Florida Criminal Attorney Blog

Charlie Garcia, 30, has been arrested in Miramar, Florida for alleged possession of child pornography on his computer. He was arrested on December 17, 2010 and is presently being detained in the Broward County Jail on 30 counts of possessing a photograph depicting a sexual act by a child. His bond per count is presently set at $10,000 for a total bond of $300,000.

To learn more about bond and bail, click here.

According to news reports, investigators from the Broward Sheriff's Office internet crimes task force first learned that Charlie Garcia was allegedly sharing child pornography over the internet last month. In a joint operation with the Miramar Police Department,
Broward Sheriff's Office investigators served a search warrant to inspect Garcia's computers. Investigators claim to have discovered more than 50 images of children engaged in sex acts with adults. Investigators also claim that 17 of the images depicted infants.

As a criminal lawyer, I can tell you that the very, very, very first thing that must be done on this case is get the bond reduced. According to the Broward Sheriff's Office, Charlie Garcia has been incarcerated since December 17. There is no doubt in my mind that this is due to the very high bond he is facing. At $300,000, he would have to pay a bondsman $30,000 just to bond out.

In situations like these, a criminal lawyer is able to ask the presiding judge to exercise his/her discretion to lower Garcia's bond to an amount that is affordable yet high enough to ensure his reappearance in court.

Continue reading "Charlie Garcia Arrested for Child Pornography in Miramar, Florida, PART #1" »

Reynaldo Rodriguez, 32, was arrested in Fort Lauderale, Florida for allegedly killing Jonathan Corso, also known as YNOT. For those that may recall, YNOT was killed outside Club Eden Cabaret on July 28th of this year. As you may remember, YNOT was celebrating his 21st birthday when a fight allegedly ensued in the parking lot of the club between his friends and some other people. While details of the altercation were murky for many months, Reynaldo Rodriguez is now accused of running YNOT over with a friend's Cadillac Escalade, thereby causing YNOT's death. (Photo Credit: Sun-Sentinel and the Broward Sheriff's Office)

It should be emphasized that at this point in time, Rodriguez is merely accused of this crime and is innocent until proven guilty. Even though he has been arrested, the judicial process is only just beginning.

For his actions, Reynaldo Rodriguez is presently charged with one count of Vehicular Homicide. Rodriguez surrendered himself to the Broward County Jail this week and has since been released on a $2,500 bond. To learn more about bond, click here.

According to eye witnesses, Reynaldo Rodriguez and his friends got into an altercation with YNOT and his friends, which included one of Rodriguez's friends spitting on YNOT. At some point thereafter, Reynaldo Rodriguez allegedly got behind the wheel of his friend's Cadillac Escalade and reversed the vehicle into a crowd of people. YNOT was knocked down and run over by the vehicle's rear tires. Rodriguez is then said to have put the car in drive and run over YNOT a second time.

According to police, Reynaldo Rodriguez admitted to running over YNOT when he told investigators that people had "tried to rob me so I ran him over." Clearly, this was not a moment of brilliance for Rodriguez. Based on the eye witness testimony, it seems clear that this was an altercation between a bunch of club patrons and not a robbery.

Continue reading "Reynaldo Rodriguez Arrested in Fort Lauderdale, Florida for YNOT's Death" »

Warren Day, 66, was arrested in Pembroke Pines, Florida for possession of child pornography. According to news reports, investigators from the South Florida Internet Crimes Against Children Task Force received a tip from the National Center for Missing and Exploited Children that indicated a computer user was uploading and sharing child pornography.

Warren Day has been booked into the Broward County Jail with 50 counts of possession of a photograph depicting a sexual act by a child. Since the standard bond on that type of charge is $10,000, Day's bond is presently set at $500,000.

As a criminal defense lawyer, I can tell you that the very first thing that must be done on this case is a motion to reduce bond. As bad as these charges may be, the law says that Day is entitled to a reasonable bond. When a criminal defendant faces a multi-count indictment, bond amounts become so excessive it is as if there was no bond allowed.

In situations like these, the law gives Day's judge the discretion to lower the bond to something that is affordable while still guaranteeing his presence in court. For those hardliners out there reading this and wondering how I can advocate a reduction in bond, I say you first must educate yourself and understand the purpose of bond.

