delayed response instead of an unequivocal "no."

Any normal person falsely accused of a child sex offense would respond with an immediate and and unequivocal answer in the negative.

Even more surprising were the moronic statements made by his lawyer, Joe Amendola, who described Sandusky as a big kid and a jock, stating that "Showering with kids does not make him guilty."

As a criminal defense lawyer, all I did was cringe as I listened to these moronic interviews.

In the world of criminal defense, making statements like these at this stage of the case is akin to a wide receiver intercepting a pass and running the wrong way down the field... on purpose.

It was major folly to reveal their strategic position because there is no way to know what prosecutors can prove and cannot prove this early on in the case.

Continue reading "Jerry Sandusky's Defense is Moronic" »

This is the third and final segment on our series concerning the arrest of Jerry Sandusky for child sex abuse charges. Specifically, this series was intended to address the rapid conclusion so many have drawn about whether or not he is guilty.

As a criminal defense attorney, my role is not to judge guilt or innocence. But as a criminal justice attorney, I am interested in understanding why and how people make the decisions they do when reading about criminal conduct in the media.

In this final segment, I will discuss how criminal defense lawyers can best represent Jerry Sandusky in the ensuing legal battle that he must engage in. Guilty, innocent, or otherwise, Jerry Sandusky has the right to counsel and he has no choice but to invest all he can in his freedom.

This section will address those issues.

For good reason, criminal cases are not litigated in the media or in the public eye. Rather, they are litigated in courtrooms where allegations must be proven using verified evidence (such as forensic evidence and eye witness testimony) and not hearsay, speculation, or other evidence that either waivers or vacillates in its meaning.

Jerry Sandusky needs to hire the best legal team possible. At this stage, he needs to invest everything he has in keeping himself out of prison.

Preserving his wealth or his retirement is not an option at this point. If his case is not handled correctly, he will have no chance at a free life.

Continue reading "Part 3: Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

As is already well known, Jerry Sandusky was arrested for child sex abuse charges. In Part 1 of this series, I shared my impressions as a criminal defense lawyer in response to the overwhelming belief that most people have concerning Jerry Sandusky's guilt in this matter.

In this section, I will discuss how we, as people, draw such conclusions in one case, but not in another. I think it is an interesting subject and certainly is one of great importance to anyone involved in the criminal justice system.

Basically, a person will ask two fundamental questions before they make a decision. First, is the claim plausible? Second, can the claim be verified?

In between these two points lies a distance of leeway. The amount of leeway afforded will vary from instance to instance. A person's tolerance for leeway will also vary depending on the nature of the claim and the magnitude of it is scope.

The more improbable a claim is, the less leeway afforded and the more verification required.

Continue reading "Part 2: Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

Jerry Sandusky was recently arrested, as many of you already know, for alleged child sex abuse. To make matters worse, two Penn State school administrators are also charged with covering up a report of child sexual assault that was allegedly witnessed in the showers. Since his arrest, Sandusky has been released from jail on a $100,000 bail bond.

For those who do not follow college football, Jerry Sandusky is the former defensive coach for Penn State. In fact, he was so well regarded that many touted him as the eventual successor of Joe Paterno, Penn State's head coach.

But Joe Paterno doesn't have clean hands in this scandal either. News media is reporting that he was made aware of the sexual assault in the showers too. He may have reported it to school officials, but it appears from the news that he failed to report it to police.

Penn State's athletic director, Tim Curley, 57, and vice president for finance and business Gary Schultz, 62, were charged with perjury.

At the present time, Sandusky is facing seven counts of involuntary deviate sexual intercourse, eight counts of corruption of minors, eight counts of endangering the welfare of a child and seven counts of indecent assault.

From my perspective as a criminal defense lawyer, I believe this case has all the makings of a presumed guilty child sex case. Meaning, most normal people who hear the allegations will immediately presume Sandusky is guilty without ever reviewing a single shred of evidence.

Continue reading "Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »