Florida Criminal Lawyer Blog

Criminal defense lawyers in Miami-Dade, Broward, and Palm Beach Counties have plenty to keep them busy: several of the cities in the south Florida metro area have been ranked among the most dangerous in the country, according to a recent report by CQ Publishing. Florida is overrepresented based on the 2007 data, with several south Florida cities ranked in the top 50. Arrests and crime in general in south Florida are high compared to other parts of the country, although Fort Lauderdale and other Broward County cities did not make it into the top 50 most dangerous cities (at number 66, Pompano Beach was the highest). Miami-Dade and Palm Beach Counties were overrepresented, however.

Miami Gardens, Florida was ranked the 13th most dangerous city in the United States, based on 2007 statistics. The national ranking seems extremely high for a town with fewer than 20,000 inhabitants. The city defended itself, however, noting that it only started operating its own police force very recently – and in response to those same statistics. Previously, the Miami-Dade police had provided all law enforcement services to the young city. Crime in Miami Gardens has reportedly fallen since the city got its own police department and the city anticipates that the trend will continue.

Miami came in at number 35. Criminal defense experts know that poverty is a major indicator of high crime areas. Miami is more susceptible to arrests and crime due to the relatively high rates of economic disadvantage in the city and other factors. Miami joins a number of other large cities on the list.

West Palm Beach was ranked 47th nationally. Interestingly, the data does not account for differing population sizes, which allows a small town like Miami Gardens to achieve an even higher ranking than much larger cities such as Miami and West Palm Beach. West Palm Beach was the only city in Palm Beach County to be ranked in the top 100.

Continue reading " Fort Lauderdale Criminal Lawyer: South Florida Cities Have Worst Crime! " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Police

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You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be provided for you by the government.

These words, or variations on them, have become synonymous with arrests in American culture. Criminal defense lawyers in the Fort Lauderdale area deal with sticky Miranda situations in many cases. Clients from Miami-Dade, Broward, and Palm Beach Counties all want to know: when does a police officer have to read me the Miranda warning and what does it mean?

The Miranda warning came out of a 1966 Supreme Court decision called Miranda v. Arizona, in which Ernesto Miranda’s criminal defense lawyer appealed his client’s conviction for robbery and attempted rape. While in police custody, Miranda confessed to the crimes. The Miranda warning prevents police from taking advantage of suspects who have been arrested or are in police custody. The Miranda Court determined that these protections were necessary to safeguard suspects’ Fifth Amendment right against self-incrimination.

The Miranda warning should be given before interrogation when a suspect is in custody. If a police officer stops to speak with an individual, but that person is free to go, the Miranda warning does not apply. Despite the warning, many criminal suspects choose to submit to interrogation and speak with the police without consulting a criminal defense lawyer. Exercising the rights to remain silent and to speak with a criminal defense attorney is frequently, and perhaps always, in a suspect’s best interest.

Continue reading " Fort Lauderdale Criminal Defense Attorney: Why is the Miranda Warning Important? " »

Posted by William Ryan Moore | Permalink | Email This Post

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A Fort Lauderdale newspaper has reported that a former Lantana, Florida high school drama instructor has accepted a plea deal negotiated by his Fort Lauderdale criminal defense lawyer. Andrew Foster, 28, was a teacher at Santaluces High School when he began dating and having sex with two of his students, one of whom became pregnant as a result. Foster took the girl to obtain an abortion. She reported their activities to police when she was devastated by the discovery that he was engaged in an ongoing sexual relationship with another student. The teen had thought she and her teacher were exclusive couple planning to spend their lives together. Foster was later arrested and charged with two counts of unlawful sexual activity with a minor in Palm Beach County.

Foster’s criminal defense attorney indicated that the second young woman wanted to remain in contact with her former teacher. She testified on Foster’s behalf, telling the court that since she is now an 18-year-old adult, she would like to be allowed to remain in contact with Foster during his prison term. The woman, who is now a college student, told the court that she was not harmed by her relationship with Foster. The court ruled that while the teen may write to Foster, he is not allowed to contact her at all, even in response to any letters she sends. Circuit Judge Lucy Chernow Brown told Foster he is not to communicate with the victim through “skywriting [or]…any way that can be conceivably imagined.”

Under the terms of the plea deal negotiated by the prosecutors and criminal defense lawyers in the case, Foster will spend a total of five years incarcerated. Following his release, he will remain on sex offender probation for another decade following his release. Foster will also be required to submit to lie detector tests and HIV testing, in addition to the restrictions placed on all sex offenders with regard to where he may reside or find employment.

In Florida, unlawful sexual activity with a minor is a sex act between a child aged 16 or 17 and an adult 24 years of age or older. It is a second degree felony, punishable by up to 15 years in prison and/or a fine of up to $10,000 for each count. Foster’s plea deal allows him to spend only five years in prison, with the 414 days he had served while awaiting sentencing counting towards the total.

Continue reading " Palm Beach County High School Teacher Arrested, Accepts Plea Deal for Sex Crimes " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Legal System , Sex Crimes

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Fort Lauderdale criminal defense attorneys have noted an increase in reported "murder suicide" case in Broward and Miami Dade Counties over the last decade. No prosecution in such cases ever ensues for obvious reasons and efforts to deter such crime have yielded no statistical changes.

Investigators in Palm Beach County, Florida have determined that Jessica Kalish was murdered by her former lover, Carol Anne Burger. Burger committed suicide before she could be arrested. Kalish, the 56-year-old woman found dead one week ago in Boynton Beach, was stabbed over 200 times in the head with a screwdriver before Burger abandoned her body in the backseat of Kalish’s BMW. Burger, who was 57, apparently murdered Kalish in a fit of rage on October 22, dumped her body and wallet, and tried to hide the evidence.

Police used chemicals and ultraviolet light to illuminate blood spatters Burger cleaned up in the residence the former couple shared. Based on the amount of blood in the garage, investigators believe Kalish was stabbed to death there. Burger subsequently cleaned up the area and washed her clothes, leaving tiny traces of Kalish’s blood behind.

Kalish and Burger were married in Massachusetts in 2000. They broke up about a year ago, but continued sharing a home. Their relationship continued to deteriorate to the point that the women fought frequently, ultimately leading the murder-suicide.

Had Burger been arrested prior to her suicide, she could have faced the death penalty if prosecutors believed she deliberated before the murder.

Continue reading " Fort Lauderdale Criminal Attorney: Murder-Suicide Rocks South Florida " »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Violent Crimes

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