Florida Criminal Lawyer Blog

Domestic violence has always been a difficult issue, says Broward criminal attorney William Moore. Until relatively recently, violence within the home had little or nothing to do with the criminal justice system. Violence that occurred behind closed doors was not a topic for public discussion and police were infrequently involved in domestic disputes, according to Fort Lauderdale criminal lawyer Moore.

During the past 20 to 30 years, that attitude has changed greatly, says Fort Lauderdale criminal attorney Moore. Rather than simply ignoring the problem, some states have enacted laws that says law enforcement agencies must separate a couple if they are called to a domestic disturbance – which usually means taking one to jail.

In cases where both people allege that they were attacked by the other, the law enforcement officers responding to the scene attempt to weigh the available evidence to determine which party was the aggressor or who inflicted the most damage. This evaluation includes figuring out which party, if any, has visible injuries and the extent of those injuries. Law enforcement officers will likely interview the people involved (and witnesses, if there are any) apart from one another to avoid further fighting and to receive the most accurate possible versions of events. The police officers may also evaluate factors such as alcohol or drug usage leading up to the domestic violence incident or accusation.

In Florida, most criminal defendants who take a plea deal involving a domestic violence or domestic battery charge involve batterers intervention classes, which usually meet weekly. Those who take the plea deal must often meet probation-like requirements, such as reporting regularly and staying free of drugs. They must also attend a certain number of batterers intervention classes while paying the required fee per class. However, plea deals offered by the state vary significantly from case to case and defendant to defendant and may account for factors such as the defendant’s prior record and the seriousness of the allegations.

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Broward County Criminal Lawyer William Moore talks about violence and age.
In general, when most people think of violent crimes or offenders, they think of young people, says Broward criminal lawyer William Moore. This is due to a combination of factors: television, the media, popular ideas about criminal gangs, personal experiences, and, yes, even reality. Young men tend to the be most likely demographic to engage in criminal behavior more generally, especially crimes like criminal mischief, assault, battery, and burglary. It would be a mistake, however, to dismiss any possibility that a person will commit a crime due to his age, Fort Lauderdale criminal attorney Moore says.

The recent murder-suicide of a Delray Beach couple has brought this fact to the attention of the public. In a state where many people come to retire and live out their last years on our sunny beaches, it is a topic worthy of discussion. Carl Sims was an 89-year-old man who had served on the Detroit police force for the bulk of his career, working as a patrolman from 1946 until 1971. He had been married to his wife, Florence Sims, for 15 years. Florence was 86 years old. On August 23, Carl Sims, facing declining health and another new setback when paramedics had to come to the home during the night. Florence had been suffering from health problems as well. Sometime before 6:00 a.m., Carl took a gun and shot his wife, then himself. He died instantly, but Florence was discovered by a nurse shortly after the shooting, and survived for several hours.

While murder-suicide may be an extreme example, Broward County criminal lawyer Moore says that domestic violence is a more common type of violence in older populations. Domestic violence may occur in a home when there is drug or alcohol abuse or other problems – and it is not limited only to younger people, or even to men. Domestic violence can be any violence that occurs between members of a household, such as a woman hitting her live-in boyfriend or hurting her child. It can also be between partners who have a child together, even if they have never resided in the same household and even if they have since ended their relationship.

Domestic violence is often a difficult criminal charge to prove, because of the “he said, she said” factor. This is especially true where both parties have visible injuries, as the accused party may have been exercising self-defense.

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Fort Lauderdale Criminal Lawyer, William Moore, claims that people often speculate about perpetrators and their possible motives when they hear of a local crime or when a particularly notorious garners national attention. For example, many people have followed the case of Caylee Anthony, the little girl who was apparently murdered in Florida last year, says Fort Lauderdale Criminal Lawyer William Moore. Now, her mother is facing trial for the crime.

Murders are the most serious of crimes and, many might speculate, the most difficult to solve. However, depending on how the person was killed, a murderer may leave behind clues that allow police detectives to piece together what happened. DNA evidence can frequently being collected from the scene of a homicide – perhaps from under the fingernails of the deceased, if a struggle preceded the death. If a gun was used, law enforcement agencies may be able to trace the bullets or identify the gun that shot them. Additionally, Fort Lauderdale Criminal Lawyer says a killer often has a motive. An abusive ex-husband may be filled with jealousy and rage over his former wife’s life without him or her new boyfriend. Money could motivate a person who would receive substantial amounts of life insurance.

