arrestedhttp://www.andrewdstine.com/blog-78/tag-204-arrested.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 23:07:44 GMTTue, 22 May 2012 23:07:44 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. 

Distributed by Viestly

]]>Andrew StineMon, 21 May 2012 11:43:05 GMThttp://www.andrewdstine.com/blog-78/501-car-theft-in-west-palm-is-a-troubling-trend.aspxRecord Number of Illegal Immigrant Deportationshttp://www.andrewdstine.com/blog-78/500-record-number-of-illegal-immigrant-deportations.aspxImmigration is a tricky subject. If you are an immigrant, legal or illegal, and you are accused of a serious crime, you could be facing potential deportation. Regardless of your legal status you need to contact an experienced criminal defense lawyer immediately. This is the only chance you have at staying in this country. The law does not take immigration lightly and while there is momentum in changing immigration legislation, for now, being an illegal or even legal immigrant can be a precarious thing.

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

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

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

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

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

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

Distributed by Viestly

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

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

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

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

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

Distributed by Viestly

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

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineMon, 14 May 2012 16:41:31 GMThttp://www.andrewdstine.com/blog-78/498-is-the-rate-of-home-invasions-and-robberies-on-an-incline.aspxBe Aware of A New Kind of Credit Card Fraudhttp://www.andrewdstine.com/blog-78/496-be-aware-of-a-new-kind-of-credit-card-fraud.aspxFraud is a very serious crime in the state of Florida. The charges only increase in severity with the amount of money stolen by fraudulent actions. Unfortunately, fraud is one of the most common types of theft that happens on a daily basis. As technology develops, fraudulent schemes become more and more advanced. With advancing schemes, law enforcement are having a more difficult time tracking down criminals and the systems they are using. These days, credit card fraud and online identity theft is one of the biggest problems that the Economic Crimes Division has to deal with.

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineWed, 09 May 2012 10:39:38 GMThttp://www.andrewdstine.com/blog-78/496-be-aware-of-a-new-kind-of-credit-card-fraud.aspxGrandparents in Sarasota Charged with Child Endangermenthttp://www.andrewdstine.com/blog-78/493-grandparents-in-sarasota-charged-with-child-endangerment.aspxTwo Sarasota grandparents have been arrested charged with child endangerment, the charges also involve alcohol. Many times, child abuse, child neglect, and child endangerment often involves alcohol or drug abuse. When authorities are called to confront a set of parents or guardians, it's usually because a relative, teacher, or some sort of witness has personally seen the child's parents abuse or neglect the child. Often times the abuse or neglect only happens with alcohol. This can be a very tricky situation because the parents or guardians feel they have not done anything wrong.

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

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

The couple remained in jail without bail.

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

Distributed by Viestly

]]>Andrew StineWed, 02 May 2012 11:52:00 GMThttp://www.andrewdstine.com/blog-78/493-grandparents-in-sarasota-charged-with-child-endangerment.aspxJudge in John Goodman Case Asked to Step Asidehttp://www.andrewdstine.com/blog-78/491-judge-in-john-goodman-case-asked-to-step-aside.aspxJohn Goodman, founder of the International Polo Club Palm Beach, was found guilty of DUI Manslaughter and Vehicular Homicide in March of this year. While his case seemed to be resolved, his criminal defense attorneys were continuing to attempt to change the fate of Goodman's case by accusing several of the jury members of misconduct. This case continues to complicate, while Goodman still sits in a cell, convicted of drunkenly hitting another person's vehicle, sending that car careening into a canal where the victim drowned.

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineFri, 27 Apr 2012 13:04:12 GMThttp://www.andrewdstine.com/blog-78/491-judge-in-john-goodman-case-asked-to-step-aside.aspxHow Petty Theft can Turn into Grand Thefthttp://www.andrewdstine.com/blog-78/489-how-petty-theft-can-turn-into-grand-theft.aspxPetty theft and grand theft are considered to be different solely on the value of the property or money stolen. You will be charged with petty theft if you have stolen property or money valuing less than $300. Greater than $300 is grand theft and is a felony. A felony conviction can cost you your rights as an average citizen. A man in Naples is in need of an experienced criminal defense lawyer because he has so many petty theft convictions on his record that his most recent theft escapade of $1 actually cost him a felony.

