Articles Posted in Crime News

Your host and writer, South Florida Criminal Defense attorney Ralph Behr appealed an adverse ruling on self defense in Florida and made new law.
The Florida legislature created a new statute concerning when it is okay to use force to defend yourself or others. The law formerly only permitted the use of self defense when you are standing your ground in a protected area, such as your home. The new Florida criminal statute said that a claim of self defense creates immunity from prosecution unless a determination is made that the use of self defense was wrong.
The statute uses the term immunity. South Florida criminal defense attorneys understand immunity means the State cannot prosecute. Immnity is a bar, not a defense. No means no, right? Well maybe.
The appellate court did not agree with south Florida criminal defense attorney Behr and ruled that the correct procedure is to file a motion to dismiss and argue law. Attorney Behr argued that immunity means immunity, not a hearing on the facts. No said the local court of appeals and now it’s off to the races?
Two differing opinions came from two courts of appeals in the State which makes this ripe for review by the Florida Supreme Court, and so it shall be. If you are charged with a crime in South Florida contact attorney Behr: he just made some new law on a very important issue: self defense.

D’Anne Leigh Mica, 34, was arrested by police in downtown Orlando last Friday in the wee hours for driving under the influence. Her blood alcohol content was twice the legal limit in the state of Florida. She just left a Mexican restaurant and divulged to officers that she has downed one or two cocktails. A $500 bail was put on her release from Orange County Jail.

An arrest for Driving under the influence (DUI) of alcohol or drugs is a serious offense, and a driver can be charged with a DUI offense if his or her blood alcohol level tests at .08% or higher. The state of Florida has some of the toughest DUI laws in the United States.

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Eleven individuals were arrested in a major drug trafficking investigation undertaken by the Department of Justice’s Organized Crime Drug enforcement Task Forces programs. Most of the individuals were felons found to be in possession of various types of firearms, as well as crack cocaine or cocaine derivatives. A major kingpin, “Antonio Marroquin”, was indicted during the operation. He was one of the biggest distributors in the Manatee area. Total seizures obtained about four kilos of cocaine, $250K in cash and nearly $1 million in property and various assets.

Under Federal law, penalties for drug crimes can be more severe than if a person were found guilty of a drug crime under state law. A person found guilty of a drug crime under Federal law can face life imprison and be required to pay a fine of up to $8 million.

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Carlos Dunlap, a football player for the Florida Gators college team, was arrested for driving under the influence in Gainesville this past weekend. He was pulled over at 3:25 am by an Alachua County Sheriff’s officer and tested positive for impairment while operation a motor vehicle. In the world of college football and especially for the Florida Gators, this is a big loss because the coach for the Gator’s football team will not be starting the defensive end due to this criminal infraction. The Gators are scheduled to play in the SEC Championship game this coming Saturday. DUI and other criminal offenses are not acceptable or given “free passes” to by the police in Gainesville, even to their star football players.

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Palm Beach County will no longer allow new pain clinic centers to be opened in an effort to crack down on illegal operations and put in place more stringent codes and laws. Illegal prescription drug abuse are being peddled by convicted drug dealers and even serial killers, some who have been opening these clinics for the public. Authorities have said that fatal drug overdoses are on the rise in relation to the spread of pain clinics opening up in the area. New laws coming in to legislation by December 2010 will allow the state to set standards on prescriptions from these facilities and the creation of a statewide database of prescriptions made and filled.

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Oscar Hernandez, 19, Miguel Santiz, 25, and Victor Sanchez, 20, were all arrested in the two-day abduction of a couple and their son in Winter Garden. A victim, Marcela Borges, 27, was forced at gunpoint to withdraw $24,000 from a bank and then she was shot when trying to escape. Lt. Keith Ralston of the police department in the area stated, “It appears to us that it is not a random act.” The four armed intruders got into the house of the victims, kept them blindfolded and transported them north to where they were to be kept captive overnight.

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Getting a criminal record expunged is a common thing to do today. Students are taking advantage of this process in order to make clear records for any future employment and career opportunities they may be pursuing. One student, Debbie Robinson, 20, will be applying for a expunging of her record before she starts applying to become a nurse. She used some weed and got caught a high school football game a few years ago. There are some catches though to do this. In order to have records sealed or expunged, no adjudications of guilt or prior expunges must have occurred in the State of Florida. It costs another $75, a fingerprint form and a certified copy of some forms then one can become eligible to have their records sealed or expunged.

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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.

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Jimmy Smith, a former Jacksonville Jaguar football player, will be doing 18 months probation on a conviction of possession of cocaine. Smith was stopped by Florida Highway Patrol last April for dark tints on his vehicle. 6 grams of cocaine were found in the vehicle as well as 3 grams of marijuana and some other drug paraphernalia. Smith was place on probation following his hearing regarding all the drug charges and suspended license. Driving with a suspended license is illegal in the state of Florida. Probation is not something new to Jimmy Smith. He was on probation for a DUI last year.

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Chrystina Lynn Mercer, 25, has been charged with neglect of a child with aggravated circumstances and interference of child custody. The 7 month old child was reported missing and found 4 days later in a box at a babysitter’s house. “They gave us consent to search the home and we found the baby in a box under a bed, with stuff pushed around the box to hide the baby,” said Washington County Sheriff Bobby Haddock. The baby was taken to a hospital and found to have no health issues. The child has been put in protective custody. Police say they have never had a case like this.

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