west palm beachhttp://www.andrewdstine.com/blog-78/tag-178-west-palm-beach.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 22:36:06 GMTTue, 22 May 2012 22:36:06 GMTViestly60Car Theft in West Palm is a Troubling Trendhttp://www.andrewdstine.com/blog-78/501-car-theft-in-west-palm-is-a-troubling-trend.aspxExperts have been reporting a strong decline in the number of car thefts over the past decade. This decline may be a result of new and improved security technology, better response rates on the side of law enforcement, or a variety of other reasons. However, the Palm Beach Post has recently published an article attesting that fun fact, after a near decade of declining car thefts, grand theft auto seems to be a crime on the rise yet again. More often than not, cars are stolen and used to commit other crimes, or are stripped and sold for parts.

Grand Theft
Car theft is charged as grand theft as the value of the property stolen is greater than $300. However, this is usually not the only charge involved if you have been accused of stealing a vehicle. Depending on the situation, there could be residual charges such as assault, aggravated assault, robbery, and many others that are involved when grand theft of a motor vehicle is in question. If you have been accused of motor vehicle grand theft, be sure to contact a criminal defense lawyer as soon as possible.

Vehicle Thefts Rise
According to the Palm Beach Post, From Palm Beach Gardens to Wellington to Boca Raton, there was a slight increase in the number of vehicle thefts last year. While the rise was a mere 0.9 percent, it marks the first time in nearly a decade that more vehicles were reported stolen in the county than the year before, the state statistics show.

Area law enforcement officials caution that it's too soon to determine whether the one-year rise reflects an emerging trend. They acknowledge, however, that some specific incidents have been troubling.

Vehicles are being targeted for a variety of reasons, officials say. Sometimes the thefts are crimes of opportunity. In addition, stolen vehicles are useful in the commission of other crimes - the most popular of which lately are ATM thefts, according to the Post. 

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]]>Andrew StineMon, 21 May 2012 11:43:05 GMThttp://www.andrewdstine.com/blog-78/501-car-theft-in-west-palm-is-a-troubling-trend.aspxBurgerFi Chain Involved in Embezzlement Lawsuithttp://www.andrewdstine.com/blog-78/492-burgerfi-chain-involved-in-embezzlement-lawsuit.aspxThe popular BurgerFi chain has been blossoming throughout South Florida. Many residents in the area have nothing but positive remarks when it comes to the chain. The restaurant also boasts its humane and natural meat, which is becoming a must-have in reputable burger restaurants. However, the chain is falling under some scrutiny as the current partners of the BurgerFi business entity are filing several lawsuits against David Mainiero after he abruptly split from the company earlier this year, without giving a reason why.

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

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

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

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

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

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

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

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

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]]>Andrew StineMon, 30 Apr 2012 12:56:20 GMThttp://www.andrewdstine.com/blog-78/492-burgerfi-chain-involved-in-embezzlement-lawsuit.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.aspxWhat is the Difference Between Assault, Battery, and Domestic Violence?http://www.andrewdstine.com/blog-78/461-what-is-the-difference-between-assault-battery-and-domestic-violence.aspxIn the state of Florida, Florida’s Assault and Battery Law supplements domestic violence law. The difference is significant however because even though assault and battery are very specific in the crimes they cover, domestic violence is a specialized form of both in that the penalties are even more severe and the consequences are much more serious.

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

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

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

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

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

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

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

Domestic Violence
According to Florida law, domestic violence means any assault or battery, aggravated assault or battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

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

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

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]]>Andrew StineMon, 20 Feb 2012 15:20:59 GMThttp://www.andrewdstine.com/blog-78/461-what-is-the-difference-between-assault-battery-and-domestic-violence.aspxSex Offenders Moving In Causes Eviction for Other Residentshttp://www.andrewdstine.com/blog-78/459-sex-offenders-moving-in-causes-eviction-for-other-residents.aspxWhen a person is convicted of a sex crime, after serving the sentence in prison, the defendant must register as a sex offender immediately after release. Sex offender registration is a public record. Anyone who requests this information as access to it including potential employers, landowners, fellow residents, or even school officials. Being a registered sex offender severely limits one's freedom and ability to make independent choices. While this can be difficult for the offender, what happens to those people who co-exist in the communities with sex offenders?

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

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

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

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

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

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]]>Andrew StineWed, 15 Feb 2012 13:52:45 GMThttp://www.andrewdstine.com/blog-78/459-sex-offenders-moving-in-causes-eviction-for-other-residents.aspxIllegal Weapons Deal in Pompano Beach Turns Deadlyhttp://www.andrewdstine.com/blog-78/443-illegal-weapons-deal-in-pompano-beach-turns-deadly.aspxUndercover police officers put their lives on the line to catch crimes in the act. Law enforcement use police officers to pose as buyers for drugs, weapons, and several other illegal activities. While these methods are often successful, the possibility of entrapment can be an issue. In Pompano Beach, a gun deal involving an undercover deputy went wrong, resulting in the death of the gun dealer.

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

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

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

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

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

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

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

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

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]]>Andrew StineWed, 11 Jan 2012 17:21:40 GMThttp://www.andrewdstine.com/blog-78/443-illegal-weapons-deal-in-pompano-beach-turns-deadly.aspxHow Pain Clinics in South Florida have been Skirting New Lawshttp://www.andrewdstine.com/blog-78/391-how-pain-clinics-in-south-florida-have-been-skirting-new-laws.aspxA consistent headline in the news is how pain clinics are a growing problem. South Florida is considered to be the hotspot for pain clinics and by proxy, prescription drug trafficking. Doctors at pain clinics have an underhanded reputation for handing out prescriptions like they’re candy for highly addictive drugs like Oxycodone. As law enforcement continues to crack down on drug traffickers disguised as pain clinics, drug traffickers continue to find loopholes around the law.

