South Florida Criminal Defense Lawyer Blog

The Wall Street Journal and Slate, continue to ask why local authorities in Florida have not charged Elin Nordgren, wife of Tiger Woods, with aggravated battery.
Florida’s domestic violence law, and the State’s policy of gender-neutral enforcement, has run up against a wall of silence from Florida authorities charged with enforcing the law. Florida’s Aggravated Battery statute has been used by prosecutors throughout Florida in domestic violence cases. The Florida Highway Patrol’s investigation is still active and has not been made public.

Wondy Pierre-Louis, a member of the Florida Gators football team, is being sought after by police on a warrant for a domestic violence charge. The former cornerback allegedly strangled his now former girlfriend after catching her in bed with another man. "I could kill you" was exclaimed by Pierre-Louis as he choked her with his shirt off. She attempted to run away during the entire incident and finally got away long enough to call the police. Gainesville Police Department's Lt. Keith Kameg officially stated that Pierre-Louis has a warrant issued for domestic battery by strangulation, burglary, battery, false imprisonment and hindering communication to law enforcement.

Continue reading "Florida Gator Has Warrant for Domestic Violence" »

Professional golfer Tiger Woods was involved in a car crash and altercation with his wife and their Cadillac Escalade a few days ago. Woods sustained a bloody lip and it is alleged that his wife had a golf club and attacked him and the vehicle. Domestic violence charges have not sprung up yet, if at all, from this incident. The reason for this is up to you to decide. No other charges have been filed yet and Florida Highway Patrol is investigating the matter.

Continue reading "Domestic Violence Appears to Have Occurred in Tiger Woods' Incident" »

Palm Beach County, FL has topped the charts as being the 4th highest for foreclosure rates in the country. Along with this figure, the county has claimed a massive spike in domestic violence and child abuse incidents. The last few years have seen a spike of cases where children were killed by being shaken. This is up from prior years. Spousal-related homicides have also skyrocketed over the last few couple of years. Suzanne Turner, the CEO of YMCA Harmony House in Delray Beach, says that she has increased the amount of services she provides for women who need housing. Her organization is running at full capacity. Upper income class people down to middle income class are coming for assistance to these shelters due to parents being out of work and an increase in incidents of domestic violence.

Continue reading "Domestic Violence On Rise in Palm Beach County" »

Wilfred "Will" Billingsley, 25, was arrested on charges of battery and resisting an officer without violence. He reportedly attempted to throw his girlfriend out the front door of their home after an argument stemming from her putting his shoes outside. Billingsley's girlfriend had minor injuries sustained to her arm and neck. The 'resisting without violence' charge occurred when Billingsley, according to police reports, said that he "couldn't go to jail" while pulling his arm away from the officer effecting an arrest.

Continue reading "Florida Dolphins Football Player Accused of Battery" »

The Dieu family is at the center of media attention revolving around their gruesome murder by the man of the house. He fled to Haiti after killing at children and his wife. Police in Haiti caught him once he was off the flight and he is now in custody. Mackindy Dieu, a relative to the family murdered, never noticed any abusive behavior involving the couple. "He never showed any aggression toward her, when I was around, because he knew I wouldn't put up with that crap," he says. Police say this incident was one of the most tragic they have seen in a long time.

Under Florida law, a person who is arrested for domestic violence (DV) can be charged with battery, assault, kidnapping, false imprisonment, or certain kinds of sexual abuse. The accused must also be held in jail without bond until he or she speaks with a judge.

Continue reading "Family Killed by Father in Florida Makes Headline News" »

James Earl Taylor, 40, and Mary S. Childers, 44, were arrested last Sunday for domestic assault. Bedford County Sheriff's Department stated that their deputies arrived on the scene to find the couple in an argument. The two were "involved in a verbal altercation" during which the Frito-Lay product of Cheetos snacks were used to assault one of the partners. Sheriffs found evidence of the assault yet "no physical marks on either party and the primary aggressor was unable to be determined." Both members of the party were charged $2500 in bond.

Continue reading "Domestic Violence by Use of Cheetos Food Product" »

Christina Garcia of Polk County, Florida, has been charged with two counts of domestic violence in the abuse of her daughter Mercades Nichols. Nichols claimed the two had a verbal argument that progressed rapidly into a physical altercation. Police statement report Nichols saying she was "grabbed by her hair, kicked ... several times in the pelvic area and spit [on] her face." Another fight between the two broke out an hour later after the subsiding of the first confrontation. Nichols is no innocent in this incident. In 2008, she was charged in the videotaping of a beating of another teen in Polk County.

Domestic violence is a destructive crime that separates families, homes, and lives. In this incident, a mother and daughter were amidst the fog of conflict and struck blows to each other. Whenever assault and then battery are evident in some encounter, the results can never be good unless it was in self-defense.

Florida Statute defines "domestic violence" as:

any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Continue reading "Domestic Violence on Cupid Day in Florida" »

MORE MORTGAGE FRAUD CONVICTIONS IN SOUTH FLORIDA

The United States Attorney for South Florida announced mortgage fraud convictions of Vincent Artuso and John Artuso. Both were sentenced to 108 months of prison.

Restitution of $5,814,000.00 was ordered. Both were convicted of mortgage fraud and RICO as well as money laundering.

Many real estate professionals and mortgage brokers have been drawn into an ever widening prosecution by the Statewide Prosecutor of Florida and the United States Attorney for Southern Florida.

If you have been arrested, charged, or are the subject of an active investigation you need a south Florida criminal attorney who specializes in Federal and State criminal charges. Mortgage fraud defenses are a specialty of attorney Ralph Behr, with offices in Fort Lauderdale. Attorney Behr represents many accused of crimes in Fort Lauderdale, Palm Beach, Miami and all of South Florida. Call for a free consultation.

Domestic violence, murder, and Florida criminal law

In a domestic violence case that will have a significant effect in South Florida the US Supreme Court ruled that introduction of the victim's calls to the police cannot be introduced in a domestic violence criminal trial.

In the case of Giles v. California a prosecutor introduced reports of prior threats against the victim. The Supreme Court ruled the reports alone, without the right to cross-examine, violate the confrontation clause.

Domestic violence, battery, and date rape crimes, are an increasing focus of aggressive prosecutors in Florida. In fact, in Fort Lauderdale and Miami, criminal trials for these charges are so much a focus of prosecutors that special trial divisions have been created in Miami, Fort Lauderdale, and West Palm Beach.

Domestic violence, and battery cases require a specialized knowledge for criminal trial lawyers to be effective. In South Florida many lawyers specializing in criminal trials and criminal defense have extensive trial experience in domestic violence cases.

If you or a loved one has been charged with battery, or domestic violence, call for a consultation with a criminal defense attorney experienced in that area of law. Local criminal defense attorney Ralph Behr is available to you for a free consultation. Attorney Behr has been practicing criminal law and criminal defense since 1976 and is available for telephone consultations.