Florida Criminal Lawyer Blog

In Florida, the cyber-stalking laws have been formulated under the aegis of traditional stalking statutes. Under this law, stalking refers to repeated threatening or harassing behavior that causes emotional distress, discomfort, pain, or fear in the person being subjected to such behavior. The standard restraining order has also been expanded to restrict this type of unwanted behavior, Cyber-stalking refers to the above-mentioned acts committed using the Internet or any other electronic medium of communication.
The instances of cyber-stalking may include, amongst others, sending emails that contain threats, comments that are harassing or manipulative, and/or lewd remarks; hacking online accounts of the victim like his email or banking accounts and changing the settings of or misusing these; impersonating the victim on social media by creating fake accounts or trying to establish contact with the latter with fake profiles; and posting personal and confidential information about the victim on public forums and message boards. Apart from being emotionally disturbing, these acts can have damaging consequences, especially with regard to younger individuals claims Lawyer William Moore.

Fort Lauderdale based criminal attorney William Moore explains that Florida cyber-bullying legislation is quite comprehensive, certain ambiguities have been noted by Cyber-stalking lawyers and some commentators. For instance, the law does not state the course of action or the consequences in instances where electronic data and/or software programs have been accessed away from the campus to create an environment of hostility or animosity within the premises of the educational institution.

According to some, applying the cyber-bullying law to off-campus instances would be akin to over-stretching its scope. An analogy has been drawn to the right of free speech to justify this ambiguity in the cyber-bullying law—the right to free speech is exercised but with limits inside a classroom but these limits do not bind on a student once he steps out of the campus.

But legislators, educators, parents, and citizens of Florida in general agree that the cyber-bullying law should be strictly enforced in the state.

Continue reading "Ambiguities in the Cyber-Bulling Law" »

Article Contributed By,
WR Moore Criminal Defense
721 SE 13th Street
Fort Lauderdale, FL 33316
954-656-6229

Given the increasing use of computers for legitimate uses and the use of computers to perpetrate crimes, criminal lawyers in Fort Lauderdale have seen an increasing amount of cases dealing with this issue. Florida has a set of laws designed to convict and punish those who indulge in computer crime or cybercrime. Computer or cybercrime laws deal with criminal activity that involves computers, computer networks, and online sites. However, some of the crimes might involve other criminal laws as well, and in such cases, Florida prosecution will use both sets of laws to prove their case against the defendant.

The Florida laws on computer crimes cover a range of criminal activities using computers such as hacking, intellectual property theft, fraud, and financial or identity theft using computers. The penalties for these crimes depend on the severity of the crimes and can range from only a fine to life imprisonment.
Since the crimes involve computers, both the prosecution and the defense will normally call upon technical experts to provide evidence involving the actual execution of the crime or an explanation for its legal basis.

Continue reading "Florida Law on Computer Crime" »

A defendant’s intent is one of the key factors in determining guilt in a criminal case. In legal parlance, it is referred to as “mens rea,” which means “guilty mind.” The intentions of the defendant and what he or she was thinking at the time the crime was committed can make an important difference to the outcome of a criminal case. Criminal lawyers representing the interests of their clients must not blur the distinction between intent and motive. Mens rea in the criminal justice system creates a differentiation between someone who had a premeditated intention to commit a crime and someone who had no such intention.

Criminal versus Negligent

Criminal lawyers emphasize that negligence is the commonly used legal term for carelessness. An act of negligence usually results in civil liability, rather than criminal. Under several criminal statutes, the standards of negligence have been raised to include reckless or criminal negligence.

The lawyers at WR Moore Criminal Defense explain that the simplest way of getting released on bail is when the court allows the arrested person to be released on their own recognizance (R.O.R.) The R.O.R. process requires that the person must sign a document that presents a written promise of the accused to show up in court as per the court’s requirements. Criminal lawyers may petition the court to allow this type of release even where more serious offenses are alleged by agreeing to special conditions such as an ankle monitor. The accused person may have to request for an O.R. release during the first appearance before the court. If the request is rejected, the person may ask to receive a lower bail amount.

Attorney William R. Moore is the founding attorney for the law firm WR Moore Criminal Defense located at 721 SE 13th Street, Fort Lauderdale Fl 33316. Call 954-656-6229 to schedule an appointment.

WR Moore Criminal Defense
721 SE 13th Street
Fort Lauderdale, FL 33316
(954) 656-6229

According to criminal attorneys, "attempted crimes" are by definition incomplete crimes. However, the intent to commit the crime as well as steps toward committing the crime have to be proved for a conviction when a person is accused of an attempted crime.
An attempted crime is considered an inchoate crime since it has not succeeded and therefore, there is no proof of a murder, kidnapping, or burglary having taken place. This very lack of clarity makes it more difficult for the prosecution to prove an attempted crime and for the defense to establish reasonable doubt.

