Our friends at the US Supreme Court have taken a refreshing step towards the rule of law by pulling back out-of-control federal sentences.

The Supreme Court ruled that a federal appeals court cannot enhance a sentence unless asked to by the prosecutor. Although it seems wrong it is now a step in holding back re-sentencing by appeals court judges who did not sit on a trial.
Federal prosecutions are more likely to result in convictions and harsher sentences than in State courts. If you have been arrested in Fort Lauderdale, Miami or Palm Beach call a South Florida criminal defense attorney. Attorney Behr offers free consultations.

The DUI punishments in Florida have been increased. Starting October 2008 fines are doubled for first DUI convictions to $500. A maximum of $1000 fine can be imposed on a first DUI conviction in Fort Lauderdale, South Florida, Broward, Miami and West Palm Beach.
In Florida a breath-alcohol reading of .15 now doubles or enhances punishments for DUI convictions.
If you have been arrested in South Florida on a DUI charge it is now more important than ever that you seek a good South Florida, Fort Lauderdale, criminal attorney. You can defend yourself when you know the law. Seek and obtain a Fort Lauderdale criminal attorney and protect your rights!

The US Attorney, Broward, Miami and Palm Beach State Attorneys (prosecutors) and the Florida Attorney Generals Office of the Statewide Prosecutor have filed several dozen criminal prosecutions in Fort Lauderdale and Miami in both State and Federal Courts.

These investigations involving mortgage fraud have taken off and are growing. Prosecutions in Fort Lauderdale and Miami have become a daily grind in the local news. The charges of fraud and property investment schemes related to the mortgage market are being prosecuted as follows:

Fraudulent application: Applicants and mortgage brokers are accused of falsifying income status of the buyers or investors to reflect false reports of employment history, income forms, asset statements or credit record.

Flipping: When a buyer or investor pays a low price for a property then sells it at a higher price by falsifying statements to the lender.

Duplicate Statements: One settlement statement is provided to the seller, it shows one price for the property. A second settlement statement is presented to a lender: It shows a higher property value. A loan is given based on the higher value, and the excess loan proceeds is taken by the "actors", i.e. those accused of mortgage fraud.

The breath-test machines, usually an Intoxilizer (brand) were upheld again by a Florida court.

The over 200 DUI cases in South Florida, Broward and Dade (Miami) that were stopped until the decision are now back in court.

If you have been arrested for a DUI in Fort Lauderdale, contact attorney Ralph Behr for a free consultation.

Robbery, murder, armed drug trafficking, manslaughter remain among the most “popular” crimes for prosecutors in Miami, Fort Lauderdale and Palm Beach.

The report states that two years of increases in murders, robberies and other kinds violent crimes in U.S. cities decreased by 0.7% from 2006.
Burglaries and armed home invasions, carjacking car thefts, arsons and property crimes decreased 1.4%.

If you or a family member has been arrested, you need representation. Contact a Fort Lauderdale criminal defense attorney for a free consultation.

Criminal defense attorneys who are familiar with securities law prosecutions, and white collar crime are often certified Arbitrators for the National Association of Security Dealers (The NASD).

Knowing securities law is essential if a lawyer is defending someone for a white collar crime, money laundering or mortgage fraud arrest.

If you have been accused of a white collar crime or with a securities iviolation call Attorney Behr for a consultation.

The NASD is the agency that supervises and enforces securities laws affecting the NY Stock Exchange, Stock Brokerages firms, dealers, and "associated persons".

Call a lawyer first, why?

First: a local lawyer knows the local bondagents, your lawyer can get a good bond and control the bondsman: use the lawyer as a problem solver.

Second: the lawyer may be able to get a quick bond hearing and reduce the bond amount.

When a good local lawyer and a good local bondsman are in front of a local judge you benefit all around. The judge is confident you are well repersented and may be inclined to lower the bond.

If you or a family member or friend has been arrested in South Florida, Miami, Fort Lauderale or West Palm Beach contact a south Florida criminal defense attorney. Ask about bond. Ask about the judge. Ask about how an arrest and a trial work.

