Florida Criminal Lawyer Blog

West Palm Beach criminal lawyer William Moore has learned over the years that many of his clients, prior to their arrests, believed that traffic offenses are always just tickets – never a criminal matter. While most traffic issues are civil offenses, punished by fines and points on your driver’s license, there are also criminal traffic offenses. Civil traffic offenses are violations like minor speeding tickets. If you are convicted of a criminal traffic offense, it will appear on your criminal record and you could even face jail time. Palm Beach criminal defense attorney Moore represents all kinds of criminal traffic violation and can advise you regarding the particulars of your situation.

One lesser known criminal offense that relates to traffic is the motor vehicle noise law. In Florida, it is illegal to alter the exhaust pipe on your car to make it very loud. In fact, you are not allowed to alter it so that it is louder than it was when the vehicle was originally manufactured. Doing so is a crime punishable by up to one full year in jail. You might think it sounds great, but the police – and your neighbors – will likely disagree.

Driving under the influence (DUI) of alcohol or drugs is a more common criminal traffic offense. A DUI conviction can result in significant time in jail, substantial fines, and the loss of your driver’s license. The state’s public safety interest in protecting passengers is so great and the potential for serious car accidents is so high that driving while you are impaired by alcohol can be charged as a felony if you are a repeat offender. The state of Florida takes DUI crimes seriously.

Driving with a suspended license is another problem. Your driver’s license may have been suspended for one too many speeding tickets, your involvement in an accident, or due to a previous DUI arrest. If your driver’s license is not valid but the police find you driving nonetheless, you can face criminal prosecution.

Likewise, highway racing carries up to one year in jail, although it does not even have to occur on a highway. West Palm Beach criminal defense attorney Moore reminds drivers that racing or showing off your speed in a parking lot can also result in an arrest for highway racing, another criminal traffic offense that can result in the loss of your driving privileges. Highway racing can also include drag racing or racing other vehicles down a highway, especially if there are spectators.

These are not the only criminal traffic offenses, but they are among the most common. Palm Beach criminal lawyer William Moore advises Florida drivers to take care to follow local traffic laws in order to avoid traffic tickets, or worse, an arrest. A criminal record, even for a criminal traffic offense, should be taken seriously. If your driver’s license has been suspended, take care not to drive until it is reinstated.

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Broward criminal lawyer William Moore is well-versed in the criminal statutes of the state of Florida. The criminal codes of the United States and of all 50 states have many similarities and some definable differences between them. The legislatures of the states have elected to punish some crimes quite differently, more or less severely, in certain states. That means that how bad or how wrong a crime is depends on the opinion of the state legislators and the citizens of that state. Fort Lauderdale criminal defense attorney Moore believes that some crimes carry unreasonably harsh penalties.

Criminal defense lawyers talk about criminal punishment and the severity of crimes using two Latin terms: malum in se and malum prohibitum. Malum in se means that a crime is inherently wrong or even evil. For example, most people around the world believe that murdering another human being is automatically wrong. Likewise, stealing and sex crimes are generally regarded as universally wrong.

In contrast to those crimes are the malum prohibitum crimes. These acts are criminal because laws have been enacted, generally for the greater good, to forbid them. They are sometimes called public welfare crimes. For instance, tax evasion is a crime. However, failing to pay taxes does not hurt any particular person in the way that stealing money or killing someone would. Failure to pay taxes is just harmful to the general public welfare, because the government uses the funds for tasks like building roads for the good of everyone. Likewise, certain criminal driving offenses, such as driving without a license, are imposed for the good and safety of the public at large.

A philosophy closely related to malum prohibitum crimes is the concept of victimless crimes. Many people believe certain malum prohibitum crimes should be decriminalized because, according to proponents of this philosophy, their commission does not hurt individuals or the public welfare. Examples of these crimes include prostitution and many or all drug crimes. Proponents of the concept of victimless crimes believe that any ill effect suffered by people engaging in these crimes is agreeable to those individuals. A prostitute who suffers negative effects has done so by her own consent; similarly, drug users who suffer from health problems do not need to be protected from their own actions. People who disagree with decriminalization of these crimes cite the need to uphold the moral good of their communities. Additionally, they believe that these laws protect individuals from the excessively harmful effects of their actions. The argument for the legalization of marijuana is one of the most popularly accepted tenets of the victimless crimes philosophy.

According to Fort Lauderdale criminal lawyer Moore, certain crimes have been eliminated over time as the public has agreed that there is no real victim or harm to society. For instance, sodomy laws and laws banning homosexuality are no longer the norm. The 2003 Supreme Court case Lawrence v. Texas determined that the state of Texas could not subject a man to criminal prosecution for engaging in an adult consensual sex act in private with another man.

