South Florida Criminal Defense Lawyer Blog

FLORIDA DUI LAWS

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!

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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South Florida, Fort Lauderdale, Miami and West Palm Beach, have become a hotbed of prosecution for mortgage fraud.

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.

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Posted In: Florida Criminal Law News

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In Florida DUI cases a blood alcohol reading from a breath-test device allows the prosecutor to tell the jury that the defendant is presumed intoxicated.

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.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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All my loyal blog readers have a chance to let me know what to do about the law. Vote by emailing me at ralph@ralphbehr.com
A YES vote means: yes: the jury should hear from the judge about the penalty (jail sentence) if they convict a defendant.
A NO vote means: No: the jury should not hear the possible sentence if they convict.
If you have a reason to vote yes or no I'd like to hear it. I will let you know how the voting went on October 15th. Thanks, R Behr

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Posted In: Florida Criminal Law News

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SHOULD I POST BAIL FIRST? CALL A LAWYER? CALL A BONSMAN?

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.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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VIOLATION OF PROBATION & VIOLATION OF COMMUNITY CONTROL IN FORT LAUDERDALE

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.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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FLORIDA LAW ON BURGLARIES

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.

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WHAT HAPPENS AFTER A VIOLATION OF PROBATION WARRANT IS FILED?

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.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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IF I'M ARRESTED IN FORT LAUDERDALE DO I HAVE TO TALK TO THE POLICE?

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,

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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CORPUS DELICTI: IT'S NOT DEAD IN FLORIDA

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.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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MARIJUANA GROW HOUSES IN FORT LAUDERDALE

Effective August 2008 Florida has enhanced the penalties for marijuana production.

Possession of marijuana in smaller amounts remains a misdemeanor. However for those who grow marijuana plants the previous threshold of 300 plants for a first-degree felony, has been lowered.

Manufacture of marijuana, a big business in Fort Lauderdale, Miami and Palm Beach, may soon be out of business. As Florida enhances penalties for growing plants arrests may soon peak.

The Statewide task force investigating the crime of growing marijuana commercially have increasingly focused on eradicating grow houses in the Fort Lauderdale Miami area. The new law is expected to increase the importation of marijuana from out-of-state.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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ARRESTED IN FORT LAUDERDALE? WHAT IT MEANS TO BE A PRINCIPAL

In any criminal courtroom in South Florida, Fort Lauderdale or Miami or West Palm Beach, those charged with possession of cocaine or possession of any controlled substance are convicted for things they didn't do? How can that be?

The principle rule, derived from Florida criminal statute 777.0 11 says if a criminal defendant helped another person to commit a crime, the defendant is a principal and will be treated as if he had done all the things the other person did. The only thing they prosecutor needs to establish is that you did some act or word which was intended to encourage or assist the other person with the intent for them to act criminally.

If you have been charged with a crime in Fort Lauderdale, or Miami, or If you've been arrested and charged with possession of a controlled substance, for example possession of cocaine, you should and must understand the so-called criminal principal rule. In simple terms: in for a penny, in for a pound.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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IDENTITY THEFT BASICS: FORT LAUDERDALE IS A HOT LOCATION

Fort Lauderdale and Miami are hot spots for identity fraud. Sadly or not it is a fact of life for those living in Broward County, Miami and Palm Beach.

Taking a victim's identity to obtain credit is the most common identity fraud committed here in Fort Lauderdale. The thief can capture identity information by attacking your computer or capturing data online.

To protect oneself you can go to the Florida identity theft website. Your credit card company, or bank can help. Fort Lauderdale criminal lawyers serve on various committees to help reduce identity theft. You can speak with a Fort Lauderdale criminal lawyer by calling the Florida Bar, or the Broward Association of Criminal Defense Lawyers in Fort Lauderdale, Florida.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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IF I'M ARRESTED: DO THE POLICE HAVE TO READ ME MY RIGHTS?

No. Huh?

Your right to remain silent only applies AFTER an arrest, not before.

If you are arrested in Fort Lauderdale, Miami or West Palm Beach you MUST know the difference between a stop, a detention, police contact, and the ultimate situation: an arrest.

