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)Fri, 18 May 2012 15:38:02 GMTFri, 18 May 2012 15:38:02 GMTViestly60Record Number of Illegal Immigrant Deportationshttp://www.andrewdstine.com/blog-78/500-record-number-of-illegal-immigrant-deportations.aspxImmigration is a tricky subject. If you are an immigrant, legal or illegal, and you are accused of a serious crime, you could be facing potential deportation. Regardless of your legal status you need to contact an experienced criminal defense lawyer immediately. This is the only chance you have at staying in this country. The law does not take immigration lightly and while there is momentum in changing immigration legislation, for now, being an illegal or even legal immigrant can be a precarious thing.

Possible Immigrants Land on Shore
There are so many stories about the coast guard catching speed boats racing towards our shores carrying loads of people entering our country illegally. Recently, nine people were taken into custody late Thursday as a result of a possible immigrant landing on Hutchinson Island, the Martin County Sheriff's Office reported.

Officials are still in the area, looking for up to five more people. At about 10 p.m. Thursday, deputies found six men and three women in the area of MacArthur Boulevard, sheriff's spokeswoman Rhonda Irons said. The men and women appeared to be of Colombian descent, Irons said. They were on foot and no vessel was located, according to WPTV News.

Record Number of Deportations in 2011
According to WPTV News, the U.S. Immigration and Customs Enforcement Director said in a statement late last year saying that 2011 fiscal year produced nearly 400,000 deportations involving immigrants committing serious crimes including both felony and misdemeanor convictions. The agency says that this number is up 89 percent from 2008 and is the largest in history.

Among those deported were more than 1,000 people convicted of homicide. Another 5,800 were sexual offenders, and about 80,000 people convicted of drug crimes or DUI's.

Authorities say two-thirds of those deported either recently crossed the border or had done so repeatedly.

Criminal Defense
If you are an immigrant and you have been accused of a crime, you have a serious chance of being deported back to your country. Even being found in the U.S. again after your deportation is a felony. Contact a criminal defense lawyer immediately after your arrest as he is your only hope at staying in the country.

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]]>Andrew StineFri, 18 May 2012 12:10:03 GMThttp://www.andrewdstine.com/blog-78/500-record-number-of-illegal-immigrant-deportations.aspxDepartment of Children and Families Case Worker Accused of Falsifying Documentshttp://www.andrewdstine.com/blog-78/499-department-of-children-and-families-case-worker-accused-of-falsifying-documents.aspxThe Florida Department of Children and Families is the state agency charged with the responsibility of protecting abused and neglected children, elderly, and the disabled. We often hear stories about DCF investigations involving child abuse or neglect, and how these children are taken away from their homes for fear of their safety or even their lives. As a community, we put our trust and faith into this organization to protect children from perilous situations. Unfortunately, the Florida DCF is receiving some heat as a case worker has been accused of falsifying documents and not fulfilling her duties.

DCF Under Investiagtion
According to WPTV News, Maria Clacher, 49, a case manager working for a state DCF subcontractor was arrested Monday on a felony charge. She has been accused of falsifying records relating to children under her care after a Florida Department of Law Enforcement Investigation.

Case managers for DCF are supposed to make face-to-face contact at least once every 30 days with the care giver and the child. A form must be filled out and a photograph must be taken of the child. According to an official and statements in a complaint affidavit supporting Clacher's arrest, Clacher falsified at least 13 visits for five families between Oct. 2010 - June 2011.

According to WPTV, investigators were told Clacher was difficult to get in touch with, rarely or never took photographs and also rarely performed home visits. They also pointed out inaccuracies in case notes. Clacher was terminated in June 2011 for falsifying her visits. When confronted about the issues, she simply said she can't remember, according to WPTV.

Criminal Defense
Children who are taken from their homes and placed in one of the 19,000 foster homes that the DCF are responsible for should feel safe and well cared for. Having a case manager who disregarded her duties not only affected the organization but the children that were depending on her supervision to keep them safe. If you have been accused of child abuse or child neglect, contact a criminal defense lawyer immediately. There is a strong chance you could lose your child.

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]]>Andrew StineWed, 16 May 2012 14:55:03 GMThttp://www.andrewdstine.com/blog-78/499-department-of-children-and-families-case-worker-accused-of-falsifying-documents.aspxIs the Rate of Home Invasions and Robberies on an Incline?http://www.andrewdstine.com/blog-78/498-is-the-rate-of-home-invasions-and-robberies-on-an-incline.aspxDespite recent good news about the gradual decline in the rate of robberies and home invasions, the rate for the first quarter of this year has law enforcement on edge. Law enforcement has recently been boasting about an improved response rate to robberies, better technology and resources, and an all around better crime rate. However, it seems that things are actually getting worse, despite all of the new and improved efforts of law enforcement.

Home Invasion
A home invasion robbery is much different than a burglary. For instance, home invasion is considered the act of illegally entering (or breaking and entering) a private and occupied dwelling with violent intent for the purpose of committing a crime against the occupants such as robbery or assault. Burglary is simply illegally entering a dwelling with the intent of stealing property.

Home Invasions on the Rise
Home invasions are generally one of the most violent types of crimes. This is because they usually involve the perpetrator brandishing some type of deadly weapon. However, victims targeted at random are usually rare. The perpetrator usually has a purpose behind invading a home - and that purpose is usually knowledge of accessible cash or drugs.

According to an article in the Palm Beach Post, authorities reported 2,018 robberies in Palm Beach County in 2010, 649 fewer than in 2009. And while in 2011 there were still fewer robberies - only 1,881 - the decrease was just 137. Also, although the number of arrests for home invasions in Palm Beach County has been declining over the past three years, arrests in the first quarter of this year are ahead of the same period last year.

According to the Post, Lt. Michael Wingate, head of the robbery unit at the Palm Beach County Sheriff's Office, said robberies are down overall because of better policing, including faster responses. And home invasions often have something to do with drugs, he said. He said many of the cases the sheriff's office works include people who have drugs - particularly prescription pills - excess cash or weapons around their house, making them susceptible to robbers.

Criminal Defense
If you have been accused of robbery, you could be looking at a serious felony charge if a deadly weapon was involved. It is imperative that you call a criminal defense lawyer immediately after your arrest.

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]]>Andrew StineMon, 14 May 2012 16:41:31 GMThttp://www.andrewdstine.com/blog-78/498-is-the-rate-of-home-invasions-and-robberies-on-an-incline.aspxGoodman May Be Released After Appealing Convictionhttp://www.andrewdstine.com/blog-78/497-goodman-may-be-released-after-appealing-conviction.aspxMany people have been following the John Goodman DUI Manslaughter case almost as avidly as they followed the Casey Anthony case. Goodman was convicted in March of killing 23-year-old Scott Wilson in a car crash, he trudged his way through and arduous court process leading to conviction and controversy. Then, Goodman's defense lawyers made several claims that the conviction should be overturned because of jury misconduct. Now, after the hearing and questioning of the jury, the judge may release Goodman while he appeals his conviction.

John Goodman Sentencing
Goodman is scheduled to be sentenced today for a DUI Manslaughter conviction. Viewers can watch the sentencing hearing live when it begins. According to Florida law, Judge Colbath is actually able to release Goodman on bond after he has been sentenced - which is exactly what his criminal defense lawyers are pushing for.

Jury Misconduct
According to an article in WPTV News, Juror Dennis DeMartin, who wrote and self-published a book about Goodman’s trial, will return to court for a 'supplemental interview' before the sentencing hearing begins. He will be asked questions about the allegations of jury misconduct relating to his book. His answers may very well affect Judge Colbath's actions.

Goodman’s defense attorneys submitted 13 potential questions to the court Thursday that they plan to ask DeMartin during today’s interview, which is set to begin today at 1:59 p.m.

According to the article, DeMartin's book details an experiment he did to better understand how much Goodman might have had to drink the night he crashed his car into Scott Wilson. The experiment included that he drank three vodka and tonics between 9:00-10:00 p.m. the night before the verdict, and became disoriented walking around his apartment complex as a result.

In chapter 9 of DeMartin’s book, he writes, "When the alarm went off the next morning, I got up and felt relieved. The question in my mind the night before was answered to me. Even if a person is not drunk, 3 or 4 drinks would make it impossible to operate a vehicle. I got dressed and was in a fine frame of mind to go deliberate the evidence we had,” according to WPTV News.

Judge Colbath had specifically told the jurors to make their deliberations solely based on the evidence presented in the courtroom. DeMartin's experiment may be seen as a direct violation of the judge's orders, and could be ruled as jury misconduct.

Prosecutors filed a sentence recommendation Thursday, asking Judge Colbath to sentence Goodman to 20 years in prison.

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]]>Andrew StineFri, 11 May 2012 14:17:54 GMThttp://www.andrewdstine.com/blog-78/497-goodman-may-be-released-after-appealing-conviction.aspxBe Aware of A New Kind of Credit Card Fraudhttp://www.andrewdstine.com/blog-78/496-be-aware-of-a-new-kind-of-credit-card-fraud.aspxFraud is a very serious crime in the state of Florida. The charges only increase in severity with the amount of money stolen by fraudulent actions. Unfortunately, fraud is one of the most common types of theft that happens on a daily basis. As technology develops, fraudulent schemes become more and more advanced. With advancing schemes, law enforcement are having a more difficult time tracking down criminals and the systems they are using. These days, credit card fraud and online identity theft is one of the biggest problems that the Economic Crimes Division has to deal with.

A Skimmer is Credit Card Fraud
People are now being made aware of a new credit card fraud called a skimmer. It is a device that reads the mag stripe on your card and then writes it onto another card so the perpetrator can have a physical card on hand. WPTV News posted an article on how certain locations can be more popular for people committing fraud to use skimmers.

The article says that some of the most riskiest places to swipe your card are ATM's or pay-at-the-pump gas stations. Outside locations are much easier for a scammer to place the devices. Inside locations are more difficult, but a disgruntled former employee would have access to it. According to the article, restaurants are also on the list because a server has access to your card and could be using a skimmer.

Shopping online is considered high risk especially if you're not familiar with the site as well as businesses that keep your account information on hand to make future purchases easier may also put you at risk. If the business is hacked your information is compromised.

WPTV News states that the best way to defend yourself against this type of fraud is to consistently check your finances, even several times a week. Banks will usually refund the charges that have been stolen from your account within a 60-day period by way of fraud.

