Florida Criminal Lawyer Blog

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.

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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.

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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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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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The use of tasers by law enforcement agencies throughout the country has come under fire over the last few years, according to Broward criminal attorney William Moore. Revelations about the device’s 50,000 volts of electricity and the high degree of pain the guns cause have led community activists, human rights organizations, and criminal defense attorneys alike to oppose their usage in most situations.

Fort Lauderdale criminal lawyer Moore says that while most law enforcement agencies in the United States classify the taser as a moderate level force option – often below even a baton – police departments in other countries, like the United Kingdom, use them when guns could also be warranted. American law enforcement agencies have tended to view the use of the devices as far more acceptable than police in other parts of the world.

This laid-back attitude toward the devices that always cause tremendous pain and occasionally kill suspects has even found its way towards the use of the stun gun devices on children who have encounters with police. In 2004, the Miami-Dade Police Department faced nationwide criticism after two incidents involving children subjected to tasers by law enforcement officers occurred just weeks apart from one another.

One incident involved a 12-year-old girl who was truant from school, Broward criminal lawyer Moore said. The girl was reportedly at a swimming pool, where she was smoking cigarettes and consuming alcohol. A police officer responded and informed the girl that he was taking her to school. She ran away from the officer; the officer said she was potentially going to run into traffic. He tased her, hitting her in the back of the neck and incapacitating her. She was not arrested; instead, she was released to her mother and treated by a physician.

The second incident is more alarming. A six-year-old boy, who was apparently emotionally disturbed, was at his school when he told police officers that he intended to cut himself on the leg with a piece of glass he was holding. The officers responded by using the taser. The child’s mother protested the use of the taser, saying, “If there's three officers, it's nothing to tell a 6-year-old holding a glass, if you feel threatened, 'Hey, here's a piece of candy, hey, here's a toy. Let the glass go.” The company that makes the taser devices has insisted that they are safe for use on any person who weighs at least 60 pounds. The child’s weight was not disclosed.

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West Palm Beach criminal lawyer explains that Tazers are stun-gun-like devices that law enforcement officers frequently carry, says West Palm Beach criminal lawyer William Moore. They are supposed to be used on suspects who are resisting arrest with violence, fleeing police officers, or are perceived to be dangerous. Although tasers are frequently applied directly to the victim’s person, they can also be “shot” with long-distance sights. When placed directly onto the suspect, the device causes high levels of pain, and law enforcement officials are often successful in getting the suspect to cooperate using this method of “pain compliance.” When the taser is shot, the suspect who is hit with the electrical impulses will experience muscle contractions throughout the entire body, because many nerves are stimulated by the electrical impulses, according to West Palm Beach criminal lawyer Moore.

Law enforcement agencies have been using the devices since at least the early 1990s, when police in Los Angeles, California attempted to use a faulty device on Rodney King. Now, they have become increasingly common at local police departments, says West Palm Beach criminal lawyer Moore. Unlike in most other developed nations, tasers are not deemed to be firearms, and civilians are carrying them as self-defense tools with increasing frequency.

The tools have come under scrutiny from human rights organizations, including Amnesty International, due to the severe pain a suspect can experience from being tased. The organization has documented more than 70 lethal uses of tasers and has also found that police officers often use them inappropriately. For example, they are sometimes used on suspects who are already in police custody, or to retaliate against a suspect who was difficult.

Electo-shock weapons are particularly open to abuse because they leave very little evidence. Unlike a police beating, which leaves bruising and other obvious injuries, tasers leave behind few telltale signs of their use – which causes “extreme pain,” according to one sheriff. The company that manufactures tasers has studied their use, determining that 80 percent of suspects subjected to the shocks are not armed; in fact, many are already handcuffed and in police custody. Sixty-five percent, according to the same study, were either resisting (but not attacking or threatening an officer) or were verbally non-compliant only. Police may also use the device repeatedly to gain the suspect’s compliance; for example, using the device five times on a suspect who is on the ground but on whom the arresting officers are having difficulty placing handcuffs.

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When most people think of graffiti, they conjure up images of crudely scrawled words and messages in spray paint in an inner city neighborhood or perhaps the New York City subway. Graffiti has changed to a large degree, however, and many graffiti artists are proud of their work, says Broward criminal defense attorney William Moore. They may go to great lengths to paint works that they believe are beautiful and which are certainly artistic, even “signing” their names – with a signature symbol or an illegible name or initials. Many are believed to like the recognition associated with the artwork, although they probably do not want to be charged with vandalism or criminal mischief.