Continue reading "Warren Day Arrested in Pembroke Pines, Florida for Child Pornography" »

Deputies Salisia Pascoe, Kiara Walker, and Roderick Lopez, were recently arrested in Fort Lauderdale, Florida for crimes that relate to introducing contraband into the Broward County Jail and sexual misconduct with an inmate. All have been released after posting bond. Pascoe is facing two counts of using a cell phone to facilitate a felony, one count of introducing contraband into a detention facility, and one count of sexual misconduct with an inmate.

Walker and Lopez have each been charged with introduction of a cell phone into a detention facility, and official misconduct. The contraband in question allegedly included food, batteries that double as lighters, and cell phones. After a cell phone was discovered during a routine pat-down, inmates began filing reports, claiming that the deputies exchanged the items for money or to promote sexual relationships.

It should be noted that there is no expectation of privacy in a jail or prison facility. With the exception of attorney-client privileged communications over the phone or in person, every person in a jail or prison is subject to warrantless search and seizure.

For obvious reasons, especially those mentioned in this blog article, detention deputies and prison guards need to be able to search those present in their facilities.

Continue reading "BSO Detention Deputies Introduce Contraband into Fort Lauderdale, Florida Jail" »

A marijuana grow house was discovered early this morning in West Palm Beach, Florida. Fire fighters arrived at the scene of a burning mobile home at 5:27 a.m. When the firefighters entered the mobile home looking for residents, the discovered the presence of twelve marijuana plants. Fire fighters entered the residence because neighbors believed that three people resided in the mobile home.

So far no arrests have been made, although I am sure that police investigators are doing their best to determine the identities of those who lived there, or at least frequented the mobile home.

Since growing marijuana requires electricity, the mobile was either connected to an FPL account, a fuel generator, or was stealing electricity from another source. Given my experience as a criminal defense lawyer and former prosecutor, my guess is that the fire was likely started by messed up electrical wires used to steal power from another source or from gasoline or some other flammable liquid that was used to fuel a generator.

The reason why marijuana grow house operators either steal electricity or make their own using generators, is because law enforcement investigators will look at a property's electrical bill to see if an exponentially large sum of electricity is consumed at that location.

Continue reading "Marijuana Grow House Discovered by Palm Beach Fire Fighters" »

Jeffrey Frederick, 24, was arrested after trying to rob Urgent Pain Management in Lake Worth, Florida. According to news reports, Frederick supposedly became very angry after being denied pain medication. After leaving the pain clinic, he returned with a gun and threatened the staff. This resulted in an altercation with one of the doctors during which, Frederick is said to have pointed the gun at the doctor and pulled the trigger. When the gun didn't fire, Frederick supposedly hit the doctor with the gun. At some point during the incident, Frederick demanded money. (Photo Credit: Palm Beach Sheriff's Office)

Frederick did not act alone. According to the Palm Beach Sheriff's Office, Friendley Sertile, 21, allegedly acted as a getaway driver. After robbing the Urgent Pain Management clinic, Jeffrey Frederick fled on foot to a nearby mobile home park where he met Sertile.

However, an eye witness was able to take down the license plate number from Sertile's car. This vehicle was ultimately tracked down to an apartment complex near the Palm Beach State College campus. A SWAT team was called and the two bandits were taken into custody after peacefully surrendering.

This case presents the ugly truth behind the pain clinic epidemic in our community. While it is easy to label Jeffrey Frederick as some maniac with a gun, and he sure seems to be, the truth is that he was likely acting out because he is probably addicted to the very pain pills that Urgent Pain Management refused to dispense.

As this case shows, drug offenses are not the only crimes associated with pain clinics.

Continue reading "Jeffrey Frederick Arrested in Lake Worth, Florida for Robbing Urgent Pain Management Clinic" »

Ron DiMenna, founder of Ron Jon's Surf Shop, was arrested for DUI in Merritt Island, Florida yesterday. He has been released from jail after posting a $5,500 bond. According to news reports, a concerned motorist reported a pickup truck weaving along the roadway. DiMenna was stopped while driving his pickup truck shortly thereafter. When the officer asked DiMenna to explain why he had an odor of alcoholic beverage emitting from his person, the officer claims DiMenna admitted, "I have had a couple."

DiMenna was also charged with "Refusal to Submit to Testing" for refusing to take a breath test. As a result of his refusal, DiMenna is also facing a driver license suspension and an additional misdemeanor charge if this was his second or subsequent refusal.

Before I go any further, I must emphasize that these claims are merely allegations and that Ron DiMenna is innocent until proven guilty in a court of law.