Criminal Defense
If you have been charged with fraud, an experienced criminal defense lawyer who has a good working relationship with the prosecutor can help to reduce your charges to simply paying restitution.

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]]>Andrew StineWed, 09 May 2012 10:39:38 GMThttp://www.andrewdstine.com/blog-78/496-be-aware-of-a-new-kind-of-credit-card-fraud.aspxOver 200 Dogs Rescued from Puppy Mill in Boca Ratonhttp://www.andrewdstine.com/blog-78/495-over-200-dogs-rescued-from-puppy-mill-in-boca-raton.aspxAnimal cruelty crimes are the most heartbreaking of all because the victims of the crimes are truly defenseless. Puppy mills are often the biggest animal cruelty cases that people encounter. A puppy mill, sometimes called a puppy farm, is a commercial breeding facility where the operators focus solely on profits and give no heed to the animals' welfare. The conditions are almost always deplorable. A puppy mill was discovered and raided recently in Venice, where over 200 dogs were rescued by the Tri-County Humane Society in Boca Raton and are being treated.

Potential Animal Cruelty Charges
According to an article in WPTV News, dozens of dogs rescued last week from a puppy mill arrived at the Boca Raton Tri-County Humane Society late Saturday night and could be up for adoption in the next few weeks. About 263 dogs were rescued by Sarasota County Animal Services, pulled from a home in Venice last week. Some of the animals are not in good condition, according to investigators. They were still being treated Sunday night.

The article stated that investigators said the owners of the dogs were cooperative with authorities. The Tri-County Humane Society in Boca Raton is one of many facilities where the dogs are being treated. The article was unclear whether animal cruelty charges were going to be filed.

Pending medical evaluation and clearance, the animals will be put up for adoption. Many have worms, ticks, fleas, infections and eye problems. Two of the dogs rescued by Tri-County were rushed to emergency veterinary care.

"The most horrific conditions I think I've ever seen in my rescue," said Tri-County Director Suzi Goldsmith. "They have had the worst quality of life and I would say they've had no quality of life."

To donate or adopt, call 561-482-8110 or visit www.tricountyhumane.org .

Animal Cruelty
In the state of Florida, animal cruelty can be charged as anything from a civil infraction to a major felony. A person can be charged for mistreating one animal or a group of animals. If you have ever been accused of animal cruelty, contact a criminal defense lawyer immediately. This is a case surrounded by complicated and changing legislation. A criminal defense lawyer can be the best asset you have in this serious situation.

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]]>Andrew StineMon, 07 May 2012 12:44:59 GMThttp://www.andrewdstine.com/blog-78/495-over-200-dogs-rescued-from-puppy-mill-in-boca-raton.aspxPill Mill Kingpin Ordered to Pay Victim's Family Millionshttp://www.andrewdstine.com/blog-78/494-pill-mill-kingpin-ordered-to-pay-victims-family-millions.aspxJeff George, often discussed in previous posts as a kingpin of pill mills, has finally been ordered to pay financial restitution to the family of 24-year-old Joey Bartolucci who died from overdosing on narcotics in 2009, supplied by the pill mills operated by the George brothers. Pill mills are pain clinics that often prescribed powerful narcotics like Oxycodone without discretion. These operations are under extreme scrutiny and heavy investigation because of the rising number of Oxycodone related overdose deaths. It is simply just too easy for addicts and drug dealers to get their hands on powerful prescription drugs.

Jeff George Ordered to Pay Millions
According to an article in WPTV News, Jeff George of Wellington, Fla., admitted to killing Joey Bartolucci nine months ago, by giving him access to massive quantities of powerful narcotics. Now, he has been ordered to pay the Bartolucci family $5.3 million.

The jury verdict for Bartolucci's mother, Gina, and his sister, Jennifer Moyles, came after a one-sided trial that lasted less than a day. An attorney representing Bartolucci's family detailed for jurors how George's callous actions led to the aspiring paramedic's 2009 overdose death. George was not in the courtroom and did not hire a criminal defense lawyer to represent him.

Like nearly a half-dozen others who pleaded guilty in connection with one of the biggest pill mill operations in the country, George last week turned himself in to a federal prison. Last Friday, he began serving a 15 1/2-year sentence after pleading guilty in U.S. District Court to racketeering conspiracy for operating pill mills in Palm Beach County and Broward County.

Criminal Defense
If you have ever been charged with possession or trafficking a serious narcotic like Oxycodone, you are going to have a difficult time with the court process. Not only are you facing serious felony charges (depending on the amount in question), but there are always residual charges as well. A criminal defense lawyer can help you understand everything happening in court and will represent you professionally and knowledgeably.

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]]>Andrew StineFri, 04 May 2012 18:35:31 GMThttp://www.andrewdstine.com/blog-78/494-pill-mill-kingpin-ordered-to-pay-victims-family-millions.aspxGrandparents in Sarasota Charged with Child Endangermenthttp://www.andrewdstine.com/blog-78/493-grandparents-in-sarasota-charged-with-child-endangerment.aspxTwo Sarasota grandparents have been arrested charged with child endangerment, the charges also involve alcohol. Many times, child abuse, child neglect, and child endangerment often involves alcohol or drug abuse. When authorities are called to confront a set of parents or guardians, it's usually because a relative, teacher, or some sort of witness has personally seen the child's parents abuse or neglect the child. Often times the abuse or neglect only happens with alcohol. This can be a very tricky situation because the parents or guardians feel they have not done anything wrong.

Grandparents Charged with Child Endangerment
According to an article in WPTV News, two Florida grandparents have been arrested after police say they hooked their granddaughter's plastic toy car to their SUV and gave her a ride. A Sarasota County deputy said he spotted the 7-year-old wearing a bathing suit and no helmet as she was towed behind the SUV Sunday. Her toy car was tied to a trailer hitch with dog leashes. She was not harmed.

The Sarasota Herald-Tribune reports the vehicle was traveling less than 10 mph. Paul Berloni, the grandfather, was charged with driving under the influence, child endangerment and driving with a suspended license. Belinda Berloni, the grandmother, also faces a child endangerment charge. Both admitted they had been drinking. Belinda said they were just having fun and had been towing the child all day.

The couple remained in jail without bail.

Criminal Defense
If you have been arrested and charged with a DUI with a minor in the vehicle, the charges are much more serious than if you had been in the vehicle alone. This is a charge that is not taken lightly by the court and you are going to need all the experienced help you can get from a criminal defense lawyer. Call a DUI Lawyer immediately after your arrest.

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]]>Andrew StineWed, 02 May 2012 11:52:00 GMThttp://www.andrewdstine.com/blog-78/493-grandparents-in-sarasota-charged-with-child-endangerment.aspxBurgerFi Chain Involved in Embezzlement Lawsuithttp://www.andrewdstine.com/blog-78/492-burgerfi-chain-involved-in-embezzlement-lawsuit.aspxThe popular BurgerFi chain has been blossoming throughout South Florida. Many residents in the area have nothing but positive remarks when it comes to the chain. The restaurant also boasts its humane and natural meat, which is becoming a must-have in reputable burger restaurants. However, the chain is falling under some scrutiny as the current partners of the BurgerFi business entity are filing several lawsuits against David Mainiero after he abruptly split from the company earlier this year, without giving a reason why.

BurgerFi and Competition
According to an article in the Palm Beach Post, Mainiero’s ex-partners claim he was stealing from the restaurants to support his lifestyle, decorate his home and open competing restaurants. The estimated loss is around $1 million, according to Lee Goldberg, one of the ex-partners.

The lawsuit alleges that beginning in 2010, Mainiero, and wife, Lynn, started diverting money to themselves from vendors who served the restaurants. For instance, the lawsuit claims between December 2010 and March 2011, Southern Wine & Spirits paid $73,500 to a Mainiero entity, instead of the restaurants.

The lawsuit also claims that Mainiero, during a trip to California to scout locations for BurgerFi, decided instead to open a competing burger joint called Urbun Burger in Laguna Beach, Calif., using the trade secrets of BurgerFi. The lawsuit claims that $67,500 was paid by Southern Wine to Urbun, even though the money was supposed to be for BurgerFi. Even West Palm Beach-based Cheney Brothers provided equipment valued at $5,000 that was intended for the restaurants but instead was diverted to David’s son, David Jr., and Urbun, the lawsuit claims.

And that’s not all. Restaurant Development Group LLC, the entity that owns such eateries as The Office and Vic & Angelo’s, just filed a “cybersquatting” lawsuit in U.S. District Court, alleging the Mainieros have not surrendered the restaurants’ websites, vicandangelos.com and theofficedelray.com after turning over ownership of the two restaurants. They allege in the lawsuit that the Mainieros have “hijacked the domain names and attempted to use them as bargaining chips.”

Goldberg said he believes law enforcement is looking into the allegations of theft. But Robert Saraga, an attorney for Mainiero, said he has no knowledge of any law enforcement investigation. He also said he planned to file an answer, with counterclaims.

Money Laundering and Embezzlement
Money laundering is a felony, which may be charged in state or federal court. The penalties include jail time, a fine, and the forfeiture of any cash seized by the government. If the cash from an illegal enterprise is deposited in a bank account that contains other funds, the entire bank account could be seized.

Embezzlement is the act of dishonestly appropriating funds or assets for one's own use rather than its intended use. The charge is also a serious felony.

If you have an investigation filed against you for money laundering or embezzlement, you are in for a long legal process. A criminal defense lawyer can conduct his own investigation into your case to make your you have the best possible proactive defense in this situation.

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]]>Andrew StineMon, 30 Apr 2012 12:56:20 GMThttp://www.andrewdstine.com/blog-78/492-burgerfi-chain-involved-in-embezzlement-lawsuit.aspxJudge in John Goodman Case Asked to Step Asidehttp://www.andrewdstine.com/blog-78/491-judge-in-john-goodman-case-asked-to-step-aside.aspxJohn Goodman, founder of the International Polo Club Palm Beach, was found guilty of DUI Manslaughter and Vehicular Homicide in March of this year. While his case seemed to be resolved, his criminal defense attorneys were continuing to attempt to change the fate of Goodman's case by accusing several of the jury members of misconduct. This case continues to complicate, while Goodman still sits in a cell, convicted of drunkenly hitting another person's vehicle, sending that car careening into a canal where the victim drowned.

