Florida Criminal Attorney Blog

While Fort Lauderdale, Florida still remains the pain pill capital of the country, Oxycodone deaths statewide have risen by 26%. According to a medical examiner's report released this morning, there were 1,185 Oxycodone related deaths in Florida during 2009.

However, of all pain pill related deaths in Florida last year, Oxycodone only accounted for 16% of the total. As a criminal defense attorney, I can tell you that these statistics seem to be on the skinny side. Especially since many many many more overdoses are caused by generic versions of Oxycontin, as well as other pills like Xanax, Vicodin, and others.

If deaths have risen by 26%, arrests for pain pill crimes must have risen by the thousands of percent. The amount of criminal prosecutions in this State for possession, trafficking, doctor shopping, and fraudulent prescription writing is unprecedented.

The amount of criminal prosecutions for these offenses makes the cocaine trade of the 1980's seem minuscule. To understand why this is so, one must realize that unlike cocaine, pain pills are not illegal to manufacture, to transport, to distribute, to sell, and in most situations, to possess.

That means their availability to addicts and addicts to be is exponentially greater.

Continue reading "Oxycodone Overdose Deaths Surge in Florida By 26% " »

Alexander Griss, a 26 year old former police officer, was found guilty of Reckless Driving today in Fort Lauderdale, Florida. Griss was on trial for vehicular homicide for allegedly killing a pedestrian with his police cruiser.

According to internal affairs reports, Griss allegedly had a history of speeding in his police vehicle, both on and off duty. In the month before this accident, Griss was said to have driven his police car in excess of 90 mph over 90 times. In fact, investigators claim to have found 15 instances where he drove in excess of 110 mph. This includes one instance on a stretch of A1A where the speed limit is only 30-35 mph, where he drove in excess of 114 mph.

However, the jury never heard this evidence.

Instead, the heard about the victim's problems with drug and alcohol abuse. According to Griss' defense lawyer, the victim supposedly staggered out onto Federal Highway while high on crack cocaine and under the influence of "copious amounts" of alcohol.

Continue reading "Alexander Griss Found Guilty of Reckless Driving in Fort Lauderdale, Florida" »

Benjamin Marcus Raucher, age 22, was arrested in Miami, Florida for two different robberies where the attacker is said to have fondled his victims after stealing from them. Raucher is facing charges for armed robbery with a knife, burglary, and battery.

According to police, the "M.O." of the attacker in each case is the same. Essentially the victim would be accosted, money and valuable would be demanded, and then the attacker would fondle the victim. In one case, the attacker tore off his victim's shirt and exposed her breast. In the other case, the attacker is said to have fondled the woman's breast and butt before fleeing on foot.

Since Raucher has been arrested for both offenses, defense lawyers are expected to focus their attention on whether or not the victims can positively identify Raucher as their attacker.

For instance, were the victim's presented with a photo line-up. If so, was it presented objectively or did the police do anything that was suggestive? Were the people in the photos similar to Raucher or were they totally different?

Was Raucher presented to either victim and asked "Is this the guy?" As one can imagine, this is the most suggestive form of identification.

Ultimately, the victims will be required to make independent in-court identifications of Raucher when they testify at trial. Without a positive identification, prosecutors will not be able to meet their burden.

Continue reading "Benjamin Marcus Raucher Arrested for Armed Robbery in Miami, Florida" »

Unidentified skeletal remains were found today off of U.S. 27 in northwestern Broward County, Florida. According to police, a tourist had stopped on the side of the road to urinate when he noticed discovered the remains next to an area of flattened grassland that caught his attention.

While no identification has been made, detectives from the Hallandale Beach Police Department immediately suspected that the remains may belong to Lynda Robin Meier who has been missing from their jurisdiction since June 4th.

However, given the condition of the remains, police suspect that the they may be too old to belong to Ms. Meier because she has only been missing for a few weeks.

To be sure, the Broward County Medical Examiner's Office will be working with a forensic anthropologist to first determine the sex of the remains and then possibly make an identification using personally identifying features, such as dental records.

Continue reading "Have Lynda Robin Meier's Remains Been Found in Broward County?" »

Palm Beach County schools made the decision in Boca Raton, Florida to pull pain clinic advertising from their campuses. Unbelievably, they had accepted $3,600 in exchange for advertising that described the pain clinic in question as a "Partner in Excellence."

The decision to yank the ads came after a complaint was filed by an advocacy group called Parents against Prescription Drug Abuse.

As a criminal defense lawyer in the tri-county area, I can tell you that prescription drug abuse is worse today than cocaine was in 80's. The fact that our public schools have allowed them to advertise is very scary.

Parents Against Prescription Drug Abuse said it was no different than allowing tobacco to advertise. I can tell you thats an understatement... allowing pain clinics to advertise is more like cocaine or heroin. Actually, prescription pain pills are more addictive and easier to obtain. That is why thousands of young people are arrested in Florida every year for pain pill related offenses.

More importantly, who is in charge at the School Board? Really? Pain clinics are "Partners in Excellence?" What's next... Sex offenders to coach girl's cheer-leading?

Continue reading "Pain Clinic Ads Yanked from Palm Beach Schools" »

Surprise! Surprise! Yet another Broward politician is arrested on public corruption charges in Fort Lauderdale, Florida. This time, it is Tamarac city commissioner Patricia "Patte" Atkins-Grad. According to the Broward County State Attorney's Office spokesperson, Atkins-Grad is facing eight felony charges in total: one count of conspiracy to commit unlawful compensation, two counts of unlawful compensation, two counts of bribery, three counts of official misconduct. Atkins-Grad is facing a maximum penalty of 60 years in prison as a result.

