Florida Criminal Attorney Blog

Manuel Velasco died in a crash with James Choaffner in Palm Beach, Florida, early this morning. James Choaffner was airlifted to a hospital and is listed in critical condition. The car accident happened around 5:00 a.m. this morning and it still under investigation.

According to news reports, Manuel Velasco was driving his Chevrolet van northbound on Haverhill Road when a collision occurred with James Choaffner's Lincoln. It is being reported that James Choaffner's car was traveling eastbound on Forest Hill Blvd.

For those who are not familiar with this area, this is a major intersection. Both streets have two lanes of traffic that travel in each direction for a total of four lanes each. Forest Hill Blvd is an East/West road and Haverhill Road is a North/South road. Each has its own designated turning lanes that add an additional element of chaos.

Manuel Velasco, 62, has been employed as a parking service aid at the Palm Beach International Airport since 2004. The occupation of James Choaffner, 26, is unknown at this time.

Clearly, this case is extremely tragic for both sides. Sometimes accidents like these occur when one driver does something careless, albeit unintentional. In other cases, DUI is a cause. Since this case is still under investigation, no conclusions can be made just yet about who is responsible.

Continue reading "Manuel Velasco Killed in Crash w/ James Choaffner in Palm Beach, Florida" »

Manuel Velasco was killed in an early morning traffic crash with James Choaffner in Palm Beach, Florida. Choaffner was airlifted to the hospital and is listed in critical condition. This car accident is still under investigation and few facts are presently known about what happened or which party caused the accident.

According to news reports, the Palm Beach County Sheriff's Office claims that James Choaffner, 26, was traveling eastbound on Forest Hill Blvd and the Manuel Velscao, 62, was traveling northbound on Haverhill Road. While it seems like the media reports are claiming that Velasco's Chevrolet van collided with Choaffner's Lincoln, it is still unclear which driver was responsible for the accident.

As a criminal lawyer who routinely deals with car accident cases, I wonder if this accident was caused by an impaired driver, since it occurred around 5:00 a.m. Sunday morning. Before I entered private practice, I served as a supervisor in the Broward County State Attorney's Office DUI unit. My job included prosecuting high profile DUI cases as well as training/supervising new DUI prosecutors.

After litigating hundreds and hundreds of DUI cases, it became clear that early Sunday morning is a ripe time for impaired drivers to be on the road. After spending Saturday night drinking and/or using drugs, many party-goers wind their way home between 1:00am and 6:00am Sunday morning.

This is a recipe for disaster because the level of their impairment can be peaking at the precise time when their alertness is most diminished due to the early morning hour. The combination of peak impairment with maximum sleepiness is the worst of all combinations.

Continue reading "One Person Dead in Forest Hill Blvd Crash in West Palm Beach, Florida" »

A plastic container stuffed with body parts was found in Miami, Florida late yesterday afternoon. The container was discovered by two fishermen fishing in a canal. This is the third such discovery in the South Florida metro area since late October.

Does South Florida have a new serial killer on its hands?

As a criminal defense lawyer, I think this is a very real question that police need to start considering. Not to make corny references to Showtime's hit series "Dexter," which I love by the way, but it seems like a new body is washing up every few weeks around here!

The first discovery was made in Deerfield Beach, Florida on October 26 when the decomposing remains of Doris Lopez, 48, were found stuffed in a container left in her car.

The second discovery was made in Fort Lauderdale, Florida on November 6 when a concrete laden container was found floating in a canal behind a residential area. When a homeowner secured the container for removal, a look inside revealed the existence of mutilated, decapitated white male.

The third discovery was made a few weeks later, on November 15, when a human skull was found in a container lodged on the banks of a Dania Beach, Florida canal. Subsequent DNA analysis has shown that this head belonged to the decapitated body found on November 6.

Now we have a third gruesome discovery.

Continue reading "Body Parts Found in Container in Miami, Florida, Yet Again!" »

A man's arm was severed at a bus stop located at 1100 North Federal Highway in Fort Lauderdale, Florida around lunch time today. According to Matt Little, the spokesman for the Fort Lauderdale Fire Rescue, the man's arm was severed after a vehicle collided with the bus bench he was sitting on. This story is just beginning to unfold and the details are not yet publicly known.

The man's name has not been published nor has the name of the driver of the vehicle who hit him. So far, there is no indication as to whether or not this case may involve a DUI or some other criminal offense. No arrests have been made thus far.

