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Category Archives: Criminal Defense

Florida’s Stand Your Ground Law Could Be Strengthened

The ‘Stand Your Ground Law’ is a very controversial law that has come into the spotlight in recent years. In many states, the law allows people to stand their ground and use deadly force as a means of self protection. The Stand Your Ground Law In Florida Florida was the first state in America to pass a stand-your-ground law 12 years ago and since, 34 other states have followed in their tracks. Currently, the stand-your-ground law in Florida states that residents are allowed to use force as a method of self-defense if they feel as though their lives are in danger. Defendants can opt for immunity under the current law as long as there is evidence present. The state of Florida has just passed measures that would bolster the law, taking… […]

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Failure To Appear Warrants and Capiases in Palm Beach, Florida

Failure To Appear In Court Warrants Have a warrant for failure to appear? When a failure to appear has been issued by a Florida court, the person who failed to appear should contact a criminal defense lawyer immediately so a motion to recall the warrant/capias can be filed. Failure to appear warrants or capiases are issued by Florida judges when a person does not appear in court for a hearing. In order for the warrant to properly issue, the person named in the court event must have ‘notice’ of the hearing. Notice To Appear Notices to appear at court are usually provided by an arresting officer or an officer issuing a notice due to a traffic crime or misdemeanor. The citation or notice to appear will have a date and… […]

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Should You Ever Give A Statement To Law Enforcement?

Should a person accused of a crime go down to the sheriff station and give a statement to law enforcement? The guiding principle as to whether or not one accused of a crime should ‘ever’ talk to the police is embodied in the United States and the Florida Constitutions. The answer is simply: NO! Do Yourself a Favor and Hire an Attorney Before You Speak As a criminal defense lawyer, I am contacted regularly by people who are under investigation or who are being questioned by law enforcement. The telephone will ring or the office conference will occur, and the person will undoubtedly ask whether or not they should speak to the ‘cops’? The target of the investigation (the suspect) will then go into panic mode and try to give every… […]

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Florida Passes Law to Save Kids and Pets in Cars, Says Palm Beach Defense Lawyer

Criminal defense attorney Andrew Stine reports on a law passed by the Florida Legislature protecting citizens who break into locked cars to save kids and pets. The Florida Legislature passed a new law that allows Good Samaritans to forcefully enter any unattended motor vehicle without civil liability, if they reasonably believe the vehicle is locked and any vulnerable person or any domestic animal is in danger, reports West Palm Beach criminal defense attorney Andrew Stine. Under this new Florida law, the “vulnerable person” definition is tied to the same meaning in Florida General Statue 435.02. Under Fla. Gen. Stat. 435.02 “vulnerable person” basically means a “minor child.” Domestic animal under the new statute is defined as any animal that may be kept as a household pet, but does not include… […]

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Palm Beach Defense Attorney to Defend 18-Year Old Charged With Posing as Doctor

Criminal defense attorney Andrew Stine explains Florida law about who can and cannot legally open a medical clinic in the state. West Palm Beach criminal defense attorney Andrew D. Stine is defending Malachi Love-Robinson, the 18 year old criminally charged with posing as a doctor. The full story will be told at trial, but in order to appreciate what is happening now, in this Palm Beach County criminal case that has captured national attention, you must first understand Florida law, as it applies to “who can open a clinic or a doctor’s office” in the State of Florida, and what a medical doctor does under his or her license. In Florida, there is “No requirement” that the clinic, doctor’s office or other medical facility be owned and incorporated by a… […]

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“Can I Get My Time Reduced?” is Often Asked of Criminal Defense Lawyers

West Palm Beach criminal defense attorney Andrew Stine answers the question for his clients with an eye to a bridge to a better life. As a criminal defense lawyer, I am often asked questions by my clients, about getting their “time” reduced if they take responsibility for their actions. The conversation many times comes up after the accused is confronted with evidence that shows they likely committed the crime but not always. Believe it or not, many times those accused of criminal offenses are sorrowful for their actions and want to make amends for their wicked ways with the coercion of inculpatory evidence. When these heart to heart conversations take place between a criminal defense attorney and the accused a path to hopefully a better life is being bridged. In… […]

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Palm Beach Criminal Defense Attorney Explains Miranda Violations in Florida

Oral statements made by a criminal defendant in Florida shall be suppressed when a violation of Miranda occurs. West Palm Beach criminal defense lawyer, Andrew D. Stine, has extensive experience in suppressing oral statements made by criminal defendants in violation of their Miranda warnings, because of his keen ability to pick out key buzz words, phrases and statements by criminal defendants and law enforcement officers. The following example set out below is of a Miranda violation occurring in a 2015 DUI homicide case that West Palm Beach DUI lawyer Andrew D. Stine is defending against. After a defendant is apprehended for DUI homicide, DUI manslaughter, vehicular homicide and all other DUI accident related crimes that occur in injury or property damage, they are hauled into a police station and interrogated.… […]

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The Independent Act: Co-Defendants Can Be Arrested, Charged and Convicted

In the State of Florida, co-defendants can be arrested, charged and convicted for the actions of their cohorts; even if one co-defendant knew of the elements of the criminal enterprise, but did not actually commit the crime itself. But isn’t it a defense in Florida to argue that the co-defendant who did not “know” of the plan to further the criminal episode is in fact protected by Florida’s “independent act doctrine.” The answer is yes, and more importantly was just written about extensively in an opinion from the 4th District Courts of Appeals that overturned Palm Beach Circuit Judge Stephen A. Rapp’s decision that condemn a woman for life. At the onset, there is nothing nice or good to say about Judge Rapp and in fact he has caused the… […]

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Criminal Prosecution and the Palm Beach County Mental Health Court

As a criminal defense lawyer, I am faced with questions, concerns and problems that affect those with mental illness on a routine basis. Individuals facing criminal prosecution for allegedly committing unlawfully acts, find themselves in a very stressful time period, those defendants that suffers from mental illness and are facing criminal prosecution can have setbacks that are life threatening because of the stressful period they are now enduring. When those inflicted by mental illness are arrested, many times their mental illness magnifies and exacerbates the situation, so that working with them as a lawyer can be challenging, not because of their illness, but because trying to explain the Florida laws to them and many times their family seems “unrealistic” in their mind. The repeated words of the mentally ill and… […]

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Fugitive Warrants and Invocation of Rights in Florida

Fugitive Warrants and Invocation of Rights in Florida

A daily feature in the Palm Beach Post is a link of those individuals wanted for arrest by local, state and federal law enforcement authorities throughout Palm Beach County, FL. The wanted fugitives all have one thing in common; they all have an arrest warrant issued for them. The fugitives of justice are wanted for crimes that range from murder to grand theft. The photos of the wanted individuals are plastered on the local newspaper website palmbeachpost.com/news/crime/fugitives with additional information about what crime they are wanted for, where they were last known to live, their height, weight, and all other pedigree information is provided about the wanted person. If you or a loved one is listed on the Palm Beach Post website or in the local newspaper under the “Wanted… […]

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