Florida Criminal Attorney Blog

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" »

Earlier today, members of the Broward Sheriff's Office, including K-9 units, arrested Dawson Johnson, 31, in North Lauderdale, Florida, for the alleged murder of his 79 year old neighbor, Samuel McWhorter. According to McWhorter's family, Johnson has been known to them since he was a baby. In fact, McWhorter's granddaughter, Shanile Quince-Wyche, said that she was friends with Johnson's sisters and even changed his diapers as a baby. It is unknown whether or not Johnson has retained a criminal defense lawyer at this time.

While a motive for the alleged murder is presently unknown, McWhorter was supposedly found dead in a bloody crime scene located at his home. According to one of McWhorter's daughters, Lenora McWhorter, the crime scene was "really brutal." She also said, "Things have not come to light yet, but they will, and you're going to be even more upset when you hear the rest of it."

Because Johnson has been arrested for a life felony, he does not have an automatic right to bond. In cases like these, a motion must be made to a judge requesting a special hearing called an "Arthur Hearing." During these hearings, a judge will examine evidence presented by the prosecution to determine if there are grounds to set a bond.

Continue reading "North Lauderdale Man Arrested by BSO for Murder of Elderly Neighbor" »