Jury Called in for Questioning
According to a previous post, the possible misconduct concerns were spelled out in a 77-page document and defense attorneys say they came from a fellow juror. Goodman's attorneys say that juror said members of the jury panel, throughout the trial, disobeyed instructions from the judge and talked about the case when they were not supposed to. The potential of jury members having tainted the case by talking about it when they were supposed to could have jeopardized the outcome of the trial, and possibly even Goodman's conviction.

Judge Asked to Step Aside
Apparently the case is becoming even more complicated because according to a  WPTV News update, Goodman's defense attorneys are accusing circuit Judge Jeffrey Colbath of not tell them that Toni May, a former television host and executive director of South Florida Today on WXEL-TV, wrote him a letter in which she said she overheard a juror raise worries over possible jury misconduct at a Palm Beach Gardens restaurant the day after Goodman was convicted, before the judge agreed to interview jurors about the allegations, according to WTPV News.

The attorneys are asking for the court's "disqualification and reassignment" of the case, so that all of these potentially outcome-altering variables can be addressed.

Judge Colbath has recently denied a request for a new trial.

DUI Defense Attorney
If you choose to drink and drive, you are risking serious felony charges that will change the course of your life forever. Contact a DUI criminal defense lawyer immediately after your arrest to begin proactively putting together a strategy to represent your side of the story as quickly and effectively as possible.

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]]>Andrew StineFri, 27 Apr 2012 13:04:12 GMThttp://www.andrewdstine.com/blog-78/491-judge-in-john-goodman-case-asked-to-step-aside.aspxPossible Animal Cruelty and A Bomb Threathttp://www.andrewdstine.com/blog-78/490-possible-animal-cruelty-and-a-bomb-threat.aspxAnimal Services is an organization given the responsibility to care for animals neglected or abused by their owners. It is often heart breaking to hear stories about animal service centers that are under investigations of animal cruelty. For animal lovers, it can be jarring to hear that an organization that is dedicated to helping defenseless animals is actually causing more harm than good. One man was outraged to hear that a dog had been euthanized way too soon - violating policy - and actually made several threatening phone calls to the Hernando County Animal Services, even making a bomb threat.

Animal Cruelty in Hernando County
Hernando County Commissioners are calling for an investigation into a situation that amplified into a bomb threat at the Hernando County Animal Services center. Zeus, an 8-month old mixed puppy was brought to Animal Services for adoption and surrendered by the owner. Company policy states that owner-surrendered dogs are kept for a minimum of seven days.

Zeus was euthanized less than an hour after he arrived. According to a WPTV News article, the staff at the animal services center said there was not enough space for Zeus to be held.

According to the article, once word got out that Zeus had been euthanized less than hour after arriving at the Hernando County Animal Services, frustrations boiled over and a message was left on the voicemail at the Animal Services office. The unidentified caller was outraged at the killing of the dog, and went on to threaten employees with a bomb.

"I'm going to place a bomb and kill everybody. Everybody that works there, I'm going to murder in retribution for this dog. I'm going to place an explosive device and just bomb that place," the caller explained.

Brooksville police are confident they will find the person who placed a total of six threatening calls. If found, the unknown caller is facing charges due to several harassing phone calls in addition to the bomb threat. According to the article, Hernando County Commissioners will address the issue of a possible investigation into Zeus's death Tuesday morning.

Animal Cruelty Defense
If you have been charged with animal cruelty, it is imperative you verse yourself well in the legal process. A criminal defense lawyer understands how the law has been changing constantly and will be up to date on the best possible defense strategy for your situation. The charges are very serious and a criminal defense lawyer can investigate your side of the story and ensure that you are represented with all possible evidence in court.

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]]>Andrew StineWed, 25 Apr 2012 15:51:55 GMThttp://www.andrewdstine.com/blog-78/490-possible-animal-cruelty-and-a-bomb-threat.aspxHow Petty Theft can Turn into Grand Thefthttp://www.andrewdstine.com/blog-78/489-how-petty-theft-can-turn-into-grand-theft.aspxPetty theft and grand theft are considered to be different solely on the value of the property or money stolen. You will be charged with petty theft if you have stolen property or money valuing less than $300. Greater than $300 is grand theft and is a felony. A felony conviction can cost you your rights as an average citizen. A man in Naples is in need of an experienced criminal defense lawyer because he has so many petty theft convictions on his record that his most recent theft escapade of $1 actually cost him a felony.

Petty Theft vs. Grand Theft
According to a WPTV News, a Naples man faces a felony charge after he was accused of walking out after filling a courtesy cup with soda Thursday at the McDonald’s soda fountain and then leaving the restaurant, Mark Abaire, 52, was arrested by Collier deputies and now faces a felony theft charge, a sheriff’s report shows.

While his charge is petty theft, because of previous petty theft convictions, the charge for drinking the unpaid-for soda was increased from a misdemeanor to a felony, the arrest report shows. In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.

Abaire faces additional misdemeanor counts of trespassing and disorderly intoxication. On Saturday, he remained in the Collier County jail with bond set at $6,500.

Criminal Defense
If you have ever been charged with a crime involving theft, you are going to need a criminal defense lawyer because the defense strategy for theft crimes can be complicated. Grand theft is a felony charge that will follow for the rest of your life.

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]]>Andrew StineMon, 23 Apr 2012 16:31:55 GMThttp://www.andrewdstine.com/blog-78/489-how-petty-theft-can-turn-into-grand-theft.aspxMarijuana Grow House Found in St. Lucie Homehttp://www.andrewdstine.com/blog-78/488-marijuana-grow-house-found-in-st-lucie-home.aspxMarijuana grow houses are becoming extremely popular in the state of Florida. Marijuana grow houses can be anything from garages, to abandoned trailers, to old houses and sheds. These structures are fortified to facilitate the growth of Marijuana and preparation for sale and distribution. If you have been charged with growing Marijuana, you may face a mandatory minimum prison sentence of three years and a felony criminal record.

Marijuana Grow House in St. Lucie County
A 54-year-old man was arrested Wednesday after St. Lucie County Sheriff's Office investigators found about 200 marijuana plants at a "grow house" in northern St. Lucie County, according to an article in WPTV News. David Paul Sullivan was arrested on felony charges including cultivation of marijuana and trafficking in marijuana, and a misdemeanor charge of possession of drug paraphernalia after sheriff's investigators searched a home.

According to the article, Sullivan admitted he'd been growing marijuana for about three years, saying the entire pot farming operation was his. Sheriff's officials stated about 2 pounds of harvested marijuana were recovered, and the plants weighed about 23 pounds. Some plants were 3 to 4 feet tall while others were smaller.

Sullivan said he began growing pot when he injured his back and that he sells marijuana to pay bills.

The North Boulevard home's three bedrooms were re-modeled to farm pot, according to the Sheriff's Office. Special lighting hung over the plants, and reflective material covered the walls to intensify the lighting effects. Fans blew carbon dioxide gas over the plants, and filtered water was pumped into the plastic containers holding the plants.

Sullivan was held Thursday in the St. Lucie County Jail in lieu of $83,250 bail, a jail official said.

Marijuana Grow House
If you have ever been charged with operating a marijuana grow house, you will need the specialized assistance from a criminal defense lawyer immediately. This kind of offense is not taken lightly and you will be facing serious consequences so employing the help of a criminal defense lawyer is imperative to your case.

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]]>Andrew StineFri, 20 Apr 2012 04:21:21 GMThttp://www.andrewdstine.com/blog-78/488-marijuana-grow-house-found-in-st-lucie-home.aspxJury Called in for Questioning in Goodman DUI Manslaughter Casehttp://www.andrewdstine.com/blog-78/487-jury-called-in-for-questioning-in-goodman-dui-manslaughter-case.aspxThe Judge residing over the Goodman vehicular manslaughter case may be calling in the jury for questioning. The circuit judge Jeffrey Colbath held a hearing Tuesday after Goodman's attorneys filed a notice of intent to interview jurors of possible misconduct. Goodman was found guilty of DUI manslaughter and vehicular homicide in March after slamming into Scott Wilson's vehicle and sending it careening into a canal where Wilson, still strapped into the driver seat, drowned.

John Goodman DUI Manslaughter
In March, John Goodman, founder of the International Polo Club Palm Beach, was found guilty of DUI Manslaughter and Vehicular Homicide. Goodman crashed his Bentley into Wilson’s Hyundai and sent it into a nearby canal in Wellington, Fla., in February 2010. Wilson, a 23-year-old engineering graduate, was still strapped into the driver’s seat and drowned.

The polo tycoon claims his car “malfunctioned” and lurched forward. He denied being drunk at the time of the crash that killed Wilson, although other testimony has contradicted him. His blood alcohol level was more than twice the legal limit (over 0.17) THREE hours after the crash. Goodman said he “wandered into a nearby building” after the crash because he was dazed. According to his side of the story, he found a bottle of liquor there and proceeded to drink to “relieve the pain” from the crash.

Jury Called in for Questioning
According to WPTV News, the possible misconduct concerns were spelled out in a 77-page document and defense attorneys say they came from a fellow juror. Goodman's attorneys say that juror said members of the jury panel, throughout the trial, disobeyed instructions from the judge and talked about the case when they were not supposed to.

The state and defense are in agreement that the jurors should be questioned.

"At this point they are allegations and some of you (reporters) are saying you talked to the jurors and they say that it is baseless. We're dealing with human beings and I don't know why anyone would say these things. I don't know, maybe they were taken out of context, I have no idea what was going on in any eight of the jurors heads. They are all human beings and they all act on whatever they are doing," said prosecutor Sherri Collins according to WPTV News.

Judge Colbath plans to research case law and could make a ruling by the end of the week.

"I know that the case law tolerates some juror, misconduct might be too strong a word in this setting but, but uh, it will tolerate a lot of the jurors conduct, and... you have to cross a pretty bright line before verdicts get set aside and new trials are granted. And so I want to get a firmer understanding of where that line is to be drawn and then set about the task of figuring out, do these allegations fall on one side of that line or the other," said judge Colbath according to WPTV News.

If the judge decides the jurors will be questioned, they will likely be quizzed one at a time. Goodman is set to be sentenced on April 30th.

DUI Manslaughter and Vehicular Homicide
DUI Manslaughter is an extremely serious charge. A person convicted of DUI Manslaughter and leaving the scene is a first degree felony with a maximum of a $10,000 fine and 30 years imprisonment. Vehicular Homicide is an additional crime with the same subset of sentencing.