Following her arrest, she was released on bond while her case remains pending.

Atkins-Grad is accused of accepting $6,300 from Shawn and Bruce Chait to pay for her campaign victory party and a new lease on a BMW 525i. In exchange for the money, Atkins-Grad is accused of voting for the Chait's real-estate projects while she served as a city commissioner.

Continue reading "Patricia "Patte" Atkins-Grad Arrested on Public Corruption Charges" »

Ian Arnold, age 22 from Fort Lauderdale, Florida, has been arrested for aggravated child abuse after allegedly striking and shaking a one year old baby boy to death. Arnold supposedly admitted to pulling the child away from a computer causing hand shaped bruises on both sides of the boy's body and injuries to the boy's brain.

According to police, Arnold called 911 and reported that the "child was breathing funny and his eyes were not moving."

To make matters worse for Arnold, he is also facing a violation of probation. As it turns out, Arnold was on felony probation at the time of this incident for a prior charge of Aggravated Assault.

For these offenses, Arnold is facing a maximum penalty of 30 years in prison on the Aggravated Child Abuse and 5 years in prison for the violation of probation, less any time already served.

However, this may change if prosecutors decide to charge Arnold with murder. According to the Sun-Sentinel, the Broward County Medical Examiner's Office is conducting an autopsy which prosecutors will review when making this determination.

Insofar as a legal defense is concerned, it sounds like this case has a lot of aggravating factors. However, the main piece of evidence that ties this case together are Arnold's statements to police.

Defense lawyers will need to determine how these statements were taken. Were they taken during custodial interrogation? Did Arnold waive his right to remain silent or his right to a lawyer?

Continue reading "Ian Arnold Charged with Aggravated Child Abuse in Fort Lauderdale, Florida" »

In its second move against Florida pain clinics this month, the DEA suspended the license of Sunrise Wholesale Inc., located in Sunrise, Florida. The company is accused of selling excessive amounts of Oxycodone to pain clinics in South Florida. According to a DEA official, Sunrise Wholesale agreed to surrender its license rather than contest the suspension.

As was reported earlier on this blog, the DEA previously suspended the license of Harvard Drug Group, which is a supplier of Oxycodone which is a Michigan company with an offices located in Tamrac, Florida. Just like Sunrise Wholesale, Harvard was accused of distributing excessive amounts of Oxycodone to South Florida pill mills.

To be clear, no arrests have been made and no criminal charges have been filed.

However, if you are a user of oxycodone or other pain pill medications, you should be on alert. The DEA is cracking down and local law enforcement is not far behind. Unfortunately, many pain medication users do not have prescriptions. If you are caught in possession of any pain pills without a prescription, police will definitely arrests you and charge you with a crime.

Even though it is much easier to legally obtain these pills in Florida than in other states, the penalties for illegal possession are extremely stiff.

Florida Minimum Prison Sentence for Possession of Oxycodone

4g - 14g = 3 years

14g - 28g = 15 years

28g - 30kg = 25 years

Continue reading "DEA Cracks Down on Oxycodone Supplier in Sunrise, Florida" »

Paul Maurice Gould, 56, was arrested in St. Lucie, Florida yesterday after he allegedly fondled a 4 year old girl's genitals. In an interview with police, Gould denied any wrongdoing. According to reports, he was already on pre-trial release for "for the same type of offense," although details are not presently known.

The 4 year old girl allegedly complained to her guardian that Gould touched her genitals while she was left at the man's house. After detectives interviewed both the girl and Gould, a decision was made to arrest him.

Gould is now facing charges for Lewd and Lascivious Battery on a Minor Under 12. Unlike sexual battery, consent is not a defense. This is especially the case where the victim is so young. In the eyes of the law, a young child does not have the mental capacity to consent or reject sexual advances - obviously.

Regardless, this offense carries a maximum penalty of 15 years in prison. Undoubtedly, child hearsay laws will play a major part in this case.

Continue reading "Paul Maurice Gould Held on $500,000 Bond in St. Lucie, Florida" »

Today was a very busy day for law enforcement in Fort Lauderdale, Florida. Around 3:00 pm this afternoon a 21 year old inmate committed suicide in the Broward County Jail. It is not yet known what crimes he was charged with or how long he had been in custody. While the details of the suicide still remain unknown at this time, it is believed that the victim, 21 years old, hung himself using bedsheets. Jail nurses and fire rescue attempted CPR and transported the victim to Broward General Medical Center where he later died.

Just before the suicide, at around 2:00 pm, two armed robbers wearing masks robbed the El Rancho Motel at gun point. During the course of the robbery, two employees were pistol whipped and a car was stolen. If caught, these robbers will be facing some mega charges. First of all, they would both be charged with armed robbery, wearing a mask while committing a felony, and possibly armed car jacking. Given the fact that crimes of this sort are not what we refer to as "gateway crimes," it is entirely likely that these offenders have serious criminal histories. If caught, prosecutors will undoubtedly ask for major prison time. However, no arrests have been made as of tonight.

On the lighter side of crime, eight men were arrested Friday night after trying to score hookers on Federal Highway. Here's a tip fellas... if they got teethe, they're cops!

