criminal defensehttp://www.andrewdstine.com/blog-78/tag-14-criminal-defense.aspxblog west palm beach criminal defense lawyersupport@vestadigital.com (Andrew D. Stine, P.A. - Florida Criminal Defence Attorney)support@viestly.com (Vesta Digital)Tue, 22 May 2012 22:30:27 GMTTue, 22 May 2012 22:30:27 GMTViestly60Goodman 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.

Distributed by Viestly

]]>Andrew StineFri, 11 May 2012 14:17:54 GMThttp://www.andrewdstine.com/blog-78/497-goodman-may-be-released-after-appealing-conviction.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.

Distributed by Viestly

]]>Andrew StineWed, 02 May 2012 11:52:00 GMThttp://www.andrewdstine.com/blog-78/493-grandparents-in-sarasota-charged-with-child-endangerment.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.

Distributed by Viestly

]]>Andrew StineMon, 23 Apr 2012 16:31:55 GMThttp://www.andrewdstine.com/blog-78/489-how-petty-theft-can-turn-into-grand-theft.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.

Distributed by Viestly

]]>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.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.

Distributed by Viestly

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

Aggravated Assault

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


Aggravated Assault Criminal Defense

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

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]]>Andrew StineMon, 19 Sep 2011 15:26:00 GMThttp://www.andrewdstine.com/blog-78/396-what-is-stabbing-in-criminal-law.aspxUpdate: Pill Mill Brothers Face a Judgehttp://www.andrewdstine.com/blog-78/386-update-pill-mill-brothers-face-a-judge.aspxThe pill mill brothers, Chris and Jeff George, were indicted in October of last year on federal weapons charges. The two were indicted and arrested along with several doctors working for them in their pain clinics after amassing millions from their pain clinics. The brothers were living a lavish lifestyle while the doctors they employed supplied prescription pills to drug traffickers and dealers pouring in from Kentucky, Ohio, and South Carolina.

Prescription Pill Trafficking and Weapons Charges

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

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

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

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

Criminal Defense

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

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]]>Andrew StineFri, 26 Aug 2011 13:50:42 GMThttp://www.andrewdstine.com/blog-78/386-update-pill-mill-brothers-face-a-judge.aspxIs Carjacking a Felony?http://www.andrewdstine.com/blog-78/381-is-carjacking-a-felony.aspxCarjacking is a serious crime in the state of Florida. Recent carjacking numbers have increased along with the new "bump and rob" type of robbery. Carjacking is a first degree felony and is defined as the forcible or violent taking of a motor vehicle from the owner with the intent of either permanently or temporarily depriving the owner of the said motor vehicle. While it is serious, it is unfortunately very common in South Florida.

Carjacking in Riviera Beach

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

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

Carjacking Criminal Defense

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

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]]>Andrew StineMon, 15 Aug 2011 14:38:08 GMThttp://www.andrewdstine.com/blog-78/381-is-carjacking-a-felony.aspxWhat is the Sentence for Child Abuse?http://www.andrewdstine.com/blog-78/378-what-is-the-sentence-for-child-abuse.aspxCrimes committed against children are a heinous but unfortunately realistic part of our society. A lot of times, when a parent is arrested on child abuse charges, it is not the first time that parent has been investigated by the Department of Children and Families. Investigations are usually conducted after a teacher, neighbor, or family member reports suspicion to the authorities.

Child Abuse in the Name of Discipline

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

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

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

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

Child Abuse and the Law

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

Child Abuse Criminal Defense

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

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]]>Andrew StineMon, 08 Aug 2011 14:02:58 GMThttp://www.andrewdstine.com/blog-78/378-what-is-the-sentence-for-child-abuse.aspxHow Are the New Animal Cruelty Laws Affecting You?http://www.andrewdstine.com/blog-78/376-how-are-the-new-animal-cruelty-laws-affecting-you.aspxThe new tethering laws for animals have a lot of surprised people being visited by Animal Care and Control serving warnings. The new law prohibits people from leaving pets outside tied up without supervision. Neighbors are calling in at a much higher rate to report people who tie up their animals. The only problem is, many animals are not being mistreated but the owners are still receiving visits and warnings from Animal Care and Control.

