Florida Criminal Lawyer Blog

Broward criminal lawyer William Moore’s clients are always informed about the private nature of their conversations with him. Attorney-client privilege or confidentiality has two components. First, there is the confidential nature of conversations between a client and his Broward criminal lawyer. The criminal defense attorney cannot share information that the client tells him in the talks that they have privately or with only necessary legal office staff present without the client’s permission. Generally, a Fort Lauderdale criminal attorney will only have reason to disclose that information insofar as it is necessary to build his client’s case. For instance, Broward criminal attorney William Moore’s client X is accused of robbing Y at 9:00 p.m. on the corner of L and M Streets. However, X says that there is no way he could have been the robber, because he was with his pal T at that time. In most cases, X would give his criminal defense lawyer permission to contact T to verify the alibi. The Broward defense lawyer could not call up his friend Q to tell him about the all of the juicy stuff X said for his own entertainment.
(Fort Lauderdale Criminal Lawyer Source)

The second kind of attorney-client privilege is related to evidence in court. A lawyer who currently represents or formerly represented a client cannot testify against that client in court without the client’s express permission. Only the client can waive the privilege, not the attorney.

The main loophole in attorney-client confidentiality is known as the crime-fraud exception. If a Broward criminal lawyer’s client told him of her plans to blow up Dolphin Stadium when the Patriots come to town, the lawyer can and should disclose that information to prevent the commission of the crime. Information a client tells her lawyer about crimes or fraud she plans to perpetrate in the future are not confidential, although past misdeeds are. A criminal defense lawyer should always avoid having their advice used to formulate future crimes.

The issue of lawyer-client confidentiality is in the spotlight right now in a murder case in Broward County. An inmate charged with murder made calls to his attorney from the Broward jail, which were recorded and subsequently sent to prosecutors, who listened to the tape. Now, the criminal defense attorney and the prosecutors are fighting in court about whether or not the murder trial should continue. The defendant’s lawyer says that the two discussed legal strategy and that the defendant is too prejudiced by this development for the trial to continue. Meanwhile, the prosecutors have argued to the court that the defendant waived confidentiality by answering ‘yes’ to automated prompts indicating that the call was being recorded. Generally, calls to phone numbers lawyers list with the Florida Bar are not recorded, but the lawyer had provided the client with a different number.

Continue reading " Broward Defense Attorney: Attorney-Client Confidentiality & Monitored Phone Calls in Broward Jail " »

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Posted In: Murder

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Palm Beach criminal lawyer William Moore recently learned of an unfortunate crime that took place last week. According to the Boynton Beach police, a Palm Beach County man has been arrested following a criminal incident at a local nail salon last week. The police say that Philip Kirson, a 60-year-old resident of a nearby Boynton Beach subdivision, came in the back door of Pro Nails salon at about 9:30 in the morning. The salon is located in the Quantum Village in the 1000 block of Gateway Boulevard.

Kirson inquired as to whether the nail salon did nails for men. After the manager assured him that male clients are welcome, Kirson’s demeanor changed suddenly. Kirson held up a knife, demanding that the Pro Nails manager give him the money in the store. The manager told Kirson that there was not yet any money in the cash register because it was so early in the day, but Kirson nonetheless pushed his way to the front of the store. He struggled to open the secured cash register.

Meanwhile, two of the nail salon’s employees escaped from the salon. The manager stayed behind with the man bent on robbing the store. As one of the salon employees contacted police from a nearby Publix, the manager threw a chair at Kirson. The chair apparently scared Kirson, who fled the store without any money.

The brazen Pro Nails manager followed Kirson out of the store and threw a shoe at him before he left in his white Toyota Celica. Police were able to locate Kirson very quickly following the report, catching up to him on his way back to his residence in the Village Royale on the Green, less than a mile from the Pro Nails location. As police approached the vehicle, Kirson took the knife he had wielded at the nail salon and plunged it into his stomach. He was transported by ambulance to the Delray Medical Center and was listed in stable condition and expected to fully recover.

Police said that Kirson is unemployed, which may have been a motivating factor. Criminal charges for attempted armed robbery are pending against Kirson and it is unknown if he is currently represented by a Palm Beach criminal defense attorney.

