Florida Criminal Attorney Blog

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.

Continue reading "Defense Analysis: Mirtha Arias Arrested for Slashing Son's Throat in Hollywood, 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.

Continue reading "Anthony Laurenceau Arested for Second Degree Murder in Miramar, 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.

Continue reading "Five People Shot at Night club in Fort Lauderdale, 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...

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" »

Willie Gene Tumblin, 43, was arrested for allegedly shooting a 14 year old teenager in Sunrise, Florida. Tumblin is being held without bond and is facing charges for attempted first degree murder.

The teenager, Victor Ogiste, is being treated at Broward General Medical Center and is listed in serious condition.

According to news reports, Tumblin tried to break up a fight that ensured after a group of teenagers had gathered in the neighborhood. Tumblin was supposedly punched and left the scene. About thirty minutes later, Tumblin returned, this time armed with a gun.

Ogiste was supposedly shot in the back as he tried to run away. Luckily for both Ogiste and Tumblin, the wound has not yet proven fatal.

Candidly, Tumblin's defense lawyer is going to have an uphill battle. Based on the facts that are reported in the media, there are two clear aggravating circumstances.

First, Tumblin left the scene and came back with a gun. This shows premeditation. Second, he is said to have shot Ogiste in the back as he fled. Both of these facts make a self-defense strategy hard to prove.

However, before any conclusions may be drawn, a number of very important questions must be answered.

Continue reading "Defense Analysis: Willie Gene Tumblin Shooting Case in Sunrise, Florida" »

Juan Carlos Atenco-Camacho, 24, was arrested for murder in Boca Raton, Florida. Since murder is a capital felony, Camacho is presently being held without bond.

The victim, Naum Mendez, 34, was a cross-dresser from Mexico. According to news reports, Mendez went missing in 2008 and was last seen wearing a red dress and a blonde wig. Mendez is said to have worked as a dancer at a club in Greenacres, where he went by the stage name "Gaviota."

After the case was reopened this past April, detectives were able to poke holes in Camacho's story using cell phone GPS data and phone records. When he was confronted by investigators with this information, Camacho is said to have confessed.

According to news reports, Camacho admitted to having sex with Mendez one time, but denied being gay. He also said that he stabbed Mendez after Mendez attacked him during a fight. Camacho then led police to an area off the Bee-Line Expressway where he claims to have dumped the body, although no remains were found.

From a defense lawyer's perspective, this case may prove very defensible. First and foremost, if the police did not properly advise Camacho of his rights - in a language he understands - then all evidence obtained thereafter will be thrown out. This rule is especially applicable in this case because Camacho was interviewed at the Palm Beach County Jail where he was detained for another unrelated offense.

Second, without a body or another witness, it sounds like prosecutors will have a tough time proving that Camacho did not act in self-defense. To determine how strong or weak the prosecutor's case may be, it will be necessary to review the details of Camacho's statement.

Continue reading "Juan Carlos Atenco-Camacho Arrested for Boca Raton Murder" »

Benjamin Marcus Raucher, age 22, was arrested in Miami, Florida for two different robberies where the attacker is said to have fondled his victims after stealing from them. Raucher is facing charges for armed robbery with a knife, burglary, and battery.

According to police, the "M.O." of the attacker in each case is the same. Essentially the victim would be accosted, money and valuable would be demanded, and then the attacker would fondle the victim. In one case, the attacker tore off his victim's shirt and exposed her breast. In the other case, the attacker is said to have fondled the woman's breast and butt before fleeing on foot.

Since Raucher has been arrested for both offenses, defense lawyers are expected to focus their attention on whether or not the victims can positively identify Raucher as their attacker.

For instance, were the victim's presented with a photo line-up. If so, was it presented objectively or did the police do anything that was suggestive? Were the people in the photos similar to Raucher or were they totally different?

Was Raucher presented to either victim and asked "Is this the guy?" As one can imagine, this is the most suggestive form of identification.

Ultimately, the victims will be required to make independent in-court identifications of Raucher when they testify at trial. Without a positive identification, prosecutors will not be able to meet their burden.

Continue reading "Benjamin Marcus Raucher Arrested for Armed Robbery in Miami, Florida" »

Today was a very busy day for law enforcement in Fort Lauderdale, Florida. Around 3:00 pm this afternoon a 21 year old inmate committed suicide in the Broward County Jail. It is not yet known what crimes he was charged with or how long he had been in custody. While the details of the suicide still remain unknown at this time, it is believed that the victim, 21 years old, hung himself using bedsheets. Jail nurses and fire rescue attempted CPR and transported the victim to Broward General Medical Center where he later died.

Just before the suicide, at around 2:00 pm, two armed robbers wearing masks robbed the El Rancho Motel at gun point. During the course of the robbery, two employees were pistol whipped and a car was stolen. If caught, these robbers will be facing some mega charges. First of all, they would both be charged with armed robbery, wearing a mask while committing a felony, and possibly armed car jacking. Given the fact that crimes of this sort are not what we refer to as "gateway crimes," it is entirely likely that these offenders have serious criminal histories. If caught, prosecutors will undoubtedly ask for major prison time. However, no arrests have been made as of tonight.

On the lighter side of crime, eight men were arrested Friday night after trying to score hookers on Federal Highway. Here's a tip fellas... if they got teethe, they're cops!

Continue reading "Fort Lauderdale Crime Update: June 21, 2010" »

A BSO deputy was responding to a domestic disturbance call in Fort Lauderdale, Florida, last night when he encountered a belligerent man who began fighting with him as soon as he arrived on scene. The man began to hit the deputy and even grabbed his baton, striking the deputy in the head. A police taser was eventually used to subdue the man and place him under arrest.