Please do not choose to drink and drive. However, if you have been charged with a DUI, contact an experienced DUI criminal defense attorney in Palm Beach County immediately.

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]]>Andrew StineWed, 18 Apr 2012 13:21:43 GMThttp://www.andrewdstine.com/blog-78/487-jury-called-in-for-questioning-in-goodman-dui-manslaughter-case.aspxFirst Arrest for Synthetic Marijuana in Floridahttp://www.andrewdstine.com/blog-78/486-first-arrest-for-synthetic-marijuana-in-florida.aspxFor the first time since the rise of the popular "alternative" to marijuana - synthetic pot, an arrest has been made of a man accused of distributing the substance. The Drug Enforcement Agency (DEA) has dramatically shifted the movement against synthetic marijuana that has been freely available at gas stations and head shops throughout Florida. Florida legislators have been itching to act against the widely available psychoactive substance and now, this arrest in Palm Beach County marks the first ever federal charge for distributing a now controlled substance.

Synthetic Marijuana in South Florida
Forms of synthetic marijuana have been widely available in gas stations and head shops throughout South Florida, with popular names like "Spice," "K2," and "Mr. Nice Guy." According to an article in WPTV News, an investigation was launched in January into a potential South Florida distributor located in the Boca Raton area. Joel Howard Lester, 52, is now sitting in Palm Beach County jail accused of distributing $300 worth of "Mr. Nice Guy," that was found to have a compound on the banned list that serves as a regulation against synthetic marijuana. 

According to the article, Lester is going to need some serious help from his criminal defense lawyer because he is a Canadian national who is in the United States illegally on an expired visa, and he has several aliases and passports, according to a magistrate's court order that Lester be held without bond.court records indicate he is trying to negotiate a plea deal.

Criminal Defense
If you are a gas station owner or a head shop owner, it is imperative that you get in contact with a criminal defense lawyer because law enforcement is cracking down on the distribution of synthetic marijuana. A criminal defense lawyer can help you prepare a solid defense strategy because the issues with synthetic marijuana are so new and law enforcement are scrambling to enforce the new laws.

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]]>Andrew StineMon, 16 Apr 2012 16:09:22 GMThttp://www.andrewdstine.com/blog-78/486-first-arrest-for-synthetic-marijuana-in-florida.aspx'Cookie Monster' Arrested and Released for Violating Probationhttp://www.andrewdstine.com/blog-78/485-cookie-monster-arrested-and-released-for-violating-probation.aspxProbation is a sentence ordered by a judge that allows a convicted criminal to live in society under the strict supervision or regulation by a probation officer. Probation does allow someone to resume somewhat of a normal life but the restrictions are often up to the judge or the probation officer. In this case, the 'Cookie Monster,' Stefanie Woods, was arrested for violating her probation because she failed to turn in a gas receipt, show up for a meeting with a probation officer and failed to be at her designated locations at the time allotted. The prosecuting attorney argued fervently that this convicted felon, with a long history of crime, should not be allowed back into society.

Cookie Monster Crime 
Stefanie Woods' history is peppered with serious crimes and arrests. She is most widely known for stealing $168 from Girl Scout Gracie Smith back in 2008. She was also arrested in 2009 for armed robbery and kidnapping. While these charges are extremely serious, Woods has been on probation and has enrolled in Broward College, maintains a 3.57 GPA, and is a "model probationer," as her attorney had said to a judge Thursday, according to WPTV News.

According to the article, the prosecuting attorney was unimpressed by Woods' attempt to turn her life around. He stated "The 22-year-old should be held in jail without bond until her trial because of a past that shows her poor character."

Woods has been released on a $10,000 bond. It will be interesting to see how her criminal defense lawyer handles the rest of the case, as he is attempting to have the violation of probation charge dismissed, with a handful of evidence on his side.

Violation of Probation
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. If you have violated your probation (whether substantive or technical), you are going to need the expertise and skill of an experienced criminal defense lawyer.

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]]>Andrew StineFri, 13 Apr 2012 13:53:00 GMThttp://www.andrewdstine.com/blog-78/485-cookie-monster-arrested-and-released-for-violating-probation.aspxSt. Lucie County Commissioner Arrested for Grand Thefthttp://www.andrewdstine.com/blog-78/484-st-lucie-county-commissioner-arrested-for-grand-theft.aspxSt. Lucie County Commissioner Chris Dzadovsky has been arrested on grand theft charges. He posted a $2,500 bond Monday and is potentially facing time in prison if convicted. Grand theft is actually quite a common crime. Whether the act of theft is determined to be grand theft or petty theft determines on the value of the property or money stolen. If the money or value of the property stolen is greater than $300, it is considered grand theft with a mandatory minimum prison sentence of three years or more.

St. Lucie County Theft
According to an article in WPTV News, St. Lucie County Commissioner Christ Dzadovsky was arrested on grand theft charges that do not relate to his position as commissioner. He posted a $2,500 bond Monday after allegedly turning himself in to authorities. He has been accused of stealing a swimming pool heater. 

According to the arrest affidavit, Dzadovsky admitted to taking the heater back in February from his ex-fiancee's Fort Pierce home on South 10th Street. But the District 1 commissioner and board chairman said the incident is really just a big misunderstanding, according to WPTV News. Police say Dzadovsky lived in the home with his ex-fiancee, until the relationship ended in 2006. She died last year. Now, the home is up for sale.

According to the affidavit, Dzadovsky told detectives the reason he removed the heater was to fix a leak. But detectives say a pool expert checked the recovered heater and found no leaks. Dzadovsky said he will continue to serve on the county commission, according to WPTV News.

Dzadovsky will only be removed if Gov. Rick Scott chooses to remove him, which is unlikely because the charges are unrelated to his position as commissioner.

Criminal Defense
Grand theft can cost you time in prison and heavy fines as well as paying restitution. Many theft charges can be resolved through a diversion program called pre-trial intervention. If you want to take responsibility for the theft charge, an experienced criminal defense lawyer can take the money you would otherwise pay us and use it instead to pay restitution, fine, and court costs. Contact a criminal defense lawyer immediately.

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]]>Andrew StineWed, 11 Apr 2012 14:33:01 GMThttp://www.andrewdstine.com/blog-78/484-st-lucie-county-commissioner-arrested-for-grand-theft.aspxIs Hoarding Considered Animal Cruelty?http://www.andrewdstine.com/blog-78/483-is-hoarding-considered-animal-cruelty.aspxFlorida animal cruelty laws state very specifically that anyone who deprives necessary sustenance or shelter or treats any animal in a cruel or inhumane manner is guilty of a first-degree misdemeanor. So how does animal hoarding fit into this description? Charging an animal hoarder with animal cruelty can be tricky because people have the right to live the way they want. The issue is proving that the hoarder's living conditions is a direct threat to the health or life of the animal(s) in question. Several cases have been surfacing recently after the show "Confessions: Animal Hoarding" on Animal Planet has gained the attention of the populous.

Florida Animal Cruelty Laws
According to Statute 828.12: A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable by time in prison, by a fine of not more than $5,000, or both.

Animal Hoarding in Palm Beach County
Several cases of animal hoarding have been surfacing lately in Palm Beach County. According to WPTV News, Animal Care and Control crews spent two weeks removing nearly 50 cats living in a home in Sherwood Lakes.

The article states:
The manicured lawn and a back yard opening onto a lake belied the stacks of garbage bags and stench of urine inside the Sherwood Lakes home. Scores of cats scaled the trash heaps in what investigators are calling the biggest recent case of animal hoarding in Palm Beach County.
The townhome owner's living conditions were realized when she was hospitalized due to medical problems and she asked authorities to look after them. Authorities found two dead cats and 45 alive. Animal Care and Control Capt. David Walesky said the home's conditions were "very, very deplorable," according to the article and that it may be the worst hoarding case every seen in Palm Beach County.

Animal Care and Control is receiving more calls about hoarding as more people learn about the problem.

Animal Cruelty Defense
While animal hoarding is not in itself a crime, it is a mental condition that makes the hoarder believe he or she is not doing anything wrong and is in total control of the situation. The only way animal hoarding can be charged as animal cruelty is if the health or life of the animals is being threatened by the neglect of the owner, or the conditions the owner chooses to have the animals live in. If you have been charged with animal cruelty, contact a criminal defense lawyer today.

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]]>Andrew StineMon, 09 Apr 2012 16:32:00 GMThttp://www.andrewdstine.com/blog-78/483-is-hoarding-considered-animal-cruelty.aspxDivision in the Stand Your Ground Law Forum in Fort Lauderdalehttp://www.andrewdstine.com/blog-78/482-division-in-the-stand-your-ground-law-forum-in-fort-lauderdale.aspxSenator Chris Smith, D-Fort Lauderdale,invited members of the public to an open forum Wednesday to discuss their opinions and issues over the Stand Your Ground Law. The Stand Your Ground Law justifies a person in using deadly force when there is a reasonable belief of imminent threat. It is the main point of defense for shooter Zimmerman in the case of Trayvon Martin's death on Feb. 23 - a case rivaling the media attention of Casey Anthony. The forum was a direct response to Gov. Rick Scott's hesitance to form the task force he promised after the shooting.

Division in the Crowd
Over 100 members of the general public attended the forum in Fort Lauderdale highlighting a clear division in the public opinion over the law and whether it should be repealed or whether it should stand. The Palm Beach Post reported that there is even division within law enforcement over the law.

The Palm Beach Post reported a statement by Arthur Jacobs, general counsel for the Prosecuting Attorneys Association (an organization that represents all 20 state attorneys in Florida). The Post said that the organization recently voted unanimously that the law should be repealed. The argument is that because self-defense was already a right before the Stand Your Ground Law was passed in 2005, there really is no need for the law. He also claimed that the law is consistently being invoked as criminal defense in inappropriate circumstances, such as gang members shooting rivals and using the law as a scapegoat.

According to the article, Palm Beach County Public Defender Carey Haughwout, a member of the legal panel, stated that she believed the law should not be repealed, but that it may not apply to the shooting of Trayvon Martin. She said:

"If Mr Zimmerman was the aggressor, I hope he can be and will be prosecuted."

Stand Your Ground Defense
It is important to note that even though many members of the public and law enforcement believe it is possibly an inappropriate defense strategy in the Zimmerman-Martin Case, the law still stands and is being used as a viable defense in many cases. If you have been accused of aggravated assault, but you believed you were in immediate danger of being killed or severely harmed, there is room for using the Stand Your Ground defense. Because this is becoming a controversial issue due to the media attention in the Martin Case, you are going to need a skilled and experienced criminal defense lawyer to present this particular defense strategy. Contact a knowledgeable criminal defense lawyer immediately after your arrest.

