Florida Criminal Lawyer Blog

Broward criminal lawyer William Moore knows that drug problems are a problem in Florida. Every day, people in Coconut Creek, Fort Lauderdale, and throughout the south Florida metropolitan area are arrested for possession, trafficking, and selling controlled substances. Fort Lauderdale criminal attorney Moore notes that these substances include prescription drugs like Xanax and pain medications as well as more traditional illegal drugs like marijuana, powder and crack cocaine, methamphetamine, and heroin. Police investigate the crimes and the local State Attorney’s Office prosecutes the crime.

Although certain types of controlled substance offenses (drug crimes) are most effectively handled by the criminal justice system, others are not. Broward criminal attorney Moore believes that trafficking in very large quantities of drugs, particularly when the shipments cross borders internationally, is best handled by the federal or state criminal court systems. However, most people arrested for drug crimes are small-time dealers or, even more frequently, simple drug users. The Florida criminal justice system spends tremendous amounts of money every year investigating, prosecuting, and imprisoning drug offenders.

Some counties in Florida currently use drug courts. Drug courts operate on the theory that drug rehabilitation is the ultimate goal: if a drug abuser can kick the habit, so to say, he is far less likely to re-offend and burden the courts and correctional facilities in the future. Recent studies show that drug treatment is more effective at preventing recidivism and also less costly for the state. Another important argument to consider is the issue of punishment: as a basic social matter, is it more important to treat people who suffer from drug addiction or to punish them for trying the substances they later became dependent upon?

Other factors to consider include the availability of outpatient drug therapy programs. While some drug addicts may require inpatient treatment, says Fort Lauderdale criminal lawyer Moore, many are likely to be treated on an outpatient basis and in such a way that they can maintain important bonds with family, friends, and partners. The ongoing day-to-day contact can serve as an important network of support during an especially difficult time – and the support is not available to drug offenders who spend time in prison.

Drug treatment in prison is a compromise between the competing philosophies, but some studies show that the programs are less effective than traditional drug treatment. One possible reason is that the inmates are demoralized. A second issue is that drug treatment within prison takes places in an unrealistic environment: drugs, although not wholly absent from prisons, are strictly not allowed. When the inmate has served his time, he may not be able to apply what he learned in treatment to his life outside of prison, especially during the adjustment following his release. A drug addict who successfully completes outpatient treatment does so while learning to battle his old habits – which likely include making contact with his old dealer.

Continue reading " Broward County Criminal Defense Attorney on Why Drug Treatment Programs are Probably Better than Jail or Prison " »

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Posted In: Drug Crimes

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Domestic violence is a hard issue for state lawmakers, judges, and law enforcement authorities, says Broward criminal lawyer William Moore. For centuries, violence within the home was regarded as a personal issue – too private for the courts to foray into. This was reinforced by the relatively low status of women in society. Now, domestic violence awareness advocates have changed the legal landscape of the crimes, says Fort Lauderdale criminal lawyer Moore.

The Florida domestic violence statute is broad and does not criminalize a single behavior, such as a husband hitting his wife. Instead, it is primarily the relationship between the attacker and the victim that is of utmost importance in the law. Domestic violence includes “any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” Common crimes within the realm of domestic violence include assault, battery, stalking, sexual assault, kidnapping, and even false imprisonment. The definition of a household member is inclusive: “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.” However, the perpetrator and the victim must now or in the past have lived in the same home, except in the case of parents who have a child together. (See Florida Statute 741.28.)

This broad definition means that a girlfriend who shares an apartment with her boyfriend could be arrested and convicted of domestic battery if she slaps him in the middle of a heated argument. Likewise, lesbian and gay couples have domestic violence problems, as well as married couples who have been together for many years, says Fort Lauderdale criminal attorney Moore. Domestic violence occurs in all types of relationships and is perpetrated by members of both sexes.

Police may have a difficult time determining who is more at fault when they respond. If one person has visible injuries while the other does not, they may arrest the person who emerged unscathed from the conflict. If both have injuries, they may try to determine if one household or family member suffered more “defensive” injuries. For example, scratches from a woman’s fingernails on her husband’s arms may support her claim that he tried to choke her.

Almost everyone who takes a plea offer or who is convicted of a domestic violence crime in Florida must attend a special batterers intervention program, which is comprised of state-mandated classes. The topics covered include the cycle of abuse. However, studies have shown that these programs, including the one in place in Broward County, have minimal impact on behavior.

Continue reading " Domestic Violence: A Difficult Criminal Issue -- Broward Criminal Defense Attorney " »

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Posted In: Domestic Violence

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A Boynton Beach man has been arrested on grand theft charges, Broward criminal lawyer William Moore has learned. Mark R. Hilton III, who is 47 years of age, was charged with stealing in excess of $166,000 from the Casablanca Isles Condominium Association. Hilton was the former president and bookkeeper of the association.

