Florida Criminal Lawyer Blog

In Broward County, crime scenes can be considered primary or secondary. The primary scene is where the crime actually occurred, while any subsequent scenes are deemed secondary. In a bank robbery, the bank would be the primary scene while the getaway car and the thief's hideout would be secondary scenes. Or, if a killer commits a murder at someone's home, but transports the victim's body to another location, such as a river for disposal, the home would be the primary scene and the perpetrator's car and the river would be secondary scenes. Primary scenes typically yield more usable evidence than secondary scenes, but not always.
Sometimes only a secondary scene is available. If a body is found at a "dump site," this would be a secondary scene. The primary scene, where the murder actually occurred, is not known. Broward County investigators use the evidence found at the secondary scene in an attempt to identify the killer or to locate the primary scene. For example, fibers from an expensive or unusual carpet may be found on the victim. Investigators might be able to use this evidence to identify the manufacturer and the seller and ultimately to create a list of buyers or locations where that particular product has been installed. This may greatly narrow the focus of the investigation and may lead to the primary crime scene and the perpetrator.

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As a Criminal Lawyer in Fort Lauderdale, I have found that a prosecutor's proving drug use in seeking a DUI conviction is far more difficult that straight alcohol cases. In Broward County, the case filer will always charge alternatively (i.e. alcohol/controlled substances).

In Fort Lauderdale, if a person is taking prescribed medication under the direction of a licensed physician, and the operation of a motor vehicle is not recommended, then a person should not lawfully drive if under the influence of same. Additionally, where there is no prescription, the substance is illegal, or a physician does not authorize driving, then a motorist can be prosecuted and convicted of DUI where it can be proven that that drivers faculties were impaired. Remember, this rule also applies to over-the-counter drugs.

Fort Lauderdale Criminal Lawyer's Legal Definition:
Although there is no case law defining the parameters of what constitutes a drug, the element of proof is whether the substance impaired driving abilities to any extent. If a motorist is buzzing from a caffeine high, the state could prosecute the person for drunk driving. In one instance, a person was convicted for lawfully using insulin.

Consult with a Pharmacist in Fort Lauderdale:
It is always best to consult with your treating physician or regular pharmacist regarding the safe operation of a vehicle or whether specific medications can be consumed with alcohol. If there are warnings against the consumption of alcohol, it is more likely that criminal charges will be brought under the drunk driving statute, even though the medication was prescribed.

Fort Lauderdale Criminal Lawyer on Determining Drug Use: The NHTSA established eight field sobriety tests to determine drug usage: horizontal gaze nystagmus (HGN), pupil reaction, pupil size, standing steadiness, one-leg stand, walk-the-line, finger-to-nose, and pulse rate. Officers also consider skin marks, apathy, drowsiness, and hyperactivity. Although relatively accurate indicators of drug use, the reliability of the results is contingent upon the training and experience of the officer administering the tests.

Continue reading " Criminal Lawyer in Fort Lauderdale on Proving Drug Use (DUI) " »

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Driving under the influence, or DUI, is a serious crime in the state of Florida, according to Fort Lauderdale criminal attorney William Moore. DUI occurs when a person operates or is in actual physical control of the vehicle – even if the keys are not in the ignition or if you are asleep in the vehicle or parked and not moving – and is impaired by the usage of alcohol or drugs. Fort Lauderdale criminal attorney Moore notes that a person can be arrested for and convicted of DUI if he or she has a blood or breath alcohol concentration of 0.08 percent or higher or if the person is actually impaired, regardless of the amount of the substance in his or her bloodstream. Further, a person who is not yet the legal drinking age, 21 years, will be presumed intoxicated for the purposes of the DUI statute if his or her BAC was 0.02 percent or higher. One of the most common reasons police officers stop vehicles on suspicion of driving under the influence is failure to maintain a single lane.

The crime of DUI is one that results in harsher sentencing if you have one or more previous convictions for DUI/DWI. The time frame is also relevant – if it is your second DUI within five years or your third within 10 years, the charge is more severe. Other factors may worsen the sentence, either by statute or at a judge’s discretion. For example, Fort Lauderdale criminal lawyers note that driving with an especially high blood or breath alcohol concentration – 0.15 percent or more – triggers enhanced sentencing. Likewise, driving drunk with a child in the car is a factor the judge will take into account.