Regardless, the victim in this case should immediately hire an attorney to represent his interests. He may be entitled to extensive monetary compensation and building a strong case starts now.

First, this man must focus his energy on getting medical attention for his injury. Since his arm was severed, he may need to have multiple surgeries to repair his wound and minimize any pain or damage to his bones or nerves.

Once he is able to think clearly, this man or his family should hire the most intelligent lawyer they can find. To get the best results possible, I think the ideal lawyer for this case would have ample courtroom experience, be extremely familiar with police investigations of car accidents, as well as have a solid professional understanding of how injuries and liability translate into a winnable case for court.

As this man recovers from losing his arm, his lawyer must begin work on the case immediately. There is absolutely no time to waste.

Continue reading "Man's Arm Severed at Bus Stop in Fort Lauderdale, Florida" »

Jared Jones, a hit and run victim from the University of Miami, died in Coral Gables, Florida early this morning. For those who may not have heard, Jared Jones sustained severe head injuries from a hit and run accident on November 13 that left him in a coma until he died early this morning. Eye witnesses claim that Jared was crossing the intersection of Red Road and Blue Road when he was struck by a car. The driver, however, did not remain on scene or render aid to Jared.

So far, this hit and run driver has not been identified and no arrests have been made.

As a fellow Hurricane, I am urging anyone with information about this case to contact the Coral Gables Police Department or Miami-Dade Crime Stoppers at 305-471-TIPS. The Coral Gables Police Department can be reached at: 305-442-1600.

My job as a criminal lawyer gives me a perspective on this case that is different from other attorneys. Given my line of work, I routinely deal with police investigators, especially when it comes to traffic criminal offenses, such as hit and run cases.

Clearly, for Jared's family, the most important thing right now is to catch the driver who is responsible for this terrible accident. This is not an easy task and is one that is unfortunately blundered by some police investigators.

Continue reading "Hit and Run Victim Jared Paul Jones Dies in Coral Gables, Florida" »

Joshua Cooper was arrested last week for unlicensed telemarketing in Boca Raton, Florida. His arrest, while very controversial, has sent ripples through the telemarketing industry here in Florida. Many telemarketing companies and their employees are now worried that they too may be arrested and subjected to criminal prosecution for acts that are thought to be perfectly legal.

While the Florida Telemarketing Act makes unlicensed telemarketing illegal, there are a number of exceptions to this rule and in some cases, I think they Act may not even apply at all.

Given this reality and the fact that licensing enforcement is on the rise, it would be a good idea for telemarketing companies throughout Florida to obtain legal counsel to determine if they are compliant with all licensing statutes.

This blog entry will be the first of a multi-part series intended to be a general discussion of a telemarketer's potential for criminal liability under the Florida Telemarketing Act. The series will also address some of the inherent limitations of the Act and some of the licensing exceptions that may apply.

As a criminal defense lawyer, I am very intrigued by these cases because the Florida Telemarketing Act is easily misinterpreted by over-zealous law enforcement. Remember, law enforcement exists to make arrests and build cases. In a budgetary environment like the present one, it is no surprise that the State of Florida is increasing its licensing enforcement practices, since these prosecutions are routinely accompanied by civil penalties which can include heavy fines.

Continue reading "Fighting False Arrest for Unlicensed Telemarketing in Florida (Part 1)" »

Robert Barbosa was arrested for marijuana related offenses in Greenacres, Florida on Monday. Specifically, Barbosa's marijuana arrest was for cultivation of marijuana and possession of drug paraphernalia. It is presently unknown whether or not he has been released on bond.

Based on what is reported in the news, I suspect that Barbosa may be able to get his entire case dropped.

According to news reports, police were called to Barbosa's home when "someone reported the garage door suspiciously open." Upon approaching the residence, police claim to have smelled marijuana. At some point thereafter, police obtained a search warrant and discovered the presence of 66 marijuana plants in various stages of growth. Barbosa's marijuana arrest followed thereafter.

This case presents some interesting issues regarding police search and seizure and I think someone in Robert Barbosa's position would be best served by hiring a criminal defense attorney as soon as possible.

Of course, before any concrete conclusions may be drawn, all the facts of Mr. Barbosa's case must be known and analyzed. At the present time, only limited information is available. Whether or not Barbosa's marijuana arrest was justified or not, will be determined based on the specific facts of the case.

However, based on what has been reported in the news, it seems like Robert Barbosa's entire case will come down to the validity of the search warrant and whether or not he was the sole occupant of the home.