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]]>Andrew StineFri, 06 Apr 2012 17:15:42 GMThttp://www.andrewdstine.com/blog-78/482-division-in-the-stand-your-ground-law-forum-in-fort-lauderdale.aspxPalm Beach County Cop Arrested for Stalkinghttp://www.andrewdstine.com/blog-78/481-palm-beach-county-cop-arrested-for-stalking.aspxStalking is not a crime often reported in news headlines but in this case, it caught the attention of reporters because the accused is a Palm Beach County Sheriff's Deputy. The accusations are that the officer used his law enforcement resources to aggressively stalk his ex-girlfriend. Crimes like these are disappointing for any South Florida resident to stomach because our community expects security and a sense of honor and duty from our local law enforcement. Seeing police officers abuse their power and their resources to manipulate other people causes a lack of faith in the justice system put in place to protect our community.

PBC Police Officer Arrest
Palm Beach County Sheriff's deputy Patrick Joseph Burt, 31, was ordered to be held at the Palm Beach County Jail on a $5,000 bond and is facing stalking charges. He will be needing the strength and skills of a criminal defense lawyer to be able to keep his job after the dust settles on this case.

According to Florida Statute 784.048, Stalking is considered to be the act of willfully, maliciously, and repeatedly following, harassing, or cyberstalking, another person. It is a misdemeanor of the first degree, punishable by up to 1 year in jail, and a maximum of a $1,000 fine.

According to an article in WPTV News, the detective heading the investigation found that Burt used his marked patrol car to enter the woman's gated community in suburban Boca Raton in November. Also, a mechanic found a GPS device attached to the undercarriage of the woman's car on Feb. 19. Further, the woman reported that on Feb. 14, she found eight signs posted around her job that labeled her current boyfriend a "home wrecker and a cheater." There were also yellow-colored flyers posted on the building and elevator that named the woman's current boyfriend a "cheater who pursued another person's fiancé," according to WPTV News.

Burt has admitted to putting the GPS on his ex-girlfriend's car and to posting the flyers and signs. The day the signs were posted in Boca Raton, Burt was being paid to patrol Wellington.

Burt has also been accused of abusing his law enforcement resources by using the Florida Driver and Vehicle Information Database to search the names of the woman's family members and her current boyfriend.

Stalking Criminal Defense
Stalking is a crime very difficult to defend. If you have been arrested and charged with stalking, it is imperative that you contact a criminal defense lawyer immediately. The nature of this crime makes the court process long and difficult. Only an experienced criminal defense lawyer will investigate your side of the story to make sure you are fairly represented in court. If convicted, you could be facing an average of 1 year in prison and a $1,000 fine in addition to court fees and other expenses.

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]]>Andrew StineWed, 04 Apr 2012 15:31:44 GMThttp://www.andrewdstine.com/blog-78/481-palm-beach-county-cop-arrested-for-stalking.aspxBSO Shoot Unarmed Black Male Without Causehttp://www.andrewdstine.com/blog-78/480-bso-shoot-unarmed-black-male-without-cause.aspxNo, this story is not about Trayvon Martin. However, with all the media attention, publicity, and rallies surrounding the Trayvon Martin shooting, other similar cases are garnering a little more attention than they normally would have. In Pompano Beach, an unarmed black male was napping in a vehicle when he was shot multiple times by Broward Sheriff's deputies - one of which was a star on the reality TV show "Police Women of Broward County." It an open investigation and although the story is still unclear, at the end of the day, an unarmed black male was shot by a police officer, giving the case some room in the media spotlight.

Shooting in Broward County
According to an article in WPTV News, Brandon Johnson, 21, says he was napping in a car when Broward sheriff's deputies shot him multiple times on March 8.

A complaint affidavit says Detective Ron Miller and Detective Andrea Penoyer Tianga, a "Police Women of Broward County" reality TV show star, were patrolling Pompano Beach in an unmarked Chevrolet Tahoe when they observed a "suspicious vehicle" backed into a parking space on Northeast 29th Street. They observed "a black male in the driver's seat," "attempting to duck down in an effort not to be seen," the report states. Miller pulled the SUV in front of Johnson's car "to initiate a stop" and turned on police lights. The detectives, in tactical gear as part of a Metro Broward Drug Task Force sweep, approached from the driver's side of Johnson's car, the report states.

The deputies said they fired after the vehicle accelerated in an aggressive manner toward them, according to WPTV News. Johnson said the officers never ordered him out of the car. After he was shot in the mouth he tried to drive away when shots continued firing, according to the article.

Johnson has a record that includes three convictions for cocaine possession, twice with intent to sell or distribute. As a juvenile, he resisted arrest with violence. He served about 18 months in jail, Assistant Public Defender Joanna Nagy said, and on March 24, he was charged by BSO with cocaine possession. Johnson was released on bond and said the drugs belonged to a friend.

Regardless of his past, Johnson and his parents say, he does not carry weapons and the circumstances surrounding his shooting did not warrant such firepower. BSO prohibits deputies from firing warning shots or intentionally placing themselves in the path of an oncoming vehicle. Deputies must make every attempt to move from a vehicle's path, rather than discharge a firearm at it and also cannot fire at a moving vehicle, unless the occupant is using deadly force, or shooting is needed to prevent death or serious bodily harm to a deputy or another person.

Johnson will be arraigned April 17 for the March 8 incident. If convicted, he could face 35 years in prison.

Criminal Defense
Being accused of any type of crime can be difficult, especially when both parties involved have completely different sides of the story. If you contact an experienced criminal defense lawyer, he will be able to investigate your case and skillfully articulate your side of the story to make sure your voice is heard. When it comes down to your word against the word of a law enforcement officer, you will be hard pressed to make a good case for yourself. Have a criminal defense lawyer take that kind of pressure off of your shoulders and help you through the legal process.

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]]>Andrew StineMon, 02 Apr 2012 16:40:24 GMThttp://www.andrewdstine.com/blog-78/480-bso-shoot-unarmed-black-male-without-cause.aspxAnimal Cruelty in Fort Piercehttp://www.andrewdstine.com/blog-78/479-animal-cruelty-in-fort-pierce.aspxAnimal cruelty laws in Florida are getting stricter. More and more animal sanctuary owner-operators are being charged with multiple counts of animal cruelty throughout Florida as law enforcement attempts to crack down on the crime. Animal cruelty is the deliberate harm or death of an animal cause by the intentional abuse or neglect of its owner or caregiver. Depending on the severity of the crime, animal cruelty can be charged as a felony with penalties including several years in prison.

Animal Cruelty in Fort Pierce
A former owner-operator of the Sanctuary Animal Refuge west of Fort Pierce is feeling the full extent of the law after being arrested Thursday and charged with 157 counts of animal cruelty.  While this number is incredibly high, anyone can understand why her sentence is so severe after reading the report by WPTV News.

According to WPTV News, Palena Rae Dorsey was initially booked into the St. Lucie County Jail in February on first-degree grand theft charges. She is accused of using $262,000 from a trust intended for the care of the animals at the shelter to buy a home, two vehicles, electronics and several items from the Home Shopping Club and QVC, according to the St. Lucie County Sheriff's Office.

An additional 103 third-degree felony and 54 misdemeanor animal cruelty charges were added Thursday morning. On April 18, 2011, deputies responded to the Sanctuary Animal Shelter after being notified of possible animal abuse by animal control.

"Animals were found to be malnourished, had little to no vet care and were infected with numerous diseases including heart worms, hair loss, open and unhealed sores, dehydration, mange, diarrhea, flea infestation, bad teeth, root exposure and extreme weight loss," Mascara said in a release. According to the sheriff's office, 16 dogs were unable to recover their condition and had to be euthanized.

Each of Dorsey's 103 felony charges is punishable by five years in state prison. If convicted on these charges alone, that would add up to a maximum of more than 500 years in prison.

Animal Cruelty Defense
No matter how severe your charges, if you have been accused of animal cruelty, you need to speak with a criminal defense lawyer immediately. It is critical to the outcome of your case that you have a criminal defense lawyer investigate the situation in order to best represent you in court. Have an experienced criminal defense lawyer help you deal with your animal cruelty charges as soon as possible.

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]]>Andrew StineFri, 30 Mar 2012 11:48:00 GMThttp://www.andrewdstine.com/blog-78/479-animal-cruelty-in-fort-pierce.aspxInvestigator in Trayvon Martin Case Wanted Zimmerman Arrested at the Scenehttp://www.andrewdstine.com/blog-78/478-investigator-in-trayvon-martin-case-wanted-zimmerman-arrested-at-the-scene.aspxThe shooting of Trayvon Martin has been floodlighted with media attention with rallies happening in cities from coast to coast and Martin's parents appearing at Capitol Hill. There has been much controversy and debate over the case where experts are questioning the defense of "self-defense," or the stand your ground law. At the end of the day however, an unarmed 17-year-old boy was shot dead by the neighborhood watch crime captain. The debate over the case is likely to escalate as tension increases and supporters demand the arrest of George Zimmerman.

What is 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...” The Stand Your Ground Law is there to justify the use of force or a firearm if there is a reasonable fear of imminent danger. In order for Zimmerman to use this as a defense, he needs to prove that he immediately believed he was in danger of being harmed.

However, even some law enforcement officers don't believe his recount of the events that occurred.

According to ABC News, the lead homicide investigator in the shooting recommended that Zimmerman be charged with manslaughter the night of the shooting, multiple sources told ABC News. However, Sanford, Fla., Investigator Chris Serino was instructed to not press charges against Zimmerman because the state attorney's office headed by Norman Wolfinger determined there wasn't enough evidence to lead to a conviction, according to ABC News.

Police brought Zimmerman into the station for questioning for a few hours on the night of the shooting, said Zimmerman's attorney, despite his request for medical attention first. Ultimately they had to accept Zimmerman's claim of self defense. He was never charged with a crime.

Serino filed an affidavit on Feb. 26, the night that Martin was shot and killed by Zimmerman, that stated he was unconvinced Zimmerman's version of events.