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

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

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

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

Distributed by Viestly

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

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

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineFri, 20 Apr 2012 04:21:21 GMThttp://www.andrewdstine.com/blog-78/488-marijuana-grow-house-found-in-st-lucie-home.aspxFirst Arrest for Synthetic Marijuana in Floridahttp://www.andrewdstine.com/blog-78/486-first-arrest-for-synthetic-marijuana-in-florida.aspxFor the first time since the rise of the popular "alternative" to marijuana - synthetic pot, an arrest has been made of a man accused of distributing the substance. The Drug Enforcement Agency (DEA) has dramatically shifted the movement against synthetic marijuana that has been freely available at gas stations and head shops throughout Florida. Florida legislators have been itching to act against the widely available psychoactive substance and now, this arrest in Palm Beach County marks the first ever federal charge for distributing a now controlled substance.

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

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

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

Distributed by Viestly

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

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

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

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

Violation of Probation
In Florida the most common types of Probation Violations are substantive and technical. Substantive violations occur when the Probationer commits a new crime violation. Technical violations occur when the Probationer omits to complete a condition or willfully violates a condition of his probation. If you have violated your probation (whether substantive or technical), you are going to need the expertise and skill of an experienced criminal defense lawyer.

Distributed by Viestly

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

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

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

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

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

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

Distributed by Viestly

]]>Andrew StineWed, 11 Apr 2012 14:33:01 GMThttp://www.andrewdstine.com/blog-78/484-st-lucie-county-commissioner-arrested-for-grand-theft.aspxDivision in the Stand Your Ground Law Forum in Fort Lauderdalehttp://www.andrewdstine.com/blog-78/482-division-in-the-stand-your-ground-law-forum-in-fort-lauderdale.aspxSenator Chris Smith, D-Fort Lauderdale,invited members of the public to an open forum Wednesday to discuss their opinions and issues over the Stand Your Ground Law. The Stand Your Ground Law justifies a person in using deadly force when there is a reasonable belief of imminent threat. It is the main point of defense for shooter Zimmerman in the case of Trayvon Martin's death on Feb. 23 - a case rivaling the media attention of Casey Anthony. The forum was a direct response to Gov. Rick Scott's hesitance to form the task force he promised after the shooting.

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

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

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

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

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

Distributed by Viestly

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

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

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

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

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

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

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

Distributed by Viestly

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

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

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

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

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

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

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

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

Distributed by Viestly

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

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

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

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

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

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

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

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

What is Stand Your Ground Law?
Florida Statute 776.032 states: “A person who uses force is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer...” The Stand Your Ground Law is there to justify the use of force or a firearm if there is a reasonable fear of imminent danger. In order for Zimmerman to use this as a defense, he needs to prove that he immediately believed he was in danger of being harmed.

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

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

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

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

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]]>Andrew StineWed, 28 Mar 2012 15:53:44 GMThttp://www.andrewdstine.com/blog-78/478-investigator-in-trayvon-martin-case-wanted-zimmerman-arrested-at-the-scene.aspxAnother Doctor Arrested for Trafficking Oxycodonehttp://www.andrewdstine.com/blog-78/476-another-doctor-arrested-for-trafficking-oxycodone.aspxSouth Florida is known as the pain-pill capital of the country for a reason. With hundreds of pain clinics flourishing throughout St. Lucie County, Broward County, and Palm Beach County, addicts and doctor-shoppers will drive from states as far as Ohio to reap the benefits of pill mills and dispensing doctors. Police who track operations say that even though many pain clinics operate legally, people can often be seen driving from clinic to clinic procuring hundreds of pills at a time. Even though Florida legislation has attempted to regulate the doctor shopping epidemic, doctors continue to supply drug addicts and dealers with pills.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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]]>Andrew StineWed, 07 Mar 2012 17:17:24 GMThttp://www.andrewdstine.com/blog-78/468-mma-fighter-charged-with-using-hands-as-deadly-weapons.aspxCan You Be Forced to Decrypt Your Computer?http://www.andrewdstine.com/blog-78/464-can-you-be-forced-to-decrypt-your-computer.aspxAccording to an article posted on CNet, a federal judge in Colorado ruled in January that American citizens can be ordered to decrypt their hard drives to allow police room for more thorough investigations when acting on search warrants for cases that involves things like wire fraud or child pornography. This ruling could truly set precedents in terms of privacy and is encouraging people to argue the Fifth Amendment.