Continue reading "Fort Lauderdale Crime Update: June 21, 2010" »

A BSO deputy was responding to a domestic disturbance call in Fort Lauderdale, Florida, last night when he encountered a belligerent man who began fighting with him as soon as he arrived on scene. The man began to hit the deputy and even grabbed his baton, striking the deputy in the head. A police taser was eventually used to subdue the man and place him under arrest.

The deputy was transported to Broward General Medical Center where he was treated for non-life threatening injuries.

The man will certainly be facing felony charges for battery on a law enforcement officer. He may also be charged with aggravated battery - deadly weapon. Both charges are serious crimes of violence and each carries a maximum penalty of 15 years in prison.

Given the seriousness of the attack and the fact that the victim is a police officer, prosecutors are expected to seek prison time.

Defense lawyers will likely seek a psychological evaluation of the attacker. In all likelihood, substance abuse played a role in this attack as well.

Continue reading "BSO Deputy Attacked With His Own Baton in Fort Lauderdale" »

Two men were suspected of burglarizing a home under construction in Southwest Ranches, Florida last night. When BSO deputies arrived on scene, the men tried to flee in a van. As the van took off, it struck one of the deputies. In response, it seems as though the other deputy drew his weapon and shot at the two suspects. Unbelievably, both suspects were hit, despite the fact that they were in a moving van speeding by in the dark.

One of the two men died from his injuries last night. The other man's condition is unknown at this time. Aside from burglary, the surviving man may be facing charges for attempted murder of a police officer, depending on whether or not he was the driver or the passenger of the van. Luckily for him, the cop was not killed, because if he was, he could have been charged with felony murder and would have been subject to the death penalty.

Unfortunately, the deputy who was struck also sustained an injury. It has been reported that he has sustained a broken leg.

So far, no arrests have been made.

Regardless, this case presents more questions than answers. In every police involved shooting, an internal affairs investigation is initiated to make sure that the deputy acted according to departmental policy when discharging his firearm.

At first glance, it appears as though the deputy acted reasonably when he shot at the fleeing van.

Continue reading "BSO Deputy Kills Burglar In Southwest Ranches, Florida" »

The DEA recently suspended the license of Harvard Drug Group, LLC due to questionable oxycodone sales to South Florida pain clinics. According to the DEA, 39 of HDG's 50 largest purchasers are located in South Florida.

To be clear, even though this suspension involves the DEA, no arrests have been made.

Federal officials claim that HDG distributed more than 13 million doses of oxycodone over the past two years. While the DEA claims that this amount "doesn't indicate anything nefarious," a review of HDG's records showed that large amounts of pills were going to offices with a small amount of doctors. This grabbed DEA's attention.

At the end of the day, this is just a drop in the bucket of a greater tsunami. The pill craze is much bigger and more widespread than cocaine ever was.

Want to know the difference? Pain pills are not illegal! You don't have to cook them up in secret drug labs or smuggle them into the country in duct taped bricks. They are manufactured here in the United States by legitimate pharmaceutical companies.

This means the production, distribution, and sales of these pills results in fewer arrests and less drama on the news.

Continue reading "Oxycodone Wholesaler's License Suspended Over South Florida Sales" »

Ricardo Jose Bonilla, Jr.,18, was the subject of a four hour manhunt in Miami, Florida. According to the Miami Police Department spokeswoman, police were initially called out to a hit and run car accident. Witnesses told police that the fleeing car had crashed not far from the scene of the first accident.

Bonilla, Jr. allegedly called his father for a ride after the second crash. When police caught up with him, Bonilla, Jr. pointed a gun at a police officer. The cop took cover and Bonilla, Jr. took off on foot, triggering a four hour man hunt that included the use of K-9's, a helicopter, and a SWAT team.

While the details are not presently known, a standoff with police ensued ended with Bonilla, Jr. shooting himself in the head. He is listed in critical condition at Jackson Memorial Hospital where he is expected to die.

Bonilla, Jr.'s dad told CBS-4 reporters, "If I would have been the mediator this would have not happened. My kid would have turned himself in and a life would not be on the line at this time." He supposedly begged police for permission to talk his son into surrendering peacefully. This request was allegedly denied.

"I would rather have seen my son in jail for four to five years but not here now waiting to die," Bonilla, Sr. stated.

Continue reading "Ricardo Jose Bonilla Shoots Himself After Standoff With Miami Police" »

This one is definitely going in the books! In yet another example of the criminally moronic, two butt-heads decided to rob the Waffle House located in Davie, Florida at gunpoint earlier today. Somehow, the moron with the gun shot the other moron by accident. While the details are not clear, the two left together and eventually called 911. The guy that was shot eventually made his way to Broward General Medical Center where he received treatment for his superficial wound.

Incredibly, no arrests have been made yet. I guess friendly fire is a problem some robbers face as well.

Trevor Alphanso Gordon, 42, was found dead in an apartment located in Margate, Florida. According to police, Gordon's body was found face down in a pool of blood. The Broward County Medical Examiner's Office has concluded that Gordon sustained multiple blunt force injuries to his head and face. Officers also claim that they smelled an intense odor of bleach upon entering the home.

So far no arrests have been made.

There is a lot that can be said about this case. First of all, it is surprising to learn that no one has been arrested yet. It is clear from the description of the crime scene that the culprits acted with extreme violence and anger. While it may sound incredibly morbid, there are many different methods used by attackers in murder cases. Spur of the moment crimes usually do not involve instances of extreme violence.