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]]>Andrew StineWed, 28 Mar 2012 15:53:44 GMThttp://www.andrewdstine.com/blog-78/478-investigator-in-trayvon-martin-case-wanted-zimmerman-arrested-at-the-scene.aspxFirst Arrest for Sex Trafficking in Key Westhttp://www.andrewdstine.com/blog-78/477-first-arrest-for-sex-trafficking-in-key-west.aspxAccording to the Florida Coalition Against Human Trafficking, Florida has been identified as a hub for this abhorrent illegal activity. Florida has been cited as having the one of the highest rates of human trafficking activity in the country. According to the FCAHT website, there are approximately 27 million people in the world enslaved by the human trafficking trade. About 2.5 million of those people live here in the United States. While Florida has a very high rate of trafficking activity, Key West has not been on the radar. Now, a Key West man has been arrested for sex trafficking, putting Key West in the spotlight.

Sex Trafficking in Key West
Key West brings a huge influx of tourism and vacationers to Florida throughout the year. With constant activity and being highlighted as dream vacation spot, it is difficult to comprehend how this amazing group of islands may also have a dark side. Authorities in the Florida Keys say they've charged a man with sex trafficking, making it the first such arrest in Monroe County.

Sheriff's Office spokeswoman Becky Herrin says Derrick Wilson of Key West was arrested Saturday for allegedly coercing a North Carolina woman into having sex for money. Herrin says the woman told detectives she came to the Keys in February with her boyfriend. Wilson allegedly offered the woman a place to stay, drugs, and work at a strip club, all in exchange for money she earned from sexual encounters he arranged for her. Herrin says Wilson threatened to beat the woman if she didn't make money for him.

Human trafficking charges can be punished by life imprisonment.

Human Trafficking Hotline
If you suspect a human trafficking case, call the Human Trafficking Resource Hotline at 1-888-3737-888. You can report potential human trafficking cases using this phone number and you can also ask for information about any local organization you can join to help stop the epidemic of sex trafficking.

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]]>Andrew StineMon, 26 Mar 2012 16:27:00 GMThttp://www.andrewdstine.com/blog-78/477-first-arrest-for-sex-trafficking-in-key-west.aspxAnother Doctor Arrested for Trafficking Oxycodonehttp://www.andrewdstine.com/blog-78/476-another-doctor-arrested-for-trafficking-oxycodone.aspxSouth Florida is known as the pain-pill capital of the country for a reason. With hundreds of pain clinics flourishing throughout St. Lucie County, Broward County, and Palm Beach County, addicts and doctor-shoppers will drive from states as far as Ohio to reap the benefits of pill mills and dispensing doctors. Police who track operations say that even though many pain clinics operate legally, people can often be seen driving from clinic to clinic procuring hundreds of pills at a time. Even though Florida legislation has attempted to regulate the doctor shopping epidemic, doctors continue to supply drug addicts and dealers with pills.

St. Lucie County Oxycodone Trafficking
St. Lucie County police arrested yet another doctor Thursday night on several charges including prescribing practitioner fraud and trafficking oxycodone and hydrocodone, according to an article in WPTV News.

Dr. Greg Hayes, 50, is charged with nine counts of prescribing practitioner fraud, three counts of trafficking oxycodone four to 14 grams, one count of trafficking oxycodone 14-28 grams, four counts of trafficking oxycodone 28 grams or more and one count of trafficking hydrocodone over 28 grams. His wife, Kristen Hayes, 27, is charged with nine counts of obtaining or attempting to obtain a controlled substance by fraud, two counts of trafficking oxycodone four to 14 grams, two counts of trafficking oxycodone 14 to 28 grams, four counts of trafficking oxycodone 28 grams or more and one count of trafficking hydrocodone over 28 grams, according to WPTV News.

Bond for the couple is set at $270,000 each.

Why Pill Mills will Never Go Away
Even though the Florida legislation is trying to regulate the process of obtaining prescriptions for oxycodone and other prescription drugs, it will always be an uphill battle because there are so many legitimate patients that need these drugs to alleviate moderate to severe pain. Also, the nature of pain clinics as a proliferating business is hard to track because an individual does not have to be a licensed practitioner (one can even be a convicted felon) to open up a clinic. They can open and shut down very quickly, only to reopen in another location. Several pain clinics have legitimate and legal operations but the illegal, low rent operations are harder to track down and prosecute before they change location.

Oxycodone Trafficking Defense
As you can see with Dr. Hayes, when you are charged with trafficking oxycodone, you are likely to have several counts of the same charge as well as residual charges like fraud. It is imperative that you contact a criminal defense lawyer immediately after being arrested and accused of these charges. Oxycodone is a very serious pain medication and the charges are extremely severe. A criminal defense lawyer will provide you with professional representation to make sure your side of the story is heard in court. With the high correlation of overdose deaths and pain clinics in operation, it is sure to be a long and difficult process if you have been charged with trafficking prescription pills. Make sure you have a criminal defense lawyer on your team.

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]]>Andrew StineFri, 23 Mar 2012 16:30:00 GMThttp://www.andrewdstine.com/blog-78/476-another-doctor-arrested-for-trafficking-oxycodone.aspxAggravated Assault is Often Alcohol Inducedhttp://www.andrewdstine.com/blog-78/474-aggravated-assault-is-often-alcohol-induced.aspxMore often than not, domestic disputes and aggravated assault cases between family members involve alcohol abuse. Abusing your alcohol tolerance can lead to several poor decisions, even decisions that can land you in jail. Even if you have consumed only one drink of alcohol, your judgment is already impaired even if it seems clear as day at the time, according to Florida Traffic School. Even one drink affects your biological processes enough that it can cause you to make poor decisions you could regret, including harming people you care about.

Alcohol Induced Aggravated Assault in St. Lucie County
Joseph Warren Hill, 54, was arrested Monday and charged with aggravated assault with a deadly weapon, a felony. Hill picked up his son and his son's girlfriend to give them a ride home. The girlfriend believed Hill was drunk after he began getting "vulgar and verbally abusive," according to an article in WPTV News.

Hill asked his son's girlfriend for gas money when they got home, and she told her boyfriend to give Hill $3 for fuel, but he refused. The girlfriend said Hill and his son argued, with Hill getting a gun from the truck. The girlfriend said she called 911 and Hill drove off in the truck.

Investigators went to Hill's home in the 200 block of Euclid Street. Hill said all his guns were in storage in Titusville, but a deputy found a loaded .25 caliber pistol hidden in a KFC chicken bucket in the bedroom.

Hill said he's afraid of his son and feared for his life. He denied pulling a gun from his truck. He said he's been in "armed security" for about 17 years and was afraid of being beaten up by his son.

Aggravated Assault with a Deadly Weapon
Aggravated assault itself is a serious crime. When a deadly weapon is used, or even pointed at someone, the prison time and fines increase dramatically. If you have been arrested and accused of aggravated assault with a deadly weapon, you are going to need the serious and skilled assets a criminal defense lawyer can provide. It is important to have your side of the story represented by a professional in any case. Contact a criminal defense lawyer today.

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]]>Andrew StineWed, 21 Mar 2012 16:17:21 GMThttp://www.andrewdstine.com/blog-78/474-aggravated-assault-is-often-alcohol-induced.aspxAre Your Tax Dollars Paying for Oxycodone Prescriptions in Pill Mills?http://www.andrewdstine.com/blog-78/473-are-your-tax-dollars-paying-for-oxycodone-prescriptions-in-pill-mills.aspxDid you know that Medicaid paid for more than 49 million doses of oxycodone pills over two years? The Palm Beach Post conducted an analysis of 1.7 million Florida prescription records but astoundingly, only 1.36 million adults are enrolled in Medicaid. There are no doubts that doctors in pill mills are continuing to peddle pills to addicts and drug dealers even as the state of Florida wars with the flow of prescription drug trafficking. The in-depth analysis breaks down the amount of prescriptions paid for by Medicaid in relation to the famous pill mill busts in 2010 and 2011.

Oxycodone Trafficking in Florida
The Palm Beach Post conducted an analysis on the flow of oxycodone throughout the state of Florida and where the funding for drug continues to come from - tax dollars. Records show that mid-level prescription oxycodone was one of the most frequently prescribed medications in the past two years. Taxpayers supposedly paid for more than 1 million doses of oxycodone working in pill mills. According to the article, Medicaid paid more than $27 million for oxycodone pills in 2010 and 2011. Many of the prescriptions were filled and paid for at known or suspected pill mills.

Oxycodone is causing chaos within state legislation as it is the state's leading cause of prescription drug deaths. 102,000 of these doses link directly to the George brothers of wellington, who were charged with racketeering, money laundering, and even first-degree murder for an overdose death. Almost 260,000 doses were written by Dr. Joseph Hernandez of Lake City, Fla., and Medicaid paid about $200,000 for the pills he prescribed in a two year span. After 34 overdose deaths (out of the almost 800 patients treated), Hernandez was charged with trafficking and his license to practice was suspended.

It is amazing to see that the pill dubbed to be one of the leading causes of overdose deaths in the state of Florida is getting a huge percentage of its funding from Florida taxpayers. Loved ones of those who have died due to the highly-addictive narcotic will be in an outrage after seeing this analysis.

Drug Trafficking Criminal Defense
Florida law enforcement has legitimately declared oxycodone as the no. 1 enemy on the list. If you have been charged with prescription drug trafficking, you are in for a very long haul. A criminal defense lawyer will be able to investigate your case and ensure you a fair trial. However with legislation cracking down on the flow of oxycodone, it is going to be a very difficult process with extremely severe consequences, so it is imperative that you contact a criminal defense lawyer immediately after you are arrested.

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]]>Andrew StineMon, 19 Mar 2012 16:07:00 GMThttp://www.andrewdstine.com/blog-78/473-are-your-tax-dollars-paying-for-oxycodone-prescriptions-in-pill-mills.aspxCommunity Outrage Over Arrest of Autistic Boyhttp://www.andrewdstine.com/blog-78/472-community-outrage-over-arrest-of-autistic-boy.aspxMany times, when an arrest occurs and hits the media, the community has the ability to influence the outcome of the case. When community members believe that the arrest was wrongfully conducted, people band together online or even in public in an attempt to rectify the situation. In this case, a 12-year-old boy was arrested for shoplifting. The catch is that the boy has been diagnosed with Asperger's syndrome, a highly-functioning level of autism. The mother of the child used Facebook to garner support from the community of people who understand the difficulty of raising a child with autism.

