Florida Criminal Attorney Blog

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.

Continue reading "Louis Jerome Green Arrested for Sex Offense in Fort Lauderdale, 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.

Continue reading "Gary Morano Arrested for Child Pornography Charges in Davie, Florida" »

Avion Lawson, 14, and Nathan Walker, 16, have been arrested in West Palm Beach, Florida for their alleged participation in one of the most heinous home invasion sex crimes to hit Palm Beach County in recent times.

According to news reports, Lawson and Walker were part of a group of ten teenage attackers who tricked their way into a Dunbar Village home by sending a young man to the victim's door claiming that his car had a flat tire. Once the the victim opened the door, three masked teens entered the house and pushed the victim and her 12 year old son back inside the home.

Once inside, the mom and son were separated in different rooms. The ten teenagers then brutally beat the mom and gang raped her. They also poured household chemicals into the son's eyes and then forced him to participate in his mother's gang rape.

After more than 20 minutes of this hell, the attackers fled the home and the victims traveled over a mile on foot to a local hospital.

Lawson was arrested last Tuesday after police matched his DNA to a condom found in the victim's home. Walker was arrested Thursday when a palm print found in the home matched his palm.

Both teens have been charged as adults.

There is absolutely no doubt that Lawson and Walker need to hire the most effective defense attorney their parents can find. This crime is so heinous and severe that all involved are facing major prison sentences. In fact, I would not be surprised if a judge sentenced then entire group to thirty years in prison each.

Unless of course there are facts about this case that make its reality substantially different than its appearance.

Regardless, the way to defend a person accused of such a terrible and awful crime is to figure out who among the ten attackers was a primary actor and who was a secondary actor. For example, did all ten boys participate in the actual rape and beating or did most of them only act as bystanders/observers? When crimes are committed by groups, there is usually a ring leader, a secondary leader, and a bunch of witless followers.

Before I delve into what this means here, let me clear one thing up... I am not at all stating that any one attacker is less guilty than the others because he merely acted as a bystander or an observer. When offenders commit a crime in concert, the law treats guilt as an "all for one, one for all" type of deal (just like a getaway car driver in a bank robbery).

Continue reading "Two Teenagers Arrested for Gang Rape and Torture in West Palm Beach, Florida" »

On Thursday afternoon, Sandeep Munshi was sentenced to life in prison by the Honorable Jeffery R. Levenson in Fort Lauderdale, Florida. For those who may not recall, Munshi was a music teacher who was recently convicted of numerous sex crimes for molesting one his students.

During trial, the victim, now 14, testified that Munshi forced her to perform oral sex on him. She also claimed that Munshi masturbated in front of her.

The word amongst defense lawyers was that this case was a loser from the start. Prosecutors were said to have photographs of Munshi's semen on the classroom wall and a controlled call where Munshi supposedly made incriminating statements to the victim's parent.

Prior to trial, Munshi rejected a plea bargain that would have sent him to prison for only 15 years.

At this point, Munshi's only hope is to file a successful appeal. Candidly, the success of his appeal will defend on two factors. First, did the trial court make any errors that either denied Munshi a fundamental Constitutional right or that were so harmful that Munshi was denied a fair trial whose result is reliable?

Continue reading "Sandeep Munshi Sentenced to Life in Prison by Fort Lauderdale Judge" »

Carl Dolan and Brian Fuller, both 39, were arrested in Port Saint Lucie, Florida early Monday morning. Both are accused of committing an unlawful sex act on a 17 year old boy. Both men were also booked with contributing to the delinquency of a minor.

These charges are very serious and both men are facing serious prison time. For that reason, both need to retain defense lawyers who have experience with defending and prosecuting sex offenses.

The men are accused of taking the boy on three trips to Orlando. During one trip, the boy was allegedly given three rum drinks and Fuller is said to have performed a sex act on the boy. The nature of the act has not been specified in news media.

Two to three weeks later, it is also alleged that the boy was at the men's home drinking rum drinks when the two men engaged in a sex act with the boy for approximately five minutes. Dolan was also accused of touching the boy inappropriately on other occasions.

According to new reports, police booked the men under a sexual battery charge that alleges a familial or custodial relationship. This allegation is important because it serves to enhance the charge. In fact, this charge is usually reserved for parents, family members, school teachers, or other caretakers.

However, in this case, it seems as though the charge may be inappropriate. While the nature of the boy's relationship to the men is unknown, news reports did not mention any familial relationship. At the same time, it is unclear why the boy would be traveling with these men to Orlando.

Dolan and Fuller's defense lawyers will need to answer these and other questions before a strategy may be devised.

Continue reading "Carl Dolan and Brian Fuller Arrested on Sexual Battery Charges in Port Saint Lucie" »

Eberd Cesar, 52, was arrested in Boynton Beach, Florida this Monday, after allegations arose that he had inappropriately touched a 9 year old. According to reports, Cesar admitted to touching his girlfriend's grand-daughter while watching television.