Graffiti is extremely controversial, notes criminal lawyer Moore, and it has been hotly discussed by the Hollywood, Florida City Council in recent weeks. To many members of a community, it is vandalism, the defacing of property belonging to another or belonging to the government. The artistic value is minimal to those in that particular school of thought. Additionally, anti-graffiti community members tend to be concerned about other ramifications. The art form has long been associated with hip-hop music, as well as criminal gang activity. The gangs may use graffiti to denote the boundaries of their “territory,” a problem associated with increased violence and crimes. In Hollywood, this occurred recently when young graffiti artists were apprehended while “tagging” the water tower.

Other people see graffiti more as a form of public art. These proponents believe that graffiti as an art form can be an outlet for the community. Belfast, Northern Ireland, had public graffiti space during political and religious strife; Los Angeles has also had the same concept in ethnically and racially diverse areas. Likewise, the Berlin Wall was extensively covered in graffiti that expressed political messages.

Some graffiti artists have become relatively famous. An artist’s technique may not be limited to simply spray-painting his initials or nickname all over town, an oft-condemned practice known as “tagging.” Instead, he may use carefully cut out stencils, or even erect a colorful mural over a period of days. Tagging and other quick graffiti practices have gained favor because time is of the essence to a graffiti artist. After all, the less time an artist spends painting, the less likely it is he will be found out and arrested by law enforcement officials.

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Fort Lauderdale criminal attorney William Moore is well-aware of the dangers of human trafficking. Smuggling often results in individuals desperate for a better life attempting to immigrate to the U.S. in sub-par conditions. Just a few days ago, a boat off the coast of Boynton Beach in Palm Beach County capsized, resulting in the drowning deaths of at least 10 people. The United States Coast Guard was not alerted to the problem for a number of hours after the small, overpacked vessel turned over in the middle of the night, and rescue operations did not commence until the smuggled individuals had been in the Atlantic waters for approximately nine hours.

Now, Broward criminal lawyer Moore says federal agencies are beefing up their anti-smuggling operations around the waters of south Florida. In particular, the United States Customs and Border Protection has one of only two planes in existence that can closely track vessels in the water. According to the agency, the airplane is capable of capturing close-up images of the faces of people aboard a vessel from 10,000 feet in the air. It can also capture video of the smuggling operation as it attempts to come to shore in Florida. The plane is capable of tracking the routes of about 5,000 such vessels all at one time. The equipment tracks vessels leaving Cuba, comparing the travel plans previously filed to the actual path, and can alert the U.S. Coast Guard to dispatch its nearest vessel as soon as the boat or ship begins to deviate from its plan.

Current, the airplane travels high above the water between the Bahamas and the south Florida coast. The computer aboard the plane can quickly sort through the various vessels in the ocean, labeling freight ships, military vessels, and other types of ships or boats. By doing so, its operators can quickly narrow in on the types of vessels more likely to smuggle human beings or drugs. Radar expert Blake Page likened the computer’s capabilities to “an air traffic control system for the ocean.”

The only other plane carrying the $15 million software belongs to the Department of Defense. Computers equipped with the new software are expected to be loaded onto four more Dash 8 airplanes soon. A Dash 8 can stay in the air almost twice as long as the King Air, which is carrying the current anti-smuggling computer. The Dash 8 airplanes come at a cost of $28 million per plane, but come with improved satellite capabilities to complement the software’s functions.

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Fort Lauderdale residents have been grappling with the problem of rampant prostitution along Federal Highway for years now. Likewise, drug sales on the street level go hand in hand with the prostitution, and local police have had difficulty putting a lid on both problems. According to Fort Lauderdale criminal lawyer William Moore, many of those who are apprehended by police are able to post bail or are released on their own recognizance. With high numbers of inmates serving mandatory minimum sentences for drug crimes, in addition to the many held for other reasons, non-violent offenders are often released before they go to trial.

Street prostitution and open drug sales are associated with other crimes and poverty. Local residents have supported the police crackdown in an effort to revitalize their community. The motels along Federal Highway between Sheridan Street and the Pembroke Road area have largely been the epicenter of these problems, with thousands of arrests at these motels last year.

Some of the motels offer hourly rental rates, contributing to their popularity for prostitution, while others charge less than $40 for a one-night stay. Barry Stock, a neighborhood activist, proposes a more radical solution: “Until you take the motels out completely, the prostitutes and the johns are going to be there.” That solution is closer to becoming a reality since the Hollywood city council gave police the authority to close establishments known for chronic crime under a new provision for nuisance abatement. So far, the police have not actually seized any of the motels, instead hoping to use that power as a threat to force the owners of the motels to reform the properties. Whether that threat has much bite, however, is another possibility: Hollywood officials think they would be subjected to strings of costly lawsuits, which they might not even when.