Crimes that seem random may be the most difficult to solve. Burglary, for example, is committed generally to steal items of value. The motive, therefore, is not usually personal to the victims, says Broward criminal lawyer Moore.

Burglary is probably the most difficult to solve because its perpetrators do not have a motive that makes the victim’s identity relevant. In most cases, they will elect to steal from an unoccupied home or dwelling, which may leave few, if any, witnesses. The third reason why they are particularly difficult for law enforcement agents to solve is that they frequently do not leave evidence behind.

Committing a burglary, unlike committing a violent crime, is less likely to result in leaving identifying evidence at the crime scene. A skilled burglar might wear gloves, for example, to avoid leaving fingerprints. He is unlikely to leave blood at the crime scene and, if there is no one at the residence, it is probable that he will not be seen. Some crime statistics suggest that only a small fraction of burglaries are ever solved, likely for the reasons outlined here.

Homeowners can guard against these crimes by using heavy-duty locks, including deadbolts. They can also use ample yard and porch lighting, which will discourage the burglar who wants to sneak into the home under the cover of darkness.

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Late on Sunday night or sometime early Monday morning, one or more intruders apparently broke into a Miramar home, Broward criminal attorney William Moore has learned. The details of what followed remain fuzzy, as there are few witnesses.

The home belonged to Faith Bisasor, who was 49 years old. She was killed in the attack, although police have not released her cause of death to the public at this time, Fort Lauderdale criminal attorney Moore has learned. Her 15-year-old son, Davlon Bishop, was also murdered, as was Nekitta Hamilton, also 15, who has been described as a family friend. Hamilton was visiting from Jamaica.

Another person was severely injured during the attack. The fourth victim was injured and left for dead. She was eventually able to call a friend for help. The friend notified police, who found the victims at the home. However, due to the extensive nature of her injuries and the fact that she has undergone multiple surgeries, law enforcement agents have been able to glean little, if any, information from her. She remains at Memorial Regional Hospital in Hollywood, where a law enforcement officer has kept constant vigil, awaiting her ability to provide information about the attack. Law enforcement agencies have declined to release the identity of the fourth victim because they fear she could be killed to prevent her from speaking out about the crime or identifying the perpetrators.

Bisasor worked for a decade as a nurse at the emergency room of a local hospital, Broward criminal defense lawyer Moore has learned. She has been described as an outstanding mother. Her son was an honors student at a local high school. Students at his school are planning a memorial for Bishop, who was well-liked and maintained outstanding grades. Friends and teachers have described him as selfless and academically successful with great support from his family. He would have been a junior this fall.

Hamilton’s father is famous in Jamaica for his reggae music. He traveled immediately to Florida upon being informed of his daughter’s death. He has pleaded with the community to come forward with any clues they may have, as neighbors have reported hearing and noticing nothing out of the ordinary on the night the homicides occurred. Bishop’s father has declined to comment on the matter to the media.

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Fort Lauderdale Criminal Defense Attorney, William Moore, claims that many Floridians mistakenly believe that criminal defendants convicted of serious crimes will serve only a short period of time in prison before being released on parole. This misunderstanding may be due to the lenient parole systems in other states or the way parole worked many years ago. They may also hear of notorious criminals being released on parole after rehabilitation during decades in prison, says Fort Lauderdale Criminal Defense Attorney William Moore. In any case, the parole system in Florida emphasizes the importance of serving the vast majority of a sentence behind bars.

If a defendant is convicted and sentenced to a prison sentence for a crime that occurred on or after October 1, 1995, according to Broward criminal attorney Moore. He must serve no less than 85 percent of the sentence before being eligible for parole. That means, for example, that a person convicted of burglary who is sentenced to ten years in prison must serve a minimum of eight and a half years. Likewise, a person convicted of sexual battery who is sentenced to 15 years must serve at least 12.8 years before being eligible to go before the parole board.

