Bloghttp://www.andrewdstine.com/blog-78.aspxblog west palm beach criminal defense lawyersupport@vestadigital.com (Andrew D. Stine, P.A. - Florida Criminal Defence Attorney)support@viestly.com (Vesta Digital)Wed, 22 Feb 2012 17:57:30 GMTWed, 22 Feb 2012 17:57:30 GMTViestly60Drug Trafficking Shifting to Crack Cocaine from Prescription Drugshttp://www.andrewdstine.com/blog-78/462-drug-trafficking-shifting-to-crack-cocaine-from-prescription-drugs.aspxLaw enforcement officers are seeing a rise in crack cocaine distribution around South Florida. The issue is making its way up the chain spurring undercover sweeps and the like. If you have been accused of possessing or trafficking cocaine, it is imperative you contact a lawyer immediately because law enforcement officials are trying to keep a closer eye on drug trafficking.

Crack Down in St. Lucie County
St. Lucie County Sheriff’s Office announced the arrest of 40 people allegedly involved in trafficking crack cocaine, according to an article in WPTV News. The sweep has been dubbed “Operation Crack Down.” Investigators are saying the rise that they are seeing in crack cocaine is due to the recent increase in strict legislation on pills like prescription drugs, making it more of a priority to target cocaine rather than the prescription drug problem in South Florida.

The article described the sweep, being very successful because the people involved were veterans in the drug trade.

"This is significant. This is a lot of street level dealers who have been doing (this) for many years. Their past history includes marijuana or crack cocaine," sheriff Mascara said.

Investigators described most of the people arrested as having significant pasts of drug convictions along with violence-related convictions. They are still looking for 13 others involved in addition to the 40 arrested.

Prescription Drugs Still a Problem
According to Beth Pernice, of New Horizons Mental Health Center, prescription drug trafficking is still a huge problem among the patients they see at the health center. Pernice said that workers at the center are preparing for what law enforcement is calling “a resurgence of crack use in St. Lucie County.” Pernice described there is generally a direct correlation of what happens on the streets and the type of patients that end up in the health center.

She stated:
"We're going to see a lot of people who have been on crack binges and they're going to become very psychotic because of that . So we're going to see an increase in mental health and substance abuse services."

Criminal Defense
If you have been charged with drug possession or drug trafficking, you are looking at extremely serious consequences if convicted. Regardless if it is crack cocaine or oxycodone, it is imperative that you contact a criminal defense lawyer immediately. A drug-related conviction will haunt you for the rest of your life and make life impossible after you have served your sentence.

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]]>Andrew StineWed, 22 Feb 2012 17:15:07 GMThttp://www.andrewdstine.com/blog-78/462-drug-trafficking-shifting-to-crack-cocaine-from-prescription-drugs.aspxWhat is the Difference Between Assault, Battery, and Domestic Violence?http://www.andrewdstine.com/blog-78/461-what-is-the-difference-between-assault-battery-and-domestic-violence.aspxIn the state of Florida, Florida’s Assault and Battery Law supplements domestic violence law. The difference is significant however because even though assault and battery are very specific in the crimes they cover, domestic violence is a specialized form of both in that the penalties are even more severe and the consequences are much more serious.

Assault, Battery, and Domestic Violence
Assault
As defined by Florida Statute 784.011: an intentional, unlawful threat by word or act to do violence to the person of another coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that violence is imminent. A person who commits assault is guilty of a misdemeanor of the second degree.

In simpler terms, if a person attempts to punch another person with his fist and misses, it is an assault.

Aggravated Assault
As defined by Florida Statute 784.021: aggravated assault is an assault with a deadly weapon without intent to kill; or with intent to commit a felony. A person who commits aggravated assault is guilty of a felony of the third degree.

For example, a person who points a gun at someone and threatens to shoot but refrains from shooting is committing aggravated assault.

Battery
According to Florida Statute 784.03: battery is defined as actually and intentionally touching or striking another person against his or her will; or intentionally causing bodily harm to another. A person who commits battery is guilty of a first-degree misdemeanor.

So the difference between assault and battery is that if the person who is threatening to punch another person actually strikes the person, it is now battery and not assault.

Aggravated Battery
Aggravated battery according to Florida Statute: 784.045 is when a person commits battery and uses a deadly weapon. So in our scenario we have been using, if the person who points a gun at another actually fires and injures the victim, it is aggravated battery (not assault or aggravated assault).

Domestic Violence
According to Florida law, domestic violence means any assault or battery, aggravated assault or battery, sexual assault or 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.

Domestic violence is under the umbrella of each of these 4 statutes but the difference is the severity in the penalties. Either the prison sentence is longer, or the restrictions after release are more severe, or some other situation that the judge deems necessary.

Criminal Defense
In any case, if you have been accused of committing domestic violence, you need assistance in understanding exactly what kind of sentence you could be looking at if convicted. It is important to contact a criminal defense lawyer immediately after your arrest. A criminal defense lawyer may be able to intervene and help you salvage the case by having you enroll in an anger management program or a violence prevention program. Contact a West Palm Beach criminal defense lawyer and learn more about your rights.

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]]>Andrew StineMon, 20 Feb 2012 15:20:59 GMThttp://www.andrewdstine.com/blog-78/461-what-is-the-difference-between-assault-battery-and-domestic-violence.aspxFraud in Palm Beach County School Districthttp://www.andrewdstine.com/blog-78/460-fraud-in-palm-beach-county-school-district.aspxIn the state of Florida, fraud is charged as a very serious crime. A person who commits fraud can be charged with anything from a third-degree felony to a first-degree felony depending on the amount of money taken by fraudulent means. Unfortunately, fraud and theft commonly happen in all areas of life. A story about a Suncoast HIgh School band leader made the news recently after he turned himself in for fraudulently using school funds for his personal expenses.

Fraud in Palm Beach County
According to an article in WPTV News, Ernest Brown, 51, turned himself into authorities yesterday evening. The high school band leader had been indicted on charges of fraud and misconduct for allegedly using school funds for himself, his family, and his friends to travel to Europe. He has since been released on a $6,000 bond.

These trips were intended to benefit high school students. Brown was able to hide his fraudulent activity by using funds from other school accounts, according to the article. It was reported that Brown created false documents showing that certain students had met their financial obligations for these trips to Europe when in fact that had not. The grand jury stated that he used his position as a public servant to "deprive non-band students use of their own funds."

Palm Beach County School District Under Fire
This case has led several people in the Palm Beach County community, including the grand jury itself, to question the care the district takes over its financial accounts. Because this is not the first incident in which a Palm Beach County school has been under financial investigation, the grand jury stated that the district should "re-assess and improve" its oversight over financial accounts.

According to the article, school officials said the district has fully cooperated with the state attorney's office and is reviewing discipline issues at this time.

Palm Beach County Fraud Lawyer
If you have been accused of committing fraud or theft in Palm Beach County, you are going to need the assistance of a criminal defense lawyer. An experienced lawyer should have a working relationship with the prosecution and will make sure that you can resolve your case by at least paying restitution. There are ways you can help yourself through this situation and it all starts with contacting a criminal defense lawyer.

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]]>Andrew StineFri, 17 Feb 2012 19:01:36 GMThttp://www.andrewdstine.com/blog-78/460-fraud-in-palm-beach-county-school-district.aspxSex Offenders Moving In Causes Eviction for Other Residentshttp://www.andrewdstine.com/blog-78/459-sex-offenders-moving-in-causes-eviction-for-other-residents.aspxWhen a person is convicted of a sex crime, after serving the sentence in prison, the defendant must register as a sex offender immediately after release. Sex offender registration is a public record. Anyone who requests this information as access to it including potential employers, landowners, fellow residents, or even school officials. Being a registered sex offender severely limits one's freedom and ability to make independent choices. While this can be difficult for the offender, what happens to those people who co-exist in the communities with sex offenders?

Sex Offender Migration in Pahokee
Sex offenders that have been released after serving their sentences have an extremely difficult time setting up lives for themselves. Being a registered sex offender is public knowledge and can limit even the most basic freedoms including where one can and cannot live.

In an effort to curb this issue, a prison minister wanted to create a community where sex offenders could live without scrutiny. However, he chose the community called Pelican Lake Village in 2008 to set up his Miracle Park, encroaching on the lives of 13 adults and 26 children. These families were forced to move due to the influx of registered sex offenders moving into town.

The owners of the community simply sent out a notice warning residents that if they had children, they must move or face eviction. In an outrage, the residents filed suit against the community. The jury of the case recently awarded $1 million to the residents who were forcibly evicted.

According to the Palm Beach Post:
"Families were just jettisoned to bring in sex offenders," said Vince Larkins, president and CEO of the fair housing agency. Federal and state laws prohibit discrimination based on familial status.
It is a difficult predicament because Florida law also makes it illegal for sex offenders to live within a certain distance of where children gather. These families were forced to leave their homes so the prison minister could provide housing for men and women who's shameful pasts are publicized to local residents.

Sex Crime Criminal Defense
If you have been accused of committing a sex crime, contact a West Palm Beach Criminal Defense Lawyer immediately. It is crucial that you get the legal help you need because if you are not fairly represented in your trial and the case results in a conviction, your entire life will change and not for the better. Being a registered sex offender will limit every aspect of your life. Call a criminal defense lawyer today.

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]]>Andrew StineWed, 15 Feb 2012 13:52:45 GMThttp://www.andrewdstine.com/blog-78/459-sex-offenders-moving-in-causes-eviction-for-other-residents.aspxRobbery Law in South Floridahttp://www.andrewdstine.com/blog-78/458-robbery-law-in-south-florida.aspxBank robberies may seem like they only happen in movies but in truth, it is a crime that is unfortunately common in the South Florida area. In fact, the FBI has been recently trying to track down a man who may have committed seven robberies since this past Christmas Eve. If caught, the robber is facing a seriously long time in prison in addition to heavy fines and a drawn out court case. He will need an extremely experienced criminal defense lawyer to help him through this process because his crimes have been subject to a lot of media attention.

Robbery Law in Florida
According to the Florida Statutes, robbery is defined as the taking of money or other property with the intent to permanently or temporarily deprives the person or the owner of the money or property. Robbery is different from burglary in that in the process of taking the money or property, the defendant used force, violence, assault, or putting the victim in a position of fear.

Robbery can be charged as a first-degree felony if the defendant carried a firearm or other deadly weapon. The defendant could face a life sentence in prison in addition to an obscenely large amount of fines. Robbery is still a felony, only a second-degree felony, if the defendant did not carry a firearm or deadly weapon of any kind.

Robbery in South Florida
According to WPTV News, the FBI is searching for a man suspected of committing up to seven bank robberies since Christmas Eve. The most recent robbery happened midday Firday at the Bank of America at 2300 E. Sunrise Blvd. in Fort Lauderdale, according to the article. The robbery occurred at 2p.m. on one of the busiest streets in Fort Lauderdale. There were customers inside the location at the time but no one was injured.
The amount of cash stolen was not disclosed by federal agents.

Robbery Criminal Defense
If you have been accused of robbery of any kind, it is critical that you contact a criminal defense lawyer immediately. While it may seem like there is no hope for you, depending on the evidence possessed by the prosecution, a criminal defense lawyer will work hard to investigate your case and make sure you are represented fairly in the court of law.

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]]>Andrew StineMon, 13 Feb 2012 16:36:08 GMThttp://www.andrewdstine.com/blog-78/458-robbery-law-in-south-florida.aspxAnimal Cruelty Awareness in Floridahttp://www.andrewdstine.com/blog-78/456-animal-cruelty-awareness-in-florida.aspxGovernor Rick Scott has proclaimed this week, the week of February 4-12 as the fourth annual "Florida Week for the Animals." The awareness week is dedicated to promoting awareness for animals and to give recognition to the organizations throughout that fight for animal rights. There are events like pet adoption festivals, educational activities, and even a salute to working and search and rescue K-9's. These events are put together to celebrate the animals within our community, and shine the light on people who work to prevent animal cruelty.

Animal Cruelty Laws in Florida
According to Florida Statute 828.12., the crime of Animal Cruelty can be charged when:
  1. A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, is guilty of a first- degree misdemeanor, punishable by a fine of not more than $5,000, or prison time.
  2. A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a third-degree felony, punishable by a fine of not more than $10,000, or prison time.
Veterinarians are immune from lawsuit due to a clause in the Florida Statutes that allow Veterinarians to perform their duties as necessary, without risk of being sued by the owner or the state.

Animal Cruelty Criminal Defense
There are dozens of organizations throughout the state of Florida that are dedicated to protecting animal rights. If you are in the unfortunate situation of being accused of the serious crime of cruelty to animals, you will be in the spotlight of not only the law, but several organizations as well. It is absolutely imperative that you contact a criminal defense lawyer immediately. Andrew D. Stine is a lawyer that is extremely well-versed in animal cruelty law. He loves animals and owns several, but understands how difficult it can be for clients who have been charged with this crime. Let an experienced criminal defense lawyer guide you through the legal process to come.

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]]>Andrew StineFri, 10 Feb 2012 18:05:00 GMThttp://www.andrewdstine.com/blog-78/456-animal-cruelty-awareness-in-florida.aspxPonzi Scheme in South Floridahttp://www.andrewdstine.com/blog-78/455-ponzi-scheme-in-south-florida.aspxPonzi schemes are investment fraud schemes that generally show up on the news. These fraudulent investments attract an abundance of media attention because they generally involve very wealthy people or people commonly known to the general public. In this case, Scott Rothstein and his uncle were co-conspirators in a $1 billion Ponzi scheme that is now coming to a close.

What is a Ponzi Scheme?
The definition of a Ponzi scheme according to the U.S. Securities and Exchange Commission is an investment fraud that involves the payment of falsified returns to existing investors from funds contributed by new investors. Ponzi schemers find investors by promising exceptionally high returns with little or no risk. They use money from new investors to pay the previous ones, without engaging in any legitimate investment activity, according to the SEC.

Ponzi schemes need a consistent flow of cash from new investors to continue. Once a schemer runs into difficulty recruiting new investors, the scheme tends to collapse. In other cases, a large number of investors ask to cash out and the schemer is caught.

Ponzi Scheme in South Florida
According to an article in the Palm Beach Post Scott Rothstein’s uncle, Billy Boockvor, the alleged co-conspirator closest to the convicted $1 billion Ponzi schemer, is expected to plead guilty to fraud in federal court Wednesday. Boockvor was at the disgraced Fort Lauderdale lawyer’s side during his wild four-year ride fleecing investors, he is facing up to five years in prison.

In December, he was charged with conspiring with Rothstein to falsify his law firm’s trust account records at Toronto Dominion Bank. The goal: to induce investors to buy bogus legal settlements. They collectively lost more than $350 million. The charge against Rothstein’s closest assistant brings the total number of employees and others prosecuted in the massive scheme to eight, including Rothstein, 49. He is serving a 50-year sentence on racketeering conspiracy charges, according to the Palm Beach Post.

Ponzi and RICO Defense
If you have ever been accused of fraud, or any of the crimes under RICO law (bribery, murder, drug trafficking, embezzlement, etc.), you need the assistance and expertise of a criminal defense lawyer immediately. If convicted, not only will you be forced to pay heavy fines but you will be facing years, if not decades in prison. A criminal defense lawyer can help you through this process.

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]]>Andrew StineWed, 08 Feb 2012 17:12:09 GMThttp://www.andrewdstine.com/blog-78/455-ponzi-scheme-in-south-florida.aspxGrand Theft Laws in Floridahttp://www.andrewdstine.com/blog-78/454-grand-theft-laws-in-florida.aspxGrand theft is defined as the unlawful stealing of another’s property that is valued at more than $300. If the property is less than $300, it is considered petty theft. Petty theft is usually the term used for shoplifters and other smaller crimes. Grand theft, of any kind, is considered a felony. The degree of the felony charge is dependent on the value of the stolen property.

In order to be convicted of grand theft, the state must prove that the defendant (1) deprived a person of the right to their property or the benefit thereof, or (2) appropriated the property for personal use or for the use of another person who is not entitled to the use of the property, according to the Florida Statutes. The varying degrees of grand theft are listed below.

First Degree Felony
First degree grand theft is charged as a first degree felony if the property stolen is:
  • Valued at greater than $100,000
  • Is shipping Cargo worth more than $50,000
If the defendant is convicted of first degree grand theft, the sentence is:
  • A minimum prison sentence of 21 months
  • A maximum prison sentence of 30 years
  • 30 years of probation, or
  • A maximum fine of $10,000
Second Degree Felony
Second degree grand theft is charged as a second degree felony if the property stolen is:
  • Valued at less than $100,000 but greater than $20,000
  • Is shipping Cargo worth less than $50,000, or
  • Is emergency medical equipment worth more than $300
If the defendant is convicted of second degree grand theft, the sentence is:
  • A maximum prison sentence of 15 years
  • 15 years of probation, or
  • A maximum fine of $10,000
Third Degree Felony
Third degree grand theft is charged as a third degree felony if the property stolen is:
  • Valued at less than $20,000 but greater than $300
  • Is a will, testamentary instrument, firearm, or motor vehicle
If the defendant is convicted of third degree grand theft, the sentence is:
  • A maximum prison sentence of 5 years
  • 5 years of probation, or
  • A maximum fine of $5,000
Grand Theft Defense
If you have been charged with grand theft, there is hope. A criminal defense lawyer can advise you to resolve the theft charges by way of a diversion program called pre-trial intervention. By paying restitution and the fine that would ensue, you may be able to have the charges dismissed and avoid a criminal record. Only an experienced criminal defense lawyer can help you through this process.

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]]>Andrew StineMon, 06 Feb 2012 16:36:24 GMThttp://www.andrewdstine.com/blog-78/454-grand-theft-laws-in-florida.aspxWill the Super Bowl Lead to a Spike in Criminal Activity?http://www.andrewdstine.com/blog-78/453-will-the-super-bowl-lead-to-a-spike-in-criminal-activity.aspxExperts are saying where the demand is, that's where the supply will be. Leading news reporters and experts on criminal trends are reporting that when large nationwide events occur, a spike in criminal activity is likely to happen. Law enforcement officers are turning their eyes away from Super Bowl XLVI this weekend in order to focus on potential criminal activity, likely to happen wherever large groups of people congregate for this special event.

Super Bowl Leads to Crime in Palm Beach
Dan Corcoran, a reporter for WPTV News Channel 5, wrote in his post yesterday:
"While final preparations are being made ahead of Super Bowl XLVI, law enforcement from Florida and elsewhere is honing in on the potential for a spike in child sex trafficking. The federal government reports that Florida is among the top states where the ugly trade can originate."
Even though human sex trafficking is a serious sex crime that happens all over the country on a daily basis, there is generally a spike in this kind of activity that occurs as a result of the excitement brought on by grand events like the Super Bowl. Federal statistics say that Florida, New York, and California are the top three states for human sex trafficking, among other crimes, according to WPTV News.

South Florida is a Hub for Crime
South Florida is also known to be a major supplier for prescription drug abuse across the East Coast as well as in some states in the Midwest. Pill mills are one of the most pressing drug problems throughout South Florida. People travel all the way from Ohio, Kentucky, and Pennsylvania to doctor-shop in the pain pill capital that is Florida. There are over 300 pain clinics in Palm Beach County and Broward County alone.

Although there has been legislation passed to restrict and regulate the pills that are distributed from these clinics, it has been statistically proven that there will be a spike in drug crimes this weekend in South Florida due to Super Bowl excitement, and how cheap and easily accessible these drugs can be.

Criminal Defense
South Florida law enforcement officers are honing in on criminal activity this weekend. If you have been arrested and accused of a crime, you need to contact a criminal defense lawyer immediately. These crimes are extremely serious and have serious consequences that will ensue pending conviction. If you have any questions regarding your arrest, contact Andrew D. Stine for a consultation.

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]]>Andrew StineFri, 03 Feb 2012 17:39:00 GMThttp://www.andrewdstine.com/blog-78/453-will-the-super-bowl-lead-to-a-spike-in-criminal-activity.aspxOfficer Arrested for Illegal Arrest in Broward Countyhttp://www.andrewdstine.com/blog-78/452-officer-arrested-for-illegal-arrest-in-broward-county.aspxWhen officers of the law are arrested, the public usually sees the case on the news because officers generally always fight the charges. This is usually because if they are convicted, they will never again be able to be officers of the law. In Broward County, a Sheriff’s deputy is facing this dilemma after conducting a suspicious arrest while off duty. His accuser allegedly has a video recording of the incident.

Road Rage in Broward County
Paul Pletcher, 37, is a Broward Sheriff’s deputy has been under investigation for several months after a woman called 911 saying he had pulled her over, screamed profanity and racial slurs, restrained her then stole her cell phone. Pletcher has been charged with four criminal charges including burglary, battery, criminal mischief and petty theft. He has been suspended without pay.

As do many officers charged with criminal counts, Pletcher and his criminal defense lawyer intend to fight the charges and plead not guilty.

Neyda Osoria, 38, told police that she was waiting at a light on Broward Boulevard when her friend noticed a deputy yelling at them. Pletcher was off-duty and out of uniform at the time, but armed and driving his patrol car. Pletcher allegedly gave her the middle finger and she returned in kind. Then Pletcher turned on his flashing lights and pulled her over. Osorio’s friend then used her cellphone to begin taping the incident.

When Pletcher realized he was being recorded, he demanded the phone, then took it by force when she refused to turn it over, Osorio told police. The deputy also drove off with her driver's license, according to WPTV News.

"Even though she was not booked into a jail, when he used his police lights to stop her, that was an arrest under the law," Ed McGee said, Osorio’s lawyer.

Fighting the Criminal Charges
If you have been charged with burglary, or battery, it is important to contact a criminal defense lawyer immediately. These charges are very serious in the state of Florida and can have serious consequences. Pletcher, a Sheriff’s Deputy, has no choice but to rely on his criminal defense lawyer to fight the charges.

"When a police officer is charged with wrongdoing, he always has to fight the charges," Pletcher’s criminal defense lawyer said. "If an officer wants to remain an officer, he has to fight the charges."

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]]>Andrew StineWed, 01 Feb 2012 16:46:28 GMThttp://www.andrewdstine.com/blog-78/452-officer-arrested-for-illegal-arrest-in-broward-county.aspxHit and Run in Floridahttp://www.andrewdstine.com/blog-78/451-hit-and-run-in-florida.aspxHave you ever been in a car accident? If so, then you understand how complicated things can be afterwards. To make matters more complicated, a hit and run is a serious crime in the state of Florida. Generally the extent of the charges depend on the amount of damage inflicted on the victim during the accident. Regardless, if you are caught, you will be charged with anything from a second-degree misdemeanor to a first-degree felony. If you have caused an accident and fled the scene, immediately contact a criminal defense lawyer to discuss what you can do about this situation.

Hit and Run Penalties in Florida
For a car accident in the state of Florida, you are required by law to stop and exchange your contact information. If someone has been injured in the accident, you must help them get medical attention.

If you leave the scene of the accident, you will be charged with a hit and run. If you left the scene after causing property damage, you could be facing a second-degree misdemeanor, punishable by up to 60 days in jail, in addition to a fine of $500.

If you left the scene of the accident after causing an injury to someone, you will face a third-degree felony, punishable by 5 years in prison, and a fine of $5,000.

If you left the scene of an accident after causing someone’s death, you will face a first degree felony, punishable by up to 30 years in prison, and a fine of up to $10,000.

Hit and Run Legal Defense
This crime is extremely serious in Florida, not to mention if you cause someone injury or death and flee the scene, your charges increase exponentially. If you have been involved in a hit and run car accident, you need a criminal defense lawyer as soon as possible. If you want to fight your charges and at least have a chance of salvaging this situation, a criminal defense lawyer like Andrew D. Stine can investigate your case and help you build a solid defense strategy.

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]]>Andrew StineMon, 30 Jan 2012 16:49:13 GMThttp://www.andrewdstine.com/blog-78/451-hit-and-run-in-florida.aspxFacebook Leads to Arrest of Mom Charged with Child Abusehttp://www.andrewdstine.com/blog-78/450-facebook-leads-to-arrest-of-mom-charged-with-child-abuse.aspxFacebook has become a daily part of many people's lives. Law enforcement is now using the social media site more often to catch criminals. Over a year ago, Facebook was used to track down a mother and daughter who repeatedly committed animal cruelty crimes against a pig, and posted a video of the act. Now, an Orange County mother has been arrested on charges of child abuse and contributing to the delinquency of a minor due to another video on Facebook.

Contributing to the Delinquency of a Minor
The legal definition of contributing to the delinquency of a minor can include anything done by an adult that would allow or encourage illegal behavior by a person under the age of 18. It is also considered contributing to the delinquency of a minor if an adult places the child in situations that exposes them to illegal behavior, such as committing a crime in the presence of a child. An adult who serves alcoholic beverages to someone under 21 can be charged with this crime as well. The definition also includes crimes of a much more serious nature such as sexual exploitation, child pornography, or sexual relations with a minor.

Child Abuse in Orange County
An Orlando mother was captured on video yelling at her daughter during the girl's fistfight with another teen to "hit harder" and "bite her" was arrested Thursday, according to the Orlando Sentinel. Sandra Padilla Miranda, 38, asked the girl to come to her apartment complex so she and her daughter could fight after the girls, 14 and 17, got into a confrontation at their school. The girls have been suspended.

Video of the fistfight at Bellagio apartments off Semoran Boulevard was posted on Facebook and depicted one of the girls hitting the other and trying to bite her in the face, a report states. During the fight, Padilla Miranda repeatedly egged her daughter on in Spanish, investigators said.

Padilla Miranda has been charged with child abuse and contributing to the delinquency of a minor by causing a child to commit an act of delinquency. The Orlando Sentinel reported that she was in the process of posting an $1,100 bail late Thursday.

Child Abuse Criminal Defense
If you have been charged with child abuse anywhere in South Florida, there is an experienced Criminal Defense Lawyer you can call. Charges dealing with children can often be extremely serious and unforgiving including an investigation from the Department of Children and Families. A lawyer in West Palm Beach like Andrew D. Stine has experience in dealing with clients charged with child abuse and can help you resolve the case as much in your favor as possible.

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]]>Andrew StineFri, 27 Jan 2012 15:13:00 GMThttp://www.andrewdstine.com/blog-78/450-facebook-leads-to-arrest-of-mom-charged-with-child-abuse.aspxWhat To Do After Being Arrested in West Palm Beachhttp://www.andrewdstine.com/blog-78/449-what-to-do-after-being-arrested-in-west-palm-beach.aspxHave you been arrested in West Palm Beach? When you were arrested, you hopefully heard the arresting officer recite the Miranda rights. Take what he or she said seriously. Anything you say can and will be used against you in court. According to the fifth amendment in the Constitution, you have the right to remain silent. You do not and should not need to make any statements about the case while you are being arrested. After you have been arrested in West Palm Beach, do not agree to speak with investigators until you have called and received advice from an experienced criminal defense lawyer.

Hold Your Ground
After being arrested, many people fail to hold back what they want to say in order to defend themselves. The truth is, arresting officers have so much more experience than you do in this situation, and can try to intimidate you into giving up evidence - which will add up against you in court. The most important thing to realize if you have been arrested in West Palm Beach, is that you can maintain in control of the situation. Regardless of whether arresting officers are being aggressive and intimidating, you have the right to stop questioning until you speak with your criminal defense lawyer.

Posting Bail
Once you are booked into jail, you may make a phone call. While you may contact a family member or friend to post bail for you, it is advised that you contact a criminal defense lawyer. A criminal defense lawyer can advise you about what to do, say, or not say. He or she can also make arrangements for a friend or family member to come bail you out. You may not even need to post bail, depending on the circumstance. A judge may decide to release you on your own "recognizance," if he or she believes that you will show up for your court date without question.

Contact a Criminal Defense Lawyer
Being arrested in West Palm Beach can be frightening and overwhelming. It is imperative that you have someone on your side that has experience in dealing with arrests, crimes, and those involved. A conviction could severely impact your future so it is important to take every action possible to make sure you have the best outcome. If you contact Criminal Defense Lawyer Andrew D. Stine at (561) 832-1170 at anytime, 24/7, you will have the best possible chance of getting out of this situation unscathed. If you have been arrested, let an experienced lawyer help you through the difficult process you are facing.