Below is a video representing the legalization of marijuana viewpoint that was not made or endorsed by Fort Lauderdale criminal attorney William Moore:

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Fort Lauderdale criminal attorney William Moore and other local Broward County residents have been following the hit-and-run that left two dead last Friday night. Two men, both visiting Fort Lauderdale from England on a business trip, were struck from behind by a vehicle as they walked along a sidewalk on A1A. The pair were walking back to their hotel after an evening out. The men, who have been identified as Craig Elford, 39, and Kenneth Watkinson, 48, were killed instantly. The Porsche that hit the two men drove over the curb, plowed into them, and sped away from the scene. Before the men were killed, other witnesses had dialed 911 to report that the driver of the Porsche GT2 was driving dangerously and aggressively, possibly racing with another car on the road. Fort Lauderdale criminal defense lawyer Moore advises clients not to engage in highway racing.

Fort Lauderdale police have identified the owner of the vehicle as Ryan LeVin, who is from the Chicago area. LeVin denies that he was driving the Porsche on the evening of the accident. The car was found abandoned shortly after the men were killed. LeVin has vehemently denied that he was driving the vehicle at the time of the hit-and-run and referred all other questions to his criminal defense lawyer. Law enforcement officials have not yet named any suspects in the case, including LeVin. Hit-and-run investigations can take months, as police gather evidence to determine what person was driving the vehicle at the time of the accident. Ownership of a vehicle alone does not prove that person was behind the wheel of the vehicle at any given time.

Investigative reporters have determined that LeVin’s Florida driver’s license and his Illinois driver’s license are both invalid. In 2006, LeVin faced seven felony charges following an arrest for leading police on a high-speed chase. LeVin drove over 100 miles per hour in that incident, hitting several other cars and injuring two drivers and a police officer. When he was apprehended, LeVin was in possession of cocaine in the vehicle. Despite the injuries, LeVin reached a plea deal wherein he pled guilty to one count of aggravated fleeing, was to serve 30 months on probation, and entered treatment for substance abuse. The other six felony charges were dropped. As a condition of his probation, LeVin was permitted to travel to Florida in order to maintain his parents’ two properties in the area.

Fort Lauderdale criminal attorney William Moore extends his sympathies to the families of the victims. Both men were married with young children. They were in south Florida for a six day business trip, planning to hire new employees while they were here. Their families are making arrangements for the funerals.

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Fort Lauderdale criminal lawyer William Moore believes that a substantial portion of crimes are committed as the result of mental health problems. According to the South Florida Sun Sentinel, a woman in a local grocery store was engaging in odd activities in the baby food aisle last week. Police were called to the Tamarac grocery store after employees determined that the woman was engaging in odd and illegal behavior. Law enforcement officials found 50-year-old Shirley Ybarra of Sunrise wearing rubber gloves and injecting a black, ammonia-scented substance into the baby food containers and juice packaged for small children on the shelves.

Before Tamarac police arrived at the store, Ybarra explained to the store employees who confronted her that she was preparing food for her own child. Investigators later determined that Ybarra does in fact have a son, although he is 21 years old and does not resident locally in south Florida.

Fort Lauderdale criminal defense attorney William Moore is reassured that police checked other local stores for contamination, as well. Police determined that the store at 4121 West Commercial Boulevard was the only one in which Ybarra contaminated infant food with the smelly substance. The Sheriff’s spokesperson said, "What she did was dangerous. We believe this was an isolated incident."

Originally, law enforcement officials took Ybarra from the store under the provisions of the Baker Act, which requires police to take people who appear psychologically unbalanced into custody so that they can go to a mental health facility for further evaluation. She was likely taken in for evaluation due to her strange behavior and statements that were inconsistent with her actions and surroundings. Ybarra was later released from the mental health center and into the custody of the police. She was charged with poisoning food or water, which is a first-degree felony and carries a potential prison sentence of 30 years. Ybarra was additionally charged with violating probation. Fort Lauderdale criminal attorney William Moore does not have information about Ybarra’s legal representation.

Fort Lauderdale criminal defense lawyer William Moore encourages the responsible use of the Baker Act in order to protect the mentally ill and the surrounding community. The Florida Mental Health Act, which is more commonly known as the Baker Act, allows for the involuntary commitment of potentially unbalanced individuals. Police, judges, or mental health care professionals can invoke the provisions of the Baker Act. They must show that there is reason to believe that the person being held for examination is mentally ill and that he is a threat to himself or others or cannot properly care for himself. After the person is examined, they may be released, held for involuntary treatment, or referred to other community services. In this case, the professionals who examined Ybarra released her into police custody.

