Florida Criminal Lawyer Blog

According to Broward criminal attorney William Moore, Fort Lauderdale’s crime statistics exceed the national average. Although decidedly less violent than neighboring Miami, violent crime rates in the city of Fort Lauderdale remain an issue, especially during a recession. Crime typically increases when unemployment is high. There are likely to main reasons: first, when people are out of work they may be more likely to engage in criminal activity in the extra time on their hands and secondly, because they have less financial resources, they are more inclined to resort to property crimes, such as theft, robbery, burglary, and particularly shoplifting, according to Broward criminal lawyer Moore.

The most recent year for which crime statistics are available is 2006 and the figures may not accurately reflect current crime trends in Broward County, says Fort Lauderdale criminal defense attorney Moore. For every 1,000 residents of the city of Fort Lauderdale, approximately 67 will become the victims of a property crime in a given year. Likewise, about 10 of every 1,000 people will be violently victimized.

Per 100,000 residents of Fort Lauderdale, there were about 12 murders in 2006. Compared to national statistics, that number is high. Nationally per 100,000 people, there were seven murders. Larceny and theft occurs close to twice as often in Fort Lauderdale compared to the national average, while burglaries happen about 60 percent more frequently. Motor vehicle thefts, meanwhile, are only slightly above the national average: 599 in Fort Lauderdale compared to 502 nationally.

Residents of Fort Lauderdale are more than twice as likely to be robbed. Figures for the city are about 1.5 times higher for rape than national averages, although rape is a traditionally underreported crime regardless of the jurisdiction. Aggravated assaults are somewhat higher than the national average in Fort Lauderdale, at 439 per 100,000 residents compared to 337 nationally.

In general, larger cities tend to see much higher rates of crime than smaller communities. Although the Fort Lauderdale area has higher rates of crime than the national average, the figures do not adequately take into account the fact that Fort Lauderdale is a relatively large city. Small towns and rural areas tend to see very low rates of violent crime. For example, a rural town with only 2,000 residents would be unlikely to see any murders within a given year. Some crimes, like robberies, tend to happen much more frequently in large cities due to the relative anonymity.

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For several months, animal lovers in the south Miami-Dade communities of Palmetto Bay and Cutler Bay have become increasingly alarmed about the slaying of a number of cats in their communities. Each of the 19 cats tied to the animal abuse spree was a family pet, says Broward criminal attorney William Moore. Now, police have made an arrest in the case, although they warn that there may be additional arrests to follow as the investigation into the case continues.

Tyler Weinman, 18, is accused of mutilating the 19 cats. The teen travels frequently between his parents’ separate homes. His father, who is a dentist, lives in Palmetto Bay, while his mother nearby in Cutler Bay. Fort Lauderdale criminal attorney Moore says that charges Weinman is facing are serious: 19 charges of improperly disposing of animal remains, four counts of burglary, and 19 counts of felony animal cruelty. The animal cruelty charges are third degree felonies, punishable by up to five years of imprisonment on each count and carrying mandatory minimum sentencing, which includes fines of $5,000 and at least six months in jail for year charge. If convicted at a trial, Weinman would likely face more than nine years in prison and owe at least $95,000 in fines, says Fort Lauderdale criminal lawyer Moore.

Law enforcement officials began keeping an eye on Weinman several weeks ago, they said, after receiving information from members of the community and tracking his updates on social media websites like Facebook and MySpace. Weinman was reportedly a member of a Facebook group seeking to catch the cat killer. Many community members have expressed relief at the possibility that the person who has been mutilating and killing family pets is in police custody. One animal shelter volunteer was delighted that police have made an arrest, although she noted that “people aren’t letting their cats, or children go outside just yet.”

Miami-Dade Circuit Judge Mindy Glazer set Weinman’s bond at $249,500 at a hearing on Tuesday morning, expressing concern for Weinman’s “safety and the safety of the community.” He is being held in a county jail facility on suicide watch and will be detained for at least two days. Weinman is only 18 and the length of his criminal record is not clear because juvenile arrests and case dispositions are sealed in most cases. He was, however, arrested for possession of marijuana about two weeks prior to his arrest for the cat slayings.