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]]>Andrew StineWed, 25 Jan 2012 16:23:25 GMThttp://www.andrewdstine.com/blog-78/449-what-to-do-after-being-arrested-in-west-palm-beach.aspxCriminal Defense Lawyer Andrew D. Stine Motions to Dismiss Chargeshttp://www.andrewdstine.com/blog-78/448-criminal-defense-lawyer-andrew-d-stine-motions-to-dismiss-charges.aspxCriminal defense lawyer Andrew D. Stine has filed a motion to dismiss the charges pending on one of his clients. The motion is to dismiss the charges in their entirety, or to dismiss the singular charge of solicitation on grounds of violating Double Jeapardy. The charge of solicitation alleges that the defendant has been charged with criminal solicitation and for theft of a trade secrets.

What is a Trade Secret
A trade secret as defined in Florida's Uniform Trade Secrets Act is defined as something that derives independent economic value, actual or potential. The trade secret is not being generally known and not readily ascertainable by anyone who can obtain economic value from the disclosed information of the trade secret. According to Florida Statute 812.081, a trade secret is a secret of value for use in the business, and an advantage to that business over other businesses who do not know the secret information. In order to be considered a trade secret, the owner must have taken measures to prevent it from becoming available to people other than those chosen by the owner to have access with limited purposes.

In this case, the defendant acquired a list from another company executive, that was comprised of potential customers and had personal information about the customers that would not be accessible to anyone else. The company executive who provided the list told investigators that he had sold these lists to vendors for marketing purposes. The motion argues that the lists have value but are not confidential or secret per se because they are sold to commercial consumers and are known to vendors who have purchased them.

Whether customer lists constitute a trade secret, per se, is not firmly established in Florida case law. In several other cases, described in detail in the attached motion, convictions have been overturned because the materials involved were not considered trade secrets.

There was No Crime
The main argument within the motion is that the defendant's conduct is not a crime, it is business competition attempted to be misconstrued as theft of an item that barely constitutes a secret, much less a trade secret, as employees across the board had access to the same. Competition in the business environment cannot be prosecuted unless the competitor attempts to induce a customer to breach a contract that is not terminable at will.

The motion to dismiss the charges filed by criminal defense lawyer Andrew D. Stine is attached.

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]]>Andrew StineMon, 23 Jan 2012 17:22:00 GMThttp://www.andrewdstine.com/blog-78/448-criminal-defense-lawyer-andrew-d-stine-motions-to-dismiss-charges.aspxUpdate: Andrew D. Stine and Michael Kagdis Team Up to Appeal Felony Drug Chargehttp://www.andrewdstine.com/blog-78/447-update-andrew-d-stine-and-michael-kagdis-team-up-to-appeal-felony-drug-charge.aspxCriminal defense lawyer Andrew D. Stine represented Michael Kagdis last year in a case involving drug charges, a confidential informant, and a potential illegal search and seizure. After Stine made his closing arguments in April 2011, Kagdis was acquitted of three of four felony drug charges. Now, Stine and his client Kagdis are appealing the final drug charge on account that the evidence found should be suppressed because it was the fruit of an illegal search and seizure.

The Arrest
Michael Kagdis was arrested on Aug. 14 2009 after police searched his Midtown apartment and vehicle, finding both cocaine and and Roxycodone pills. Kagdis testified that his friend, the confidential informant in the case, had set him up. After an investigation, police found a plate of cocaine under her bed after attaining a search warrant for her home, and offered for her to assist in an investigation instead of facing charges. Kagdis says she set him up to escape her own charges.

The Appeal
Now, criminal defense lawyer Andrew D. Stine is appealing the conviction and requesting for the evidence to be suppressed because the search warrant obtained to search Kagdis' property was obtained based on a confidential informant's information that may actually have been untrue. 

The main argument is that the trial court failed to allow Kagdis to review the affidavit that support the search warrant against him, which would have given him the opportunity to review the truthfulness of the claim. If Kagdis had the opportunity to review the search warrant, he more than likely would have shown that the facts were incorrect and that confidential informant's reliability should have been questioned.

According to lawyer Andrew D. Stine,
"Additionally the affidavit contained allegations that demonstrated a reckless disregard for the truth, and omitted facts that had the magistrate known about never would have issued the warrant."

There are more points of facts that show the search warrant should never have been issued had all the evidence been reviewed properly beforehand, rendering the search and seizure illegal. First, the confidential informant was  a person the police have never used before to obtain sensitive information used to support a search warrant. Second, during the actual investigation of Kagids, the confidential informant who facilitated his arrest was actually in possession of Oxycontin, and enough to be charged with drug trafficking. Finally, the confidential informant is a known drug addict and the subject of a continuing police investigation. The arresting officers had also failed to record the confidential informant when she was with Kagdis, and depended on her word. Her word was the evidence used to obtain probable cause for the search warrant.

Clearly, it can be argued that the confidential informant was not a reliable source of information.

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]]>Andrew StineFri, 20 Jan 2012 12:31:30 GMThttp://www.andrewdstine.com/blog-78/447-update-andrew-d-stine-and-michael-kagdis-team-up-to-appeal-felony-drug-charge.aspxProfessional Golfer, Swim Coach, and 38 Others Arrested in Osceola Sex Stinghttp://www.andrewdstine.com/blog-78/446-professional-golfer-swim-coach-and-38-others-arrested-in-osceola-sex-sting.aspxWhen law enforcement comes together from multiple counties and pool their resources for a huge investigation, the resulting arrests usually make headlines. In this case, a professional golfer, a swim coach, and 38 other people have been arrested for attempting to seduce children to commit sex acts by engaging in conversations online. The defendants all believed they were speaking with the child or with the child's parent when in reality, they were chatting with undercover police officers.

The Charges
There were 40 people arrested in the Osceola sex sting, and the suspects face a variety of charges, including:
  • traveling to seduce a child to commit sex acts
  • using a computer to solicit a child or parent and,
  • for some, attempted lewd and lascivious battery of a child
These charges are extremely serious in the state of Florida because ignorance of the victim's age cannot be used as a defense if one is arrested and accused of this kind of crime. The consequences for these types of crimes are extremely serious as well often resulting in a prison sentence up to 15 years, and being forced to register as a sex offender.

The Crimes
According to a detailed article in the Palm Beach Post, of the 40 men arrested, one was professional golfer Stephen Wesley Thomas, 55. The PGA's website says he has played in 44 PGA Tour events and 34 on the Champions Tour with three career top-10 finishes. According to the arrest affidavit, Thomas thought he was chatting with a woman about sex with her 13-year-old daughter. He agreed to meet the teen for sex, deputies say, and sent photos of himself golfing.

Investigators searched Thomas' sport utility vehicle after his arrest, the affidavit states, finding three condoms, two packages of chocolate pudding and a bottle of honey. Deputies say he confessed, according to the Palm Beach Post.

Another man arrested is also of some surprise. Gainesville swim coach Bryan Woodward, 29, coached youths for the Gator Swim Club. The club is private and unaffiliated with the University of Florida. Woodward's arrest affidavit states that he described graphics sex acts to an undercover officer posing as a child online, and brought candy with him to meet the "child."

According to the Palm Beach Post, the arrests were the result of an undercover operation that lasted from Jan. 8 through Monday. The sting was led by the Osceola County Sheriff's Office, dubbed "Operation Red Cheeks."
The basis of the operation was comprised of undercover detectives posing as children, or as parents or guardians, that chat online with suspects. The suspects would then travel to an arranged meeting location somewhere in Osceola County to allegedly have sex with a child. The Post says that many of the suspects brought alcohol or drugs, condoms, and other items to the location.

Criminal Defense
If you have been arrested and accused of trying to seduce a child to commit sexual acts, or using a computer to solicit the child or parent, you need the help of a criminal lawyer immediately. Again, you cannot use ignorance of the child's age as a defense. A criminal defense lawyer can help you get through this situation but if you have been arrested and accused of attempting to have sex with a child, you will be facing serious consequences no matter the situation.

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]]>Andrew StineWed, 18 Jan 2012 17:09:43 GMThttp://www.andrewdstine.com/blog-78/446-professional-golfer-swim-coach-and-38-others-arrested-in-osceola-sex-sting.aspxMetal Theft in Palm Beach Countyhttp://www.andrewdstine.com/blog-78/445-metal-theft-in-palm-beach-county.aspxFor the past several months, law enforcement has seen a rise in metal thefts all across the county. Because of the serious increase in this particular crime, officials are wanting to crack down on thieves who target homes, restaurants, and even abandoned buildings. Task forces have been created in order to battle the ever popular and lucrative crime of metal theft. There are several different kinds of crimes committed involving metal theft, not only could the thief be charged with theft, but the buyer could be charged with dealing in stolen property.

Targeting Abandoned Buildings
Thieves may think they are stealing property that is no longer wanted but the problem arises when the building owner wants to sell the building, which usually includes what's inside. Thieves will take air conditioning units for the copper, steel appliances, and basically anything metal that the thieves can find.

According to the Palm Beach Post, thieves also used the shield of darkness to steal from the abandoned Olive Garden restaurant near the Palm Beach Lakes Boulevard interchange off I-95. In mid-November, Palm Beach County sheriff's Detective Alfredo Forgione received a tip through Crime Stoppers of Palm Beach County that the building was being burglarized.

On Nov. 30, Leon and Forgione arrested Osvaldo Arencibia, 43. While in custody, Arencibia told Leon he had stolen from the building "20 or 30 times." Arencibia said he went to the Olive Garden "every day for a month," Leon said in the affidavit.
"Thieves target these buildings because no one is watching," Forgione said. "At the end of the day the actual property that's in there still belongs to someone."
Palm Beach County Legal Action
Palm Beach County elected officials are working to pass laws that restrict the activity and requirements for scrap-metal yards. Prosecutors in Palm Beach County have had at least two cases against unlicensed dealers in the past year. According to the Palm Beach Post, it is a public safety concern when metal is stolen from places like highway lights. If they make buying stolen property riskier for dealers, the reasoning goes, they'll cut off the demand side of the illicit business.

Theft Criminal Defense
If you have been accused of stealing metal and dealing it to scrap-metal yards for a profit, you may be facing serious consequences. Depending on the value of the items stolen, if it is over $300 you could actually be facing grand theft charges. A criminal defense lawyer can help further explain the details of your situation. Make sure you contact a lawyer immediately after being arrested and accused of theft.

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]]>Andrew StineMon, 16 Jan 2012 16:52:39 GMThttp://www.andrewdstine.com/blog-78/445-metal-theft-in-palm-beach-county.aspxDUI Manslaughter Laws in Floridahttp://www.andrewdstine.com/blog-78/444-dui-manslaughter-laws-in-florida.aspxA DUI Manslaughter charge results from when a person is arrested for a driving under the influence and has also caused an accident that resulted in the death of another person. There are different types of DUI manslaughter charges that you could be facing if arrested after causing a fatal accident. A DUI conviction by itself is extremely serious with fines anywhere from $500 to $2,000 depending on the circumstances. A DUI manslaughter conviction is exponentially more serious, and something you simply cannot afford.

The penalties for DUI manslaughter are as follows according to Florida Statute 316.193:
  • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
In addition to these serious penalties of heavy fines and long term imprisonment, a DUI manslaughter conviction can also result in a loss of your driving privileges, and a felony conviction on your criminal record that cannot be expunged in many states. The laws vary in each state, so it is imperative that you contact a DUI lawyer as soon as possible so that you can learn more about your options for fighting your DUI or DUI manslaughter charges.

DUI Manslaughter in Wellington
John Goodman, International Polo Club Founder, was charged with DUI Manslaughter and has been facing an onslaught of media outrage and ridicule for his actions. A motion has been filed to change the venue of the trial due to pre-trial publicity and the media inhibiting the possibility of an unbiased jury. The motion, according to WPTV News, is to move the trial to Miami Dade county where one of Goodman's DUI Lawyer's is based.

DUI Lawyer
If you have been arrested and charged with a DUI, or DUI manslaughter, you need to contact a DUI lawyer immediately. The law firm of Andrew D. Stine has extensive experience in defending people charged with a DUI and can help you too.

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]]>Andrew StineFri, 13 Jan 2012 17:00:00 GMThttp://www.andrewdstine.com/blog-78/444-dui-manslaughter-laws-in-florida.aspxIllegal Weapons Deal in Pompano Beach Turns Deadlyhttp://www.andrewdstine.com/blog-78/443-illegal-weapons-deal-in-pompano-beach-turns-deadly.aspxUndercover police officers put their lives on the line to catch crimes in the act. Law enforcement use police officers to pose as buyers for drugs, weapons, and several other illegal activities. While these methods are often successful, the possibility of entrapment can be an issue. In Pompano Beach, a gun deal involving an undercover deputy went wrong, resulting in the death of the gun dealer.

Weapons in Pompano Beach
Johnny Wright, 23, of Pompano Beach was under serious investigation from a multi-agency illegal firearms task force operation. This case is an example of how weapons crimes are being watched very carefully by law enforcement throughout South Florida.

The illegal gun deal occurred around 4 p.m. in Pompano Beach behind the San Isidro Catholic Church, according to WPTV News. Wright stepped out of his vehicle to follow through with the illegal gun transaction but then pulled a gun on the undercover deputy posing as the buyer. The deputy and a Coral Springs officer pulled out their weapons and fired several shots at Wright, who was pronounced dead at North Broward Medical Center, according to the article.

"He was definitely armed," he said. "He pointed a gun at our deputy and there were other guns in his car."

No other officers or bystanders were hurt, according to the investigative report.

Wright had a criminal history including five arrests in the past three years on charges including trespassing, disorderly conduct, possession of marijuana, possession of ecstasy and resisting arrest, according to WPTV News.

Weapons Charges
In the state of Florida, many weapons charges are subject to mandatory prison sentences of at least three years. A conviction of a weapons charge will follow you for the rest of your life by way of a criminal record. This puts your potential employment, living situation, and other liberties at risk.

The law firm of Andrew D. Stine, P.A. in West Palm Beach represents people arrested on weapons charges including anything from carrying a concealed weapon, to aggravated assault or battery with a deadly weapon, and even possession of a weapon by a convicted felon.

With the help of a criminal defense lawyer, you may be able to mitigate your sentence to something less severe. A lawyer like the ones at the law firm of Andrew D. Stine can help you get your life back together after being arrested on weapons charges.

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]]>Andrew StineWed, 11 Jan 2012 17:21:40 GMThttp://www.andrewdstine.com/blog-78/443-illegal-weapons-deal-in-pompano-beach-turns-deadly.aspxAdmitting Guilt to Aggravated Assault and Armed Robbery with a Firearmhttp://www.andrewdstine.com/blog-78/442-admitting-guilt-to-aggravated-assault-and-armed-robbery-with-a-firearm.aspxMany people have been following the case of the death of beloved grocery store owner Jimmy McMillan in Belle Glade. The 19-year-old accused of robbing, shooting, and killing McMillan confessed to his crimes Saturday. After appearing before the Judge briefly he is being held without bond and could possibly be facing the death penalty for aggravated assault with a firearm, armed robbery with a firearm, and first-degree murder with a firearm.

Aggravated assault charges can be extremely serious in the state of Florida, particularly if they involve a firearm. Aggravated assault involving pointing a gun at someone can result in a mandatory minimum prison sentence of three years. If the gun is fired, the minimum prison sentence changes to 20 years. If the victim of the aggravated assault with a firearm dies, the defendant may be facing life in prison.

Without the help of a criminal defense lawyer, the defendant will most certainly be convicted and be forced to serve the most serious penalties. A criminal defense lawyer can help that defendant reduce the sentence if possible. A defendant can do things to help themselves such as immediately complete community service hours, enter a gun safety course, and write a letter of apology to the victim.

Belle Glade Aggravated Assault with a Firearm
A young man in Belle Glade may not be able to do much about his situation however. Corey Graham Jr. told his father that he was responsible for the "robbing, shooting and killing" of McMillan, 49, in the early hours of Jan. 2, according to a probable-cause affidavit released by the sheriff's office this afternoon. authorities sewed together surveillance footage and a steady stream of tips from area residents, prompting detectives to pursue him, the Palm Beach County Sheriff's Office said today, according to the Palm Beach Post.

Graham was charged late Saturday with first-degree murder with a firearm, aggravated assault with a firearm and armed robbery with a firearm. He could receive the death penalty. Graham had no prior arrest record. He attended Palm Beach State College this past fall but is not enrolled as a student there this semester, Grace Truman, the school's director of college relations and marketing, said today, according to the Palm Beach Post.

Firearm Criminal Defense
If you have been accused of aggravated assault with a firearm, contact a criminal defense lawyer immediately. There are proactive actions you can take to avoid an extremely serious sentence if convicted, but a lawyer will do everything in his or her power to make sure your story is represented fairly and thoroughly.

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]]>Andrew StineMon, 09 Jan 2012 16:50:36 GMThttp://www.andrewdstine.com/blog-78/442-admitting-guilt-to-aggravated-assault-and-armed-robbery-with-a-firearm.aspxWhat is Entrapment?http://www.andrewdstine.com/blog-78/441-what-is-entrapment.aspxMany times, a legal defense for the prosecution of a crime includes the definition of entrapment. However, entrapment can be a very difficult defense to use as law enforcement officers are continuously growing more cautious and prepared when planning to catch criminal activity. The only way to be able to use entrapment as a criminal defense is if you have a complete understanding of what it entails and what it means for you.

Entrapment in Federal Court
The legal definition of entrapment is when a person is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

If a person is willing and able to commit a crime, that person may not use entrapment as a defense. For example, a government agent pretends to be someone else and to offer to engage in an unlawful drug transaction with the person (whether directly or through use of an informant or decoy), that person is willing and able to commit the drug crime. If the government agent induced the possibility of committing a crime without the prior willingness or ability of the defendant, entrapment may be used as a viable criminal defense.

A person can actually be considered not guilty if there is a reasonable doubt whether the person had any intent to commit the crime before the government agent became involved. If the government officer or agent persuaded the person to commit the crime, he or she is not guilty.

Entrapment must include the three following tenants in order to have a not guilty verdict:
  1. The idea for committing the crime must have come from the government agents and not originally from the person accused of the crime.
  2. The government agents must have then persuaded the person into committing the crime (versus just giving him or her the idea to do so).
  3. The person was not ready and willing to commit the crime before the government agent became involved. 
In order for the defendant to be guilty when the issue of entrapment is a possibility, the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.

Florida Criminal Defense
If you have ever been accused of committing a crime and believe you were entrapped by government agents, you must contact a criminal defense lawyer immediately. A criminal defense lawyer can help you start building a defense strategy that would prevent you from being found guilty, and turn the issue onto the government agents who provoked your situation to occur in the first place.

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]]>Andrew StineFri, 06 Jan 2012 16:20:00 GMThttp://www.andrewdstine.com/blog-78/441-what-is-entrapment.aspxArrested for Violating Probationhttp://www.andrewdstine.com/blog-78/440-arrested-for-violating-probation.aspxProbation is a sentence ordered by a judge that allows a convicted person to live in society under the supervision of a probation officer, instead of serving time in jail. Probation is different from parole. Parole is the conditional release of a prison inmate after serving part or all of his or her sentence.

Violating probation is a serious charge with many repercussions. Your probation may be revoked.This is an action taken against a probationer who fails to comply with the terms of the probationary grant. A Palm Beach County prosecutor can use a probation violation against someone who has been charged with a new crime. When a formal probation revocation is filed in conjunction with a new case, a prosecutor has a tremendous advantage to force a plea bargain in favor of the state's terms.

When a probation officer decides to revoke or violate a probation and the person is not in custody, a letter is sent requesting a court hearing. Then a judge will make a final decision regarding the probation status and may revoke the probation and incarcerate the person pending a formal hearing.

A 36-year-old Lake Worth man was arrested on Thursday for picking up a rooster at a post office, Boynton Beach police said-report by Wayne K. Roustan, Sun Sentinel

Danny Pham violated his probation on charges dating back to February 2009, when he was arrested with at least four others attending a cockfight behind his home on the 9200 block of Palomino Drive, police said.
More than 100 birds, including several dead roosters, were confiscated at the time, according to a Palm Beach County Sheriff's Office report.

On Thursday, Boynton Beach Animal Control Officer Liz Roehrich told police that Pham was at the rear loading dock of the Boynton Beach Post Office, picking up a rooster for cockfighting and gambling purposes in violation of his probation, she said.

When police arrived in an unmarked car, they saw a postal employee walk out on the dock and hand Pham a white rectangular box with air holes, labeled "live animal."

Pham signed a postal service document, jumped off the dock with the box and walked toward his car. When officers intercepted him, Pham allegedly claimed that he did not understand much English, but said that this was "not his chicken." According to police, he said he was "picking it up for a friend" whose name or phone number he couldn't provide.

Roehrich opened the box, found a rooster inside, and Pham was arrested.
Palm Beach County Animal Care &Control Capt. David Walesky remembers the case of Pham's earlier arrest.
"Normally, we have people jumping the fence and running all over the neighborhood because they know it's wrong," Walesky said. "In that case, I don't believe that he recognized that it was illegal. It was just a cultural thing."
Pham accepted a plea deal that included probation and a ban on contact with any animals.
Pham also was ordered to pay restitution for a national Humane Society reward offered to the neighbor who reported the fight, Walesky said.
"This was the first time in our community that someone accepted a reward of $5,000, I think, for reporting a bloodsport activity," Walesky added.

Florida Probation Violation Defense Lawyer
In Florida the most common types of Probation Violations are substantive and technical. Substantive violations occur when the Probationer commits a new crime violation. Technical violations occur when the Probationer omits to complete a condition or willfully violates a condition of his probation.

Florida law allows a Probationer to receive the maximum penalty, which the Probationer faced when the original criminal charge was filed.

The law Office of Andrew D Stine is committed to representing those Probationers who have violated their Probation or are about to be violated by their Probation Officers.

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]]>Andrew StineFri, 30 Dec 2011 17:03:00 GMThttp://www.andrewdstine.com/blog-78/440-arrested-for-violating-probation.aspxWhat Is A Plea Bargainhttp://www.andrewdstine.com/blog-78/439-what-is-a-plea-bargain.aspxThe process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval.

Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant. In this agreement, the defendant agrees to plead guilty without a trial, and, in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court. Plea bargaining is expressly authorized in statutes and in court rules.

In federal court, for example, plea bargaining is authorized by subsection (e) of rule 11 of the Federal Rules of Criminal Procedure. Under rule 11(e), a prosecutor and defendant may enter into an agreement whereby the defendant pleads guilty and the prosecutor offers either to move for dismissal of a charge or charges, recommend to the court a particular sentence or agree not to oppose the defendant's request for a particular sentence, or agree that a specific sentence is the appropriate disposition of the case. A prosecutor can agree to take any or all of these actions in a plea agreement. Under rule 11(e), plea bargaining must take place before trial unless the parties show good cause for the delay.

Why enter a plea at all? Why not go to trial? For the prosecution, it means saving the time and money involved with going through a trial and getting a conviction against a defendant. For the defendant, it usually boils down to jail time. In most cases, a defendant is much more likely to get a less severe sentence by entering a plea than if he decides to go trial and loses. There are two main reasons for this:
  • In some plea agreements, the prosecution agrees to drop some criminal charges or reduce the level or severity of a crime in exchange for a defendant's guilty plea. For example, a driver accused of driving while intoxicated (DUI) may negotiate a deal to plead guilty to reckless driving, a much less serious offense which carries a less severe penalty
  • Sometimes the prosecution will agree to a specific sentence and make it part of the plea deal by promising the defendant to "recommend" the sentence to the judge when it comes time for sentencing. For example, the prosecutor may recommend sentence of fewer years in prison than a defendant might face if he goes to trial or gets convicted. The prosecutor may also promise to recommend probation instead of jail time
Plea Is Final
A defendant is free to withdraw or take back his plea at any time and elect to go to trial instead, so long as that decision is made before sentencing. Once you entered a plea and the court announces your sentence, it's too late to withdraw the plea. At this point, your only option is to file an appeal and challenge either the legality of the:
  • Plea, such as by arguing that you were coerced into pleading guilty or you didn't understand exactly what it meant to plead to a crime
  • Sentence because either the judge gave you a sentence that's harsher than the one you agreed to in the plea bargain, or because the prosecutor didn't make the sentencing recommendation he promised to make, just to name some examples
Negotiating a plea bargain can be complicated. Before you agree to anything, carefully read the state or federal laws that apply to your case to see what sentences you may face if convicted by a jury. That way, you'll know if any deal offered by the prosecution is worth your while. If you have any questions, contact an attorney before you accept the deal.

Is Negotiating a Plea Better than Going to Trial?
Every case is unique because it has a different set of circumstances - different evidence, a different courtroom and a different prosecutor. You need to have confidence that your attorney has the experience and skill to negotiate a plea or take the case to trial - whatever your attorney thinks is best for you.

Whether you are guilty or not guilty, you need to find a good Palm Beach County criminal defense lawyer who can resolve your problem. What happens with your case makes all the difference to you, your family and your future. Don't take chances with a lawyer who doesn't have the right stuff. You need an attorney from West Palm Beach who is committed to aggressive representation. Whatever the crime is - only the best attorney will do.

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]]>Andrew StineWed, 28 Dec 2011 18:07:00 GMThttp://www.andrewdstine.com/blog-78/439-what-is-a-plea-bargain.aspxDrunk Driving Laws in Floridahttp://www.andrewdstine.com/blog-78/438-drunk-driving-laws-in-florida.aspxIf you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the "Implied Consent Law". When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

1st Florida DUI Offense

First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail – 6 Months Maximum (BAL from .08 to less than .15)
Jail - 9 Months Maximum (BAL above .15)
Fine – From $500 to $1,000 (BAL from .08 to less than .15)
Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

1st Florida DUI Offense

First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail – 6 Months Maximum (BAL from .08 to less than .15)
Jail - 9 Months Maximum (BAL above .15)
Fine – From $500 to $1,000 (BAL from .08 to less than .15)
Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle
License – Suspended from 180 Days to 1 Year
Hardship Reinstatement – Complete DUI School Prior to Hardship Application
Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
Community Service Fine - $10 for Each Hour of Community Service Required
Community Service – 50 Hours
Treatment Program May Be Allowed in Lieu of Imprisonment
Vehicle Impound – 10 Days

2nd Florida DUI Offense

Second Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Jail - 9 Months Maximum (BAL from .08 to less than .15)
Jail - 12 Months Maximum (BAL above .15) or Minor in Vehicle
Jail – Mandatory 10 Days (If within 5 years of Previous DUI)
Fine – From $1,000 to $2,000 (BAL From .08 to less than .15)
Fine – From $2,000 to $4,000 (BAL Above .15) or Minor in Vehicle
License – Suspended for 5 Years (If within 5 years of previous)
License Suspension – Eligible for Hardship Reinstatement after 1 Year
Hardship Reinstatement - Complete DUI School
Ignition Interlock Device – Required for 1 Year (BAL from .08 to less than .15)
Ignition Interlock Device – Required for 2 Years (BAL above .15)
Vehicle Impound – 30 Days (If within 5 years of previous)

3rd Florida DUI Offense

Third Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
Third Degree Felony (If Within 10 Years)
Jail – Up to 12 Months
Jail – Mandatory 30 Days (If 3rd Conviction within 10 Years)
Fine – From $2,000 to $5,000 (BAL from .08 to less than .15)
Fine –$4,000 Minimum (BAL above .15) or Minor in Vehicle
License – Suspended for 10 Years (If 3rd Conviction within 10 Years)
License Suspension – Eligible for Hardship Reinstatement after 2 Years
Hardship Reinstatement - Complete DUI School
Ignition Interlock Device - Required for 2 Years
Vehicle Impound – 90 Days (If 3rd Conviction within 10 Years)
More Information: Third Offense DUI in Florida

4th Florida DUI Offense

Fourth Drunk Driving Conviction
Fine - $2,000 Minimum
Jail – Up to 5 Years
License – Suspended For Life – No Hardship Reinstatement
New Florida DUI Laws

In 2010, Florida reduced penalties for four-time offenders if certain requisites are met. These requirements include a 10-year waiting period with no driving for the 10-year period and no manslaughter in the original charge. Restricted driving privileges will be imposed during the first year. Also, the defendant must participate in an alcohol treatment program within the first six-month period from the time the license is reinstated.