Continue reading "Florida Law on Attempt" »

Aiding, abetting, and accessory before or after the fact are terms used by criminal lawyers quite frequently. Each state in the United States defines these terms differently, so those accused of aiding and abetting a crime or being an accessory should be aware of the relevant interpretations under Florida law. Criminal law in Florida is also distinguished between an accomplice, who takes active part in the commissioning of the crime, and an accessory after the fact.

The Fort Lauderdale lawyers at WR Moore Criminal Defense state that a person can be accused of aiding and abetting a crime or being an accessory before or after the crime only if they fulfill some conditions: the person must have been aware of the intent to commit the crime and the person must have helped in committing the crime by providing some assistance. This assistance can be advice, financial or physical help.

Continue reading "Aiding, Abetting, and Accessory" »

A DUI offense occurs when the driver or operator of a vehicle is found at the wheel after having consumed alcohol to a level where his or her driving ability (normal faculties) is impaired. Punishment or penalties in case of a DUI offense differ from state to state. In Florida, a first-time DUI offender can expect to receive lesser punishment compared to a repeat offender.

Potential Punishment or Penalties

A DUI offense potentially carries a jail sentence in Florida. Depending on the specific circumstances of the case, the type of defense put forward by the defendant’s attorney, and whether the defendant is a first-time offender, lesser punishments may be meted out. First offenders, in most cases, are let off with punishments such as a fine, restrictions imposed on the driver’s license, community service, probation, compulsory alcohol counseling or attendance of “Alcoholics Anonymous” meetings, or compulsory attendance of education classes for drunk drivers.

However, in some of the jurisdictions, every DUI offender must serve time in jail. For a first time offender such prison term may be very brief, such as one weekend. In some cases, the DUI offender is required to have ignition interlock equipment installed in the vehicle(interlock device). This equipment requires the driver to clear a ‘breath test’ before the ignition gets unlocked. The DUI offender’s vehicle may be impounded or immobilized in some cases. Often in Fort Lauderdale, DUI courts require a breath analyzer device to be installed at the DUI offender’s home so that the probation officer may ask for random testing via a phone call.

Continue reading "DUI Punishment" »

The procedure of bail hearing in a criminal court according to Fort Lauderdale based criminal attorney William Moore, involves a close examination by the judge regarding the facts and circumstances of the case. Before releasing an individual on bail, the judge or magistrate determines everything that may be required to ensure the appearance of the defendant at trial. The court will pay particular attention to the nature of the offense and see whether it involves narcotics or violence.

The court may also examine the type and value of an asset or property that the defendant may offer as collateral. The extent of available evidence against the defendant also becomes a key factor in deciding bail. The court will review whether the individual was on probation or parole at the time of the current arrest, and if he or she poses any risk to others in the community.

Continue reading "Bail/Bond Hearings" »

Each criminal case is different, and the defenses in each case will vary according to the specific circumstances of the case. The strategy of the defense side in a criminal case is to make effective use of every possible defense to protect the defendant against criminal charges. To obtain a conviction in a criminal case, the prosecution is required to prove the defendant’s guilt beyond a reasonable doubt.

That makes the standard for proving guilt quite tough, and allows the defendant an opportunity to present every possible defense that may contribute to the raising of such reasonable doubt. It is usually a good idea for a defendant to hire the services of a criminal attorney Fort Lauderdale to ensure that his or her rights under the law are fully protected.

Continue reading "Basic Criminal Defense Concepts" »

An arraignment refers to a criminal defendant’s appearance in the court for the formal announcement of charges against him or her. It is typically the first court hearing of a criminal defendant before a magistrate or judge. During the arraignment, the judge may also assess whether the police had a probable cause for the defendant’s arrest. The judge may also ask the prosecutor to provide further facts supporting the arrest. If the prosecution fails to establish a probable cause, the judge will release the defendant. A good article found on arraignment procedures in Fort Lauderdale titled Arrest & Arraignment can be found on our main criminal defense website.

In case the bail has not been set previously, it is likely to be set at the time of the arraignment itself. The bail bond is usually granted in a pre-determined amount, depending on the severity of the criminal charges. In some of the jurisdictions the initial hearing may be followed by a “formal” arraignment, which involves fixing of formal charges or indictment. The prosecutor will draft such an indictment, and the content of the indictment may be different from the charges drafted originally by the police. If you have been arrested you should always consider speaking with a criminal attorney as most offer fre consultations.

Continue reading "Arraignment of a Criminal Defendant" »

If you have been placed under arrest or charged with a crime in Broward County, one of the first steps you should take is to get in touch with a criminal defense attorney practicing in the Fort Lauderdale area. The consequences of a criminal conviction can be particularly severe, and it is usually advisable to defend your position legally with the assistance of an attorney. The attorney can help you understand your rights at every stage of the process of law. Fort Lauderdale criminal defense lawyers can offer you legal advice at any stage. For information about this article contact; Moore Law, P.A. 707 NE 3rd Avenue, Suite 201, Fort Lauderdale, Fl 33304 (954-656-6230).

Continue reading "How to Hire a Criminal Defense Attorney in Fort Lauderdale" »