Information is the cure for agitation and aggravation. Let a local professional guide you through the criminal process. Call Attorney Ralph Behr at 1-800-761-3446.

Probation and Community Control are sentences, not pre-trial release; and sentences must be followed.

If you fail to follow any condition of probation, the probation officer will report to his supervisor. If the violation is willful and substantial then a request for a pick up order (warrant) is sent to a judge.

If the judge signs the request it becomes a warrant.

In Broward, Fort Lauderdale, by local order; anyone arrested on a violation of probation warrant waits ten days in the Fort Lauderdale jail before being brought up before a judge.

The first apperance is a first violation of probation hearing. At that hearing one admits or denies the allegations. If admitted the judge can do one of three things:

1. Return you to probation
2. Modify or add new conditions or increase the length of the probation or community control or
3. Send the violator to prison for any term of years within the sentencing or punishment code guidelines.
If you have a concern call a south Florida criminal defense attorney. Not all violations result in prison, some can be modified, some call be dismissed.

If you've been arrested in South Florida, Fort Lauderdale, Miami, West Palm Beach and charged with burglary make sure your criminal defense attorney checks the most recent changes to the burglary statute.

The law in Florida, of which Fort Lauderdale is a part, is a burglary means entering a dwelling or structure or conveyance with the intent to commit an offense therein.

Burglary cannot be charged unless the state can prove the intent to commit a crime at the time of the trespass. If the intent to commit a new crime comes after the entry it's not a burglary: it's a trespass and a theft.

Some Fort Lauderdale criminal defense attorneys omit this point in their thinking. If you want a clear thinking South Florida criminal defense attorney call Ralph Behr at 954 -761-3444.

If you are under a sentence of probation or community control beware. Fewer than one in three succeed without a violation.

The most common violation of probation is a failure to check-in, after that comes moving without notice, and then "dirty urine" if you are on drug offender probation.

Failure to pay costs of supervison are more common, but most of the Judges in Fort Lauderdale will not sign a violation of probation warrant unless the failure to pay is willful: that means you have the money but refuse to pay.

Rule One: Call a lawyer. Contact a Fort Lauderdale criminal defense lawyer BEFORE, not after. Your South Florida criminal defense lawyer can get you a hearing before your judge and avoid the probation violation by obtaining a modification of probation terms.

Prevention is the best way to avoid a violation of probation warrant. Call a south Florida or Fort Lauderdale criminal defense lawyer and get a consultation. Call Ralph Behr at 954-761-3444 for a no-fee consultation 24/7. Out of State: call 1-800-761-3446. Call Now, the call is free, the peace of mind is priceless.

No. A police officer can stop you can talk to you but you don't have to respond. If you believe you are the focus of a criminal investigation, or a person of interest, ask for a lawyer.

The only person who can force you to answer any questions is a judge. Police can ask, you don't have to answer,

If you been arrested in Fort Lauderdale and made a confession, it's not enough for a conviction.

The corpus delicti rule means the state must have actual evidence in addition to a confession before judge will allow a jury to deliberate.

Fort Lauderdale criminal defense attorney Ralph Behr recently litigated that very point before a Fort Lauderdale criminal judge, and won.

If someone is arrested, and then makes a confession, that's not enough to seek a conviction and sentence. Consult with your South Florida criminal defense attorney in Fort Lauderdale or Miami to get clear on this. Or call Fort Lauderdale criminal defense attorney Ralph Behr.

Fort Lauderdale Florida news broadcasters are howling for justice.

A narcotics undercover officer from Coral Springs left his canine police officer dog partner in a hot car and the dog died.

It's now a hot topic: do we arrest and convict the human cop who is responsible for the death of a canine cop?

Do the authorities let him cop a plea?

Should he be sent to prison for canine murder? Is this a homicide? A dogicide? Is it the same as causing of death of a human police officer? Will it be swept under the proverbial rug?

Stay tuned. Your Fort Lauderdale criminal defense attorney Ralph Behr is watching this case closely.

If you are reader, look up Florida statute 849.19, it makes it a third-degree felony to injure or cause the death of a canine police officer through negligence or criminal intent.