As a criminal defense lawyer and former DUI prosecutor who has litigated hundreds and hundreds of Florida DUI cases, I see two main defenses in this case.

As was mentioned above, police were called by a concerned motorist who observed a pickup truck weaving in traffic. The news is not reporting that the stopping officers made this observation themselves. That means, police may have stopped DiMenna's truck because of the report to 911 and only because of the report to 911.

Continue reading "Ron Jon's Founder Arrested for DUI in Merritt Island, Florida" »

Ana Cecilia Pazmino was arrested for child neglect in Boca Raton, Florida last week. According to news reports, a security guard allegedly found her three children locked in a Toyota minivan by themselves and without any adult supervision. It is also claimed that the van's keys were left in the ignition, the doors were locked and the sunroof was open. When the security guard asked Pazmino's 5 year old daughter where her parents were, she said mom was getting her hair cut at a salon. Pazmino's 3 year old son and 10 month old baby girl were also allegedly left in the car. (Photo Credit: Palm Beach County Sheriff's Office)

When Ana Pazmino returned to the minivan 20 minutes later, police claim she had no response when asked why she left these young children alone. It should be noted, that these are just allegations and Pazmino is innocent until proven guilty in a court of law.

Given the fact that these allegations concern three children, prosecutors may charge Pazmino with three counts of child neglect. Each charge is a third degree felony and carries a maximum penalty of 5 years in Florida State Prison. Thus, Ana Pazmino's maximum prison exposure is 15 years in Florida State Prison. In the alternative, her judge may sentence her to 5 years on probation, per count. If sentenced consecutively, Pazmino could be placed on probation for a maximum of 15 years.

In a case like this, her judge will likely consider a "split sentence." In a split sentence, a criminal defendant is sentenced to a combination of prison and probation, so long as the total time served on both does not exceed the maximum allowed by law for either.

For example, if Pazmino were sentenced to 5 years in prison, the judge could only give her a maximum of 10 years on probation.

Continue reading "Ana Cecilia Pazmino Arrested for Child Neglect in Boca Raton, Florida" »

Federal agents recently arrested 7 people for allegedly smuggling marijuana bound for Miami, Florida. These arrests began with a major bust that went down on December 11, 2010. In that bust, Federal law enforcement acted on information received concerning two boats laden with marijuana that would arrive in Miami from Bimini.

After watching the boats travel up the New River, Federal agents saw the boats dock at a particular house. A raid was executed and 90 bales of marijuana were seized from the bottom of the vessels. A search of the residence attached to the dock revealed the presence of a hydroponics lab, 15 cannabis plants, and a cooler with additional marijuana.

Three people were arrested and charged with conspiracy to import a controlled substance and conspiracy to possess and distribute a controlled substance, however the names of those arrested have not yet been released.

The fact that their names have not been released tells me that they may be cooperating with law enforcement officials by providing information or participating in future law enforcement action.

Continue reading "Feds Arrest 7 for Marijuana Smuggling Bound for Miami, Florida" »

Agents from the DEA raided Coast to Coast pain clinic in Deerfield Beach, Florida this morning. According to news reports, boxes of documents, supplies, and two motor vehicles were seized. While the DEA would not explain the reason for the raid, it is clear to me that this clinic must be the most recent target in the DEA's effort to deal with the pain clinic crisis in Florida.

So far, no arrests have been made and no suspects have been identified.

As I have mentioned numerous times on this blog, pain pill clinics are nothing short of an epidemic in our community. They have enslaved thousands and thousands of people with Oxycontin and other narcotic pain medications. Not only are countless people converting into drug addicts, but they enter the cycle of addiction that invariably lands them in jail and even prison.

It is not uncommon for people addicted to pain pills to get arrested for drug trafficking, possession with intent to distribute, or simple possession.

Continue reading "DEA Raids Coast to Coast Pain Clinic in Deerfield Beach, Florida" »

Lester Schwalm was arrested today in Boynton Beach, Florida for allegedly stealing and SUV that had a baby sitting in the back seat. According to news reports, Schwalm jumped into the SUV's driver seat while the baby's family stopped at a Shell gas station. Schwalm has also been charged with grand theft auto, fleeing and eluding, and is likely also facing a charge for driving with a revoked license. (Photo Credit: Palm Beach Sheriff's Office)

According to news reports, the family pulled their 2010 Buick SUV in to a Shell station. The mom and daughter got out of the vehicle and went inside the convenience. Dad and baby remained with the SUV. However, as soon as dad got out of the vehicle, Lester Schwalm is accused of hopping right into the driver's seat and taking off with the SUV. Upon seeing what happened, the dad is said to have chased the SUV down as he yelled for someone to call police.

