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.

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

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.

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

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
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(Additional Offices & Locations in South Florida)

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.