The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. You have rights and you may be able to get that DUI charge dismissed. There are many ways an experienced DUI lawyer can get your case thrown out. DUI/DWI attorney in Palm Beach County will fight for your freedom, your rights and your driver’s license privileges. Call DUI attorney today for a free consultation.

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]]>Andrew StineMon, 26 Dec 2011 17:21:05 GMThttp://www.andrewdstine.com/blog-78/438-drunk-driving-laws-in-florida.aspxCrackdown on Counterfeit Merchandisehttp://www.andrewdstine.com/blog-78/437-crackdown-on-counterfeit-merchandise.aspxCounterfeit consumer goods, commonly called knock-offs, are counterfeit or imitation products offered for sale. The spread of counterfeit goods has become global in recent years and the range of goods subject to infringement has increased significantly.

According to estimates by the Counterfeiting Intelligence Bureau (CIB) of the International Chamber of Commerce (ICC), counterfeit goods make up 5 to 7% of world trade.[1] A report by the Organisation for Economic Co-operation and Development (OECD) states that up to $200 billion of international trade could have been for counterfeit and pirated goods in 2005,[2] and around $250 billion in 2007.[3][4] Other estimates conclude that a more accurate figure is closer to $600 billion lost, since the OECD estimates do not include online sales or goods counterfeited and sold within the same country.[3]

Fort Lauderdale Swap Shop - Reported by Ihosvani Rodriguez, Sun Sentinel.
An international crackdown on counterfeit merchandise on sale for the holidays, from fake Louis Vuitton purses to phony Dora the Explorer wristwatches, brought federal agents to the Fort Lauderdale Swap Shop, where a raid resulted in thousands of items being seized and clues that investigators hope will lead them to the illegal manufacturers, reported by Ihosvani Rodriguez, Sun Sentinel.

"This is all part of major organized crime," said Camen Pino, head of U.S. Immigration and Customs Enforcement in South Florida. "It's not just one person with a suitcase in a corner selling fake watches. Every time you buy one of these items, you are helping organized crime."

Globally, the six-week campaign, made public Thursday, targeted flea markets, retail stores, seaports and land ports of entry between Nov. 1 and Dec. 9 in 66 cities in the United States, 55 cities in Mexico and Seoul, South Korea. U.S. agents rounded up a total of about 327,000 bogus items with a genuine retail price of about $76 million.

About 90 percent of the counterfeit goods confiscated in South Florida were collected during a Dec. 13 raid at the popular Lauderhill flea market, Pino told a news conference in Miami-Dade County. Those items would've sold for $300,000 had they been the real thing, he said.

The phony goods included designer sneakers, sunglasses, blouses, purses and shoes, a Hello Kitty shirt and a Miami Dolphins jersey with the name and number of wide receiver Brandon Marshall. There were dozens of colorful SpongeBob SquarePants timepieces, and a fake G-Shock watch priced at $30, less than a third of what the genuine article goes for.

"Everyone is looking for a bargain this holiday season, but if you see something that is too good to be true, then it really is," said Pino.

Officials said the counterfeit goods hurt legitimate manufacturers and retailers and ultimately rip off consumers by delivering them sub-standard products. Explaining why the crackdown was timed to coincide with the year-end holidays, ICE Assistant Special Agent in Charge Gerard O'Neill, who oversaw the Swap Shop raid, said counterfeiters were banking on the enormous demand for consumer products at the time of year to exploit as many buyers as possible.

"It's a time when all of us are looking to stretch our dollars," O'Neill said. "In the end, you are buying a product that may not last as long. So you are not really getting your dollar's worth."

At the news conference, federal and Broward Sheriff's Office investigators unveiled about two dozen boxes containing more than 2,800 counterfeit items seized in South Florida as part of the crackdown, codenamed Operation Holiday Hoax II.

Undercover federal agents and deputies with the Broward Sheriff's Office purchased samples of the suspect items at the Swap Shop late last month. The items were then sent to the manufacturer to verify their authenticity, or lack thereof. Agents and deputies then swooped into the popular flea market and impounded enough counterfeit merchandise to load up a box truck, said Pino.

Swap Shop owner Preston Henn told the Sun Sentinel on Thursday that he discourages vendors at the sprawling facility on Sunrise Boulevard west of Interstate 95 from selling knockoffs. But with about 5,000 vendors hawking thousands of different items each day, it would be impossible to patrol for counterfeits, he said.
"Can you spot a fake Omega watch?" Henn said. "I sure can't."

Vendors of the fake items were not arrested, but investigators hope the street-level peddlers will lead them to higher-level counterfeiters, smugglers and manufacturers.

Fraud Criminal Defense
If you are convicted of fraud by counterfeiting money, you could be facing up to 15 years in prison, hefty fines, confiscation of property, and paying restitution. If you have been accused of a crime, a South Florida criminal defense attorney can help you.

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]]>Andrew StineFri, 23 Dec 2011 16:06:34 GMThttp://www.andrewdstine.com/blog-78/437-crackdown-on-counterfeit-merchandise.aspxAssault and Battery Charges in West Palm Beachhttp://www.andrewdstine.com/blog-78/436-assault-and-battery-charges-in-west-palm-beach.aspxThe West Palm Beach metropolitan area is the 13th most violent city in the country. There are many violent crimes committed in Palm Beach County and assault and battery are two of the most serious. Most people think "assault and battery" are the same offense but technically "assault" and "battery" are two distinct and separate crimes.

A West Palm Beach man was arrested on Monday for aggravated battery, after his girlfriend accused him of beating her during an argument, reported by Cynthia Roldan, The Palm Beach Post

Christopher Maurice Raphael, 24, is being held at the Palm Beach County Jail in lieu of $26,000 bond. He is charged with aggravated battery, battery and criminal mischief.

According to the probable cause affidavit, a West Palm Beach Police officer was dispatched to the 500 block of Sapodilla Road on Monday at 10:33 a.m. to reports of a domestic battery incident. The caller, who was later identified as the 19-year-old alleged victim, told the officer that during an argument, Raphael threw body waste at her.

The woman, whose name is withheld in the affidavit, added that Raphael hit her with a bed board and with his hands. She also said that he broke the front window to their home and of her car.

The officer noted in the affidavit that the woman stated that "He cannot get away with this again." The officer also noted that while the woman was talking, Raphael said "you rapping too much to the police."

Assault and battery laws in Palm Beach County are tough. Prosecutors are unforgiving. If you are faced with this charge – even if you think it was justified – you have an uphill battle to prove your innocence.

There are over a 1,000 criminal defense attorneys in Palm Beach County but only a handful of them have assault and battery experience. There is no substitute for experience when it comes to assault and battery defense. An experienced criminal defense attorney will poke holes in the state’s case and persuade a jury if the case goes to trial. And if the criminal defense attorney has a good track record and is known and respected in the courtroom, the defendant will have a much better chance negotiating a deal. But remember - the burden of proof rests solely on the prosecution. If you had no "intent" to injure another person, the charges can be reduced or dropped altogether.

Your rights and your freedom are at stake - protect them and fight for them with a West Palm Beach criminal defense attorney who has assault and battery experience.

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]]>Andrew StineWed, 21 Dec 2011 16:34:09 GMThttp://www.andrewdstine.com/blog-78/436-assault-and-battery-charges-in-west-palm-beach.aspxDrunk Driving Charges in South Floridahttp://www.andrewdstine.com/blog-78/435-drunk-driving-charges-in-south-florida.aspxGetting charged with a DUI (Driving Under the Influence) is a serious offense and it could impact your life forever if you are convicted. Each year, states impose tougher DUI laws and more severe drunk driving penalties. Florida is no exception. This is what can happen to you for a first time DUI conviction in Florida:

  • Jail – 6 Months Maximum - blood alcohol level (BAL) from .08 to less than .15
  • Jail - 9 Months Maximum - BAL above .15
  • Fine – From $500 to $1,000 - BAL from .08 to less than .15
  • Fine – From $1,000 to $2,000 - BAL above .15 or Minor in Vehicle
  • License – Suspended from 180 Days to 1 Year
  • Hardship Reinstatement – Complete DUI School Prior to Hardship Application
  • Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
  • Community Service Fine - $10 for Each Hour of Community Service Required
  • Community Service – 50 Hours
  • Treatment Program May Be Allowed in Lieu of Imprisonment
  • Vehicle Impound – 10 Days
A stripper has spent the past week locked in the Broward County jail, accused of driving drunk and then shouting obscenities at a police officer and kicking his car- reported by Scott Travis, Sun Sentinel:

The incident began as a four-car accident on Interstate 595, east of Hiatus Road in Davie. A state trooper said Emerald Nicole Nguyen, 28, of Sunrise, appeared glassy-eyed, and he conducted a series of roadside tests in which he determined she was under the influence, according to an arrest report.
Nguyen, who identified herself as a stripper who works in Miami, called the police officer obscene and racist names, according to the report. After being placed in the vehicle, she tried to kick out the left side window and damaged the door panel of the newly tinted and painted vehicle, the report says.

She faces 11 charges, including felony counts of damaging property, battery on a law enforcement officer and resisting arrest with violence. She remained in jail Saturday with a combined bond set at $6,150.

Florida Point System
The Criminal Punishment Code Score Sheet is a point system that a judge reviews at the time of sentencing. Each current offense is scored as well as any additional offenses. Then the court also scores your prior record for prior offenses. For example, grand theft – greater than $300 but less than $5000 - is a level 2 and scores 10 points. However, DUI causing serious bodily injury is a level 7 and will get you 56 points.

If your total combined score is less than or equal to 44 points, the judge can impose a non-state prison sanction, which can mean county jail of a year or less, house arrest, probation, a fine - or even no punishment at all. If the total points are greater than 44 points, the court will impose mandatory state prison time. Your attorney will help you decide what course of action is best, depending on your charges and other factors unique to your case. No two cases are the same.

Do you see how complicated this system is? Attempting to take on the state by yourself can be intimidating and overwhelming. This is why you need to have an experienced Palm Beach County defense attorney by your side as soon as you get arrested.

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]]>Andrew StineMon, 19 Dec 2011 15:45:25 GMThttp://www.andrewdstine.com/blog-78/435-drunk-driving-charges-in-south-florida.aspxPonzi Scheme in Fort Lauderdalehttp://www.andrewdstine.com/blog-78/434-ponzi-scheme-in-fort-lauderdale.aspxOne of two Ponzi scheme suspects has been freed from jail on bond after he and his alleged accomplice were arrested on charges they defrauded more than a dozen investors out of more than $6 million, records show.
Victor Brown, 54, of Hollywood, posted $150,000 bond for his release from Broward's Main Jail on Thursday evening. On Friday morning, his business partner, Roger Green, 78, of Stuart, remained jailed on the same bond amount. Both men were taken into custody Wednesday on charges of racketeering and conspiracy to commit first-degree racketeering, authorities said.

The Florida Department of Law Enforcement began investigating the men and their Fort Lauderdale company, Military Air Parts International, after people claiming to have been victimized stepped forward with complaints, a probable cause affidavit said.

From 2004 to 2007, Brown and Green raised millions of dollars by promising 18 percent returns on the resale of parts for military transport aircraft. But the pair, in control of company bank accounts, made out checks to themselves to withdraw a total of $1.7 million, and used debit cards to make other "extensive cash withdrawals," the FDLE said.

In what investigators described as a Ponzi scheme, Brown and Green kept the deception going by paying off some investors with funds raised from other investors.

As part of their inquiry, FDLE agents obtained sworn statements from 17 of 24 identified investors who were defrauded, the affidavit said. One investor told authorities that he kept investing because he received his money back from an initial transaction and "thought everything was legitimate," the affidavit said.

Brown's attorney, Thomas Sclafani, said the bulk of the alleged acts occurred more than five years ago, and questioned whether the alleged crimes were beyond the statute of limitations. The statute prevents charges from being filed when a certain amount of time elapses after the alleged crime's occurrence.
"I have a serious question about whether this case can even go forward," Sclafani said. "Even if it does, my client's innocence will be established in court."

A Ponzi scheme is a specific type of fraudulent investment. It is the act of using money received from investors to pay off other investors and personal expenses. Ponzi schemes are tactically organized to avoid using real profit for payments.

Usually when a Ponzi scheme makes the news, it involves short-term returns that are abnormally high – making the perpetrator more noticeable. Ponzi schemes only work if there is an increasing flow of money from investors. Without an increasing amount, the plan will eventually collapse in on itself if the money flowing in is not enough for return payments to the investors involved.

Fraud Criminal Defense
Fraud charges in the state of Florida are taken very seriously. Depending on the amount of money you are accused of, the minimum years in prison can vary between five and 30 years. The fine can vary from $5,000 to $300,000. If you have been accused of fraud, or worse, creating a Ponzi scheme, you need a criminal defense lawyer in your arsenal immediately. Only a criminal defense lawyer will be able to understand your circumstances and help avoid maximum sentences.

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]]>Andrew StineFri, 16 Dec 2011 15:51:00 GMThttp://www.andrewdstine.com/blog-78/434-ponzi-scheme-in-fort-lauderdale.aspxChild Abduction in Boynton Beachhttp://www.andrewdstine.com/blog-78/433-child-abduction-in-boynton-beach.aspxFederal, state and local authorities are coordinating efforts to find a 3-year-old girl abducted in Boynton Beach by her father. The girl, abducted after her father picked her up for a weekend visit, was taken to Mexico, Boynton Beach police said Tuesday.

Jazmin Lopez was picked up Boynton Beach Child Abduction CaseSaturday from her mother's home for what was supposed to be one of her usual one- or two-day visits with her father, Feliz De La Cruz Lopez, 26, police said. But instead of bringing her home, Lopez took the girl somewhere near Tabasco, Mexico, according to police, reported by Andy Reid, Sun Sentinel.

"He basically just stole his own daughter," Sgt. Tom Wallace said. "He has no right to take her."

"The problem we face is … it's a location in Mexico the size of the area of Florida. It's very difficult narrowing it down," Wallace said.

The girl's mother, Irma Velasquez, 20, called police Monday night to report that Jazmin Lopez had not been returned from a weekend visit with her father.

In phone calls to Velasquez, Lopez said that he took the girl to Mexico and he told Velasquez that "maybe if she prays," something good might happen, Wallace said.

Velasquez spent much of Tuesday with police, talking to investigators and counselors. She and her daughter live just a few blocks from the Police Department, at the town-house-style Pelican Point apartments.
Inside the apartment Tuesday, toys sat on the floor and a child gate was open at the base of the stairs. Christmas lights hung across the street as the neighborhood went on with holiday preparations while Velasquez waited for her daughter.

Mexico and the United States have standing international agreements to return abducted children, Wallace said.

Family Law in Palm Beach County
Family law is an area of law that deals with family-related issues and domestic relations including marriage, divorce, adoption, property settlements, alimony, and parental responsibility orders like child custody, child support and alimony. This category of law has grown dramatically in recent years, as courts and legislators have redefined the definition of marriage, divorce, child custody and child support. It has been in the national spotlight many times lately.

Despite changes made by federal and state lawmakers, family law remains an emotional issue that always evokes passionate feelings from everyone involved. Palm Beach County has several qualified attorneys who either specialize in family law or incorporate it as part of their practice.

It is difficult to give simple answers to the many complicated questions surrounding family law. Every family is different and every case is unique. Additionally, many of the cases that go before a family court require individual discretion by judges and different rulings are written for different cases.

If you are involved in a family law case, it is important to find a lawyer who has experience in this field. A Palm Beach County attorney who understands family law will fight for your rights and will also be sensitive to your needs during this very emotional and difficult time in your life.

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]]>Andrew StineWed, 14 Dec 2011 15:46:18 GMThttp://www.andrewdstine.com/blog-78/433-child-abduction-in-boynton-beach.aspxDomestic Violence Increased in South Floridahttp://www.andrewdstine.com/blog-78/432-domestic-violence-increased-in-south-florida.aspxDomestic violence is a first-degree misdemeanor, which would result in a permanent criminal record if you are convicted. Contact a criminal defense lawyer to help you understand what happens after you’re arrested.

Domestic violence cases involve charges of assault and battery against a familial relation or a person who lives with you, such as a wife, child, husband, boyfriend, girlfriend, mother, or father. The long-term consequences of a domestic violence conviction can be very serious. Employers routinely conduct background checks of prospective employees and few would want to hire an employee who has a conviction for domestic violence. In Florida, landlords also conduct background checks because they could be liable for a civil lawsuit if they rent to a person with violent tendencies.

As reported in Sun-Sentinel by By Peter Franceschina, domestic violence cases have increased in South Florida.
Advocates with the three state-certified domestic violence centers in Broward and Palm Beach counties say demand for their services — emergency shelter beds, counseling services and crisis hotline calls — is up for the second year in a row. And, advocates say, they are seeing a disturbing uptick in the viciousness of some attacks.
"Not only are there more people coming for services, but the incidents that are occurring are more violent and more lethal, and that is disturbing," said Mary Riedel, president of Women in Distress of Broward County.

The year-over-year numbers, advocates say, point to more domestic abuse incidents taking place during stressful economic times, even if they don't always involve a call to police or an arrest. The domestic homicide rates in Broward and Palm Beach — among the top five in the state in recent years — reflect the far extreme of the violence.
Tough financial times and the resulting stresses on families may be the most significant contributing factor. Job losses, reduced income, falling behind on rent or mortgage payments, credit card bills piling up; money problems easily translate into anxiety, frustration and even rage.

At one shelter in southern Palm Beach County, Aid to Victims of Domestic Abuse, there was a 37 percent jump in the number of people seeking an emergency place to stay, from 276 people to 379. And there was a 56 percent increase in people who received counseling and other services.

"In our shelters, we are seeing a tremendous increase in the people coming in," said Pam O'Brien, the shelter's president. "We had seen a tremendous increase last year, then on top of it, this year we saw another increase."
Many domestic violence cases can be resolved without a criminal record if your lawyer has you immediately enroll in an anger management program or battery intervention program (BIP) and refrain from harmful contact with the victim. This can result in the charge being dismissed or "nolle prosed" without a conviction or a criminal record.

Charges of spousal abuse and domestic violence are often made because there is a pending divorce or child custody matter. In these cases, lawyer Andrew Stine can set a trial date knowing that either the victim will not show up or can use the evidence from our investigation to impeach the victim.

Being proactive in a domestic violence case can often make the difference between facing a first-degree misdemeanor charge and having the charge dismissed.

Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170.  Se habla español.

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]]>Andrew StineMon, 12 Dec 2011 15:53:00 GMThttp://www.andrewdstine.com/blog-78/432-domestic-violence-increased-in-south-florida.aspxPrison Terms for Animal Cruelty Chargehttp://www.andrewdstine.com/blog-78/431-prison-terms-for-animal-cruelty-charge.aspxAnimal cruelty is a charge that umbrellas several different definitions of crimes within the state of Florida. Animal cruelty charges can include animal neglect, felony or misdemeanor animal cruelty, and even animal fighting. Lake Worth man gets prison term for poor treatment of dogs. After a two-hour hearing, judge Miller sentenced Kipp to six months in jail and five years of probation. While he can keep the five dogs a judge returned to him and a bird and a cat he owns, Miller said he can't own any more animals for five years. Before trial, he rejected a plea deal that called for no jail time- reports Jane Musgrave, Palm Beach Post. Read excerpts from the story below:

WEST PALM BEACH — Even though a jury in April convicted him of three felony and 17 misdemeanor counts of animal abuse, Scott Kipp on Thursday insisted he loves dogs and that county officials over-reacted to the makeshift kennel he created at his Lake Worth storage yard.

And, just in case Palm Beach County Circuit Judge Karen Miller doubted his word, he called more than a dozen friends to attest to his stellar character and unflagging devotion to his dogs.

As more than 11 grim-faced county Animal Care and Control Officers looked on, Kipp's friends, including an Elvis impersonator, a former Marine and an aspiring singer, paraded to the podium in hopes of saving Kipp from a lengthy prison term.

"He loves his dogs. His dogs are his life," said Delray Beach resident Barbara Owens, echoing Kipp's other friends.

Lt. Daisy Harsch of Palm Beach County Animal Care and Control said citations dating back to 1992 paint a different picture. "He may portray himself as a humanitarian, and he may be toward humans, but with his animals, it's a totally different story," she told Miller.

Kipp's attorney Bryan Raymond said Kipp didn't deserve to be sent to jail. Prosecutors pushed for a five-year sentence.

After a two-hour hearing, Miller sentenced Kipp to six months in jail and five years of probation. While he can keep the five dogs a judge returned to him and a bird and a cat he owns, Miller said he can't own any more animals for five years. Before trial, he rejected a plea deal that called for no jail time.

Assistant State Attorney Angela Miller said agents have seen worse cases of abuse. But, she said, few have flouted the law for so long.

"The significance of him is the long-standing issues that Animal Care and Control kept bringing to his attention and he kept not correcting," she said.


Today's blog.....this is a great case for appeal.....

While most people feel anger when they hear or see about cases of Animal Cruelty remember there is still a right to a dedicated and knowledgeable attorney who can help stand between the accused and the anger. Pre-Trial motion practice is the most successful tool in the arsenal of an experienced criminal defense attorney. Experienced criminal attorney defense attorney, Andrew D. Stine, of West Palm Beach, Fl has this arsenal of tools at his disposal.

Motions to Suppress and Motions to Dismiss are just headings without the qualified experienced attorney handling your criminal Animal Cruelty or Neglect Cases. Was the search warrant properly issued is not where the work begins, because in Animal Cruelty Cases the search of real property is very sweeping and broad. Experienced Animal Cruelty Defense Attorneys’ realize that broad and sweeping distinction, and instead apply other legal principles to get animal cruelty cases reduced or dismissed. Motions to Dismiss in Animal Cruelty Cases are not ground in the argument that the State will not be able to carry their burden, like in most garden variety criminal cases. Instead in Animal Cruelty Cases, the Motion to Dismiss is grounded in “legal principles” and not factual issues.

Defending Animal Cruelty Cases is not for the inexperienced Attorney, who dabbles in garden variety criminal matters because with the wrong Attorney those accused of animal cruelty in the State of Florida end up behind bars.

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]]>Andrew StineFri, 09 Dec 2011 14:26:00 GMThttp://www.andrewdstine.com/blog-78/431-prison-terms-for-animal-cruelty-charge.aspxFlorida Hotel Robbery Video Is Releasedhttp://www.andrewdstine.com/blog-78/430-florida-hotel-robbery-video-is-released.aspxAccording to police, the two men, one of them armed with a handgun, walked into the Comfort Inn at 2520 Stirling Road shortly before 1:30 a.m. on Nov. 14. One man reached over the counter for the cash register but was unable to locate it. On the surveillance video he can then be seen approaching a man and snatching his wallet before running away.

The video shows the gunman jumping over the counter where police said he demanded cash from an employee. The clerk told him that money was not kept at the front counter, at which point the man rummaged through a cabinet, then jumped back over the counter and fled.

Robbery is the crime of taking or attempting to take something of value by force or threat of force and or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.

Robbery differs from simple theft in its use of violence and intimidation.

Among the types of robbery are piracy, armed robbery involving use of a weapon, and aggravated robbery involving use of a deadly weapon or something that appears to be a deadly weapon.

What is Grand Theft in Palm Beach County?
There are many acts of stealing that fall under the Florida "theft" law. Property can be anything from shoplifting to stolen cargo. Grand theft is the most serious offense. Any property taken that has a value of more than $300 is considered to be grand theft. Grand theft penalties vary by degrees according to the value of the items taken.
In Florida, the seriousness of a theft charge depends upon the amount taken. Theft of $300 or less is misdemeanor petty theft, which is punishable by up to one year in jail and a $1,000 fine. Theft or embezzlement of more than $300 is grand theft, a felony that may be subject to a mandatory minimum prison sentence of three or more years.

If you have been charged with grand theft, an experienced Palm Beach County grand theft attorney will investigate all evidence and take all necessary steps to get the charge dismissed.

Law firm of Andrew D. Stine, P.A., in West Palm Beach, takes a proactive approach in defending clients who have been charged with theft. Even a conviction for petty theft can be very detrimental to your future. A misdemeanor shoplifting conviction will result in a permanent criminal record. In addition, one petty theft conviction will build on another, and your third offense will be charged as a felony.

The sooner you hire a qualified grand theft lawyer, the better your chances will be for getting that charge reduced or dismissed.

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]]>Andrew StineWed, 07 Dec 2011 16:05:23 GMThttp://www.andrewdstine.com/blog-78/430-florida-hotel-robbery-video-is-released.aspxGetting The Right Criminal Defense Attorneyhttp://www.andrewdstine.com/blog-78/429-getting-the-right-criminal-defense-attorney.aspxWhen you or someone you know are charged with a crime, selecting the right lawyer for the case can be the hardest part of the whole ordeal. Issues of ability, price, and experience are all important. Criminal defense attorneys fight for what they believe in. If your defense attorney believes in your innocence, he or she will do the research and put forth the effort to ensure your vindication. Defense attorneys fight for the preservation and continuation of everyone’s constitutional rights.

A common stereotype of criminal defense lawyers is that their only role in court is to question witnesses with a prepared set of questions. However, this stereotype is misleading because a defense attorney’s role in court involves much more than that. For example, they have the opportunity to negotiate with prosecutors in an attempt to lessen charges or sentences.

When you or someone you know are charged with a crime, selecting the right lawyer for the case can be the hardest part of the whole ordeal. Issues of ability, price, and experience are all important. Equally important, however, is the relationship and attitude of the lawyer and his or her staff.

Having an experienced, hard-working, and knowledgeable criminal defense attorney on your side is the only way to have a good chance in court. Please review the steps below to help you make an informed decision. Criminal Defense Attorney

  • Get a criminal defense attorney who concentrates his practice in the area of defense that you need.
  • Public defenders get a bad rap, but they are the most experienced criminal defense lawyers. In spite of popular opinion, public defenders are extremely skilled (in general), and are often consulted by private attorneys, because they have seen more of the criminal justice system than others.
  • Determine what kind of qualities are important to you. Do you want someone young and who is willing to make up for a lack of experience through hard work, or someone with well-established credentials? Does your case require someone who has special knowledge of a certain area of criminal law (like tax law or SEC investigations), or will any criminal lawyer be sufficient?
  • Ask friends if they know (or have experience with) a criminal defense attorney. This is not the time to hire your 3rd cousin who once won a speeding ticket case for your uncle. If you are charged with a crime that can cause you to have a criminal record, you need someone who knows exactly what he or she is doing.
  • Find out what legal organizations the lawyer belongs to. At the very least, he should belong to the County and State Bar Associations. If he belongs to the National Association of Criminal Defense Lawyers (NACDL), his State Association of Criminal Defense Lawyers, or to the ABA's Criminal Justice Section, that is a good indication he has more than a passing interest in criminal defense.
  • Determine if he has ever held an office in any of the organizations of which he is a member. Bar association activities are good indications of how the lawyer's colleagues feel about him.
  • Don't be fooled by advertising slogans, such as "former deputy district attorney" or "aggressive trial lawyer." Meet the lawyer and decide if you have confidence in his or her skills and feel comfortable with their analysis of your case.
  • Inquire if the attorney you are interviewing has ever taught at a law school (or CLE program) or published a legal article.
  • Ask who will work on your case if you hire this attorney, and what their experience level is. Ask what rates they bill at. What percentage of work will these other people be doing, and what percentage of time will your attorney be dedicating to your case? Now is also a good time to find out what would happen to your case if your attorney became ill or unexpectedly became unavailable.
  • Discuss the facts of your case. At this point, attorneys should be able to discuss how he will proceed and what he will do. You should discuss law office communications and what ancillary services he thinks you will need (e.g. psychotherapy, private investigation, etc).
  • Remember there is no official list of the best lawyers. There is no official "win/loss" rate. Be very suspicious of attorneys who claim to "specialize" in a certain type of case, unless that lawyer is a State Bar Certified Specialist. A lawyer may concentrate in an area but may not claim to be a specialist unless an outside agency certified to make the designation so awards him with that designation.