Not Animal Cruelty

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

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

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

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

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

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

Animal Cruelty Criminal Defense

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

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

Drug Possession and Paraphernalia in Long Key

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

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

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

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

Drug Possession and Paraphernalia Criminal Defense

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

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

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

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

Florida’s Drug Crimes

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

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

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

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

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

Criminal Defense

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

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

Domestic Battery in Greenacres

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

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

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

Domestic Battery Criminal Defense

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

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]]>Andrew StineWed, 27 Jul 2011 15:19:25 GMThttp://www.andrewdstine.com/blog-78/373-what-to-do-if-you-have-been-charged-with-domestic-battery.aspxIs a DUI a Misdemeanor or a Felony?http://www.andrewdstine.com/blog-78/370-is-a-dui-a-misdemeanor-or-a-felony.aspxBeing charged with a DUI will change your life. Whether it is a misdemeanor DUI or a felony DUI, the conviction will appear on your criminal record and will reflect badly on your character when you apply for a job, try to rent or buy a place to live, or in just about anything where a background check may be involved. If you speak with a criminal defense lawyer, you may be able to work to get the conviction expunged from your criminal record.

Is a DUI a Felony or Misdemeanor?

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

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

DUI Manslaughter

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

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

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

DUI Criminal Defense

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

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

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

If convicted, Britto is facing life in prison.

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

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

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

Drug Trafficking Criminal Defense

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

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

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]]>Andrew StineWed, 20 Jul 2011 15:06:42 GMThttp://www.andrewdstine.com/blog-78/369-update-officer-of-the-year-pleads-not-guilty-to-drug-charges.aspxWhat Will Happen if I'm Convicted for a Sex Crime Against a Minor?http://www.andrewdstine.com/blog-78/367-what-will-happen-if-im-convicted-for-a-sex-crime-against-a-minor.aspxCrimes against children are the most aggressively prosecuted within the justice system. One crime against children that is considered the most severe is attempting to entice a minor to engage in sexual activity through the use of a computer – especially if the perpetrator is a registered sex offender.

Convicted Again as a Registered Sex Offender

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

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

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

Levinson was immediately taken into custody.

Life as a Criminal Sex Offender

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

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

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]]>Andrew StineFri, 15 Jul 2011 15:10:20 GMThttp://www.andrewdstine.com/blog-78/367-what-will-happen-if-im-convicted-for-a-sex-crime-against-a-minor.aspxWhat can I do if I'm Facing Child Neglect Charges?http://www.andrewdstine.com/blog-78/365-what-can-i-do-if-im-facing-child-neglect-charges.aspxAn 18-month-old’s future is in the hands of the law now after his father was arrested Saturday on child neglect charges. The case was so severe that an emergency hearing has been scheduled for today to determine who will receive custody of the child. It is highly unlikely that the father will be able to have the child in his care ever again.

The following is an article from WPTV News Channel 5:

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

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

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

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

Child Neglect and Abuse in Florida

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

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

Child Abuse and Neglect Criminal Defense

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

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]]>Andrew StineMon, 11 Jul 2011 13:46:02 GMThttp://www.andrewdstine.com/blog-78/365-what-can-i-do-if-im-facing-child-neglect-charges.aspxDefense Attorney Andrew D. Stine Comments on Casey Anthony Casehttp://www.andrewdstine.com/blog-78/363-defense-attorney-andrew-d-stine-comments-on-casey-anthony-case.aspxAccording to the Palm Beach Post, some local defense attorneys expressed their opinions on the Casey Anthony murder trial on Monday, July 4.

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

Local Attorney Opinions

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

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

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

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

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

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

More to Come in the Casey Anthony Murder Trial?

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

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

Grand Theft Auto

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

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

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

Robbery Defense

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

Have a fun and safe holiday.

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

DUI Conviction Overturned

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

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

Can a Judge Overrule a Jury Verdict?

