Florida Criminal Lawyer Blog

Broward County Arrest Warrants - Requirements
When issued, the arrest warrant must (1) be directed to a law enforcement official, (2) name the accused or set forth a description by which the accused can be identified with reasonable certainty, (3) describe the offense charged, (4) command that the accused be arrested and brought before a court of appropriate jurisdiction in the city, county, or town in which the alleged offense was committed, and (5) be signed by the issuing officer.

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Ernesto Miranda, the defendant who took an appeal all the way to the United States Supreme Court after his arrest was ultimately convicted of the same crime at his second trial. Furthermore he was ultimately murdered at a bar following his release from prison. When advised of his right to remain silent, his killer exercised his right to refrain from incriminating himself thanks to the very protections that his victim was responsible for establishing.

To see a photo of Miranda himself check out Ernesto Miranda.

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An "assault,"or "simple assault," is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Thus, the statute requires proof of three elements: (1) an intentional, unlawful threat; (2) an apparent ability to carry it out; and (3) creation of a well-founded fear that the violence is imminent.

Continue reading "Assault" »

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The criminal defense attorneys & support staff of William Moore, P.A. wishes all of their clients, Courthouse personnel and Judges a merry holiday season. Our offices will be closed from December 24th to the 29th, however, we will have attorneys available by cell phone in the event of an emergency. For criminal arrests in Broward County, the hotline number is 954-993-5935. For Palm Beach County call 561-802-9001. Existing William Moore, P.A. clients may simply call the main number at any time and they will be forwarded to an attorney immediately.

William Moore reminds everyone to be safe this holiday season and we look forward to seeing you in the new year!

The William Moore, P.A. Staff
One Financial Suite 2500
(Additional Offices & Locations in South Florida)

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Broward County Criminal Attorney Forum – Larceny & Embezzlement

We recently received an email from a Broward County individual asking as to make the distinction between larceny and embezzlement.

An important clue to distinguishing among larceny, embezzlement, and false pretenses, is the victim's state of mind regarding the property. In larceny cases, the victim intends either to pass nothing or to pass mere physical custody of the property. In embezzlement cases, the victim intends to entrust temporary possession of the property to another (most often an employee). In situations involving false pretenses, the victim intends to give up all rights to the property by passing title and possession to another.
In all three forms of theft, the defendants must have an intent to deprive another of the property permanently. The defendants, however, can be distinguished by their conduct when initially acquiring the property.

The criminal attorneys at William Moore, P.A. handle all theft crimes and are available to discuss your criminal charges at our West Palm Beach, Broward County or Miami-Dade offices. A criminal charge should not be taken lightly and clients are advised to speak with several criminal attorneys before deciding who is right for them.

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As criminal defense attorneys we deal with defending theft crimes on a regular basis. More often than not, we are asked to explain statutes pertaining to the knowing acceptance of property that is known to be stolen. Receipt of Stolen Property Stolen property includes property acquired by larceny, embezzlement, false pretenses, or any other form of theft recognized by the particular jurisdiction. Receipt of stolen property may be by actual or constructive possession because a defendant who exercises control over the property has received it, even if the defendant never physically touches the property. For example, a "fence" instructs the thief to deliver the property directly to a customer who will pay the fence for the property. The fence, while never touching or even seeing the stolen property, has controlled (constructively possessed) it by arranging for its sale. On the other hand, a person may come in contact with stolen property but not control or receive it.
For more information on theft statutes, contact criminal defense attorney William Moore for cases in Broward County and criminal attorney Andrew Alitowski for criminal cases in West Palm Beach.

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Any Fort Lauderdale criminal attorney will tell you that an unlawful touching in a battery may involve direct body-to-body contact or an indirect touching by some instrumentality used by the defendant. The defendant causes a touching by launching any force in motion whether it be a thrown knife, a driven car, or a dog ordered to attack the victim. In a few situations, omission—the failure to act when faced with a duty to act—might cause a battery. Although Florida has specific statutes dealing with child neglect, a parent's failure to protect a child from an unlawful touching might result in criminal charges for battery upon the child.
Note that when a battery is attempted but no contact or harmful touching occurs, an individual may be charged with assault.