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

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

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

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

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

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

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

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

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

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

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

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]]>Andrew StineFri, 24 Feb 2012 14:57:23 GMThttp://www.andrewdstine.com/blog-78/463-assistant-city-attorney-avoids-potential-dui-arrest.aspxDrug Trafficking Shifting to Crack Cocaine from Prescription Drugshttp://www.andrewdstine.com/blog-78/462-drug-trafficking-shifting-to-crack-cocaine-from-prescription-drugs.aspxLaw enforcement officers are seeing a rise in crack cocaine distribution around South Florida. The issue is making its way up the chain spurring undercover sweeps and the like. If you have been accused of possessing or trafficking cocaine, it is imperative you contact a lawyer immediately because law enforcement officials are trying to keep a closer eye on drug trafficking.

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

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

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

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

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

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

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

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]]>Andrew StineWed, 22 Feb 2012 17:15:07 GMThttp://www.andrewdstine.com/blog-78/462-drug-trafficking-shifting-to-crack-cocaine-from-prescription-drugs.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.aspxPonzi Scheme in South Floridahttp://www.andrewdstine.com/blog-78/455-ponzi-scheme-in-south-florida.aspxPonzi schemes are investment fraud schemes that generally show up on the news. These fraudulent investments attract an abundance of media attention because they generally involve very wealthy people or people commonly known to the general public. In this case, Scott Rothstein and his uncle were co-conspirators in a $1 billion Ponzi scheme that is now coming to a close.

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

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

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

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

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

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]]>Andrew StineWed, 08 Feb 2012 17:12:09 GMThttp://www.andrewdstine.com/blog-78/455-ponzi-scheme-in-south-florida.aspxWill the Super Bowl Lead to a Spike in Criminal Activity?http://www.andrewdstine.com/blog-78/453-will-the-super-bowl-lead-to-a-spike-in-criminal-activity.aspxExperts are saying where the demand is, that's where the supply will be. Leading news reporters and experts on criminal trends are reporting that when large nationwide events occur, a spike in criminal activity is likely to happen. Law enforcement officers are turning their eyes away from Super Bowl XLVI this weekend in order to focus on potential criminal activity, likely to happen wherever large groups of people congregate for this special event.

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

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

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

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

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

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

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

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

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

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

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

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

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]]>Andrew StineWed, 01 Feb 2012 16:46:28 GMThttp://www.andrewdstine.com/blog-78/452-officer-arrested-for-illegal-arrest-in-broward-county.aspxFacebook Leads to Arrest of Mom Charged with Child Abusehttp://www.andrewdstine.com/blog-78/450-facebook-leads-to-arrest-of-mom-charged-with-child-abuse.aspxFacebook has become a daily part of many people's lives. Law enforcement is now using the social media site more often to catch criminals. Over a year ago, Facebook was used to track down a mother and daughter who repeatedly committed animal cruelty crimes against a pig, and posted a video of the act. Now, an Orange County mother has been arrested on charges of child abuse and contributing to the delinquency of a minor due to another video on Facebook.

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

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

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

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

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

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]]>Andrew StineFri, 27 Jan 2012 15:13:00 GMThttp://www.andrewdstine.com/blog-78/450-facebook-leads-to-arrest-of-mom-charged-with-child-abuse.aspxMetal Theft in Palm Beach Countyhttp://www.andrewdstine.com/blog-78/445-metal-theft-in-palm-beach-county.aspxFor the past several months, law enforcement has seen a rise in metal thefts all across the county. Because of the serious increase in this particular crime, officials are wanting to crack down on thieves who target homes, restaurants, and even abandoned buildings. Task forces have been created in order to battle the ever popular and lucrative crime of metal theft. There are several different kinds of crimes committed involving metal theft, not only could the thief be charged with theft, but the buyer could be charged with dealing in stolen property.