Continue reading " Palm Beach County Criminal Attorney: Boynton Beach Man Attempts to Rob Nail Salon, Stabs Self Following Pursuit " »

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Posted In: Violent Crimes

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Broward criminal lawyer William Moore has experience in a broad range of criminal issues as a private Fort Lauderdale criminal defense attorney and as a former prosecutor and public defender. Lawyers and policymakers fall all over the map when evaluating the appropriate punishment for any crime. For some, significant mandatory jail time for first-time DUI offenders makes perfect sense due to the inherent danger in drinking and driving, while others think that it should be treated more like a traffic offense as long as no one was hurt. Likewise, Broward County residents do not all agree with the current criminal nature of so-called “victimless crimes.”

Victimless crimes are those in which the people involved completely consent to the criminalized activity and, in their view, do not harm others when they engage in it. Prostitution is a good example. A high-dollar Miami call girl may believe that her lifestyle as a sex worker is completely legitimate. After all, she agrees to perform the services and negotiates the prices. The work may allow her to live a lifestyle she would otherwise be unable to afford or she may simply like the independence offered by setting her own hours. Some women’s rights activists believe sex work should be decriminalized because it empowers women to make choices about their own bodies. The industry could be regulated and the sex workers tested frequently to prevent the spread of disease. On the other end of the spectrum, equally ardent supporters of women’s rights argue that the woman herself is the victim when she sells sexual services on the streets of Fort Lauderdale. That image is easier to envision when women who are addicted to drugs perform sex acts for minimal compensation, without protection from pregnancy or STDs, and at the behest of an abusive pimp.

The criminalization of drug use, especially “soft” drugs like marijuana, is another contentious issue. Supporters of continued criminalization cite marijuana as a “gateway drug” that leads users down a path to abusing harder drugs, like heroin. They do not want more drivers on the roads sunder the influence of any drug, and point to negative effects like aggravating mental illnesses and the loss of ambition or drive that some heavy users may experience. Advocates of decriminalization tout the benefits of marijuana from a medicinal standpoint, especially for terminally ill patients, those who suffer from chronic pain, and people with glaucoma.

Although California has notably made marijuana legal for medicinal use, the usage of marijuana remains a federal crime throughout the entire United States. Prostitution is legal in parts of Nevada, where government-regulated brothels dot the desert landscape in some areas. For now, both prostitution and soft drug use will almost certainly remain criminal in south Florida.

Continue reading " Broward County Victimless Crimes: Should Prostitution and Drug Use Really Be Crimes? " »

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A Miami woman is facing a misdemeanor criminal charge of filing a false police report on Christmas Day, according to Miami-Dade police, who did not indicate if she is represented by a criminal defense lawyer. Meagan McCormic, who is 22, was arrested today after detectives unraveled her tale about her missing son. McCormic called Miami police yesterday to report that her small child had disappeared.

According to Miami-Dade police, McCormic became pregnant approximately a year ago. She subsequently had a miscarriage, but she did not inform her long-distance boyfriend John Buchness, who resides in Boston. McCormic hoped that his belief that he had a son with her would keep him involved in her life. Otherwise, she thought, he would leave her. Instead of disclosing the details of the miscarriage, McCormic continued the lie, even telling Buchness that she had given birth to their son. She named the child Riley Buchness.

McCormic panicked when Buchness was to visit over Christmas and, rather than come clean to her boyfriend, she decided that making Riley disappear would be a better course of action.

McCormic apparently went to great lengths to fabricate the story before confessing to police who pressed her on inconsistencies in information she provided. She purchased baby clothes and provided officers with images of a baby she found online. She reported that she had left the boy with Camile, a French nanny. When Buchness arrived for the holiday, McCormic explained that Riley was with the nanny, who had provided child care for months. Later on, Camile failed to arrive as expected, and Buchness and McCormic eventually reported the child missing when they could not find her or Riley. Police issued a missing child Amber Alert using one of the photos McCormic lifted from the internet. Miami investigators described Camile as having a thick French accent and driving a red car.

Police, worn out from searching for a nonexistent child, were at the end of their rope. Many worked overtime and did not spend time with their own families in order to search for Riley. "Either she was upset because she was so emotionally invested in her story, or because the weight of what she had done finally hit her, or maybe she's just one hell of an actress,'' a police official said.

Buchness was emotional throughout the ordeal, Miami police said. He had believed that his son had disappeared; he was in tears after learning of the entire hoax.

Continue reading " Fort Lauderdale Criminal Defense Attorney: Christmas Hoax Means Criminal Charges for Miami-Dade Woman " »

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The Broward County courthouse in Fort Lauderdale is underwater again, pushing criminal defense attorneys and their clients out of the building for awhile. This time, the water main broke and flooded the lower two floors during the night of Sunday, November 30. Parts of the courthouse will likely remain closed for most of December.