Wrongful Arrest in Boynton Beach
According to an article in WPTV News, Boynton Beach police this week arrested a boy with autism on shoplifting charges. A Spencer Gifts store employee called police Sunday after stopping the 12-year-old boy leaving with a $2.95 card. The manager originally wanted to press shoplifting charges against her son who suffers from Asperger's syndrome, which can cause forgetfulness and distraction. The main issue at hand here is that her son may have forgotten he was holding the card when he left the store.

Jacqui Feldman, 48, the mother of the child, turned to Facebook for help. After several news media inquiries and a total outcry from a support group on a Facebook page for Single Mothers Who Have Children With Autism., store managers told authorities they no longer would press charges against the boy. One member of the Facebook group said an autism community would help Feldman pay the criminal defense lawyer she hired.

The police officer told Feldman he would not handcuff the boy, but that her son later would need to go to court and possibly into a juvenile offender's program. The boy was barred from returning to the Spencer Gifts store for a year.

The article discussed how a lack of knowledge of Aperger's syndrome could be a key player in the wrongful arrest. People expect those who suffer from the disorder to act like everyone else because they do not appear obviously handicapped.

Wrongful Arrest Defense
Have you or any of your loved ones been wrongfully accused and arrested? Have you been accused of committing a crime you didn't commit? Unfortunately, this scenario happens more often than one would think but thankfully a strong and experienced criminal defense lawyer can bring you justice. Being convicted of a crime you didn't commit could be your worst nightmare, contact a skilled criminal defense lawyer immediately if you find yourself in this situation.

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]]>Andrew StineFri, 16 Mar 2012 10:20:00 GMThttp://www.andrewdstine.com/blog-78/472-community-outrage-over-arrest-of-autistic-boy.aspxHow Common is Robbery in South Florida?http://www.andrewdstine.com/blog-78/471-how-common-is-robbery-in-south-florida.aspxSurprisingly, robbery has one of the lowest index of crimes that occur in South Florida in comparison to violent crimes like aggravated assault, and property crimes like theft and burglary. It may be a sign of the times however because the rate of robbery in South Florida is increasing since the year 2010. Robbery is a crime that unfortunately happens every day no matter what county you are in. Just today in WPTV News, there were two separate stories on robbery. One occurred at a Papa John's, the other at a Burger King.

Robbery in South Florida
According to WPTV News, a Papa John's was the recent victim of a robbery and authorities are still looking for the perpetrator. A man walked into the store, grabbed a pizza costume, put it on, and walked out. Another article discusses how a man lingering outside of a Burger King in Fort Lauderdale at 6:30 a.m. jumped onto a customer's vehicle and dove through the drive through window to steal cash from the register. The cashier managed to grab the robber and hold him down until others could help. Authorities arrived shortly and apprehended the man.

These types of crimes happen so often it is certainly keeping every South Florida criminal defense lawyer busy. If you have been accused of robbery, whether it is strong-armed robbery or not, you could be facing serious consequences. According to Florida Statute 812.13, Robbery is defined as:

"The taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear."

If a deadly weapon was used, the robbery is a first-degree felony punishable by up to life in prison.

Robbery Criminal Defense
Being convicted of robbery is something you simply cannot afford. In addition to a severe prison sentence there are an immense amount of fees and fines you will have to pay as well. Only a South Florida criminal defense lawyer can help you in this situation. If you have been arrested, make sure you call a lawyer immediately.

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]]>Andrew StineWed, 14 Mar 2012 16:37:44 GMThttp://www.andrewdstine.com/blog-78/471-how-common-is-robbery-in-south-florida.aspxNeed a DUI Lawyer?http://www.andrewdstine.com/blog-78/470-need-a-dui-lawyer.aspxA DUI conviction is  something you cannot afford. In addition to restricting your driving privileges for 6 months to a year for a first offense, a DUI conviction will haunt you for the rest of your life on your criminal record. Landlords, employers, and anyone else performing a background check on you will see your DUI conviction. Being convicted of a DUI can completely hinder the way you life your life. A criminal defense lawyer is the best resource to have if you have been arrested for drinking and driving. There are many defenses against a DUI charge and only an experienced DUI lawyer can put them into motion effectively.

Driving Under the Influence Laws
It is critical to understand the law and the potential consequences you will be facing if you are convicted of a DUI. A criminal defense lawyer can further explain the potential consequences specific to your case. For most first offenses, your driver's license will be suspended from 6 months to 1 year. You could be facing fines anywhere from $250 - $1,000. If your blood-alcohol level (BAL) was over .20% or you had a passenger in the vehicle under the age of 18, the potential fines increase dramatically. You will also be facing jail time of up to 6 months (9 months if your BAL was over .20% or an underage passenger was in the vehicle.

Finding a Lawyer
Finding the right DUI lawyer for your case can be difficult because there are so many options out there. If you have been arrested and charged with a DUI, an experienced criminal defense lawyer can help you get a hardship license so your driving privileges are not completely revoked. It is important to find a lawyer who's expertise lies in DUI cases. For example, Andrew D. Stine understands the inconsistencies of the breathalyzer tests used here in Florida, which can be a viable defense. Make sure you find the right lawyer for you, someone who can actually help you pull through this situation with the least amount of damage.

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]]>Andrew StineMon, 12 Mar 2012 16:03:00 GMThttp://www.andrewdstine.com/blog-78/470-need-a-dui-lawyer.aspxAssistant City Attorney Fired After Drinking and Driving Incidenthttp://www.andrewdstine.com/blog-78/469-assistant-city-attorney-fired-after-drinking-and-driving-incident.aspxIn February, there was a significant incident involving the Assistant City Attorney Gabrielle Taylor and the city of Port St. Lucie that resulted in the termination of her career. On February 24th, I had posted about Taylor and how she had completely avoided a field sobriety test and a breathalyzer test after being pulled over on suspicions of drinking and driving. Instead of performing these tests which potentially could lead to an arrest, the officer on duty actually gave the attorney a ride home. The actions taken by law enforcement has caused an series of arguments and questions directed at city officials.

Drinking and Driving in Port St. Lucie
According to an article in WPTV News, Mayor JoAnn Faiella confirmed Thursday that Assistant City Attorney Gabrielle Taylor has been fired after her alcohol-related incident in February. Despite the announcement, City Council is moving forward with a meeting to question city and police officials regarding Taylor's suspicious traffic stop.

According to the article, Taylor, 45, was stopped by Officer N. Lovechio after she was seen speeding at 60 mph and swerving eastbound on Port St. Lucie Boulevard and northbound on U.S. 1, according to a memo written by the officer. It states Lovechio could smell the odor of alcohol as he approached Taylor's car, and when he recognized the assistant city attorney, he noticed her speech was slurred and her eyes bloodshot.

Although the memo states Lovechio believed Taylor was impaired due to alcohol, she was not given a field sobriety test nor was she cited or arrested. Instead, a police officer drove her home.

Orr has been publicly criticized by some residents for hiring Taylor despite her work history, which shows she left two previous jobs after alcohol-related incidents, according to public documents and newspaper reports. In 2005, she first resigned as general counsel for the Sarasota County Sheriff's Office and then was fired from the same position with Nassau County.

DUI Attorney in South Florida
A DUI conviction can result in so many serious consequences it will change your life. Starting with losing your driving privileges, and risking the inability to find certain jobs or live in certain places, it is a crime you cannot afford to be convicted of. If you have been arrested for a DUI you need to contact an experienced South Florida DUI lawyer immediately.

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]]>Andrew StineFri, 09 Mar 2012 05:15:00 GMThttp://www.andrewdstine.com/blog-78/469-assistant-city-attorney-fired-after-drinking-and-driving-incident.aspxMMA Fighter Charged with Using Hands as Deadly Weaponshttp://www.andrewdstine.com/blog-78/468-mma-fighter-charged-with-using-hands-as-deadly-weapons.aspxThere have been a few mixed martial arts fighters making headlines in recent years for breaking the law. As the sport grows in popularity, so does the amount of media attention the athletes are forced to contend with. MMA Fighter Fernando Rodrigues was recently arrested and charged with several crimes after a road rage incident where he allegedly pistol-whipped another person in addition to punching and kicking him several times and putting him into a wrestling hold. Palm Beach Post covered the details of the confrontation after the victim spoke out to the public.

Road Rage in South Florida
Anyone with experience driving in South Florida understands how difficult it can be to navigate the roads in this area. There are careless drivers a plenty, and there are also impatient and angry ones. Pool service man Juan Uribe learned the hard way that mixed martial arts fighter Fernando Rodrigues falls into the latter category. Uribe and his boss Michael Caccavella apparently did not take off on a green light fast enough for Rodrigues Monday.

According to the Palm Beach Post, Rodrigues began driving aggressively behind the men on State Road 7 in Coral Springs after they pulled out of the light. Caccavella said that when he tried to pull into another lane, Rodrigues pointed a gun and yelled obscenities. The two pool service men pulled over to call police and as Caccavella was dialing 911, Rodrigues allegedly walked up to the window and struck him in the face with a gun, then struck Uribe with the gun as well.

Caccavella said he then drew his gun and saw Rodrigues kicking and punching Uribe. The fighter then allegedly placed Uribe in a wrestling hold. Caccavella said police arrived just as he pulled his trigger, but realized there was no bullet in the chamber.

Rodrigues, 31, has served two military tours in Iraq, and has been charged with three counts of aggravated battery with a deadly weapon — his hands. He has also been charged with burglary of a structure and burglary with an assault for allegedly reaching into Caccavella's truck and striking him. He also faces two counts of aggravated assault with a firearm.

Everyone at Monday's scene was handcuffed and questioned, but only Rodrigues was arrested.

Criminal Defense
If you have been charged with aggravated assault or battery, you are looking at a crime that involves a deadly weapon (weather that be your hands, a knife, or a firearm). These charges can escalate very quickly and you could be facing serious time in prison. The only way to mitigate this situation is to call a criminal defense lawyer immediately.

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]]>Andrew StineWed, 07 Mar 2012 17:17:24 GMThttp://www.andrewdstine.com/blog-78/468-mma-fighter-charged-with-using-hands-as-deadly-weapons.aspx8 Dead, and 10 Starving Horses Found in Miami-Dade Dumping Groundhttp://www.andrewdstine.com/blog-78/467-8-dead-and-10-starving-horses-found-in-miami-dade-dumping-ground.aspxAnimal cruelty is extremely sad and unfortunate, but at the same time it is very common, especially in South Florida counties like Miami-Dade county and Palm Beach County. Animal cruelty is a crime that is also difficult to detect because it is an ongoing process that often stays within the confines of the defendant’s home and unless law enforcement gets a tip from a suspicious neighbor, the animal continues to be a helpless victim and may even die. 18 horses and a severely injured dog were found in Miami-Dade County Sunday in deplorable condition and close to death.