Refusing a breath test can have serious ramifications. Under Florida’s implied consent law, Fort Lauderdale criminal lawyers explain that drivers are generally required to provide a breath, blood, or urine sample if law enforcement authorities have reason to believe that they are impaired. The first time you refuse a breath alcohol test, or breathalyzer, results in an automatic suspended driver’s license for one year (although the driver can request an administrative hearing on the matter). If the same driver is later suspected of DUI again, refusing to provide a sample becomes a criminal offense. Unfortunately, because there are serious questions regarding the calculations made by the breathalyzer machine, some drivers are uncomfortable relying on a machine that they believe is not always accurate.

The following video was not produced or endorsed by Fort Lauderdale criminal attorney William Moore:

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Criminal Lawyers in Palm Beach County know that at the scene of a major crime, a uniformed officer is assigned to maintain a logbook at the entrance to the scene. The logbook is used to record the names, dates, and times of those persons entering and exiting the sealed area. This record is necessary for future comparison of evidence, such as footprints. The log is admissible in court as an accurate depiction of events, such as the removal of the body by the medical examiner's office and the arrival and departure times of investigators.

Palm Beach criminal lawyers often argue that traffic through a crime scene both removes and destroys evidence that may have exonerated their client. It's also argued that this same traffic can add unwanted items that could be mistaken for evidence.
Reporters, investigators and other individuals at a crime scene bring with them hair, fibers, dirt and other substances that have to ability to contaminate an area being investigated. This is especially true where DNA is being collected. Criminal defense attorneys in Palm Beach as well as in the rest of the country argue this point to no end.

In Palm Beach County uniformed officers should always be stationed outside and around a crime scene to prevent anyone who isn't a police officer from entering. Failure to do so can significantly impair the accuracy of any evidence collected. Crime scene tape is often used as a barrier; however, other items can and should be used as well, such as folding road signs, police vehicles, and even people.

As is to be expected, homicide scenes inspire passionate emotions, especially from family and close friends. Often family members feel they have the right to be inside a house, or particular piece of property, where their loved one was killed. Entrance by any civilian can significantly affect the ultimate outcome of the entire case.

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The first officer on the scene of a homicide, or any crime scene, is most often a uniformed patrol officer. The Fort Lauderdale dispatcher receives a 911 telephone call, and he assigns the case to the next patrol officer on the rotation. Depending upon the severity of the crime and the danger level, more than one officer may be assigned to the same case.

Upon his or her arrival at the scene of a crime, a responding officer must first, if necessary, defend herself or others against attackers. It's then his or her responsibility to provide first aid to the injured and protect the scene and the remaining victims, or witnesses, from harm. It's her duty to make the necessary arrangements to contact emergency personnel, the medical examiner, the crime scene investigation team, and the detectives on duty or on call.

In Fort Lauderdale each patrol car is equipped to properly safeguard a crime scene, and each responding officer should have the knowledge and ability to process the entire scene in the event that all detectives or crime scene investigators are busy elsewhere. The following basic crime scene equipment can be found in each responding police vehicle:

Fort Lauderdale patrol officers carry basic crime scene equipment in the trunks of their vehicles.
• consent-to-search forms
• crime scene barricade tape
• personal protective equipment
• first aid kit
• paper bags
• flashlight
• flares
• notebook or note pad
• tape recorder
• camera
• plastic bags
• knife/scissors
• tape measure
• traffic cones
• hand cleaner
• cell phone

As a criminal lawyer in Fort Lauderdale, Florida, I have had the occasion to review hundreds of cases that have involved some form of evidence collection at a crime scene. Every crime scene is different, each with varying levels of procedural guidelines that must be followed. In the last decade we have seen significant changes in the way that law enforcement engages in this activity due to the fact that a mistake in evidence collection can prove to be devastating to the criminal prosecutor's case.