Important paper files, computers, and the communication system at the Broward County courthouse suffered significant damage. The phone system in the courthouse and the adjacent jail is completely inoperable. Jail officials insisted, however, that safety in the jail is assured despite the problem. The 911 system still works and the jail is running under the same conditions used when phone lines go out during hurricanes. Broward Sheriff's Office spokesman Jim Leljedal said, “We have a plan for situations where we lose land lines or our telephones are out. We have satellite phones, cell phones, and two-way radios.'' The phone company estimated that repairs to the communication system will take at least a week.
Certain emergency hearings, such as domestic violence injunctions and certain bond hearings, will continue as usual. The closure of the courthouse could cause a long-term backlog problem, with thousands of criminal defendants’ cases being put on hold for the time being. For instance, Fort Lauderdale criminal defense attorney William Moore’s hearings have been pushed back. Additionally, the public will not be able to access the courthouse to file civil cases or obtain marriage licenses.

A sewage backup disaster closed the courthouse in February after the main lobby and three floors were flooded. The power was knocked out by the flooding, but the phone system was unharmed. The main courthouse was closed for only one day due to the February sewage problem, but the damage to the building was significant. Additionally, two current courthouse employees have filed suit against the county, alleging unsafe work conditions. They complain that the dampness has caused mold growth in the building, which is harmful to their health. Employees at the court clerk’s office have sifted through the damp contents of their offices wearing face masks and rubber gloves due to health concerns. An outside company is attempting to salvage some of the damaged documents using a professional drying process.

These developments have renewed calls for a new Broward County courthouse. Voters rejected a funding measure in 2006. The issue is expected to appear on ballot again, possibly as early as 2010, according to County Commissioner Josephus Eggeletion. In light of the recent serious of problems, the measure may gain more support the second time around, although the current economic situation will make any new project difficult. Several active proponents of building a new courthouse have taken this opportunity to speak publicly about the need, including the Broward County Public Defender, Howard Finkelstein. Finkelstein, a longtime advocate for a new courthouse, said, “`This courthouse is one of the biggest disgraces in the state and the public continues to suffer. Justice delayed is justice denied, and we clearly have a delay in justice here.''

Continue reading " Broward Criminal Attorney: Courthouse Closed for Second Time in Less than a Year " »

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Broward criminal lawyers hear a lot of crazy stories during their time in the Broward courtroom. With hundreds of arrests in the West Palm Beach/Fort Lauderdale/Miami-Dade area each day, there are plenty of unique situations to go around. Criminal attorneys and police in other parts of the country see their share of wacky cases, too!

High school students in Wrentham, Massachusetts were arrested during their underage drinking party – but how did police know it was going on? Well, some of the students posted information publicly about the alcohol-infused get-together on Facebook. A teacher notified the police. Who wants to be Facebook friends with the biology teacher, anyway?

A few months ago, federal officials in Missouri approached a man for whom they had an arrest warrant. Not wanting to get caught, he gave the police a fake name. It might have been more believable if he hadn’t taken the time to have his name tattooed onto his face before the incident!

An undercover Hartford police officer wasn’t happy to be pulled over on his time off. The cop quickly became suspicious, however, with the “cop” car’s nonstandard red flashing lights. He called for backup and the man attempting to arrest him was arrested – for impersonating a police officer! Talk about bad luck…

A cashier at the Verona Beach, Florida McDonald’s was taken aback when a customer tried to pay for his value meal with marijuana. Alarmed, the cashier called the police. The worst part? The guy with the weed was still inside the front doors when the cops showed up ten minutes later. That’s a serious case of the munchies!

The hunger doesn’t end there. A San Diego man was craving some lobster, so he stole a few from a state park. He was caught when the park rangers noticed “odd bulges” in his pants, which were actually six live lobsters. Ouch!

In Japan, the chief of police in charge of drunk driving was arrested recently. His crime? Drunk driving! Prior to the arrest, the man had been engaged in a marketing campaign, distributing information at bars to prevent drunk driving.

An Oregon man learned the hard way that he’s probably not up for Father of the Year this time around. After leading police on a drunk-driving chase through a neighborhood filled with children who had just been let out of school, the man pulled up to the elementary himself. He wasn’t surrendering, though – just picking up his own child on the way.