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Former Palm Beach County Commissioner Mary McCarty was sentenced by a federal judge in West Palm Beach to 42 months in prison last week. She reportedly cried during her sentencing hearing and accepted full responsibility for her actions. "My carelessness and irresponsibility have humiliated and humbled me. I never thought of myself as a criminal, but I am,” McCarty told the court.

McCarty, who is 54, was taken into custody immediately and is currently being held at the Palm Beach County Stockade. She is expected to be transferred to Miami in the coming weeks. Currently, McCarty is in solitary confinement at the jail, which may be for her own protection, according to Palm Beach criminal attorney William Moore.

The former commissioner pleaded guilty to conspiring to commit mail fraud, Fort Lauderdale criminal lawyer Moore has learned. In her official capacity, she committed white collar crimes to obtain money for herself and her husband. She accepted money in the form of graft and bribes from businesses and individuals. McCarty also engaged in fraudulent transactions involving local bonds.

According to her plea agreement, McCarty admitted that she did not inform the County Commission of her financial conflicts of interest regarding various matters. Instead, she participated fully, and apparently sought results which were financially beneficial to her. In her required financial disclosures, McCarty filed false or incomplete forms in an effort to hide her financial interests in the matters before the Commission.

McCarty’s husband, Lawrence McCarty, was sentenced to eight months in jail and ordered to pay a fine of $5,000 for his role in the crimes committed by Mary McCarty.

From the stockade, Mary McCarty is still emailing her supporters, through her sister. She reported that the guards are “professional but kind” and that it is “very cold” in her “frozen cell.” McCarty also lamented that she is missing her 29th wedding anniversary with her husband. She also described the food as particularly bad, noting that she has been losing weight since she was taken into custody, and that she spends her one hour outside of her cell every day making collect phone calls to her family members.

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The Florida Attorney General’s Office has been conducting a statewide crackdown on child sex crimes perpetrated using the internet, says Broward criminal attorney William Moore. Called “Operation Orange Tree” by officials investigating the alleged criminal activity, the investigators rounded-up dozens of accused offenders on Tuesday. In an announcement in Tallahassee, with John Walsh present to show his support for the crackdown, the state government announced that it had apprehended and arrested 77 people suspected of engaging in illegal activity related to child sexual abuse and the internet. Of those, 17 allegedly had video guides to molesting children without getting caught in their possession, and four were already listed as registered sex offenders. All of the suspects who have been arrested are men. Several victims have been located, including a teenaged girl who has told police about her sexual abuse over the past decade. Operation Orange Tree took place over the last ten weeks, said Attorney General Bill McCollum.

Five of those arrested are in Broward, Palm Beach, and Miami-Dade Counties, says Broward criminal lawyer Moore. Miami-Dade resident Michael Sandoval, 35, has been charged as a result of the investigative operation, as have Samuel S. Jones, 42, of Broward County, and Eric Colin Super, 31, and Timothy J. Eliot, 21, both of Palm Beach County. All have been charged with at least one count of possession of obscene material. The nature of the materials and whether they depicted children is not yet clear.

John Walsh has been publicly involved in this venture due to his fame and because of his personal interest: his son Adam was kidnapped from a south Florida shopping center in July 1981, when the six-year-old was shopping with his mother. Part of his body was later located in an area canal, 120 miles north of the initial abduction. John Walsh is famously the host of the television show America’s Most Wanted, a television crime show that has been running for 22 years. Walsh and his wife co-founded the National Center for Missing and Exploited Children; both have been longtime advocates for children and safety. Serial killer Ottis Toole is believed to have been Adam Walsh’s killer, according to the Hollywood Police Department, which closed his case in December 2008. Toole died in prison of cirrhosis, a liver condition, in 1996 at the age of 49, but he had confessed and later recanted to Adam’s murder while he was alive.

