Posted On: October 30, 2010

SAY NO TO POLICE

The app ‘SAY NO TO POLICE’ is anticipated to be a big seller at the iTunes Store. The app is an electronic adaptation of the book CAN THE POLICE LIE TO ME. The app takes the book into the 21st century by using the functions of an e-book to make using it as fast as greased lightning. Or as a reviewer said “Faster than a Texas Pastor in a burning church”. 30 years of hearing the same questions from over 10,000 clients, attorney Behr has assembled them and answered them in easy-to-read one paragraph responses. Laws should be understandable. Everyone needs to know what is okay and what is wrong. Lawyers, Judges and Legislatures have done a job on the law by examining rules and dissecting laws until they are jelly-like and confused. This app hits nails on the head and gives you useable answers to the most asked questions. Try it; keep it on your iPhone or iPad.

Posted On: October 26, 2010

TEXTING SEXTING AND DRIVING DON'T MIX –TAKE IT HOME

A national newspaper (name withheld..I don’t advertise) ran a story on a case that should be of interest to residents of South Florida. A young lady was arrested for driving intoxicated, or impaired, at the same time as she was texting sexual content. The cop thought it was a triple play, the lawyer walked her out-of-court. Why? Impairment from non-alcoholic substances is difficult to prove. I, your South Florida criminal defense lawyer, made some new law several years ago...it was a vehicular homicide case in which the impairment was based on blood work of the driver…..it showed the presence of cocaine distillates: chemicals in the blood which are markers or indicators that cocaine was ingested and processed. The mere existence of these indicators does not prove impairment; it just proves cocaine was ingested. By refusing to speak to the arresting officer and refusing to submit to roadside sobriety tests the defendant was charged with several criminal offenses. The state was unable to prove impairment and the jury found the defendant not guilty of vehicular homicide. The defendant was found guilty of several other charges involving resisting arrest, filing false police report, and destruction of evidence. The reported case similarly had evidence problems. The texting and sexting could not be proven to have occurred at the moment of the impact. Likewise the non-alcohol impairment was too hard to prove. Florida and several other state legislatures have proposed statutes which prohibit texting while driving. Contact your South Florida criminal defense lawyer for more information.

Posted On: October 23, 2010

WHAT TO DO IF YOU'RE STOPPED FOR DUI

Always a good question. There really is no easy answer, as it is not an easy situation. If an officer stopped you because he has reasonable belief that you are impaired…. in all likelihood the officer is going to arrest you. That is a given. Remember impairment can be caused by alcohol, which can be measured in your blood, lack of sleep, psychotropic drugs, pain pills and many many other medications, both prescriptive and available over-the-counter. Okay you've been arrested… But arrest doesn't necessarily mean a conviction: to do that the government needs evidence. Evidence can come from a breath exemplar, the video of your performance on the roadside sobriety examination, the video from the police car camera, and the observations of the officer. Videos and officer testimony always exist. Breath exemplars and videos of roadside sobriety tests don't always exist. Refusing to provide a breath exemplar, refusing to perform a roadside sobriety examination, can all lead to additional criminal charges. Some states, like Florida, make it a misdemeanor to refuse a breath exemplar on your second DUI. Florida law considers those two items as non-testimonial: that means it goes to the jury. You have no constitutional right to keep non-testimonial evidence out. Think of non-testimonial evidence as photographs, things found at a crime scene, fingerprints, your voice, your weight, things that exist without a conscious intent to communicate… Those things that should be voluntary and freely given to be considered reliable. In court rooms the issue of reliability is paramount: confessions made after a beating are generally not reliable and certainly not voluntary. All this takes you back to the question: do I blow? Do I perform the roadside sobriety tests? If you refuse, they don't exist, they don't go into evidence and they're not used to convict you. Your refusal however exposes you to additional criminal problems. The choice is always yours. Lawyers can never advise you or counsel you if you are considering a law violation. It is a violation of law to refuse to provide non-testimonial evidence collected at a DUI crime scene investigation. If you need more information call your South Florida criminal defense lawyer, most of us are up days and nights waiting for the phone to ring. You can ring me up at 1-800-761-3446.

Posted On: October 21, 2010

VIOLATION OF PROBATION PROCEDURES IN FLORIDA

Probation violations are the area of law where many people get confused and confounded. If you understand the steps by which a violation becomes an arrestable offense, you can deal with them. The first question is: Were you properly informed of the terms and conditions of your probation: It must be in the sentencing order, or the statute, spoken to you in open court by the judge, or read to you by the probation officer. Step one is the State has to prove up the probation terms were communicated by one of the above methods. Probation officers cannot invent terms and conditions. Step two: Once you're on probation the probation officer as to monitor and supervise. If the probation officer believes you have violated any condition of probation he cannot arrest you unless the violation occurs in front of him or the act itself is an arrestable offense. The probation officer writes up a violation of probation report and sends it to your judge. The judge reads it. Only if the judge believes, based on the probation officers report, that the violation is both WILLFUL and SUBSTANTIAL will he/she sign the document. When the judge signs the document it becomes an arrest warrant. Once the violation report, reviewed by the judge, becomes a warrant then you will be brought before the judge. The Judge must determine after a hearing whether the facts alleged in the report are true. At this point you need your South Florida Criminal defense attorney to either get you out of jail before the hearings, or represent you at the final evidentiary hearing.

