Florida Criminal Lawyer Blog

It is unlawful for any licensed dealer, manufacturer, or importer willfully and intentionally to request criminal history record information under false pretenses, or willfully and intentionally to disseminate criminal history record information to any person other than the subject of such information. Any person convicted of a violation of this prohibition commits a felony of the third degree, punishable as provided by statute. Moreover, any licensed importer, manufacturer, or dealer or any employee or agency thereof who violates the above provisions commits a felony of the third degree, punishable as provided by statute. Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided by statute.

There is a mandatory three-day waiting period, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. It is a felony of the third degree, punishable as provided by statute (1) for any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the three-day waiting period and (2) for a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation.

Caution: The three-day waiting period does not apply (1) when a handgun is being purchased by a holder of a concealed weapons permit and (2) to a trade-in of another handgun.

Florida personal injury attorneys argue that an action for three-fold damages may be brought by a person who has been injured due to certain specified prohibited conduct involving a pattern of "criminal activity," which is defined to include a crime chargeable by indictment or information under the statutory provisions relating to weapons and firearms.
He or she is also entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts, but not punitive damages.

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Although there is authority holding that self-defense is not a viable defense to a charge of unlawful possession of a firearm by a convicted felon, it has also been held that there may be circumstances under which a convicted felon's possession of a firearm would be justified. According to this latter view, a convicted felon's temporary possession of a firearm does not constitute a crime if the following five circumstances are present:
(1) defendant is in present, imminent, and impending peril of death or serious bodily injury, or reasonably believes him- or herself or others to be in such danger;
(2) defendant must not have intentionally or recklessly placed him- or herself in a situation in which it was probable that he or she would be forced to choose the criminal conduct;
(3) defendant must not have any reasonable, legal alternative to possession of the firearm;
(4) the firearm must be made available to defendant without preconceived design; and
(5) defendant must give up possession as soon as the necessity or apparent necessity ends.
Necessity or justification may constitute a valid defense to a charge of unlawful possession of a firearm by a convicted felon based on the circumstances, and in such event, the defendant is entitled to a jury instruction on such defense.
A person found guilty of a felony may not defend against a charge of possession of a firearm by a convicted felon on the ground that he or she lacked knowledge of his or her status as a convicted felon. However, the antique firearm defense was available to a defendant charged with possession of a firearm by a convicted felon as the statute expressly provided that the class of firearms a convicted felon is prohibited from possessing excludes "antique firearm."

If you have been arrested in Fort Lauderdale, contact our criminal lawyers today.

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A single criminal conspiracy may have for its object the violation of two or more criminal laws or two or more substantive offenses, but the conspiracy is still one offense, if a single agreement exists, no matter how many repeated violations of the law may have been the object of the conspiracy. Whether an information properly charges multiple conspiracies or a single ongoing conspiracy depends upon analysis of the proof adduced at trial.
An agreement is the primary element of a conspiracy, and the agreement may go on for a long period of time and include the performance of numerous transactions and have multiple objectives.
A criminal conspiracy continues to exist until consummated, abandoned, or otherwise terminated by some affirmative act. The State has the burden to prove the conspiracy has been consummated, abandoned, or otherwise terminated.

Fort Lauderdale Criminal Lawyer Illustration: The defendant and several other persons agreed to purchase and sell large quantities of cocaine. The evidence showed there was one overall conspiracy to traffic by co-conspirators making a series of trips to Miami, and the cocaine was thereafter distributed in Florida and Georgia. The State failed to demonstrate that the original conspiracy was consummated, abandoned, or terminated by some affirmative act, and the defendant could only be convicted of one conspiracy charge.

A defendant may not be put in double jeopardy by trial for the same conspiracy to commit a different criminal act, such as where the State fails to demonstrate that the original conspiracy was consummated, abandoned, or otherwise terminated by some affirmative act.
Where the trial evidence does not support convictions for two counts of conspiracy to commit murder when there is a single express agreement between the defendant and an accomplice to commit the murder of one individual, the fact that another individual happens to be at the scene and is also killed does not alone render the agreement a double conspiracy.