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When most people think of graffiti, they conjure up images of crudely scrawled words and messages in spray paint in an inner city neighborhood or perhaps the New York City subway. Graffiti has changed to a large degree, however, and many graffiti artists are proud of their work, says Broward criminal defense attorney William Moore. They may go to great lengths to paint works that they believe are beautiful and which are certainly artistic, even “signing” their names – with a signature symbol or an illegible name or initials. Many are believed to like the recognition associated with the artwork, although they probably do not want to be charged with vandalism or criminal mischief.

Graffiti is extremely controversial, notes criminal lawyer Moore, and it has been hotly discussed by the Hollywood, Florida City Council in recent weeks. To many members of a community, it is vandalism, the defacing of property belonging to another or belonging to the government. The artistic value is minimal to those in that particular school of thought. Additionally, anti-graffiti community members tend to be concerned about other ramifications. The art form has long been associated with hip-hop music, as well as criminal gang activity. The gangs may use graffiti to denote the boundaries of their “territory,” a problem associated with increased violence and crimes. In Hollywood, this occurred recently when young graffiti artists were apprehended while “tagging” the water tower.

Other people see graffiti more as a form of public art. These proponents believe that graffiti as an art form can be an outlet for the community. Belfast, Northern Ireland, had public graffiti space during political and religious strife; Los Angeles has also had the same concept in ethnically and racially diverse areas. Likewise, the Berlin Wall was extensively covered in graffiti that expressed political messages.

Some graffiti artists have become relatively famous. An artist’s technique may not be limited to simply spray-painting his initials or nickname all over town, an oft-condemned practice known as “tagging.” Instead, he may use carefully cut out stencils, or even erect a colorful mural over a period of days. Tagging and other quick graffiti practices have gained favor because time is of the essence to a graffiti artist. After all, the less time an artist spends painting, the less likely it is he will be found out and arrested by law enforcement officials.

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Broward criminal attorney William Moore has dogs. He sympathizes with those who lose their pets. In Lauderhill, near Fort Lauderdale, a suspected cat-killer has made residents frustrated and angry. Law enforcement officials stress that it is not yet clear who or what is responsible for the rising toll of cat deaths in south Florida.

Fort Lauderdale criminal attorney Moore says that some high-profile murderers got their start with animal cruelty. It is not even clear that a person was involved in the Broward County cat slayings, although officials in Miami-Dade believe there is a human perpetrator involved in the cases there. Since April, cat owners in Palmetto Bay and Cutler Bay, in southern Miami-Dade County, have been finding their kitties mutilated, apparently tortured, and dead, often in their own front yards. The Dade County total exceeds 25 reported cat killings in the past two months.

Meanwhile, Lauderhill residents have been alarmed recently as family cats have turned up dead in their neighborhoods, as well. Broward County officials were cautious to link the mutilated cats in Palmetto Bay and Cutler Bay to those killed in Lauderhill, however, citing the possibility that a pack of dogs was responsible for the Lauderhill deaths. Lauderhill investigators say that a pack of medium sized dogs, each weighing about 30 to 40 pounds, may have been responsible for the deaths of those family pets.

In Miami-Dade, however, investigators are looking for a human, as the cat death toll mounts and animal lovers have become enraged. The bodies of family-owned cats have been found skinned, often sliced across the stomach and disemboweled. Each cat died from its injuries, causing anguish to the owners. The dead cats were then placed in the front yards of their owners, for the family to find.

Animal control officials and private animal welfare organizations alike are urging families with cats to keep their pets inside. Additionally, several organizations and private individuals are offering financial rewards for information leading to the capture of the cat killer. Currently, rewards total at least $12,000 if he or she is apprehended. Law enforcement agencies in both counties have received a number of tips, but none have culminated in an animal cruelty arrest so far.