Criminal Defense Attorney Daily Review -

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In Broward County, crime scenes can be considered primary or secondary. The primary scene is where the crime actually occurred, while any subsequent scenes are deemed secondary. In a bank robbery, the bank would be the primary scene while the getaway car and the thief's hideout would be secondary scenes. Or, if a killer commits a murder at someone's home, but transports the victim's body to another location, such as a river for disposal, the home would be the primary scene and the perpetrator's car and the river would be secondary scenes. Primary scenes typically yield more usable evidence than secondary scenes, but not always.
Sometimes only a secondary scene is available. If a body is found at a "dump site," this would be a secondary scene. The primary scene, where the murder actually occurred, is not known. Broward County investigators use the evidence found at the secondary scene in an attempt to identify the killer or to locate the primary scene. For example, fibers from an expensive or unusual carpet may be found on the victim. Investigators might be able to use this evidence to identify the manufacturer and the seller and ultimately to create a list of buyers or locations where that particular product has been installed. This may greatly narrow the focus of the investigation and may lead to the primary crime scene and the perpetrator.

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As a Criminal Lawyer in Fort Lauderdale, I have found that a prosecutor's proving drug use in seeking a DUI conviction is far more difficult that straight alcohol cases. In Broward County, the case filer will always charge alternatively (i.e. alcohol/controlled substances).

In Fort Lauderdale, if a person is taking prescribed medication under the direction of a licensed physician, and the operation of a motor vehicle is not recommended, then a person should not lawfully drive if under the influence of same. Additionally, where there is no prescription, the substance is illegal, or a physician does not authorize driving, then a motorist can be prosecuted and convicted of DUI where it can be proven that that drivers faculties were impaired. Remember, this rule also applies to over-the-counter drugs.

Fort Lauderdale Criminal Lawyer's Legal Definition:
Although there is no case law defining the parameters of what constitutes a drug, the element of proof is whether the substance impaired driving abilities to any extent. If a motorist is buzzing from a caffeine high, the state could prosecute the person for drunk driving. In one instance, a person was convicted for lawfully using insulin.

Consult with a Pharmacist in Fort Lauderdale:
It is always best to consult with your treating physician or regular pharmacist regarding the safe operation of a vehicle or whether specific medications can be consumed with alcohol. If there are warnings against the consumption of alcohol, it is more likely that criminal charges will be brought under the drunk driving statute, even though the medication was prescribed.

Fort Lauderdale Criminal Lawyer on Determining Drug Use: The NHTSA established eight field sobriety tests to determine drug usage: horizontal gaze nystagmus (HGN), pupil reaction, pupil size, standing steadiness, one-leg stand, walk-the-line, finger-to-nose, and pulse rate. Officers also consider skin marks, apathy, drowsiness, and hyperactivity. Although relatively accurate indicators of drug use, the reliability of the results is contingent upon the training and experience of the officer administering the tests.

Continue reading "Criminal Lawyer in Fort Lauderdale on Proving Drug Use (DUI)" »

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Driving under the influence, or DUI, is a serious crime in the state of Florida, according to Fort Lauderdale criminal attorney William Moore. DUI occurs when a person operates or is in actual physical control of the vehicle – even if the keys are not in the ignition or if you are asleep in the vehicle or parked and not moving – and is impaired by the usage of alcohol or drugs. Fort Lauderdale criminal attorney Moore notes that a person can be arrested for and convicted of DUI if he or she has a blood or breath alcohol concentration of 0.08 percent or higher or if the person is actually impaired, regardless of the amount of the substance in his or her bloodstream. Further, a person who is not yet the legal drinking age, 21 years, will be presumed intoxicated for the purposes of the DUI statute if his or her BAC was 0.02 percent or higher. One of the most common reasons police officers stop vehicles on suspicion of driving under the influence is failure to maintain a single lane.

The crime of DUI is one that results in harsher sentencing if you have one or more previous convictions for DUI/DWI. The time frame is also relevant – if it is your second DUI within five years or your third within 10 years, the charge is more severe. Other factors may worsen the sentence, either by statute or at a judge’s discretion. For example, Fort Lauderdale criminal lawyers note that driving with an especially high blood or breath alcohol concentration – 0.15 percent or more – triggers enhanced sentencing. Likewise, driving drunk with a child in the car is a factor the judge will take into account.