If you like to spin donuts in your all-terrain vehicle, be mindful of the location. After all, not everyone wants the grass torn up. An Ohio man learned that the hard way when he got caught making donuts in his ATV on the courthouse lawn! He’ll face charges in the same courthouse.
Speaking of bad locations, the police in Kenya walked out of the station a few weeks ago to find a car broken down outside. The police went to help the stranded citizens, only to discover that they were actually drug smugglers with $20,000 of marijuana in their luxury car. Needless to say, the men were arrested.

A man in Fresno, California, was accused of robbing a bank. He must have had a good lawyer, though, because he was acquitted. Always innocent until proven guilty, but getting caught robbing the same bank as soon as he got out of jail wasn’t such a bright idea. Well, if it wasn’t him in the first place, maybe all that talk about it in court helped him formulate the plan!

Continue reading " Broward Criminal Lawyer: "Dumb Criminals" " »

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Posted In: Legal System

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According to the Broward County Sheriff’s Office and Fort Lauderdale law enforcement, a woman suspected of kidnapping her two young daughters was arrested in Tamarac today. Police contend that Tammy Kong-Kham, 35, abducted her daughters from their foster home in Pennsylvania two months ago. Kong-Kham allegedly brought the two girls to Broward County, where they had been hiding and scavenging for food in the area. Broward criminal lawyer William Moore has been following the case.

Police say that Kong-Kham abandoned her 10-year-old daughter Kelley. The child was found by a detective with the Fort Lauderdale police department as she was begging for food at the Galleria Mall almost two weeks ago. Kelley led police to the insect-infested area near the beach where she had previously stayed with her younger sister and mother in a whole dug into the sand under park equipment. The mother and younger child were long gone.

Kong-Kham and her 8-year-old daughter, Kimberly, were located at a Fort Lauderdale shopping center. A code enforcement officer, who was previously a career police officer and detective in another state, recognized the pair from reading the news. He saw the mother and daughter behind a building, apparently searching for food, and noted the insect bites on the girl’s legs.

The code enforcement official contacted authorities; Broward County Sheriff’s deputies responded, taking the mother and 8-year-old into custody. Officials had been concerned about the safety of the girls, citing the mother’s apparent instability. Kong-Kham and the girls had been living off of food they were able to scavenge, coconuts, and water. Kong-Kham abandoned Kelley, the 10-year-old, when she concluded that she could not care for both girls.

During the two month search, south Florida authorities received numerous tips regarding the location of Kong-Kham and her daughters, mostly in Broward County. The day before she was arrested, a tipster notified police that Kong-Kham was at a flea market north of Fort Lauderdale.

Kelley and Kimberly’s parents divorced. Initially, the two girls lived with their mother, but Kong-Kham did not send them to school. As a result, the girls were placed in foster care. Disguised in a blonde wig, Kong-Kham took the girls just before they entered school in October. They were last seen in the Philadelphia area getting on a Greyhound bus.

Continue reading " Fort Lauderdale Criminal Defense Attorney: Mother Likely to Face Federal Kidnapping Charges " »

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Sunrise, Florida police are investigating allegations that an elderly hitchhiker in the area was robbed and beaten. On November 14, an 84-year-old man in Sunrise negotiated with two other men for a ride from Fort Lauderdale to the home of a friend in Lauderhill. They agreed to have him sit in the back of their old tan car and, for $20, that they would drop him off at his friend’s house.

The older man became suspicious that the men were not planning on taking him to the house in Lauderhill early on. The driver took the car in the opposite direction than they would have gone to head directly to Lauderhill. When the older hitchhiker inquired about their destination, the other men indicated that they planned to stop at a Mobil gas station on Northwest 60th Avenue.

The driver pulled over. The man in the passenger’s seat got out, opened the backseat door, and demanded that the elderly hitchhiker hand over all of his money. The older man refused to give him any more money.

At that point, the man punched the elderly hitchhiker in the face, then drew a knife. While threatening the elderly man with the knife, he elbowed the older man in the face. At that point, the man who had been the passenger reached into the hitchhiker’s back pocket, taking his wallet. The robber rifled through the wallet and took $200, all of the cash. He also took the hitchhiker’s planner from his front pocket.

The hitchhiker retrieved his wallet from the robbers, who drove off, leaving him there alone. The police located the knife at the scene of the crime.