The deputy was transported to Broward General Medical Center where he was treated for non-life threatening injuries.

The man will certainly be facing felony charges for battery on a law enforcement officer. He may also be charged with aggravated battery - deadly weapon. Both charges are serious crimes of violence and each carries a maximum penalty of 15 years in prison.

Given the seriousness of the attack and the fact that the victim is a police officer, prosecutors are expected to seek prison time.

Defense lawyers will likely seek a psychological evaluation of the attacker. In all likelihood, substance abuse played a role in this attack as well.

Continue reading "BSO Deputy Attacked With His Own Baton in Fort Lauderdale" »

Two men were suspected of burglarizing a home under construction in Southwest Ranches, Florida last night. When BSO deputies arrived on scene, the men tried to flee in a van. As the van took off, it struck one of the deputies. In response, it seems as though the other deputy drew his weapon and shot at the two suspects. Unbelievably, both suspects were hit, despite the fact that they were in a moving van speeding by in the dark.

One of the two men died from his injuries last night. The other man's condition is unknown at this time. Aside from burglary, the surviving man may be facing charges for attempted murder of a police officer, depending on whether or not he was the driver or the passenger of the van. Luckily for him, the cop was not killed, because if he was, he could have been charged with felony murder and would have been subject to the death penalty.

Unfortunately, the deputy who was struck also sustained an injury. It has been reported that he has sustained a broken leg.

So far, no arrests have been made.

Regardless, this case presents more questions than answers. In every police involved shooting, an internal affairs investigation is initiated to make sure that the deputy acted according to departmental policy when discharging his firearm.

At first glance, it appears as though the deputy acted reasonably when he shot at the fleeing van.

Continue reading "BSO Deputy Kills Burglar In Southwest Ranches, Florida" »

Ricardo Jose Bonilla, Jr.,18, was the subject of a four hour manhunt in Miami, Florida. According to the Miami Police Department spokeswoman, police were initially called out to a hit and run car accident. Witnesses told police that the fleeing car had crashed not far from the scene of the first accident.

Bonilla, Jr. allegedly called his father for a ride after the second crash. When police caught up with him, Bonilla, Jr. pointed a gun at a police officer. The cop took cover and Bonilla, Jr. took off on foot, triggering a four hour man hunt that included the use of K-9's, a helicopter, and a SWAT team.

While the details are not presently known, a standoff with police ensued ended with Bonilla, Jr. shooting himself in the head. He is listed in critical condition at Jackson Memorial Hospital where he is expected to die.

Bonilla, Jr.'s dad told CBS-4 reporters, "If I would have been the mediator this would have not happened. My kid would have turned himself in and a life would not be on the line at this time." He supposedly begged police for permission to talk his son into surrendering peacefully. This request was allegedly denied.

"I would rather have seen my son in jail for four to five years but not here now waiting to die," Bonilla, Sr. stated.

Continue reading "Ricardo Jose Bonilla Shoots Himself After Standoff With Miami Police" »

This one is definitely going in the books! In yet another example of the criminally moronic, two butt-heads decided to rob the Waffle House located in Davie, Florida at gunpoint earlier today. Somehow, the moron with the gun shot the other moron by accident. While the details are not clear, the two left together and eventually called 911. The guy that was shot eventually made his way to Broward General Medical Center where he received treatment for his superficial wound.

Incredibly, no arrests have been made yet. I guess friendly fire is a problem some robbers face as well.

Trevor Alphanso Gordon, 42, was found dead in an apartment located in Margate, Florida. According to police, Gordon's body was found face down in a pool of blood. The Broward County Medical Examiner's Office has concluded that Gordon sustained multiple blunt force injuries to his head and face. Officers also claim that they smelled an intense odor of bleach upon entering the home.

So far no arrests have been made.

There is a lot that can be said about this case. First of all, it is surprising to learn that no one has been arrested yet. It is clear from the description of the crime scene that the culprits acted with extreme violence and anger. While it may sound incredibly morbid, there are many different methods used by attackers in murder cases. Spur of the moment crimes usually do not involve instances of extreme violence.

However, when you have evidence of multiple blunt force to the head, countless stab wounds, or evidence of strangulation, it is clear that an element of anger played a major role in the murder. Pulling a trigger is not hard, some may say it is even mechanical. But to beat someone to death by bludgeoning their head... that is up front and personal, not to mention extremely messy.

Why is this important to investigators? Well, understanding the character of your homicide will help you understand the character of your murderer. For example, if your victim is shot once on a desolate street and his wallet, watch, and necklace are all missing, it is safe to presume the attacker was likely a stranger motivated by theft.

Continue reading "Trevor Alphanso Gordon Murdered in Margate, Florida Apartment" »

After returning to her home in Miramar, Florida this morning, a woman was robbed by two men wearing ski masks. After exiting her car, the two men forced her into her apartment at gun point. An unnamed male who also lived in the home, was already inside the house when the masked men forced their way in.

Once inside, the masked men tied up the apartment's residents and stole their valuables.

So far, no arrests have been made despite the existence of video surveillance tapes at the apartment complex.

From a defense lawyer's perspective, this case presents a plethora of issues. First of all, armed home invasion is a first degree felony punishable by life in prison. Committing a crime with a mask on is also a crime.

Ultimately, a case like this will come down to identification. Even though they wore masks, victims are sometimes able to identify their attackers by tattoos, unique scars, voice, body shape, or clothing.

Continue reading "Masked Men Rob Home in Miramar, Florida" »