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

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

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

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

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]]>Andrew StineMon, 16 Jan 2012 16:52:39 GMThttp://www.andrewdstine.com/blog-78/445-metal-theft-in-palm-beach-county.aspxIllegal Weapons Deal in Pompano Beach Turns Deadlyhttp://www.andrewdstine.com/blog-78/443-illegal-weapons-deal-in-pompano-beach-turns-deadly.aspxUndercover police officers put their lives on the line to catch crimes in the act. Law enforcement use police officers to pose as buyers for drugs, weapons, and several other illegal activities. While these methods are often successful, the possibility of entrapment can be an issue. In Pompano Beach, a gun deal involving an undercover deputy went wrong, resulting in the death of the gun dealer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1st Florida DUI Offense

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

1st Florida DUI Offense

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

2nd Florida DUI Offense

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

3rd Florida DUI Offense

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

4th Florida DUI Offense

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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]]>Andrew StineFri, 23 Dec 2011 16:06:34 GMThttp://www.andrewdstine.com/blog-78/437-crackdown-on-counterfeit-merchandise.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.aspxPrison Terms for Animal Cruelty Chargehttp://www.andrewdstine.com/blog-78/431-prison-terms-for-animal-cruelty-charge.aspxAnimal cruelty is a charge that umbrellas several different definitions of crimes within the state of Florida. Animal cruelty charges can include animal neglect, felony or misdemeanor animal cruelty, and even animal fighting. Lake Worth man gets prison term for poor treatment of dogs. After a two-hour hearing, judge Miller sentenced Kipp to six months in jail and five years of probation. While he can keep the five dogs a judge returned to him and a bird and a cat he owns, Miller said he can't own any more animals for five years. Before trial, he rejected a plea deal that called for no jail time- reports Jane Musgrave, Palm Beach Post. Read excerpts from the story below:

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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]]>Andrew StineFri, 02 Dec 2011 16:39:31 GMThttp://www.andrewdstine.com/blog-78/428-dui-charges-in-palm-beach-county.aspxHow to Avoid a DUI During the Holidayshttp://www.andrewdstine.com/blog-78/425-how-to-avoid-a-dui-during-the-holidays.aspxThe holidays are right around the corner and with them comes weeks of celebrating. The rate of DUI arrests rises sharply during the holidays as people spend more time at holiday parties. Drinking and driving is always a serious crime but law enforcement officers pay particularly close attention to the roadways during this time of year because of the expected rise in DUIs.

Florida DUI Law

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

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

How to Avoid a DUI

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

A Tow to Go program manager stated:

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

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

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

DUI Criminal Defense

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

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]]>Andrew StineFri, 25 Nov 2011 15:32:11 GMThttp://www.andrewdstine.com/blog-78/425-how-to-avoid-a-dui-during-the-holidays.aspxHow a Fort Lauderdale Man was Arrested for $11 Million Fraudhttp://www.andrewdstine.com/blog-78/422-how-a-fort-lauderdale-man-was-arrested-for-11-million-fraud.aspxFort Lauderdale is a premium area for investors. Unfortunately, with the amount of money flowing through the city in investments and ventures, there is a significant amount of crime that follows suit. Organized scheme to defraud is a crime that seems to be a common white-collar crime that makes South Florida headlines. Thursday, a Fort Lauderdale man was arrested for running an $11 Million fraud.

Fraud and Grand Theft

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

Fraud in Fort Lauderdale

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

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

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

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

Fraud Criminal Defense

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

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]]>Andrew StineFri, 18 Nov 2011 16:13:57 GMThttp://www.andrewdstine.com/blog-78/422-how-a-fort-lauderdale-man-was-arrested-for-11-million-fraud.aspxLinda Cooney Arrested Again for Attempted Murder with Weapon She Used to Kill Husbandhttp://www.andrewdstine.com/blog-78/417-linda-cooney-arrested-again-for-attempted-murder-with-weapon-she-used-to-kill-husband.aspxIn 1993, Linda Cooney was acquitted for murdering her husband. Nearly 20 years later, Cooney is back in the media spotlight when police were called to another shooting in the Cooney’s Las Vegas household. Kevin Cooney, her son, 30, was shot in the neck. The shooter? Linda Cooney.

