South Florida Criminal Defense Lawyer Blog http://www.southfloridacriminaldefenselawyerblog.com/ Published by Law Offices of Ralph Behr, Esq., P.A. en Copyright 2010 Sun, 28 Feb 2010 01:37:41 -0500 http://www.sixapart.com/movabletype/?v=3.33 http://blogs.law.harvard.edu/tech/rss Your Right to Bail is in the United States Constitution After an arrest a detained person is brought before an impartial magistrate (a judge) and has a right to a reasonable condition of release. It is the law. The only exceptions to bail are for capital charges, armed drug trafficking, kidnapping and some federal terrorist charges. At the bond hearing you have the right to be represented by an attorney. The magistrate must set a reasonable bond. A reasonable bond is one that is possible for the individual, not some arbitrary amount or standard bond. Pre-trial release is a favored program in Fort Lauderdale, where it has been recently expanded to permit non-indigent criminal defendants to be released with GPS monitors and travel restrictions. All criminal courts in South Florida hold bond hearings 365 days a year. Miami criminal courts, both federal and Florida criminal courts, set conditions of bond that permit the posting of a guarantee by personal surety, Fort Lauderdale (Broward County) does not: there you are required to post the cash amount or have a bond agent issue a “power number” for the bond amount.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/your_right_to_bail_is_in_the_u.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/your_right_to_bail_is_in_the_u.html Legal Information Sun, 28 Feb 2010 01:37:41 -0500 Extradition: Not Your First Choice for a Trip to Fort Lauderdale An outstanding warrant means a trip to Fort Lauderdale, usually by jitney bus in leg irons. It can take between four and ten days, and the hotels on the way prepare you for a stay at the Fort Lauderdale jail. Not so nice. A warrant, (also called a capias if issued by a judge from the bench), is a pick-up order. All States share the outstanding warrants lists and will hold you until the State that wants you either agrees to pay the transportation (issues a “governors warrant”) or says pass, in which case you are released. If you have been arrested in Fort Lauderdale or Miami, on a Florida criminal charge, or a federal criminal charge, a warrant is issued until you appear before a judge and are granted bail or pre-trial release. If you fail to appear at any court-set hearing a capias (warrant) is issued. Violations of probation warrants are the most common, and the most common violation of probation warrants are issued for missing a check-in with your probation officer, or leaving Florida and moving without permission and without the receiving State agreeing to supervise the probation or community control. Both Federal criminal courts and Fort Lauderdale and Miami criminal courts hear violation of probation matters. If you have been arrested or have reason to believe a violation of probation warrant is out there: call a criminal defense attorney and let him/her help you.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/extradition_not_your_first_cho.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/extradition_not_your_first_cho.html Violation of Probation Warrants Fri, 26 Feb 2010 14:22:01 -0500 Criminal Arrests In Fort Lauderdale and Miami Florida Miami led Florida counties in arrests last year with a total of 154,257. Miami criminal arrests numbers are for Miami – Dade county which includes the major cities of Hialeah (11,765 arrests), Miami Beach (12,740) and the City of Miami (57,466 arrests). Broward County arrests last year totaled 90,820. Included in the Broward totals are the major cities: Fort Lauderdale (13,940 arrest), Hollywood (8,203 arrests), Pompano Beach (6,705 arrests) and Davie (5,097 arrests). The Florida Department of Law Enforcement website has more arrest totals and information on criminal histories, a sex offender database, and unsolved homicides.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/criminal_arrests_in_fort_laude.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/criminal_arrests_in_fort_laude.html Florida Crime In The News Wed, 24 Feb 2010 01:55:37 -0500 Waiting For the Call? Extradition and South Florida Criminal Courts A client of mine in 2009 paid over $1000.00 for extradition costs when he was arrested in New York on a Fort Lauderdale violation of probation warrant and transported to jail in Fort Lauderdale. He then waited ten days in jail before he saw a judge. Fort Lauderdale and Miami criminal courts have outstanding violation of probation warrants that are active in the national search system available to every police officer in their cruiser (cop car). If you missed a court date, or left Florida before completing probation call any Florida criminal lawyer and have him/her check for you. It’s not always bad news….some lawyers have mastered Due Process motions to dismiss violation of probation warrants that are very old. Your lawyer can file motions for reprimand hearings or early termination hearings on violation of probations and quash warrants that are legally defective or filed after expiration of a probation term. Miami and Fort Lauderdale criminal lawyers are your problem solvers if you are proactive and don’t wait to be extradited. So if you think there may be an outstanding violation of probation warrant for you, contact any Florida criminal defense lawyer in Fort Lauderdale, or Miami, today. You will get a better result if you walk into court voluntarily then if you are dragged in from jail.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/waiting_for_the_call_extraditi_1.