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August 13, 2010

Defense Analysis: Mirtha Arias Arrested for Slashing Son's Throat in Hollywood, Florida

Mirtha Arias, 48, of Hollywood, Florida, was arrested this week after she allegedly slashed her son's throat with a box cutter and then turned the blade on herself. She has since been booked for one count of attempted murder. While her son's injuries were very serious, he is expected to survive.

It is unknown whether Mirtha Arias has been given a bond or has retained a defense lawyer. According to new reports, she has been Baker Acted and is to undergo a psychiatric evaluation sometime soon.

I have to say, of all the criminal cases I have litigated in my career as a defense lawyer, this case is very bothersome. The claim that this mother slashed her son's throat is utterly horrific. That poor child probably suffered something terrible while it was happening. I really feel bad for him.

Before I delve further, I want to emphasize that the opinions I express herein are based strictly on the information presented in the media. Without access to the court file, the police reports, witness statements, or other evidence, it is very difficult to ask the right questions or draw any meaningful conclusions.

However, that being said, I think this case comes down to two issues that may help Mirtha Arias develop a successful defense against prosecution in this case.

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August 13, 2010

UPDATE: Beauty Bandit Has Surrendered Herself to Authorities in Fort Lauderdale, Florida

UPDATE: Maria Chrysson has surrendered to law enforcement in Fort Lauderdale, Florida. She is now facing charges for grand theft and criminal use of personal identification belonging to another.

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August 13, 2010

Beauty Bandit May Surrender Herself in Fort Lauderdale, Florida

Maria Chrysson, 29, the alleged "Beauty Bandit," may surrender herself to law enforcement in Fort Lauderdale, Florida soon. It is unknown whether or not a bond amount has been agreed to with prosecutors at this time. For those who are unaware, Chrysson was recently arrested for allegedly failing to pay doctors after receiving Botox treatments.

Originally dubbed the "Botox Bandit," news media now calls her the "Beauty Bandit." I liked the first name better.

In any event, a For Lauderdale dermatologist claims that a woman received over $3,000 in Botox treatments from his office, but skipped out on the tab when it came time to pay. According to the doctor's staff, the patient allegedly stated she was going to an ATM to retrieve cash, but never returned.

The doctor claims that Chrysson is that woman and that she is caught on video surveillance.

In a surprising twist of this story, Chrysson's criminal attorney claims that they have the wrong person. As a criminal lawyer myself, I think this is a highly unusual tactic, especially at this early stage of the case.

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August 9, 2010

Robert Ira Aronson Arrested for Grand Theft in West Palm Beach, Florida

Robert Ira Aronson, 63, was arrested in West Palm Beach, Florida for 1st degree grand theft. He is alleged to have embezzled over $200,000 a corporation owned by Bob Lappin. For those who are not up to speed on their Palm Beach whos-who, Bob Lappin is the conductor who established the Palm Beach Pops. According to its website, the Palm Beach Pops is a world-class pops orchestra located in, you guessed it, Palm Beach.

Following his arrest, Aronson was released after posting a $15,000 bond.

Prior to his resignation this past February, Aronson worked as Director of Business and Finance for the Pops orchestra. Aronson supposedly resigned in protest when Lappin failed to advise the Pop's board that its general manager, Jill Kaplan, had filed a complaint months earlier with the Equal Employment Opportunity Commission.

Kaplan later filed suit in federal court alleging that Lappin had forced her into a long term affair. That case is still pending.

According to the police report, Aronson allegedly transferred money from Lappin's corporate accounts to his personal account. When Lappin learned that the amount transferred was nearly $200,000, Lappin decided to report the matter to law enforcement.

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August 4, 2010

Maria Chrysson "Botox Bandit" Arrested in Miami, Florida for Bad Checks

Maria Chrysson, aka the "Botox Bandit," was arrested in Miami, Florida for allegedly scamming beauty clinics with bad checks. According to news reports, bond has been set in the amount of $20,000.

According to employees at one clinic, Chrysson left to get money from an ATM machine but never returned. In July, Fort Lauderdale Police stated that Chrysson made off with over $3,000 in Botox treatments from one clinic.

It is unknown whether or not Chrysson intends on hiring a private defense lawyer or will seek representation by the Public Defender's Office.

A doctor at that clinic stated that Chrysson refused to have her photo taken and received 50 injections without any anesthetic. Clearly the doctor should not have said this and likely violated very serious HIPAA laws that are intended to protect patient information.

It is one thing to report a theft, it is another to make Chrysson sound like a freak by divulging her protected health care information. The fact that she had 50 injections without anesthesia has absolutely nothing to do with the criminal aspects of this case. In fact, anesthesia is rarely administered when patients get Botox.

It is clear that this statement was made simply to demean Chrysson and impugn her character by fueling the image of the "Botox Bandit" as a weirdo. Not only was that statement inappropriate, but it violated very strict Federal laws controlling the dissemination of protected health care information to third parties. No matter what happens with Chrysson's case, this doctor may be liable to her for damages.

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August 4, 2010

Lee Willie DeJesus Arrested for Child Abuse in Miami, Florida

Lee Willie DeJesus, 23, was arrested in Miami, Florida for allegedly beating up his 2 year old son, Willy Brown. According to news reports, DeJesus has a criminal history, but it is limited to misdemeanor possession of marijuana. It is unknown if the drug played a role in this case.

Regardless, a magistrate judge set bond at $57,000.

Police were initially called to DeJesus' apartment when the boy became unresponsive. At first, DeJesus tried to blame the baby sitter. However, after being taken back to the police station, it alleged that investigators read DeJesus his Miranda rights, which he waived, and admitted to punching the toddler at least fifteen times.

