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Category Archives: Criminal Defense

Evidence in Florida DUI Crashes Causing Bodily Injury or Death

Evidence in Florida DUI Crashes Causing Bodily Injury or Death

As a criminal defense attorney, I am always asked about what types of evidence can be put forward by the accused to show he or she was not the driver of a vehicle involved in a DUI crash causing serious bodily injury or death were the prosecution is alleging that alcohol or illegal drugs played a part in the crime. In other words, the accused DUI driver wants to put forth competent and substantial evidence that he or she was not in control of the motor vehicle at the time of the DUI crash that caused serious bodily injury or death. I am always reminded of my science background on these issues and the term DNA or deoxyribonucleic acid immediately comes to mind for consideration of an affirmative defense. In… […]

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When Judges Become the Helping Hand of the Prosecutor

When Judges Become the Helping Hand of the Prosecutor

Again, bad judges who stray from their role as neutral arbiter and become the helping hand of the prosecutor are exposed in Ronnie Williams v. State, 4D12- 3723. Ronnie Williams was a Broward County resident, where law enforcement officers have a standing order from many store and market owners to issue trespass warnings to people loitering on the property. Williams was outside of a market, when a detective approached Williams to trespass him off of the market property. It stead of just trespassing Williams off of the property, the detective also stopped Williams and pat him down for “weapons.” During the “pat down” the detective testified that a container “fell” from William’s pocket and at that time, William’s took a swing at the detective and ran. During the chase, the… […]

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The Right To Defend Yourself Under Florida Law

The Right To Defend Yourself Under Florida Law

The Right to Defend Oneself does not come from Laws passed in a Capital Building. The Right to Defend Oneself comes from Nature. Natural Law provides every living thing, especially human beings, the most intelligent living organisms with the Natural Right to defend themselves with force; including deadly and non-deadly force, when in danger. When Judges in Florida subscribe themselves to the thinking that the right to defend oneself comes from Man, and not Natural Law, their thought process runs amuck with the societal norms that America has held, since its establishment. This was recently the case in Cunningham v. State, an appeal from Broward County, FL in which Judge Usan was again overturned by the 4th District Court of Appeals for not providing a fair trial to a criminal… […]

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Prosecutorial Misconduct in the Florida Criminal Justice System

When will the Florida courts sanction Assistant State Attorneys, as oppose to writing opinions that allow them to scorm out of making improper arguments, during their prosecutions of criminal trials? The prosecutor’s role in Florida is to fairly administer justice. Their role is not to act improperly to sustain convictions! This role has become blurred and the appellate courts have allowed prosecutors who make improper arguments to juries, during criminal trials, to weasel their way out of sanctions at the detriment of the entire criminal justice system. Take for instance the case of Wimberly v. State. Wimberly was convicted of attempted second degree murder with a firearm in Broward County, FL. During Wimberly’s trial the prosecutor made an improper appeal to racial prejudice. The Assistant State Attorney elicited testimony that… […]

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Receiving a Subpoena from the SEC

Receiving a Subpoena from the SEC

As a Federal Criminal Defense Lawyer, located in West Palm Beach, FL; I am asked to review facts regarding white collar crimes on a regular basis. South Florida is froth with White Collar criminals, like Bernie Madoff and Scott Rothstein, as all remember when both of their criminal cases made worldwide news. But what about innocent individuals, who find themselves in trouble because of dumb mistakes regarding business associates or business partnerships. Should we treat those people the same under the law? The answer to the question is NO! Federal laws do treat different wrongs, with different punishments. Recently, the Law Office of Andrew D. Stine has been representing individuals involved with a financial scam labeled JCS Enterprises Services, Inc. (“JCS”), T.B.T.I. Inc. (“TBTI”), and My Gee Bo, Inc. (“Gee… […]

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Custodial Interrogation in West Palm Beach and Your Rights

Custodial Interrogation in West Palm Beach and Your Rights

As a practicing criminal lawyer in West Palm Beach, FL I am continually asked the question by those accused of crimes “whether or not the statements and information that they provided to the police will be used against them?”  The answer that I give them depends on many factors, but the most important thing I ask is whether or not they requested an attorney before or at the time law enforcement officers stopped them and began asking them questions. Both the United States and Florida Constitutions protect criminal defendants from compelled self-incrimination or providing statements against themselves. See U.S. Const. Amend. V and Art. I  sec. 9, Fl Const. The United States Supreme Court has been steadfast in holding that law enforcement officers are required to inform suspects of their… […]

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The Art of Sentencing in Florida

As a practicing criminal defense attorney, clients contact me on a regular basis to discuss the possible outcome of their criminal case. More often than not, during conversations with the client, they will inevitable ask whether they should plead guilty or go to trial? The client always has the right in deciding whether to plead guilty or proceed to trial. But this decision by the client as to whether or not to proceed to trial must be made after full advice given by their criminal defense lawyer, as to all the possible circumstances, laws and knowledge of the judge’s sentencing propensities. Does this judge sentence within or outside the guidelines is a very important matter to discuss? What type of criminal sanctions may this judge impose on the criminal defendant… […]

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Willful Blindness, What is It?

Many times a day throughout Florida, law enforcement officers stop a vehicle for no apparent reason, let alone for violating the traffic laws of this state, and end up searching the vehicle because the officer smelt “burning marijuana.” The search of the vehicle will end up yielding illegal narcotics, drugs, a weapon, or some other form of contraband and inevitably the driver of the vehicle will be handcuffed and taken to jail. Many times the driver will sit down with their criminal defense lawyer and say, “the drugs were not mine.” “I did not even know there were drugs in the car.” What the criminal defendant is actually saying is a valid defense in Florida; it is the defense of not having “knowledge and possession” which are the two key… […]

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University of Florida Football Player Arrested for Felony Stalking

University of Florida Football Player Arrested for Felony Stalking

According to University of Florida’s newspaper The Alligator, a star player for the Gator football team was arrested for felony stalking earlier this week. Florida wide receiver Chris Rainey, 22, was arrested early Tuesday morning and charged with aggravated stalking. He was arrested after sending a threatening text message to a young woman he had been dating on and off for the past three years, according to Anthony Chiang, an Alligator staff writer. The text message read, “Time to die bitch.” An Alachua County Sheriff’s Office representative has stated that Rainey has been released from custody after making his first court appearance on closed circuit television. He was ordered to have no contact with the woman and is required to b home from 10 p.m. to 7 a.m. during the… […]

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Corruption in the Florida Judiciary

Corruption that is rampant in the Florida Judiciary is no more apparent than in the case of Judge Ana I. Gardiner of Broward County, Florida. This former Judge, Ana I. Gardiner, has been recently disbarred by the Florida Supreme Court but the questions linger as to how deep her corruption has cut into the Broward County court system. Particularly the questions linger as to the sentences, rulings, determinations of facts, orders signed and all her overall actions while on the bench presiding over men and women who were facing criminal prosecutions in front of this twisted woman. Former Judge, Ana I. Gardiner of Broward County, Florida has illuminated the reasons why the judiciary system is broken-human nature has frailty. But these frailties possessed by this evil Judge are not only… […]

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