To properly defend Barbosa, his defense lawyer will need to learn more about the "suspiciously open garage door."

First of all, did the caller identify him or herself to police or was the call made anonyously?

Second, what exactly did the caller actually report? Did he/she frantically call to 9-1-1 or was the police department's non-emergency number used? Did the caller report how long the door was open? Overnight? All day? A few hours?

Continue reading "Robert Barbosa Arrested for Growing Marijuana in Greenacres, Florida" »

A human skull was found yesterday morning in Dania Beach, Florida. Incredibly, this is the third time body parts have been found in South Florida in the past three weeks. More and more, our community is starting to look like scenes from Showtime's crime series Dexter!

The first gruesome discovery was made in Delray Beach on October 26 when Doris Lopez's remains were found in a cardboard container left inside her vehicle.

The second discovery was made on November 6 when a container was found floating in a canal behind a waterfront home in Fort Lauderdale . A forensic inspection of the container by the Broward County Medical Examiner's Office revealed the presence of mutilated body parts, a show, a pair of eyeglasses and concrete. The Broward Medical Examiner's Office claims that the time of death may have been as early as Halloween (October 31).

Now a third discovery has been made. This time it is a human skull. So far, no arrests have been made.

This skull was found late Sunday morning in Dania Beach by Willie Hernandez who is an employee at an auto parts store called Millions of Parts. Hernandez made the discovery near an area of the company's junkyard where he and co-workers eat lunch.

"I had seen a bunch of plastic and a white bucket at the edge of the rocks, lying flat down," he said. "I saw blood coming out and I thought maybe it was bait, from people who fish there. The head was inside the bucket. The hair was surrounded by concrete."

The presence of concrete makes this discovery sound eerily similar to the container found on November 6.

Who does this skull belong to? Is it linked in any way to the prior cases?

Does Broward County have a new serial killer on its hands? Are these cases linked in some way to drug trafficking or domestic violence?

Continue reading "Human Skull Found in Dania Beach, Florida" »

Joshua Cooper, 31, owner and operator of Nationwide Publishing Group, was arrested Wednesday for unlicensed telemarketing in Boca Raton, Florida. While he is facing a third degree felony for this offense, I think the charges may prove to be completely bogus.

(Photo credit: golfnstyle.com)

Police also arrested: Philip Barone, 51; Kirstin Perri Bryan, 21; Emily Victoria Combe, 21; Matthew Dunn, 36; Kelly Scott Hettema, 21; Bennett Charles Kulback, 28; William Emil Lepido, 43; David Madrid, 22; Edwin Martoral, 42; Kristin Lynn Napolitano, 24; Joseph Anthony Pietragallo, 26; Daniel Rattelade, 27; and Matthew Carlisle Sigman, 32.

So far there have been no reports as to whether or not Joshua Cooper or the others arrested have been released on bond.

On the surface, this case makes perfect sense. It goes something like this:

Nationwide Publishing Group and Joshua Cooper hire a bunch of people, no one has a telemarketing license, including Cooper or Nationwide Publishing, and together they try to sell advertising in Golf'n Style Magazine to purchasers over the phone. Unlicensed telemarketing = third degree felony. Everyone gets arrested, case closed.

As a criminal defense attorney, I can tell you things are never that simple. In fact, I think Josh Cooper and the others may have three winnable defenses against charges of unlicensed telemarketing. Of course, I say this with the caveat that much more information about the facts of this case must be known before any concrete conclusions can be made or a realistic legal analysis can be completed.

Allow me...

Continue reading "14 Arrested for Unlicensed Telemarketing in Boca Raton, Florida" »

Yesterday, approximately 230,000 students and thousands of teachers and other school personnel were placed on a county-wide lockdown of every public school located in Broward County, Florida. This lockdown was initiated after an unidentified woman called a local radio station to say her husband was going to a school in Pembroke Pines, Florida where he would start shooting. After the caller's statements were reported to police, the radio station sifted through its emails and found an email received yesterday that stated "something big was going to happen" involving Broward government buildings.

Living in a post-Columbine/post-911 environment, the Broward School Board went on red alert and locked-down every public school in the county as of 11:00 am yesterday morning. This was no minor feat, given the fact that the Broward County School Board oversees the sixth largest school district in the country (if I am not mistaken, Miami has the fourth largest school district).

This blog entry will be a multi-part series that addresses a number of issues relating to electronic evidence.