Continue reading " Broward Criminal Lawyer: Elderly Fort Lauderdale Hitchhiker Beaten, Robbed " »

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Posted In: Theft

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The Florida Sun Sentinel recently followed a former Palm Beach County jail inmate on his first morning after being released. Gerry Lanz is originally from Venezuela, but is now a lawful permanent resident who calls south Florida home. He was released before 6:00 a.m. on October 9 with a few belongings, including a diamond earring and papers from his criminal lawyer. Lanz did not have transportation, since the guards ran out of the bus passes they distribute to departing inmates. Lanz had served five months in jail for stealing a motorcycle; it was his third conviction with jail time in a year and a half. Lanz has five kids, and says he is close to three of them, but has never met the other two. He went to school until he was 16, then dropped out of his local Palm Beach County high school. Since then, he has been in and out of the criminal justice system.

After getting out, Lanz walked to a friend’s house. To his bitter disappointment, the personal items he left with his friend – his cell phone, gold grill, clothing, and cash – were apparently stolen during the time Lanz was incarcerated. Frustrated and angry, Lanz moved on to his next friend’s home.

Lanz met up with Alyssa Fezatte, a long-time family friend. She was thrilled to see Lanz and he had a shot of vodka before she fixed him French toast for breakfast. Fezatte smoked with Lanz and asked if he planned to keep out of prison. Lanz indicated that, this time, he was serious about staying out and never returning. Lanz said he hoped to move to Galveston, Texas, in order to find work with a friend. Despite his family ties, Lanz believed remaining in the West Palm Beach area while unemployed and with a suspended driver’s license would lead him back on the path to crime.

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Two months later, the newspaper checked in with Lanz again. While he has not yet made it to Texas, he has found work as a mechanic. He lives with his friends near Lake Worth. After his string of 12 arrests in Palm Beach County in as many years, he is still trying to stay out of trouble. Palm Beach County jail records indicate that close to eighty percent of current inmates have served time in that jail previously. Lanz was arrested in the past for crimes relating to drug use, fleeing police, and driving offenses.

Continue reading " Broward Criminal Attorney: The Morning of Release From the Palm Beach County Jail " »

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Posted In: Prison System

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Last month, Broward County criminal lawyer, William Moore, was contacted by a concerned mother, whose 7 year old son was accused of “robbing a 6 year old at knife-point for one dollar at Pines Elementary”. News articles across the country reported that the child had actually formed the intent to carry out a premeditated, violent robbery. In actuality, the “assailant,” who had only turned 7 a few days before, was simply playing.

Upon meeting with the mother and her son and hearing their account, it quickly became apparent that the media’s initial perspective was laden with untruths and explosive exaggerations. Throughout that first meeting, all were amazed at how well-behaved the child was. “Clearly there has been some distortion of the facts here. This child has been raised by good parents. He is the most obedient and polite child that I have ever met”, stated Moore.

The incident in question happened in the elementary school bathroom the Wednesday before the Thanksgiving holiday and was reported by the “victim’s” mother the following Monday. No mention of this “robbery” was ever made by any of the children present, and not one faculty member observed anything out of the ordinary on the day of the alleged crime.

Nonetheless, in accordance with school policy, the Accused was suspended for ten days. “The actions of the Broward County School Board were absolutely appropriate at that point”, stated Moore. “The faculty had very little information at that juncture, Broward policy is very clear in this regard”.

A suspension while facts are being investigated is one thing. Expulsion and criminal prosecution is quite yet another. Following the event, it was widely reported that the child faced imminent expulsion from the Pembroke Pines School Board. One report emphasized that the boy would be prosecuted to the fullest extent of the law, despite the fact that statements by all of the eye-witnesses were inconsistent.

“Ultimately, the school found that expulsion was not warranted and I commend all of the Board members involved. They did not allow the media to affect their judgment in the least. Assistant Director Pamela A. Brown has shown exemplary leadership in protecting not only her students, but also my client, while she sorted this mess out”, stated Moore. “She was not influenced by an overblown media.”

All reports have since been turned over to the State’s Attorney. The State Attorney’s office was quoted as saying that it was highly unlikely for the Accused to be charged in the case, due to both the child’s age and the inconsistencies in the reports from the three parties involved. A child that has just turned seven years old simply doesn’t have the ability to possess this type of culpable mind, claimed a chief prosecutor.

On Monday, December 15th, William Moore, the Accused and his mother went before the Pembroke Pines School Board to plea the case against expulsion. In less than one hour, all parties agreed that such a sanction was to be denied, as reported by the Sun Sentinel. “This thing was blown so out of proportion. It’s refreshing to see the Sun Sentinel put an end to all of the negative publicity in their latest article,.”

Article contributed by Anne-Marie Kopek.