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

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

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

Criminal Defense

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

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]]>Andrew StineFri, 01 Jul 2011 14:04:24 GMThttp://www.andrewdstine.com/blog-78/361-can-a-judge-overturn-a-jury-verdict.aspxHow Serious is Grand Theft of an Elderly Person?http://www.andrewdstine.com/blog-78/360-how-serious-is-grand-theft-of-an-elderly-person.aspxHave you ever wondered what type of felony it is to steal from an elderly person? Because of their age, it is a very sensitive crime and depending on the amount, can be a first, second ,or third degree felony. According to an article in the Palm Beach Post, two women employed by the state have been caught taking advantage of an elderly woman and stealing from her while she was hospitalized for dementia.

Grand Theft of an Elderly Person

The women were adult protective investigators with the Florida Department of Children and Families. They were assigned to protect 85-year-old Jane Janssen and instead stole about $20,000 from her bank accounts.

Palm Beach Police conducted an investigation and arrested the women, Mindi Marie Berry, 33, and her DCF supervisor, Greta Laverne Lambert, 41. A third woman was arrested as well, a member of an escort service hired to cash stolen checks.

An agency spokesman said Berry and Lambert were fired in November after DCF learned of the police investigation.

The women face charges of organizing a scheme to defraud, grand theft from an elderly person, credit card fraud and identity theft.

Grand Theft of an Elderly Person and the Law

An elderly person is considered anyone over the age of 65. A person is charged with grand theft of an elderly person if he or she is accused of stealing more than $1,000 from a person over 65. Anyone convicted of such a crime must pay restitution and participate in up to 500 hours of community service in addition to any other sentencing as decided by the judge. Grand theft of an elderly person is a first degree felony if the defendant was aware that the victim was older than 65 and the stolen property amounted to more than $50,000. (Between $10,000 and $50,000 is a second degree felony).

Grand Theft Criminal Defense

Taking advantage of elderly or disabled people is not a crime that is taken lightly in the eyes of the law. Unfortunately it is not all that uncommon either. If you have been charged with grand theft of an elderly person, you need someone to defend you right a way. Contact a criminal defense lawyer so you can at least have a chance at a sentence of just paying restitution and completing community service. 

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]]>Andrew StineWed, 29 Jun 2011 15:07:22 GMThttp://www.andrewdstine.com/blog-78/360-how-serious-is-grand-theft-of-an-elderly-person.aspxHow Problematic is Day Care Fraud in Palm Beach Countyhttp://www.andrewdstine.com/blog-78/357-how-problematic-is-day-care-fraud-in-palm-beach-county.aspxDay care fraud is not a crime commonly talked about. It is the act of lying about your current salary in order to receive government assistance to send your child to day care. Even though it is not a crime that commonly makes headlines, it is still a problem in Palm Beach County.

Day Care Fraud

According to WPTV News, last year, 16 Palm Beach County parents were forced to pay back nearly $70,000 in stolen money.

In one recent case a mother of three admitted she lied about her salary, submitting a dozen bogus employment letters so she could rake in more than $40,000 in day care subsidy cash.

In another recent case, a mother failed to mention she worked for the government when she used the government to cash in on more than $15,000 in child care assistance.

Day care fraud is a problem in Palm Beach County with no easy solutions.

"At what point do you punish the child for the actions of the parent?" asked Warren Eldridge, Executive Director of the Early Learning Coalition of Palm Beach County.

Parents found guilty of stealing public day care money often get a slap on the wrist. Parents forced to pay back restitution can still apply for future government assistance.

Suspected cases of day care fraud eventually make their way to state investigators but with limited resources within the Florida Department of Financial Services, only a few ever get results.

Fraud Criminal Defense

If you have ever been accused of fraud, you already have a good idea of how difficult the court process is. It is difficult to defend yourself for stealing money because there are always reasons and special circumstances that drive you to take the actions you take. A criminal defense lawyer understands how difficult it is to defend fraudulent activities. Only a criminal defense lawyer can help you in this case. Depending on the amount of defrauded money, paying restitution could give you the chance to have your charges dropped and walk away with a slap on the wrist.