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According to Fort Lauderdale criminal attorney William Moore, pitting aggressive roosters against one another – a sport known as cockfighting – is common in much of Latin America and other parts of the world, such as India, although a person could face criminal charges here. In fact, cockfighting enthusiasts often raise roosters like well-cared-for pets, looking after their every need for the first two years of their lives. Fort Lauderdale criminal attorney Moore says the roosters are bred to be quite aggressive and therefore naturally inclined to spar with other roosters. Those who bring their roosters to fight and onlookers who attend for entertainment frequently wager on the outcome of the fight. The roosters generally fight until the death with metal spurs stuck on to aid in their fighting.

Animal rights groups have long opposed the sport, likening it to dogfighting, which is conducted in a similar manner, but has probably received more attention and criticism due to the fact that dogs are more common domesticated household pets than roosters are. However, their efforts have taken hold throughout almost the entire United States. Cockfighting is now illegal in Florida and every other state, says Fort Lauderdale criminal attorney Moore. Additionally, even attending a cockfighting event is outlawed in a majority of states, including Florida.

The debate has raged on, however, and cockfighting remains non-criminal in Puerto Rico, Guam, and other outlying American areas like the Northern Mariana Islands. Fort Lauderdale criminal attorney Moore notes that some of the reasons why the debate remains contentious are that the sport has enjoyed an enthusiastic following for many years and that cockfighting is considered to be a cultural event by many transplanted Latin Americans and their descendants.

Attending an animal fight, baiting or fighting animals, and possession of tools used in the baiting or fighting of animals – such as cock spurs or other devices used in the training of fighting roosters – is criminal in the state of Florida. Nonetheless, cockfighting events are often held in secret, on empty land, empty acreage, or farms, without law enforcement agencies discovering the meetings, says Fort Lauderdale criminal attorney Moore. In fact, although these events are less and less commonplace, many attendees may be unaware of the criminal nature of their actions. It is important for anyone arrested for cockfighting or fighting and baiting animals to contact a Fort Lauderdale criminal attorney as soon as possible to begin the preparation of a tough defense.

Continue reading " Fort Lauderdale Criminal Attorney Addresses Cockfighting and Animal Abuse " »

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According to Fort Lauderdale criminal attorney William Moore, pitting aggressive roosters against one another – a sport known as cockfighting – is common in much of Latin America and other parts of the world, such as India, although a person could face criminal charges here. In fact, cockfighting enthusiasts often raise roosters like well-cared-for pets, looking after their every need for the first two years of their lives. Fort Lauderdale criminal attorney Moore says the roosters are bred to be quite aggressive and therefore naturally inclined to spar with other roosters. Those who bring their roosters to fight and onlookers who attend for entertainment frequently wager on the outcome of the fight. The roosters generally fight until the death with metal spurs stuck on to aid in their fighting.
(see Broward County Evidence Article)

Animal rights groups have long opposed the sport, likening it to dogfighting, which is conducted in a similar manner, but has probably received more attention and criticism due to the fact that dogs are more common domesticated household pets than roosters are. However, their efforts have taken hold throughout almost the entire United States. Cockfighting is now illegal in Florida and every other state, says Fort Lauderdale criminal attorney Moore. Additionally, even attending a cockfighting event is outlawed in a majority of states, including Florida.

The debate has raged on, however, and cockfighting remains non-criminal in Puerto Rico, Guam, and other outlying American areas like the Northern Mariana Islands. Fort Lauderdale criminal attorney Moore notes that some of the reasons why the debate remains contentious are that the sport has enjoyed an enthusiastic following for many years and that cockfighting is considered to be a cultural event by many transplanted Latin Americans and their descendants.

Attending an animal fight, baiting or fighting animals, and possession of tools used in the baiting or fighting of animals – such as cock spurs or other devices used in the training of fighting roosters – is criminal in the state of Florida. Nonetheless, cockfighting events are often held in secret, on empty land, empty acreage, or farms, without law enforcement agencies discovering the meetings, says Fort Lauderdale criminal attorney Moore. In fact, although these events are less and less commonplace, many attendees may be unaware of the criminal nature of their actions. It is important for anyone arrested for cockfighting or fighting and baiting animals to contact a Fort Lauderdale criminal attorney as soon as possible to begin the preparation of a tough defense.