Anne-Marie has worked as an Account Representative for FOX Sports Net and Conde Nast in addition to being a copywriter for both the private and public sector. In her free time, she is an active children's rights advocate and LGBT activist.

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Investigators searching for clues in the case of missing Florida toddler Caylee Anthony are awaiting the results of DNA testing on a small child’s remains, Fort Lauderdale criminal lawyer William Moore has learned. The sweet-faced Florida toddler vanished in June, but her disappearance was not reported until mid-July when her grandmother notified the police. The odd circumstances surrounding the little girl’s disappearance quickly made Caylee a national news item. Caylee’s mother, 22-year-old Casey Anthony was arrested on child neglect charges; in October, she was charged with the first-degree murder of Caylee. Although the child’s body had not been located, Florida investigators believed she was dead. Casey Anthony’s car reportedly smelled of death in June, an odor so overpowering her father described it as filling the entire garage. Further investigation revealed that hair found in the trunk of the car was left there by decaying human remains. DNA evidence and traces of chloroform found in the trunk, coupled with Casey Anthony’s web searches for at-home chloroform recipe, will give her criminal defense lawyer plenty to work on. Her Florida criminal attorney will surely point out that investigators recovered a trash bag that had been in Anthony’s trunk, which contained an empty pizza box, flies, and maggots – in line with her explanation that the smell had come from rotting pizza.

Casey Anthony claimed that she left her daughter with a baby sitter. When police checked the address of the caretaker Anthony gave them, they found a long-vacant apartment. Members of the community have searched everywhere for a body, most believing that Caylee is likely dead. Caylee’s grandparents have repeated indicated that they believe Caylee is alive. Additionally, the media and investigators have noticed odd behavior, like Casey Anthony’s partying in the weeks following Caylee's disappearance.

Casey Anthony was subsequently charged with the murder of her three-year-old daughter. Although detectives had not located Caylee Anthony’s remains, they believed that the circumstances surrounding Caylee’s disappearance – and the apparently conflicting explanations offered by her mother – implicated Casey Anthony in the child’s disappearance.

On Thursday, a Florida utility worker was out near the Anthonys’ home, where Caylee and her mother had lived with Caylee’s grandparents. The worker picked up a trash bag, which would have been submerged around the time of Caylee’s death and the subsequent searches. A tiny skull fell out of the back and the worker immediately contacted Florida police. The body was found only a quarter of a mile from the home.

Florida Investigators have tentatively identified the remains as Caylee Anthony’s, pending DNA confirmation by the FBI. Police searched the home again late in the evening, taking away a vacuum cleaner and other items.

Continue reading " Broward Criminal Defense Lawyer: New Caylee Anthony Twist " »

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A Fort Lauderdale area man was arrested in Pembroke Pines, Florida yesterday morning after allegedly attempting to hit a uniformed police officer with his car. The unidentified suspect is in a Broward County hospital after an incident at 10050 Pines Boulevard in Pembroke Pines. The man is in his twenties and will fully recuperate from injuries sustained during his flight from police. Fort Lauderdale criminal lawyer William Moore urges anyone who has been arrested or has a loved one accused of a crime in Broward, Palm Beach, or Miami-Dade Counties to contact his office as soon as possible for legal advice.

According to police, the young man came arrived at the Pembroke Pines Bank of America a little after ten in the morning. The suspect submitted a check to the teller via the drive-through lanes, requesting that it be cashed. The bank teller determined that the check was allegedly stolen in a recent unsolved robbery in the Fort Lauderdale area. Thinking fast, bank employees called the police. Meanwhile, a teller conversed with the suspect to hold him up until police arrived.

When the Pembroke Pines police arrived, officers attempted to block in the suspect’s Dodge Caravan while it idled in the drive-through lane. The suspect quickly deduced that the bank employees had called the police, however, and launched his escape. He careened around the police vehicles and allegedly tried to drive over a police officer. Police shot at the man, striking him at least once in each arm. Not one to be deterred from his escape, the man continued out of the parking lot and northbound on Palm Avenue. Police from both Pembroke Pines and Miramar followed in hot pursuit. The suspect, bleeding heavily from his gunshot wounds, continued on Palm Avenue until his vehicle struck another car at a red light. At that point, the determined man jumped from his car and fled on foot. Officers chased him through a field into a nearby residential area. Police caught the seriously injured suspect shortly after he left his car. The man was arrested and transported for medical treatment of the bullet wounds.