The calculations do not apply to absolutely every sentence, however, and the most notable exception is life imprisonment. A person who has been sentenced to life in prison without the possibility of parole cannot thereafter be paroled in the state of Florida. There is a separate sentence for life with the possibility of parole, which is the sentence approximately six percent of Florida inmates are currently serving, compared to five percent without the possibility of parole.

The Florida law has resulted in an increase in the percentage of a sentence that the average inmate serves in the state. In 2001, the average percentage served was 82.4 percent, reflecting a fair number of inmates whose convictions were for crimes committed before the cutoff date. By 2005, the figure had increased to 85.7 percent. Parole remains infrequent: in 2005, of all of the prisoners released, just 0.2 percent were paroled, or one of every 500 released.

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Fort Lauderdale Criminal Attorney William Moore handles many different types of criminal defense cases, including driving under the influence of alcohol or drugs. One common issue that trips up many new clients is probation. Probation is a tool frequently used by judges or offered by state attorneys in plea agreements. It is less costly than imprisoning or jailing a person, yet still allows for the state to exercise a large degree of control over an offender.

One of the most common ways a person ends up on probation is after taking a plea deal. In exchange for a guilty plea, the prosecutor may agree to offer, for example, a year of probation. For a criminal defendant who has a difficult case to win at trial, this may be a good offer, depending on the circumstances of his or her individual case, says Fort Lauderdale criminal attorney Moore. After all, there is certainty that the defendant can avoid time in jail.

Probation is not as easy as some people believe it is, however, and the defendant must comply with numerous requirements. He will have to pay various fees and will likely be forbidden from consuming drugs or alcohol. He will be subjected to random drug tests. He cannot be arrested again for any other crime.

The consequences of violating probation are serious. In a violation of probation hearing, the state does not need to prove their case beyond a reasonable doubt, as it does in a trial for a regular crime. The defendant does not get to have a jury trial and can event be forced to incriminate himself by giving testimony – no taking the Fifth Amendment. There’s no bail while awaiting a violation of probation hearing, so you could be stuck in jail for weeks while you await your hearing. Even something as simple as failing to pay court costs counts as a violation of probation.

When sentencing you, the judge can be as harsh as he or she could have been when sentencing for the under lying crime (the one that resulted in the probation). So even if you complete 11 of 12 months of probation successfully, the judge could order you to jail for another year, according to Broward criminal attorney Moore. However, the outcome of a violation of probation depends on the unique facts of each case.

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Broward County criminal lawyer William Moore reports that just prior to opening time at 10:00 a.m. on Monday, police believe two young men manipulated their way into an Oakland Park Taco Bell, says Broward County criminal lawyer William Moore. Law enforcement officials say the men may have acted as though they were seeking employment so as to be let into the store before it opened. The store’s manager, 39-year-old Tikkitress Johnson, was the only person at the location, Fort Lauderdale criminal attorney Moore has learned.

Johnson was found dead later in the morning by her co-workers. She had been stabbed to death. According to Johnson’s family, she had three children, had made a career of working for Taco Bell for two decades, and had recently celebrated her 20th wedding anniversary with her husband, Herb Johnson, Broward County criminal lawyer Moore has learned.

Law enforcement officials launched an immediate investigation into her death, identifying the suspects as two men in their early twenties. Both were described as above-average in height and slender. On Tuesday morning, police executed a search warrant at the home of Karari Ritchie, according to Ritchie’s stepfather. Police sought blood-stained items, a knife or similar sharp weapon, clothing, a cell phone, and other items in connection with the murder. They collected a number of items from Ritchie’s home before placing him under arrest for the murder of Tikkitress Johnson, Palm Beach criminal lawyer Moore says. Investigators left the house with clothing, a gauze pad, and other potential evidence. Ritchie’s stepfather says that he does not believe his stepson could be involved in such heinous crimes. Police conducted the search at about 5:30 a.m. on Tuesday, less than 24 hours after Johnson’s stabbing death occurred.

