Florida Criminal Attorney Blog

Eric Rico Hall, age 23, was arrested today in Tamarac, Florida. He is accused of hitting a pedestrian with his car and fleeing the scene. It is unknown whether or not he has been before a magistrate judge or whether bond has been set in his case.

According to news reports, Hall hit an 84 year old Leudda St. Clair as she exited a bus and tried to walk across Commercial Boulevard. According to detectives, St. Clair failed to cross the street at a designated crossing area. She is now receiving medical treatment at Broward General Hospital for life threatening injuries.

While this case is very tragic, it is clear that the victim contributed to the causation of the accident. However, hitting the woman is not the part of this case that makes it criminal. Hall is facing criminal liability for fleeing the scene.

Had he simply remained on scene, he would not have been arrested. Now that he is facing criminal charges, Hall would benefit from hiring a criminal defense lawyer who is familiar with accident reconstruction and forensic evidence.

However, it is not uncommon for people to panic or otherwise freak out in such circumstances. BSO detectives also claim that Hall was very cooperative with them and had a valid driver's license and vehicle registration.

Continue reading "Eric Rico Hall Arrested for Hit and Run in Tamarac, Florida" »

Yet another shooting has gone done at a night club here in Fort Lauderdale, Florida. The details of the shooting are presently unknown, but five people were shot after a fight ensued late Thursday night.

So far no arrests have been made.

The injuries of the five victims range in severity from minor to critical. One man is said to have gone home and collapsed in his shower, prompting him to seek treatment at a local emergency room.

Luckily no one has died, as of yet. Regardless, odds are this case will result in prosecutions for those involved. Charges may range from attempted murder, aggravated battery with a deadly weapon, or even first degree murder, if someone dies from their injuries. Because guns were used, those people who are charged will surely be subjected to the very stringent 10-20-LIFE laws.

Therefore, it would be a good idea for anyone involved in this shooting to contact a criminal defense attorney immediately. At the very least, knowing your options and having someone to speak on your behalf could make a big difference.

Continue reading "Five People Shot at Night club in Fort Lauderdale, Florida" »

Marisol Ramon is a 40 year old woman who was last seen on May 26. However, decomposed human remains that were found off U.S. 27 in Broward County, Florida have been identified as belonging to her.

Marisol was last seen driving her 2010 Toyota Yaris near Miami Lakes, but was not seen or heard from since. Investigators have yet to determine what exactly happened to Marisol, but foul play is certainly expected.

While details of her death have not yet been made public, at least her family, friends, and loved ones will be able to have some closure.

More updates will follow as this case develops...

Raquel Wright, a 36 year old school teacher at Oslo Middle School in Indian River County, Florida was arrested this week for Trafficking in Oxycodone. Given her status as a school teacher, it is presumed that she does not have any prior criminal history.

While her case is pending, a judge ordered that Wright be released on a $150,000 bond. Before posting this bond, Wright should have retained a lawyer to file a motion to reduce bond. On a school teacher' salary, a $150,000 bond may be a bit excessive, even though the crime alleged is a serious felony.

However, bond is not Wright's main problem. As a criminal defense attorney, I think Wright's case presents a number of interesting questions whose answers may help her case. First, how did the police come to get involved with her? According to news reports, cops set up a sting operation after Wright agreed to sell them pills over the phone.

Was she snitched on by a confidential informant? Did the police violate the law when they investigated her? If a snitch was used, was that person cooperating with police to save themselves from their own case? Did police entrap Wright?

Once she was arrested, did Wright give a statement to police? If so, did they advise her of her right to remain silent and her right to an attorney before questioning? If not, any and all statements made by Wright may be thrown out by a judge.

Continue reading "Raquel Wright Arrested for Trafficking in Oxycodone in Indian River County, Florida" »

Investigators from the Tampa Police Department executed a search warrant on First Medical Group in Tampa, Florida. First Medical is a pain clinic that allegedly dispensed prescription medication without a license and engaged in money laundering. Police investigators are currently in the process of reviewing medical records, taking witness statements, and analyzing any evidence of wrong-doing that they may have seized during their raid.

While no arrests have been made, police do claim that some are in the works. Given the severity of the offenses, bond may be set very high simply as a consequence of the number of charges filed.

If this is the case, those arrested would benefit greatly by hiring an attorney to file a motion for bond reduction. While there is no guarantee as to outcomes, most motions to reduce bond are successful.

When a judge sets bond, he or she will consider a number of important factors. These include the nature of the charges, the possibility that the defendant may flee if released, and the possibility that the defendant poses a danger to the community.

Since a search warrant has already been executed, I can tell you that the next step in this case will include arrests. Therefore, those involved would be best served by immediately hiring defense lawyers to help guide them through the process and act as their representative.