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Broward criminal attorney finds it interesting how the media and the general public fixate on certain crimes, while many more go unnoticed and, in many cases, unsolved and unpunished. In the 1990s, several high-profile cases captured the attention of the masses, including the O.J. Simpson murder trial and the death of JonBenét Ramsey. Fort Lauderdale criminal attorney Moore believes that those cases received the kind of media attention that Casey Anthony has been receiving over the past months.

JonBenét Ramsey was a little girl who lived with her family in Boulder, Colorado. Born in 1990, she became a star in the beauty pageants for her age group. JonBenét was reported missing on December 26, 1996, after her mother Patsy apparently found a ransom note in the family’s home. The note demanded $118,000 for the child’s safe return. The figure was the same amount as a bonus John Ramsey, JonBenét’s father, had received from his job. When police and family members were searching the home hours later, John Ramsey found his daughter’s body underneath a blanket in the basement.

The police allowed the Ramseys’ friends and family members in and out of the home for hours after it was determined to be the scene of a crime, a move that has earned the Boulder police department significant criticism about their failure to protect the integrity of any evidence. The investigation focused early on the Ramseys, which also possibly prevented the appropriate gathering of evidence at the time. At least some investigators believed from the beginning that the Ramseys were responsible for their daughter’s murder, even developing the theory that her mother had killed her after becoming enraged that the little girl had wet the bed.

Years later, the Ramseys are no longer suspects. Patsy Ramsey has died and the District Attorney notified John Ramsey last year that she was “deeply sorry” for the scrutiny and harm they had endured. New evidence, particularly DNA found on JonBenét’s clothing items years after the initial crime, has completely cleared the Ramseys and they are no longer considered to be suspects in the murder.

Unfortunately, Fort Lauderdale criminal defense attorney Moore says that many crimes are never solved. The shoddy police work that occurred in the Ramsey case can happen when investigators prematurely hone in on a potential perpetrator, which can lead to the failure to observe or preserve contrary evidence – evidence which could not only lead to the real perpetrator, but also exonerate another suspect.

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Broward criminal attorney William Moore has been researching the prominent criminal cases Judge Sonia Sotomayor, who was nominated yesterday by President Obama to serve as Justice Souter’s replacement on the United States Supreme Court, has ruled on in her years as a federal judge in the Southern District of New York and the Second Circuit Court of Appeals. Although Judge Sotomayor is perhaps best known for her ruling in the 1994 Major League Baseball strike, she has also decided several important criminal cases.

Fort Lauderdale criminal attorney Moore is particularly interested in her record on search and seizure issues. She held that a New York City ordinance which impounded the vehicles driven by people who were suspected of driving under the influence was unconstitutional, because it did not allow a procedure to challenge the impoundment – even after many months had elapsed and even when the charges had been reduced.

Judge Sotomayor dissented from the majority in a case dealing with the use of strip searches. Teenaged girls who were being held in a juvenile detention center were subjected to strip searches without cause. Although Judge Sotomayor found that some of the strip searches were conducted constitutionally, only those that were conducted with “individualized suspicion” were legal. Individualized suspicion is the concept that the authorities must have a reason to believe that particular person was engaged in wrongdoing. Therefore, the juvenile detention center could not conduct strip searches of the adolescent girls when there was no reason to have individualized suspicion with regards to some of the girls strip searched.

On a different type of search case, Fort Lauderdale criminal attorney notes that Judge Sotomayor also supported the concept of individualized suspicion when conducting a search. In that case, an employee of the federal Department of Transportation was suspected of “work-related misconduct.” Therefore, the agency conducted a search of his office computer. The employee was subsequently fired based on the information found in the search.

Sotomayor, if confirmed by the Senate, will be the first Latina and only the third woman to ever sit on the Supreme Court. Her confirmation hearings are expected to occur this summer, in advance of the next Supreme Court session, which begins in October. Sotomayor grew up in the housing projects of the Bronx and, despite her Ivy League education, is considered to have a different background than any of the current Justices.