The Cooney Case

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

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

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

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

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

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

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

Domestic Violence and Battery

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

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

Fort Lauderdale Cops Criminally Charged

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

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

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

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

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

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

Criminal Defense

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

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]]>Andrew StineFri, 04 Nov 2011 13:01:24 GMThttp://www.andrewdstine.com/blog-78/416-update-fort-lauderdale-cops-surrender-and-criminally-charged.aspxFort Lauderdale Cops Accused of Serious Crimes but on Leave with Payhttp://www.andrewdstine.com/blog-78/412-fort-lauderdale-cops-accused-of-serious-crimes-but-on-leave-with-pay.aspxSerious crimes committed by police officers usually make headlines, but for some reason the immediate consequences do not seem to be as harsh as it could potentially be for citizens that commit the same crime. Two Fort Lauderdale officers have been accused of grand theft, kidnapping, and lying about the case. The grand theft committed could potentially be charged as a third-degree felony. The crime gets even more complicated as the money stolen should have been placed in evidence.

Fort Lauderdale Officers Accused of Crimes

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

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

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

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

Crime Recap

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

Criminal Defense

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

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

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

Florida Stand Your Ground Law

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

Stand Your Ground Law in South Florida

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

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

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

Criminal Defense

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

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]]>Andrew StineMon, 24 Oct 2011 15:22:59 GMThttp://www.andrewdstine.com/blog-78/411-what-is-stand-your-ground-law.aspxWhy Child Abuse and Alcoholism Go Hand in Handhttp://www.andrewdstine.com/blog-78/409-why-child-abuse-and-alcoholism-go-hand-in-hand.aspxWhen a parent is charged with child abuse, there are usually several factors involved in the crime. All too often, alcohol or drug abuse is the common denominator. Child abuse is an extremely serious crime but parents may not even realize they are putting their children in harms way because their judgment is so impaired by the substances they choose to take. One man in Michigan is being charged with felony child abuse for letting his daughter be his designated driver. His daughter is nine years old.

Child Abuse and Alcohol

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

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

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

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

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

Child Abuse Criminal Law

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

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

Aggravated Battery is a Felony

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

Aggravated Battery in Fort Pierce

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

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

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

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

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

Aggravated Battery Criminal Defense

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

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]]>Andrew StineMon, 17 Oct 2011 14:26:14 GMThttp://www.andrewdstine.com/blog-78/408-what-to-do-after-being-charged-with-aggravated-battery.aspxWhy BSO is Saying Lock Your Doorshttp://www.andrewdstine.com/blog-78/406-why-bso-is-saying-lock-your-doors.aspxBurglary is a crime where the charges can depend on the monetary value of the items stolen or the damage done. While unfortunate, burglary is very common especially in South Florida. This summer, the rate of stolen AC units for the copper materials reached an all time high. Cars are a constant target, especially for electronics like GPS units and other items of value left in the vehicle. In Broward County, the Sheriff's Office is noticing that criminals are targeting cars with unlocked doors and are unfortunately finding many vehicles that provide an open invitation for burglary.

Burglary and the Law

According to Florida Statute 810.02: "Burglary" means:

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

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

Burglary in Broward County

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

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

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

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

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

Burglary Criminal Defense

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

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]]>Andrew StineWed, 12 Oct 2011 14:18:09 GMThttp://www.andrewdstine.com/blog-78/406-why-bso-is-saying-lock-your-doors.aspxIs Animal Cruelty a Misdemeanor or a Felony?http://www.andrewdstine.com/blog-78/404-is-animal-cruelty-a-misdemeanor-or-a-felony.aspxAnimal cruelty is a charge that umbrellas several different definitions of crimes within the state of Florida. Animal cruelty charges can include animal neglect, felony or misdemeanor animal cruelty, and even animal fighting. All of these charges are extremely serious and can cost you prison time and expensive fines upon conviction.

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

Animal Cruelty Criminal Defense

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

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

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

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

Criminal Mischief in the State of Florida

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

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

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

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

Criminal Mischief Defense

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

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]]>Andrew StineWed, 05 Oct 2011 14:22:37 GMThttp://www.andrewdstine.com/blog-78/403-what-is-criminal-mischief-in-the-state-of-florida.aspxHow to Deal with a Grand Theft Felony Chargehttp://www.andrewdstine.com/blog-78/401-how-to-deal-with-a-grand-theft-felony-charge.aspxTheft in the state of Florida is charged at varying degrees depending on the amount stolen. Recently, there have been several people charged with theft around the South Florida are for stealing Air Conditioning units which usually results in a grand theft charge because of the cumulative dollar amount of items stolen.