Ritchie’s criminal record is limited. As an adult, he has been arrested only once, for trespassing. As a juvenile, he was apparently arrested for the same offense, although the disposition of either case was not immediately available. A Broward County Circuit Court judge has ordered that Ritchie be held in custody without bond. He has been charged with felony murder stemming from a robbery.

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In the last few months, the Broward County Sheriff’s Office began to examine disturbing reports it was receiving regarding one of its own deputies, says Broward criminal attorney William Moore. Now, former Sheriff’s deputy Jonathan Bleiweiss has been openly accused of committing sex crimes. He was relieved of his patrol duties in the middle of July and eventually charged with 14 crimes stemming from the investigation, Fort Lauderdale criminal lawyer Moore has learned.

Bleiweiss has been charged with multiple counts of sexual battery by a person in an authoritative position and simple battery, in addition to a single count of stalking. Prosecutors believe that Bleiweiss conducted late-night or early morning traffic stops in his patrol area under false pretenses. Once he had pulled over Latino men, he harassed them sexually, even bullying some into engaging in sex acts with him. Bleiweiss is accused of targeting undocumented immigrants, who may have been especially reluctant to report the offenses to law enforcement officials.

Fort Lauderdale criminal lawyer Moore says that Bleiweiss has been held in custody since he was charged. His accusers – at least eight men – picked him out of a photo lineup in a process that began last month. His alleged victims reported to investigators that he patted them down after requiring that they get out of the car. During the pat-down, Bleiweiss is accused of fondling them. At least some of the men agreed to give the deputy their cell phone numbers, which were allegedly used to contact the victims and to arrange meetings for sexual activity.

One of the victims says he was targeted by Bleiweiss on five different occasions during a period of just two and a half months this past spring. The man says that the deputy continued sending him text messages and calling him, despite his efforts to resist the officer’s advances.

Broward criminal defense lawyer Moore says that the charges against Bleiweiss have tainted the ability of the State Attorney’s Office to prosecute certain crimes. Unable to call Bleiweiss as a witness, prosecutors will be forced to drop some charges altogether. There are at least some criminal defendants whose alleged crimes were witness only by the former deputy and without his testimony, there will be extremely limited evidence – if any at all – that a crime was committed.

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For decades now, the federal government of the United States has been waging a War on Drugs. President Nixon coined the term in 1969, says Broward criminal lawyer William Moore. Initially, the term meant a crackdown on the international drug trade, particularly from Latin American countries. Colombia, for example, is known for its mass production of the plant from which cocaine is derived, and is considered to be a major supplier of the drug to the United States through the illicit drug trade. Now, however, the War on Drugs has been criticized more broadly as the federal government has attempted to toughen domestic law enforcement through the Drug Enforcement Administration. Recently, however, the DEA came under new leadership following the election of President Obama and the agency’s priorities have changed, says Fort Lauderdale criminal attorney Moore.

On one hand, the current administration faces the growing problem of Mexican drug violence, says Broward criminal lawyer Moore. Hundreds have been slain, especially along the U.S.-Mexico border. Powerful drug cartels have been responsible for many home invasions, in which their victims – often low-level drug dealers – and their families are brutalized. The continuing violence has alarmed residents of Arizona and other border states. Even cities as far from the border as Birmingham, Alabama have seen violent crimes as a result of the drug cartels.

In March, Attorney General Eric Holder announced that the DEA would be taking a new approach to medical marijuana, says Fort Lauderdale criminal attorney Moore. Several states, including California, have made marijuana available for medicinal use when recommended by a physician. The note authorizing medical marijuana is not a prescription in the traditional sense. It also does not contain information about the amount of marijuana a patient may purchase, the proper “dosage,” or the frequency with which it is to be used. Medical marijuana is not dispensed by a pharmacist, either. Instead, it purchased as a dispensary, small stores that require the doctor’s note to get in. The stores also notably sell marijuana-themed merchandise and novelties like pot ice cream.

Under the Obama administration, the DEA has stopped raiding dispensaries, Fort Lauderdale criminal attorney Moore says. Because medical marijuana is legal under California law but not federal law, the DEA under the previous administration raided several of the outfits. Now, however, the DEA is focusing on other matters – likely including the uptick in drug violence from Mexico and the spillover onto American soil.

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