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Broward criminal attorney William Moore knows that theft cases are not always clear-cut. Whether the alleged crime is a simple shoplifting incident, an armed robbery, burglary of an occupied dwelling, dealing in stolen property, or some sort of kleptomaniac rampage, he is prepared to provide reasoned legal counsel for every case. Although ten or fifteen years ago credit card fraud was not unheard of, it has increased significantly in the past few years. In particular, identity theft has spiked, and businesses and consumers have continued to look for new measures to guard against identity theft, as well as solutions for those who fall victim to it. Palm Beach criminal lawyer Moore believes that people who commit identity theft have a myriad of reasons for doing so, depending on the particular person. While some may be motivated by simple greed, and may even launch an entire identity theft and credit card fraud operation, others may simply be unable to afford items that they want or need during a recession, and give into their impulses.

Identity theft has only been a federal crime since 1998, which speaks to the new nature of the problem. Congress decided to act after a man, who was already a felon, stole the name and personal data of another individual. The felon racked up in excess of $100,000 of debt from credit cards in the name of his victim, even securing a mortgage through the FHA program insured by the federal government and purchasing guns and vehicles. Later, the felon filed for bankruptcy in the name of the victim, an act that can destroy a person’s credit for years. The felon even made telephone calls to the victim to harass him. Although the victim and his family were forced to spend thousands of dollars and several years attempting to rectify the situation, they were never awarded restitution. Instead, the felon was convicted of making a false statement to procure a firearm and no other charges. Under the new federal legislation, he would almost certainly face tougher penalties.

Broward criminal lawyer Moore notes that identity theft can begin in many ways: some email users, for example, respond to “phishing” emails, which are bogus messages purporting to be from a financial institution or other trusted business. A link in the email takes the user to a website that looks very similar to the site of the business the user knows. There, the fake website will request personal identifying information from the user. Other culprits can include “preapproved” credit card solicitations, which a criminal rummaging through the trash could locate and take upon himself to activate. If he arranges for the bills to be sent to a different address than the victim’s home, the victim may not become aware of the existence of the account until it is already in default or has been sent to a collections company.

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Broward criminal lawyer William Moore believes that sex crimes are among the most difficult – both to sufficiently prove and to defend against. While that may seem like a contradiction, sex crimes are particularly difficult cases for prosecutors and criminal defense attorneys alike. On one hand, the state attorney’s burden of proving a crime beyond a reasonable doubt is difficult in most scenarios: frequently, the only person who can provide testimony pertaining to the actual crime is the victim. This is a problem that prosecutors also often face with domestic violence cases – there is a “he said, she said” element. Although judges and juries are free to weight the credibility of testimony, a single person’s account of events is difficult to rely upon alone to send a person to prison without corroborating evidence.

The strongest prosecutorial cases are those which have additional evidence beyond the victim’s (or victim’s parents’) and a police officer’s testimony in court. The testimony of wholly unbiased witnesses who can corroborate portions of the victim’s account will make the overall story significantly more reliable. For example, if the victim testifies that she was pushed against her will into a classroom at a university, where she was then sexually assaulted, the victim’s description of events becomes more believable if a professor saw her on the same floor either before or after the alleged assault. Likewise, physical evidence, especially DNA, is an extremely powerful tool for a prosecutor to use – when available – the meet the state’s burden of proof. Another factor that makes sex offenses more difficult to prove is the fact that when they occur, they are often not reported until later, perhaps weeks or months. This delay hampers the investigation by law enforcement and their efforts to gather evidence.

From the perspective of a criminal defense lawyer, a sex crime accusation – especially for crimes involving children – may taint a defendant’s credibility in the eyes of a jury, despite their best efforts to remain unbiased. The heinousness of a sex crime can leave a jury looking for someone to blame and it is important that they are instructed carefully about the state’s burden. The consequences of a wrongful conviction for a sex crime are far-reaching and include placement on the Florida sex offender registry. For those individuals whose past actions meets certain standards, such as the propensity to prey on children, they will be labeled sexual predators and remain on the list permanent. For others, they will like spend a minimum of 25 years on the registry, even if they never commit another crime again.