Posted On: October 17, 2010

SAY NO TO POLICE the app

http://www.saynotothepolice.com/What is SAY NO TO POLICE? the app

• The First Criminal-Law INFO-app
• Written for iPad and iPhone users by a top criminal lawyer
• Question & Answers in iPhone/iPad functional-driven “chapters”…

• CARS & COPS
• DRUG BUSTS
• UNDER 21 CROWD
• SEARCHES
• POLICE CONTACT
• ARRESTS
• WHO DECIDES?
• BAIL
• DISCOVERY
• DEFENSES
• TRAIL
• SENTENCING
• 50 “MOST CHARGED” CRIMES DEFINED

Why do I need this app?• Knowing what police, prosecutors and judges know can save you from a lifetime of regret.
• You can recover from a business failure, personal bankruptcy, a bad divorce,
• A criminal history can ruin your future!
• Job prospects? Loans? Rentals? Dating? Graduate School? Professions?

I don’t have police problems because I’m smart...Wrong!• 1 in 6 Americans will be in jail during their lifetime
• 14,000,000 Arrests in the U.S. last year
• 50,000,000 traffic citations were issued last year

I’m OK with the Police…I can talk my way out ….. Pretty face gets a “pass
- The average cop spends ½ of his lifetime in a patrol car waiting to mess with you
- The average cop suffers from most psychological problems like anger, frustration, envy
- 30,000,000 Americans had police contact…… none of it pleasant

I know my rights…….….BUT do you know the answers to these…..and 100 other questions?

• What is entrapment?
• What is obstruction?
• What is stalking?
• Should I “blow” at a DUI stop?
• Can I get a DUI on a bicycle?
• Can I buy or own a bong?
• Can I carry alcohol in my car?
• What is the law on fake ID?
• How do I say NO to the police?
• Can my boss or teacher look in my desk?
• Do I have to talk to the police?
Do the police need a warrant to arrest me?
• Can I rely on legal advice from a cop?
• Can the police lie to me about evidence and facts?
• Is my case dismissed if I’m not read my Miranda rights?



DON’T JUST SAY “NO”….SAY “I KNOW!” TO THE POLICE

SAY YES TO SMART…

Take the time to get it right…………….be sure………. have it in your iPad or iPhone
SAY NO TO POLICE the app

.... what some pre-release users have said:

“Reads faster than a Texas pastor in a Church fire “
“More legal silver- bullets than a vampire posse”
“Puts a wooden stake in the heart of criminal law confusion”
“This app will put more lawyers out of business than an outbreak of civil rest”
“This lawyer needs to be shot..Out of a cannon and into your iPad.. BUY THIS APP!”

Posted On: October 12, 2010

SAY NO TO POLICE iPad/iPhone/Android app

SAY NO TO POLICE iPad/iPhone/Android app
iTunes retail price $9.99 --- ‘Lite’ Edition – FREE

Release Date: November 1, 2010

What is it?

A Criminal Law info-app..... One and two paragraph answers to 100 ‘hot’ legal questions

- Is it a crime to refuse to give information to the police?
- Is a "Mall cop" a real cop?
- Can I get a DUI on a bicycle?
- Should I”blow” if I'm stopped for a DUI ?
- Can the police search my car at a traffic stop?
- What is entrapment?

Fun and easy-to-read

What is similar out there?
NOLO has a similar book........wordy…...lawyerly........621 pages

Where did it come from?
It is the e-book edition of CAN THE POLICE LIE TO ME? 2008

Why is it important?
- 14,094,186 Americans were arrested last year
- 30,000,000 Americans had police contact
- 50,000,000 traffic citations were issued to Ameicans
- Appeals to 18-28 demographics.
- Practical and useful


Posted On: October 9, 2010

SAY NO TO POLICE info-app for iPhone and iPad

http://www.saynotothepolice.com/SAY NO TO POLICE ( the app ) is soon to be released as an iPhone/iPad and android application. The app is no-holds-barred easy-to-read and practical. It is the first book ever written in plain English by a lawyer.... ever. (In fact since the beginning of time, before the Big Bang, there were lawyers writing in bad English.)

The app contains one and two sentence answers to the most pressing questions in law:

- Is it a crime to refuse to give information to the police?
- is a "Mall cop" a real cop?
- Can I get a DUI on a bicycle?
- Should I”blow” if I'm stopped for a DUI ?
- Can the police search my car at a traffic stop?
- What is entrapment?

It's better than having a South Florida criminal lawyer in your pocket. It's also easier on your pocket than a lawyer.... it costs $9.99. Buy it for your college age children, buy it for yourself, keep it on your iPhone, don't give it to your ex (unless you guys are still friendly).

SAY NO TO POLICE will be available on November 21st at the iTunes Store and at the android store.