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]]>Andrew StineWed, 22 Jun 2011 13:50:22 GMThttp://www.andrewdstine.com/blog-78/357-how-problematic-is-day-care-fraud-in-palm-beach-county.aspxWhy it's Dangerous to be a Pain Clinic Doctor in Palm Beach Countyhttp://www.andrewdstine.com/blog-78/356-why-its-dangerous-to-be-a-pain-clinic-doctor-in-palm-beach-county.aspxThere have been three pain clinic raids in the last 10 days in Palm Beach County. According to an article in WPTV news, Palm Beach County Police have been sweeping the county and cracking down on unregistered pain clinics and digging up more information on clinics that seem to be participating in suspicious activities. If you are a doctor or an owner of a pain clinic, tread with caution as you are now in the spot light of Palm Beach County Police.

Pain Clinics Under Scrutiny

According to the article, a Boca Raton doctor is behind bars, accused of handing out pain medications. Palm Beach County Sheriff Deputies raided the Southern Care Pain Management and Wellness Center in Palm Springs Friday. This is the third raid of a suspected pain clinic in Palm Beach County in 10 days. An undercover operation put Doctor Marvin Reich in jail, for allegedly writing fake prescriptions for oxycodone and other narcotics.

Deputies loaded boxes of medical and financial files into the back of a box truck. Detectives say the clinic is not registered in Florida.

"Well he (Reich) is an eye doctor, and he's in a pain clinic. There's no medical stuff inside the facility for any type of eye exams, let's put it that way," says Lt. Bruce Hannan, with the Palm Beach County Sheriff's Office.

The clinic's owner, 57-year-old Glen Smith Jr., of Lake Worth was also arrested. Both men are charged with running an unregistered pain clinic. If convicted the most time Dr. Reich or the owner could spend in prison is five or six years. Detectives say the investigation is ongoing, and more arrests may follow.

Prescription Drug Criminal Defense

While five or six years in prison may not seem like a hefty consequence, being charged with drug trafficking or prescription drug trafficking can rack up serious consequences. With the help of a criminal defense lawyer, you might be able to lower your fines and the amount of time you'll spend in prison if you have been charged with drug trafficking. Doctors especially need the help of a criminal defense lawyer because they run the risk of losing their licenses.

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]]>Andrew StineMon, 20 Jun 2011 11:53:03 GMThttp://www.andrewdstine.com/blog-78/356-why-its-dangerous-to-be-a-pain-clinic-doctor-in-palm-beach-county.aspxHow Even Your Faith Can't Help You Keep Your Kids if You are Convicted of Child Neglecthttp://www.andrewdstine.com/blog-78/352-how-even-your-faith-cant-help-you-keep-your-kids-if-you-are-convicted-of-child-neglect.aspxAccording to an article in WPTV News, a Riviera Beach couple was arrested Wednesday night for child neglect, after allegedly telling police that they live life in God and don't need to work despite not having any money to feed their toddler.

Claire Justin, 28, and Neil Vilain, 41, are being held at the Palm Beach County Jail in lieu of $3,000 bond on charges of child neglect.

This morning, Palm Beach County Circuit Judge Ted S. Booras ordered they have no contact with their 3-year-old child, who was placed in the custody of her maternal grandmother by the state Department of Children and Families, police said.

When the officer spoke with Justin and Vilain, they said they believe that "the way most people live is evil," according to the report. They added that neither of them works, their condo is in foreclosure and that their electricity was turned off two days prior. They also said that despite not paying the bill, their water was still running. To survive, Justin steals a nutritional supplement from Walmart every day for the toddler, and chips and water for the couple, the report says.

"The two apparently believe that the 'normal' American lifestyle is evil and that they need to live with minimal items to survive," the deputy stated in the report. "Neil (Vilain) says he lives day-to-day and does not think about the future of the family. He says he leaves that in the hands of God."