Since 2005, the Hollywood Nuisance Abatement Board has not closed down any properties, although it has classified three officially as public nuisances. The new ordinance has tougher provisions, including allowing Hollywood to put strings on allowing owners to retain control of their property. For example, they might require a property owner to get additional security guards if criminal activity continues. Despite the provisions, Hollywood criminal attorney Moore says that that refusal to comply with any conditions imposed can result in the city closing the property – but there is no intermediate punishment or disincentive, such as fines.

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Fort Lauderdale criminal lawyer William Moore has been following the police brutality controversy surrounding a recent spat between three members of the Fort Lauderdale police department and a suspect. On December 5, 2008, Joshua Daniel Ortiz was taken into custody by law enforcement officers after police allege he was hostile towards the officers. When he arrived at the police station, Ortiz had suffered a broken nose. Ortiz was later charged with felony battery on a law enforcement officer as a result of the incident.

Ortiz was headed home at about 4:00 a.m. after a night on the town. He and his girlfriend were getting into an elevator to go to a parking garage when a fight broke out in the lobby area of the building between some members of the group Ortiz out with. Ortiz himself was not involved in the fight.

What happened next is only now beginning to come out, according to Broward criminal lawyer William Moore. Officers came to the area, where Ortiz allegedly yelled from the elevator at the Fort Lauderdale police who were breaking up the fight. According to the police report, Ortiz approached an officer aggressively, bumping his own nose against the officer’s nose. The officer says he pushed Ortiz off and prepared to arrest him. At that point, the police report indicates that Ortiz assumed a “fighting position” with fists clenched.

Ortiz says that the police report is almost entirely fabricated. He admits to speaking agitatedly to the officers, but says he did not fight them or intend to engage in a physical confrontation. His side of the story has gained significant credibility since his lawyer’s discovery of an elevator surveillance tape that caught the events on film. His criminal defense attorney says that he believes the video “speaks for itself” – Ortiz was falsely accused of battering police in order to justify their use of excessive force.

The felony battery on a law enforcement officer charge was dropped to a misdemeanor charge upon first review of the video by the State Attorney’s Office. Later, they dropped the charge against Ortiz completely, with an Assistant State Attorney noting that, “We thought based on the facts and the evidence, including the videotape, that there was no reasonable likelihood of conviction at trial.”

Unfortunately, police brutality allegations are often not fully investigated, and the person arrested is frequently viewed as unreliable. The Fort Lauderdale police officers who acted in this case were already cleared of any wrongdoing by an internal investigation within the department – not an independent investigation. Additionally, it is not clear that the internal investigators had the benefit of viewing the videotape, an extremely important tool in determining whether the law enforcement officials misrepresented the facts in their police report or if Ortiz was subject to an inappropriate level of force. Ortiz says the officers “were on a power trip” and that he no longer trusts law enforcement officials as a result.

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Broward criminal attorney William Moore handles all types of criminal cases. An incident in Boynton Beach in southern Palm Beach County last week has gotten national attention as an example of abusing the 911 emergency system. According to Boynton Beach law enforcement officers, Jean Fortune, a 66-year-old resident, was arrested and charged with abuse of 911 communications. The charge is a first-degree misdemeanor in the state of Florida, carrying up to one year in jail and a fine of $1,000. Broward criminal lawyer Moore does not have information on the status of Fortune’s case or his legal representation.

Boynton Beach investigators determined that Fortune used the drive-through to order lemonade. The employee taking drive-through orders explained that the business had run out of lemonade and Fortune became extremely angry. He threatened to call police and actually did so when the employees were unable to supply him with lemonade. He spoke to the 911 dispatcher for about five minutes.

A local news outlet obtained a recording of the 911 call. The man stayed on the phone for about five minutes, complaining about the lack of lemonade and the poor service he was receiving. The local news report is available here:

Unfortunately, this incident is not exactly the first 911 incident involving Burger King. About four years ago, police refused to respond to a now-famous fast food call on the West Coast. A woman in Orange County, California called the emergency number to report that she was infuriated with the staff and management at her local Burger King. According to the caller, the Burger King employees continued to make her “Western burger” incorrectly and that she believed deputies should respond to the call because it was their duty to “protect” her. The audio version of the call can be heard here:

Broward criminal defense lawyer William Moore believes that, of the two cases, the Boynton Beach man got the short end of the stick. The dispatcher who answered the call from the lady in California refused to send law enforcement officials to Burger King to intervene in the dispute, instead advising the woman to “act like an adult.” Boynton Beach police responded to their local Burger King call and have charged the man for making the frivolous call. Burger King has not made a statement on the matter. Boynton Beach officials gave the man a notice to appear in court for the incident.

