criminal attorneyhttp://www.andrewdstine.com/blog-78/tag-177-criminal-attorney.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 22:33:16 GMTTue, 22 May 2012 22:33:16 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.aspxPill Mill Kingpin Ordered to Pay Victim's Family Millionshttp://www.andrewdstine.com/blog-78/494-pill-mill-kingpin-ordered-to-pay-victims-family-millions.aspxJeff George, often discussed in previous posts as a kingpin of pill mills, has finally been ordered to pay financial restitution to the family of 24-year-old Joey Bartolucci who died from overdosing on narcotics in 2009, supplied by the pill mills operated by the George brothers. Pill mills are pain clinics that often prescribed powerful narcotics like Oxycodone without discretion. These operations are under extreme scrutiny and heavy investigation because of the rising number of Oxycodone related overdose deaths. It is simply just too easy for addicts and drug dealers to get their hands on powerful prescription drugs.

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

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

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

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

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]]>Andrew StineFri, 04 May 2012 18:35:31 GMThttp://www.andrewdstine.com/blog-78/494-pill-mill-kingpin-ordered-to-pay-victims-family-millions.aspxJury Called in for Questioning in Goodman DUI Manslaughter Casehttp://www.andrewdstine.com/blog-78/487-jury-called-in-for-questioning-in-goodman-dui-manslaughter-case.aspxThe Judge residing over the Goodman vehicular manslaughter case may be calling in the jury for questioning. The circuit judge Jeffrey Colbath held a hearing Tuesday after Goodman's attorneys filed a notice of intent to interview jurors of possible misconduct. Goodman was found guilty of DUI manslaughter and vehicular homicide in March after slamming into Scott Wilson's vehicle and sending it careening into a canal where Wilson, still strapped into the driver seat, drowned.

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

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

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

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

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

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineWed, 18 Apr 2012 13:21:43 GMThttp://www.andrewdstine.com/blog-78/487-jury-called-in-for-questioning-in-goodman-dui-manslaughter-case.aspxRobbery Law in South Floridahttp://www.andrewdstine.com/blog-78/458-robbery-law-in-south-florida.aspxBank robberies may seem like they only happen in movies but in truth, it is a crime that is unfortunately common in the South Florida area. In fact, the FBI has been recently trying to track down a man who may have committed seven robberies since this past Christmas Eve. If caught, the robber is facing a seriously long time in prison in addition to heavy fines and a drawn out court case. He will need an extremely experienced criminal defense lawyer to help him through this process because his crimes have been subject to a lot of media attention.

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

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

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

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

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]]>Andrew StineMon, 13 Feb 2012 16:36:08 GMThttp://www.andrewdstine.com/blog-78/458-robbery-law-in-south-florida.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.

Distributed by Viestly

]]>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.

Distributed by Viestly

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

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

1st Florida DUI Offense

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

1st Florida DUI Offense

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

2nd Florida DUI Offense

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

3rd Florida DUI Offense

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

4th Florida DUI Offense

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

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

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

Distributed by Viestly

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineFri, 23 Dec 2011 16:06:34 GMThttp://www.andrewdstine.com/blog-78/437-crackdown-on-counterfeit-merchandise.aspxDrunk Driving Charges in South Floridahttp://www.andrewdstine.com/blog-78/435-drunk-driving-charges-in-south-florida.aspxGetting charged with a DUI (Driving Under the Influence) is a serious offense and it could impact your life forever if you are convicted. Each year, states impose tougher DUI laws and more severe drunk driving penalties. Florida is no exception. This is what can happen to you for a first time DUI conviction in Florida:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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]]>Andrew StineMon, 12 Dec 2011 15:53:00 GMThttp://www.andrewdstine.com/blog-78/432-domestic-violence-increased-in-south-florida.aspxGetting The Right Criminal Defense Attorneyhttp://www.andrewdstine.com/blog-78/429-getting-the-right-criminal-defense-attorney.aspxWhen you or someone you know are charged with a crime, selecting the right lawyer for the case can be the hardest part of the whole ordeal. Issues of ability, price, and experience are all important. Criminal defense attorneys fight for what they believe in. If your defense attorney believes in your innocence, he or she will do the research and put forth the effort to ensure your vindication. Defense attorneys fight for the preservation and continuation of everyone’s constitutional rights.

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

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

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

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

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

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

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

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

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

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]]>Andrew StineFri, 02 Dec 2011 16:39:31 GMThttp://www.andrewdstine.com/blog-78/428-dui-charges-in-palm-beach-county.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.aspxHow are Smoke Shops Reacting to the Bong Bill?http://www.andrewdstine.com/blog-78/385-how-are-smoke-shops-reacting-to-the-bong-bill.aspxIn July of last year, the “bong bill” law was enacted causing serious disturbances among smoke shop owners (also called head shops) all across Florida. The bong bill threatened to close down several smoke shops in Florida as it deemed it illegal for stores to make less than 75 percent of their income from tobacco.

The Bong Bill

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

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

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

Criminal Defense

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

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

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]]>Andrew StineWed, 24 Aug 2011 15:22:24 GMThttp://www.andrewdstine.com/blog-78/385-how-are-smoke-shops-reacting-to-the-bong-bill.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.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.aspx