Child Neglect Criminal Defense

There is no excuse for neglecting your child, whether it is because of your faith or your financial situation, you can always ask for help. If you have been charged with child neglect, you need to ask for help from a criminal defense lawyer. The law does not take too kindly to people who harm their children, especially if the harm comes from parents who just aren't paying attention. Have your criminal defense lawyer explain exactly what might happen to you throughout the process and you can team up and devise a defense strategy that might give you a chance to keep your child.

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]]>Andrew StineFri, 10 Jun 2011 13:10:21 GMThttp://www.andrewdstine.com/blog-78/352-how-even-your-faith-cant-help-you-keep-your-kids-if-you-are-convicted-of-child-neglect.aspxHow do Ponzi Schemes in South Florida Work?http://www.andrewdstine.com/blog-78/351-how-do-ponzi-schemes-in-south-florida-work.aspxA 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.

Ponzi Schemes in South Florida

A South Florida real estate talk show host was arrested last week and accused of creating a Ponzi scheme. Anthony F. Cutaia was accused of recruiting investors for commercial real estate projects organized by his own company in Boca Raton, CMG Property Investment Group, according to WPTV News.

The U.S. Attorney’s Office filed a complaint Friday discussing the scheme. Cutaia allegedly invested little of the investors’ money and instead used it to pay off other investors and pay personal and business expenses, according to the complaint.

This is a classic example of a Ponzi scheme where the money just ran out.

Cutaia, host of “Talk About Mortgages and Real Estate,” could be facing a maximum of 20 years in prison, and a $250,000 fine.

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 StineWed, 08 Jun 2011 13:18:55 GMThttp://www.andrewdstine.com/blog-78/351-how-do-ponzi-schemes-in-south-florida-work.aspxHow are Drug Traffickers Using the Internet and Getting Away with it?http://www.andrewdstine.com/blog-78/350-how-are-drug-traffickers-using-the-internet-and-getting-away-with-it.aspxDrug-related crime covers a significant percentage of all crime committed in South Florida. Many officials believe that the huge drug problem in our area is due to the close proximity to international ports. International ports make it much easier for drug traffickers to transport large amounts of drugs to South Florida for distribution elsewhere. However, criminals are becoming more creative with their distribution methods – including using the Internet.

Drug Distribution

According to an article in WPTV News, a new form of drug distribution is catching the attention of law enforcement. Two U.S. senators are asking federal authorities to crack down on a secretive narcotics market operated on the Internet with anonymous sales and untraceable currency.

Heroin, cocaine and methamphetamines are among the drugs being sold in the well-protected website apparently operating for just a few months.

Sens. Charles Schumer of New York and Joe Manchin of West Virginia say they asked the Justice Department and Drug Enforcement Administration to shut down and investigate the website, often referred to as the Silk Road after an ancient Asian trade route.

A key to the illicit trade is use of a network by buyers and sellers that conceals their identity. Websites including Gawker have reported on the site, according to the article.


Drug Crimes in South Florida

Drug related crimes are such easy money that people who never expected to get involved with drugs end up selling them. South Florida recognizes the rising statistics with drug-related crimes that the area is becoming famous for its aggressive penalties. In fact, most prosecutors don’t stop with just drug related crimes; they continue on to prosecute residual crimes that are committed due to the use of or involvement with drugs.

Drug Crime Criminal Defense

If you have been accused of or charged with any drug crimes, contact a criminal defense lawyer. Only an experienced criminal defense lawyer from South Florida understands how difficult this process may be. Have a lawyer explain your options to you and help you build a strong strategy so you can have a second chance at life.

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]]>Andrew StineMon, 06 Jun 2011 11:53:00 GMThttp://www.andrewdstine.com/blog-78/350-how-are-drug-traffickers-using-the-internet-and-getting-away-with-it.aspxHow Battery Charges can Ruin Your Lifehttp://www.andrewdstine.com/blog-78/348-how-battery-charges-can-ruin-your-life.aspxA New York man has been accused of battery against a JetBlue flight attendant. He is facing serious criminal charges, according to WPTV News. The article is included below.