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]]>Andrew StineMon, 05 Dec 2011 16:30:00 GMThttp://www.andrewdstine.com/blog-78/429-getting-the-right-criminal-defense-attorney.aspxDUI Charges in Palm Beach Countyhttp://www.andrewdstine.com/blog-78/428-dui-charges-in-palm-beach-county.aspxGetting charged with a DUI (Driving Under the Influence) is a serious offense and it could impact your life forever if you are convicted. Each year, states impose tougher DUI laws and more severe drunk driving penalties. Florida is no exception. This is what can happen to you for a first time DUI conviction in Florida: DUI Charges

  • Jail – 6 Months Maximum - blood alcohol level (BAL) from .08 to less than .15
  • Jail - 9 Months Maximum - BAL above .15
  • Fine – From $500 to $1,000 - BAL from .08 to less than .15
  • Fine – From $1,000 to $2,000 - BAL above .15 or Minor in Vehicle
  • License – Suspended from 180 Days to 1 Year
  • Hardship Reinstatement – Complete DUI School Prior to Hardship Application
  • Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
  • Community Service Fine - $10 for Each Hour of Community Service Required
  • Community Service – 50 Hours
  • Treatment Program May Be Allowed in Lieu of Imprisonment
  • Vehicle Impound – 10 Days
The State of Florida has greatly enhanced the penalties for DUI in recent years. The first conviction may result in a term of imprisonment or probation, a substantial fine, community service time, and a loss of driving privileges. If the judge decides to give you probation rather than a jail sentence, you must be required to report to a probation officer once a month for a year and pay $55 per month for the costs of probation. Completion of DUI school and an evaluation for substance abuse is also mandatory. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the court, it is very difficult to successfully challenge that conviction after the fact.

A second conviction for DUI can carry with it a mandatory term of imprisonment for not less than 10 days. Subsequent DUI convictions carry even more severe penalties, including long-term jail sentences and mandatory revocation of driving privileges.

The State of Florida must prove a DUI beyond and to the exclusion of every reasonable doubt. The breathalyzer machine might have been in error and the results could be challenged. The circumstances of the arrest might also be subject to legal attack.

Here is something to consider. If you drink and drive, get the phone number of a good West Palm Beach DUI attorney and keep it in your wallet or pocketbook. The faster you have legal representation after a DUI arrest, the better your chances are for a dismissal and expungement. There is no way to predict the future. But you can prepare for it. If you get charged with a DUI in Palm Beach County, make sure you have the phone number of a good West Palm Beach DUI attorney right there in your back pocket.

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]]>Andrew StineFri, 02 Dec 2011 16:39:31 GMThttp://www.andrewdstine.com/blog-78/428-dui-charges-in-palm-beach-county.aspxHow the Fort Pierce Humane Society is Accused of Animal Crueltyhttp://www.andrewdstine.com/blog-78/427-how-the-fort-pierce-humane-society-is-accused-of-animal-cruelty.aspxPeople are arrested on animal cruelty charges all the time. In Florida, animal cruelty can be charged as anything from a civil infraction up to a felony. Those charges, as well as fines, add up when a person is charged with cruelty or neglect to a group of animals. The Humane Society is under scrutiny as former employees are gathering to accuse the organization of abusing animals in their care. Being charged with animal cruelty is extremely serious and only an animal cruelty criminal defense lawyer with a successful track record can guide you through this situation.

Humane Society in Fort Pierce Accused of Abuse

According to WPTV News, the Humane Society in Fort Pierce was recently accused of animal cruelty by a former doctor, a new contract is being written so St. Lucie County leaders can regulate it.

Former Humane Society employee Dr. Sara Matthews said the shelter euthanizes up to 8,000 animals a year simply because there's not enough space. A current employee also said the animals weren't sedated properly before those euthanizations, according to Scripps Treasure Coast Newspapers.

Humane Society of St. Lucie County Operations Manager David Robertson said the claims of abuse and improper euthanization are false, according to WPTV News.

The county started drafting the new contract with new oversight Tuesday. New regulations could include creating a citizen committee to make sure guidelines are upheld and biannual unannounced inspections occur. This new contract isn't agreed upon yet.

Passive and Active Animal Cruelty

As defined by Pet-Abuse.com, there are two types of animal cruelty, passive and active.

Passive animal cruelty is considered to be neglect, where the crime is a lack of action rather than the action itself. Severe neglect can be extremely painful and cause the animal and incredible amount of suffering. Neglect can be anything like starvation, dehydration, parasite infestations, inadequate shelter in extreme weather, and failure to seek veterinary care.

Active animal cruelty is when a person deliberately and maliciously causes physical harm to an animal. This particular type of animal cruelty is taken extremely seriously as it is often disturbing and may show signs of serious psychological problems.

Animal Cruelty Criminal Defense

If you have been accused of animal cruelty, you need to seek legal help immediately. Animal law is constantly changing and experienced criminal defense lawyers like Andrew D. Stine keep up with the changes. Not only can a lawyer answer any questions you may have, but he or she can aggressively defend your case to make sure you have the best possible outcome for your situation.

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]]>Andrew StineWed, 30 Nov 2011 18:14:32 GMThttp://www.andrewdstine.com/blog-78/427-how-the-fort-pierce-humane-society-is-accused-of-animal-cruelty.aspxHow a Mother of an Obese Third-Grader was Charged with Child Neglecthttp://www.andrewdstine.com/blog-78/426-how-a-mother-of-an-obese-third-grader-was-charged-with-child-neglect.aspxChild abuse can come in many different forms. Some forms of child abuse include but are not limited to: child neglect, sexual abuse, and sexual exploitation. As the obesity rate in America continues to increase, parents of severely overweight children are beginning to be questioned and even criminally charged with child neglect. If you are a parent of a child medically determined to be obese, you may need to consult a criminal defense lawyer because there is a possibility you could be charged with child neglect.

Child Neglect According to Florida Law

Child neglect is defined as:
"When a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes a child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired."
If a person is deemed to have willfully or by "culpable negligence" neglected a child without causing serious bodily harm, permanent disfigurement or disability, is guilty of a third-degree felony. If there was permanent harm caused because of the neglect, it will be charged as a second-degree felony.

Ohio Third-Grader Place in Foster Care

According to a WPTV News article, an Ohio third-grader who weighs more than 200 pounds has been taken from his family and placed into foster care after county social workers said his mother wasn't doing enough to control his weight. The Plain Dealer reports that the Cleveland 8-year-old is considered severely obese and at risk for such diseases as diabetes and hypertension.

The mother's criminal defense lawyer says the county overreached when authorities took the boy last week. They say the medical problems he is at risk for do not yet pose an imminent danger. A spokeswoman says the county removed the child because caseworkers saw his mother's inability to reduce his weight as medical child neglect.

Criminal Defense

If you have been accused of child neglect, you stand at serious risk of being criminally charged and losing your child. Contact a criminal defense lawyer immediately so that you can at least have a chance of keeping your child and providing a better future for him or her. Only a criminal defense lawyer can help you after you have been accused of this serious felony. 

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]]>Andrew StineMon, 28 Nov 2011 14:02:15 GMThttp://www.andrewdstine.com/blog-78/426-how-a-mother-of-an-obese-third-grader-was-charged-with-child-neglect.aspxHow to Avoid a DUI During the Holidayshttp://www.andrewdstine.com/blog-78/425-how-to-avoid-a-dui-during-the-holidays.aspxThe holidays are right around the corner and with them comes weeks of celebrating. The rate of DUI arrests rises sharply during the holidays as people spend more time at holiday parties. Drinking and driving is always a serious crime but law enforcement officers pay particularly close attention to the roadways during this time of year because of the expected rise in DUIs.

Florida DUI Law

A DUI in Florida is generally a misdemeanor. A first offense can cost you anywhere from 180 day license suspension to 1 year. You could also spend up to 6 months in jail and be forced to pay a $500 fine. A DUI conviction will stain your record for years.

A DUI involving serious injury to another is a 3rd degree felony. Your potential jail time, fines, and term of license suspension will increase dramatically if another person was injured or if you had a minor in the vehicle.

How to Avoid a DUI

A DUI in Florida is a very serious crime but can easily be avoided. According to WPTV News, AAA and Budweiser have teamed up in an effort to protect potential victims of DUI accidents. They created the Tow to Go program in 1998, designed to provide anyone who has had too much to drink a free and confidential ride and tow home from any bar or restaurant.

A Tow to Go program manager stated:

“The busiest time for the Tow to Go program is during the upcoming holiday season when more than 70 percent of the call volume is received.”

If you ever find yourself in a situation where you have had too much to drink and cannot manage a ride home, call the Tow to Go program at 1-800-AAA-HELP (222-4357).

It is extremely important to avoid drinking and driving as a DUI conviction is punished seriously in the state of Florida. You cannot afford a DUI conviction as it will restrict your freedom not only in the immediate future but possibly the rest of your life as well.

DUI Criminal Defense

It is important to use the resources available to you to avoid drinking and driving. If you do choose to make that mistake and are arrested for a DUI, you need to contact a criminal defense lawyer immediately. Again, the consequences are severe and costly. A DUI criminal defense lawyer may be able to negotiate your sentence down to community service. However, in order for you to have any chance at all to circumvent conviction, contact a lawyer immediately after your arrest.

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]]>Andrew StineFri, 25 Nov 2011 15:32:11 GMThttp://www.andrewdstine.com/blog-78/425-how-to-avoid-a-dui-during-the-holidays.aspxHow Common is Counterfeit Money During the Holidays?http://www.andrewdstine.com/blog-78/424-how-common-is-counterfeit-money-during-the-holidays.aspxAs Thanksgiving fast approaches, there is a holiday buzz in the air. Everyone is preparing to shop and spend greater amounts of money in the coming month than they do all year. South Florida store owners need to keep a sharp eye as counterfeit money is unfortunately extremely common in the area, and Secret Service is seeing a spike in the amount of counterfeit bills in circulation already.

Counterfeit Money in South Florida

According to WPTV News, South Florida is one of the top areas in the country for counterfeit money. Ron Remer with the Secret Service counterfeit division in Miami stated in an interview: "This week we've almost hit $85,000 in counterfeit currency, and we're not even at Black Friday yet." Counterfeiting money is a very serious type of fraud.

As for national ranking in trafficking counterfeit notes, South Florida trails just behind New York, Los Angeles, and Chicago. According to WPTV News, law enforcement tracks $60,000 to $80,000 a week in counterfeit bills in Miami-Dade, Broward and Monroe counties, Remer said, and it's only getting more severe as the holidays roll around.

The common trend for counterfeiters is to target very busy stores with overwhelmed cashiers. Many counterfeiters used bleached and reprinted bills that will generally pass the pen test most retailers use, but they will not pass the watermark test. Secret Service is requesting that retailers take a further step in attempting to detect counterfeit bills and check for the watermark on each bill.

According to WPTV News, Boynton Beach Police are looking for a man who found another way to convert counterfeit bills. He used counterfeit $100 bills to buy more than $2,000 in gift cards from a Walmart last week.

Shoppers who think they've been given a counterfeit bill should call the U.S. Secret Service's 24-hour hotline at 305-863-5050.

Fraud Criminal Defense

Counterfeiting bills is a federal felony. Secret Service is in charge of investigation. If you are convicted of fraud by counterfeiting money, you could be facing up to 15 years in prison, hefty fines, confiscation of property, and paying restitution. If you unknowingly used counterfeit money and have been accused of a crime, a South Florida criminal defense attorney can help you.


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]]>Andrew StineWed, 23 Nov 2011 16:05:57 GMThttp://www.andrewdstine.com/blog-78/424-how-common-is-counterfeit-money-during-the-holidays.aspxWhat is Happening with the Florida Drug Law?http://www.andrewdstine.com/blog-78/423-what-is-happening-with-the-florida-drug-law.aspxFighting a drug charge can be extremely complicated. Now with the new changes in the Florida Drug Law, things may be even more confusing. A criminal defense lawyer is the best person to speak with if you have questions about the drug crime allegations against you. Since Orange County Judge Mary Scriven found the Florida Drug Abuse Prevention and Control law unconstitutional, charging offenders with drug crimes involving intent is becoming a grey area.

Drug Law in Florida

Judge Scriven called the law “atavistic and repugnant to the common law,” after Mackle Vincent Shelton, was convicted on a cocaine offense and sentenced to 18 years in prison even though he was unaware that his friend hid cocaine in his backpack.

The idea behind the Drug Abuse Prevention and Control Law is the removal of the intent requirement. Basically, the offender can be convicted of a legitimate drug crime even if they were unaware that they were in possession of the substance.

The law is being aggressively protested and the National Association of Criminal Defense Lawyers and the American Civil Liberties Union, have filed briefs against it. WPTV News reported that the case is on a fast track to the Florida Supreme Court. The Florida Supreme Court has set an oral argument for December 6.

According to WPTV News, a Miami appellate court recently upheld the drug law’s constitutionality.

Depending on the Florida Supreme Court’s ruling, the case can have a very significant impact on thousands of drug offenders. Being charged with a drug crime is already a messy process, now mixing in the change in legislature could drag the process on even longer.

Criminal Defense

If you have been charged with drug possession or drug trafficking, you need to contact a criminal defense lawyer immediately. These changes in legislation are going to significantly impact the possibility of a conviction. A criminal defense lawyer is knowledgeable about this situation and can help you devise a strategy for the best possibly outcome.

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]]>Andrew StineMon, 21 Nov 2011 16:30:57 GMThttp://www.andrewdstine.com/blog-78/423-what-is-happening-with-the-florida-drug-law.aspxHow a Fort Lauderdale Man was Arrested for $11 Million Fraudhttp://www.andrewdstine.com/blog-78/422-how-a-fort-lauderdale-man-was-arrested-for-11-million-fraud.aspxFort Lauderdale is a premium area for investors. Unfortunately, with the amount of money flowing through the city in investments and ventures, there is a significant amount of crime that follows suit. Organized scheme to defraud is a crime that seems to be a common white-collar crime that makes South Florida headlines. Thursday, a Fort Lauderdale man was arrested for running an $11 Million fraud.

Fraud and Grand Theft

According to Florida Law, theft of more than $100,000 by fraud is a first-degree felony, punishable by up to 30 years and a $10,000 fine. The sentencing also varies depending on the type of fraud committed such as mortgage fraud, wire fraud, securities fraud, tax evasion, or organized schemes to defraud.

Fraud in Fort Lauderdale

A Fort Lauderdale business man was arrested Thursday after convincing several investors that he owned shares worth tens of millions of dollars of privately held companies like Facebook, Twitter, Groupon, and the game developer, Zynga.

John A. Mattera, 50, used a hedge fund he created called the Praetorian Global Fund to roll in the money he collected from optimistic investors. Mattera told the investors that he would keep the money secure in escrow accounts, according to Manhattan U.S. Attorney Preet Bharara.

According to a WPTV News report, Mattera spent at least $3.8 million of the investors’ money on personal expenses such as luxury cars, jewelry, home furnishings and interior design. He even began his own charity foundation that sponsored Florida Atlantic University football head coach Howard Schnellenberger’s weekly fan breakfasts. Mattera also joined the board of the American Red Cross Broward County Chapter. He has since been removed from the board.

IRS agents collected Mattera at his Fort Lauderdale home Thursday. He is being held and is facing extradition to New York. His charges include conspiracy to commit fraud, securities fraud, wire fraud, and money laundering.

Fraud Criminal Defense

Mattera is going to need an extremely experienced criminal defense lawyer to get him a minimal sentence from these charges. If you have ever been accused of fraud of any kind, you will need legal help from a criminal defense lawyer. If your lawyer has a cooperative relationship with prosecutors, you may be able to settle for just paying restitution. In Florida, restitution outweighs incarceration.

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]]>Andrew StineFri, 18 Nov 2011 16:13:57 GMThttp://www.andrewdstine.com/blog-78/422-how-a-fort-lauderdale-man-was-arrested-for-11-million-fraud.aspxHow More School Teachers are Being Arrested for Sexual Misconducthttp://www.andrewdstine.com/blog-78/421-how-more-school-teachers-are-being-arrested-for-sexual-misconduct.aspxWith former Pennsylvania State University Football Coach Jerry Sandusky all over the media for sexual misconduct and sexually assaulting minor boys, the audience and the law are paying much closer attention to school officials' contact with students. There has been a very significant rise in arrests and accusations of school teachers and officials engaging in sexual misconduct with Palm Beach County students. Is it the media that's helping these crimes to surface?

Sexual Misconduct and Sexual Assault by School Officials

News reports are pouring out by the minute from the State College, Pennsylvania area. Former PSU Football Coach Jerry Sandusky's name has been plastered all over every media outlet for one of the biggest scandals a university has faced in years. Sandusky is facing several counts of sexual assault against a minor for eight different boys he is accused of engaging in sexual misconduct with.

Sandusky may be the big name in the papers but even locally, several school officials are under investigation for allegedly engaging in sexual misconduct with students. Miami-Dade police are asking for help locating a West Kendall charter school teacher accused of engaging in illegal sexual conduct with a 12-year-old girl, according to the Palm Beach Post.

Paul Michael Mira, 29, was a physical education teacher and athletic director at the Archimedean Middle Conservatory and Archimedean Upper Conservatory. He is being accused of using his position as a physical education teacher to engage in unlawful sexual conduct with the young girl in various locations around the county from October through Nov. 3, according to the Post.

The school has suspended Mira with pay until the conclusion of the investigation, said George Kafkoulis, president of the Archimedean Academy.

Criminal Defense

It is almost as if the media's focus on Sandusky's case is shedding light on similar cases in other schools. Being accused of sexual assault on a minor can cost you your freedom for the rest of your life. If you have been accused of this crime, you need to contact a criminal defense lawyer immediately. If convicted, you are a facing extremely serious consequences and you will need an experienced criminal defense lawyer to represent you through the legal process.

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]]>Andrew StineWed, 16 Nov 2011 16:39:53 GMThttp://www.andrewdstine.com/blog-78/421-how-more-school-teachers-are-being-arrested-for-sexual-misconduct.aspxHow was a Lauderhill Cop Charged with Shooting Firearm from Vehicle?http://www.andrewdstine.com/blog-78/420-how-was-a-lauderhill-cop-charged-with-shooting-firearm-from-vehicle.aspxWhile we as citizens have the right to bear arms, there are so many laws regulating the use, purchase, selling, and carrying of firearms. Discharging a firearm from a vehicle within a defined proximity of a person for example, is a serious felony. The crime gets even more complicated when it's an officer in uniform discharging the firearm for reasons that do not involve a heated pursuit.

Lauderhill Cop Arrested for Shooting at Another Cop

According to a WPTV News report and Lauderhill Police, Officer Kristopher John Bieger, 30 fired several shots at another officer as she worked an off-duty security job at Inverness plaza around 7:30 pm Saturday night. The target of the shooting was in uniform and sitting in her marked patrol car when Bieger opened fire with a handgun, according to the news report.

The female officer was not hit and the gun used in the shooting was not Bieger's service revolver. According to the news report, Bieger allegedly left the scene, drove 16 miles to Donato's Ristorante and ordered two slices of pizza. Later on that evening SWAT teams poured in and Bieger was arrested without incident.

Bieger now faces charges of attempted first-degree murder and discharging a firearm from a vehicle, according to Lauderhill Police Capt. Constance Stanley.

Bieger, on the force since October 2006, has been suspended without pay. He is being held in the Broward Main Jail.

Discharging a Firearm from a Vehicle

According to Florida Law, any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a second-degreefelony. If you have ever been accused of this serious crime, you are going to need legal help. A criminal defense lawyer will be able to explain how this law does not apply to those who are defending life or property or using the firearm during official duty requiring the discharge of the weapon.

A criminal defense lawyer will launch a personal investigation into your case to help you design the best possible defense strategy for your situation. It is important to have legal representation because the sentences for weapons charges can be extremely serious.

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]]>Andrew StineMon, 14 Nov 2011 18:56:12 GMThttp://www.andrewdstine.com/blog-78/420-how-was-a-lauderhill-cop-charged-with-shooting-firearm-from-vehicle.aspxHow Common is Sexual Misconduct in Schools Becoming?http://www.andrewdstine.com/blog-78/419-how-common-is-sexual-misconduct-in-schools-becoming.aspxParents send their children to schools entrusting the teachers and administration to provide their children with a safe, harm-free environment. While teachers cannot protect students from every potential threat, it is especially alarming to see the rise in sexual misconduct against children happening in Palm Beach County schools. The case of Carol Flannigan in 2004 helped shed light on the reality that our children are not always safe in school.

Sexual Misconduct against Children in Palm Beach County

WPTV News recently reported that dozens of teachers have been fired for allegedly sexually engaging students since 2006. According to the report, in 2004, former Boynton Beach music teacher Carol Flannigan was arrested after admitting to having sex with a 5th grader.

"I've tried to fight my feelings for you," Flannigan said to the student during a recorded phone conversation just prior to her arrest.

The Contact 5 Investigators poured through years of substantiated cases of teachers sexually harassing students.

"It's wrong, bad, illegal behavior and we will prosecute to the fullest extent," said Nat Harrington, spokesperson for the Palm Beach County School District.

Tonight at 11 pm EST., WPTV News Channel 5 will reveal just how often sexual misconduct is exchanged between students and teachers. The numbers are shocking and will make you open your eyes to the world of crime and danger that children are exposed to every day.

Sexual Battery

Sexual misconduct can be categorized as sexual battery depending on the circumstances. Sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another, or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. Statistics say that 683,000 forcible rapes occur every year in the US, which comes down to 1.3 forcible rapes every minute.

This crime is extremely serious. If the crime involved a person over 18 years of age committing sexual battery upon a person less than 12 years old, can be charged with a capital felony punishable by death according to Florida Statute 794.011.

Criminal Defense

Being charged with any crime can seriously impact your life. However, being charged with a sex crime has an entirely new connotation. No matter what the outcome of your sentence is, you will most likely have to register as a sex offender - a mark on your record that will haunt you for the rest of your life. A criminal defense lawyer can help you achieve the best possible outcome. Contact a criminal defense lawyer immediately after your arrest to make sure you will at least have a fair trial.

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]]>Andrew StineMon, 14 Nov 2011 16:19:02 GMThttp://www.andrewdstine.com/blog-78/419-how-common-is-sexual-misconduct-in-schools-becoming.aspxAnimal Law Conference Next Tuesdayhttp://www.andrewdstine.com/blog-78/418-animal-law-conference-next-tuesday.aspxAnimal law is evolving rapidly and the changes can be seen throughout the nation. The laws in South Florida changed to make the laws that protect animals much stricter, specifically the tethering laws. These new laws have seen a spike in animal cruelty arrests in the area, and the laws are only continuing to change.

Animal Law Conference

A live audio conference will be held on November 15 at 1:00 pm ET for a full hour and 30 minutes discussing the field of animal law. The conference is hosted by Lorman Educations Services and will discuss issues like litigation, legislation, and corporate/transactional work. It is important to understand how much animal law is changing and developing throughout the country and this conference can serve as a comprehensive introduction to the most popular topics in animal law and the changes that are being put in place.

Other topics will include issues involving dog bites, dangerous dogs, the new tethering laws, and even breed specific legislation. Animal law education is growing and supplementing the growth of animal law itself. Expanding your knowledge and familiarity with animal law is very important and this conference will provide with you with several cases as examples to help you gain a greater understanding of animal law as a whole.

Conference Agenda

Bruce Wagman, whose practice covers a wide range of litigation, legislative counseling and legal consultation, as well as teaching in multiple law schools, will provide a survey of highlighted areas and specific cases.

The conference agenda will include topics such as:
  • Animals in Entertainment
  • Animals in Research
  • Farmed Animals
  • Companion Animals

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]]>Andrew StineWed, 09 Nov 2011 17:13:55 GMThttp://www.andrewdstine.com/blog-78/418-animal-law-conference-next-tuesday.aspxLinda Cooney Arrested Again for Attempted Murder with Weapon She Used to Kill Husbandhttp://www.andrewdstine.com/blog-78/417-linda-cooney-arrested-again-for-attempted-murder-with-weapon-she-used-to-kill-husband.aspxIn 1993, Linda Cooney was acquitted for murdering her husband. Nearly 20 years later, Cooney is back in the media spotlight when police were called to another shooting in the Cooney’s Las Vegas household. Kevin Cooney, her son, 30, was shot in the neck. The shooter? Linda Cooney.

The Cooney Case

According to a WPTV News report, as a 10-year-old boy, Kevin Cooney saw his father on the hallway floor shot four times. He stood witness on the stand as an 11-year-old in a case that would haunt him and his little brother for the rest of their lives. According to several news reports, Linda Cooney and prominent James Cooney had several disputes throughout their marriage, even in front of their two boys.

Police were called to the home for several domestic disputes in the early 1980’s, and Linda Cooney often accused her husband of beating her. James Cooney filed for divorce twice in 1987 but the couple supposedly reconciled both times until the divorce was finalized in 1988. In 1992, she shot James and killed him.

Cooney and her criminal defense lawyer used a self-defense strategy and she was acquitted for her husband’s murder.

In June of 2011, Linda Cooney shot her own son Kevin, now 30, through his neck, with the exact same caliber handgun she used to kill his father.

According to WPTV News, Criminal Defense Lawyer Anthony Natale who defended Cooney in her case said "it's surprising...I think that's all I can say."

According to Las Vegas court records and police, Linda Cooney was arrested on charges of domestic violence battery with a deadly weapon on Sept. 16.

According to WPTV News, “court records show the charges against Linda Cooney were raised to attempted murder and she was released on $100,000 bond. Rivera said he did not have any information on the extent of Kevin Cooney's injuries, but those close to the family said he is now paralyzed.”

Domestic Violence and Battery

Domestic violence and battery within the home is very serious but unfortunately common. Many people in the South Florida area either have a loved one or someone they know that has exposure to this particular crime. Being accused of domestic violence or battery can be extremely complicated. A criminal defense lawyer can help you through the legal process and help you devise a defense strategy.

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]]>Andrew StineMon, 07 Nov 2011 16:38:34 GMThttp://www.andrewdstine.com/blog-78/417-linda-cooney-arrested-again-for-attempted-murder-with-weapon-she-used-to-kill-husband.aspxUpdate: Fort Lauderdale Cops Surrender and Criminally Chargedhttp://www.andrewdstine.com/blog-78/416-update-fort-lauderdale-cops-surrender-and-criminally-charged.aspxIt seems that we are hearing about cops committing crimes more often these days. It has been rumored that when police officers are charged with crimes, they suffer sentences that are much less severe than those of average citizens. This is evidenced by the fact that even when law enforcement officers are on leave after the crime surfaced, they are still paid.

Fort Lauderdale Cops Criminally Charged

Last week, WPTV News reported that at least two Fort Lauderdale police officers accused of stealing cash and drugs from pain clinic clients, kidnapping a man and lying about cases were expected to be criminally charged this week. Detectives Billy Koepke and Brian Dodge turned themselves in at the Broward Main Jail Thursday night.

Koepke and Dodge, both members of the Street Crimes Unit, have been under investigation for months. The unit is better known by its old name: the Raiders, according to WPTV News. The two are charged with racketeering, kidnapping, grand theft, extortion and official misconduct, prosecutors said. Both officers face at least 15 criminal counts each.

"Officers Dodge and Koepke were involved in an 'ongoing pattern of criminal conduct' that focused on stealing money and pills from patrons of pain clinics," said Ron Ishoy, a spokesman for Broward State Attorney Mike Satz.

The FBI and Fort Lauderdale Police Department conducted the investigation with state prosecutors, Ishoy said. Arrest documents and full details of the allegations were not immediately available.

Dodge's criminal defense attorney stated that there is no hard evidence, there was no warrant, and that the case is still up in the air because the investigation failed to provide any proof. However, the two detectives were caught on camera conducting an arrest that conflicted with their written reports of what actually happened.

Dodge has a previous record of being suspended for misconduct and abusing the privileges of his position as an officer of the law.