Continue reading " Fort Lauderdale Criminal Attorney Addresses Cockfighting and Animal Abuse " »

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In Palm Beach County, where the trial court dismisses an indictment before the jury is sworn or before the court hears evidence, jeopardy has not attached, and the defendant may again be indicted and tried for the same offense. A good Palm Beach County criminal attorney knows that the assigned prosecutor may be entitled to dismiss the case before trial commences. Once the defendant is placed in jeopardy, however, the defendant is entitled to have the trial proceed to a final verdict unless "manifest necessity" warrants a mistrial. Palm Beach criminal attorney William Moore can explain these nuances to clients.

Every Palm Beach criminal lawyer must accept the fact that the trial judge exercises broad discretion in identifying situations in which a mistrial is appropriate. However, Palm Beach County criminal judges do recognize several-forms of manifest necessity:

1. If a mistrial is declared because of a deadlocked jury, double jeopardy does not bar a second trial in Palm Beach County.
2. Misconduct by the defendant or defense counsel, which necessitates a mistrial, will not bar-a- second trial in Palm Beach County.
3. A defense motion for a mistrial constitutes a deliberate election to forego a claim of double jeopardy at a subsequent prosecution (Retrial is barred, however, if the defendant's motion for a mistrial was motivated by prosecutorial or judicial conduct intended to provoke the mistrial motion.

Palm Beach criminal lawyer must be mindful that if the trial concludes in a conviction that is reversed on appeal, the defendant normally can be retried for the same offense.
However, double jeopardy imposes two limitations upon a second prosecution.
1. A reversal of the initial conviction because of the insufficiency of the evidence amounts to a directed verdict of acquittal, which bars further prosecution. In Tibbs v. Florida, U.S. Supreme Court treated reversal because of insufficiency of the evidence as distinct from reversal on the weight of the evidence. A decision that the verdict was against the weight of the evidence is similar to a mistrial because of a deadlocked jury, and a retrial is permissible. Only a decision that the evidence was legally insufficient to support the verdict will shield the defendant from retrial.
2. The second limitation upon retrial is that the defendant cannot be charged with a greater offense than that for which the defendant was convicted at the first trial. A conviction of a lesser included offense (e.g., second degree murder) at the first trial constitutes an implied acquittal of the greater offense (first degree murder). Thus, the defendant cannot be charged with the greater offense on retrial. The prohibition of double jeopardy does not bar imposition of a harsher sentence at a second trial, but the due process clause places some limitations upon increased sentences.

The constitutional protection from being tried twice for the same crime is not one that needs to be asserted often. The fact is that in today's criminal justice system, case filers working for the State Attorney's Office generally avoid any attempt to knowingly violate this foundation of our constitution. Nonetheless, every criminal defense attorney will come across the issue in one way or another every year or so.

Continue reading " Palm Beach County Lawyer Source: Double Jeopardy " »

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As Palm Beach criminal lawyer Moore has pointed out in the past, the Fourth Amendment is a limitation upon the search and seizure powers of the federal and state governments. The amendment applies to all federal and state officials and is not limited to law enforcement personnel. Thus, the amendment applies to searches conducted by public school officials and to public employer searches for work-related purposes. The amendment and it's exclusionary rule, however, are "wholly inapplicable" to a search or seizure, even in unreasonable ones, effected by a private individual not acting as an agent of the Government or with the participation of any government official.'
Whether a private party should be deemed an agent of the government for Fourth Amendment purposes turns on the degree of the government's participation in the private party's activities. For example, a private security guard, acting alone, may search an employee's locker and turn the fruits of the search over to public law enforcement officials who may use the evidence at trial. The exclusionary rule, however, would bar the use of the evidence if the private security guard had conducted the search at the behest of federal or state law enforcement officers. Not only may the police accept the fruits of a private search, they also may reexamine the seized property as long as the police "do no more than the private parties have already done". For example, the police may reopen a package previously opened and then resealed by a private courier.

Foreign law enforcement officials also are exempt from the restraints of the Fourth Amendment. Unless circumstances "shock the judicial conscience," the exclusionary rule does not apply to searches conducted by a foreign sovereign in its own territory. Nor is the Fourth Amendment extraterritorial in its coverage; thus U.S. agents may search and seize property owned by a nonresident alien and located in a foreign country.

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