The Associated Press report is here:

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Fort Lauderdale criminal attorney William Moore regularly represents clients charged with possession of marijuana. Florida, like some other states, penalizes the possession of even very small amounts severely. While a number of states have moved toward decriminalization (despite conflicting federal criminal law) over the past few years, Florida has retained its law making possession of 20 grams or less of the substance a first-degree misdemeanor. criminal defense attorneys in Fort Lauderdale at William Moore, P.A.">Fort Lauderdale criminal defense lawyer William Moore always advises his clients that possession of marijuana in that amount is punishable by up to one year in prison, in addition to probation, fines, court costs, driver’s license revocation, and other penalties.

Recently, Michael Phelps discovered that South Carolina takes illegal drugs seriously, as well. The 23-year-old superstar Olympic athlete is known for his record-shattering swimming feats and has enjoyed tremendous popularity following his successful appearance at the 2008 summer games. Last week, an incriminating photograph of the swimmer surfaced. Phelps was shown smoking a bong at a house party in South Carolina, where he was visiting a girlfriend in Columbia. The Olympian has earned millions of dollars in endorsements, but the continuing negative press coverage is costing him, as at least one company has dropped him following the bong incident.

Fort Lauderdale criminal lawyer William Moore thinks it is best for most drug users to keep their mouths shut if they appear to have been caught red-handed smoking a bong, but Phelps and his publicist decided to opt for an honorable admission. After the photo was published, Phelps immediately apologized for his actions and made no attempt to conceal the truth. He said, “I engaged in behavior which was regrettable and demonstrated bad judgment. I'm 23 years old and despite the successes I've had in the pool, I acted in a youthful and inappropriate way, not in a manner people have come to expect from me. For this, I am sorry. I promise my fans and the public it will not happen again." The International Olympic Committee chastised Phelps, but later accepted his apology.

The Associated Press has covered the Michael Phelps saga and a video of their report can be found here:

After his debut Olympic appearance in 2004, Phelps was arrested and convicted of underage DUI. He was forced to apologize after that incident, as well, but has not been in trouble since then.

There is growing concern that law enforcement officials in Columbia, South Carolina plan to file criminal charges against Michael Phelps. Two of the college students who resided at the home where Phelps smoked a bong have been arrested. Their criminal defense lawyers have reported to the press that the main goal seems to be to gather evidence for a high-profile case against Phelps. Under South Carolina law, Phelps could go to jail for 30 days and pay a $200 fine if convicted for possession of marijuana. Possession of drug paraphernalia, like a water pipe or bong, carries a $500 fine in that state, but is punished more severely in Florida. If you have been arrested for the possession of marijuana, other drugs, or drug paraphernalia in the Broward County area, contact criminal defense attorney William Moore as soon as possible.

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Broward criminal attorney William Moore handles all types of criminal cases. An incident in Boynton Beach in southern Palm Beach County last week has gotten national attention as an example of abusing the 911 emergency system. According to Boynton Beach law enforcement officers, Jean Fortune, a 66-year-old resident, was arrested and charged with abuse of 911 communications. The charge is a first-degree misdemeanor in the state of Florida, carrying up to one year in jail and a fine of $1,000. Broward criminal lawyer Moore does not have information on the status of Fortune’s case or his legal representation.

Boynton Beach investigators determined that Fortune used the drive-through to order lemonade. The employee taking drive-through orders explained that the business had run out of lemonade and Fortune became extremely angry. He threatened to call police and actually did so when the employees were unable to supply him with lemonade. He spoke to the 911 dispatcher for about five minutes.

A local news outlet obtained a recording of the 911 call. The man stayed on the phone for about five minutes, complaining about the lack of lemonade and the poor service he was receiving. The local news report is available here:

Unfortunately, this incident is not exactly the first 911 incident involving Burger King. About four years ago, police refused to respond to a now-famous fast food call on the West Coast. A woman in Orange County, California called the emergency number to report that she was infuriated with the staff and management at her local Burger King. According to the caller, the Burger King employees continued to make her “Western burger” incorrectly and that she believed deputies should respond to the call because it was their duty to “protect” her. The audio version of the call can be heard here:

Broward criminal defense lawyer William Moore believes that, of the two cases, the Boynton Beach man got the short end of the stick. The dispatcher who answered the call from the lady in California refused to send law enforcement officials to Burger King to intervene in the dispute, instead advising the woman to “act like an adult.” Boynton Beach police responded to their local Burger King call and have charged the man for making the frivolous call. Burger King has not made a statement on the matter. Boynton Beach officials gave the man a notice to appear in court for the incident.