However, when you have evidence of multiple blunt force to the head, countless stab wounds, or evidence of strangulation, it is clear that an element of anger played a major role in the murder. Pulling a trigger is not hard, some may say it is even mechanical. But to beat someone to death by bludgeoning their head... that is up front and personal, not to mention extremely messy.

Why is this important to investigators? Well, understanding the character of your homicide will help you understand the character of your murderer. For example, if your victim is shot once on a desolate street and his wallet, watch, and necklace are all missing, it is safe to presume the attacker was likely a stranger motivated by theft.

Continue reading "Trevor Alphanso Gordon Murdered in Margate, Florida Apartment" »

After returning to her home in Miramar, Florida this morning, a woman was robbed by two men wearing ski masks. After exiting her car, the two men forced her into her apartment at gun point. An unnamed male who also lived in the home, was already inside the house when the masked men forced their way in.

Once inside, the masked men tied up the apartment's residents and stole their valuables.

So far, no arrests have been made despite the existence of video surveillance tapes at the apartment complex.

From a defense lawyer's perspective, this case presents a plethora of issues. First of all, armed home invasion is a first degree felony punishable by life in prison. Committing a crime with a mask on is also a crime.

Ultimately, a case like this will come down to identification. Even though they wore masks, victims are sometimes able to identify their attackers by tattoos, unique scars, voice, body shape, or clothing.

Continue reading "Masked Men Rob Home in Miramar, Florida" »

Actor Chris Klein, 31, best known for his role as "Oz" in the hit movie "American Pie," was arrested, yet again, for DUI near Van Nuys, California. According to police, Klein had a blood alcohol level that was more than twice the legal limit. Police also claim that he failed field sobriety tests.

Klein was released on a $25,000 bond that he posted using the same bondsman Lindsay Lohan used during her recent run in with the courts.

As a criminal defense attorney who has litigated thousands of DUI cases in Fort Lauderdale, Florida, I can tell you a number of things about Klein's case. First of all, the fact that he has had a second offense reveals that he hasn't learned one of the most fundamental lessons of adult life: take a cab.

This fact is especially onerous given his celebrity status. Someone in his position cannot afford negative press in any form. That means getting arrested for DUI carries even more negative consequences than it does for a regular Joe. The fact that he is still pushing the limit tells me that he still has some growing up to do.

Why do I mention this? It isn't to denigrate Mr. Klein, but rather to point out the intuitive and objective type of thinking that a solid criminal defense lawyer must employ. Like a doctor, an attorney must maintain his or her objectivity, no matter how much cool aid your client tries to force feed you.

Recognizing that Klein has maturity issues or a possible alcohol problem is important because those are the thoughts his judge will be having - I guarantee it.

Second, Klein may be facing an enhanced penalty because he is a repeat offender. In Florida, a person who is convicted of a second DUI within 5 years faces a minimum of 10 days in jail or 28 days in a rehabilitation facility. California may require similar sanctions.

Third, given the fact that no one was seriously injured or killed, it is doubtful that Klein will face any kind of serious jail sentence. Again, I am no expert in California law, but in Florida, second time offenders who don't hurt or kill anyone rarely get more than a couple weeks time in jail, if that.

Now that's the bad news.

Insofar as a defense is concerned, Klein's lawyers will need to determine why the police conducted a traffic stop. Under the U.S. Constitution, a police officer may only detain someone or conduct a traffic stop if they can articulate a reasonable basis as to why they thought a crime had been committed, was being committed, or was about to be committed.

This includes violations of the traffic code. In other words, if an officer caught Klein speeding, running a traffic control device, such as a stop sign, or otherwise violating the traffic code, the stop and subsequent detention may be lawful under California law.

Analyzing the traffic stop is important because if it wasn't lawful any and all evidence procured as a result of that stop must be excluded by the judge. This may include any observations of Klein's physiological appearance (such as red, bloodshot eyes, flushed faced, slurred speech, etc.), Klein's performance on field sobriety exercises, and Klein's breath test results.

Without this evidence, prosecutors would have no case. In these situations, prosecutors will usually offer a change of charge to a lesser offense in exchange for a defendant's agreement to not pursue the illegal stop issue.

A defendant would normally agree to such an offer simply because the guaranteed win is sometimes not worth the risk of losing, even when that risk is nominal. In criminal law, much like in surgery, there are variable that are both unknown and uncontrollable. These factors give trial work an element of risk that makes settlement a viable option for defendants with a low risk threshold.

The fact that thousands of criminal cases are lost by prosecutors every year, simply because the police conducted an illegal traffic stop, makes analysis if the traffic stop an essential part of any DUI defense.

Next, a good defense team will want to analyze the field sobriety exercises. In Florida, some counties record these on video. These videos can both be a blessing and a curse. When the client is borderline or not impaired, the video will set the record straight. However, if the client looks like a sloppy drunk, it kinda seals the deal.

Simply put, seeing is believing.

These videos are so powerful, that juries have been known to acquit DUI defendants who had extremely high breath test results. At the end of the day, most jurors use their common sense and go with what they see. If the evidence isn't consistent and the video looks good, they acquit.

Anyway, these are just some of the finer points that Klein's defense team will need to investigate. There are many others, but some depend on the nuances of California DUI law. Regardless, I hope this experience teaches Klein a valuable lesson that his career, his safety, and the safety of others are worth a whole lot more than the cost of a cab.

Jersey Shore's Sammi "Sweetheart" Giancola will not be facing prosecution for an alleged fight that took place in a Miami nightclub last month. Apparently, she is too far away to prosecute.