At this point, police have not released details about the stolen check or the suspect’s identity. The experienced police officer who fired his weapon has been placed on administrative leave for the next four days of duty, which is the department policy in all instances in which an officer’s weapon is discharged. Traffic in the area surrounding Bank of America in Pembroke Pines returned to normal after approximately an hour following the incident.

Continue reading " Fort Lauderdale Area Man Arrested After Fleeing with Two Gunshot Wounds " »

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The group of Broward County men suspected in the string of Dunkin’ Donuts robberies last week will be needing a Broward criminal attorney soon. Last night, two young Fort Lauderdale men were arrested at a Broward Sheriff’s Office police checkpoint in Port Everglades. The two men had driven from Fort Lauderdale with their girlfriends to board a Discovery cruise line ship to the Bahamas. Tharod Bell, 23, and Charles Faustin, 18, were huddled in the backseat of a silver Honda. A Broward Sheriff's Office aide recognized the pair from a wanted poster and engaged the group in conversation until an armed deputy arrived to assist her. The men were apparently en route to escape to the Bahamas, although they provided their real names at the checkpoint. The Bahamas has an extradition treaty with the United States, making it an imperfect haven for fugitives.

Previously, three other Broward County suspects were arrested, including Calvin Weatherspoon, 20, of the Lauderdale Lakes area, Jonathan Jackson, 23, and James Herard, 19, who are both residents of Lauderhill. All five of the Fort Lauderdale area criminal suspects arrested are expected to be charged soon and will be entitled to representation from a Broward criminal lawyer.

Broward County police believe the five men are behind four armed robberies in Broward County and Palm Beach County last week. The first robbery occurred in at a Dunkin Donuts in Delray Beach, in which five bystanders were shot. The four men wore masks to conceal their identities. Two men, also wearing masks, robbed a Dunkin’ Donuts in Tamarac, near Fort Lauderdale, the following night. One bystander was shot and remains in critical condition at an area hospital. A Dunkin’ Donuts in Sunrise was also robbed at gunpoint, and although no bystanders were shot, one person was injured after being hit on the head with a gun. Finally, the a Pompano Beach 7-Eleven robbery on November 26 is believed to be the most recent of the string of south Florida armed robberies. Police believe the crimes were committed for fun rather than significant monetary gain, as none were particularly lucrative. Additionally, the armed robbers shot patrons for no apparent reason, even when they were cooperating with demands. Broward and Palm Beach authorities are continuing to investigate, but the five men are believed to be responsible for all of the crimes. Each will need the services of an experienced Fort Lauderdale criminal lawyer.

At this point, Broward officials believe that 19-year-old Herard was the sole or primary gunman. It is unclear at this point if Herard is represented by a criminal defense attorney, but he reportedly made a statement to police that the “has no soul.” All five indicated to police that they are gang members and officials are investigating numerous other crimes to determine if the suspects are tied to any other unsolved crimes in the West Palm Beach-Fort Lauderdale-Miami area.

Continue reading " Broward Criminal Lawyer Follow-Up: Dunkin’ Donuts Robbers Arrested at Police Checkpoint Near Fort Lauderdale " »

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If you ask any Broward County criminal attorney, he or she will tell you that there are three different levels of encounters between police and citizens for the purpose of Fourth Amendment analysis. The Fourth Amendment is part of the Bill of Rights and guards against unreasonable searches and seizures. The first level is a consensual encounter between a police officer and citizen where there is only minimal contact. The second level is a more investigatory stop where the officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a the person has committed, is committing, or is about to commit a crime. Note that a citizen encounter becomes an investigatory stop once the officer shows authority in a manner that restrains the defendant’s freedom of movement such that a reasonable person would feel compelled to comply. The third level is an arrest, which must be supported by the officer's probable cause to believe that a crime has been or is being committed.

A recent Broward County event illustrated the value of Fourth Amendment search and seizure protections. A man went to a local strip club and parked his car not in the lane of a side lot. The vehicle was not in a marked parking space, but it was also not blocking traffic. As he got out, he locked his doors and proceeded to go into the club. The man was stopped by police officers and was physically pulled back to his car. As he was questioned, one of the police officers shined a light into his car, illuminating what appeared to be a crack rock on the front seat. The man was subsequently arrested. Upon appeal, the appellate court ruled that the officers lacked the well-founded suspicion of criminal activity necessary to justify the detention. Therefore, the evidence found after the police detained the man should have been suppressed in court. The officers did not witness a crime and the vehicle was not blocking traffic. This is an example of unlawful search and seizure in Broward County.

For more information on this article, contact Fort Lauderdale criminal attorney, William Moore.