As a result, Cesar is facing charges for Lewd and Lascivious Molestation on a minor under 12 years of age. Since the victim was under 12 years of age, Cesar is facing life in prison. As such, he is not entitled to automatic bond, but instead will have to ask the courts for an Arthur Hearing.

In an Arthur Hearing, the judge will determine if the State has presented enough evidence to support a finding that proof of guilt is evident and the presumption of guilt is great. Obviously, each case is different, but if this burden is met, the judge has the discretion to set bond or deny bond.

Having litigated many Arthur Hearings in my career, I can tell you that the judge will certainly want to know if Cesar has any prior criminal history and whether or not this molestation was a one-time event or was part of an on-going problem. The judge will also consider Cesar's ties to the community and any history for failing to appear in court.

Continue reading "Eberd Cesar Arrested for Child Molestation in Boytnon Beach, Florida" »

Paul Maurice Gould, 56, was arrested in St. Lucie, Florida yesterday after he allegedly fondled a 4 year old girl's genitals. In an interview with police, Gould denied any wrongdoing. According to reports, he was already on pre-trial release for "for the same type of offense," although details are not presently known.

The 4 year old girl allegedly complained to her guardian that Gould touched her genitals while she was left at the man's house. After detectives interviewed both the girl and Gould, a decision was made to arrest him.

Gould is now facing charges for Lewd and Lascivious Battery on a Minor Under 12. Unlike sexual battery, consent is not a defense. This is especially the case where the victim is so young. In the eyes of the law, a young child does not have the mental capacity to consent or reject sexual advances - obviously.

Regardless, this offense carries a maximum penalty of 15 years in prison. Undoubtedly, child hearsay laws will play a major part in this case.

Continue reading "Paul Maurice Gould Held on $500,000 Bond in St. Lucie, Florida" »

Brian Henwood, a 43 year old resident of Hollywood, Florida has been arrested for possession of child pornography. He has been booked under twenty felony counts and bond has been set at $200,000.

According to police, Henwood was identified after they discovered the IP address of his computer as a device sharing child pornography over the internet. Henwood is said to have admitted to downloading, storing, and viewing more than twenty images and movies depicting child pornography. The children depicted in the pornography were allegedly as young as 6 years old.

If I were Henwood's defense lawyer, there are a number of questions that I would like answered. First and foremost, how exactly did the police come to discover the images? What were they doing on the internet and what steps did they take to ultimately identify Henwood?

Continue reading "Brian Henwood Accused of Possessing Child Pornography in Hollywood, Florida" »

Sandeep Munshi, a music teacher at a Hindu temple in Southwest Ranches, Florida, was sentenced found guilty of multiple sex offenses this week. A Broward jury convicted Munshi of six felony sex crimes relating to encounters he had with a 10 year old student. He is facing a mandatory life sentence as a result.

During trial, the State admitted photographs of semen on the classroom walls and floor and a two hour audio tape containing a conversation between Munshi and the victim's daughter. At the end of the tape, Munshi supposedly confessed to the crime stating, "Whatever she says is correct...and I apologize for it."

The jury also heard from the victim's cousin who testified that Munshi had made sexual advances on her when she was only 14.

Knowing that this evidence would be admitted, on top of the victim's testimony, and in the absence of any cognizable defense, it is unbelievable that Munshi chose to take this case to trial. Sometimes a client ignores the advice of his defense lawyer, even though that person explains why trial may not be an option.

Continue reading "Sandeep Munshi Found Guilty in Broward Sex Case " »

At around 4:15 p.m. on Monday afternoon, a 12 year old boy allegedly attacked a 50 year old woman from behind in Coral Springs, Florida. According to police, the boy hit the woman from behind and then tried to pull down her pants. When the woman turned around, the boy struck her again. The woman then chased after the boy, he hit her for a third time, and then he ran off. According to WSVN-7, the boy will be held in juvenile detention for 21 days.

Generally speaking, there are two approaches to cases of this type. The first perspective is to punish this boy as hard as possible. Unlike drug abuse, theft, or even minor acts of violence, many people correctly believe that sexual offenders are sometimes incurable. As a consequence, those who adhere to this belief, maintain that such offenders should be locked up for as long as possible so as to protect society from their uncontrollable impulses.

The second approach calls for rehabilitation. On a personal note, I believe that some sex offenders are absolutely incurable. However, I do not believe that the facts in this case, at least at this early stage, show that the boy here is in this category.

Given his young and impressionable age, one has to believe that rehabilitation and rigorous mental health treatment is the correct approach.

Since the boy in this case is so young, there is a strong chance that he can be effectively treated by mental health professionals and rehabilitated to the point where he can function in society without having abnormal outbursts like the one alleged in this case.