In an interview with E! News, the Miami-Dade State Attorney's Office spokeswoman said, "What happens here in Miami-Dade County is when we investigated the case and spoke to all the witnesses, we did feel there was probable cause to charge to her with misdemeanor battery. However she's out of jurisdiction... If they're out, we're not going to expend the money to go and find them. But if she ever comes back, we'll definitely revisit the matter."

Seriously? All you have to do is leave town? I think I might just throw away all my law books, burn my diploma, and start a travel agency in lieu of my law office.

I would like to know more about this policy.

Does it apply to all misdemeanors or only victim crimes? What about felonies? Could a drunken tourist crash his car through my living room and go home unscathed simply because he doesn't live here?

This policy would actually put a whole new spin on the drug trade if you think about it.

Let me be clear about something, I am 100% behind any prosecutor who makes a practical decision that considers the extreme budget crisis our law enforcement agencies are facing. Believe me, I would much rather see prosecutors go after the gang bangers on our streets and the sex offenders in our schools than the drunken tourists in our night clubs.

Regardless, don't you think this policy sends the wrong message to people? Just imagine the billboard: "Visit Florida! We Don't Prosecute Tourists!" Now every drunk and hipster wanna-be is going to think they can come to Miami, act like an ass, and go home on Monday. Or worse, serious criminals might think they can bring their enterprise here and simply skip town if ever caught.

I also wonder what the crime statistics look like for Memorial Day Weekend and the Hip Hop Music Festival which are known to attract many African American tourists. I really hope they reflect a consistent policy that is applied evenly to all people, regardless of race, ethnicity, or stardom.

Maybe the spokeswoman's quote was reported out of context. Maybe it was misstated or not explained properly.

Either way, this is just my two cents worth. I think a little more discretion would have gone a long way when explaining why Sammi's case was declined.

Jeremy Jarvis, age 13, was arrested Tuesday in Pompano Beach, Florida in connection with a burglary. For those who may not remember, Jeremy and his brother Denver were suspects in the Michael Brewer burning case. Last October, Brewer, age 15, was nearly killed when a group of teenagers set him on fire after dousing him with rubbing alcohol. Brewer spent many months in the Jackson Memorial Burn Center where he suffered greatly and nearly died.

Jeremy Jarvis was never charged in that crime, although his brother is presently facing attempted murder charges.

In regards to the most recent case, Jeremy is accused of breaking into a house to steal a video game system. Jeremy was allegedly caught on a video camera attached to the victim's computer. The victim allegedly identified Jeremy who is said to have admitted to the crime later on.

While Jeremy and his bother are clearly innocent until proven guilty, I think it is safe to say that there is something wrong in the Jarvis home. This case highlights the distinct complexities faced when criminal law and juvenile justice collide.

Continue reading "Former Suspect in Michael Brewer Burning Case Arrested in Pompano Beach, Florida" »

Brian Henwood, a 43 year old resident of Hollywood, Florida has been arrested for possession of child pornography. He has been booked under twenty felony counts and bond has been set at $200,000.

According to police, Henwood was identified after they discovered the IP address of his computer as a device sharing child pornography over the internet. Henwood is said to have admitted to downloading, storing, and viewing more than twenty images and movies depicting child pornography. The children depicted in the pornography were allegedly as young as 6 years old.

If I were Henwood's defense lawyer, there are a number of questions that I would like answered. First and foremost, how exactly did the police come to discover the images? What were they doing on the internet and what steps did they take to ultimately identify Henwood?

Continue reading "Brian Henwood Accused of Possessing Child Pornography in Hollywood, Florida" »

Sandeep Munshi, a music teacher at a Hindu temple in Southwest Ranches, Florida, was sentenced found guilty of multiple sex offenses this week. A Broward jury convicted Munshi of six felony sex crimes relating to encounters he had with a 10 year old student. He is facing a mandatory life sentence as a result.

During trial, the State admitted photographs of semen on the classroom walls and floor and a two hour audio tape containing a conversation between Munshi and the victim's daughter. At the end of the tape, Munshi supposedly confessed to the crime stating, "Whatever she says is correct...and I apologize for it."

The jury also heard from the victim's cousin who testified that Munshi had made sexual advances on her when she was only 14.

Knowing that this evidence would be admitted, on top of the victim's testimony, and in the absence of any cognizable defense, it is unbelievable that Munshi chose to take this case to trial. Sometimes a client ignores the advice of his defense lawyer, even though that person explains why trial may not be an option.

Continue reading "Sandeep Munshi Found Guilty in Broward Sex Case " »

Linda Robin Meier was last seen leaving her condo in Hallandale Beach, Florida ten days ago. Her whereabouts are unknown and police are officially calling her disappearance the result of foul play. Meier's Cadillac Escalade was found in good condition in an Opa-Locka parking lot this past Sunday. Police have not revealed what evidence, if any, was recovered from her vehicle.

So far, the only interesting lead into this case comes from Meier's credit cards. According to police, Jessica Morales, 24, of Opa-locka, and Susan Panchoo, 23, of Miami are believed to have used Meier's credit cards at a Wal-Mart near Miami Lakes.

Neither woman has been charged and police have not revealed how the two came to be in possession of Meier's credit cards. They did, however, provide police with the name of man who has since become a person of interest in the case.

The circumstances surrounding Meier's disappearance are still unknown. Without any known reason to disappear, without her credit cards, her car, and not having made any contact with her very concerned family, it is clear that there is much more to this case than meets the eye.