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Broward criminal attorney William Moore knows that most police officers are upstanding individuals who are doing a great service for Fort Lauderdale, Miami, West Palm Beach, and other local south Florida communities. Unfortunately, police brutality is often difficult to document or to prove. This is especially true in light of a federal government study that found that only a relatively small percentage of claims of police brutality or excessive use of force were meritorious. There is also evidence suggesting that only a minority of actual police brutality victims file report the abuse. Victims have complained that claim procedures are daunting and difficult in many jurisdictions.

The video below, showing a South Carolina police officer using force on a Florida woman, has been touted as an example of police brutality:

Although the video does not detail how long the woman waited to pull her car over due to the fears she expressed concerning the remoteness of her location, she apparently received only a traffic citation. The police officer in the video was fired, according to CourtTV, and the woman won a large civil settlement from the police department for her abuse.

Likewise, in aftermath of the events in the following disturbing video, the police officer was fired. Broward County criminal lawyer William Moore cautions that the injuries shown in this video are graphic:

The police officer’s decision to stop the tape does not reflect well on him. The large pool of blood and the woman’s obvious injuries to her face suggest police brutality. In that case, the officer was apparently fired but did not face criminal charges.

Police brutality is typically investigated by local prosecutors or the police department itself, which is problematic because either of those institutions have either an interest in covering for a violent police officer or a pro-police bias. In fact, a review of Chicago-area police brutality allegations determined that the Chicago Police Department took disciplinary action in only 19 of 10,000 cases during a two year period.

Of course, in many instances the use of force by Broward, Miami-Dade, or Palm Beach police officers is justified. Bystanders and people upon whom force is exercised may believe that the force is excessive, although it is appropriate according to police protocol.

If you have been arrested or you are the victim of police brutality in south Florida, contact Broward criminal lawyer William Moore as soon as possible.

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According to the Broward County Sheriff’s Office and Fort Lauderdale law enforcement, a woman suspected of kidnapping her two young daughters was arrested in Tamarac today. Police contend that Tammy Kong-Kham, 35, abducted her daughters from their foster home in Pennsylvania two months ago. Kong-Kham allegedly brought the two girls to Broward County, where they had been hiding and scavenging for food in the area. Broward criminal lawyer William Moore has been following the case.

Police say that Kong-Kham abandoned her 10-year-old daughter Kelley. The child was found by a detective with the Fort Lauderdale police department as she was begging for food at the Galleria Mall almost two weeks ago. Kelley led police to the insect-infested area near the beach where she had previously stayed with her younger sister and mother in a whole dug into the sand under park equipment. The mother and younger child were long gone.

Kong-Kham and her 8-year-old daughter, Kimberly, were located at a Fort Lauderdale shopping center. A code enforcement officer, who was previously a career police officer and detective in another state, recognized the pair from reading the news. He saw the mother and daughter behind a building, apparently searching for food, and noted the insect bites on the girl’s legs.

The code enforcement official contacted authorities; Broward County Sheriff’s deputies responded, taking the mother and 8-year-old into custody. Officials had been concerned about the safety of the girls, citing the mother’s apparent instability. Kong-Kham and the girls had been living off of food they were able to scavenge, coconuts, and water. Kong-Kham abandoned Kelley, the 10-year-old, when she concluded that she could not care for both girls.

During the two month search, south Florida authorities received numerous tips regarding the location of Kong-Kham and her daughters, mostly in Broward County. The day before she was arrested, a tipster notified police that Kong-Kham was at a flea market north of Fort Lauderdale.

Kelley and Kimberly’s parents divorced. Initially, the two girls lived with their mother, but Kong-Kham did not send them to school. As a result, the girls were placed in foster care. Disguised in a blonde wig, Kong-Kham took the girls just before they entered school in October. They were last seen in the Philadelphia area getting on a Greyhound bus.

