Florida Criminal Attorney Blog

Koosh Jewelers in Hollywood, Florida were the victims of a very shocking armed robbery earlier today. According to news reports, 4 men were involved in the heist. If caught, these men will be in dire need of a very experienced criminal defense attorney.

Of the four men involved, three are said to have entered the store while the fourth waited outside in a black, late model SUV. Witnesses described the three men who entered Koosh Jewlers between 5'10" and 6'2" in height. They were also described as being in their 20's.

One robber wore a tan Dickies style uniform, while another wore a similar uniform in grey. A third suspect allegedly wore tan pants and a black, long sleeve undershirt.

These descriptions are important because they will help police identify the robbers. If any arrests are made, identification will become a focal issue in the ensuing prosecutions.

Another major issue in this case will be the principal theory, which is used to charged co-conspirators in a crime. In a nutshell, if you participated in a crime you can be charged as a principal, even if you had a very minor role in the overall offense. For example, the guy who waited in the getaway car can be charged with armed robbery as a principal, even though he did not even enter the jewelry store, not to mention hold a gun to someone's head or demand money.

Continue reading "Gunmen Steal $1 Million in Jewelry Heist in Hollywood, 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!" »

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" »

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" »

That's right children, its scandal time once again in Fort Lauderdale, Florida. This time, Det. Albury Augustus Burrrows, of the Broward Sheriff's Office, was arrested for grand theft charges. Even though these charges are felony offenses, Det. Burrows was released on a $1,000.00 bond.

(Photo Courtesy, Sun-Sentinel.com and the Broward Sheriff's Office)

It is important to emphasize, that like the people he arrested for the past 11 years, Det. Burrows is innocent until proven guilty.

However, I am not surprised to learn that yet another BSO deputy has been arrested for a felony offense, especially one that involves moral turpitude. For some reason, this county routinely turns a blind eye to the rampant corruption that occurs on a daily basis in our police departments. Unless of course a cop is caught red handed or the corruption is so obvious that even when you turn your cheek, it is still staring you right in the eyes.

Of course, as a criminal defense lawyer, I have the benefit of seeing both sides of a case.

While there are plenty of cops who pocket cash from people they arrest and there are plenty of cops who create violent situations that quickly turn into arrests for battery on a police officer (don't you love how that works?) and there are cops who routinely force hookers to perform oral sex on them in exchange for not placing them under arrest, the most common form of police corruption is done with a pen. "Creative report writing" is the singularly most common form of police misconduct around.

Now I know what you are thinking: big deal.

Continue reading "Det. Albury Burrrows Arrested for Grand Theft in Fort Lauderdale, Florida" »

Alexis W. Polychronis, age 26, was arrested today for three counts of lewd and lascivious molestation in Port St. Lucie, Florida. The unnamed female victim was15 years old at the time of the alleged molestation.

The parents of the teenage girl claim that they both warned Polychronis to keep away from their daughter on multiple occasions. According to news reports, the girl is home-schooled and is only allowed out of the house to go to the family's place of worship.

By the sound of it, this teenager seems like she was kept on a tight leash by her parents. For that reason, her behavior in this case is not surprising. While Polychronis is certainly responsible for his actions as an adult male, we cannot forget that the alleged victim was a willing participant.

It is unknown whether or not Polychronis has retained a criminal defense lawyer.

Despite his ambition to one day marry this girl, Polychronis is undoubtedly in serious trouble. While he may have had true romantic ambitions, as opposed to a mere sexual objectification of the victim, the bottom line is that the woman he is in love with is just a 15 year old girl.

In other countries, such as Mexico, it is not uncommon for 26 year old men to date or even marry 15 year old females. However, in America, touching a 15 year old is a second degree felony that can land you in prison for up to 15 years per encounter.

That is why Polychronis must immediately hire the best criminal defense attorney he can find.

Continue reading "Alexis W. Polychronis Arrested for Molestation in Port St. Lucie, Florida" »