If I was working this case, I would conduct a multi-layered approach to the investigation. First, a forensic analysis of her computers, email accounts, and social networking is essential. Second, all of her text messages and phone calls should be pulled for as far back as they go. Third, the GPS locations of her cell phone(s) for as far back as can be traced should also be pulled.

Continue reading "Foul Play Suspected in Disappearance of Linda Robin Meier from Hallandale Beach, Florida" »

Robert Ray Huizenga, son of H. Wayne Huizenga, plead no-contest to a boating under the influence charge in Fort Lauderdale, Florida this morning. The Honorable Michelle Towbin-Singer presided over Huizenga's case and sentenced him to 18 months in Florida State Prison. This prison sentence will also be followed by a 6 month period of probation.

For those who are not aware, Huizenga was taken into custody last July after violating his DUI probation by operating a boating vessel while under the influence. For violating his probation, Huizenga was previously sentenced to 2 years in prison. Both prison sentences were ordered to run concurrently. Huizenga will be entitled to credit for time already served as well as gain time for good behavior.

According to his lawyer, Huizenga "has learned it's time to put away childish things, and the childish thing is going out and getting hammered with the boys..." Had Huizenga gone to trial and lost, Judge Towbin-Singer would have had the discretion to sentence him to up to 5 years in prison on this charge alone.

The fact that he is a repeat offender would have certainly worked against him. In his first case, Huizenga is said to have injured a pedestrian, causing that person to suffer a concussion, a gashed head and a broken elbow.

In Satellite Beach, Florida the city council is preparing to pass ordinances that will control the business operations of newly established pain clinics. While not criminal in nature, these ordinances will call for implementation of accounting procedures that will provide police with daily reports regarding prescriptions, dosages, and the states of residency for patients treated. Clinics who fail to comply will likely face fines and the possibility of losing their operating license.

While these ordinances are well intentioned, they may not be lawful if they include patient names, addresses, social security numbers, or other such personal data. Specifically, these ordinances may violate the Health Insurance Portability and Accountability Act (HIPAA). Enacted by the U.S. Congress in 1996, HIPAA protects patient health information from disclosure to third parties.

If the new law does not require clinics to disclose the names and biographical information of patients, what value does the ordinance have to law enforcement? If police do not know who has received the pills in question, what good is knowing that pills were dispensed? For this information to have any value to law enforcement, names will need to be submitted.

On the other side of the token, if police did know the names of patients treated, what good would that do anyway? Receiving pain medication pursuant to a valid prescription from a pain clinic is not illegal.

Continue reading "City Counsel Plans to Restrict Pain Clinics in Satellite Beach, Florida" »

Just before noon today, members of the Broward Sheriff's Office entered the home of the barricaded shooting suspect from early this morning. Much to their surprise, the home was empty.

The identity of the home owner had not been made public at this time. Of the two men shot this morning, one has already been released from the hospital while the other remains in serious condition.

The facts of the alleged shooting have still not been made public at this time.

Police have surrounded a home in Pompano Beach, Florida following an early morning shooting. Two men were injured and sent to North Broward Medical Center for treatment. One man was released from the hospital, while the other remains in serious condition.

The details of the shooting are unknown at this time. The shooting suspect is believed to be barricaded in his home alone.

Update to follow...

Peter N. Price, a 49 year old title attorney from Hollywood, Florida, plead guilty to a criminal information charging him with making false statements to HUD. Price allegedly imbezzled over $1 million dollars in loan proceeds that had been sent to his title company's escrow account. The name of that title company was Intracostal Title Services, Inc.

The case was presided over by the Honorable Jimmy I Cahn, of the U.S. Southern District Court for the Southern District of Florida. Sentencing is presently set for August 27, 2010.

When clients sent Price money to pay off prior mortgage loans, Price prepared and sent a false HUD1 Real Estate Settlement Form, falsely reflecting that the old loans had been paid.

This case was investigated by the Postal Inspector, the FBI, and the Florida Office of Financial Regulation.

When it comes time for sentencing, there are a number of factors that Judge Cahn is likely to consider. On the aggravating side, this case presents an instance of greed by a person who abused their position of trust. On the mitigating side, Price did enter a plea of guilty and has agreed to pay restitution. Assuming restitution is paid in full by the time he is sentenced, Judge Cahn will likely give him credit for that as well.

Regardless, there is no doubt that Mr. Price is facing a very precarious situation. Federal charges are serious business, especially when it comes to mortgage fraud in an economic environment predicated on the worst real estate bust in history.

Bethsaida Sandoval, a 38 year old Royal Caribbean vacation planner, was arrested last week in Palm Beach, Florida. Her husband, John Lopez, 38, is was also arrested. The duo have been booked for multiple counts of burglary and armed burglary.

While bond has been set on two counts, the remaining 19 counts have no bond. They therefore detained in jail without the possibility of release (until their cases are resolved) at the present time. It is unknown whether or not she intends to hire a private criminal defense lawyer at this time.

When a judge sets bond in a non-capital case, she or he is always going to evaluate three main factors. They are as follows:

1) Nature of the crime
2) Danger to the community
3) Flight risk of the defendant

In a capital case, a special hearing called and "Arthur Hearing" must be had. In an Arthur Hearing, a the prosecutor must prove that proof is evident and the presumption of guilt is great. This is the highest legal standard in the American legal system. It is even higher than the "reasonable doubt" standard used in normal criminal trials.