Hilton was previously arrested and convicted for grand theft, Fort Lauderdale criminal lawyer Moore has determined. In 2006, he was arrested for embezzling $13,252 from an air conditioning business. He worked for the company as an account manager during the period during which he stole funds. Hilton was convicted and served time in jail as a result of that offense.

In 2007, Hilton served on the board of the condominium association and apparently managed the association’s funds with little oversight. He took out unauthorized credit cards, then billed the homeowners association to cover his expenditures. The problem? His purchases were personal and were never authorized by the HOA, Broward criminal attorney Moore has learned.

Law enforcement officials believe Hilton used the credit cards to cover all manner of personal costs. These charges included the mundane, like car insurance, to the extravagant, like trips to Disney World. Hilton is also accused of using association funds to cover the costs of his five dogs’ veterinary care, airfare, car rentals, jewelry, art, and even cash advances paid directly to him. Hilton’s arrest is the product of a police investigation that took approximately one year.

Homeowners associations and condominium associations often screen applicants who may want to buy or rent units prior to their purchase or move-in date. For approval, some associations require that applicants attain a certain credit score or have no serious criminal record. Of course, once the applicants are approved and become members of the community, the association likely does not continue to monitor the creditworthiness and criminal histories of its residents. In this case, it is unclear whether Hilton was ever screened for entry into the association or for his particular position.

Now, he is being held at the Palm Beach County Jail. His bond for the charges, grand theft and conducting a scheme to defraud, is currently set at $100,000.

Continue reading " Broward County Criminal Defense Lawyer – Man Accused of Stealing More than $100K from Condo Association " »

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The use of tasers by law enforcement agencies throughout the country has come under fire over the last few years, according to Broward criminal attorney William Moore. Revelations about the device’s 50,000 volts of electricity and the high degree of pain the guns cause have led community activists, human rights organizations, and criminal defense attorneys alike to oppose their usage in most situations.

Fort Lauderdale criminal lawyer Moore says that while most law enforcement agencies in the United States classify the taser as a moderate level force option – often below even a baton – police departments in other countries, like the United Kingdom, use them when guns could also be warranted. American law enforcement agencies have tended to view the use of the devices as far more acceptable than police in other parts of the world.

This laid-back attitude toward the devices that always cause tremendous pain and occasionally kill suspects has even found its way towards the use of the stun gun devices on children who have encounters with police. In 2004, the Miami-Dade Police Department faced nationwide criticism after two incidents involving children subjected to tasers by law enforcement officers occurred just weeks apart from one another.

One incident involved a 12-year-old girl who was truant from school, Broward criminal lawyer Moore said. The girl was reportedly at a swimming pool, where she was smoking cigarettes and consuming alcohol. A police officer responded and informed the girl that he was taking her to school. She ran away from the officer; the officer said she was potentially going to run into traffic. He tased her, hitting her in the back of the neck and incapacitating her. She was not arrested; instead, she was released to her mother and treated by a physician.

The second incident is more alarming. A six-year-old boy, who was apparently emotionally disturbed, was at his school when he told police officers that he intended to cut himself on the leg with a piece of glass he was holding. The officers responded by using the taser. The child’s mother protested the use of the taser, saying, “If there's three officers, it's nothing to tell a 6-year-old holding a glass, if you feel threatened, 'Hey, here's a piece of candy, hey, here's a toy. Let the glass go.” The company that makes the taser devices has insisted that they are safe for use on any person who weighs at least 60 pounds. The child’s weight was not disclosed.

Continue reading " Fort Lauderdale Criminal Attorney Discusses the Use of Tasers on Children " »

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West Palm Beach criminal lawyer explains that Tazers are stun-gun-like devices that law enforcement officers frequently carry, says West Palm Beach criminal lawyer William Moore. They are supposed to be used on suspects who are resisting arrest with violence, fleeing police officers, or are perceived to be dangerous. Although tasers are frequently applied directly to the victim’s person, they can also be “shot” with long-distance sights. When placed directly onto the suspect, the device causes high levels of pain, and law enforcement officials are often successful in getting the suspect to cooperate using this method of “pain compliance.” When the taser is shot, the suspect who is hit with the electrical impulses will experience muscle contractions throughout the entire body, because many nerves are stimulated by the electrical impulses, according to West Palm Beach criminal lawyer Moore.

Law enforcement agencies have been using the devices since at least the early 1990s, when police in Los Angeles, California attempted to use a faulty device on Rodney King. Now, they have become increasingly common at local police departments, says West Palm Beach criminal lawyer Moore. Unlike in most other developed nations, tasers are not deemed to be firearms, and civilians are carrying them as self-defense tools with increasing frequency.