Grand Theft in Fort Pierce

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

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

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

Gosman was immediately arrested.

Grand Theft Charges in Florida

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

Grand Theft Criminal Defense

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

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]]>Andrew StineFri, 30 Sep 2011 15:57:54 GMThttp://www.andrewdstine.com/blog-78/401-how-to-deal-with-a-grand-theft-felony-charge.aspxHow Drug Possession can Result in Child Neglect Chargeshttp://www.andrewdstine.com/blog-78/399-how-drug-possession-can-result-in-child-neglect-charges.aspxMore often than not, when a person is accused of committing a crime, there is usually more than one crime in question. Many crimes do not have very significant sentences but what usually lands people in prison for long periods of time is being convicted of multiple crimes at once.

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

Drug Possession and Child Neglect in South Florida

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

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

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

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

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

Criminal Defense

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

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]]>Andrew StineMon, 26 Sep 2011 13:44:49 GMThttp://www.andrewdstine.com/blog-78/399-how-drug-possession-can-result-in-child-neglect-charges.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.aspxWhat is the Sentence for Crimes Against Elderly People?http://www.andrewdstine.com/blog-78/390-what-is-the-sentence-for-crimes-against-elderly-people.aspxCrimes against elderly people often go unreported because the victim’s rarely contact authorities themselves. Usually, a witness or friend recognize something odd occurring and report the discrepancies to the authorities. Crimes against elderly people usually encompass fraud, burglary, theft, or any money-related crime. One Tequesta woman, 65, was young and nimble enough to escape a serious assault on her life.

Assault on a Person 65 or Older

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

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

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

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

Criminal Defense

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

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]]>Andrew StineMon, 05 Sep 2011 14:24:23 GMThttp://www.andrewdstine.com/blog-78/390-what-is-the-sentence-for-crimes-against-elderly-people.aspxWhy are AC Unit Thefts So Common?http://www.andrewdstine.com/blog-78/388-why-are-ac-unit-thefts-so-common.aspxThe price of copper is at its peak right now, which is causing a large spike in air conditioning thefts and burglary. South Florida is experiencing an immense amount of burglaries where criminals are specifically targeting homes, business, churches, schools, any building with access to an AC unit.

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

AC Unit Theft

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

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

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

Theft or Grand Theft?

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

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

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

Child Pornography Possession in Hollywood

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

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

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

White is not listed in the state sex offender database.

Child Pornography and the Law

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

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

Prescription Pill Trafficking and Weapons Charges

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

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

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

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

Criminal Defense

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

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

The Bong Bill

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

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

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

Criminal Defense

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

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

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

Seniors vs. Crime

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

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

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

Criminal Defense

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

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

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

Prescription Drug Trafficking in Riviera Beach

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

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

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

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

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

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

Oxycodone Trafficking Criminal Defense

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

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

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

Child Neglect in West Palm Beach

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

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

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

Child Neglect Criminal Defense

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

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]]>Andrew StineWed, 17 Aug 2011 15:01:30 GMThttp://www.andrewdstine.com/blog-78/382-can-too-much-tylenol-pm-lead-to-child-neglect-charges.aspxWhat Happens if I Have Multiple DUI Convictions?http://www.andrewdstine.com/blog-78/380-what-happens-if-i-have-multiple-dui-convictions.aspxBy definition a person in Florida is guilty of a DUI if her or she is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages or any prohibited chemical substance to the extent that a person’s normal faculties are impaired.

