Florida Criminal Attorney Blog

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" »

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" »

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" »

Biketoberfest suffered a horrible loss Friday night when a Jeep Cherokee driven by Joshua Baldes, 27, crashed into three motorcycles driven by Biketoberfest riders. Baldes survived and was later apprehended by police shortly after he allegedly fled the scene of the accident.

The victims of this horrific crash are: Grace Scullion, 22, Jeramy Scarsella, 22, Shawn Scarsella, 24, Michelle Koelker 22, and Brandon Rudolph, 24.

This motorcycle accident is especially tragic because Grace Scullion was 4 weeks pregnant when she was killed by Baldes' Jeep.

Jeramy Scarsella, the driver of Grace's motorcycle, suffered serious internal injuries and broken bones. Shawn Scarsella suffered a broken hand and Michelle Koelker suffered broken ribs. It is unknown what injuries, if any, were suffered by Brandon Rudolph.

According to police, Joshua Baldes has been charged with vehicular homicide, leaving the scene of an accident with death, leaving the scene of an accident with serious bodily injury, and violation of probation. It is unknown what he was on probation for or what criminal history he may have. I wonder if his criminal history is related to drugs, alcohol, or even DUI.

While I do not own or ride motorcycles, I am an avid cyclist. I have a high-end road bike that I love to ride outdoors for fun, recreation, and exercise.

It is because of my love of riding, that I especially sympathize with the victims in this case even more so than normal.

I have to say, I am sick and tired of the maniac drivers that populate our roadways. As a cyclist, I fear those oblivious, reckless, and impaired drivers we all see on the road from time to time. It is scary and it makes you wonder what people are thinking as they text away in their cars or drive so slow and aimlessly that they miss red lights and stop signs as the yap away on their cell phones.

Enough is enough. I would love to represent Grace Scullion's family and the other victims to fight this case and get them the justice they deserve!

Continue reading "Grace Scullion Killed in Biketoberfest Accident in Daytona Beach, Florida" »

A 60 year old man in Port Saint Lucie, Florida allegedly ran over his 18 month old grandson with his car. According to news reports, Jacques Novembre, claimed he was moving cars when he believed his vehicle accidentally bumped the toddler. It was not until some time after Novembre had already left for work that the toddler's mother discovered tire tracks on the boy's back.

The boy is now hospitalized with a collapsed lung, but is said to be in stable condition.

So far no arrests have been made, although police claim that charges are pending.

This case presents a classic example of where a criminal defense lawyer can aid a person who is facing serious felony charges. For his actions in this case, it is likely that Novembre will be charged with leaving the scene of accident resulting in serious bodily injury. Given the very young age of the toddler, Novembre may be facing the very real possibility of going to prison.

However, much more investigation must be done before any conclusions may be drawn. While a jury may not find it plausible, the reality may be that Novembre acted innocently, although without intelligence.

Any normal person would go running to check a toddler who they just "bumped" with a car. The fact that the baby had tire tread on his skin proves that the impact was much more than a mere "bump." In all candor, a prudent person would have stopped to make sure the toddler was not injured.

Moreover, it is unbelievable that Novembre would leave an 18 month old baby in a driveway by himself... not to mention after he had "bumped" the toddler with a car!

I hate to sound harsh, but the facts of this case present realities that any competent defense lawyer must deal with.

From a defense perspective, I would first want to know more about Novembre's mental state? Is he mentally competent? Even though he is only 60, is he senile? Does he suffer from a cognitive problem?

Other than guilt or a lack of good judgment, is there another reason why Novembre would have left the scene of an accident?

Contrary to popular belief, the role of a defense lawyer is not to conjure an unbelievable defense. A lawyer who does so, does a tremendous disservice to his client.

If I were to represent Novembre, the first thing I would want done is a psychological evaluation. Next, I would want an accident reconstructionist to evaluate the facts of the case and render an opinion.

Other questions that must be answered include ascertaining the extent of any damage to the vehicle and whether or not such damage is consistent with Novembre's version of events.

Ultimately, Novembre will be best served by hiring a criminal defense lawyer who has experience handing serious felony offenses and who is familiar with the innner workings of the State Attorney's Office prior to the filing of criminal indictments.

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" »