The tools have come under scrutiny from human rights organizations, including Amnesty International, due to the severe pain a suspect can experience from being tased. The organization has documented more than 70 lethal uses of tasers and has also found that police officers often use them inappropriately. For example, they are sometimes used on suspects who are already in police custody, or to retaliate against a suspect who was difficult.

Electo-shock weapons are particularly open to abuse because they leave very little evidence. Unlike a police beating, which leaves bruising and other obvious injuries, tasers leave behind few telltale signs of their use – which causes “extreme pain,” according to one sheriff. The company that manufactures tasers has studied their use, determining that 80 percent of suspects subjected to the shocks are not armed; in fact, many are already handcuffed and in police custody. Sixty-five percent, according to the same study, were either resisting (but not attacking or threatening an officer) or were verbally non-compliant only. Police may also use the device repeatedly to gain the suspect’s compliance; for example, using the device five times on a suspect who is on the ground but on whom the arresting officers are having difficulty placing handcuffs.

Continue reading " West Palm Beach criminal lawyer Taser Debate – Are Tasers Safe? " »

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Broward criminal lawyer William Moore is interested in the psychology behind serial killers and violent crime more generally. This has been a hot topic in Miami-Dade, Broward, and Palm Beach Counties following the arrest of accused cat killer Tyler Weinman last month. The link between offenders who engage in animal cruelty and later other criminal activity has been established for many years, but the topic remains an interesting discussion. It is vital to remember, however, that Weinman is innocent until proven guilty and that he has been accused of no violent crimes and none towards humans.

According to a recent study of violent crimes and behavior preceding criminal activity, 70 percent of 153 defendants convicted of animal cruelty were later charged with other crimes. Of that group, 38 percent of the arrests were for violent offenses, 37 percent were for drug crimes, 37 percent were charged with “disorderly offenses” (such as public intoxication), and 44 percent were charged with property crimes. A study in Australia found even more links, says Fort Lauderdale criminal lawyer Moore. That study found that those convicted of abusing animals later had very high rates of reoffending in other ways. Eight percent were subsequently convicted of arson, 17 percent of sex offenses, and 61.5 percent of violent offenses against people. It is not clear how large the sample size was in the latter study, however, and therefore what, if any, conclusions can be drawn from the data are unknown.

The spate of school shootings in the 1990s also brought on questions regarding the link between animal abusers and violent crime, including murder, manslaughter, armed robbery, assault, and other offenses. One study found half of the youths involved in carrying out the nine school shootings that occurred between 1996 and 1999 had a known history of abusing animals. The link between serial killers and animal abuse has also been widely discussed. Over a fifth of 354 serial killers studied self-reported histories of animal cruelty, although the study’s authors concluded that the figure was likely low due to the tendency to underreport one’s own negative actions.

Adolescence is the time period in which violent criminals and especially serial killers are most likely to have abused animals, although significant numbers exist to show that serial killers are fairly likely to do so both as children and as adults. Fort Lauderdale criminal defense attorney Moore believes that animal abuse may indicate a violent disposition or identify individuals who have particularly malicious personalities, neither of which constitutes the disposition of the average person arrested for a criminal matter.

Continue reading " Animal Cruelty and Violent Crimes " »

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Posted In: Violent Crimes

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Broward criminal attorney William Moore has been following the cat killer saga since it began several months ago, when Miami-Dade residents in the communities of Palmetto Bay and Cutler Bay began, tragically, to find their pet cats tortured, mutilated, and left dead on their front yards. Last month, Palm Beach criminal attorney Moore learned that law enforcement officials had made an arrest in the cat slayings, charging 18-year-old Tyler Weinman with the killings. Weinman faces 19 counts of improperly disposing of animal remains, 19 counts of felony animal cruelty, and four counts of burglary in connection with the Miami-Dade County cat deaths. Weinman is currently out of jail on a hefty bond -- $249,500, up from the $100,000 bond he was originally given.

Fort Lauderdale criminal lawyer Moore says that, in a somewhat unusual move, authorities sealed the arrest affidavit. In fact, Weinman’s representative was permitted only to look at the document, but not to keep a copy. The law enforcement agency and the State Attorney’s Office insisted that the sealing was necessary due to the ongoing nature of the investigation. In fact, prosecutors hinted that additional arrests might be forthcoming as the investigation progressed.