As a criminal defense lawyer, this is the approach I would take. This case presents an opportunity for the criminal justice system, including prosecutors, to rehabilitate this child and correct aberrant behavior at an early stage.

It is worth noting, that while the boy's alleged behavior is obviously very disturbing, no actual rape materialized and nobody was injured. Before I formulate a final opinion on this case, I would also like to know whether or not the boy and this woman were strangers or had some other kind of pre-existing relationship. When I say "relationship," I do not necessarily mean a romantic one. Rather, when I first heard of this case through word of mouth, my initial impression was that the boy wanted to embarrass the woman by "pantsing" her.

For those who have never heard of "pantsing," it is a juvenile prank done on an unsuspecting person simply top embarrass that person by pulling down their pants in public. Teenage boys do it to each other all the time.

However, if this was a completely random act committed by one stranger upon another, then it would appear to me that the boy suffers from some kind of mental health disorder.

However, before prosecutors and the courts make any final decision about how to proceed with this case, it is absolutely necessary to determine the true nature of this case.

If it is a juvenile prank, then it should be dealt with accordingly. However, if this is a sexually motivated offense, then the boy should be immediately subjected to rigorous mental health treatment that addresses his specific needs.

Fort Lauderdale, Florida teenager, Rumaldo Frometa, was recently arrested for the alleged sexual assault on a 7 year old boy at Sunview Park near Davie Boulevard. Because this park is located in Broward County, Florida, Frometa will be facing prosecution in the 17th Judicial Circuit, which sits in Fort Lauderdale.

According to the MiamiHerald.com, Frometa was identified after police received tips from local children and homeless people. Frometa is said to have confessed to the crimes and was also identified by the alleged victim and his sister in a photo line-up.

Unsurprisingly, Frometa has a prior arrest for allegedly committing a sexual assault on a different minor. Additionally, it is no surprise to learn that Frometa was declared mentally incompetent to stand trial in that prior case.

The manner in which Frometa allegedly committed the assault in Sunview Park reveals that he had no regard for risk. This disregard for risk tells us that his brain fails to correctly perceive reality or that he has such an uncontrollable impulse that he acts in spite of the inherent risks of being caught. Given the fact that he has already been declared mentally incompetent in a case similar to the instant one, it appears as though Frometa may be both psychotic and uncontrollably impulsive.

Regardless, Frometa's mental issues will likely preclude him from standing trial. If anything, his new case only serves to reaffirm the psychologists' finding of mental incompetence made after his first arrest.

As was discussed in our previous entry concerning this case, identification of the alleged perpetrator is a central issue in any criminal case, especially in sex offenses involving minors. However, it appears as though there were witnesses other than the children. Moreover, Frometa's confession, if lawfully obtained by police, will likely serve to cinch any question about his identity as the true offender.

However, the most interesting part of this case turns out to be Frometa himself. Candidly, many people, myself included, expected the perpetrator to be some perverted adult male. As it turns out, Frometa is a 17 year old teenager and not the 20 or 30-something adult that the victims had originally described to police. This disparity is an excellent example of how child witnesses often times produce unreliable identification. Simply put, immature brains do not record, recollect, and verbalize memories in a reliable fashion.

In the absence of the alleged confession or supposed eye witnesses testimony by neighborhood kids and homeless people, Frometa's identification as the perpetrator may have been suspect. I for one would like to hear more about how the police obtained his confession - especially since we know Frometa is only 17 and mentally incompetent. Given his age and incompetence, it is unlikely he understood any reading of his Miranda rights, if such reading was even done by police prior to questioning. If Frometa was unable to understand his Miranda rights, then the confession was unlawfully obtained and should be thrown out.

Moreover, what did the local kids and homeless people really see? Was he simply seen in the park at the time of the alleged assault or was he actually seen kidnapping the children at gun point? Also, to what extent did community knowledge of his prior case serve to point police in his direction?

A good criminal defense lawyer never takes anything for granted. If anything, this case presents a textbook example of how collective belief in the accused's guilt should be thoroughly investigated and challenged.

However, at the end of the day, defense lawyers will likely rely on Frometa's mental incompetence to keep him out of the adult system and the possibility of prison.

Regardless of Frometa's fate, we hope that the victims and their families have a speedy recovery and get past this horrible experience as quickly as possible.

Fort Lauderdale, Florida - Detectives from the Broward Sheriff's Office are searching for a man who allegedly committed a sexual battery on a 7 year old boy. According to WSVN-TV Channel 7, the boy and his sister were crossing through Sunview Park, which is located near Davie Boulevard, when a man in his 20's or 30's approached the children at gun point. While pointing the gun, the man allegedly directed the boy into a port-o-potty where he raped him as the boy's sister waited outside.

According to police, a manhunt was initiated after the childrens' parents called police.