If police haven't done so already, they will also be seeking statements, aka "confessions," from the pain clinic's employees, owners, and any other persons involved that they may be trying to build a case against. This will certainly include any companies and individuals who may have unlawfully or negligently supplied First Medical with prescription medication.

Continue reading "First Medical Group Pain Clinic Raided by Police in Tampa, Florida" »

Gary Morano, a 65 year old Boy Scout volunteer, was arrested Tuesday morning for allegedly possessing 75 images of child pornography. The images are said to depict children between 6 and 10 years of age.

Bond has been set in the amount of $750,000 or $10,000 per count. However, Morano might be eligible for a bond reduction.

My law firm handles bond reduction hearings all the time. When bond is set, a magistrate judge will usually set a standard bond and determine only if probable cause exists to support the arrest.

However, when my firm is hired by people who remain incarcerated due to excessive bonds, we are often times able to present evidence that supports a reduction to a much more affordable amount. In fact, it is very common for bond amounts in the hundreds of thousands of dollars to be reduced to the tens of thousands of dollars.

In Morano's case, while the charges are very serious, a bond in the amount of $30,000-$50,000 may be reasonable , depending on the nature of the images.

When a judge is presented with a motion to reduce bond, he or she will want to know if the defendant poses any unique flight risk, is a danger to the community, and how serious the defendant's case is.

To make this determination, a judge will look at the facts of the case, the defendant's criminal history, and determine if the defendant has any ties to the community.

Continue reading "Gary Morano Arrested for Child Pornography Charges in Davie, Florida" »

Avion Lawson, 14, and Nathan Walker, 16, have been arrested in West Palm Beach, Florida for their alleged participation in one of the most heinous home invasion sex crimes to hit Palm Beach County in recent times.

According to news reports, Lawson and Walker were part of a group of ten teenage attackers who tricked their way into a Dunbar Village home by sending a young man to the victim's door claiming that his car had a flat tire. Once the the victim opened the door, three masked teens entered the house and pushed the victim and her 12 year old son back inside the home.

Once inside, the mom and son were separated in different rooms. The ten teenagers then brutally beat the mom and gang raped her. They also poured household chemicals into the son's eyes and then forced him to participate in his mother's gang rape.

After more than 20 minutes of this hell, the attackers fled the home and the victims traveled over a mile on foot to a local hospital.

Lawson was arrested last Tuesday after police matched his DNA to a condom found in the victim's home. Walker was arrested Thursday when a palm print found in the home matched his palm.

Both teens have been charged as adults.

There is absolutely no doubt that Lawson and Walker need to hire the most effective defense attorney their parents can find. This crime is so heinous and severe that all involved are facing major prison sentences. In fact, I would not be surprised if a judge sentenced then entire group to thirty years in prison each.

Unless of course there are facts about this case that make its reality substantially different than its appearance.

Regardless, the way to defend a person accused of such a terrible and awful crime is to figure out who among the ten attackers was a primary actor and who was a secondary actor. For example, did all ten boys participate in the actual rape and beating or did most of them only act as bystanders/observers? When crimes are committed by groups, there is usually a ring leader, a secondary leader, and a bunch of witless followers.

Before I delve into what this means here, let me clear one thing up... I am not at all stating that any one attacker is less guilty than the others because he merely acted as a bystander or an observer. When offenders commit a crime in concert, the law treats guilt as an "all for one, one for all" type of deal (just like a getaway car driver in a bank robbery).

Continue reading "Two Teenagers Arrested for Gang Rape and Torture in West Palm Beach, Florida" »

On Thursday afternoon, Sandeep Munshi was sentenced to life in prison by the Honorable Jeffery R. Levenson in Fort Lauderdale, Florida. For those who may not recall, Munshi was a music teacher who was recently convicted of numerous sex crimes for molesting one his students.

During trial, the victim, now 14, testified that Munshi forced her to perform oral sex on him. She also claimed that Munshi masturbated in front of her.

The word amongst defense lawyers was that this case was a loser from the start. Prosecutors were said to have photographs of Munshi's semen on the classroom wall and a controlled call where Munshi supposedly made incriminating statements to the victim's parent.

Prior to trial, Munshi rejected a plea bargain that would have sent him to prison for only 15 years.

At this point, Munshi's only hope is to file a successful appeal. Candidly, the success of his appeal will defend on two factors. First, did the trial court make any errors that either denied Munshi a fundamental Constitutional right or that were so harmful that Munshi was denied a fair trial whose result is reliable?

Continue reading "Sandeep Munshi Sentenced to Life in Prison by Fort Lauderdale Judge" »

Willie Gene Tumblin, 43, was arrested for allegedly shooting a 14 year old teenager in Sunrise, Florida. Tumblin is being held without bond and is facing charges for attempted first degree murder.

The teenager, Victor Ogiste, is being treated at Broward General Medical Center and is listed in serious condition.