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Criminal defense lawyers in Miami-Dade, Broward, and Palm Beach Counties have plenty to keep them busy: several of the cities in the south Florida metro area have been ranked among the most dangerous in the country, according to a recent report by CQ Publishing. Florida is overrepresented based on the 2007 data, with several south Florida cities ranked in the top 50. Arrests and crime in general in south Florida are high compared to other parts of the country, although Fort Lauderdale and other Broward County cities did not make it into the top 50 most dangerous cities (at number 66, Pompano Beach was the highest). Miami-Dade and Palm Beach Counties were overrepresented, however.

Miami Gardens, Florida was ranked the 13th most dangerous city in the United States, based on 2007 statistics. The national ranking seems extremely high for a town with fewer than 20,000 inhabitants. The city defended itself, however, noting that it only started operating its own police force very recently – and in response to those same statistics. Previously, the Miami-Dade police had provided all law enforcement services to the young city. Crime in Miami Gardens has reportedly fallen since the city got its own police department and the city anticipates that the trend will continue.

Miami came in at number 35. Criminal defense experts know that poverty is a major indicator of high crime areas. Miami is more susceptible to arrests and crime due to the relatively high rates of economic disadvantage in the city and other factors. Miami joins a number of other large cities on the list.

West Palm Beach was ranked 47th nationally. Interestingly, the data does not account for differing population sizes, which allows a small town like Miami Gardens to achieve an even higher ranking than much larger cities such as Miami and West Palm Beach. West Palm Beach was the only city in Palm Beach County to be ranked in the top 100.

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You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be provided for you by the government.

These words, or variations on them, have become synonymous with arrests in American culture. Criminal defense lawyers in the Fort Lauderdale area deal with sticky Miranda situations in many cases. Clients from Miami-Dade, Broward, and Palm Beach Counties all want to know: when does a police officer have to read me the Miranda warning and what does it mean?

The Miranda warning came out of a 1966 Supreme Court decision called Miranda v. Arizona, in which Ernesto Miranda’s criminal defense lawyer appealed his client’s conviction for robbery and attempted rape. While in police custody, Miranda confessed to the crimes. The Miranda warning prevents police from taking advantage of suspects who have been arrested or are in police custody. The Miranda Court determined that these protections were necessary to safeguard suspects’ Fifth Amendment right against self-incrimination.

The Miranda warning should be given before interrogation when a suspect is in custody. If a police officer stops to speak with an individual, but that person is free to go, the Miranda warning does not apply. Despite the warning, many criminal suspects choose to submit to interrogation and speak with the police without consulting a criminal defense lawyer. Exercising the rights to remain silent and to speak with a criminal defense attorney is frequently, and perhaps always, in a suspect’s best interest.

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Sometimes, police officers in Fort Lauderdale and all around Florida stop people on the street to ask a few questions or to request identification. Even if that has never happened to you, chances are, you have been pulled over in your car by the police at some point. Criminal defense lawyers and police officers refer to these encounters as Terry stops, after the 1968 Supreme Court case Terry v. Ohio. In that case, the Court held that the police can stop a citizen to search him for weapons when they reasonably believe the person is involved in criminal activity.

As criminal defense attorneys, we see various types of citizen encounters by police on a day to day basis. Police officers acting on a hunch are often quick to forget about an individual’s rights and this is where we encounter problems. Attorneys must always thoroughly examine the facts of their client’s case and move for a motion to suppress whenever feasible.

In order for a police officer to make a Terry stop, his suspicion about the person’s criminal activity must be based upon specific facts rather than the officer’s feelings, prejudices, or hunches. For instance, the officer could stop someone who closely matched a description of a burglar in the area half an hour after a burglary occurred, but could not detain a person who he thinks just looks like he is “up to no good” because of his race or clothing. The officer must have a real reason he could explain to a court why he thinks you might be involved in a crime that has been, will be, or is being committed. The standard for police to search you based on reasonable suspicion of criminal activity is less than the probable cause standard needed for the police to arrest you.

If the officer has reasonable suspicion, he is allowed to stop you and frisk you over your clothes. The frisk is only to make sure you are not armed, for the officer’s own safety and the safety of any bystanders. The purpose is to search you only for weapons. However, if the officer finds drugs or other illegal items on your person while frisking you, those discoveries may be used against you in court in some situations. If the officer could tell it was an illegal item from how it felt when he frisked you, the officer may remove the item and it could be used against you. The officer cannot look in tiny pockets where you could not fit a weapon. Likewise, in your car, he can only search the interior and not the glove compartment or the trunk. Remember, these rules only apply to Terry stops and not in other situations, like an arrest or a search based on probable cause, where the officer would need to have more reason to believe a crime was committed.

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