At this point in time, it is unknown whether or not DeJesus has retained a private defense lawyer is intending on applying for representation by the Public Defender's Office.

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August 3, 2010

Julio Gomez Should Sue Palm Beach Sheriff for Wrongful Arrest

Unbelievably, the Palm Beach Sheriff's Office released 25 year old Julio Gomez from jail after more than five months in jail. Deputies now admit that they arrested the wrong man on first degree murder charges.

This case is profoundly shocking since cops failed to match this Julio Gomez's birthday to the real Julio Gomez they were seeking. Why did it take five months to figure this out??

The truth is that this Julio Gomez is probably a poor Mexican migrant worker living in Palm Beach County and is a person without the social or financial means to make his voice heard.

I am extremely offended by this case. I bet you if Mr. Gomez was a celebrity, a Palm Beach socialite, or someone with money, he wouldn't have even been arrested and if he was, he wouldn't have languished in jail for over five months.

Julio Gomez deserves compensation and he deserves justice. According to news reports, Gomez was released after cops realized his birth date did not match that of their suspect. His claims of innocence were also bolstered by affidavits from friends who said he consistently worked and lived with them.

Just because Gomez is likely a poor farm worker, does not mean he deserves to rot in prison. This man was wronged by law enforcement and it should be set right.

I hope Mr. Gomez stands up for himself and hires a lawyer who can fight for his rights.

Hopefully he will heal from this experience and get on with the rest of his life.

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August 3, 2010

Louis Jerome Green Arrested for Sex Offense in Fort Lauderdale, Florida

Louis Jerome Green, and 18 year old student at the Dave Thomas Education Center, was arrested in Fort Lauderdale, Florida for allegedly having sex with a girl between the ages of 12 and 15 years old.

According to news reports, bond has been set in the amount of $50,000.00. If this bond is unaffordable for Green, he may be eligible for a bond reduction. When a judge sets bond, he or she considers a number of factors. These include the defendant's criminal history, if any, the defendant's ties to the community, and the nature of the present offense.

The ultimate purpose of bond is to ensure that the defendant will show up in court and face his charges if released from jail. However, bond is not meant to be so high that it can't be afforded. In essence, bond is meant to be a financial leash that gives a person an incentive to stick around and deal with their case.

If Green cannot afford his bond, he would benefit from hiring a criminal defense lawyer who can file a motion to reduce bond. When arguing such a motion, his lawyer should establish Green's ties to the community, his financial means, and hopefully a lack of any meaningful criminal history.

If Green is able to establish these points, he may present a solid case for bond reduction.

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August 2, 2010

Defense Analysis: Rendolyn W. Amaker Arrested in Fort Lauderdale, Florida

Rendolyn W. Amaker, 43, was arrested in Fort Lauderdale, Florida after she allegedly tried to rent a car at the airport using another person's driver's license and credit card. Amaker has been released from jail after posting a $2,000.00 bond.

According to the Broward County Clerk of Courts, Amaker was booked for one count of grand theft auto and one count of possession of a fraudulent driver's license. Both offenses are third degree felonies punishable by up to five years in prison each. Therefore, her total prison exposure maxes out at ten years.

However, in my experience, people with these types of charges rarely go to prison, especially as first time offenders. Realistically, an experienced criminal defense lawyer should be able to resolve her case to nothing more than a short term of probation at the very worst.

However, if Amaker has a criminal history, things may be different. According to records obtained from the Broward Clerk of Courts, Amaker has no known criminal history in Broward County. Since she is employed by the Broward School Board as a principal at North Fork Elementary School, odds are her criminal history as already been checked and there is none. While it is not impossible, it is unlikely that the School Board would have hired her with a criminal history.

Ultimately, this case has two clear possibilities. Either Amaker was being honest and this entire incident comes down to a misunderstanding or she really was trying to pull a fast one on the car rental place. Therefore, developing a strong defense will either be very easy or absolutely impossible, based on evidence obtained from driving records and the credit card company.

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July 30, 2010

Eric Rico Hall Arrested for Hit and Run in Tamarac, Florida

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.

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July 30, 2010

Anthony Laurenceau Arested for Second Degree Murder in Miramar, Florida

Anthony Laurenceau, a 19 year old from Miramar, Florida, was arrested recently for the stabbing death of Wagner Luvin, age 23. It is unclear whether or not Laurenceau has been before a judge or whether or not bond has been set.

Given the severity of the crime, prosecutors may seek a very high bond. However, if the family were to hire a defense lawyer, a motion to reduce bond, even from its standard amount, could be made.

As has been discussed many times on this blog, when a judge is setting bond, he or she will always consider the same primary factors. First is the nature of the crime. Crimes of violence always considered serious and usually result in higher bond amounts. Second, the judge will consider Laurenceau's criminal history, if he has any. The more serious his criminal history is, especially for violent crimes, the higher bond will be.

Third, the judge will also consider if Laurenceau is a flight risk or a danger to the community. Establishing how long he has lived in the county and whether he has any family members, a job, or property here in the county are factors that the judge may rely upon when reducing bond. Obviously, the greater Laurenceau's ties to the community, the lesser the likelihood that he will flee.

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July 30, 2010

Five People Shot at Night club in Fort Lauderdale, 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.

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July 29, 2010

UPDATE: Marisol Ramon's Remains Identified in Broward County, 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...

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July 27, 2010

Raquel Wright Arrested for Trafficking in Oxycodone in Indian River County, Florida

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.

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July 21, 2010

Gary Morano Arrested for Child Pornography Charges in Davie, 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.

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