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Fort Lauderdale criminal attorney William Moore is well-aware of the dangers of human trafficking. Smuggling often results in individuals desperate for a better life attempting to immigrate to the U.S. in sub-par conditions. Just a few days ago, a boat off the coast of Boynton Beach in Palm Beach County capsized, resulting in the drowning deaths of at least 10 people. The United States Coast Guard was not alerted to the problem for a number of hours after the small, overpacked vessel turned over in the middle of the night, and rescue operations did not commence until the smuggled individuals had been in the Atlantic waters for approximately nine hours.

Now, Broward criminal lawyer Moore says federal agencies are beefing up their anti-smuggling operations around the waters of south Florida. In particular, the United States Customs and Border Protection has one of only two planes in existence that can closely track vessels in the water. According to the agency, the airplane is capable of capturing close-up images of the faces of people aboard a vessel from 10,000 feet in the air. It can also capture video of the smuggling operation as it attempts to come to shore in Florida. The plane is capable of tracking the routes of about 5,000 such vessels all at one time. The equipment tracks vessels leaving Cuba, comparing the travel plans previously filed to the actual path, and can alert the U.S. Coast Guard to dispatch its nearest vessel as soon as the boat or ship begins to deviate from its plan.

Current, the airplane travels high above the water between the Bahamas and the south Florida coast. The computer aboard the plane can quickly sort through the various vessels in the ocean, labeling freight ships, military vessels, and other types of ships or boats. By doing so, its operators can quickly narrow in on the types of vessels more likely to smuggle human beings or drugs. Radar expert Blake Page likened the computer’s capabilities to “an air traffic control system for the ocean.”

The only other plane carrying the $15 million software belongs to the Department of Defense. Computers equipped with the new software are expected to be loaded onto four more Dash 8 airplanes soon. A Dash 8 can stay in the air almost twice as long as the King Air, which is carrying the current anti-smuggling computer. The Dash 8 airplanes come at a cost of $28 million per plane, but come with improved satellite capabilities to complement the software’s functions.

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Michelle Braun, 31, is reportedly nearing a plea deal for the federal charges of money laundering and transporting a person across state lines for the purposes of prostitution, Broward criminal lawyer William Moore has learned. Braun is accused of working as a “madam,” running a high-profit, high-profile escort service in California. Throughout, Braun apparently resided in south Florida. Fort Lauderdale criminal attorney Moore says that she has had hundreds of thousands of dollars seized by the government at this point in time, although federal prosecutors believed she earned millions during her tenure with her business Nici’s Girls.

Nici’s Girls was featured in prominent publications, including Rolling Stone magazine. Many of the escorts who worked for the business were models or women who worked in the porn industry. Broward criminal defense attorney Moore says it is not surprising that her client list, which the government found by seizing two cell phones and Braun’s laptop computer, includes Hollywood stars and famous athletes. Braun is originally from Bakersfield, California, but has apparently resided in Florida for several years.

Braun has faced several unrelated criminal charges in Florida in the past. In 2004, she was arrested for animal cruelty after locking a dog in her vehicle at the Boca Town Centre mall. The dog, which became ill due to the heat, eventually recovered. The following year, she was charged with failing to appear in court. In 2007, she was charged with possession of cocaine and drug paraphernalia. The drug charges were dropped last month.

As part of the plea deal Braun is expected to enter into later this month, she will be sentenced to five years of probation, with six months of house arrest. She will also be fined $30,000 and have to cooperated with the Federal Bureau of Investigation and the Internal Revenue Service. Currently, Braun shares custody of her two children, ages six and eight years old, with her former husband. The couple divorced in Broward County in 2006.

The charges against Braun have prompted media comparisons to Heidi Fleiss. Fleiss, sometimes known as the Hollywood Madam, served nearly two years in prison for tax evasion after law enforcement officials unraveled her prostitution ring. Fleiss has since become a successful businesswoman.

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Posted In: Sex Crimes

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