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/waiting_for_the_call_extraditi_1.html Violation of Probation Warrants Tue, 23 Feb 2010 11:02:26 -0500 White Lite? Federal Judge Gives “light” Sentence to While Collar Criminal Thinking of adding your name to the growing list of white collar criminals with your own brand of Ponzi? Here’s some advice: New York’s federal courts are sympathetic to late lifers who commit white collar crimes. New York Federal Judge Jack B. Weinstein gave a nine year prison term to sixty year old Edward T. Stein who defrauded his investors out of $46,000.000.00, yes… 46 million…a trifle for our local boy Mr. Rothstein. So open a hedge fund with your social security check and go at it! Federal criminal defense attorneys, like me, are anxious to file change of venue motions to move our federal white collar criminal cases to Brooklyn Federal Court for a more ‘sympathetic’ judge. Our South Florida federal criminal judges give out longer sentences. Maybe this will cause a reverse tide of scammers….imagine Mr. Rothstein’s New York branch? So round up your hedge fund white collar scammers, call your “client”-victims and move North! Yahoooooo!

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/white_lite_federal_judge_gives_1.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/white_lite_federal_judge_gives_1.html Florida Crime In The News Mon, 22 Feb 2010 01:34:55 -0500 Elin Nordegren Wife of Tiger Woods; Domestic Violence and the Law 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.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/elin_nordegren_wife_of_tiger_w.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/elin_nordegren_wife_of_tiger_w.html Domestic Violence Crimes in Florida Sat, 20 Feb 2010 08:34:31 -0500 New Drug Court Rules in Fort Lauderdale On January 22, 2010 the chief administrative judge of the 17th Judicial Circuit (Fort Lauderdale, Florida) issued a new administrative rule which allows Drug Court to accept criminal defendants in Florida with substance abuse problems, even if their drug charges are more than mere possession. Prior to the new rule the only defendants charged with drug possession, such as possession of cocaine, or possession of oxycodone could be admitted to drug court. The expanded rule does not permit those charged with trafficking in cocaine or trafficking in cannabis (marijuana) to enter drug court, but it does permit Florida criminal defendants with drug delivery or drug paraphernalia charges to be admitted. Call your local Florida criminal defense lawyer in Fort Lauderdale for an update on the new rule. Florida criminal defense lawyer Ralph Behr filed the first legal motion to admit one of his drug arrest clients into the drug court program. This will be the first test case to admit a cocaine delivery criminal defendant in Florida into drug court. Stay tuned for an update in March of 2010.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/new_drug_court_rules_in_fort_l.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/new_drug_court_rules_in_fort_l.html Drug Offenses Thu, 18 Feb 2010 09:30:30 -0500 What To Do If You Think You Have A Violation of Probation Warrant First: deal with it NOW! Call your Florida criminal defense lawyer and do the following:

1) Read your “Final Disposition” issued by the Judge at your sentencing hearing: note all ‘special conditions’ that were imposed.
2) Read the Florida criminal statute which lists the standard conditions of probation.
3) Have your Florida criminal defense lawyer obtain a copy of your violation of probation warrant and see exactly what violations are alleged in the warrant.
4) Have your criminal lawyer deal with the probation officer and the prosecutor to work towards a resolution.
Not all violations are major enough to send you to jail. But being an absconder (away for a long time) is almost always enough to get you a jail term. Your first court appearance is where you either admit or deny the alleged violations. If you deny the prosecutor has ten days to prepare for a violation of probation Evidentiary Hearing. At that hearing the prosecutor has to prove the violations with witnesses or evidence. Sadly, Florida criminal law permits hearsay to be admitted at violation of probation evidentiary hearings. Call your Florida criminal defense lawyer for an opinion on the violation. Some violations of probation are technical or minor and will not expose you to a jail sentence.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/what_to_do_if_you_think_you_ha.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/what_to_do_if_you_think_you_ha.html Violation of Probation Warrants Tue, 16 Feb 2010 09:07:33 -0500 What Are Federal Criminal Courts and How Do They Differ from Florida Criminal Courts? Our national government in Washington, D.C. duplicates many Florida criminal laws. Florida criminal laws are enforced by the State of Florida in our State criminal courts. The U.S. government enforces its own set of federal criminal laws in federal criminal courts. Criminal defense attorneys have to be licensed to appear in each court. Florida criminal courts are conducted under the Florida Rules of Criminal Procedure. Federal criminal courts have their own Federal Rules of Criminal Procedure. The rules are very different and being familiar with them is essential for criminal defense lawyers. Filing dates and times, rules of evidence, motion practice; all differ significantly. Federal criminal cases have different views of search and seizure, confessions, proper and improper police procedures than Florida criminal laws. Florida has its own constitution which differs from our U.S. federal constitution. Although Florida constitutional rights can give greater protections and safeguards from governmental reach into the lives of Florida residents it cannot lessen or diminish those rights guaranteed by our federal constitution..

