Florida Criminal Defense Lawyer Blog

This past Wednesday, the 3rd of August, a 51-year-old woman was booked into the Palm Beach County jail on charges that she had forged more than $23,000 worth of checks. This news caught the attention of all criminal defense lawyers, who defend against fraud charges in Florida. Donna Allen, the accused, had allegedly stolen the checks from an elderly couple she worked as a driver for.

Fraud, traditionally a white-collar crime that occurs at the corporate level, also makes the occasional appearance in cases such as this. As a Miami criminal defense attorney, I am very familiar with defending clients against accusations of fraud, and it is clear to me that Ms. Allen would be best served by securing the services of a competent criminal defense lawyer because white collar crime is now receiving the same sort of attention that other forms of crime have long-received.

The Palm Beach County Sheriff’s Office probable cause arrest affidavit states that Allen is allegedly responsible for forging forty-six checks from three separate bank accounts belonging to Rosanna and Albert Springer of Lake Worth, Florida. She was charged with forty-six counts each of forgery, of uttering a forged instrument, and one count each of grand theft from a person 65 years of age or older and of organizing a scheme to defraud. Her bail has been set at $286,000. The guilt of Ms. Allen apparently does not remain in question, making it the job of a qualified criminal defense lawyer to secure for her the best treatment possible.

These charges are not only extremely numerous, but very serious, and can carry heavy jail time. As a Miami criminal defense attorney living during this period that has seen the judicial system grow more and more strict, I fully understand the likely fate awaiting Ms. Allen should she not receive fair treatment under the law. Those individuals charged with fraud do not receive much sympathy from society, and notably less when the victims are an elderly couple. The role of the criminal defense lawyer in a case such as this becomes the protection of his or her client from an excess of punishment.

Allen had been receiving ten dollars an hour in cash to drive around the late Mr. Springer during the day, and told investigators she had receive multiple legitimate checks from the couple. She has admitted to the police that she forged Mr. Springer’s name on several checks to herself and others. Once, she took a check he had given to her and changed the amount from $300 to $3,000. Especially given the amount of evidence held against her, it is of utmost important that Ms. Allen seek a capable criminal defense lawyer.

What should have been a joyful reunion turned sour Wednesday night, when an 18-year-old Palm Springs man was arrested on assault charges after his 21-year-old brother in the Marines returned home for the first time in three years. It is hard to see a violent assault case such as this occur between two family members, but experienced criminal defense attorneys will recognize the importance for the defendant of ensuring proper legal counsel. Jaquez Devon Strange was released on his own recognizance Thursday by Palm Beach County Circuit Judge Ted S. Booras. Strange has been charged with aggravated assault with a deadly weapon and simple battery.

Strange remained quiet throughout his first hearing in Booras’ courtroom, but shook his head in disagreement when the judge suggested that his Marine brother should have “stomped him to the dirt”. This is precisely the style of courtroom demeanor that awaits most individuals who face such charges without a competent criminal defense attorney being present. As a Miami criminal defense lawyer, I understand that such charges are very serious and have the potential to result in jail time but I also, having seen this play out over and over, have a great deal of sympathy for people that find themselves in this situation. Everyone thinks that there is a “type” of person who ends up on the wrong side of the law when the truth is that all of us have within us the potential to make a bad decision—even one that has a violent end.

The official report, made by the Palm Springs police officer who first responded to the emergency call, describes the incident as evolving from an argument between the two brothers. A criminal defense attorney always recognizes that many assault charges spring from transitory emotions and are not indicative of “normal” behavior. The returning Marine, whose name is blacked out in the police report, reportedly arrived home at about 5:30 p.m. to surprise his family. Jaquez Strange told the responding officer that upon seeing his older brother he said “Hi” before returning upstairs to finish ironing his clothes. His brother was unsatisfied with the greeting and chased Strange upstairs, where they got into an argument. And that, unfortunately, is quite common—a simple exchange gone wrong.

The obligation of the criminal defense lawyer who takes on this individual as his or her client, is to secure their fair treatment under the legal system and to secure the best possible outcome.

Regrettably, as the argument escalated, Strange reportedly picked up a poker from next to the fireplace to use as a weapon. His older brother disarmed him, but the disagreement turned physical with each claiming the other struck first. In my years as a Miami criminal lawyer I have seen the type of destruction such a case as this can wreck at both the societal and familial level. The best possible outcome is for the defendant to enlist the services of a criminal defense attorney who is adequately prepared to defend him.

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.