The Crime

BOSTON -- A New York man has been arrested at Boston's Logan International Airport after allegedly slapping a male flight attendant on a JetBlue flight from Florida.

Massachusetts State Police say 48-year-old Bryan Garnett, of Utica, N.Y., was taken into custody Tuesday when the flight from West Palm Beach landed about 10:30 a.m.

Garnett is scheduled to be arraigned Tuesday in East Boston District Court on charges of interfering with a flight crew and assault and battery.

The Boston Globe reports that one of its reporters was on the plane. The reporter says a flight attendant asked Garnett to put his bag beneath the seat before the plane took off, but there was no obvious commotion during the flight.
According to Florida Statute 784.03 on battery, the offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other. Or it is also considered battery if a person intentionally causes bodily harm to another person. It is usually a first-degree misdemeanor unless a person has a prior conviction for battery, aggravated battery, or felony battery.

A first-degree misdemeanor can result in a mandatory prison sentence of one year.

Criminal Defense

If you have been charged with battery, you are facing serious criminal charges that will follow you for the rest of your life. If you are convicted, your criminal record will get in the way of several aspects of your life, like applying for a job, or renting a house or an apartment. Speak with a criminal defense lawyer so you have a chance of clearing your criminal record, or even avoiding conviction in the first place. At least call a criminal defense lawyer to understand exactly what consequences you may be facing due to your battery charges.

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]]>Andrew StineWed, 01 Jun 2011 11:53:26 GMThttp://www.andrewdstine.com/blog-78/348-how-battery-charges-can-ruin-your-life.aspxI'm a Convicted Felon - What Happens if I'm Charged with Possession of a Firearm?http://www.andrewdstine.com/blog-78/347-im-a-convicted-felon-what-happens-if-im-charged-with-possession-of-a-firearm.aspxAccording to an article in the Palm Beach Post, a Polk County man has been accused of poaching wildlife and was caught and arrested after boasting about it on Facebook. He is facing several charges including unlawful hunting and possession of a firearm by a convicted felon.

The Crime

For a convicted felon, he wasn’t very careful. Darin Lee Waldo, 43, unknowingly chose to exchange photographs of illegally killed game with investigators, participated in chat rooms describing his actions and even invited undercover agents to participate in two illegal hunts.

The Florida Fish and Wildlife Conservation Commission reported these violations on Friday. They say he and other suspects hid small boats and guns at Lake Marion Creek Wildlife Management Area near Haines City.

Waldo is charged with possession of a firearm by a convicted felon – a crime that could land him in prison for a mandatory sentence of 3 years. He has also been charged with armed trespass, attempting to take wild game (turkey and deer) during closed season, and several other charges.

Possession of a Firearm by a Convicted Felon Florida Statute

According to Florida Statute Section 790.23, it is illegal for anyone convicted of any felony offense to possess a firearm, ammunition, or an electronic device or weapon. It is not illegal to possess a firearm if your civil rights and firearm authority was restored by Florida law. “Possession” has varying definitions. Actual possession means the firearm was found on your person. Constructive possession means the firearm was found in your house or vehicle.

Criminal Defense

If you have been convicted of a previous felony and then have been charged with a possession of a firearm, you are facing a third degree felony punishable by up to 5 years in prison. It is especially serious if the prosecutor can prove actual possession as mentioned above (when the weapon is on your person). This can result in a mandatory sentence of 3 years.

If you have ever been charged with possession of a firearm, convicted felon or not, you need a criminal defense lawyer on your side immediately. The system does not look favorably on convicted felons and you do not want to face yet another felony charge. Have a criminal defense lawyer help you build your defense strategy and at least give you a chance of avoiding prison again.

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]]>Andrew StineMon, 30 May 2011 14:47:56 GMThttp://www.andrewdstine.com/blog-78/347-im-a-convicted-felon-what-happens-if-im-charged-with-possession-of-a-firearm.aspxWhy Marijuana Grow Houses are Easy to Findhttp://www.andrewdstine.com/blog-78/346-why-marijuana-grow-houses-are-easy-to-find.aspxAccording to an article in WPTV News, a marijuana grow house was busted on Wednesday after police accidentally stumbled upon it. Usually, grow houses are caught and found through informants, anonymous tipsters, or sting operations. This one however, the police sniffed their way into.