According to news reports, Tumblin tried to break up a fight that ensured after a group of teenagers had gathered in the neighborhood. Tumblin was supposedly punched and left the scene. About thirty minutes later, Tumblin returned, this time armed with a gun.

Ogiste was supposedly shot in the back as he tried to run away. Luckily for both Ogiste and Tumblin, the wound has not yet proven fatal.

Candidly, Tumblin's defense lawyer is going to have an uphill battle. Based on the facts that are reported in the media, there are two clear aggravating circumstances.

First, Tumblin left the scene and came back with a gun. This shows premeditation. Second, he is said to have shot Ogiste in the back as he fled. Both of these facts make a self-defense strategy hard to prove.

However, before any conclusions may be drawn, a number of very important questions must be answered.

Continue reading "Defense Analysis: Willie Gene Tumblin Shooting Case in Sunrise, Florida" »

Juan Carlos Atenco-Camacho, 24, was arrested for murder in Boca Raton, Florida. Since murder is a capital felony, Camacho is presently being held without bond.

The victim, Naum Mendez, 34, was a cross-dresser from Mexico. According to news reports, Mendez went missing in 2008 and was last seen wearing a red dress and a blonde wig. Mendez is said to have worked as a dancer at a club in Greenacres, where he went by the stage name "Gaviota."

After the case was reopened this past April, detectives were able to poke holes in Camacho's story using cell phone GPS data and phone records. When he was confronted by investigators with this information, Camacho is said to have confessed.

According to news reports, Camacho admitted to having sex with Mendez one time, but denied being gay. He also said that he stabbed Mendez after Mendez attacked him during a fight. Camacho then led police to an area off the Bee-Line Expressway where he claims to have dumped the body, although no remains were found.

From a defense lawyer's perspective, this case may prove very defensible. First and foremost, if the police did not properly advise Camacho of his rights - in a language he understands - then all evidence obtained thereafter will be thrown out. This rule is especially applicable in this case because Camacho was interviewed at the Palm Beach County Jail where he was detained for another unrelated offense.

Second, without a body or another witness, it sounds like prosecutors will have a tough time proving that Camacho did not act in self-defense. To determine how strong or weak the prosecutor's case may be, it will be necessary to review the details of Camacho's statement.

Continue reading "Juan Carlos Atenco-Camacho Arrested for Boca Raton Murder" »

Carl Dolan and Brian Fuller, both 39, were arrested in Port Saint Lucie, Florida early Monday morning. Both are accused of committing an unlawful sex act on a 17 year old boy. Both men were also booked with contributing to the delinquency of a minor.

These charges are very serious and both men are facing serious prison time. For that reason, both need to retain defense lawyers who have experience with defending and prosecuting sex offenses.

The men are accused of taking the boy on three trips to Orlando. During one trip, the boy was allegedly given three rum drinks and Fuller is said to have performed a sex act on the boy. The nature of the act has not been specified in news media.

Two to three weeks later, it is also alleged that the boy was at the men's home drinking rum drinks when the two men engaged in a sex act with the boy for approximately five minutes. Dolan was also accused of touching the boy inappropriately on other occasions.

According to new reports, police booked the men under a sexual battery charge that alleges a familial or custodial relationship. This allegation is important because it serves to enhance the charge. In fact, this charge is usually reserved for parents, family members, school teachers, or other caretakers.

However, in this case, it seems as though the charge may be inappropriate. While the nature of the boy's relationship to the men is unknown, news reports did not mention any familial relationship. At the same time, it is unclear why the boy would be traveling with these men to Orlando.

Dolan and Fuller's defense lawyers will need to answer these and other questions before a strategy may be devised.

Continue reading "Carl Dolan and Brian Fuller Arrested on Sexual Battery Charges in Port Saint Lucie" »

Eberd Cesar, 52, was arrested in Boynton Beach, Florida this Monday, after allegations arose that he had inappropriately touched a 9 year old. According to reports, Cesar admitted to touching his girlfriend's grand-daughter while watching television.

As a result, Cesar is facing charges for Lewd and Lascivious Molestation on a minor under 12 years of age. Since the victim was under 12 years of age, Cesar is facing life in prison. As such, he is not entitled to automatic bond, but instead will have to ask the courts for an Arthur Hearing.

In an Arthur Hearing, the judge will determine if the State has presented enough evidence to support a finding that proof of guilt is evident and the presumption of guilt is great. Obviously, each case is different, but if this burden is met, the judge has the discretion to set bond or deny bond.

Having litigated many Arthur Hearings in my career, I can tell you that the judge will certainly want to know if Cesar has any prior criminal history and whether or not this molestation was a one-time event or was part of an on-going problem. The judge will also consider Cesar's ties to the community and any history for failing to appear in court.

Continue reading "Eberd Cesar Arrested for Child Molestation in Boytnon Beach, Florida" »