DUI in Florida

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

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

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

DUI Defense

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

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

Florida Fraud in Boston

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

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

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

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

Florida Communications Fraud Act

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

Fraud Criminal Defense

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

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

Child Abuse in the Name of Discipline

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

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

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

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

Child Abuse and the Law

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

Child Abuse Criminal Defense

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

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

Pill Mill in West Palm Beach

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

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

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

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

Prescription Drug Trafficking Defense

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

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]]>Andrew StineFri, 05 Aug 2011 13:58:33 GMThttp://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.aspxHow Serious is Possession of Drug Paraphernaliahttp://www.andrewdstine.com/blog-78/375-how-serious-is-possession-of-drug-paraphernalia.aspxPossession of drug paraphernalia is a residual charge usually added on to a drug possession or drug trafficking charge. While possession of drug paraphernalia is a first-degree misdemeanor, it is punishable by up to a year in jail and expensive fines. Even if you walk away on probation for the misdemeanor offense, you most likely could end up with a permanent criminal record.

Drug Possession and Paraphernalia in Long Key

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

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

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

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

Drug Possession and Paraphernalia Criminal Defense

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

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

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

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]]>Andrew StineMon, 01 Aug 2011 14:45:40 GMThttp://www.andrewdstine.com/blog-78/375-how-serious-is-possession-of-drug-paraphernalia.aspxWhat to do if You Have Been Charged with Domestic Batteryhttp://www.andrewdstine.com/blog-78/373-what-to-do-if-you-have-been-charged-with-domestic-battery.aspxDomestic battery is an unfortunate but common occurrence. It often goes unreported to authorities because the victims fear retaliation. The victims also try to convince themselves that it is not a consistent pattern and the perpetrator will change. This mentality can lead to worse crimes. The article below discusses how a woman’s friends helped step in to prevent anything else happening from this domestic battery case.

Domestic Battery in Greenacres

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

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

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

Domestic Battery Criminal Defense

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

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

Possession of a Firearm by a Minor in Apopka

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

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

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

Possession of a Firearm by a Minor and the Law

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

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

Possession of a Firearm Criminal Defense

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

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]]>Andrew StineMon, 25 Jul 2011 14:27:00 GMThttp://www.andrewdstine.com/blog-78/371-how-to-deal-with-firearm-possession-charges-as-a-minor.aspxUpdate: Officer of the Year Pleads Not Guilty to Drug Chargeshttp://www.andrewdstine.com/blog-78/369-update-officer-of-the-year-pleads-not-guilty-to-drug-charges.aspxAs discussed in a previous blog post on July 8th, Boynton Beach Police Department’s ‘Officer of the Year’ for 2010, 28-year-old David Britto, was indicted earlier this month on charges of conspiring to possess and traffic 500 grams of methamphetamine. The indictment alleges that Britto has been drug dealing from June 2009 until March 4, 2011 when he was caught in a DEA Organized Crime Drug Enforcement Task Force investigation.

If convicted, Britto is facing life in prison.

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

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

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

Drug Trafficking Criminal Defense

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

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

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

Robbery in St. Lucie County

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

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

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

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

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

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

Burglary and Robbery Criminal Defense

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

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]]>Andrew StineMon, 18 Jul 2011 14:00:03 GMThttp://www.andrewdstine.com/blog-78/368-how-common-are-burglaries-and-robberies-in-south-florida.aspxIs Aggravated Assault a Felony?http://www.andrewdstine.com/blog-78/366-is-aggravated-assault-a-felony.aspxA West Palm Beach woman was arrested Monday after shooting her husband multiple times with a BB gun at a friends home. She called the police herself after an argument with her husband following the shooting.

Spousal Aggravated Assault

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

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

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

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

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

Aggravated Assault and the Law

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

Aggravated Assault Criminal Defense

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

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

The following is an article from WPTV News Channel 5:

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

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

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

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

Child Neglect and Abuse in Florida

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

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

Child Abuse and Neglect Criminal Defense

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

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

Officer of the Year Caught Dealing Drugs

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

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

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

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

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

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

Drug Trafficking Criminal Defense

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

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]]>Andrew StineFri, 08 Jul 2011 14:54:38 GMThttp://www.andrewdstine.com/blog-78/364-how-an-officer-of-the-year-could-spend-his-life-in-prison.aspxHow Even Your Faith Can't Help You Keep Your Kids if You are Convicted of Child Neglecthttp://www.andrewdstine.com/blog-78/352-how-even-your-faith-cant-help-you-keep-your-kids-if-you-are-convicted-of-child-neglect.aspxAccording to an article in WPTV News, a Riviera Beach couple was arrested Wednesday night for child neglect, after allegedly telling police that they live life in God and don't need to work despite not having any money to feed their toddler.

