Articles Posted in Uncategorized

A 45-year-old man from Pembroke Pines is accused of attempting to solicit a 15-year-old boy for sex.
computer2.jpg
However, as Kevin Jackson would later learn, the “boy” was in fact an undercover detective posing as a youth. Now, the South Florida Sun-Sentinel reports Jackson was being held on $250,000 bond.

Adding to the severity of the allegations is the fact Jackson allegedly has a very dangerous communicable disease with which he was diagnosed in 2000. He was still receiving treatment for it at the time of his arrest. Although the report does not specify which disease it was, Jackson – who reportedly admitted his guilt to detectives – said it was his intention to inform the minor of his condition prior to engaging in a sex act.
Continue reading

Consensual encounters with police have been the subject of numerous Florida court decisions and muchpublic debate. A central point in these discussions is whether such an encounter is ever truly consensual, where one of those parties is armed and has a great degree of authority.pills1.jpg

Our Fort Lauderdale criminal defense attorneys know it can be difficult for the subject of these encounters to differentiate between a consensual encounter, where one is free to go, and a non-consensual encounter, where one is essentially detained.

The reason the difference is important is an officer does not need to have reasonable suspicion or probable cause to initiate a consensual encounter with a member of the public. Whatever answers or evidence you offer during these exchanges can’t be challenged on due process grounds because they were given of your own free will. If you aren’t sure whether a police encounter is consensual, the best way to find out is to ask, “Am I free to go?” If so, it is likely consensual. Take advantage of the opportunity to exit the scene, so as not to make any potentially incriminating statements.
Continue reading

Historically, courts have given a broad leeway to police officers when it comes to traffic stops, often granting a greater weight to public safety than to the rights of the accused.

However, these powers are not limitless. If a police officer didn’t at the very least have reasonable suspicion of a crime prior to initiating the traffic stop, Fort Lauderdale DUI defense lawyers know that evidence gained thereafter is subject to suppression.
damagewindshield.jpg
Reasonable suspicion is defined in the 1968 case of Terry v. Ohio, and it holds that an officer has to be able to show specific and articulable facts which, when taken together with rational inferences, justify the intrusion.

This is a fairly broad definition, and police have a tendency to stretch it as far as they can. In some cases, when officers can’t find fault with a person’s driving, they may look to minor deficiencies in the vehicle as grounds to initiate the stop. This can be anything from a burned-out taillight to a dragging muffler.
Continue reading

The law recognizes that in any traffic stop, the balance of power is skewed in favor of the police. This is why there are very specific legal protections in place for those who are the subject of these stops. driverglance1.jpg

When police fail to follow the rules, it could mean that whatever evidence was collected as a result must be suppressed, leaving prosecutors with little left to press forward in the case against you.

Our Fort Lauderdale criminal defense attorneys have been successful in these cases in having the charges significantly reduced or even dismissed.

A recent case reviewed by the U.S. Court of Appeals for the Seventh Circuit illustrates why officers must follow the letter of the law. In Huff v. Reichert, the primary question was whether the officer had qualified immunity in a civil case alleging Constitutional violations for unreasonable search and seizure. The court’s response? He did not, and the civil case against him could move forward.
Continue reading