To answer the question more fully know this: The arrest is valid even if no rights are read to you. If the police intend to use any statement of yours (confession) it cannot be used in court unless under the totality of the circumstances the statement is freely and voluntarily given and not the product of coercion or force.

For a fuller understanding of an arrest, and a stop, and your Miranda rights speak to a South Florida criminal defense lawyer. Contact the Broward Bar Association in Fort Lauderdale, or the Florida Bar for a list of South Florida criminal defense lawyers with offices in Miami, Fort Lauderdale, or Palm Beach.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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Many of those accused of crimes in South Florida are forced to agree to excessive amounts of money payments under the restitution element of their sentence.

The Fourth District Court of Appeals, which reviews South Florida criminal cases, clarified the rule. The court found that a Broward judge abused his discretion in ordering a restitution amount with insufficient evidence to support the dollar amount.

If you are on probation in Fort Lauderdale, Broward County, Miami, South Florida: contact your criminal defense attorney concerning the restitution amount of your sentence.

This new case clearly states that defendants who were forced to agree to pay restitution when there is insufficient evidence to support the dollar amount may appeal the restitution amount and have it reversed.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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Fort Lauderdale criminal defense attorney Ralph Behr has sent an advisory to his clients on probation. It concerns the recent ruling from the appellate court that covers South Florida: particularly Fort Lauderdale and Broward County.

The ruling clarifies when drug offender probation terms are added to probation for non-drug crimes

The new ruling clearly states: a defendant may not be sentenced to drug offender probation unless he has been convicted of an enumerated chapter 893 offense or agreed to such probation in a plea agreement.

If your probation has been violated because you failed to comply with drug offender probation requirements contact your South Florida criminal defense attorney. Ask if the charge was a drug-related charge; ask if the final disposition includes your voluntary agreement to drug offender probation.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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Florida DUI penalties were enhanced starting in 2008.

The principal change has been an increase in the fine: from $250 for a first DUI to $500.

If you are arrested and refuse to provide a breath exemplar your first refusal counts towards the newly enacted misdemeanor charge of breath-refusal.

Now it is a misdemeanor to refuse to provide a breath exemplar if you are stopped, and detained, and the officer undertakes a DUI investigation. The misdemeanor charge only arises on your second DUI arrest.

In South Florida, Miami and Fort Lauderdale, many criminal defense attorneys are asked by their clients if they should "blow", which means provide an air exemplar.

For a complete explanation go to the book Can The Police Lie To Me? Or ask a Fort Lauderdale criminal defense attorney.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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US currency (paper money) that circulates in Fort Lauderdale, Florida and south to Miami has the highest traces of cocaine in the world.

Possession of cocaine requires actual possession, knowledge and control. If you hold on too tight to your money you cannot be convicted of possession.

Former President George Bush (the senior) once produced a ten dollar bill that tested positive for cocaine. Of course he was in Miami when it happened.

You cannot get "high" from paper currency in Fort Lauderdale, but you can still spend it at the beach for a beer.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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In South Florida a Probation Violation means ten days of jail in Fort Lauderdale before you see a judge. Fort Lauderale is in the 17th Judicial Circuit, it does not include Miami.

A willful and substantial violation of probation generates a probation officer filing a request for a pick-up order: i.e. a warrant.

In Fort Lauderale, Broward County Florida, by local custom every probation violator comes before the judge after a stay in the Fort Lauderdale jail.

The Clerk usually makes you wait ten days before scheduling a first violation of probation hearing. At that first hearing we deny or admit the violation(s).

If you admit then the judge can sentence you immediately.

A denial requies a full hearing. At the hearing the State must prove the violations before the judge can revoke, sentence or return you to probation.

For more information call a South Florida criminal defense lawyer.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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Two West Palm Beach police officers were fired and one quit when their video camera, mounted in the front of the police cruiser, video-taped the officers kicking and punching a suspect who was in handcuffs.

South Florida criminal defense lawyers have been aware of the police brutality for years. Many lawyers represent those who are the victims of police abuse and then charged with battery on a law enforcement officer.

Miami and Fort Lauderdale have similar problems with police violence. If you have been the victim of police abuse contacts a local lawyer. You have rights, you can file complaints and your lawyer will see to it that a proper investigation is undertaken.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Florida Criminal Law News

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