Now, weeks later, Fort Lauderdale criminal lawyer Moore has discovered that the judge subsequently ordered prosecutors to unseal the arrest affidavit. Information that led to Weinman’s arrest has been made public, including the fact that Weinman was found in the vicinity of mutilated cats on two occasions. He laughed when a law enforcement official advised him to keep his own pet cats indoors. In May, Weinman was stopped in his car and eventually arrested for possession of marijuana as a result of the stop. Police impounded his car and found a cutting tool they believe was used in the mutilations. Weinman had thrown the tool outside of the vehicle during the traffic stop. Police later attached a monitoring device to his vehicle, which placed him near another cat slaying. He also described dissecting cats in his anatomy class and showed off scratches on his arm to a police officer, which he explained were from feeding a feral cat.

The case against Weinman has been described as highly circumstantial and the arrest affidavit shows that police do not have a “smoking gun” linking the teenager to the crime. Weinman does not seem to have made incriminating statements to police, beyond discussing his cat scratches and the cat dissection he performed in school. Police called him a “sociopath” for his alleged involvement. The teen remains on house arrest pending trial. No cat slayings have been reported in weeks.

Continue reading " Cat Killer’s Arrest Affidavit Made Public " »

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Police have arrested a 15-year-old boy on suspicion of robbing a couple at gunpoint in Riviera Beach, Broward criminal lawyer William Moore has learned. Law enforcement officials believe Robert Lamont Felder was the gunman in an attack on a young couple in the early hours of the morning on Sunday, May 31. Felder has been charged with burglary and two counts each of kidnapping and armed robbery while wearing a mask. Because he is being charged as an adult, Felder is being held at the Palm Beach County Jail, says Fort Lauderdale criminal attorney Moore.

Felder appeared in criminal court on Wednesday morning, but the judge rescheduled his bond hearing because Felder’s parents were not present in the courtroom. Law enforcement officials believe that he and an accomplice robbed an 18-year-old man and his girlfriend at gunpoint at about 3:15 in the morning.

The victims told police that they had parked their car in an alley off of Avenue S when their vehicle was approached by two men. One of the men had a t-shirt wrapped around his face to conceal his identity. He hit the male victim on the head with his gun, demanding the man’s money. The victim did not have any money, which angered his assailant, who then demanded their jewelry and cell phones. The two men then got into the backseat of the vehicle where they demanded, at gunpoint, that the male victim drive them to an ATM so that he could withdraw cash for them. He did so, eventually obtaining $600 in Lake Park, which he gave to his attackers.

After obtaining the money, the robbers made the victims drive them back to Avenue S, where they escaped with the female’s purse. Her uncle came out to the alley and tried to chase the attackers as they fled, but stopped when she warned him that they were armed with a gun. A family member suggested that Felder, a classmate of hers, might be one of the culprits when the couple described his crossed eyes. The victims later selected his picture from a photo lineup.

Continue reading " Palm Beach Criminal Attorney – 15-Year-Old Arrested for Robbery " »

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Shaiunna Hare was two years old when she was killed in her crib last Tuesday by her family’s more than eight foot long albino Burmese python, autopsy results recently confirmed, Fort Lauderdale criminal attorney William Moore has learned. A spokesperson for the Sheriff’s Office said the official cause of the child’s death was asphyxiation. The python crushed Shaiunna while she was sleeping in her crib. Autopsy results also showed that the little girl had suffered bites from the snake, as well. She was bitten once on each arm and once on her forehead. Law enforcement authorities are now conducting an investigation into whether Shaiunna’s father, Charles Jason Darnell, and her mother Jaden Ashley Hare, who is 19 years old, will faces criminal charges for her death. The couple lived in a small house with Shaiunna, her two siblings, and the eight-and-a-half foot long python.

On Wednesday, Jason Darnell woke up and noticed that the snake had escaped from its terrarium. Later, he discovered the snake coiled around his two-year-old daughter. Darnell made a frantic 911 call. He also stabbed the snake with a meat cleaver and a knife, but did not kill the animal. The snake is currently being treated by a local vet and being held as evidence in the event that he or the child’s mother face criminal charges. Florida Fish and Wildlife officials expect the snake to survive with proper medical care, says Broward criminal lawyer Moore.

Darnell and Hare likely violated several state laws regarding how snakes and other exotic animals must be kept. State law requires registration for all pythons and also requires that the python be kept in a locked container. There is no record of the python that killed Shaiunna being registered with the proper authorities and the evidence does not suggest that the python was kept in a locked container. Darnell has had prior arrests for driving with a suspended license, possession of cocaine, and criminal mischief. In May, a neighbor reported the couple to the Department of Children and Families regarding concerns that they were using drugs and neglecting their children. Currently, the couple’s other two children are in DCF custody pending an investigation into Shaiunna’s death, Broward criminal lawyer Moore has learned. The couple may face charges including child endangerment and involuntary manslaughter.

In spite of this incident, animal control experts still consider the python to be a relatively safe pet. Shaiunna’s death is apparently the first by a python ever in the state of Florida, though there have been several documented python-related deaths in other states.

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Posted In: Child Neglect

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