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/what_are_federal_criminal_cour_1.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/what_are_federal_criminal_cour_1.html Legal Information Mon, 15 Feb 2010 08:55:09 -0500 Getting Hot Under the White Collar? Federal Prosecutions Go Postal ! Criminal prosecutions, like skirt heights, seem to go up and down with the economy. White collar crimes, such as money laundering, telemarketing fraud, embezzlement, counterfeiting, kickbacks and honest services fraud cases are increasing in federal court. Criminal law doesn’t change, but prosecutors in federal court focus on certain crimes when the economy changes. And things have changed. Derivatives dissolved but security fraud cases have gone up, as have other federal prosecutions. Criminal defense lawyers have seen federal court white collar crimes become an increasing focus of federal prosecutors in Miami and Fort Lauderdale. If you are a “person of interest” in a federal or state criminal inquiry, call for a consultation. Know your rights and understand the process and gain some insight into how your constitution works and how the police can twist the constitution until most criminal lawyers can’t believe we are all in the same country under the same constitution. Knowledge is power.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/getting_hot_under_the_white_co_1.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/getting_hot_under_the_white_co_1.html Federal Criminal Lawyer Sun, 14 Feb 2010 20:19:38 -0500 Violation of Probation - The Process in South Florida Criminal Courts Violation of Probation problems start with a warrant request from a probation officer. If you, or someone close to you, is on probation in Miami, Fort Lauderdale, Hollywood or Palm Beach, start with knowing the terms and conditions of your probation. A Violation of Probation warrant must list the condition and how it was violated. Some probation conditions are considered “technical” others are “substantive”, i.e. some are not important enough to get one violated, others are. The conclusion of a technical vs. a substantive violation is made by a sentencing judge at a violation of probation hearing.
Step One: KNOW your probation conditions. They appear in your sentencing order, in the probation statute, or ask your probation officer. Step Two: keep close contact with your probation officer. Most violations are merely a matter of bad communication or missed check-ins. A violation of probation warrant means you will be picked-up and held in jail until a judge can hold the first of two hearings. At your first hearing you admit or deny the allegations contained in the Violation of Probation warrant. If you deny them you will be held over (usually a minimum of ten days) and then you can have a Violation of Probation Evidentiary Hearing. The State must prove the condition was in your probation and that it was violated. An experienced South Florida Criminal Defense lawyer from Miami or Fort Lauderdale, Hollywood, Davie or most of the towns in Broward County usually has his law office near the Courthouse in downtown Fort Lauderdale. Like a surgeon needs to be close-by his hospital, a real criminal defense lawyer is located near to the Fort Lauderdale jail and courthouse. Call for a free consultation if you have any questions or issues related to probation or a violation of probation warrant from courts in Fort Lauderdale, Miami, West Palm Beach or South Florida.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/violation_of_probation_the_pro.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/violation_of_probation_the_pro.html Violation of Probation Warrants Fri, 12 Feb 2010 11:35:09 -0500 Federal Drug Trafficking Laws Florida has its own set of criminal laws. Each State has their own laws. In addition we are all subject to Federal (US government) criminal laws. Both Federal criminal drug trafficking statutes and Florida drug trafficking laws exist and we can be arrested in South Florida and be charged in either Federal Court for a violation of federal criminal laws OR Florida courts (Miami, Fort Lauderdale, West Palm Beach, or any other Florida jurisdiction) and charged with a crime in Florida. Federal drug trafficking punishments are different from those of Florida. A basic understanding of federal drug trafficking punishments is posted here on this website (press HERE to go to Federal drug trafficking punishment chart). For an understanding of what it means to be arrested in South Florida and charged with a drug charge, such as drug trafficking, delivery of a controlled substance, possession of cocaine, or possession of any controlled substance: call a South Florida criminal lawyer for more information.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/federal_drug_trafficking_laws.