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Search & Seizure

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Last Wednesday night, the Dunkin’ Donuts in Delray Beach in Palm Beach County suffered an after-dark armed robbery. The Delray Beach Dunkin’ Donuts which was robbed is located on the 4800 block of Atlantic Avenue. At least five patrons, several of them elderly local residents, were shot during the robbery. The perpetrators are still at large, although they will surely require the services of a Fort Lauderdale criminal lawyer when and if they are caught.

The following night, the Dunkin’ Donuts at 4900 North State Road 7 in Tamarac, Florida – a Broward County suburb of Fort Lauderdale – was also robbed. One patron was shot in the back during the armed robbery and remains in critical condition at a local hospital. No matter how many painful situations he sees, a Broward criminal lawyer is always sorry to hear about injured victims.

At this point, the Delray Beach Police Department detectives and members of the Broward County Sheriff’s Office are still investigating the crimes. No determination has been made publicly that the two armed robberies are related. A Broward criminal lawyer would caution not to draw conclusions to quickly if and when an arrest is made; two crimes that appear to be quite similar could be coincidental and not necessarily the hallmark of a group of perpetrators. Witnesses at both Dunkin’ Donuts locations reported that the armed robberies were committed by a group of males who were quick to shoot innocent bystanders. There were three robbers at the Delray Beach location and many more casualties. At the Tamarac location armed robbery, witnesses reported two robbers and only one victim sustained a gunshot wound.

The Dunkin’ Donuts stores, which were previously open all night, have made the decision to begin closing in the evening and re-opening early in the morning for the convenience of patrons who stop for coffee or a donut during their morning commute. Nearby residents who frequent the stores have reported feeling fearful about returning to those stores, especially after dark. The armed robberies have come as a shock to the normally-quiet suburban towns, which each have approximately 60,000 residents. Residents are unaccustomed to violent crime and are hoping that there will not be any more robberies.

Continue reading " Police in Delray Beach & Fort Lauderdale Suburb Baffled by Dunkin’ Donuts Robberies " »

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A Fort Lauderdale criminal attorney spends most of his time assisting criminal defendants put their best case forward. Everyone is entitled to a defense, even if the crime was exceptionally heinous. But what, exactly, are the justifications for incarcerating people – often for years – even if they are first-time offenders? In other parts of the world, notably Europe, rates of imprisonment are far lower than in the United States. A Broward criminal lawyer will see many more defendants go to prison, even for substance abuse-related crimes, than a lawyer in another country.

The first reason why our society imposes prison, fines, and other consequences is simply for punishment. Retribution is perhaps the most powerful justification for the criminal justice system. Our Fort Lauderdale criminal lawyer knows that the victims of crime firmly believe that perpetrators of crimes should suffer serious consequences as a result. Retribution is the age-old reason why most people believe in criminal punishment.

Another goal our Fort Lauderdale criminal attorney often hears is deterrence. The belief is that the harsh punishment of criminal offenders will make others think twice before committing a similar crime. The deterrence argument is often employed when promoting the death penalty. Interestingly, research shows that criminals are actually far more deterred by a high probability of being caught – even if the punishment is moderate – than they are by severe sentencing. The deterrence argument also applies to that offender: perhaps he will be less likely to re-offend now that he has experienced prison.

The third reason a Fort Lauderdale criminal attorney may be fighting incarceration for his client is incapacitation. This argument is most effective for habitual offenders and may be less relevant to one-time offenders. Incapacitating criminals by putting them in prison, where they cannot commit crimes that hurt society generally, is a favored reason for long prison sentences.

According to our Broward criminal attorney, another possible goal is denunciation. Society indicates that it seriously disapproves of criminal activity through punishment. Traditionally, denunciation often occurred publicly and in a humiliating way. For instance, in the pre-Revolution American colonies, offenders were often punished by being put in the stocks in the middle of the town square. While our Fort Lauderdale criminal defense lawyer’s clients no longer face the stocks, the humiliation for a typically law-abiding citizen can be overwhelming.

When deciding on sentencing policy, legislators should always examine the ramifications of the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishments. That amendment has been construed, for instance, to prohibit execution for sex offenses, even against children. As the times have changed, our reasons for criminal punishment have changed. Our Fort Lauderdale criminal attorney is experienced and is familiar with ongoing changes in sentencing policy in Florida.

Continue reading " Broward Criminal Lawyer: Why Does Society Punish Criminal Offenders? " »

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Posted In: Criminal Punishment

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