Criminal Defense

Dodge and Koepke both have a criminal defense lawyer that will conduct their own investigations in order to provide their clients with the strongest possible defense. A criminal defense lawyer can help you through any difficult legal process if you have been accused of a crime. Criminal charges can be extremely serious and there is no reason you should go at it alone, a criminal defense lawyer can be a part of your team to make sure you get the best possible outcome.

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]]>Andrew StineFri, 04 Nov 2011 13:01:24 GMThttp://www.andrewdstine.com/blog-78/416-update-fort-lauderdale-cops-surrender-and-criminally-charged.aspxWho Reports Child Abuse?http://www.andrewdstine.com/blog-78/415-who-reports-child-abuse.aspxChild abuse or neglect in Florida is an extremely serious crime. If you are accused of child abuse, you could be facing a serious misdemeanor or felony charge. A child in the state of Florida is defined as someone under the age of 18 years old. Abuse can be anything from physical harm, sexual harm, emotional harm, or even the threat of imminent danger. Child abuse is usually reported when a witness of some kind reports suspicion to the Department of Children and Families.

Child Abuse in Boynton Beach

According to WPTV News, a man in Boynton Beach was arrested on Monday and charged with child abuse. He was caught by surveillance cameras punching his daughter in the eye by Boynton Beach High School. Terry Devon Adderley, 35, posted a $3,000 surety bond on Monday and left the Palm Beach County Jail at 9:49 p.m.

According to the probable cause affidavit, a Palm Beach County School District police officer was approached on Friday at 5:26 p.m. by a student who reported that a father had punched his daughter in the eye.

On Monday, when the girl, whose name is withheld in the report, returned to school, she had a bruised black left eye, according to the affidavit. The girl told the officer that her father "grabbed her by the shirt and hair and eventually hit her in the eye."

Other witnesses reported that they saw Adderley and his daughter exchanging blows, after he punched her.

Child Abuse Criminal Defense

Child abuse and neglect are crimes taken extremely seriously in Florida. If you have been accused of either one of these crimes you need to consult a criminal defense lawyer immediately. Not only are witnesses the first people to report cases of child abuse, but there are people required by law to do so. These people include physicians, school teachers, and even mental health professionals. A criminal defense lawyer is the only person that can guarantee that your rights are protected throughout the process.

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]]>Andrew StineWed, 02 Nov 2011 10:57:19 GMThttp://www.andrewdstine.com/blog-78/415-who-reports-child-abuse.aspxWhat is Predictive Policing?http://www.andrewdstine.com/blog-78/414-what-is-predictive-policing.aspxPalm Beach County Law Enforcement is looking into using a new form of technology that may actually decrease the crime rate. Several other counties across the nation are adopting the use of "predictive policing," a technology that collects and analyzes statistical data that supposedly gives police the ability to predict a potential crime scene. The use of this technology may have a dramatic impact on arrests, but it may also cause problems because technology may not always be reliable.

Predictive Policing

According to WPTV News, "predictive policing" is software that collects crime-suspect and trend data, analyzes it and compiles a list of crimes that may occur. Predictive policing differs from technology most police agencies now use, which compiles data after the fact to plot crime patterns.

"Right now we look at what's been reported," Boca Raton Police Chief Dan Alexander said. "We apply our resources according to where we see those trends occur. We'd like to address those dots on the map before they happen."

According to WPTV News, predictive policing is among the initiatives under study by the Palm Beach County Law Enforcement Exchange Program, a countywide effort to share data among police agencies. The program could be underway next year.

The cost, still undetermined, could run into the millions, depending on which Palm Beach County police agencies sign on, and there's no plan on how it would be paid for. The Fort Lauderdale Police Department also is looking into predictive policing, but has not plans yet to purchase a system.

Criminal Defense

This new technology may have a dramatic decreasing impact on crimes throughout Palm Beach County, an area with an extremely high crime rate. However, technology can also be faulty and cause just as many problems as it solves. If you have been accused of a crime, contact a criminal defense lawyer. A criminal defense lawyer can make sure that your rights are protected and that you are not convicted of a crime that you did not commit.

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]]>Andrew StineMon, 31 Oct 2011 11:08:34 GMThttp://www.andrewdstine.com/blog-78/414-what-is-predictive-policing.aspxWest Palm Beach Smoke Shop Workers Arrested for Selling Synthetic Marijuanahttp://www.andrewdstine.com/blog-78/413-west-palm-beach-smoke-shop-workers-arrested-for-selling-synthetic-marijuana.aspxThe DEA deemed synthetic marijuana, or synthetic cannabinoids and stimulants into the Controlled Susbtances Act, making it very illegal to possess or sell any substance that is considered a synthetic alternative to marijuana. Spice and K2 are incenses created by a mixture of chemicals that people have been smoking, as it has a similar stimulating effect to that of marijuana. Selling any controlled substance is a felony and if you are accused of this crime, you need a criminal defense lawyer immediately.

Synthetic Marijuana in West Palm Beach

According to WPTV News, a three-month investigation into the suspected sale of illegal "synthetic marijuana" resulted in the arrests Thursday of a suburban West Palm Beach smoke shop owner and a shop employee, the Palm Beach County Sheriff's Office said.

Monica Lee, 37, the shop owner, and employee Hope Shipley, 27 were arrested after the two were caught red-handed selling banned synthetic substances to undercover agents at A Hidden Treasure Smoke Shop. Lee is charged with one felony count of unlawful possession of property for sale of a controlled substance, and one felony count of sale of a controlled substance. Shipley is charged with three counts of sale of a controlled substance.

The shop was under investigation because authorities had suspicions that the shop was selling banned substances like the incenses Mr. Nice Guy, Spice and K2 to customers who specifically asked for it, police said.

Synthetic substances can pose health risks, said Tate Yeatman, a sheriff's office forensic scientist. In March, the U.S. Drug Enforcement Agency placed several synthetic cannabinoids and stimulants into the Controlled Substances Act. Yeatman stated that these synthetic types are much more potent than the THC in marijuana.

Controlled Substance Criminal Defense

If you have been accused of drug possession or drug trafficking, you are at the beginning of a long, complex legal process. A criminal defense lawyer can help simplify things for you. A lawyer may be able to conduct his own investigation into your situation to prepare the best defense possible. You need legal help if you want to get through the process with the least possible ramifications.

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]]>Andrew StineFri, 28 Oct 2011 12:55:07 GMThttp://www.andrewdstine.com/blog-78/413-west-palm-beach-smoke-shop-workers-arrested-for-selling-synthetic-marijuana.aspxFort Lauderdale Cops Accused of Serious Crimes but on Leave with Payhttp://www.andrewdstine.com/blog-78/412-fort-lauderdale-cops-accused-of-serious-crimes-but-on-leave-with-pay.aspxSerious crimes committed by police officers usually make headlines, but for some reason the immediate consequences do not seem to be as harsh as it could potentially be for citizens that commit the same crime. Two Fort Lauderdale officers have been accused of grand theft, kidnapping, and lying about the case. The grand theft committed could potentially be charged as a third-degree felony. The crime gets even more complicated as the money stolen should have been placed in evidence.

Fort Lauderdale Officers Accused of Crimes

According to WPTV News, at least two Fort Lauderdale police officers accused of stealing cash from pain clinic clients, kidnapping a man and lying about cases are expected to be criminally charged next week, sources say.

Detectives Billy Koepke and Brian Dodge, of the department's Street Crimes Unit, have been under investigation for several months. The probe began with a hotel security video that contradicted the officers' accounts of two arrests they made at a Red Roof Inn in Oakland Park, according to WPTV News.

The reports stated that investigators from a police corruption task force now believe that Koepke and Dodge went after drug buyers and sellers, claimed they found cocaine on one person who had none, and stole several thousand dollars in cash that should have been placed in evidence, according to WPTV News.

Koepke, 32, and Dodge, 30, have been "relieved from duty with pay" since April 18, police department officials said.

Crime Recap

Grand theft is the intentional and unlawful taking of property valued at more than $300 dollars. Depending on the amount taken, the crime can be charged as anything from a third to a first-degree felony. Third-degree felony grand theft is charged when the value of the property taken is between $300 and $20,000. Penalties include up to 5 years in prison and a $5,000 fine.

Criminal Defense

If you have been accused of grand theft, a criminal defense lawyer can usually negotiate with prosecutors and you may be able to walk away with just paying restitution. It is important to contact a criminal defense lawyer immediately because he will need to investigate your case and build a suitable defense on your behalf. Grand theft, or any felony for that matter, will be on your criminal record permanently and could affect the rest of your life. Do not let that happen and consult a criminal defense lawyer before anything else.

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]]>Andrew StineWed, 26 Oct 2011 14:19:00 GMThttp://www.andrewdstine.com/blog-78/412-fort-lauderdale-cops-accused-of-serious-crimes-but-on-leave-with-pay.aspxWhat is Stand Your Ground Law?http://www.andrewdstine.com/blog-78/411-what-is-stand-your-ground-law.aspxIn basic terms, Stand Your Ground Law allows anyone immunity from prosecution if he or she used force in self-defense of person or property. After claiming immunity under Florida Stand Your Ground Law, a Motion to Dismiss should be filed by the defendant’s criminal defense lawyer.

A Motion to Dismiss requests an evidentiary hearing that provides evidence to a judge showing whether or not the defendant should be immune from prosecution.

Florida Stand Your Ground Law

Florida Statute 776.032 states: “A person who uses force is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with an applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.”

Stand Your Ground Law in South Florida

James Patrick Wonder, 68, and his team of criminal defense lawyers are hoping to prevai at an upcoming Stand Your Ground hearing. They are arguing that Wonder used deadly force in self-defense in the 2008 shooting death of a federal agent after a road-rage incident, according to WPTV News.

The Florida Supreme Court ruled last year that Stand Your Ground law was intended to block any prosecution of people resorting to force in self-defense, and not just to give defendants an argument to use at trial.

An appeals court last month applied the ruling to Wonder's case and ordered the immunity hearing. Criminal defense lawyers say more and more pretrial Stand Your Ground hearings have been scheduled for cases ranging from simple battery to first-degree murder.

Criminal Defense

If you have been accused of any violent crime in which you allegedly used force, consult a criminal defense lawyer. A criminal defense lawyer will have the experience and knowledge necessary to tell you whether or not you have a solid stance using Stand Your Ground Law. If you do, you may be able to have your case thrown out of court altogether.

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]]>Andrew StineMon, 24 Oct 2011 15:22:59 GMThttp://www.andrewdstine.com/blog-78/411-what-is-stand-your-ground-law.aspxRiviera Beach Officer Commits Assault and Batteryhttp://www.andrewdstine.com/blog-78/410-riviera-beach-officer-commits-assault-and-battery.aspxAccording to WPTV News, a Riviera Beach Police officer has been charged with assault, battery and improper exhibition of a dangerous weapon or firearm, for pushing a 12-year-old boy and pulling out her Taser on him.

When Palm Beach County Sheriff's deputies arrived at Kelsey Park in Lake Park on July 12, they learned that Cherline Cornelius, 31 was being accused of allegedly pushing the boy and pulling out her Taser on him, after the boy pushed a girl, according to WPTV News.

According to WPTV News, investigations revealed that the boy had a brief scuffle with a 9-year-old girl. A camp counselor of the program then pulled the boy aside and explained that he was not to push the girl again. At some point, Cornelius spoke to the boy and "pushed" him to "let him see how it feels," according to the affidavit. The boy balled up his hands into fists, Cornelius allegedly said to "go ahead" and hit her "so she could shoot him" with the Taser, the affidavit stated.

Cornelius will soon be facing a judge but the court date has not been released publicly.

Assault and Battery in South Florida
Assault and Battery charges are so common the South Florida area that it has become a specialty for certain criminal defense lawyers. If you have been accused of assault or battery, even if it is on a minor (which could severely increase your sentence if convicted), you need to contact a criminal defense lawyer. The chances of your charges being lightened or even dropped increase dramatically when you have the assistance of a criminal defense lawyer throughout the legal process.

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]]>Andrew StineFri, 21 Oct 2011 14:26:44 GMThttp://www.andrewdstine.com/blog-78/410-riviera-beach-officer-commits-assault-and-battery.aspxWhy Child Abuse and Alcoholism Go Hand in Handhttp://www.andrewdstine.com/blog-78/409-why-child-abuse-and-alcoholism-go-hand-in-hand.aspxWhen a parent is charged with child abuse, there are usually several factors involved in the crime. All too often, alcohol or drug abuse is the common denominator. Child abuse is an extremely serious crime but parents may not even realize they are putting their children in harms way because their judgment is so impaired by the substances they choose to take. One man in Michigan is being charged with felony child abuse for letting his daughter be his designated driver. His daughter is nine years old.

Child Abuse and Alcohol

According to WPTV News, a Michigan father is facing felony child abuse charges after police say he had his nine-year-old daughter drive his van while he was allegedly intoxicated in the passenger seat.

Surveillance video from a gas stations shows Weimer's van pulling into the parking lot. Weimer then gets out of the passenger side and his daughter is seen getting out of the driver's side of the van. He can be heard on the surveillance video bragging that his daughter is only nine-years-old and drove him to the gas station. Weimer, who is heard saying he's drunk, also refers to his daughter as his "designated driver" and "chauffeur", according to WPTV News

A witness called 911 after seeing the two leaving the gas station with Weimer's daughter getting into the driver's seat at almost 3:00 a.m. When officers pulled them over, they found the girl sitting on a booster seat behind the wheel.

Police say Weimer didn't see a problem letting his nine-year-old daughter drive. The girl told officers her father had been drinking whiskey and that he had let her drive before.

Weimer has been charged with second-degree felony child abuse, fourth-degree misdemeanor child abuse and Habitual 4th (Felony) due to prior convictions that include unarmed robbery and felon in possession, according to police. He is free on a $25,000 personal bond and has been ordered not to have any contact with his daughter who resides with her mother.

Child Abuse Criminal Law

Being convicted of child abuse can be a serious felony. You could lose your freedom, spend precious years of your kid's childhood in prison, and you could ultimately lose your child in the end. If you have been accused of child abuse, you are headed down a long slippery road that does not lead to anything positive. A criminal defense lawyer will be able to help you build a defense strategy that may let you keep your child. You need to make the call to a criminal defense lawyer if you have been accused of child abuse, don't waste the precious years you have with your children.

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]]>Andrew StineWed, 19 Oct 2011 15:41:49 GMThttp://www.andrewdstine.com/blog-78/409-why-child-abuse-and-alcoholism-go-hand-in-hand.aspxWhat to do After being Charged with Aggravated Batteryhttp://www.andrewdstine.com/blog-78/408-what-to-do-after-being-charged-with-aggravated-battery.aspx

Aggravated Battery is a Felony

Aggravated battery is the crime of intentionally causing harm to another person using a deadly weapon. A deadly weapon can be considered a firearm, a knife, or even a vehicle. In this case, the deadly weapons used were poles and sticks. Aggravated battery is a second-degree felony punishable by up to 15 years in prison.

Aggravated Battery in Fort Pierce

According to WPTV News, a Fort Pierce teenager is suffering in critical condition after witnesses said he was beaten with poles and sticks Thursday evening. Reports say the 16-year-old victim’s condition has improved since Friday but when authorities arrived on the scene, he was suffering from seizures after several blows that fractured his skull and caused bleeding in the brain.

Authorities announced Sunday that three men were arrested in connection with the crime and potential further arrests may happen soon. Anbut Brutus, 19, and Dieune Louidor, 19, of Fort Pierce and one juvenile male have been taken into custody and charged with the serious crime of aggravated battery.

According to WPTV News, police said up to ten people may have been involved in the beating on Thursday, just after 8 p.m. on Avenue I, across the street from an elementary school. Witnesses said they saw the boy being beaten with poles, rods and sticks for several minutes.

The community is expressing frustration because potential witnesses are unwilling to come forth and provide information that may be crucial to the aggravated battery charges against all of the people that may have been involved because they fear the backlash that may occur.

Anonymous tips can be made to Treasure Coast Crime Stoppers by calling 1-800-273-TIPS. Tipsters may be eligible for up to a $1,000 reward.

Aggravated Battery Criminal Defense

If you have been accused of aggravated battery, you are in for a long, hard, legal process. A criminal defense lawyer is the first call you should make after being accused of aggravated battery. The act of using a deadly weapon to intentionally inflict harm or permanent injury on someone is a serious felony that can land you in prison for 15 years. A criminal defense lawyer will be able to guide you through the complexities of the legal process.

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]]>Andrew StineMon, 17 Oct 2011 14:26:14 GMThttp://www.andrewdstine.com/blog-78/408-what-to-do-after-being-charged-with-aggravated-battery.aspxWhat is Immigration Marriage Fraud?http://www.andrewdstine.com/blog-78/407-what-is-immigration-marriage-fraud.aspxPotential fraudulent marriages, also known as sham marriages, are under intense scrutiny by the US Citizenship and Immigration Services (USCIS). The USCIS targets couples the organization is suspicious of getting married specifically so the foreign national spouse can obtain a permanent residence. The USCIS has stated that over a third of the permanent resident petitions resulting from marriage are in fact, sham marriages. The government will generally scrutinize marriages that bode suspicion and intensely interview the couple.

Bona Fide Marriage vs. Fraudulent Marriage

According to the law, a bona fide marriage is considered a marriage entered into with the goal of creating a true marital relationship. If the government suspects that the marriage was created with the intention to acquire immigration benefits, then the marriage will be investigated and the couple risks serious consequences. It is considered marriage fraud and immigration fraud both so the penalties are very severe.

If the USCIS decides that the couple committed marriage fraud, then the foreign national spouse may be facing a potential lifetime ban from immigrating the U.S. regardless of the kind of visa petition it is. Both the U.S. citizen and the foreign national spouse could be facing up to 5 years in prison and/or a fine of $250,000.

Marriage Fraud in West Palm Beach

A West Palm Beach woman has been accused of a sham marriage in exchange for $10,000. She has been charged with marriage fraud, according to WPTV News. Adrianna Landa Beamon today made her first appearance in federal court to face accusations that she married a Colombian citizen in exchange for money.

Beamon was released on bond and is scheduled to be arraigned Nov. 4, the office said. 

Federal prosecutors allege that Beamon married Owen McNish on Dec. 6, 2010, in West Palm Beach, months after McNish entered the United States on a visitor visa. This past April, the couple petitioned to change McNish's immigration status.

During an interview conducted with in July with the U.S. Bureau of Citizenship and Immigration Services, Beamon and McNish failed to produce documentation confirming that they were living together as husband and wife, and also gave inconsistent responses to questions about their marriage and relationship, according to WPTV News.

Beamon later admitted that she entered into a sham marriage with McNish in exchange for $10,000, the office said.

Criminal Defense

If you have been charged with marriage fraud or any type of fraud, you need to contact a criminal defense lawyer immediately. Only a criminal defense lawyer can help you lessen your sentence and have the ability to save your marriage and stay in the country.

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]]>Andrew StineFri, 14 Oct 2011 15:26:56 GMThttp://www.andrewdstine.com/blog-78/407-what-is-immigration-marriage-fraud.aspxWhy BSO is Saying Lock Your Doorshttp://www.andrewdstine.com/blog-78/406-why-bso-is-saying-lock-your-doors.aspxBurglary is a crime where the charges can depend on the monetary value of the items stolen or the damage done. While unfortunate, burglary is very common especially in South Florida. This summer, the rate of stolen AC units for the copper materials reached an all time high. Cars are a constant target, especially for electronics like GPS units and other items of value left in the vehicle. In Broward County, the Sheriff's Office is noticing that criminals are targeting cars with unlocked doors and are unfortunately finding many vehicles that provide an open invitation for burglary.

Burglary and the Law

According to Florida Statute 810.02: "Burglary" means:

(1) Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

Burglary in Broward County

Two brothers may have set a burglary record Monday night by breaking into almost 30 vehicles in four hours, according to the Broward Sheriff's Office. The main reason? Because the doors were unlocked.

They were caught by a woman who stepped outside for a smoke when she saw a man ransacking her neighbor's 2006 GMC Sierra. He turned and ran and she immediately called 911. A Sheriff's Office canine found a man identified as Andrew Cherry, 18, of Pompano Beach, wearing a backpack filled with stolen property a few blocks away, authorities said.

Police found his brother, Anthony Cherry, 20, at their home in Pompano Beach. At the house, sheriff's deputies said they found another backpack and more stolen property, according to WPTV News.

The arrest report stated that the brothers confessed to burglarizing anywhere from 20 to 30 cars in the same neighborhood between 8 p.m. and midnight. BSO said about 75 electronic items — including GPS devices, an iPad and cellphones — were recovered. About half of the items were returned to their owners.

Anthony and Andrew Cherry are each charged with burglary of a conveyance. They were both booked into the county jail. Most of the cars, BSO said, were unlocked.

Burglary Criminal Defense

There are a lot of possible outcomes for committing a crime like burglary, but usually burglary will go wrong. If you have been caught or accused of burglary, you need to contact a criminal defense lawyer immediately so that you at least have a chance of defending yourself. A criminal defense lawyer can help you build a strong defense so you can get the best possible result out of your trial.

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]]>Andrew StineWed, 12 Oct 2011 14:18:09 GMThttp://www.andrewdstine.com/blog-78/406-why-bso-is-saying-lock-your-doors.aspxWhat Happens After I'm Arrested on Battery Charges?http://www.andrewdstine.com/blog-78/405-what-happens-after-im-arrested-on-battery-charges.aspxIn simple terms, battery is basically the touching or striking of another against his or her will. This crime can be punished as a first degree misdemeanor punishable by up to 1 year in prison. Be cautious however because the crime can be upgraded to a felony depending on the severity of the injuries inflicted or whether or not there was a weapon involved.

Battery as a Result of an Argument

Using an argument as justification for battery charges is no excuse, a man in Texas is learning exactly how battery charges work after he was charged with battery for hitting his estranged wife and pulling her hair over her lack of a response to his Facebook status update.

The Carlsbad Current-Argus reports that 36-year-old Benito Apolinar of Pecos, Texas, was arrested Monday following a fight at the Carlsbad, N.M., home of Dolores Apolinar. According to the criminal complaint, Benito Apolinar posted a comment on his Facebook page about the anniversary of his mother's death, but Dolores Apolinar didn't click the "like" status button, according to WPTV News

The complaint says Benito Apolinar told his wife that he was unhappy that she didn't respond as others did. Police say that's when a fight began. Benito Apolinar pleaded not guilty to one charge of battery, according to WTPV news.

Battery in Criminal Law

Battery is generally charged as a first degree misdemeanor unless the injuries were very severe or there was a deadly weapon involved. Being charged with first degree felony battery can cost you up to 30 years in prison. After your arrest, the State Attorney's Office reviews the case and decides what charges should be filed. At this time it is crucial that you speak with a criminal defense lawyer. A criminal defense lawyer will be able to present all of the facts from your side of the story before the State Attorney's Office decides what charges to file.

A criminal defense lawyer may even help so much that it can result in lesser charges being filed in the first place, or even no charges at all.

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]]>Andrew StineMon, 10 Oct 2011 15:30:17 GMThttp://www.andrewdstine.com/blog-78/405-what-happens-after-im-arrested-on-battery-charges.aspxIs Animal Cruelty a Misdemeanor or a Felony?http://www.andrewdstine.com/blog-78/404-is-animal-cruelty-a-misdemeanor-or-a-felony.aspxAnimal cruelty is a charge that umbrellas several different definitions of crimes within the state of Florida. Animal cruelty charges can include animal neglect, felony or misdemeanor animal cruelty, and even animal fighting. All of these charges are extremely serious and can cost you prison time and expensive fines upon conviction.

Animal Cruelty in Florida
The three types of animal cruelty charges are animal neglect, felony and misdemeanor animal cruelty, and animal fighting.
  • Animal Neglect – animal neglect is considered to be the unlawful deprivation of necessities like food, water, or shelter. Animals must be provided with a reasonable amount of exercise and a change of air if they are confined according to Florida law. This kind of neglect can be charged as a first-degree misdemeanor punishable by a maximum of one year in prison and a $5,000 fine.
  • Misdemeanor Animal Cruelty – this crime is usually defined as the unlawful and unnecessary overloading, tormenting, mutilating, or killing of an animal. This crime is usually a first-degree misdemeanor punishable by up to one year in prison and a $5,000. 
  • Felony Animal Cruelty – you can be charged with felony animal cruelty if you committed an act to an animal that results in cruel death or excessive or repeated infliction of unnecessary pain or suffering. This crime is extremely serious and can be punishable by up to 5 years in prison and a $10,000 fine. 
  • Animal Fighting – Animal fighting is unfortunately very common in South Florida. The law prohibits a person from “baiting, breeding, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of fighting.” The most common types of fighting especially in the state of Florida are dog fighting and cock fighting. It is also a crime to bet on or knowingly attend an animal fight. This is a third-degree felony punishable by up to 5 years in prison.

Animal Cruelty Criminal Defense

If you have been accused of animal cruelty, be very cautious because the State of Florida has been known to charge multiple counts of each offense depending on the number of animals involved in the crime. A criminal defense lawyer is the first person you should call after being arrested on animal cruelty charges.

A criminal defense lawyer is able to conduct a thorough investigation into your case and receive testimony from veterinarians and other animal owners. There are several additional effective defense strategies that a criminal defense lawyer can employ to help you get through this process with minimal damage.

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]]>Andrew StineFri, 07 Oct 2011 14:08:24 GMThttp://www.andrewdstine.com/blog-78/404-is-animal-cruelty-a-misdemeanor-or-a-felony.aspxWhat is Criminal Mischief in the State of Florida?http://www.andrewdstine.com/blog-78/403-what-is-criminal-mischief-in-the-state-of-florida.aspxWhat is criminal mischief? Criminal mischief is a fairly vague charge. If you have been arrested and accused of criminal mischief, you may need a criminal defense lawyer to explain exactly what the outcome of this charge might be. Your sentence will depend on the amount of damage caused by the criminal mischief you are accused of.

According to Florida Statutes, criminal mischief is defined as a crime committed when the defendant knowingly, willfully, and maliciously causes damage to any property belonging to someone else. A defendant can even be charged with criminal mischief on terms of negligence, as in the defendant failed to realize he or she was causing damage. Graffiti and vandalism are common criminal mischief crimes.

Criminal Mischief in the State of Florida

According to Florida Statutes, the charge and punishment for a crime classified as criminal mischief often depends on the damage committed. If the damage is valued at less than $200, it is considered a second-degree misdemeanor punishable by 60 days in jail and a $500 fine. If the damage is between $200 and $1,000, it is charged as a first-degree misdemeanor, which is a little more serious. This can land you in jail for a full year with up to a $1,000 fine.

Criminal mischief can actually be charged as a third-degree felony in the state of Florida if the defendant caused damage valued at greater than $1,000. The sentence for a felony criminal mischief charge is usually 5 years in prison and up to $5,000 in fines.

Regardless of the amount of damage, if you have a previous criminal mischief charge, your second one could automatically be charged as a third-degree felony.

Graffiti is a little less serious but it does carry mandatory minimum fines. For a first offense it is a mandatory fine of $250. For a second conviction it’s $500 and for a third you will be forced to pay $1,000 in fines. Graffiti convictions are usually followed by hours of community service and can include working to remove the graffiti.

Criminal Mischief Defense

If you have been charged with criminal mischief, a criminal defense lawyer may be able to help. A criminal defense lawyer can explain the nature of the charges and can also conduct an investigation into your case that my have the court lower your sentence. It is important to at least consult a criminal defense lawyer so that you have as much information as possible. By calling a lawyer, you may eventually have your charges lowered from a felony to a misdemeanor, or dropped all together.

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]]>Andrew StineWed, 05 Oct 2011 14:22:37 GMThttp://www.andrewdstine.com/blog-78/403-what-is-criminal-mischief-in-the-state-of-florida.aspxShould Sex Offenders Be Banned From Social Networking Sites?http://www.andrewdstine.com/blog-78/402-should-sex-offenders-be-banned-from-social-networking-sites.aspxIf you are convicted of a sex crime and required to register as a sex offender, almost all of you rights will be taken away. Sex-offender registration is a system designed to allow the government to keep track of people who have been convicted of serious sex crimes regardless of whether or not they have completed their criminal sentences. It tracks their residency, internet usage, and daily routine. However, should being a registered sex-offender prevent you from using social networking sites?