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Broward County Arrest Warrants - Requirements
When issued, the arrest warrant must (1) be directed to a law enforcement official, (2) name the accused or set forth a description by which the accused can be identified with reasonable certainty, (3) describe the offense charged, (4) command that the accused be arrested and brought before a court of appropriate jurisdiction in the city, county, or town in which the alleged offense was committed, and (5) be signed by the issuing officer.

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Ernesto Miranda, the defendant who took an appeal all the way to the United States Supreme Court after his arrest was ultimately convicted of the same crime at his second trial. Furthermore he was ultimately murdered at a bar following his release from prison. When advised of his right to remain silent, his killer exercised his right to refrain from incriminating himself thanks to the very protections that his victim was responsible for establishing.

To see a photo of Miranda himself check out Ernesto Miranda.

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An "assault,"or "simple assault," is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Thus, the statute requires proof of three elements: (1) an intentional, unlawful threat; (2) an apparent ability to carry it out; and (3) creation of a well-founded fear that the violence is imminent.

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The criminal defense attorneys & support staff of William Moore, P.A. wishes all of their clients, Courthouse personnel and Judges a merry holiday season. Our offices will be closed from December 24th to the 29th, however, we will have attorneys available by cell phone in the event of an emergency. For criminal arrests in Broward County, the hotline number is 954-993-5935. For Palm Beach County call 561-802-9001. Existing William Moore, P.A. clients may simply call the main number at any time and they will be forwarded to an attorney immediately.

William Moore reminds everyone to be safe this holiday season and we look forward to seeing you in the new year!

The William Moore, P.A. Staff
One Financial Suite 2500
(Additional Offices & Locations in South Florida)

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Broward County Criminal Attorney Forum – Larceny & Embezzlement

We recently received an email from a Broward County individual asking as to make the distinction between larceny and embezzlement.

An important clue to distinguishing among larceny, embezzlement, and false pretenses, is the victim's state of mind regarding the property. In larceny cases, the victim intends either to pass nothing or to pass mere physical custody of the property. In embezzlement cases, the victim intends to entrust temporary possession of the property to another (most often an employee). In situations involving false pretenses, the victim intends to give up all rights to the property by passing title and possession to another.
In all three forms of theft, the defendants must have an intent to deprive another of the property permanently. The defendants, however, can be distinguished by their conduct when initially acquiring the property.

The criminal attorneys at William Moore, P.A. handle all theft crimes and are available to discuss your criminal charges at our West Palm Beach, Broward County or Miami-Dade offices. A criminal charge should not be taken lightly and clients are advised to speak with several criminal attorneys before deciding who is right for them.

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As criminal defense attorneys we deal with defending theft crimes on a regular basis. More often than not, we are asked to explain statutes pertaining to the knowing acceptance of property that is known to be stolen. Receipt of Stolen Property Stolen property includes property acquired by larceny, embezzlement, false pretenses, or any other form of theft recognized by the particular jurisdiction. Receipt of stolen property may be by actual or constructive possession because a defendant who exercises control over the property has received it, even if the defendant never physically touches the property. For example, a "fence" instructs the thief to deliver the property directly to a customer who will pay the fence for the property. The fence, while never touching or even seeing the stolen property, has controlled (constructively possessed) it by arranging for its sale. On the other hand, a person may come in contact with stolen property but not control or receive it.
For more information on theft statutes, contact criminal defense attorney William Moore for cases in Broward County and criminal attorney Andrew Alitowski for criminal cases in West Palm Beach.

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Any Fort Lauderdale criminal attorney will tell you that an unlawful touching in a battery may involve direct body-to-body contact or an indirect touching by some instrumentality used by the defendant. The defendant causes a touching by launching any force in motion whether it be a thrown knife, a driven car, or a dog ordered to attack the victim. In a few situations, omission—the failure to act when faced with a duty to act—might cause a battery. Although Florida has specific statutes dealing with child neglect, a parent's failure to protect a child from an unlawful touching might result in criminal charges for battery upon the child.
Note that when a battery is attempted but no contact or harmful touching occurs, an individual may be charged with assault.

Criminal Defense Attorney Daily Review -

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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.

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