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

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

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

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

Child Neglect Criminal Defense

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

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]]>Andrew StineFri, 10 Jun 2011 13:10:21 GMThttp://www.andrewdstine.com/blog-78/352-how-even-your-faith-cant-help-you-keep-your-kids-if-you-are-convicted-of-child-neglect.aspxHow do Ponzi Schemes in South Florida Work?http://www.andrewdstine.com/blog-78/351-how-do-ponzi-schemes-in-south-florida-work.aspxA Ponzi scheme is a specific type of fraudulent investment. It is the act of using money received from investors to pay off other investors and personal expenses. Ponzi schemes are tactically organized to avoid using real profit for payments. 

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

Ponzi Schemes in South Florida

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

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

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

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

Fraud Criminal Defense

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

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

Drug Distribution

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

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

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

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


Drug Crimes in South Florida

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

Drug Crime Criminal Defense

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

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]]>Andrew StineMon, 06 Jun 2011 11:53:00 GMThttp://www.andrewdstine.com/blog-78/350-how-are-drug-traffickers-using-the-internet-and-getting-away-with-it.aspxHow Marijuana Dealers are Getting More Creative When Sellinghttp://www.andrewdstine.com/blog-78/349-how-marijuana-dealers-are-getting-more-creative-when-selling.aspxMarijuana dealers are getting more and more creative with their methods of distribution. As the local government invests more money, time, and officers in an attempt to squash the marijuana craze in Palm Beach County, dealers are stuffing their pot into anything from cupcakes to Subway sandwich bags.

Marijuana Methods of Distribution

According to an article in WPTV News, a Fort Pierce Subway employee was arrested on Thursday morning by St. Lucie County Sheriff's investigators who said she was selling marijuana to patrons who asked for 'extra meat' on their sandwiches.

Elizabeth Hunter, 47 known as "Liz" was allegedly selling marijuana from inside a Hess gas station/Subway Fort Pierce. According to St. Lucie County Sheriff's Office on May 10th and May 26th, undercover deputies used the code words 'extra meat' when they ordered sandwiches from Hunt.

"The 'extra meat' was a baggie of marijuana that Hunt slipped into the sandwich bag," Sheriff Ken Mascara said in a written release. The arrest affidavit also states that Hunt asked the undercover deputies to, "put the $10 in the tip jar."

Hunt then placed the marijuana inside the subway sandwich bag, and is now being held in the St Lucie county jail on a $55,000 bond on two counts of sale and delivery of marijuana within 1,000 feet of a convenience store, one count of possession of marijuana with intent to sell within 1,000 feet of a convenience store and one count of possession of drug paraphernalia.

Only recently, a drug dealer was caught using a very creative method of distribution. He was arrested selling pot cupcakes to South Miami High School students at $10 a piece.


Criminal Defense

If you are caught in possession of or trafficking marijuana, you’re in a for a long haul. Because the government is investing to much time and energy in cracking down on marijuana and drug dealers, you will undoubtedly be facing a tough trial. The only person who can help you in this situation is a criminal defense lawyer. Have a criminal defense lawyer answer any questions you may have about your situation and he or she can also help you build a strong defense strategy.

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]]>Andrew StineFri, 03 Jun 2011 11:49:26 GMThttp://www.andrewdstine.com/blog-78/349-how-marijuana-dealers-are-getting-more-creative-when-selling.aspxHow Battery Charges can Ruin Your Lifehttp://www.andrewdstine.com/blog-78/348-how-battery-charges-can-ruin-your-life.aspxA New York man has been accused of battery against a JetBlue flight attendant. He is facing serious criminal charges, according to WPTV News. The article is included below.

The Crime

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

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

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

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

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

Criminal Defense

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

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

The Crime

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

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

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

Possession of a Firearm by a Convicted Felon Florida Statute

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

Criminal Defense

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

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

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

The Crime

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

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

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

Marijuana Grow House

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

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

Marijuana Grow House Criminal Defense

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

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]]>Andrew StineFri, 27 May 2011 15:45:13 GMThttp://www.andrewdstine.com/blog-78/346-why-marijuana-grow-houses-are-easy-to-find.aspx