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The William Moore, P.A. Staff
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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.

Criminal Defense Attorney Daily Review -

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.

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:

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.

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.

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.

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.

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.