The report shows that Hobbs allowed Stanaland to search his car because he had “nothing to hide”. Hobbs reported that after searching the car, Stanaland approached him saying, “open your mouth”, whereupon he conducted the swab test. Asking what it was for, Hobbs was told by Stanaland that he just wanted “to make sure you didn't eat any drugs”. Hobbs has said that Officer Stanaland never asked for his permission to conduct the test, another occurrence that would stand out to a criminal defense lawyer. The issue was brought to the attention of Internal Affairs when Hobbs filed a complaint several days later. Experience as a Miami criminal defense attorney has led me to recognize all the signs of apparent police misconduct, especially in such arenas so sensitive and potentially destructive as drug cases.

This Saturday, Palm Beach County police released news that former U.S. Representative Tim Mahoney is facing DUI charges after being found asleep behind the wheel the night before. DUI cases, whether they involve a famous figure or not, always attract the interest of Florida criminal defense attorneys. Police have reported that Mahoney has reportedly been released from the Palm Beach County Jail on his own recognizance. Penalties for driving under the influence have grown increasingly harsh in recent years, and years of experience as a Miami criminal defense attorney have led me to understand that individuals facing such charges are in need of competent legal protection.

A Democrat from Palm Beach Gardens, Mahoney was found asleep inside his car sometime between 2:45 and 3:00 a.m. Saturday morning. Capt. Bill Brandt, a spokesman for the Palm Beach Gardens Police, reported that a North Palm Beach police officer found Mahoney inside his car which was stopped on the road at the corner of PGA Boulevard and U.S. 1. Criminal defense lawyers, for whom working with DUI cases is a regular occurrence, understand that a high level of societal scorn and ill-will is targeted at those convicted. For this reason, it is crucial that individuals such as Congressman Mahoney employ a seasoned criminal defense attorney for their defense.

The intersection where Mahoney was found is located on the border of jurisdictions, requiring the officer who discovered Mahoney to call in the Palm Beach Gardens Police. It was they who conducted the investigation and made the arrest.

When questioned by the press on Saturday afternoon, Mahoney said he had “no comment” about his arrest. Mahoney represented Florida’s 16th district for one term after he was elected to the seat once held by former Congressman Mark Foley. Foley had resigned after a sexual misconduct scandal, and (ironically) Mahoney himself resigned after admitting to multiple affairs. When I read about these types of acts of human frailty I don’t gloat or feel self-righteous. I just feel sad that someone’s life is so out of control that they would throw away a rich career, a good marriage, and a life most people only dream of having on ridiculously simple and short-lived pleasures.

Experience working as Miami criminal defense lawyer has led me to look at all angles of a case. It is important to consider the possible factors in Mahoney’s personal life that led to such a serious error in judgment. The responsibility of his criminal defense attorney will be to present a comprehensive defense, given all the data involved.

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.

None of the people involved were named by the police on Wednesday night, and fortunately rescue paramedics reported that the victim suffered a non life-threatening puncture wound to the upper right portion of his abdomen. He was taken from the scene of the attack to Holmes Regional Medical Center. Detectives kept the road blocked at the scene of the crime until 8 p.m. to take photographs and collect evidence. Criminal defense attorneys across Florida should pay close attention to the outcome of this case, and to the implications it may have for our profession.

To professional criminal defense attorneys, it is clear that in this case, as in many others, the suspect is in the wrong and deserves to expect the full legal consequences. However, in such a strict legal climate as we see today, such a case of assault could forever ruin the suspect’s life. He, like every citizen, deserves a fair day in court and a proper legal defense. There exist certain other variables beyond the transcript of events that must be considered in his case. At such an age, to what extent can a youth be held fully responsible for his actions? To what extent was the stabbing an emotional response conditioned by the delinquent youth’s environment? These are the questions that I, as an experienced Miami criminal defense lawyer, would ask in court.

In a groundbreaking decision made yesterday, Judge Mary S. Scriven of Florida’s
Middle District declared part of an important Florida drug law unconstitutional. In a
43-page order that holds vast implications for the world of Miami criminal defense,
Judge Scriven threw out the cocaine-delivery charge brought against defendant Mackle
Shelton in a 2005 trial. Six years ago, Shelton received an 18 prison sentence for his
work as a cocaine delivery man. Shelton remains convicted of the seven other related
charges brought against him during the trial.

Scriven found the Florida law that Shelton was charged with breaking is unconstitutional
because it eliminated the need for a jury to establish the presence of mens rea, or “a
guilty mind”, in the defendant. This decision marks an important advance for the
cause of justice in the Florida criminal system. For years, the best efforts of Florida’s
criminal defense attorneys were too often unable to protect those individuals facing
such a charge. Scriven also took aim at certain changes made to the Drug Abuse
Prevention and Control law by the Florida state legislature in 2002, declaring them
unconstitutional on the same grounds.