Sex Offender Registration

In a few states, sex offenders have been banned from using social networking sites for fear that they would exploit the use of these sites to target minors and other victims.

There is apparently a new law in effect as of August of this year in Louisiana prohibiting convicted sex offenders from “unlawful use or access of social media.” This applies specifically to registered sex offenders that were convicted for crimes against minors. The American Civil Liberties Union (ACLU) of Louisiana, is calling the statute unconstitutional in federal court, claiming that the law restricts too much activity like the ability to interact with any website that allows users to leave posts or comments.

According to CNET News, there was an Illinois law signed in August, 2009 banning sex offenders from social-networking sites to protect children. It was argued that it will have virtually no impact on their safety and could wind up making things worse. The law, which was signed by Illinois Governor Pat Quinn, would prevent registered sex offenders in Illinois from using a social-networking service defined as an "Internet Web site containing profile Web pages...that include the names or nicknames of such members, photographs...or any other personal or personally identifying information."

These law are being argued as unconstitutional because they restrict the First Amendment right to freedom of speech, even if the person speaking is a registered sex-offender or not.

Sex Offender Criminal Defense

If you are a sex offender or sexual predator registered with the state, every move you make is watched and closely monitored. You are restricted in everything you do, who you meet, and how you live. All of this information is made public and available to anyone who requests it. If you have been accused of a sex crime, make sure you call a criminal defense lawyer to represent you so can be prepared for the consequences coming away. A criminal defense lawyer can help you understand exactly how restricted you will be after release.

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]]>Andrew StineMon, 03 Oct 2011 16:19:40 GMThttp://www.andrewdstine.com/blog-78/402-should-sex-offenders-be-banned-from-social-networking-sites.aspxHow to Deal with a Grand Theft Felony Chargehttp://www.andrewdstine.com/blog-78/401-how-to-deal-with-a-grand-theft-felony-charge.aspxTheft in the state of Florida is charged at varying degrees depending on the amount stolen. Recently, there have been several people charged with theft around the South Florida are for stealing Air Conditioning units which usually results in a grand theft charge because of the cumulative dollar amount of items stolen.

Grand Theft in Fort Pierce

A 42-year-old Fort Pierce man is being charged with grand theft for stealing equipment from Palm Beach County Fire Rescue crews Thursday. Richard Halsey Gosman was held late Thursday at Palm Beach County Jail on $31,500 bail. His arrest was considered to be on suspicion of burglary and grand theft, according to WPTV News.

Gosman was caught because a Fire Rescue Station in Lake Worth reported a burglary of a fireman’s SUV early Thursday. The firefighter said sometime during the day, someone had smashed the front passenger window of his vehicle and stole two GPS devices, a laptop and a camera, according to WPTV News.

Fire Rescue and Palm Beach County sheriff’s deputies responded to the call of a vehicle crash a few hours later and noticed items in the crashed vehicle that matched the description the firefighters gave.

Gosman was immediately arrested.

Grand Theft Charges in Florida

Theft is charged at varying degrees. The degree of the severity of the charge is solely based upon the dollar value of the item(s) stolen and if they amount to more than $300. Grand theft is a third degree felony punishable by up to five years in prison and lofty fines.

Grand Theft Criminal Defense

Being convicted of a felony grand theft charge is extremely serious and will hold you back for the rest of your life. The first person you should call after being arrested and accused of grand theft is a criminal defense lawyer. Only a criminal defense lawyer will be able to negotiate with the prosecuting attorneys to have your sentence lowered to probation or work camps rather than prison.

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]]>Andrew StineFri, 30 Sep 2011 15:57:54 GMThttp://www.andrewdstine.com/blog-78/401-how-to-deal-with-a-grand-theft-felony-charge.aspxWhat is an Organized Scheme to Defraud?http://www.andrewdstine.com/blog-78/400-what-is-an-organized-scheme-to-defraud.aspxFraud occurs in just about every aspect of life that involves monetary transactions. In many cases, fraud occurs in organizations where the treasurer, or person responsible for organizing earned and paid revenues, is aligned with the person allegedly stealing money. Most of the time when the scheme unravels, both parties are prosecuted for organizing a scheme to defraud.

Fraud in Palm Beach County Schools

Two men who are former employees of the Palm Beach County school district are facing theft and fraud charges. According to a WPTV News report, former part-time adult education teacher Richard Russo, 63, was arrested on charges of grand theft and official misconduct. Administrators at the school became suspicious that he was submitting payroll sheets for hours he had not worked, according to the probable cause affidavit.

The other man involved, former Congress Middle School treasurer Carlton L. Newton was also arrested and charged with grand theft and organized scheme to defraud. A school district audit discovered $13,949 missing from the school's internal accounts, prompting immediate suspicion.

The district's accounting department found the discrepancies in the accounts. Newton resigned shortly before the accounting department called the auditors. In March, the school district forwarded the results of its audit to the state attorney's office and asked prosecutors to file criminal charges against Newton, according to WTPV News.

WPTV News reported that:
An investigation found that "$11,988 in cash can clearly be shown as missing and stolen by bookkeeper Carlton Newton," according to the probable cause affidavit. The affidavit said that Newton admitted to taking cash to pay his bills.

Fraud Criminal Defense

Being convicted of an organized scheme to defraud is a felony punishable by large fines, time in prison, and restitution in most cases. If you have ever been accused of organizing a scheme to defraud, you need to contact a criminal defense lawyer for a consultation. A scheme to defraud is defined as a systematic, ongoing series of actions intended to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations. This is a very serious crime that can usually be resolved if the prosecution settles for restitution.

A criminal defense lawyer is the strongest investment you can make at this point because you need fair representation in any criminal case, especially those that have significant evidence that can be used against you, like discrepancies in company accounts.

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]]>Andrew StineWed, 28 Sep 2011 12:13:40 GMThttp://www.andrewdstine.com/blog-78/400-what-is-an-organized-scheme-to-defraud.aspxHow Drug Possession can Result in Child Neglect Chargeshttp://www.andrewdstine.com/blog-78/399-how-drug-possession-can-result-in-child-neglect-charges.aspxMore often than not, when a person is accused of committing a crime, there is usually more than one crime in question. Many crimes do not have very significant sentences but what usually lands people in prison for long periods of time is being convicted of multiple crimes at once.

A Port St. Lucie woman learned that difficult lesson Sunday after being charged with both felony drug possession and felony child neglect. While unfortunate, it is common for drug use and child neglect go hand in hand. Many parents that are accused of child neglect or abuse often do so because of other extraneous issues such as drug or alcohol dependency.

Drug Possession and Child Neglect in South Florida

According to an article in the Palm Beach Post, a woman from Port St. Lucie ended up in jail Sunday after a sheriff’s deputies said she hid drugs and used syringes under her baby daughter’s dress to avoid being caught with drugs and drug equipment.

Deanna Marie Angelico, 31, was charged with not only felony child neglect but also with felony drug possession and misdemeanor possession of drug equipment. According to the article and the arrest report, deputies stopped a vehicle she and Michael G. Angelico, 23, were in after witnesses reported seeing two people in the vehicle shooting up drugs.

Angelico stuffed the drugs and used syringes up the baby’s dress to avoid being searched by a female Sheriff’s deputy.

Michael Angelico, of the 800 block of Southeast Starflower Lane, was charged with felony drug possession and misdemeanor possession of drug equipment. He was released Sunday on $5,500 bond; Deanna Angelico was held in lieu of $8,000 bond.

Neither person’s arrest report stated what type of drug was found or the amount. The type of drug usually determines the sentence in these situations.

Criminal Defense

If you have been charged with child neglect because of a substance abuse problem, you need someone to help you. The justice system does not have room for mercy for parents who choose drugs over taking care of their children. Only a criminal defense lawyer will be able to help you now. A criminal defense lawyer has a duty to represent those accused of crimes and also to make sure all relevant evidence is brought into the case.

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]]>Andrew StineMon, 26 Sep 2011 13:44:49 GMThttp://www.andrewdstine.com/blog-78/399-how-drug-possession-can-result-in-child-neglect-charges.aspxHow a Criminal Defense Lawyer can Have Your Probation Ended Earlyhttp://www.andrewdstine.com/blog-78/398-how-a-criminal-defense-lawyer-can-have-your-probation-ended-early.aspxIf you have been arrested on criminal charges, you may be overwhelmed with the legal process that is about to follow. It is extremely difficult and can even work against you to represent yourself in a court of law. Not only can a criminal defense lawyer represent you and ensure you a fair trial, but he or she can even negotiate later on if you are convicted, to have your sentence or probation shortened.

Probation Negotiation Case

In the case of Debra Lafave, the infamous teacher who had sex with a 14-year-old student in her classroom, home, and car in 2005, her criminal defense lawyer had her probation sentence shortened even though one of the terms of her conviction was no early termination of probation.

Her criminal defense lawyer, John Fitzgibbons argued that Lafave's circumstances have changed since the sentencing. Probation ended four years early today for her after the judge heard arguments that she has been a model citizen. Lafave had teamed up with her lawyer in 2005 and made a deal with prosecutors. She was to complete three years of house arrest followed by seven years of probation. With the help of her criminal defense lawyer, the Judge agreed to end her probation effective immediately.

According to WPTV News Channel 5, before the hearing, Fitzgibbons said:
"For almost six years now Debbie has worked hard and has been gainfully employed. She has completed all her community service hours early and doing extremely well in all aspects of her personal life. She has done everything she can to put behind her the events in this case. We hope that she can get a break on the last years of her probation."

Criminal Defense Lawyer

If you have been accused of committing a crime, you need a criminal defense lawyer. It's more than just getting your sentence shortened. A criminal defense lawyer will be the only person you can safely confide in about the details of your situation. He or she will conduct an investigation into your case and prepare a professional defense so that you are represented in the most fair and just way possible. It is nearly impossible to walk away from criminal charges if you don't have someone representing you so make sure the first person you call after being accused of committing a crime is a criminal defense lawyer.

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]]>Andrew StineFri, 23 Sep 2011 12:23:32 GMThttp://www.andrewdstine.com/blog-78/398-how-a-criminal-defense-lawyer-can-have-your-probation-ended-early.aspxWhat is the Law for Possession of Cocaine?http://www.andrewdstine.com/blog-78/397-what-is-the-law-for-possession-of-cocaine.aspxMarijuana and prescription drugs seem to be making the news more often than others, but cocaine still has a strong presence in drug trafficking and other criminal activity. The law against possession of cocaine still stands strong and is continuing to land people who chose to possess or traffic cocaine in prison. Real estate titan Francis “Chappy” Adams was charged and arrested recently on a felony count of cocaine possession.

The Crime

Francis “Chappy” Adams, who runs Palm Beach County’s largest real estate firm, was charged with a felony count of cocaine possession last week after trying to board a plane at Palm Beach International Airport, according to the Palm Beach Post. He was stopped by TSA Agents after they noticed an “abnormal object” in his pocket after he passed through the security checkpoint.

According to the Post, Adams was patted down and the TSA Agent allegedly found three plastic bags containing cocaine in his pocket. He has been charged with cocaine possession, a third-degree felony, and was released later that same day after posting a $3,000 bond.

Possession of Cocaine

Controlled substances according to Florida Statute 893.13 include substances like cocaine, heroin, methamphetamine, ecstasy, or other illegal drugs. Possession of any of these controlled substances is a third degree felony punishable by maximum of five years in jail and up to a $5,000 fine.

It is considered cocaine trafficking if the amount in possession is over 20 grams, whether or not there was intention to sell. Trafficking felonies are much more serious than possession felonies in the state of Florida.

Drug Possession Criminal Defense

Never plead guilty to a Florida drug possession charge before speaking with a criminal defense lawyer. There are lots of defense strategies you can use to avoid the serious impact a drug possession conviction will have on your life. There are defenses in drug possession cases that a criminal defense lawyer can use to reduce or dismiss the charges depending on your personal situation including illegal search and seizure or treatment programs in exchange for leniency.

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]]>Andrew StineWed, 21 Sep 2011 14:00:46 GMThttp://www.andrewdstine.com/blog-78/397-what-is-the-law-for-possession-of-cocaine.aspxWhat is Stabbing in Criminal Law?http://www.andrewdstine.com/blog-78/396-what-is-stabbing-in-criminal-law.aspxStabbing is a serious crime as it can be deemed it court as assault with a deadly weapon (aggravated assault) or even attempted murder. These two crimes are both felonies but the sentences may vary depending on the circumstances of the crime. Also, stabbing may have residual charges depending on the situation as well. If the stabbing coincided withtheft or robbery, the multiple charges could have a serious impact on the sentence and court proceedings. 

Aggravated Assault

Aggravated Assault according to Florida Statute 784.011 is covers a broad range of illegal actions. These include but are not limited to intentionally threatening a person so that person feels imminent threat of violence or danger. It can also be defined as assault with a deadly weapon. 
The deadly weapon used is very important during the court process because using a knife is one thing but if the defendant used a firearm, then the sentence has 3 years of mandatory imprisonment. If the defendant used a knife instead of a firearm and has no prior convictions, generally a criminal defense lawyer could get the sentence down to probation. 
Aggravated Assault is a third degree felony with a maximum prison sentence of 5 years and up to a $5,000 fine. This particular crime usually requires a testimony from the victim to be triable in court.


Aggravated Assault Criminal Defense

A criminal defense lawyer is the person you should contact if you have questions like this. Usually if you are in an unfortunate situation where you are being accused of crimes like aggravated assault or aggravated battery, you will have a very difficult time getting out of court without prison time. A criminal defense lawyer can not only explain the legal process to you but he can personally investigate your case and make sure you are represented fairly in court. If you have been charged with a crime, it is important to contact a criminal defense lawyer and have them on your side so that you are not unfairly sentenced in the event of conviction. 

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]]>Andrew StineMon, 19 Sep 2011 15:26:00 GMThttp://www.andrewdstine.com/blog-78/396-what-is-stabbing-in-criminal-law.aspxUpdate: Mother of Fugitive Officer of the Year due to Appear in Courthttp://www.andrewdstine.com/blog-78/395-update-mother-of-fugitive-officer-of-the-year-due-to-appear-in-court.aspxAs discussed in two previous blog posts, Officer David Britto, 28, was named Officer of the Year for 2010. His name hit headlines for different reasons however as he was indicted in early July on charges of conspiring to possess and traffic 500 grams of methamphetamine. He was facing life in prison and recently, removed his ankle monitor and boarded a plane for Brazil. Britto is now a fugitive and his mother has been accused of allegedly lying to federal agents about her son's whereabouts.

Lying to Federal Agents

David Britto pleaded not guilty to the charges on July 18 and left jail on $100,000 bond. He remains on administrative leave from the police department. Britto removed his ankle monitor and failed to appear for his trial on drug charges in Miami. DEA agents learned his mother, Janiber Andrade Vieira bought a one way ticket for Brazil on Aug. 23 and that she herself was scheduled for a flight to Brazil shortly after.

Vieira was arrested by DEA agents on Sept. 2 at JFK International Airport in New York while attempting to flee the country.

According to the criminal complaint filed by the Drug Enforcement Administration on the day of her arrest, Vieira "knowingly and willfully" lied to federal agents about her son's whereabouts.

According to WPTV News, a federal judge  released a bench warrant for Britto on Tuesday after he failed to show up for his trial. A bench warrant essentially orders law enforcement to arrest him on sight, no questions asked.

Drug Trafficking Criminal Defense

According to various news articles, Britto was facing life in prison depending on conviction of charges of conspiring to possess and traffic methamphetamine. Drug trafficking is a serious crime with very serious penalties that follow conviction. If you have ever been accused of drug possession or drug trafficking,  you need a criminal defense lawyer for guidance immediately. Depending on the severity of the crime and your history, the sentence may vary. A criminal defense lawyer can help you by investigating your case and convincing the court to lower your sentence or maybe even drop your charges. Consult a criminal defense lawyer if you are facing criminal charges related to drug crimes.

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]]>Andrew StineFri, 16 Sep 2011 12:43:28 GMThttp://www.andrewdstine.com/blog-78/395-update-mother-of-fugitive-officer-of-the-year-due-to-appear-in-court.aspxHow TSA Officers were Arrested for Assisting in Drug Traffickinghttp://www.andrewdstine.com/blog-78/394-how-tsa-officers-were-arrested-for-assisting-in-drug-trafficking.aspxWhen police officers and other law enforcement personnel abuse their authority to make a profit, it will usually end up in headlines. This particular case busted TSA Agents and a Florida Trooper accused of assisting drug traffickers in their efforts to peddle prescription pain pills across the country. Prescription pain pill trafficking seem to be one of the hottest topics in the crime world recently.

Drug Trafficking TSA Agents

Three Transportation Security Administration officers and two other law enforcement officers were arrested, according to WTPV News. They face charges of accepting cash or gift cards in exchange for permitting prescription drug dealers to move tens of thousands of highly addictive prescription drugs such as Oxycodone through airports and across highways.

The TSA officers were based at airports in Florida and New York. The Florida state trooper accepted cash and checks from dealers so dealers could transport the drugs and cash through the state without issue.

Steven W. Derr, special agent in charge of the DEA for New England stated:
“...The law enforcement officers are alleged to have sold their badges and abused their authority to further the illegal activities of the organization,”

The TSA officers, Christopher Allen, 45, of Palm Beach Gardens, Fla.; John Best, 30, of Port St. Lucie, Fla.; and Brigitte Jones, 48, of the Bronx, N.Y., were charged with conspiring to distribute and possessing with intent to distribute oxycodone. The New York police officer, Michael Brady, 36, and the Florida trooper, Justin Kolves, 28, face the same charges, according to WTPV News.

The five, who were among 20 people arrested in connection with the alleged scheme, face up to 20 years in prison if convicted.

Oxycodone Trafficking Criminal Defense

Oxycodone and other prescription drugs are flooding the trafficking market. Not only are doctors and people from other highly esteemed professions participating in the underground drug wave, but TSA officers and law enforcement officers are also contributing to the mass distribution of prescription drugs. A criminal defense lawyer is the first person you should call if you are accused of possessing or trafficking oxycodone or other prescription pills. Statewide crackdowns are happening even more regularly in an attempt to curb the level of prescription drug trafficking. Have a criminal defense lawyer’s number ready because you will most certainly need it if you are accused of this very serious crime.

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]]>Andrew StineWed, 14 Sep 2011 12:13:02 GMThttp://www.andrewdstine.com/blog-78/394-how-tsa-officers-were-arrested-for-assisting-in-drug-trafficking.aspxWhat is Illegal Search and Seizure?http://www.andrewdstine.com/blog-78/393-what-is-illegal-search-and-seizure.aspxThe topic of illegal search and seizure seems to be creating a lot of buzz lately as the exact law and definition of what makes a search and seizure illegal is in flux. The law is changing as recent court decisions are having an impact on police conduct. Law enforcement officers have a new code of conduct when it comes to searching you or your property. The Fourth Amendment usually limits the amount of authority police have over searching you or your property but several precedents have been set by court decisions that have greatly altered the dynamics of the law.

Search and Seizure

The Fourth Amendment in the U.S. Constitution protects citizens from what is called "unreasonable search and seizure" by government or otherwise authoritative figures. The Amendment does however, leave room for what is known colloquially today as the search warrant. The law states that government figures can conduct a search and seizure provided that there is probable cause supported by oath or affirmation indicating the place should be searched and the person or things should be seized.

In order for the court to determine if the search and seizure was illegal, the court needs to decide if the person had a true expectation of privacy. If the person left evidence laying out in the open, the search and seizure may be passed as legal and warranted. If the search and seizure is considered illegal, whatever evidence gathered must be thrown out of court due to the exclusionary rule. This does not always mean charges will be dropped right away because prosecution might have other evidence that was obtained legally. Law enforcement cannot use illegally obtained evidence as probable cause for another (legal) search and seizure.

Illegal Search and Seizure Defense

Illegal search and seizures are often the golden ticket that gets cases thrown out. If your criminal defense lawyer is able to determine that the search and seizure was conducted illegally, that is, in violation of the Fourth Amendment or any precedent thereafter, the evidence seized is not admissible in court. That means if you have been accused of a crime, a criminal defense lawyer is your best bet if you want your case to be thrown out of court.

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]]>Andrew StineMon, 12 Sep 2011 13:09:15 GMThttp://www.andrewdstine.com/blog-78/393-what-is-illegal-search-and-seizure.aspxWhy A Woman Was Jailed Twice in One Dayhttp://www.andrewdstine.com/blog-78/392-why-a-woman-was-jailed-twice-in-one-day.aspxShoplifting is considered a petty crime and the consequences and bail are generally not very serious. One woman however, made headlines for being taken into custody twice in 10 hours for shoplifting and then a burglary later after she posted bail.

Theft in Vero Beach

According to WPTV News, Kathryn Ann Moody, 19, was charged at 2:30 p.m. Wednesday for retail theft at Walmart. She posted $500 and before the day was done, deputies took her into custody again for burglary, grand theft and criminal mischief. An accomplice accused in the burglary, 22-year-old Kiley Yandle, was also taken into custody.

Staff at Walmart said Moody selected a $90 area rug from a store display and received a refund for it, though she had never paid for it. She also stuffed a T-shirt and underwear in her purse without paying for them, according to her affidavit.

WPTV news also reported that shortly before 8 p.m., Moody and Yandle went to a home to borrow money, the Sheriff's Office said. While she was there, Moody entered a bedroom and stole $600 worth of jewelry. Moody argued with the resident and punched a window as she left, the affidavit states. The jewelry was pawned for $300 and used to buy pills, Yandle told deputies.

Moody was being held at the jail in lieu of $5,500 bail Thursday. Yandle, who was also charged with possession of a controlled substance, remained at the jail in lieu of $7,500 bail.

Criminal Defense

A lot of crimes are looped in together and most of the time, defendants face multiple charges. In this case, Moody is going to need a criminal defense lawyer to help her through several charges after being jailed twice in 10 hours. If you have ever been charged with theft, burglary, or possession of a controlled substance, you need a criminal defense lawyer to represent you and make sure your trial process and sentence is fairly given.

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]]>Andrew StineFri, 09 Sep 2011 12:58:37 GMThttp://www.andrewdstine.com/blog-78/392-why-a-woman-was-jailed-twice-in-one-day.aspxHow Pain Clinics in South Florida have been Skirting New Lawshttp://www.andrewdstine.com/blog-78/391-how-pain-clinics-in-south-florida-have-been-skirting-new-laws.aspxA consistent headline in the news is how pain clinics are a growing problem. South Florida is considered to be the hotspot for pain clinics and by proxy, prescription drug trafficking. Doctors at pain clinics have an underhanded reputation for handing out prescriptions like they’re candy for highly addictive drugs like Oxycodone. As law enforcement continues to crack down on drug traffickers disguised as pain clinics, drug traffickers continue to find loopholes around the law.

Pain Clinic Central in South Florida

WPTV News reports that Florida’s drug czar is warning South Florida law enforcement about potential loopholes that pill mills have found. The number of pain clinics trying to establish themselves as pharmacies has surged recently causing law enforcement to start sweating.

While pain clinics do rake in a significant amount of revenue, they are a serious problem in this area. Prescription drugs like Oxycodone and Xanax are high on the list of popular drugs in the drug trafficking scene. Dr. Barbara Krantz of the Hanley Center treats prescription drug addicts. She says in the past two years, there has been a significant increase in the number of addicts, according to WPTV News.

“We’re seeing anywhere from approximately eight deaths per day,” Krantz said.

New Pain Clinic Law

There is a new law banning drugs from being dispensed directly by pain clinics, but clinics are looking for (and have already found) a loophole. The pain clinics start their own pharmacy instead, and put it inside their own pain clinics. The Sun-Sentinel reported that the state approved 800 new pharmacies in the last year.

The state is going to attempt to close this loophole by enforcing stricter regulation in the future. The state will also move to ban pain clinics from being near pharmacies.

Criminal Defense

With the spike in pharmacies, pain clinics, and prescription drug trafficking in South Florida, criminal defense lawyers are going to be busy. Law enforcement is expending a significant amount of their budget to prosecute drug traffickers that hide behind the façade of pain clinics. If you have been accused of prescription drug trafficking in affiliation with a pain clinic, you need the skills and experience of a criminal defense lawyer.

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]]>Andrew StineWed, 07 Sep 2011 15:48:58 GMThttp://www.andrewdstine.com/blog-78/391-how-pain-clinics-in-south-florida-have-been-skirting-new-laws.aspxWhat is the Sentence for Crimes Against Elderly People?http://www.andrewdstine.com/blog-78/390-what-is-the-sentence-for-crimes-against-elderly-people.aspxCrimes against elderly people often go unreported because the victim’s rarely contact authorities themselves. Usually, a witness or friend recognize something odd occurring and report the discrepancies to the authorities. Crimes against elderly people usually encompass fraud, burglary, theft, or any money-related crime. One Tequesta woman, 65, was young and nimble enough to escape a serious assault on her life.

Assault on a Person 65 or Older

According to WTPV News, a 33-year-old Tequesta woman with bipolar disorder was arrested on charges of assault on a person 65 years or older and committed for an involuntary mental health exam after she tried to kill her mother with a knife Saturday morning.

According to a police report, Amy Kuryla swung a knife under her mother's chin saying, "You are going to die" and "You are always controlling my life."

Kuryla's mother, 65, was able to get the knife away from her daughter and hold her down, but Kuryla became violent again. The mother ran from the home and called police, according to the police report. Kuryla's mother told police that her daughter has bipolar disorder and has been "very unstable for a week," the report said.

In a hearing at the Palm Beach County Detention Center this morning, Palm Beach County Judge Janis Brustares Keyser set bond at $5,000 for each count of assault and ordered Kuryla to have no contact with her mother.

Criminal Defense

People 65 years or older are protected by the law. Assault is a serious crime to begin with but when a person is accused of assaulting someone over the age of 65, the consequences are even more severe. Aggravated assault upon a person over 65 is a second-degree (it can also be first-degree) misdemeanor punishable by a minimum of 3 years in prison and a fine of up to $10,000 in addition to 500 hours of community service. If you have been accused of assault upon an elderly person, you need a criminal defense lawyer’s help. A criminal defense lawyer may be able to lower your sentence if at all possible.

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]]>Andrew StineMon, 05 Sep 2011 14:24:23 GMThttp://www.andrewdstine.com/blog-78/390-what-is-the-sentence-for-crimes-against-elderly-people.aspxHow Will the New Prescription Drug Law Affect You?http://www.andrewdstine.com/blog-78/389-how-will-the-new-prescription-drug-law-affect-you.aspxLast week, the pill mill brothers finally made an appearance in court facing federal weapons charges and murder charges all in relation to the prescription drug mills they are accused of running in South Florida. Clearly lawmakers are attempting to react to the surge of prescription drug trafficking proliferating throughout Broward County attracting doctor shoppers and drug dealers all the way from states like Kentucky, Ohio, and Pennsylvania.

Pill Mill Regulation

The regulation of pill mills has finally made its way into law. According to an article in WPTV News, pharmacists are now required by law to enter certain patients’ information into a statewide database that will monitor prescriptions of highly addictive prescription drugs like Oxycontin, Vicodin, Xanax, and Ambien. This requirement does not apply to anti-depressants or blood pressure medications, which should ease the fears of legitimate patients with serious health issues that need the medication.

This new requirement is specifically to corner those people abusing prescription drugs. It is also targeting doctors (like the ones working for the George brothers) that overprescribe or even prescribe medication without a legitimate examination.

While the new legislation could be very effective in catching drug traffickers and doctor shoppers, many people in Broward County are expressing concern that the law could potentially make things difficult for legitimate patients.

Jennifer Hirst, a spokeswoman for the FL Dept. Of Health, addresses privacy concerns by saying, "The data will be stored and maintained in a highly secure system," according to WPTV News.