Pain Clinic Central in South Florida

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

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

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

New Pain Clinic Law

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

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

Criminal Defense

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

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]]>Andrew StineWed, 07 Sep 2011 15:48:58 GMThttp://www.andrewdstine.com/blog-78/391-how-pain-clinics-in-south-florida-have-been-skirting-new-laws.aspxCan Too Much Tylenol PM Lead to Child Neglect Charges?http://www.andrewdstine.com/blog-78/382-can-too-much-tylenol-pm-lead-to-child-neglect-charges.aspxAccording to state child protective service agencies, more than 1 million children are victims of child abuse and neglect each year. More often than not, child abuse and neglect is not reported to the system because the victims’ suffering goes unreported. Abuse and neglect can happen in any home and often can happen without the parents realizing it.

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

Child Neglect in West Palm Beach

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

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

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

Child Neglect Criminal Defense

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

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]]>Andrew StineWed, 17 Aug 2011 15:01:30 GMThttp://www.andrewdstine.com/blog-78/382-can-too-much-tylenol-pm-lead-to-child-neglect-charges.aspxShould Doctors at Pain Clinics be Worried?http://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.aspxLaw enforcement officers in South Florida are cracking down on pain clinics. The FDLE and DEA are very concerned with the amount of prescription pain pills that are being illegally peddled through pain clinics. The doctors of several pain clinics have been arrested and charged with drug trafficking. There is usually a residual charge of fraud as well. A criminal defense lawyer can explain the whole process if you have been charged with drug trafficking.

Pill Mill in West Palm Beach

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

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

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

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

Prescription Drug Trafficking Defense

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

Distributed by Viestly

]]>Andrew StineFri, 05 Aug 2011 13:58:33 GMThttp://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.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.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.aspxHow Common are Burglaries and Robberies in South Florida?http://www.andrewdstine.com/blog-78/368-how-common-are-burglaries-and-robberies-in-south-florida.aspxIn 2009, there were 30,911 reported robberies. That number continues to increase. Out of every state in the country, Florida ranks the 5th highest for the robbery rate as of 2009, according to The Disaster Center. There is generally a new robbery every day locally in West Palm Beach covered in the news.

Robbery in St. Lucie County

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

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

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

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

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

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

Burglary and Robbery Criminal Defense

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

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

Convicted Again as a Registered Sex Offender

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

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

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

Levinson was immediately taken into custody.

Life as a Criminal Sex Offender

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

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

Distributed by Viestly

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

Spousal Aggravated Assault

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

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

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

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

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

Aggravated Assault and the Law

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

Aggravated Assault Criminal Defense

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

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]]>Andrew StineWed, 13 Jul 2011 15:07:04 GMThttp://www.andrewdstine.com/blog-78/366-is-aggravated-assault-a-felony.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.

Distributed by Viestly

]]>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.

Distributed by Viestly

]]>Andrew StineFri, 01 Jul 2011 14:04:24 GMThttp://www.andrewdstine.com/blog-78/361-can-a-judge-overturn-a-jury-verdict.aspxWhat is the New Hot Crime in Palm Beach County?http://www.andrewdstine.com/blog-78/344-what-is-the-new-hot-crime-in-palm-beach-county.aspxPalm Beach Post reported that local law enforcement is seeing an increasing amount of a new crime called the “bump and rob.” This new crime victimizes drivers usually late at night. Police are issuing warnings to Palm Beach County residents saying if you are driving on the road between the hours of midnight and 6 a.m. and another car bumps you from behind, do not get out of your car.

The new crime

From Palm Beach Gardens to Delray Beach, drivers are being robbed at gunpoint. The most recent incidents happened early Thursday. Around 3 a.m. in Delray Beach, a dark-colored Jeep brand SUV bumped another car traveling north on Military Trail near Atlantic Avenue.

The victim reportedly got out of his car to check whether it was damaged. The passenger and driver of the SUV approached him with a gun. The passenger shot the victim twice, but did not rob him or steal his car. Just about 30 minutes later, West Palm Beach police responded to a shooting on Churchill Road near Olive Avenue. In this case, the victim was hit from behind by a similar-looking SUV. When he got out of his car to check for damage, he was shot and robbed.

On May 12, between midnight and 6 a.m. the sheriff's office responded to two "bump and rob" calls. The first took place in the 4400 block of Cherry Road when the victim was hit from behind and walked out of his car to check for damage and was confronted by two men wearing dark gloves and masks. One of the men took out a semiautomatic handgun, and took the man's money and wallet. He was then forced to take the men to an ATM and withdraw cash.

In another incident, the victim was stopped at Lyons Road and Hypoluxo Road. He was bumped from behind and confronted by two men after getting out to check for damage. The victim was pistol whipped, and then forced to drive to an ATM and withdraw money.

Criminal Defense

If you have ever been charged with robbery, you need a criminal defense lawyer’s help immediately. Robbery charges often vary in severity depending on the crime. In the case of the bump and rob, you will most likely be charged with weapons charges as well. Have a criminal defense lawyer help you understand your situation and maybe help you lessen your charges.

Distributed by Viestly

]]>Andrew StineMon, 23 May 2011 13:51:44 GMThttp://www.andrewdstine.com/blog-78/344-what-is-the-new-hot-crime-in-palm-beach-county.aspx