Refusing a breath test can have serious ramifications. Under Florida’s implied consent law, Fort Lauderdale criminal lawyers explain that drivers are generally required to provide a breath, blood, or urine sample if law enforcement authorities have reason to believe that they are impaired. The first time you refuse a breath alcohol test, or breathalyzer, results in an automatic suspended driver’s license for one year (although the driver can request an administrative hearing on the matter). If the same driver is later suspected of DUI again, refusing to provide a sample becomes a criminal offense. Unfortunately, because there are serious questions regarding the calculations made by the breathalyzer machine, some drivers are uncomfortable relying on a machine that they believe is not always accurate.

The following video was not produced or endorsed by Fort Lauderdale criminal attorney William Moore:

Continue reading "Fort Lauderdale Criminal Lawyers on Driving Under the Influence" »

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Criminal Lawyers in Palm Beach County know that at the scene of a major crime, a uniformed officer is assigned to maintain a logbook at the entrance to the scene. The logbook is used to record the names, dates, and times of those persons entering and exiting the sealed area. This record is necessary for future comparison of evidence, such as footprints. The log is admissible in court as an accurate depiction of events, such as the removal of the body by the medical examiner's office and the arrival and departure times of investigators.

Palm Beach criminal lawyers often argue that traffic through a crime scene both removes and destroys evidence that may have exonerated their client. It's also argued that this same traffic can add unwanted items that could be mistaken for evidence.
Reporters, investigators and other individuals at a crime scene bring with them hair, fibers, dirt and other substances that have to ability to contaminate an area being investigated. This is especially true where DNA is being collected. Criminal defense attorneys in Palm Beach as well as in the rest of the country argue this point to no end.

In Palm Beach County uniformed officers should always be stationed outside and around a crime scene to prevent anyone who isn't a police officer from entering. Failure to do so can significantly impair the accuracy of any evidence collected. Crime scene tape is often used as a barrier; however, other items can and should be used as well, such as folding road signs, police vehicles, and even people.

As is to be expected, homicide scenes inspire passionate emotions, especially from family and close friends. Often family members feel they have the right to be inside a house, or particular piece of property, where their loved one was killed. Entrance by any civilian can significantly affect the ultimate outcome of the entire case.

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The first officer on the scene of a homicide, or any crime scene, is most often a uniformed patrol officer. The Fort Lauderdale dispatcher receives a 911 telephone call, and he assigns the case to the next patrol officer on the rotation. Depending upon the severity of the crime and the danger level, more than one officer may be assigned to the same case.

Upon his or her arrival at the scene of a crime, a responding officer must first, if necessary, defend herself or others against attackers. It's then his or her responsibility to provide first aid to the injured and protect the scene and the remaining victims, or witnesses, from harm. It's her duty to make the necessary arrangements to contact emergency personnel, the medical examiner, the crime scene investigation team, and the detectives on duty or on call.

In Fort Lauderdale each patrol car is equipped to properly safeguard a crime scene, and each responding officer should have the knowledge and ability to process the entire scene in the event that all detectives or crime scene investigators are busy elsewhere. The following basic crime scene equipment can be found in each responding police vehicle:

Fort Lauderdale patrol officers carry basic crime scene equipment in the trunks of their vehicles.
• consent-to-search forms
• crime scene barricade tape
• personal protective equipment
• first aid kit
• paper bags
• flashlight
• flares
• notebook or note pad
• tape recorder
• camera
• plastic bags
• knife/scissors
• tape measure
• traffic cones
• hand cleaner
• cell phone

As a criminal lawyer in Fort Lauderdale, Florida, I have had the occasion to review hundreds of cases that have involved some form of evidence collection at a crime scene. Every crime scene is different, each with varying levels of procedural guidelines that must be followed. In the last decade we have seen significant changes in the way that law enforcement engages in this activity due to the fact that a mistake in evidence collection can prove to be devastating to the criminal prosecutor's case.

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