Posted On: June 30, 2008

Florida Death Penalty News

SPRING TERM 2008 U.S. SUPREME COURT NEWS

The lethal injection process of execution has been found by the US Supreme Court as not violative of the US constitution.

The most recent ruling of the U.S. Supreme Court permits Florida to continue to execute by lethal injection.

Broward County and Fort Lauderdale continue to lead the State of Florida in convictions for capital homicide and drug trafficking charges.
Capital homicide trials continue to bifurcate: that is after a finding of guilt on homicide charges, the jury then hears argument on punishment and makes a recommendation to the judge for life in prison or execution. It is the judge who makes the decision and is not bound by the jury's recommendation for execution or life in prison.

Fort most criminal lawyers in Fort Lauderdale the ruling was expected. Many Death Certified criminal lawyers, such as Attorney Ralph Behr, continue to preserve the issue for appelate courts by objecting at criminal trials of capital homicide cases to the death penalty.

Florida's drug trafficking laws F.S. 921.142 provide for the death penalty in drug trafficking cases in which certain "aggravators" appear. Those "aggravators" are listed in the drug trafficking statute.

The U.S. Supreme court has not heard any Florida criminal cases in which the death penalty has been sought for drug trafficking. Fort Lauderdale and Miami send more drug trafficking case appeals to appeals courts than any other Florida districts.

Posted On: June 19, 2008

FLORIDA SELF DEFENSE CASE HEADED FOR SUPREME COURT

In a press release from the Law Offices of Ralph Behr on June 16, 2008 South Florida criminal defense attorney Ralph Behr announced his office will argue what may be the first criminal case in Florida which demands immunity from prosecution for lawful acts of self defense.

The criminal case currently is in the criminal trials courts of Fort Lauderdale, Broward County.

The defendant is charged with Attempted Murder, the case facts also allege the crimes of kidnapping, aggravated battery, aggravated assault and two counts of armed home invasion, as well as pendindg drug trafficking charges from cocaine and cannabis found at the crime scene.

The defense will demand the court grant immunity from prosecution based on Florida's newly passed self defense statute F.S. 776.032. The case currently is in the Broward circuit courts in Fort Lauderdale, Florida.

Posted On: June 15, 2008

DEPORTATIONS FROM FLORIDA ON THE INCREASE

3942 people were forcibly deported from South Florida by Homeland Security during the first six months of 2007.

5889 people were deported from South Florida during the first six months of 2008.

An increase of over 2000 deportations during the first six months of 2008.

Starting in 2007 federal authorities have focused on deporting inmates in Florida correctional institutions: those charged with aggravated assault, weapons charges, kidnapping, sex offenses, cocaine possession, drug trafficking, money laundering, sexual assault and sexual battery are priority deportations.

The expanded scope of federal authorities in seeking deportation of those charged with or convicted of crimes means a successful criminal defense is critical.

Criminal lawyers throughout South Florida increasingly have to consider the immigration and deportation consequences of an arrest and conviction.

For many criminal defense attorneys in South Florida this new focus on the immigration aspects and considerations of their clients is uncharted territory. Increasingly those arrested and charged with crimes in South Florida are demanding their criminal defense lawyer give them quality advice on immigration issues.

Attorney Ralph Behr, whose practice is limited to criminal defense and state and federal court, has expanded the scope of criminal defense services to include immigration consultations with prominent immigration attorneys in Fort Lauderdale, Miami, and West Palm Beach.

For more information or consultation call one 800-761-3446

Posted On: June 10, 2008

SEX OFFENDER PROBATION NEWS

In Florida anyone convicted of a sex crime, or sexually motivated crime, can be designated either as a sexual offender or a sexual predator.

These sex crimes designations come with the most restrictive forms of supervision of any category of crime. Drug traffiking, cocaine possession and cocaine delivery, theft crimes and murder does not restrict where you may live. Sex offense probation does.

Drug crime convictions usually get you drug offender probation.

In drug cases you are supervised as to your use of controlled substances.

Sex crimes come with onerous restrictions which are almost impossible to observe. Many if not most probationers on sex crime probation have the most problem with housing. Now it gets even tougher.

Obtaining housing, either alone or with family in South Florida cities and towns, such as Fort Lauderdale, Pompano Beach and Hollywood may soon be more restricted than most probation and community control rules.

Many towns have by local ordinance increased the State mandated 1000 foot range to 2500 feet. Living if you’re a sex offender or a designated sexual predator soon becomes much harder.

Florida law makes it a crime for sex offenders and predators tot live within 1,000 feet of a school, park or child care facility. Many local towns, such as Fort Lauderdale, Pembroke Pines, Hollywood, and soon West Palm Beach have followed the lead of other Florida cities and counties.

Soon towns may mandate a 2,500 feet distance: a full quarter mile. Nowhere in Broward County can you be more than a quarter mile from a school bus stop.

Probation violations are a problem every convicted felon on probation must deal with.

Contact your local criminal attorney for a consultation. The Law offices of Ralph Behr is available to counsel you or a family member under probation supervision or community control in Florida.

Posted On: June 8, 2008

FLORIDA PRISONS GET PLAYING CARDS

Now those convicted of crimes in Florida and serving time in prison can prepare for work in casinos while completing their sentences.

Florida convicted inmates recieved gift packs of playing cards from the West Palm Beach Police.

The cards will soon be given to every prisoner in custody serving sentences with the Florida Department of Corrections.

The playing cards have information, photographs and criminal information concerning closed and unsolved criminal cases.

Blackjack anyone in cellblock C?

The West Palm Beach police department dedicated time over the past six months searching through old cases and tracking down photos from closed cases.

The playing cards contain pictures of victims and information about the crime.

Cold cases in South Florida, with an emphasis on homicides in West Palm Beach dating back to January of 2000 are on the playing cards.

South Florida, Palm Beach, Broward County, Fort Lauderdale and Miami have a large number of inmates serving in prison. If anyone has information from the cards they can contact a criminal defense attorney in any Florida city or town and ask for a sentence modification.

Posted On: June 6, 2008

CAN THE POLICE LIE TO ME?

LOS ANGELES, CALIFORNIA

Florida criminal defense attorney Ralph Behr was recently featured at North America's largest book show the Book Expo America, held at the Los Angeles Convention Center.

The book CAN THE POLICE LIE TO ME? is the first true self-help book for the 13,000,000 Americans who are brought into the criminal justice system as defendants every year. The book is currently available at amazon.com and other leading book retailers.