However, before I go any further, I want to commend the School Board for assessing this threat and initiating a proactive response in a relatively timely manner. With over 230,000 students to protect, the School Board handled the matter professionally. Panic did not ensue, parents did not make a mass-Exdous from work to schools, and it was obvious that the School Board worked cohesively with local law enforcement and the media.

While I wonder why it took two hours and ten minutes to issue a county-wide lockdown following the woman's 8:50 a.m. call to the radio station, I still think Superintendent Notter and his staff should get credit for handling the situation well.

Continue reading "Pt. 1: Electronic Evidece and the Lockdown of Broward County Schools" »

All Broward County Public Schools have been placed on lock-down according to news reports. School Board headquarters is located in downtown Fort Lauderdale, Florida. James Notter, the Superintendent of Schools, says schools were placed on lock-down after the Pembroke Pines Police Department received a threat to schools in its city. It is also alleged that police received an email that claimed "something was going to happen" around government buildings in Broward County.

Whether or not these threats contained any specific language is presently not known to the public. Police also claim that the threat has not been confirmed.

According to news reports, the lock-downs began around 8:45 this morning and have effected all 230,000 students. While in lock-down, it is impossible for anyone to enter or exit a school.

Superintendent Notter has said that parents should know their children are safe and not go to the school to pick up students.

This case presents a classic example where forensic electronic evidence plays a critical role in identifying a suspect. Clearly the brainiac who sent the threatening email in question, did not realize how easy it is for law enforcement to track the email back to him or her. In situations like these, police are able to get immediate responses from internet service providers and email host companies, such as aol, gmail, and hotmail, especially when the threat is imminent, when it concerns public schools, and when the lives of 230,000 children have been placed in danger.

The person who made these threats is undoubtedly a moron.

I hope the police catch this person as soon as possible and hold him/her accountable for what he/she has done. If this person is lucky, maybe he/she will be able to prove an insanity defense. Clearly, no other excuse would be viable.

According to the Sun-Sentinel, the Fort Lauderdale Police Department is investigating a new homicide after a homeowner discovered a container filled with cement and body parts floating in the canal behind his home in Fort Lauderdale, Florida. So far no suspects have been publicly named and no arrests have been made.

(Photo Credit: Sun-Sentinel, Michael Francis McElroy, Sun Sentinel / November 9, 2010)

The man who made the gruesome discovery says he found the container floating behind his home last Friday. When he first discovered it, the homeowner tied the container to his dock with the intention of removing it from the water and discarding it later on.

When he took a look inside the container the next day, the homeowner saw a sneaker protruding from concrete and decided to call police.

At first, the presence of body parts in the container and concrete was not obvious, but in an abundance of caution, police investigators had the container inspected by the Broward Medical Examiner's Office.

During this inspection, medical examiners chipped away at the concrete and discovered the presence of chopped up body parts. To preserve their ability to question potential suspects, police are not revealing which body parts were found, how they were cut, or the description of the container.

Continue reading "Dismembered Body Found in Container Floating Behind Fort Lauderdale Home" »

Gary McKenzie, age 44, was found dead in is home located in Miramar, Florida. While police have not yet disclosed McKenzie's cause of death, investigators have declared it to be a homicide. So far, no arrests have been made.

According to news reports, McKenzie seemed to be a very well liked man, especially by neighbors and people who knew him in business. It is reported that McKenzie was a very hard working and successful barber who worked out of a location at the Flea Market on N.W. 183rd Street in Miami Gardens. He is also said to have serviced clients in his garage in the evenings.

The news reports made a lot of mention of Mr. McKenzie's success. They said his home is located in Huron Way, was decked out with the latest televisions and stereo systems, and that he had a late model Mercedes S600.

It has also been mentioned that McKenzie started carrying a handgun after he had been robbed in his home some years ago.

Obviously a case like this presents a number of interesting questions for investigators. Based on my experience as a criminal lawyer, I can tell you that two things likely come to their minds. First, is that Mr. McKenzie's success attracted the wrong attention.

Melvin Conyers, a neighbor of Mr. McKenzie, told the news media that he had warned McKenzie about letting certain people into his house. Apparantly, McKenzie was known for being extremely friendly and very trustworthy.

Conyers told news reporters that McKenzie was known for saying "Much love, Mon!" to everyone.

Continue reading "Gary McKenzie Murdered at His Home in Miramar, Florida" »

The Broward Sheriff's Office released the name of the man that was shot by deputies yesterday afternoon in Davie, Florida. His name is Hugh Barrington Smith, age 37, and he supposedly has a lengthy criminal history that includes violent crime. According to BSO, Smith was under investigation by a police task force that included investigators from BSO, Fort Lauderdale Police Department, and the Miramar Police Department.