Prescription Drug Trafficking

While legislation may potentially make things difficult for genuine pain clinic patients, the new regulations are going to make things extremely difficult for drug traffickers. Now that orders for highly addictive prescription drugs like Oxycontin are being recorded in a database, it is almost certain that the arrest rate for drug trafficking or drug possession is going to accelerate. Criminal defense lawyers are rolling up their sleeves and getting ready to be busy for a while.

If you have been accused of drug trafficking or possession of prescription drugs, you are going to need a criminal defense lawyer to help you scale down your charges. Criminal defense lawyers are aware of this new legislation and have already begun to prepare for an increase in drug trafficking or drug possession cases.

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]]>Andrew StineFri, 02 Sep 2011 14:02:35 GMThttp://www.andrewdstine.com/blog-78/389-how-will-the-new-prescription-drug-law-affect-you.aspxWhy are AC Unit Thefts So Common?http://www.andrewdstine.com/blog-78/388-why-are-ac-unit-thefts-so-common.aspxThe price of copper is at its peak right now, which is causing a large spike in air conditioning thefts and burglary. South Florida is experiencing an immense amount of burglaries where criminals are specifically targeting homes, business, churches, schools, any building with access to an AC unit.

Usually, the thieves that steal AC units for their copper are difficult to track down. The homeowner is usually victimized and forced to replace the expensive unit. An interesting case in Arkansas shows how a homeowner caught and tracked down an AC burglary in progress.

AC Unit Theft

Steven Lynn was sight seeing in the sky with his pilot friend. Suddenly, Lynn saw two men loading up air conditioners and other scrap metal items onto a trailer in front of his house. They had broken in. Lynn called his uncle first then he called 911. When sheriff’s arrived on the scene, the men had already taken off. Lynn and his pilot friend were able to tail them from the sky.

He gave sheriff’s deputies turn by turn directions, the plane tracked the suspects for two miles. Police finally cornered the burglars Joseph Peel and Roosevelt Smith. The two were arrested and charged with theft.

The sheriff’s office expressed their surprise at having an eye witness in this kind of case, and especially to have the whole crime caught on camera.

Theft or Grand Theft?

The difference between petty theft and grand theft is the value of the stolen item. You will be charged with petty theft if you have stolen an item valued at less than $300. If the item is valued higher than $300, you can be charged with grand theft. Grand theft can cost you anywhere from one to 30 years in prison. A criminal defense lawyer will work for you to decrease the penalties you might face if you have been charged with petty theft or grand theft.

If you have been accused of burglary, petty theft, or grand theft, your first call should be a criminal defense lawyer who will do nothing but make sure you are represented fairly and try to lessen your sentence.

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]]>Andrew StineWed, 31 Aug 2011 15:01:38 GMThttp://www.andrewdstine.com/blog-78/388-why-are-ac-unit-thefts-so-common.aspxHow Police Catch Possessors of Child Pornographyhttp://www.andrewdstine.com/blog-78/387-how-police-catch-possessors-of-child-pornography.aspxOne of the most aggressively prosecuted crimes across the country is possession of child pornography. Florida lawmakers have even passed a motion to increase the sentence if the illicit material depicts children under the age of five. Child pornography is an extremely serious crime that can land the defendant five years in prison per image in possession.

Child Pornography Possession in Hollywood

A Hollywood, Fla. man is facing some serious time in prison after officers with a South Florida task force arrested him on Wednesday for possessing more than 700 images of child pornography on his home computer. According to WPTV News, members of the South Florida Internet Crimes Against Children Task Force forced their way into the home of Charlie Kramer and his housemate Harve Michael White, 58, with a search warrant.

Charlie Kramer lives in the house but was not arrested. According to Kramer, White rents a room in the house, moved in about a month ago, and mostly keeps to himself. He stated he had no idea White had such images on his computer. The police held everyone at gunpoint while they searched computers. During the search, police discovered more than 700 images depicting children as young as 2 engaging in sexual activity, said Hollywood Police spokesman Lt. Norris Redding.

Police said they arrested White, at the house without incident and that he had been a task force target for more than a month. State records show White served five years' probation after a 1991 arrest on a sexual battery charge.

White is not listed in the state sex offender database.

Child Pornography and the Law

Possession of child pornography is a third degree felony punishable by up to five years in prison per image. Internet child pornography is an extremely serious violation of the law and human decency. Generally, police use IP address routing to investigate violators. Any experienced criminal defense lawyer will tell you however, that police need a search warrant to retrieve the images from your property in order for the evidence to be admissible in court. If you have been charged with a crime as serious as possession of child pornography, you need to speak with a criminal defense lawyer immediately about your case.

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]]>Andrew StineMon, 29 Aug 2011 15:00:29 GMThttp://www.andrewdstine.com/blog-78/387-how-police-catch-possessors-of-child-pornography.aspxUpdate: Pill Mill Brothers Face a Judgehttp://www.andrewdstine.com/blog-78/386-update-pill-mill-brothers-face-a-judge.aspxThe pill mill brothers, Chris and Jeff George, were indicted in October of last year on federal weapons charges. The two were indicted and arrested along with several doctors working for them in their pain clinics after amassing millions from their pain clinics. The brothers were living a lavish lifestyle while the doctors they employed supplied prescription pills to drug traffickers and dealers pouring in from Kentucky, Ohio, and South Carolina.

Prescription Pill Trafficking and Weapons Charges

Now, Jeff George is facing second-degree felony murder charges in the overdose death of Joey Bartolucci, who visited one of his pain clinics in January of 2009. Chris and Jeff George finally faced the judge Wednesday morning after the prolonged federal and state crackdown on the George’s cash-only pain clinics came to a close.

Jeff George defended himself by claiming that although they provide medication, they should not be held responsible if the user of that medication chooses to abuse it. Attorney McAuliffe also charged the prescribing physician, Dr. Gerald Klein, with first-degree murder. Klein allegedly gave Bartolucci prescriptions for 150 Dilauded pills, 30 Xanax, and 30 Nortriptyline pills.

Chris George’s Fort Lauderdale defense lawyer argued that the brothers operated legitimate businesses staffed by licensed doctors, physicians who prescribed drugs within the confines of the law, according to the Palm Beach Post.

The George brothers are also being federally prosecuted under the RICO act, the law created to crack down on Mafia related crime.

Criminal Defense

If you have been charged with any two specific crimes within ten years, you could be charged and prosecuted under the RICO act. These crimes are specified under the act as robbery, murder, fraud, grand theft, etc. A criminal defense lawyer can be an ally to you through this process because only lawyers have a full grasp of the law and know what to look for while investigating your situation. Jeff George’s defense lawyer is the only person keeping Jeff’s head above water at this time by taking on the responsibility of questions from reporters as well as court procedures.

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]]>Andrew StineFri, 26 Aug 2011 13:50:42 GMThttp://www.andrewdstine.com/blog-78/386-update-pill-mill-brothers-face-a-judge.aspxHow are Smoke Shops Reacting to the Bong Bill?http://www.andrewdstine.com/blog-78/385-how-are-smoke-shops-reacting-to-the-bong-bill.aspxIn July of last year, the “bong bill” law was enacted causing serious disturbances among smoke shop owners (also called head shops) all across Florida. The bong bill threatened to close down several smoke shops in Florida as it deemed it illegal for stores to make less than 75 percent of their income from tobacco.

The Bong Bill

After the bill was enacted, several smoke shops everywhere began suing to squash it. Smoke shops everywhere were forced to close because the bill made it a misdemeanor for the shops to make more than 25 percent of their revenue from the sale of bongs, pipes, and any other smoking related items. Around thirty to forty shops joined the cause in acting against the law arguing that the law cannot hold shop owners responsible for the intent of consumers to abuse the products they buy.

Rep. Darryl Rouson, D-St. Petersburg, is responsible for the bill and is also a recovered crack addict, clean for 13 years. He stated:

“Any police officer, state attorney, or drug counselor can tell you who’s purchasing these pipes and why...the only ones who say they don’t know what’s happening are the store owners.”

Criminal Defense

Criminal defense lawyers across South Florida are preparing for the repercussions of the law. While the offense is only a misdemeanor, repeating offenders may need assistance from a knowledgeable criminal defense lawyer. Drug crimes are usually more serious than the inventory in a smoke shop, but in any case, if you have been accused of a drug crime, a criminal defense attorney will help. By conducting an investigation and making sure you are fairly represented with all pertinent evidence presented, a criminal defense attorney will make sure you have a fair shot at getting your charges lessened, or maybe even having them dismissed altogether.

Smoke shops are waiting to hear from the courts about how they are going to proceed with the lawsuits. Meanwhile, criminal defense attorneys are rolling up their sleeves preparing to defend clients arrested for breaking a highly controversial law.

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]]>Andrew StineWed, 24 Aug 2011 15:22:24 GMThttp://www.andrewdstine.com/blog-78/385-how-are-smoke-shops-reacting-to-the-bong-bill.aspxWhat is the Seniors vs. Crimes Project?http://www.andrewdstine.com/blog-78/384-what-is-the-seniors-vs-crimes-project.aspxAll over South Florida, seniors are banding together to protect their own. Florida now has a growing army of “Senior Sleuths” dedicated to catching people who commit crimes against the elderly. These retirees and other silver-haired volunteers do everything from spend their time on the phone while in bed to conducting undercover investigations.

Seniors vs. Crime

The Seniors vs. Crimes project is expanding in South Florida with thousands of volunteers who investigate complaints from elderly consumers, according to the Palm Beach Post. These complaints can range from a roofer taking a deposit and disappearing, to fraud, to phone companies neglected to repay customers they over-billed.

One great example of the Senior Sleuths taking down crime is when an 83-year-old man participated in an undercover operation in Tampa that eventually led to the arrest of a water-purification system salesman. The salesman was charged with grand theft. Last year, the Senior Sleuths recovered over $200,000 for Palm Beach and Broward County victims.

Recently, the effort of the Seniors vs. Crime project led to the arrest of Robert Hoffman, the owner of a hurricane shutter company in Hallandale Beach. Hoffman’s company allegedly required customers to pay up to 80% of the cost upfront but never delivered in many cases. After the Senior Sleuths alerted the attorney general’s office, Broward Sheriff’s Office arrested Hoffman on charges of fraud and unlicensed contracting.

Criminal Defense

Have you ever been charged with a crime against an elderly person? If so, you are in for a long haul with the law unless you’ve consulted a criminal defense lawyer. Crimes against the elderly are taken very seriously by the law because the elderly seem to get taken advantage of especially when it comes to money. Organizing a scheme to defraud an elderly person can land you in jail for a long time. You would also have to pay restitution and additional fines and fees. A criminal defense lawyer will ensure that you have a fair trial and that your case is represented honestly and effectively.

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]]>Andrew StineMon, 22 Aug 2011 14:45:46 GMThttp://www.andrewdstine.com/blog-78/384-what-is-the-seniors-vs-crimes-project.aspxCan Oxycodone Busts Happen Outside of Pain Clinics?http://www.andrewdstine.com/blog-78/383-can-oxycodone-busts-happen-outside-of-pain-clinics.aspxSouth Florida is known as the pain pill capital of the United States. Prescription drug schemes can be found anywhere but the most common place for it is in pain clinics spearheaded by doctors trying to make an illegal profit. Recently, a prescription drug bust occurred at the Veterans Affairs Medical Center in Riviera Beach.

Usually, doctors in pain clinics try to make a quick profit by skimping on medical exams and providing prescription drugs like oxycodone to patients who don’t necessarily need it. Pain clinics are a huge problem in the effort against prescription drug trafficking and the law is cracking down.

Prescription Drug Trafficking in Riviera Beach

In Riviera Beach, a seven month undercover investigation has come to a close at the Veterans Affairs Medical Center in Riviera Beach. Over a dozen people have been arrested and accused of running a prescription drug operation out of the medical center.

According to WPTV News, part of the undercover operation led investigators to the home of Terri and Carlos Guerra. There they found a safe containing 5,000 oxycodone pills and more than $100,000 dollars in cash. Now both Terri and Carlos Guerra are facing charges of conspiracy to traffic oxycodone.

According to the affidavit, investigators started looking into the Terri and Carlos Guerra after Guerra's son, Larry Dorsey, was arrested by the DEA in Pittsburgh for trying to sell oxycodone. The affidavit says Dorsey told investigators where they could find more of the prescription medication and thousands of dollars.

According to WPTV News, the affidavit says Dorsey's mother, Terri Guerra, an employee of the VA, is responsible for the ordering and inventory of all controlled pharmaceuticals at the center. According to investigators, Guerra was placing orders for oxycodone at the same time her son was selling them.

After a search of two residents, investigators seized more than 6,000 oxycodone pills and almost $200,000 dollars in cash.

Investigators say the all the arrests that took place Thursday included veterans who were allegedly selling drugs to make money, nursing assistants, and pharmacy technicians. The State Attorney's Office says more arrests are likely. No doctors have been arrested, according to the article.

Oxycodone Trafficking Criminal Defense

Because of the huge problem of prescription drug trafficking in South Florida, law enforcement officers are expending huge amounts of their budget to crack down on pill mills and prescription drug runners everywhere. If you have been accused of trafficking prescription drugs, you are in for a long, difficult process with the law. A criminal defense lawyer can assist you through this process and answer questions you may have. Only a criminal defense lawyer can defend you in this situation and help you get the most reasonable sentence possible if you are convicted.

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]]>Andrew StineFri, 19 Aug 2011 15:27:24 GMThttp://www.andrewdstine.com/blog-78/383-can-oxycodone-busts-happen-outside-of-pain-clinics.aspxCan Too Much Tylenol PM Lead to Child Neglect Charges?http://www.andrewdstine.com/blog-78/382-can-too-much-tylenol-pm-lead-to-child-neglect-charges.aspxAccording to state child protective service agencies, more than 1 million children are victims of child abuse and neglect each year. More often than not, child abuse and neglect is not reported to the system because the victims’ suffering goes unreported. Abuse and neglect can happen in any home and often can happen without the parents realizing it.

According to the Department of Children & Families, child abuse is considered any actions that result in imminent risk of serious harm, death, serious physical or emotional harm, sexual abuse or exploitation of a child under 18 years old by a parent or guardian.

Child Neglect in West Palm Beach

A family in West Palm Beach is now dealing with the Department of Children & Families after the parents and grandmother were all arrested and charged with child neglect after feeding their children too much Tylenol PM. The mother of the children, 31-year-old Mary Lorraine Phillips was released from Palm Beach County Jail today. The father, James Howard Phillips, 42, and maternal grandmother, Glenda Bledsoe, are being held at the jail in lieu of $3,000 and $9,000 bond respectively, according to WPTV News.

Mary is charged with three counts of cruelty towards a child. James is charged with child neglect and violation of a domestic injunction. Bledsoe is charged with two counts of cruelty toward a child and one count of child neglect.

DCF investigators report that the children (a 6-year-old boy and 5-year- old girl) were consistently given a medication at bedtime that made them tired. Further investigation revealed that Mary Phillips allegedly medicates her children often. On June 22nd, Bledso took her grandson to the hospital after he had a seizure the night before. The tests conducted at the hospital show that the boy had too much Tylenol PM in his system. Medical records show the boy has been unable to gain weight since he was an infant but tends to thrive under custody of a hospital or separate guardian. The children are now in DCF custody.

Child Neglect Criminal Defense

Being charged with child neglect or abuse can be a difficult process because not only will your county police investigate you but you will also have to submit to a DCF investigation. A criminal defense lawyer can answer your questions during and after the investigation. Only a criminal defense lawyer can help protect your rights in court because the legislation created to protect children is aggressive and difficult to defend yourself again if you have been accused of harming children.

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]]>Andrew StineWed, 17 Aug 2011 15:01:30 GMThttp://www.andrewdstine.com/blog-78/382-can-too-much-tylenol-pm-lead-to-child-neglect-charges.aspxIs Carjacking a Felony?http://www.andrewdstine.com/blog-78/381-is-carjacking-a-felony.aspxCarjacking is a serious crime in the state of Florida. Recent carjacking numbers have increased along with the new "bump and rob" type of robbery. Carjacking is a first degree felony and is defined as the forcible or violent taking of a motor vehicle from the owner with the intent of either permanently or temporarily depriving the owner of the said motor vehicle. While it is serious, it is unfortunately very common in South Florida.

Carjacking in Riviera Beach

According to an article in WPTV News, a Riviera Beach city police officer said he was forced to shoot at an armed man. Robert Robinson, 19, is accused of fleeing on foot, evading police vehicles, and carjacking. The scene actually started out as a routine traffic stop but ended as an officer-involved shooting, which took the crime to a whole new level.

According to the article, Riviera Beach police say two officers pulled a vehicle over just before 3 p.m. They said a male passenger with a gun got out of that vehicle then fled on foot. Investigators said Robinson later carjacked another vehicle on Blue Heron Boulevard, driving through parts of West Palm Beach and back into Riviera Beach. Officers said they were following the vehicle the whole time. Investigators said the armed suspect bailed out of the vehicle near Silver Beach Road and ran again, refusing to stop or put down his weapon. A police department spokesperson said that is when a officer shot the man. The suspect was taken to the hospital and was undergoing surgery but his condition and his identity are still unknown. No others were hurt.

Carjacking Criminal Defense

Carjacking is a serious first-degree felony in the state of Florida. A felony conviction will stay with you for the rest of your life as a permanent stain on your record. If you invest in an experienced criminal defense lawyer, you may be able to create a defense strategy that lessens your prison sentence and keeps your record clean. A criminal defense lawyer can give you a second chance if you have been arrested and accused of carjacking.

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]]>Andrew StineMon, 15 Aug 2011 14:38:08 GMThttp://www.andrewdstine.com/blog-78/381-is-carjacking-a-felony.aspxWhat Happens if I Have Multiple DUI Convictions?http://www.andrewdstine.com/blog-78/380-what-happens-if-i-have-multiple-dui-convictions.aspxBy definition a person in Florida is guilty of a DUI if her or she is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages or any prohibited chemical substance to the extent that a person’s normal faculties are impaired.

DUI in Florida

Usually a DUI is a violation punishable by a fine of $500 to $1000 and a maximum of 6 months in prison for a first conviction. A second conviction could cost one year of placement of a mandatory ignition interlock device. A third conviction can cost two years of an ignition interlock device. What happens if a person is punished for more than 10 DUI convictions?

According to an article in the Palm Beach Post below, an Alabama man has been sentenced to over five years in prison after his 10th DUI conviction. He has 13 DUI arrests on his previous record:

PENSACOLA, FLA. — An Alabama man has been sentenced to five years and two months in prison after his 10th DUI conviction.
Fifty-four-year-old Michael M. Naramore of Mountain Brook, Ala., was sentenced Wednesday in Pensacola federal court. He pleaded guilty May 16 to driving under the influence and driving with a suspended license.
The Pensacola News-Journal reports that Naramore's driving history includes 13 DUI arrests and nine prior DUI convictions in Alabama.
The Florida case stems from a Nov. 24 arrest at the west gate of Eglin Air Force Base.
A U.S. Attorney's statement says Naramore reeked of alcohol and had trouble rolling down his window and opening the car door. The report also says he was unable to complete field sobriety testing.

DUI Defense

If you have been arrested for a DUI, you need a criminal defense lawyer’s help. A DUI can cost you your right to drive, the ability to get a job, and your freedom in general. An experienced criminal defense lawyer will aggressively negotiate on your behalf. He or she may even settle your case with a fine and an agreement to participate in an alcohol education class.

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]]>Andrew StineFri, 12 Aug 2011 15:13:19 GMThttp://www.andrewdstine.com/blog-78/380-what-happens-if-i-have-multiple-dui-convictions.aspxWhat is the Penalty for Wire or Mail Fraud?http://www.andrewdstine.com/blog-78/379-what-is-the-penalty-for-wire-or-mail-fraud.aspxFraud is a criminal act and form of intentional deception perpetrated for gaining profit or personal gain. There are several different kinds of fraud and so Florida legislature has responded with a new act. The Florida Communications Fraud Act is a consolidation of former fraud statutes that considers it to be a crime to defraud another individual through mail, internet, fax, phone, or any form of communication.

Florida Fraud in Boston

According to the Associated Press, four Florida men have been indicted in Boston in a $3 million scheme in which they used application packages nearly identical to a free federal application to scam struggling homeowners out of hundreds of dollars at a time.

The men arrested were 42-year-old Christopher Godfrey of Delray Beach, 40-year-old Dennis Fischer of Highland Beach, 51-year-old Vernell Burris Jr. of Boynton Beach and 34-year-old Brian Kelly of Boca Raton.

According to the Associated Press, “The indictment alleged their company, Home Owners Protection Economics Inc., (HOPE), virtually guaranteed clients a federally-funded home loan modification and charged thousands of customers a $400 to $900 upfront fee.”

The indictment also alleged that many of the applications were denied. The men face charges including nine counts each of wire and mail fraud.

Florida Communications Fraud Act

According to Florida Statute 817.034, any person who engages in a scheme to defraud and obtains property thereby (property meaning anything of value) is guilty of organized fraud. If the amount of property obtained has an aggregate value of $50,000 or more, the defendant is guilty of a first-degree felony. A first-degree felony can result in up to 30 years in prison and a $10,000 fine plus restitution.

Fraud Criminal Defense

If you have been accused of scheming to defraud or of committing any type of fraud, whether it’s mail fraud, mortgage fraud, or wire fraud, you are still entitled to a fair trial. A criminal defense lawyer will conduct his own investigation into your case and will aggressively fight to protect your rights during your case. A criminal defense lawyer will most likely advise you to pay restitution which usually results in the prosecution backing down so your sentence will be mitigated significantly.

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]]>Andrew StineWed, 10 Aug 2011 14:24:14 GMThttp://www.andrewdstine.com/blog-78/379-what-is-the-penalty-for-wire-or-mail-fraud.aspxWhat is the Sentence for Child Abuse?http://www.andrewdstine.com/blog-78/378-what-is-the-sentence-for-child-abuse.aspxCrimes committed against children are a heinous but unfortunately realistic part of our society. A lot of times, when a parent is arrested on child abuse charges, it is not the first time that parent has been investigated by the Department of Children and Families. Investigations are usually conducted after a teacher, neighbor, or family member reports suspicion to the authorities.

Child Abuse in the Name of Discipline

According to the following article from the Palm Beach Post, a mother was arrested for biting her son:

LAKELAND, FLA. — A Lakeland mother has been arrested for child abuse after family members said she bit her son.

Police investigated 26-year-old Ann Marie Kane after Department of Children and Families officials reported three adult-sized bite marks on her son. According to an arrest report, Kane admitted biting the boy in the past because he was biting his siblings.

DCF has investigated Kane several times in the past. They removed the children from her care during the most recent investigation. She was being held in the Polk County Jail on Saturday.

Child Abuse and the Law

According to Florida Statute 827.03, Child abuse means:
  • The intentional infliction of physical or mental injury upon a child;
  • An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
  • Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
If a person knowingly abuses a child and does not cause great bodily harm, permanent disfigurement or disability to the child, will be charged with a third-degree felony. The sentence for this crime can be up to five years in prison and a $5,000 fine.

Child Abuse Criminal Defense

There is no excuse for committing a crime against a child. However, if you have been charged with child abuse, you still have rights to a fair trial with experienced criminal representation. A criminal defense lawyer will protect your rights throughout the legal process and answer any questions you may have about your case. Child abuse is a serious crime, if you have been charged with child abuse, you need to contact a criminal defense lawyer immediately because you could be facing five years in prison and a $5,000 fine.

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]]>Andrew StineMon, 08 Aug 2011 14:02:58 GMThttp://www.andrewdstine.com/blog-78/378-what-is-the-sentence-for-child-abuse.aspxShould Doctors at Pain Clinics be Worried?http://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.aspxLaw enforcement officers in South Florida are cracking down on pain clinics. The FDLE and DEA are very concerned with the amount of prescription pain pills that are being illegally peddled through pain clinics. The doctors of several pain clinics have been arrested and charged with drug trafficking. There is usually a residual charge of fraud as well. A criminal defense lawyer can explain the whole process if you have been charged with drug trafficking.

Pill Mill in West Palm Beach

West Palm Beach doctor Dr. John Christensen is under investigation after the FDLE conducted a raid on his pain clinics and home, totaling in a raid of four locations. Dr. Christensen has not been arrested or charged with any crime but due to the multi-agency investigation, his license to practice as a doctor or a chiropractor has been suspended.

According to WTPV News, Dr. Christensen's business is called the A1A Health and Wellness Clinic. The FDLE seized patient records and computer hard drives. A witness said the business was only accepting cash.

Mike Driscoll, the FDLE Resident Agent in Charge says, "It was brought to our attention that possibly other illegal activities were occurring involving the prescription of narcotics - pain medication and so forth."

According to WPTV News, Florida's Department of Health just released the details of the emergency suspension order against Dr. Christensen. According to the document, it claims that Dr. Christensen sold illegal prescription drugs between May of 2008 and June of this year, without performing any medical exams on the patients receiving the medications. It also claims Dr. Christensen committed insurance fraud.

Prescription Drug Trafficking Defense

Drug trafficking in the state of Florida is a serious offense. Doctors that prescribe pain pills without exams will be charged severely. The only person that can protect your rights and ensure you a fair trial is a criminal defense lawyer.

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]]>Andrew StineFri, 05 Aug 2011 13:58:33 GMThttp://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.aspxHow Are the New Animal Cruelty Laws Affecting You?http://www.andrewdstine.com/blog-78/376-how-are-the-new-animal-cruelty-laws-affecting-you.aspxThe new tethering laws for animals have a lot of surprised people being visited by Animal Care and Control serving warnings. The new law prohibits people from leaving pets outside tied up without supervision. Neighbors are calling in at a much higher rate to report people who tie up their animals. The only problem is, many animals are not being mistreated but the owners are still receiving visits and warnings from Animal Care and Control.

Not Animal Cruelty

A Palm Beach County dog owner and her family received a surprising visit from Animal Care and Control. A concerned citizen had called to complain that Lisa Brown and her family had tied up their dog Sassy outside.

"She's good, she's perfectly taken care of, she's spoiled, and we love her to death," Brown said.

The family says they have never left Sassy unattended outside while tied to a tether. But Animal Care arrived to educate the family, and ended up giving them a warning.

Walesky says his officers have been kept busy by similar calls since this new animal tethering law was passed. The law prohibits people from leaving pets outside tied up without supervision. If a dog is left in a contained space like a fenced yard, they must have ample water and shade to keep them healthy and comfortable.

The Brown family is adamant that Sassy has a good home, and is well cared for.

The consequence for tethering an animal unattended ranges from a warning, a fine or even criminal charges, depending on the situation. To report abuse, call Animal Care and Control at 561-233-1200.

Animal Cruelty Criminal Defense

Have you ever been charged with animal cruelty for tethering your dog? If you have been compliant with the new laws passed and have still been criminally charged, you’re going to need help from a criminal defense lawyer. Because the law is so new, many people are unaware of the changes and specifications. A criminal defense lawyer can help you devise a defense strategy.

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]]>Andrew StineWed, 03 Aug 2011 13:36:55 GMThttp://www.andrewdstine.com/blog-78/376-how-are-the-new-animal-cruelty-laws-affecting-you.aspxHow Serious is Possession of Drug Paraphernaliahttp://www.andrewdstine.com/blog-78/375-how-serious-is-possession-of-drug-paraphernalia.aspxPossession of drug paraphernalia is a residual charge usually added on to a drug possession or drug trafficking charge. While possession of drug paraphernalia is a first-degree misdemeanor, it is punishable by up to a year in jail and expensive fines. Even if you walk away on probation for the misdemeanor offense, you most likely could end up with a permanent criminal record.

Drug Possession and Paraphernalia in Long Key

A Monroe County sheriff’s deputy saved the life of a Miami man hallucinating on mushrooms and apparently intent on drowning himself Saturday. Daniel Yepez, 21, began running when Deputy Nicholis Whiteman responded to a call. Yepez ran into the water saying he wanted to drown. Deputy Whiteman and Yepez’s friend Jason Mavila ran after him. The three struggled but Whiteman got Yepez into a bear hug and managed to drag him to shore.

Yepez was finally pulled from the water, handcuffed, and taken to Fisherman’s Hospital in Marathon for treatment. His friends told deputies that Yepez ate mushrooms and started to act strangely and talk about death. He was treated at the hospital then taken to jail. Yepez was charged with resisting arrest with violence, possessing marijuana, and possessing drug paraphernalia.