If the prosecutor is not able to establish "proof evident/presumption great," then the defendant must be released immediately. However, if the prosecutor is able to establish his or her case to this standard, then the judge has the option of either setting bond or detaining the defendant without bond. Once the prosecutor passes these hurdles, the judge then considers the three factors noted above.

Continue reading "Bail-Bond Ruling Explained in Royal Caribbean Burglary Case" »

Teresa Acosta has been arrested in Palm Beach, Florida for allegedly writing fake prescriptions for a group of people who used them to illegally obtain oxycodone. Also arrested were: Rachel Soobitsky, Louis Espinosa III, Derek Lee Hewitt, Brian Barnes, Christopher Griffths, Casey Echerri, Maria Teresa Bianchi, and Shaun Garceau.

It is presently unknown what bond has been set on each of these people.

When someone is arrested for trafficking in oxycodone, they are immediately subjected to the possibility of a very stiff prison sentence. Depending on the quantity of drugs involved, the minimum mandatory prison sentence may be very high.

Regardless, this case presents a lot of opportunity for criminal defense lawyers. First and foremost, it will be necessary to figure out who did what and who was the boss. Given the very large size of this group, there is no doubt that prosecutors will try to "flip" at least one or two minor participants against the others.

In exchange for their cooperation and testimony, prosecutors may offer reduced sentences. However, there are times where such deals are not on the table. Given the number of people involved, this ring was likely busted by someone already cooperating with the police.

Continue reading "Nine Arrested in Palm Beach for Trafficking in Oxycodone" »

Abel Martinez was shot in the stomach and then tazered by police officers from the City of Pemrboke Pines after he allegedly attacked an officer. He has been arrested and is facing charges for aggravated battery on a law enforcement officer. The Sun-Sentinel is reporting that Martinez's girlfriend called police because he was acting "crazy." It is alleged that he woke up in the morning screaming his grandmother's name. The actual facts of his mental state are still unknown.

At some point in the encounter, Martinez got into a fight with paramedics which prompted a police officer to enter the house and attempt putting him in handcuffs. Martinez fought back and the officer was only able to place one cuff on him. Using the free handcuff, Martinez attacked the officer, striking him in the head multiple times.

Apparently in an act of self-defense, the officer drew his gun and shot Martinez in the stomach. Unbelievably, this did not stop the attack and officers had to use a tazer to finally get Martinez under control.

For attacking the officer, Martinez is facing a second degree felony punishable by up to 15 years in prison.

The officer was later taken to the hospital where he received eleven staples in his head.

This entire incident is extremely unfortunate. From a criminal law perspective, there are two ways to view this case. Defense lawyers will undoubtedly analyze every detail of this case to determine if the officer's actions were reasonable.

Continue reading "Pemrboke Pines Police Shoot Man In Stomach and then Tazer Him" »

For those who haven't heard, Jeff Dilworth was released from Broward County Jail this evening when the Honorable John J. Hurley set bond in the amount of $10,000. Despite this good ruling, Dilworth is still facing a manslaughter charge for the accidental shooting of Daniel Torres in Hollywood, Florida this past April.

While the exact details of what allegedly happened in April are only known to prosecutors and police, the legal community in Fort Lauderdale is buzzing with what appears to be an entirely inappropriate filing decision by the Broward County State Attorney's Office.

According to the Sun-Sentinel, Dilworth and Torres were hanging out at Dilworth's house when Dilworth showed off his mom's 9mm handgun to Torres. Once show and tell was over, Dilworth put the gun back in his mother's night stand.

Some time thereafter, Dilworth saw Torres 1) handling the firearm, 2) remove its magazine, and 3) remove two bullets. Dilworth then took the gun from Torres. While checking to see if it was still loaded, Torres walked in front of Dilworth at the same moment when Dilworth accidentally pulled the trigger. The gun discharged and the bullet landed in Torres' head, causing his death.

There is no known evidence of malice, anger, or intent to harm or kill.

However, for some reason that is leaving the rest of the legal community puzzled, Broward prosecutors believe that this case is "more than just an accident."

If that is true, the evidence had better be compelling.

It is well established in the State of Florida that accidental shootings are not criminal.

According to the Florida Supreme Court and the 4th District Court of Appeals, the "culpable negligence" aspect of a manslaughter charge must be of "a gross and flagrant character, evincing reckless disregard of human life or of the safety of persons." In Interest of J.C.D., 598 So. 2d 304 (Fla. 4th DCA 1992), citing Preston v. State, 56 So. 2d 543, 544 (Fla. 1952)

Continue reading "Why Prosecutors Will Never Go to Trial Against Jeff Dilworth" »

It is every parent's nightmare. Your teenager is visiting a friend's house and someone pulls out a parent's loaded gun and someone gets shot by accident. This is exactly what happened to two kids in Hollywood, Florida on April 28th, 2010.

On that fateful afternoon, Daniel Torres, 13, and Jeff Dilworth, 14, were both hanging out at Dilworth's house. According the arrest warrant, Dilworth took his mother's 9mm handgun from her nightstand and showed it to Torres and then put it back.

Dilworth later told police that he saw Torres handling the firearm and took it from him. While checking to see if the gun was loaded, Dilworth accidentally pulled the trigger as Torres walked in front of him. When the gun discharged, the bullet landed in Torres' head.

A 911 tape reveals that Dilworth called for help in a panic. In that recording, he is heard screaming, "I just shot my best friend on accident! Oh my God! It was an accident! I'm sorry! Am I going to go to jail?"