BSO is also claiming that aside from the stash of drugs found in Smith's car, $46,000 in cash was also found.

While the nature of this task force investigation has not yet been made public and many details are still unknown, it is clear that this case was likely a narcotics investigation.

In a preliminary police report released to the news media, BSO claims that Smith was confrontational with police after being pulled over in the Georgia Pig BBQ restaurant. BSO claims that police first used "non-lethal means" to bring him under control. In fact, a used Taser is one of the items that was collected as evidence.

BSO also claims that Hugh Smith's violence escalated and he "started ramming patrol cars" with his own vehicle.

Continue reading "UPDATE: Hugh Barrington Smith is Man Shot by BSO in Davie, Florida " »

According to news reports, a deputy from the Broward Sheriff's Office shot a suspect yesterday afternoon in the parking lot of the Georgia Pig BBQ Restaurant located in Davie, Florida. The shooting allegedly occurred around 3:30 p.m.

According to BSO's spokesman, Jim Leljedal, a traffic stop was made of the suspect's vehicle "related to an investigation," although the details of that investigation have still not been made public. Since BSO claims a large amount of narcotics were ultimately found in the suspect's car, this was most likely a narcotics investigation. It is not yet known when the narcotics were found... whether before or after the shooting.

While I suspect that the deputies in question were in plain clothes and driving unmarked vehicles, these details are still not publicly known or verified.

According to Leljedal, there was a confrontation and shots were fired, although it is presently unknown who shot first.

Another BSO spokesman, Mike Jachles, stated "Things got very violent very fast. The suspect resisted arrest. There was a Taser deployed." It is alleged that the suspect ultimately rammed several police vehicles as he or she tried to escape the parking lot.

My guess is that this was an undercover buy/bust operation that went bad.

After fleeing the scene, the suspect allegedly traveled west on Davie Road, ultimately crashing his/her vehicle into a tree. It is unknown whether or not the suspect died from the shooting, the crash, or a combination of the two.

The cause of the crash is also unknown. Did the suspect lose control of the vehicle because he/she was driving recklessly? Or, did the injuries the suspect sustained from the shooting cause him/her to lose control?

While all the facts are still not known and it is unclear whether this shooting is justified or not, this case is already beginning to sound like a textbook explanation of a police shooting.

Continue reading "BSO Deputy Shoots Suspect in Davie, Florida Parking Lot" »

In yet another example of the reckless, maniacal driving that exists on our roadways, local news media is reporting that a woman was killed in Fort Lauderdale, Florida during a hit-and-run that allegedly occurred around 3:30 this morning. According to the news, the victim was hit by an unknown first vehicle that failed to pull over and was then hit by a tractor-trailer. Unlike the driver of the first car, the driver of the tractor-trailer is reported to have pulled over.

Cases like these are hard to solve for law enforcement, especially since the primary witness has been killed.

While the challenges presented here may be great, many tough cases like this one have been cracked by thorough investigative work. For instance, there are two possible sources of information that may help investigators crack this case.

The first is the driver of the tractor-trailer. This is obvious. If he saw what happened, he may be able to provide police with a vehicle description and if they are really lucky, a license plate number. Even a partial plate identification would be helpful.

Second, police may consider pulling the surveillance cameras from nearby toll plazas. As we all know, SunPass toll plazas are equipped with surveillance cameras to ticket drivers who fail to pay tolls. Since the accident occurred on westbound I-595, there is a chance that the driver who first hit the woman fled onto westbound I-75. In the alternative, he or she may have fled south on the I-75, ultimately hitting tolls on the Gratigny Express or the Turnpike. While I am familiar with these areas, I do not recall with specificity where else there may be toll plazas.

However, even if police investigators do take the time to pull these videos and the vehicle in question is actually recorded on one of them, identifying that vehicle may still prove difficult since the cameras likely only record the rear portion of autos that pass through the toll plazas.

Unless front-end damage, shattered windshields, or other visible signs of damage consistent with this accident can be seen, the videos may prove worthless.

Since this case presents more questions than it does answers, I would be very interested in representing the family of the victim. The victim's family deserves answers and they should hire an attorney or law firm with experience in police investigations, forensic evidence, accident reconstruction, and electronic evidence (surveillance videos).

Continue reading "Woman Killed by Hit and Run Driver In Fort Lauderdale, Florida" »