By then, Yepez had apparently come down from his suicidal high, according to the Palm Beach Post. After Whiteman gave Yepez his Miranda warning, he admitted to owning the "green leafy substance" and a pack of Zig Zag rolling papers found in a can.

Whiteman wrote, "Yepez thanked me for potentially saving his life.”

Drug Possession and Paraphernalia Criminal Defense

A criminal defense lawyer can help you defend yourself against a drug possession charge. Police need legal reasons to stop and search someone or their vehicle for drugs or paraphernalia, which falls under search and seizure laws.

Possession of drug paraphernalia is possession of anything that can be used to package, carry, or consume drugs such as a baggy, pipe, needle, or a bong. These items can be considered paraphernalia as long as there is drug residue left in them. A criminal defense lawyer can help you understand the process of what happens after you have been charged with possession of drug paraphernalia.

Have you ever been charged with drug possession or possession of drug paraphernalia? Tell us your story.

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]]>Andrew StineMon, 01 Aug 2011 14:45:40 GMThttp://www.andrewdstine.com/blog-78/375-how-serious-is-possession-of-drug-paraphernalia.aspxFlorida Drug Statute Declared Unconstitutional - What This Could Mean for Youhttp://www.andrewdstine.com/blog-78/374-florida-drug-statute-declared-unconstitutional-what-this-could-mean-for-you.aspxFlorida’s passed the Comprehensive Drug Abuse Prevention and Control Act in 2002 that eliminated criminal intent as an element of the crime. Florida is the only state to eliminate criminal intent. A federal judge has now declared this drug statute as unconstitutional saying that criminal intent is not required to be proven by prosecutors.

Florida’s Drug Crimes

According to an article in the Palm Beach Post, U.S. District Judge Mary S. Scriven used the example of a student who hides his cocaine in a friend’s backpack without telling him. The friend has no idea it was there but is still guilty of possession due to the Florida statute, even if he had no intent to possess it or didn’t know it was there.

Judge Scriven stated that elimination of the intent element is “atavistic and repugnant to the common law.”

If this declaration of the act as unconstitutional is upheld on appeal, the decision could place hundreds or even thousands of drug convictions in jeopardy.

Comments from several prosecutors and criminal defense lawyers from around the country are praising the ruling. However, the impact of this new decision on past convictions will not be clear until the appeal is upheld. According to the Post, The National Association of Criminal Defense Lawyers, the American Civil Liberties Union and dozens of law professor filed briefs in the case. The ruling has created a major buzz among criminal defense lawyers across the state.

Nellie King, president of the Florida Association of Criminal Defense Lawyers, said:
 
"Judge Scriven's ruling simply renews the mandates inherent in the Constitution which our legislature opted to ignore."
The state is expected to appeal Scriven's ruling.

Criminal Defense

If you have been charged with drug possession, you need to contact a criminal defense lawyer immediately. These changes in legislation are going to significantly impact the possibility of a conviction. A criminal defense lawyer is knowledgeable about this situation and can help you devise a strategy for the best possibly outcome.

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]]>Andrew StineFri, 29 Jul 2011 15:54:59 GMThttp://www.andrewdstine.com/blog-78/374-florida-drug-statute-declared-unconstitutional-what-this-could-mean-for-you.aspxWhat to do if You Have Been Charged with Domestic Batteryhttp://www.andrewdstine.com/blog-78/373-what-to-do-if-you-have-been-charged-with-domestic-battery.aspxDomestic battery is an unfortunate but common occurrence. It often goes unreported to authorities because the victims fear retaliation. The victims also try to convince themselves that it is not a consistent pattern and the perpetrator will change. This mentality can lead to worse crimes. The article below discusses how a woman’s friends helped step in to prevent anything else happening from this domestic battery case.

Domestic Battery in Greenacres

According to an article in WPTV News, a 47-year-old Greenacres man was arrested early Monday and charged with domestic battery by strangulation. Police say he strangled his former sister-in-law but it is still unclear who’s story is correct.

Pedro Almanza-Flores was released after his first court appearance Tuesday morning with the order that he be under supervision, have no contact with the victim, and not to drink any alcohol. Almanza-Flores told police when they arrived at the scene that he argued with his former sister-in-law because he felt uncomfortable with having a sexual relationship her. He accused her of punching him four times in the face. Her story however, is much different.

Angelica Rosales, the alleged victim, told police that Almanza-Flores approached her to ask about dinner, on his way he tripped over the dresser and hit his head. He then allegedly started choking her, and she screamed for help. Another couple was in the house and walked in to see Almanza-Flores on top of Rosales. The husband managed to get Rosales free of Almanza-Flores’ grip.

Domestic Battery Criminal Defense

If you have ever been charged with domestic battery or aggravated battery, you are going to need the support of a criminal defense lawyer. At this point it is your word against your alleged victim’s, and the justice system is already on the victims’ side. You need to be represented fairly and justly and the only person capable of doing that for you is an experienced and knowledgeable criminal defense lawyer. Call a criminal defense lawyer today if you have any questions about your case. 

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]]>Andrew StineWed, 27 Jul 2011 15:19:25 GMThttp://www.andrewdstine.com/blog-78/373-what-to-do-if-you-have-been-charged-with-domestic-battery.aspxHow to Deal with Firearm Possession Charges as a Minorhttp://www.andrewdstine.com/blog-78/371-how-to-deal-with-firearm-possession-charges-as-a-minor.aspxAccording to an article in the Palm Beach Post, a minor has been arrested and stands accused of firing a gun at a house party near Apopka Saturday night and wounding nine people. It is unclear why the shooting occurred but the teen that opened fire has been charged with several crimes including possession of a firearm by a minor.

Possession of a Firearm by a Minor in Apopka

Weapons possession without the permits or credentials can be a serious crime. When it is a minor, the consequences are a little different but it is still a serious crime. The suspect in this case is a 17-year-old male who is now being held at a juvenile detention center.

He has been charged with eight counts of attempted second-degree murder with a firearm and one count each of carrying a concealed firearm, shooting into an occupied dwelling and possession of a firearm by a minor, the Orange County Sheriff’s Office said.

The Palm Beach Post article said the teen pulled a handgun and fired several shots inside the house before fleeing in an SUV. It has been concluded that the teen was the only shooter. Nine people were injured, three of which took themselves to area hospitals. Two of the victims had to undergo surgery and one is rumored to be in critical condition.

Possession of a Firearm by a Minor and the Law

According to Florida Statutes 790.22, a minor under the age of 18 years old may not possess a firearm other than an unloaded firearm at his or her home, unless the minor is engaged in lawful hunting activity and is at least 16 years old or supervised by an adult. This also applies to lawful events like marksmanship competition or practice.

If a minor violates any of the above conditions, it is a first-degree misdemeanor, which can result in 3 days in a secure detention facility and 100 hours of community service in addition to suspending the minor’s driver’s license. A second offense is a third-degree felony with 15 days of detention and 100 – 250 hours of community service.

Possession of a Firearm Criminal Defense

Committing a crime and being convicted as a minor can set you up for failure for the rest of your life. If you have been charged with any crime as a minor, you need the help of a criminal defense lawyer. While a few days in detention might not sound like much, a criminal defense lawyer can help you keep your record clean so you don’t have a criminal history following you around for the rest of your life. 

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]]>Andrew StineMon, 25 Jul 2011 14:27:00 GMThttp://www.andrewdstine.com/blog-78/371-how-to-deal-with-firearm-possession-charges-as-a-minor.aspxIs a DUI a Misdemeanor or a Felony?http://www.andrewdstine.com/blog-78/370-is-a-dui-a-misdemeanor-or-a-felony.aspxBeing charged with a DUI will change your life. Whether it is a misdemeanor DUI or a felony DUI, the conviction will appear on your criminal record and will reflect badly on your character when you apply for a job, try to rent or buy a place to live, or in just about anything where a background check may be involved. If you speak with a criminal defense lawyer, you may be able to work to get the conviction expunged from your criminal record.

Is a DUI a Felony or Misdemeanor?

A DUI misdemeanor conviction is when any person driving under the influence causes property damage or personal injury to another. It is then considered a first-degree misdemeanor punishable by up to 1 year in prison and a $1000 fine.

A DUI Felony conviction usually refers to repeat offenders. A person is charged with a felony if he or she is convicted of a third DUI within 10 years or a fourth DUI, period. It is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. It is also a third-degree felony if a person causes serious bodily injury while driving under the influence.

DUI Manslaughter

In West Palm Beach on Thursday, Mark William Bradly, 46, was charged with DUI manslaughter for driving under the influence during a fatal crash in October that killed a 10-year-old girl.

Khonii Louis died shortly after the crash at St. Mary's Medical Center in West Palm Beach, where she was being treated for severe neck injuries.

The accident occurred just before 2 a.m. Bradley had either stopped or parked his Ford F-250 truck in the westbound lane, according to a preliminary report. A 2004 Honda four-door vehicle driven by Khonii's mother, Shiin, 44, was headed westbound on Northlake and struck the back of Bradley's truck. Khonii was in the back seat at the time of the crash.

DUI Criminal Defense

If you have ever been charged with a DUI, you are in for some serious stress. Dealing with a DUI conviction, whether it’s a felony or a misdemeanor can be life altering. Not only do you have to deal with going to court, dealing with insurance companies, and suffering from pain and embarrassment, but you have the fear of a potential conviction hanging over your head. Talk to a DUI criminal defense lawyer. Ask as many questions as you need to. A criminal defense lawyer is on your team and works to protect your rights.

Have you ever been charged with a DUI? Tell us your story.

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]]>Andrew StineFri, 22 Jul 2011 14:02:00 GMThttp://www.andrewdstine.com/blog-78/370-is-a-dui-a-misdemeanor-or-a-felony.aspxUpdate: Officer of the Year Pleads Not Guilty to Drug Chargeshttp://www.andrewdstine.com/blog-78/369-update-officer-of-the-year-pleads-not-guilty-to-drug-charges.aspxAs discussed in a previous blog post on July 8th, Boynton Beach Police Department’s ‘Officer of the Year’ for 2010, 28-year-old David Britto, was indicted earlier this month on charges of conspiring to possess and traffic 500 grams of methamphetamine. The indictment alleges that Britto has been drug dealing from June 2009 until March 4, 2011 when he was caught in a DEA Organized Crime Drug Enforcement Task Force investigation.

If convicted, Britto is facing life in prison.

On Monday, Britto pleaded not guilty before a U.S. Magistrate judge. He remains on paid administrative leave. According to WPTV News, Britto has faced a total of seven internal affairs investigations since he was hired in 2006, three of those allegations against him sustained. In 2008, he was suspended for cursing at a driver and for failing to submit a report that was complete and accurate. He was also suspended in 2009 for failing to divulge that he was involved in an off-duty criminal investigation with the Miami Beach Police Department.

After Britto’s July 5 indictement, Police Chief G. Matthew Immler released a statement saying,

"We realize that when an officer stands accused of a violation of the public trust, all of law enforcement pays the price in eroded citizen confidence and the perception of diminished integrity."

Drug Trafficking Criminal Defense

Britto’s criminal defense lawyer needs to work very hard to represent Britto. Because Britto was named Officer of the Year and is highly respected within law enforcement, the outcome of the case will be interesting to see.

Have you ever been in this situation? Have you ever been accused of drug possession or trafficking after being in a highly respected position? This kind of situation is especially devastating and only an experienced criminal defense lawyer can understand the difficulties you may be suffering. Contact a criminal defense lawyer, he or she will be your strongest and most understanding ally.

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]]>Andrew StineWed, 20 Jul 2011 15:06:42 GMThttp://www.andrewdstine.com/blog-78/369-update-officer-of-the-year-pleads-not-guilty-to-drug-charges.aspxHow Common are Burglaries and Robberies in South Florida?http://www.andrewdstine.com/blog-78/368-how-common-are-burglaries-and-robberies-in-south-florida.aspxIn 2009, there were 30,911 reported robberies. That number continues to increase. Out of every state in the country, Florida ranks the 5th highest for the robbery rate as of 2009, according to The Disaster Center. There is generally a new robbery every day locally in West Palm Beach covered in the news.

Robbery in St. Lucie County

One young man has been captured and charged with robbery of the Fort Pierce city manager’s home, according to Fort Pierce Police and WPTV News Channel 5. He is one of three former high school football players, some of which played at Fort Pierce Westwood High School and the others at Fort Pierce Central High School, according to the article.

The former athletes who were arrested Thursday are: Andre Townsend, 18; Cameron Toombs, 19, and Timothy Smith, 20, all of Fort Pierce. The three boys were arrested after a high-speed chase, ending when their getaway vehicle wet into a ditch. In the vehicle, Sheriff’s deputies found an X-box belonging to city manager David Recor, a rifle, jewelry and a computer.

Late Friday, Toombs, 19, of South Seventh Street, was charged with burglary and grand theft of Recor’s home.

The boys are also linked to a robbery in Lakewood Park from the following day.

After a high-speed chase, the men were captured after driving their vehicle into a canal. Inside the suspects’ car were a digital camera, gloves, a safe, a DVD player, jewelry, a computer laptop and a Social Security card belonging to one of the victims, reports say.

Smith said he was at the burglary but didn’t participate. Toombs refused to talk, according to reports. Townsend, Toombs and Smith also are linked to a burglary in Indian River County, said Rothman. A safe found in the getaway car is from a home in Indian River County that was ransacked.

Burglary and Robbery Criminal Defense

Burglary and robbery are very serious offenses that are often coupled with violent crimes. Robbery is theft by way of force or threat. Burglary is unlawfully entering another’s property with the intent to commit a crime (i.e. theft). If you have been charged with a burglary or robbery, you need a criminal defense lawyer. These crimes are so common here in South Florida that most prosecutors are used to getting convictions. Have an experienced criminal defense lawyer give you the help you need.

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]]>Andrew StineMon, 18 Jul 2011 14:00:03 GMThttp://www.andrewdstine.com/blog-78/368-how-common-are-burglaries-and-robberies-in-south-florida.aspxWhat Will Happen if I'm Convicted for a Sex Crime Against a Minor?http://www.andrewdstine.com/blog-78/367-what-will-happen-if-im-convicted-for-a-sex-crime-against-a-minor.aspxCrimes against children are the most aggressively prosecuted within the justice system. One crime against children that is considered the most severe is attempting to entice a minor to engage in sexual activity through the use of a computer – especially if the perpetrator is a registered sex offender.

Convicted Again as a Registered Sex Offender

According to the Palm Beach Post, a 68-year-old man has been convicted of attempting to entice a minor to engage in sexual activity. Mark Levinson of West Palm Beach is a registered sex offender who had previously been convicted of aggravated sexual abuse of a 7-year-old girl.

He has now been found guilty of using a computer to try and entice an 8-year-old girl to engage in sexual activity, according to the post. He has been sentenced to 40 years – a number that directly relates to his previous record, and the extent of the crime.

According to the Palm Beach Post, Levinson entered an Internet chat room and conversed with an undercover police officer. The officer was posing as the father of an 8-year-old girl. Believing that he was communicating via web cam with the father and the child (played by another undercover officer), Levinson engaged in a sexual activity and asked the father and child to do the same, the release stated.

Levinson was immediately taken into custody.

Life as a Criminal Sex Offender

If you are convicted of a sexual offense against a minor, you will have to register with the Florida Department of Law Enforcement and from that moment on, your entire life will change.

Ask a criminal defense lawyer how your life will be turned inside out once you are convicted of a sexual offense against a minor. Every move you make will be closely monitored, you will be restricted in everything you do, who you meet, and how you live. Your registration as a sex offender will be public information. Only a criminal defense lawyer can help you if you have been charged with a sex crime against a minor.

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]]>Andrew StineFri, 15 Jul 2011 15:10:20 GMThttp://www.andrewdstine.com/blog-78/367-what-will-happen-if-im-convicted-for-a-sex-crime-against-a-minor.aspxIs Aggravated Assault a Felony?http://www.andrewdstine.com/blog-78/366-is-aggravated-assault-a-felony.aspxA West Palm Beach woman was arrested Monday after shooting her husband multiple times with a BB gun at a friends home. She called the police herself after an argument with her husband following the shooting.

Spousal Aggravated Assault

According to the Palm Beach Post, Darlene M. Garcia, 37 was arrested by Palm Beach County Sheriff’s deputies for allegedly shooting her husband in the face and body with a CO2 BB gun and stealing his clothes.

She was charged with aggravated assault, burglary, and resisting an officer.

Around 7 a.m. Monday, while her husband was at a friend’s house, Garcia entered the home and opened fire on her husband, according to the post.

Her husband returned home and he and Garcia began arguing. She then called the police to their West Palm Beach home. Deputies arrived and Garcia continuously interrupted, shouting obscenities.

The BB gun was never found, but the couple’s 11-year-old son turned over a gun cartridge and confirmed that they do own a gun. Garcia was warned five times that she may be arrested for interrupting the investigation before being taken into custody by deputies.

Aggravated Assault and the Law

A person is found guilty of aggravated assault if it is proven that he or she attempted to cause serious bodily injury to another. It is considered aggravated assault if he or she attempts to knowingly cause bodily injury to another with a deadly weapon. Aggravated assault is a third-degree felony punishable by a maximum of 5 years in prison and a steep $5,000 fine.

Aggravated Assault Criminal Defense

Being charged with aggravated assault can really hinder your life. While an experienced criminal defense lawyer can have your sentence toned down, having a felony charge on your criminal record will follow you around for the rest of your life. A felony charge for aggravated assault can keep you from getting a job, renting a place to live, and just having a normal life. Speak to a criminal defense lawyer about your charges and give yourself a chance at a future. 

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]]>Andrew StineWed, 13 Jul 2011 15:07:04 GMThttp://www.andrewdstine.com/blog-78/366-is-aggravated-assault-a-felony.aspxWhat can I do if I'm Facing Child Neglect Charges?http://www.andrewdstine.com/blog-78/365-what-can-i-do-if-im-facing-child-neglect-charges.aspxAn 18-month-old’s future is in the hands of the law now after his father was arrested Saturday on child neglect charges. The case was so severe that an emergency hearing has been scheduled for today to determine who will receive custody of the child. It is highly unlikely that the father will be able to have the child in his care ever again.

The following is an article from WPTV News Channel 5:

ORLANDO, Fla. (AP) -- A neighbor called authorities after spotting an 18-month-old boy picking up beer cans and drinking out of them outside his Orlando home.

Orange County Sheriff's deputies arrested the child's father Saturday night and an emergency hearing is scheduled for Monday morning at the Juvenile Justice Center in Orlando to determine who will take custody of the child.

Officials say the father was "passed out" inside his mobile home when deputies arrived after the neighbor called 911. The child was alone outside, drinking beer.

Elvin Garcia was arrested on child neglect charges and made his first appearance in court Sunday morning. Department of Children and Families investigators described the home as "deplorable."

Child Neglect and Abuse in Florida

Over one million children are victims of child abuse and neglect each year, according to state child protective service agencies. Many of them never receive help because the crimes committed against them are not reported to authorities. Abused children can be found in all races, ages, religions, and socioeconomic standings. When abuse or neglect is reported, the Department of Children and Families steps in to protect the abused when possible.

If you suspect anyone you know is being abused, call the Florida Abuse hotline at 1-800-962-2873. Just make one phone call and you can salvage the future of abused, neglected, and/or exploited children and vulnerable adults in Florida.

Child Abuse and Neglect Criminal Defense

Everyone’s circumstances are different. If you are facing child neglect or abuse charges you most likely don’t have anyone on your team, trying to protect your rights. The justice system has no mercy for people who commit crimes against children, but at the same time, you need someone who can ensure you a fair trial. An experienced criminal defense lawyer will conduct his own investigation and make sure all the evidence is present when you are tried. Have a knowledgeable criminal defense attorney explain the process to come. 

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]]>Andrew StineMon, 11 Jul 2011 13:46:02 GMThttp://www.andrewdstine.com/blog-78/365-what-can-i-do-if-im-facing-child-neglect-charges.aspxHow an Officer of the Year Could Spend his Life in Prisonhttp://www.andrewdstine.com/blog-78/364-how-an-officer-of-the-year-could-spend-his-life-in-prison.aspxSometimes even law enforcement officers get caught up in crime. When an officer is accused of committing a crime, it ends up in the news followed by community outrage. Officers are supposed to represent societal integrity and moral fiber. Seeing someone supposedly committed to the law indicted for drug trafficking can be hard on the community.

Officer of the Year Caught Dealing Drugs

According to an article in WPTV News, the Boynton Beach Police department’s ‘Officer of the Year’ for 2010 was indicted Tuesday. David Britto, 28, is accused of conspiring to possess and traffic 500 grams of methamphetamine. The indictment alleges that Britto has been drug dealing from June 2009 until March 4, 2011 when he was caught in a DEA led Organized Crime Drug Enforcement Task Force investigation.

Now that Britto faces a potential life sentence if convicted, Police Chief G. Matthew Immler released a statement saying,

"We realize that when an officer stands accused of a violation of the public trust, all of law enforcement pays the price in eroded citizen confidence and the perception of diminished integrity."

Britto was named ‘Officer of the Year’ for various achievements including helping to identify a man suspected of shooting two street preachers, performing CPR on a 2-year-old girl who almost drowned, working 11 burglaries resulting in 19 arrests, and working 18 narcotic cases leading to 25 arrests.

Britto said at the beginning of last year, he took out a pen and a piece of paper and wrote down that on every call he wanted to make a difference in someone's life, according to the article.

He’s certainly made a difference for people who are hesitant to trust law enforcement officers.

Drug Trafficking Criminal Defense

It is upsetting to see someone who seems so motivated to make a difference in people’s lives fall into the downward spiral of criminal behavior. Officer Britto is going to need a very knowledgeable criminal defense lawyer on his side to avoid that lifelong prison sentence prosecutors are pushing for. If you have ever been charged with drug trafficking, a criminal defense attorney is the most essential person you can have on your team. Lawyers understand that you made a mistake and will do everything in their power to protect your rights.

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]]>Andrew StineFri, 08 Jul 2011 14:54:38 GMThttp://www.andrewdstine.com/blog-78/364-how-an-officer-of-the-year-could-spend-his-life-in-prison.aspxDefense Attorney Andrew D. Stine Comments on Casey Anthony Casehttp://www.andrewdstine.com/blog-78/363-defense-attorney-andrew-d-stine-comments-on-casey-anthony-case.aspxAccording to the Palm Beach Post, some local defense attorneys expressed their opinions on the Casey Anthony murder trial on Monday, July 4.

Unsurprisingly, no verdict came after jurors in Orlando concluded their first day of deliberations Monday. Several local attorneys predict that we will not see a verdict until at least the end of the week; they believe the jurors will likely continue their debate for a couple of more days.

Local Attorney Opinions

One of our own local attorneys, Andrew D. Stine, West Palm Beach criminal defense lawyer said, “I don’t think they’ll agree on a number of things, and I do think there will be some infighting.”

Stine expressed that attorneys on both sides of the case presented their closing arguments well but the state’s circumstantial case was not as strong as they portrayed. Stine also pointed out there is a strong possibility that the jury may convict Anthony of the lesser charge of second-degree murder, rather than premeditated or felony murder as prosecutors are pushing for.

Both Stine and another defense attorney, Michelle Suskauer agreed that the defense made a great decision in keeping Anthony from testifying. If she testified, she may have had to answer questions about the several alleged lies she told that prosecutors exposed earlier in the trial.

Orange County Chief Circuit Judge Belvin Perry instructed jurors that they should not use the fact that Anthony stayed off the stand against her. Stine and Suskauer both say they hope the jury took those instructions to heart, but wouldn't be surprised if one of them has already wondered aloud why Anthony didn't testify.

Stine thinks defense attorney Jose Baez did as good a job as he could to attack the forensic evidence, saying that there was no evidence of chloroform poisoning found in Caylee's system.

All above information can be found in the Palm Beach Post.

More to Come in the Casey Anthony Murder Trial?

Criminal defense lawyer Andrew D. Stine will continue to watch the trial and express his opinions as the jurors continue their deliberation. We will keep you posted on any updates.

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]]>Andrew StineTue, 05 Jul 2011 18:03:09 GMThttp://www.andrewdstine.com/blog-78/363-defense-attorney-andrew-d-stine-comments-on-casey-anthony-case.aspxWhat to Do if You are Caught Carjackinghttp://www.andrewdstine.com/blog-78/362-what-to-do-if-you-are-caught-carjacking.aspxHappy 4th of July! Some people have not had such a good weekend so far. According to the Palm Beach Post, two men were carjacked and one was stuffed into the trunk late last night. Police are trying to figure out if this incident is part of the “bump and rob” trend that’s starting to become more commonplace in the West Palm Beach area lately.

Grand Theft Auto

According to the article, police are investigating an overnight carjacking that began in Palm Beach Gardens and ended in a crash near an ATM in West Palm Beach. Details are scant, but it appears that at 3:30 a.m. two men in a Hyundai Sonata in the area of Northlake Boulevard and Military Trail were approached by three men with guns, reports Palm Beach Gardens police spokeswoman Officer Ellen Lovejoy.

One of the victims was put in the car's trunk and the other along with the robbers headed for an ATM, Lovejoy said. From that ATM they headed for another, she said. For unknown reasons, the car later crashed near the Chase Bank ATM on the property of the former Palm Beach Mall at Congress Avenue and Palm Beach Lakes Boulevard in West Palm Beach, Lovejoy said.

The three robbers ran from the scene and the two victims were treated for minor injuries, Lovejoy said. Police are investigating the possibility that this carjacking could be related to previous "bump and robs" that have been committed in the area in recent months, Lovejoy said

Robbery Defense

If you have ever been charged with robbery, burglary, or theft (especially carjacking), you need a criminal defense lawyer who’s going to be aggressive when fighting for your legal rights. If you have been charged with robbery, burglary, or any kind of theft, you’re looking at a felony, severe fines, and possibly and extended prison sentence. Let an experienced criminal defense attorney fight to protect your legal rights.

Have a fun and safe holiday.

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]]>Andrew StineMon, 04 Jul 2011 14:04:37 GMThttp://www.andrewdstine.com/blog-78/362-what-to-do-if-you-are-caught-carjacking.aspxCan a Judge Overturn a Jury Verdict?http://www.andrewdstine.com/blog-78/361-can-a-judge-overturn-a-jury-verdict.aspxHave you ever wondered if a judge can overturn a guilty verdict, or even a not guilty verdict? The results of former West Palm Beach Firefighter Capt. Rick Curtis’s trial may leave people wondering – is a jury verdict the final word?

DUI Conviction Overturned

According to the Palm Beach Post, Rick Curtis is fighting to get his job back as a firefighter for West Palm Beach now that his DUI conviction has been overturned. The conviction was overturned after Curtis alleged that the judge had an “intimate relationship” with one of Curtis’ adversarial colleagues. Curtis claims he didn’t learn of the relationship until after the trial.

City officials are refusing to let Curtis return to the department and are claiming that the conviction wasn’t the sole reason he was fired. County Court Judge Paul Damico ordered a new trial Wednesday.

Can a Judge Overrule a Jury Verdict?

In any trial, the judge’s decision and opinion has higher authority than anyone else. The fact of the matter is that a judge is an expert on the law and the jury is not. The judge can overturn a guilty verdict and find the defendant not guilty, but not the other way around.

Instead of overturning a guilty verdict, the judge can order a new trial. This is a rare instance that can happen if the judge determines that there was a procedural error or an error with the evidence that was important to the case.

Ultimately, a judge overruling a jury verdict is very rare because jury verdicts are supposed to represent the sentiment of the community.

Criminal Defense

If you are facing charges and fear the results of your trial, you need a criminal defense lawyer on your side. An experienced criminal defense lawyer will know how to file a motion to vacate the conviction if you feel that you have been wrongly convicted based on errors during the trial.

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]]>Andrew StineFri, 01 Jul 2011 14:04:24 GMThttp://www.andrewdstine.com/blog-78/361-can-a-judge-overturn-a-jury-verdict.aspx