Florida Criminal Defense Lawyer Blog

Maria De Jesus Hughes of San Mateo chose an unfortunate spot to take a nap. Officers noticed her truck when they observed the light at which she was stopped turning from green to red and back again. Then the truck began to drift. Slowly, the truck entered the intersection at Highway 92 and Main Street.

The officers on the scene followed Hughes, shouting at her through a bullhorn to wake up in hopes of rousing the sleeping driver. He also turned on his siren in hopes that the loud noise would snap Hughes to attention. Though the noise made by the officer didn’t wake Hughes right away, it did succeed in keeping the intersection clear. Thankfully, accident was avoided.

When the officer finally managed to wake Hughes, she was pulled over. Not only was she sleeping, but she was also intoxicated.

The recession and tough economic climate is not being held up as a valid ‘excuse’ for embezzlement charges in Florida. Tough prosecutors have started getting tougher on all types of white collar crime in the state.

Last week, a Fort Meyers man was arrested on embezzlement charges for amounts allegedly taken from several Rotary clubs as well as city campaign funds. Despite returning a large portion of the funds and the victims of the alleged crime stating that they would not press charges, the state has gone ahead and arrested the 61-year old man.

State prosecutors have said that the state will prosecute the charges to the full extent of the law, with no leeway for age or possible mitigating circumstances. This measure seems to reflect the consensus of many prosecutors across Florida who have promised to prosecute every case of fraud or embezzlement in the state.

The Innocence Project of Florida often calls on the expert services of criminal defense attorneys when they are attempting to overturn a wrongful conviction or plan sentence appeals. In April 2001 Derrick Williams was released from prison after serving a sentence on nineteen years after an eyewitness pointed him out in a lineup. Williams was conclusively cleared of all charges after DNA evidence excluded him from the crime.

Senator Joe Negron of Palm City, Florida called for an urgent overhaul of the eyewitness identification process in the State of Florida as well as the sentence appeals process. Prosecutors rely heavily on the information given to them by the police in any criminal case, but if that evidence has been compromised in some way, it could be that more innocent people face prison time. Getting through the process of sentence appeals is difficult, time consuming and often unsuccessful unless you use an experienced attorney.

If you are facing any criminal charges, or have been arrested on a criminal charge, it is your right to be represented by a criminal defense attorney who as an officer of court is mandated to act in your best interests. Remaining silent and asking to contact a lawyer is not proof of guilt, but proof that you are thinking clearly and responsibly in response to the charges against you.

The DUI charge of an off-duty Panama City Police officer, last year highlights the serious nature of driving under the influence in Florida. Police Chief Robert Harding stated that the officer in question was arrested in his personal car and is facing an administrative hearing and criminal charges.

State Attorney’s in Florida have repeatedly warned that the law will come down hard on all DUI charges whether they are first-time offenses or federal charges. Facing DUI charges can be a sobering moment for any person and if faced with a DUI arrest and impending trial, you need to make sure that your rights are protected by a South Florida criminal attorney.

A criminal record sticks for life. Unless you are a juvenile and have your records sealed by the court, any criminal record is available to the public at any time. That means prospective employers, licensing departments and other financial institutions. Having a criminal record could also stop you traveling outside of the United States.

This Friday, in a decision that gave heart to criminal defense attorneys across Florida, investigators with the Office of Internal Affairs at the Orlando Police Department reported their findings that an Orlando officer violated department protocols when he administered a mouth swab at a traffic stop without the legal authority to do so. The mouth swab was conducted to determine the presence of drugs on the man driving the car. Criminal defense attorneys take special notice on occasions such as this, when police misconduct appears in drug-crime related situations. Personally, my years of work as a Miami criminal defense lawyer have shown me that there are many drug cases that are not conducted according to the books.

The incident in question occurred at roughly 10 p.m. on January 5th, earlier this year, when Officer Stanaland stopped Adolph Hobbs’ vehicle at the intersection of North Orange Blossom Trail and Country Club Drive. Stanaland has said that he stopped Hobbs’ car after he seeing him talk to supposed drug dealers and suspecting him of having purchased cocaine. Stanaland was not only acting without the proper legal authority to conduct such a search, but also violated department policy when he failed to conduct the swab in a sanitary manner. This nature of treatment stands out to a well-versed criminal defense attorney as a potentially unconstitutional search.

The Orlando Police Department requires that officers wear latex gloves and use issued equipment while conducting swab tests. Stanaland wore no gloves and used Q-Tips he had purchased himself. Fortunately, Mr. Hobbs was not found in possession of any illegal substances, but had he been the manner in which he was treated would severely weaken a prosecutor’s case. In such a case, an experienced criminal defense attorney would have his work cut out for him.

This past Wednesday, a 49-year-old man was reportedly stabbed by a 15-year-old juvenile after an argument over a bicycle. This is precisely the type of case that catches the attention of a Florida criminal defense attorney because of the involvement of so young a suspect. The attack occurred around 6:30 p.m. on the side of a road near U.S. 1 in Melbourne. Melbourne Police Department investigators have said that the 49-year-old man entered into an argument with the juvenile suspect after recognizing his blue bike, stolen earlier this week, in the youth’s possession. Sgt. Steve Sadoff of the Melbourne Police reported that the argument began “at the corner of Aurora and Avocado”, when “one of the subjects pulled out a knife and stabbed the guy in the stomach”. Upon arriving at the scene of the crime in response to a 911 call, Melbourne police officers used tracking dogs to trace the suspect to Aurora Road and Pineapple Avenue, roughly two tenths of a mile away. The police found the knife used in the attack and were able to arrest the subject.

In my years working as a Miami criminal defense attorney, I have repeatedly seen simple arguments result in an individual facing serious assault charges and what was supposed to be a simple theft turn into violent robbery. Fear, adrenalin…these are the mixing bowl of violent crime. Years of working as a criminal attorney have afforded me with a plethora of experience in such cases of assault and battery. When people are angry, youth in particular, they don’t think about what will happen even a half hour after the argument, much less ten years down the road. They just keep going down the path their emotions lead them until—boom! Something unplanned, something undesired, and something dangerous has happened.

When taking up an assault case in my capacity as a Miami criminal defense lawyer¸ my primary objective is to ensure that the defendant received fair treatment on the judicial system. I am well-aware that good people do stupid, reckless, and dangerous things from time to time. I try to ensure that all the good they’ve done in their lives is not overshadowed by a one-time act of recklessness.