Schwalm may have gotten away from the Shell station, but he didn't get far. Using a combined force of patrol cars on the ground and a PBSO helicopter in the air, the SUV was located and followed until Schwalm stopped the SUV, jumped out, and ran on foot. He was apprehended shortly thereafter.

Fortunately, the baby inside was recovered without any injury and has been reunited with his family.

According to the PBSO booking blotter, Lester Schwalm has an arrest history that includes trespassing, grand theft, and dealing in stolen property.

Continue reading "Lester Schwalm Arrested for Baby Abduction in Boynton Beach, Florida" »

Lisa Orshowitz, a Florida Highway Patrol Trooper, was arrested for DUI at the courthouse in St. Lucie, Florida. According to news reports, Orshowitz was on duty and operating her police cruiser while under the influence. Upon arriving at the St. Lucie County Courthouse, Orshowitz allegedly hit a curb, causing the tire on her patrol car to flatten.

She is then said to have used her police radio to call for a tow truck. However, fellow troopers who observed her at that time, claim she had blood shot eyes, slurred speech, and was having trouble keeping her balance. The news is also reporting that Orshowitz did not pass field sobriety tests that were conducted at the courthouse by other troopers.

According to her arrest report, Trooper Orshowitz told troopers that she took a sleeping pill around 1:00 a.m. because she had trouble sleeping.

If she is smart, Orshowitz will hire an intelligent defense lawyer who has experience litigating DUI's both as a prosecutor and as criminal defense attorney. The worst thing she could do is hire a criminal lawyer who either does not know how or is unwilling to fully investigate her case to determine if she has any viable defenses. This includes looking into possible motives by her coworkers to either exaggerate the circumstances of this case or outright lie.

Continue reading "State Trooper Arrested for DUI While on Duty in St. Lucie, Florida" »

Raymond Edwin Adderly, Jr. was murdered at his home in Miramar, Florida on Tuesday night. Adderly, also known as "Nutzo" by his fans, was an aspiring rap star and childhood friend of Rick Ross. According to news reports, Adderly was shot to death in front of his wife and young children during a home invasion robbery.

So far, no suspects have been named nor have any arrests been made.

Upon arriving home from a Christmas play, Ramond Adderly allegedly walked into his home ahead of his family when armed men approached and yelled "Give us everything!" The family was then ushered into the home where they were robbed at gun point.

Once inside, Adderly is said to have emptied his pockets and pleaded with the men not to harm his family. He was then shot and the men fled the scene.

In my experience as a criminal defense lawyer and former prosecutor, I can tell you that this is a very serious case that will not be ignored by police. First of all, this case involves a murder. Second, it involves a home invasion. Third, it is a gun crime. Short of adding drugs, this case has all the things that police love about being the police.

Continue reading "Raymond Edwin Adderly, Jr. Murdered in Miramar, Florida" »

Jamie Saffran, age 51, was arrested for murder and dismembering his friend in Fort Lauderdale, Florida this Tuesday. According to police, Saffran's arrest was the culmination of a multi-agency investigation that spanned two counties. This investigation has been ongoing for well over a month and has included multiple crime scenes. (Photo Courtesy: Broward Sheriff's Office)

Specifically, Jamie Saffran is accused of murdering the man whose decapitated torso was discovered in a Fort Lauderdale canal early last month. Some weeks later, the missing head was found in a canal behind an auto parts store. Ironically, the name of the store is "Millions of Parts." However, these "parts" were found by a store employee named Willie Hernandez while he was doing clean up work along the canal's shoreline.

As an experienced criminal lawyer, the facts of this case made me wonder if a serial killer was on the loose. This theory was based on the fact that at least two bodies and multiple, mutilated body parts were washing up all over in a short period of time.

On October 26, 2010, the remains of Doris Lopez, age 48, were discovered in a container left in her car. On November 6, 2010, a decapitated torso, a pair of sneakers, and eye glasses were discovered in a concrete laden container found floating in a Fort Lauderdale canal. According to the Broward County Medical Examiner's Office, the date of death for this torso was estimated to be as early as October 31, 2010.

Continue reading "Jamie Saffran Arrested for Murdering and Dismembering Friend in Fort Lauderdale, Florida" »