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/federal_drug_trafficking_laws.html Drug Trafficking in Cocaine Thu, 11 Feb 2010 11:36:23 -0500 Fort Lauderdale Pre-Trial Release Program Extends Get-Out-Of-Jail-Free Program to Non-Indigent Criminal Defendants In these hard economic times it is a welcome gift for criminal defendants in Fort Lauderdale jails to be offered GPS bracelets and let out of jail without posting bail. The Pre-Trial Release Program, originally intended for indigent defendants, has broadened itself to embrace criminal defendants who have the financial resources to pay for their bond. The explosive growth of the government financed program has become the focus of a major political struggle. Supporters of expanding Pre-Trial Release are maligning Bail and Bond agents who insist they can do the job of getting criminal defendants to court for less money. Bond Agents say Pre-Trial Release should be pared back and limited to indigents only. State Senator John Thrasher (Republican from Jacksonville) has introduced a controversial bill in the Florida Senate that will curtail Pre-Trial Release. The bill would limit the program to the indigent. National Public Radio shined a national spotlight on this issue in a radio report aired in late January 2010 which did little to calm the waters. The broadcast inflamed the already heated fight by allegedly airing false statistics about the program’s success rate and cost.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/fort_lauderdale_pretrial_relea_1.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/fort_lauderdale_pretrial_relea_1.html Fort Lauderdale Crime in the News Mon, 08 Feb 2010 06:25:55 -0500 Feds to Push for Arrests in South Florida for "Economic Crimes" The chief law enforcement officer of the Federal Government (our protectors/masters in DC) Attorney General Eric Holder announced his marching orders: Arrest all those who commit “economic crimes”. In his speech to the National Sheriffs’ Association’s at their 2010 Winter Conference he set out on his warpath to end economic crimes. (He omitted to address bankers and stock brokers). In his speech he said the Feds plan ….”To give particular emphasis to initiatives aimed at tackling economic crime, international organized crime, youth violence and the exploitation of children. “South Florida criminal lawyers, like your host, have been inundated with mortgage fraud, credit card fraud and identify theft cases. In fact the Office of the Statewide Prosecutor has a staff working fulltime on prosecuting mortgage fraud cases.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/feds_to_push_for_arrests_in_so.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/feds_to_push_for_arrests_in_so.html Federal Money Laundering Crime in South Florida Sun, 07 Feb 2010 11:35:07 -0500 What To Ask When Hiring a Federal Criminal Lawyer Here are a few questions to ask when you are interviewing to hire a federal criminal lawyer:
1. Does he/she have a PACER CM/ECF number? If the answer is “what’s a PACER CM/ECF number? Hang up the phone and call the next lawyer on your list.
2. Does he/she have a subscription to the publication ‘Florida Law Weekly Federal’, it’s expensive and most lawyers won’t pay the $500.00 yearly cost, but if he/she doesn’t read it weekly then he/she is definitely NOT on top the law and federal criminal law IS CONSTANTLY changing.
3. How many federal cases are active in his/her office? Most competent and active federal criminal lawyers have, at a minimum, five active cases in federal court. Don’t bother to ask their success at trial because most federal trials end up in conviction because federal courts have become famous for railroading defendants into convictions.

Winning in a federal criminal prosecution is only a possibility if your federal criminal lawyer is a wiz on procedure, can nail evidentiary issues hard and fast, and has earned the respect (and fear) of Assistant United States Attorneys in the local federal criminal courts. Power in Federal court is earned by fighting and winning motions and procedural issues. Federal court can be a sinkhole if your Florida criminal lawyer isn’t a real federal criminal lawyer, and that means in court, in front of judges and dealing with federal court cases in a significant number of cases. At a minimum it should be 30% of a criminal lawyer’s practice before they can be a real federal criminal lawyer and not a local lawyer trying to grab-off a case that is beyond their capabilities.

]]> http://www.southfloridacriminaldefenselawyerblog.com/2010/02/what_to_ask_when_hiring_a_fede.html http://www.southfloridacriminaldefenselawyerblog.com/2010/02/what_to_ask_when_hiring_a_fede.html Federal Criminal Lawyer Sat, 06 Feb 2010 16:13:24 -0500