The rapist is described as a white or light browned skinned man, tall and slim, in his 20's or 30's, with a clean shaven face. While police went door to door seeking help, the man is still at large.

The manner in which this man commited these crimes tells law enforcement that they are dealing with a person who is either psychotic, uncontrollably impulsive, or both. The fact that he used a gun against children, in broad day light, coupled with the fact that he raped the boy while leaving the girl outside the port-o-potty unsupervised, shows that the man acted without regard for risk.

Such offenders present pros and cons to law enforcement. On the one hand, the man will undoubtedly be caught because he is utterly reckless. On the other hand, he will likely be caught by reoffending.

Ultimately, prosecutors may charge him with two counts of armed kidnapping and one count of armed sexual battery. The fact that a gun was used in the commission of these felonies means he will be subjected to 10-20-LIFE penalties.

However, even if an arrest is made, there is still no guarantee that the person arrested will be convicted. Ultimately, prosecutors must prove that a crime was committed and that the person charged is the person, and none other, who committed the crime.

Since the prosecution's entire case hinges upon the testimony of two 7 year olds, identification of the offender may prove to be very difficult at trial. Unlike adults, young children do not make reliable witnesses because they do not record, recollect, and verbalize memories in a sophisticated manner. Child testimony is even more suspect in situations where the child is recalling memories made while under the influence of fright, panic, pain, or victimization.

There is no doubt that a child is able to remember when a person, especially a stranger, touches them in a way that hurts or feels "yucky" or "bad." However, a child's ability to identify a specific stranger from other similar looking strangers in a photo line-up may prove to be very difficult, if not sometimes impossible. To make matters worse, children are especially susceptible to suggestive identification by law enforcement who are eager to arrest the person they think committed the crime.

These circumstances may worsen for prosecutors if the children ultimately identify different, but similar looking, offenders.

Of course, if this man left behind any DNA evidence or if his fingerprints are recovered from the port-o-potty, identification may turn out to be very easy.

Ultimately, this offender will likely do himself in by committing the same crime in the same place to other children. When a criminal acts impulsively or is psychotic, it is just a matter of time before he or she is caught.

Hopefully these children and their families will one day recover and get past this horific experience.

To search for registered sex offenders in Florida, please click here.

Tamarac, Florida resident, Chad Weiner, was arrested Wednesday by detectives from the Broward Sheriff's Office.

The crime allegedly took place on November 19, 2009 in the unnamed victim's apartment. According to a FoxNews report, the victim had gotten up from bed when she was attacked by a man who had made entry into her residence. The victim was allegedly tied up and then sexually battered.

For his alleged actions, Weiner has been charged with Sexual Battery, Burglary, and Kidnapping. The 91 year old victim was taken to Florida Medical Center for treatment.

This case carries very serious consequences and presents a number of challenges for Weiner's defense team. The first issue will concern whether or not he can be positively identified as the perpetrator. As despicable as a rape on a helpless elderly person can be, there may be serious problems with her ability to positively identify her attacker, especially since she is likely the only witness. When considering the likelihood that a criminal defendant has been misidentified, the courts will consider the following five elements: 1) the opportunity of the witness to view the offender at the time of the crime; 2) the witness's degree of attention; 3) the accuracy of the witness's prior description of the offender; 4) the level of certainty demonstrated by the witness at the confrontation between the witness and the accused; and 5) the length of time between the time of the crime and the confrontation between the witness and the accused. See Henry v. State, 519 So.2d 1988 (Fla. 4 DCA), citing Neil v. Biggers, 93 S. Ct 375 at 382 (1972).

However, in Weiner's case, the police claim that they have DNA evidence which ties him to the crimes.

While DNA is a phenomenal source of evidence that both can incriminate and exonerate, not all DNA samples are of the same quality. Just because DNA was collected and just because a presumptive test says it may match Weiner, does not mean it really does. Conclusive testing of the available sample is required before any final conclusions can be drawn. Conclusive testing will require a quality sample that was properly collected, properly preserved, and properly tested. Any lapse in the collection, storage, or testing of the sample can cause inaccurate results. The collection, storage, and testing process is very intricate and requires attention to detail.

At the end of the day, Weiner's defense team will need to depose the victim and determine whether or not she is capable of making a reliable, positive identification. Moreover, a deeper look into the true merit of any alleged DNA evidence will need to be conducted and any matching test results will need to be verified.

If the victim can reliably identify Weiner or if there is reliable DNA evidence, Weiner's may find himself in a very precarious situation. Putting aside the serious nature of his charges, Florida law also allows judges to enhance prison sanctions when the victim is elderly or if the victim sustains any injury. The greater the injury, the more a sentence may be enhanced.

At the end of the day, we hope that the victim is able to recover and find peace for what she has been through, whether it is Weiner or another person who is truly responsible.