Continue reading " Palm Beach County Criminal Defense Lawyer -- Boynton Beach Man Calls 911 Over Beverage Selection at Burger King " »

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A student at Northwood University was the victim of a carjacking on January 28, Broward criminal lawyer William Moore has learned. According to the Palm Beach Post, the campus intends to supplement nighttime security with an additional campus officer. No one was hurt in the encounter and the campus security force determined that the carjacking was not severe enough to warrant activation of the emergency notification system. Broward criminal defense attorney Moore is a proponent of campus safety.

On the evening of January 28, Northwood University security officials “ran off” a group of young men who were at the school to play pool, but were apparently causing trouble. The men were not students at the school. Later, 20-year-old Sean Goudreau of Palm Beach Gardens was walking across campus to his motorcycle. Goudreau described two young men in black hoods approaching him at about 8:30 p.m., one demanding Goudreau’s motorcycle and driving off on it. The other fled. The man who took the motorcycle did so at gunpoint, showing Goudreau his weapon prior to taking the bike.

The whole event happened too quickly for Goudreau to observe enough information to identify his assailants. Goudreau was alarmed by the entire event, saying, "I've never really seen a handgun before."

Less than a day later, the motorcycle was left at the scene by its driver following a wreck with a car. The motorcycle collided with a vehicle at an intersection and its driver fled. Police investigating the accident determined that the motorcycle had been reported as stolen about 24 hours prior to the accident and noted the parking violation sticker attached to the bike. The sticker was from earlier that day at about 4:00 p.m. and was issued by a local apartment complex.

Law enforcement officers went to the complex to gather more information. While standing in the parking lot, they were approached voluntarily by a young man who told them he was the second hooded “assailant,” but that he was actually a bystander. The young man identified the real carjacker as his friend, 20-year-old Diranso Antonio Cates. According to the friend, Cates suddenly demanded that the driver of the vehicle they were traveling stop. Cates jumped out and confronted Goudreau. The friend had followed him out, but was stunned and returned to the vehicle.
Palm Beach criminal defense lawyer William Moore believes cases like this illustrate the need for criminal defense attorneys. If the young man had not approached police due to his fear of being pegged for a crime he did not actually commit, he could very well have been arrested. Goudreau quite reasonably took the second man to be in on the crime and he might have been charged as an accomplice to the armed carjacking.

Northwood University is located on N. Military Trail in West Palm Beach:

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Continue reading " Northwood University to Ramp Up Security Following Incident, Learns Broward Criminal Attorney " »

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An experienced Broward criminal attorney handles all kinds of criminal defense, including crimes that spark tremendous outrage. Broward criminal defense lawyer believes that every criminal defendant deserves to make his best defense. The community outrage may stem from the viciousness of the crime or the vulnerability of the victim. A Delray Beach attack a few days ago has the Palm Beach community up in arms for both reasons.

According to the South Florida Sun Sentinel, a young pregnant woman was attacked in Delray Beach on January 19. Police have indicated that the girl, who is 17 years old and was eight months pregnant at the time, was walking on the sidewalk of Southeast 7th Street in Delray Beach. At about 8:20 in the evening, a man she did not know walked up, approaching from behind the girl.

The man grabbed the girl’s arm, yanking her roughly into nearby bushes. The girl resisted, but the man threatened to become more violent. The girl cooperated with the man’s demands because she was afraid for her own safety and the well-being of her child.

Immediately following the Palm Beach County attack, the pregnant teen called the Delray Beach police. Law enforcement officials quickly identified Steven A. Weaver, who is a 35-year-old resident of Cleveland, Ohio, as the prime suspect. The victim identified Weaver from a line-up of photographs the day following the attack.

Weaver returned to Cleveland on January 20, the day after the sexual assault. Delray Beach issued a warrant for his arrest on January 31 and he was taken into custody by Cleveland police officers. Local law enforcement officers traveled to Cleveland to interview Weaver and escort him back to Florida. Weaver reportedly confessed to sexually assaulting the girl and indicated that he came to Palm Beach County on vacation, “to get away.” He has been charged with robbery as well as sexual battery and remains in custody.

The attack took place on the 100 block of Southeast 7th Street, shown on a map below:

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A sex crime conviction has long-term consequences. The state requires individuals who have been convicted of sexual battery to register as sex offenders. The felony conviction also results in the loss of the right to vote and to possess a firearm. If you have been accused of a sex offense, contact Broward criminal defense attorney William Moore as soon as possible to discuss your rights.

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