For his actions that day, the Broward County State Attorney's Office has decided to charge Dilworth with manslaughter - a first degree felony. Even though Dilworth is only 14, prosecutors also charged him as an adult, thereby exposing him to the possibility of going to prison for up to 30 years.

While the details of the case are unknown at this time, it is hard to believe that there is any real likelihood of successful prosecution for such a violent felony. No jury in their right mind would convict this child for this accident. Especially since Dilworth called 911 himself!

If anything, Dilworth is a victim. He is nothing more than a 14 year old boy who acted in accordance with his level of maturity. Lets get real - 14 year old boys are fascinated by three things: girls, guns, and sports.

If any criminal charge should be filed in this case, the only person responsible should be the adult who left a loaded gun within a teenager's unsupervised reach. While the Broward State Attorney's Office totally missed the mark on Dilworth, they did get it right when they charged his mother with culpable negligence.

Dilworth is just a kid. He doesn't have an adult's maturity or the benefit of professional firearm training. By all available accounts, he didn't act with malice, with anger, or with any intent whatsoever, but to MAKE THE GUN SAFE. It is therefore wrong to hold him to an adult standard and charge him with a felony that could send him away for nearly as much time as Scott Rothstein - Fort Lauderdale's billion dollar ponzi scammer.

With all due respect, I strongly disagree with the filing decision in this case.

Dilworth and his mother should hire a local defense attorney and immediately begin preparations for trial. A jury should review this case and decide if an accident, a true accident by immature teenage boys, warrants a felony conviction and the possibility of very serious prison time.

Insofar as strategy is concerned, Dilworth should be subjected to rigorous testing to determine his maturity level and intelligence. Should prosecutors persist with these charges and should this case go to trial, Dilworth would be well served by presenting the testimony of an expert in child psychology who could explain the impulses and maturity of a 14 year old boy - as if a jury really needs to hear it anyway.

At the end of the day, this case presents nothing more than a terrible, terrible accident. Hopefully the jury who hears this case will choose to avoid making Dilworth into a second victim of yet another preventable gun death.

The Broward Sheriff's Office is looking for a suspect who they say tried to snatch a woman's purse and then ended up dragging her for 50 feet at a supermarket in Pompano Beach, Florida. No arrest has been made yet.

Luckily, ATM video surveillance caught the attacker's image while he cased the victim as she made a transaction.

There are two things to be said about the surveillance video. First, I still do not understand why criminals in the modern era continue to commit crimes in places that are known to have surveillance videos. ATM's, banks, convenience stores and the like are all heavily watched by video camera.

On the same token, many of these cameras exist strictly to scare off would-be offenders. In reality, a lot of them are broken down and if they even can record an image, that image is so grainy and distorted that it is of no value whatsoever anyway.

The video from this case is in the middle. While an image was recorded and while it clearly shows the shape, build, and clothing worn by the attacker, the video is not of sharp enough contrast to clearly show the offender's face. Maybe some video enhancement by the Sheriff's Office can fix that. However, this may create legal issues that a criminal defense lawyer may use to the suspect's advantage later on.

In all likelihood, this offender will never be caught, unless eye witnesses or the victim were able to get a license plate number or a good description of his vehicle. Even so, in order to find him, he would have had to be driving his own car or one registered to someone that knows where he is. Besides, this even assumes that the car was registered in the first place.

If anything, this case should present an opportunity for local business owners and individuals to learn a lesson about maintaining the operability of their cameras.

Convicted Ponzi schemer Scott Rothstein was sentenced to 50 years in prison just a few moments ago. U.S. District Judge James I. Cohn rendered the sentence after a lengthy hearing in Fort Lauderdale's Federal courthouse this morning.

When a Federal judge calculates an offender's prison sentence, there are always a set number of factors that she or he considers. They are:

1) The nature of the crime.
2) Victim input.
3) Defendant's character, including criminal history.
4) Prosecutor's recommendation.
5) Defense recommendation.
6) Findings and recommendations of any pre-sentence investigation.

Given the enormous magnitude of Rothstein's crime and the immeasurable harm he inflicted on his victims, there were only two likely reasons why Judge Cohn did not impose the maximum sentence of 100 years.

First, the U.S. Attorney's Office gave official recognition to Rothstein's cooperation when it recommended a sentence of 40 years. Not only did Rothstein return from being on the lam, but he pleaded guilty and cooperated with law enforcement. This cooperation wasn't minor. Rather, it included recovery of victim assets and the arrest of a major mafia figure.

Second, credit must be given when a defendant pleads guilty from the start and owns up to his actions. This is especially the case when the defendant had the opportunity to run, but chose not to.

Ultimately, this analysis calls for two considerations. First is to determine whether or not an offender deserves any mitigation. If so, the next question is obvious: how much?

In this case, Judge Cohn likely balanced the net results of Rothstein's efforts to aid the victims and nab the mafia figure against the utterly egregious nature of his offense. Ultimately, I think the question came down to whether nor not Judge Cohn was going to give Rothstein any life outside of prison as an elderly man.

At age 47, Rothstein will likely live the remainder of his natural life behind bars. In a sense, it is as if Judge Cohn let nature decide whether Rothstein will see life as a free person again. If he lives long enough, he may get the chance. If not, then too bad.

In my opinion this is a fair sentence.

While we must incentivize future offenders to cooperate, some crimes are just so bad that mitigation truly is meaningless. Even at the expense of losing future cooperation, some crimes require harsh sentences.

Sometimes, principles matter. This case is one of them. Rothstein got what he deserved.