Animal Cruelty in Miami-Dade County
According to an article in WPTV News, The South Florida Society of the Prevention of Cruelty to Animals got a tip about potentially abandoned horses. When the SPCA went to investigate, about 18 horses, of which 7 or 8 were dead, and a dog riddled with puncture wounds and unable to move, were found Sunday in Southwest Miami-Dade County.

The property was about 15 acres along Southwest 205th Avenue between 136th and 154th streets. The dead horses appeared to have died from dehydration and starvation, the rest were emaciated. The building appeared to have been a dumping ground for horses, or a pre-slaughter holding area. The building was near several illegal-slaughtering houses.

According to the article, investigators found what looked like animal fighting rings, complete with bleachers for viewers.

According to the article, investigators are currently trying to find out who owns the land.

Animal Cruelty Defense
Animal cruelty to this extent is an extremely serious crime. If you have been accused of animal cruelty, you are going to need highly skilled representation from a criminal defense lawyer. 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. Lawyer Andrew Stine won a test Florida case that established if a person is charged with animal neglect of a group of animals (such as 100 dogs or 25 horses), the person can only be charged with one crime.

If you have been charged with animal cruelty, contact criminal defense lawyer Andrew D. Stine today.

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]]>Andrew StineMon, 05 Mar 2012 17:41:37 GMThttp://www.andrewdstine.com/blog-78/467-8-dead-and-10-starving-horses-found-in-miami-dade-dumping-ground.aspxSchool Teachers and Sex Crimeshttp://www.andrewdstine.com/blog-78/466-school-teachers-and-sex-crimes.aspxIt seems that almost once a week, one Florida teacher or another is headlining news reports after being arrested for some sex crime against a child. Only recently, it was a teacher in Palm Beach County, this week it is an elementary school teacher in Mango, Fla. Sex crimes against children are extremely serious and have even more serious consequences. These crimes often involve a heavy investigation and no room for mercy for the defendants. If you have been accused of committing a sex crime against a minor, seek the guidance of a criminal defense lawyer immediately.

Why Teachers Have Sex with Their Students
In an effort to understand why there are so many teachers being featured in news articles for having had sexual relationships with their students, I conducted some research to find out what drives teachers to commit sex crimes that could result in years in prison.

According to an article in Business Insider, female teachers may have sex with their male students for several reasons including love, loneliness, lust, or as a reaction to having been sexually abused as a child themselves. The article gives a few case examples for each of these intrinsic motivations but it all boils down to one thing: emotional unbalance. These teachers who are choosing to involve themselves sexually with students who are 20 or more years younger than them (and minors no less), are willing to risk being convicted of a felony to fulfill some emotional emptiness caused by an event from their past. The article also discusses why society is almost making these relationships more acceptable, regardless of the law, because of cultural shifts we are experiencing.

Sex Crimes Against Children in South Florida
Parents are growing more and more concerned with this epidemic of teachers having sex with students, and law enforcement is wondering exactly what sort of regulations to increase to prevent this from happening. Should we increase the qualifications required in order to become a teacher? Should we require psychological evaluations? Teachers have an obligation to society to guide and help shape younger generations into quality citizens, it is disheartening to see people we entrust our children to committing crimes against minors.

Criminal Defense
If you have been accused of committing a sex crime against a minor, it is imperative that you get help from a criminal defense lawyer immediately. Being convicted of this crime can result in extremely serious consequences including time in prison or even having to register as a sex offender. Contact a criminal defense lawyer immediately to begin planning a defense strategy for your case.

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]]>Andrew StineFri, 02 Mar 2012 15:29:34 GMThttp://www.andrewdstine.com/blog-78/466-school-teachers-and-sex-crimes.aspxMortgage Fraud a Growing Problem in South Floridahttp://www.andrewdstine.com/blog-78/465-mortgage-fraud-a-growing-problem-in-south-florida.aspxMortgage fraud is becoming a growing problem in South Florida. Law enforcement is cracking down and conducting thorough investigations around home buying. With today's economic climate, people are more likely to commit mortgage fraud than ever. Unfortunately, innocent people get swept up in these fraudulent schemes without even realizing it. If you have been accused of committing mortgage fraud and you had no intention to do so, contact a criminal defense lawyer and you could even get your case dismissed.

Palm Beach County Mortgage Fraud
According to an article in the Palm Beach Post, four Palm Beach County residents and one Port Saint Lucie man were charged last week in a mortgage fraud scheme federal investigators said involved $8 million in loan proceeds and 17 homes. If they are convicted, the defendants are facing a maximum sentence of 30 years in prison.

According to a complaint filed in United States District Court, Southern District of Florida, between November 2006 and November 2007, two of the defendants had found 17 homes in Florida and Tennessee for which they sought financing above the actual sales price quoted by the seller. The defendants also involved family members and friends to act as straw buyers for the homes, a corrupt attorney as the closing agent, and a corrupt banker who sent falsified deposit verifications to lenders.

Mortgage Fraud
Mortgage fraud can often be a crime that involves several different crimes also committed in the scheme. Mortgage fraud cases can also result in residual charges of wire fraud and money laundering. This can be a result of:
  • Overestimating income
  • Overvaluing homes
  • Making false appraisals
  • Making false statements on a mortgage application or HUD statement
  • Engaging in mortgage and real estate schemes
Mortgage Fraud Criminal Defense
If you have been accused of committing mortgage fraud and you did not intend to commit fraud in any way, contact a criminal defense lawyer who will aggressively fight this case for you. A lawyer like Andrew D. Stine will review bank statements, mortgage applications, and other documents pertinent to your case. In addition, there will be a review of the sale and buying history of the house to determine if fraudulent practices occurred before you purchased it. If you are an innocent player in a larger mortgage fraud scheme, a strong criminal defense lawyer can have the case dismissed.

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]]>Andrew StineWed, 29 Feb 2012 15:42:03 GMThttp://www.andrewdstine.com/blog-78/465-mortgage-fraud-a-growing-problem-in-south-florida.aspxCan You Be Forced to Decrypt Your Computer?http://www.andrewdstine.com/blog-78/464-can-you-be-forced-to-decrypt-your-computer.aspxAccording to an article posted on CNet, a federal judge in Colorado ruled in January that American citizens can be ordered to decrypt their hard drives to allow police room for more thorough investigations when acting on search warrants for cases that involves things like wire fraud or child pornography. This ruling could truly set precedents in terms of privacy and is encouraging people to argue the Fifth Amendment.

The Fifth Amendment in Question
According to the article, Judge Robert Blackburn ordered a Colorado woman accused of being involved in a mortgage scam to decrypt the hard drive of a laptop computer. She was charged with bank fraud, wire fraud, and money laundering in an attempt to falsify court documents to illegally gain titles to homes near Colorado Springs. Blackburn, ruled that the Fifth Amendment (an amendment that states no one should be compelled in any criminal case to be a witness against himself) does not provide protection from his order.

Blackburn wrote: “I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer.”

This is not the first time this issue has been addressed. In 2010, a federal judge in Michigan stated that a man accused of receiving child pornography did not have to relinquish his password in an effort to protect his invocation of his Fifth Amendment privilege. Clearly, these recent events will set a precedent in how legislation interprets Fifth Amendment protection when it comes to encrypted data.

The key to this entire situation is what exactly a password amounts to. Many of the arguments are saying that PGP passphrases are similar to a person holding the key to a safe containing incriminating documents. In this case, a person can be legally compelled to hand over the key. However, the Fifth Amendment shields a person from “compelled testimonial communications,” which protects a person from admitting encryption passwords.

Criminal Defense
If you have been accused of fraud (including wire fraud), and have questions about what documents or files you are required to hand over to the court, contact a criminal defense lawyer immediately.

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]]>Andrew StineMon, 27 Feb 2012 05:11:49 GMThttp://www.andrewdstine.com/blog-78/464-can-you-be-forced-to-decrypt-your-computer.aspxAssistant City Attorney Avoids Potential DUI Arresthttp://www.andrewdstine.com/blog-78/463-assistant-city-attorney-avoids-potential-dui-arrest.aspxIt is not illegal to drink and drive in the state of Florida. As long as your blood alcohol level (BAC) is below a .08 and your normal faculties are not impaired, you are not breaking the law if you get behind the wheel. However, even if you meet these requirements you could still be pulled over. A Port St. Lucie assistant city attorney was recently in this situation but was driven home by the police officer. Her blood alcohol level was not measured, nor was she asked to perform a field sobriety test.

Driving While “Borderline” Intoxicated
According to an article in WPTV News, Police Chief Brian Reuther stopped Assistant City Attorney Gabrielle Taylor around 2:30 a.m. Saturday, and said it appeared “she had difficulty driving.” The police chief admits she may have been drinking. A police spokesman said officers did smell alcohol.

A field sobriety test nor breathalyzer test was performed and the police officers involved simply drove Taylor home. Later, Reuther said that the assistant city attorney was upset over a friend having a limb amputated and it could have contributed to her difficulty driving.

Reuther said there is no report about the incident and that routine traffic stops that do not result in an arrest or citation generally are not documented in a report. The city attorney was informed of the incident but is still looking into the issue, according to WPTV News.

What Does This Mean For You?
Again it is not illegal to operate a motor vehicle if you have been drinking and your normal faculties are unimpaired. As long as your blood alcohol level is lower than a .08, there is no reason for an arrest or citation based on consuming alcohol.

If you have been arrested for a DUI, you need to contact an experienced criminal defense lawyer immediately. A lawyer can help you get through the legal process as smoothly as possible and will have the resources necessary to make sure you don’t receive any unintended consequences. For example, if you do not request a DMV hearing within 10 days of your arrest, you will lose your driver’s license. A knowledgeable criminal defense lawyer can help you protect your right to drive as long as you contact him immediately after you have been arrested.

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]]>Andrew StineFri, 24 Feb 2012 14:57:23 GMThttp://www.andrewdstine.com/blog-78/463-assistant-city-attorney-avoids-potential-dui-arrest.aspxDrug 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.

Distributed by Viestly

]]>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.

Distributed by Viestly

]]>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.aspx