The law in question specifically denies the right of anyone to “sell, manufacture, or
deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance”
However, Judge Scriven writes that during the 2005 trial the jury was not instructed to
determine whether Mr. Shelton was conscious of the nature of his deliveries. The best
Miami criminal defense lawyers have always seen a problem with the law that allows
such a clearly erroneous practice. As Judge Scriven wrote, “Not surprisingly, Florida
stands alone in its express elimination of mens rea as an element of a drug offense.”
With luck, Judge Scriven’s order will have a lasting positive impact on the ability of
Miami’s criminal attorneys to fight for their clients’ rights.

Criminal defense lawyers in Florida will welcome the logic of Judge Scriven’s order.
She writes that “there is a long tradition throughout human existence of lawful delivery
and transfer of containers that might contain substances,” but “Under Florida's statute,
that conduct is rendered immediately criminal if it turns out that the substance is a
controlled substance, without regard to the deliverer's knowledge or intent.” This news
opens the doors for effective and competent Florida defense lawyers to provide their
clients with an additional opportunity for protection from harsh drug laws.

Judge Scriven’s order calls attention to the weaker points of Florida’s drugs laws that
have plagued Miami criminal defense attorneys, for years. She writes that there are
an infinite amount of possible scenarios in which one might legitimately not know they
are in possession of illegal drugs. Scriven specifically challenges the age-old argument
that the “possession of cocaine is never legal”, saying that it is inherently flawed.
Scriven cites rulings from several United States Supreme Court cases in her court order
and also points to the fact that there has not yet been an appellate case challenging
the law. Judge Scriven’s court order is a laudable effort toward increasing the justice of
the Florida legal system, and gives criminal defense lawyers a better ability to defend
their clients.

In what appears to be a message specifically directed to prosecutors, Judge Scriven
writes that the traditional “tough luck” approach to such cases is not an acceptable
answer to the constitutionality of the law. Miami criminal defense lawyers, indeed
defense lawyers all over Florida, should welcome this news as an advance in
defendants’’ rights.

Judge Scriven sums up her assessment of the Florida drug law by writing, “the Florida
drug statute fails completely.” Defense lawyers all over Florida, particularly those
Miami criminal defense attorneys who see such a high proportion of drug offense
related cases, surely cannot help but to agree with Judge Scriven’s assessment of
Florida drug laws.

Earlier this week, an 18-year-old resident of Viera, Florida was charged with growing cannabis plants at two separate locations in Viera and Suntree. Justin Michael Callari, the accused teenager, was arrested on the 15th of last month but not presented with formal charges until recently. Occasions such as this catch the attention of experienced criminal defense lawyers because we understand how important it is for young adult offenders to secure the services of a qualified advocate. The punishment for drug crimes of this nature may often be unbelievably harsh and can ruin the rest of a young person’s life.

In mid-June, twenty-five cannabis plants were found by an agent of the Brevard County Sherriff’s Office in a wooded area behind a 3,800 square foot home on Cape Sable Drive near Suntree. The owner of the house directed the agent to Callari as the owner of the plants. In his report from June 15th, Agent Adam Steuerwald wrote that during an interview at his apartment Callari, “admitted to growing 11 plants behind the house and also admitted to an additional five plants at his residence”.

The fact that a confession was obtained during an interview at Callari’s home implies that no criminal defense attorney was present. Callari was subsequently arrested and charged with the possession of thirty plants, a third-degree felony which could carry a sentence of up to five years in prison. One wonders how this investigation would have played out had the defendant waited until he had secured the services of a Florida criminal defense lawyer before talking to the police.

Callari, who has received two tickets for trespassing in the last two years but has no criminal record, was able to post the $5,000 bail and awaits a hearing of early resolution on the 23rd of August. The early resolution program is designed for first time offenders and those with non-violent records and Callari is expected to appear with his defense attorney. It often allows for cases to be settled without a trial, and as an experienced Miami criminal defense attorney I recognize the big difference that the services of a qualified advocate can make during these hearings.

Lt. Alex Herrera, a spokesman for the sheriff’s office, said of outdoor grow operations, “We've had several throughout the years, some large and small. It's kind of hit or miss.” He said that this case, in which the plants were found by wild hog trappers, is similar to most finds where discovery of the operation is generally accidental. Years of service as a Miami criminal defense attorney have let me see the difference that a proper defense can make in a case such as this, where a cannabis offense can mean serious time in prison.