The Crime

According to the article, two uniformed officers patrolling the Pelican Pointe town home got a whiff of marijuana near the pool area. They followed their noses and saw Jesse Duncans, 26, smoking marijuana in the rear patio of a town house. Several plants were growing in pots on a table right next to him out in the open.

The officers promptly approached Duncans and identified themselves. He immediately bolted inside with a handful of marijuana in his hands. The police chased him fearing he would try to destroy the evidence. They apprehended him in a bedroom where more plants were found in a closet. There was no one else in the apartment.

Police seized 40 marijuana plants weighing in at 361 grams after a search warrant was granted, and arrested Duncans on charges of resisting police and cultivating marijuana. He is being held in Palm Beach County Jail on a $3,000 bond, according to the article.

Marijuana Grow House

According to Florida Statute 893.1351, a residence is considered a grow house if it houses more than 25 plants. The statute claims that only if there are more than 25 plants can it provide as evidence that the cannabis is intended for sale or distribution.

As for drug trafficking, the residence needs at least 300 marijuana plants. Usually if the plants amount to less than 25, a criminal defense lawyer could easily argue in your defense that the marijuana was intended for personal consumption.

Marijuana Grow House Criminal Defense

If you are caught growing marijuana, regardless of the amount, you need a criminal defense lawyer’s help immediately. Charges of growing marijuana usually result in a minimum prison sentence of at least three years in addition to steep fines and a felony criminal record. Talk to a criminal defense lawyer to figure out your defense strategy.

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]]>Andrew StineFri, 27 May 2011 15:45:13 GMThttp://www.andrewdstine.com/blog-78/346-why-marijuana-grow-houses-are-easy-to-find.aspxHow Aggravated Battery Charges Turned into First Degree Arson Chargeshttp://www.andrewdstine.com/blog-78/345-how-aggravated-battery-charges-turned-into-first-degree-arson-charges.aspxAccording to an article in WPTV News, a Palm Beach County man faces several felony charges for attempting to light his girlfriend on fire and stabbing her when the lighter didn’t work. He is facing charges of attempted first-degree murder, first-degree arson, and aggravated battery.

The Crime

Aggravated battery, or just battery, is the most common charge that results from domestic disputes that get out of control. Arson, however, is quite so common a result. According to the article, the woman who remained unnamed in the police report, claimed that she asked her boyfriend to move out a couple of days ago because he was not paying any bills.

A few days later the woman said she got up when she heard a noise while sleeping, saw her front door was open, and when she went to close it someone poured a chemical on her head. According to a probable cause affidavit, when she wiped what she suspected was gasoline from her eyes her boyfriend was trying to ignite a lighter. There were apparently sparks but the flame wouldn’t ignite.

In the police report she said the pair struggled and he eventually grabbed a knife and stabbed her. She got away, made a frantic call to 9-1-1, and drove herself to Wellington Regional Hospital.

Deputies later found a shirtless man who smelled like gas later identified as Michael P. Sutherland. When asked why he smelled like gas, according to the affidavit Sutherland said that he wanted to light his girlfriend on fire, but the lighter didn't work and he was going to a friend's house where he was going to hang himself.

Deputies immediately took Sutherland into custody.

Criminal Defense

If you have ever been charged with aggravated battery, you probably already understand how messy the trial process can be. Facing battery charges can result in an extremely serious sentence if you don’t have a criminal defense lawyer on your side to help defend you. A criminal defense lawyer will conduct a thorough investigation of your case with the sole purpose of building a strong defense for your benefit.

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]]>Andrew StineWed, 25 May 2011 14:37:33 GMThttp://www.andrewdstine.com/blog-78/345-how-aggravated-battery-charges-turned-into-first-degree-arson-charges.aspx