Articles Tagged with Broward defense lawyer

As a Broward defense attorney, I generally advise people never to talk to police without a lawyer present. This is true whether you’re innocent or not. Even those who don’t believe they are suspected of a crime should use great caution.Broward defense lawyer

The Fifth Amendment to the Constitution prevents anyone from being compelled in any criminal case to be a witness against himself or herself. You have the right to remain silent. You need to tell them your name, but you don’t need to answer questions about where you’re going, where you came from, what you’re doing, where you live, whether you’re a U.S. citizen or here lawfully. You shouldn’t lie or run. Stay as calm as possible. But be crystal clear that you’re exercising your right to silence. Request a lawyer before you agree to answer any other questions.

Some people are concerned this makes them seem guilty. Especially when they’ve done nothing wrong, it can be tempting just to talk. After all, police can be intimidating and these encounters can cause all kinds of anxiety and most people just want it over with. But here are 6 reasons you really need to refrain from talking to the police at all without your lawyer present. Continue reading

Last month, the newly-formed Conviction Review Unit in Broward County convinced a South Florida judge to free a man convicted 16 years ago of robbery and sentenced to life in prison. Prosecutors working with the CRU told the Broward County Circuit judge that they likely would be unable to gain a conviction today, given numerous evidentiary issues with the case, including the reliability of witnesses  and an alibi that jurors never had an opportunity to hear.Broward County criminal defense lawyer

An assistant state attorney leading the CRU told the judge it’s not even clear how the defendant was identified as a suspect, given that there was no physical evidence, no witnesses knew him and the only thing that lead police to him was an apparently questionable search through the TRAP program, a previously-used database of prior offender mugshots in a given area.

Broward County has one of the highest rates of false convictions in Florida. The National Registry of Exonerations notes more than 2,500 cases nationally of convicts later found innocent. More than 80 of those are from Florida and nearly a dozen in Broward. Continue reading

As long-time Fort Lauderdale DUI defense attorneys, we’ve encountered plenty of cases where defendants were arrested for drunk driving on America’s birthday (July 4th), around the holiday recognized for Jesus Christ’s birth (Dec. 25th) and of course the birth of each new year (Jan. 1st). Still, there is one holiday that sometimes gets overlooked as one accompanied by a seemingly higher risk of DUI arrest: Your own birthday.Fort Lauderdale DUI defense lawyer

Studies (including one published in the Journal of Consulting and Clinical Psychology) have shown binge drinking is especially common on one’s 21st birthday, though the research didn’t specifically indicate this directly correlated with an uptick in drunk driving for celebrants. (It should be noted that if you are out celebrating your 21st birthday and are stopped prior to midnight on your actual birth date, the threshold for intoxication is far more stringent, the legal limit being 0.02 blood-alcohol concentration versus 0.08.)

Recently, R&B singer Marcus Cooper, Florida native, member of the hip-hop group Pretty Ricky and reality show cast Love & Hip Hop: Miami, made headlines for a recent birthday DUI arrest in Miami Beach. Vibe Magazine reported a Miami Beach police officer clocked Cooper’s SUV speed at 100 mph in a 45 mph lane around 3:45 a.m. The officer alleged he witnessed the driver, later identified as Cooper, swerving and coming dangerously close to a collision with another vehicle. Interestingly despite this account, the officer officially cited the dark tint on the vehicle’s windows as the reasonable cause for initiating the traffic stop. The singer agreed to undergo a field sobriety test (which, side note, is not required by state law the way chemical alcohol and drug testing is under F.S. 316.1932, Florida’s implied consent statute). The officer reported the singer’s bloodshot eyes, slurred speech and comment that he’d been “partying for his birthday.” Defendant allegedly blew more than twice the legal adult driver alcohol limit of 0.08. The officer further alleged resistance and threats to phone a few famous friends. In an Instagram video (later deleted), Cooper lamented his 38th birthday was ruined and denied the charges, which in addition to DUI include resisting arrest without violence, reckless driving and driving with a suspended license.   Continue reading

The Broward County Sheriff’s Office has come under scrutiny after it was revealed a man arrested on charges of sexually assaulting a juvenile last year was charged earlier this month with armed kidnapping and sexual battery of another person in 2003. That case had remained cold for 15 years.criminal defense attorney

At the time, the woman reported to police she was walking on South State Road 7 one night in late December when an unknown man approached with a gun and threatened to shoot her if she struggled or made a scene. She then said the man forced her to a nearby car dealership and sexually assaulted her repeatedly inside a vehicle. The woman survived the attack, reported it to police and a rape kit was performed and submitted to the crime laboratory at the Broward County Sheriff’s Office. But nothing happened. Defendant has a lengthy criminal record and documents from the Hollywood Police Department show their agency received a crime lab report from Broward in 2006 indicating a routine search of their national DNA database had returned a possible lead in the 2003 case with this particular defendant. It’s unclear why neither agency followed up.

A 2014 audit of practices at the Hollywood Police Department, according to NBC Miami, revealed the agency had dozens of sexual assault evidence kits stowed away in a locked evidence room, rather than submitted to a crime laboratory. Once the audit was finished, two arrests were made in the two dozen cases that were reviewed. The chief reported at the time that he was establishing a special unit solely to handle rape kit analysis.  Continue reading

A criminal case for lewd lascivious molestation against a Weston foot doctor has ended in mistrial after a recorded phone conversation played for jurors violated Florida’s spousal privilege statute. hands1

According to the Sun-Sentinel, Broward Circuit Judge Raag Singhal made the call after jurors heard a recorded call between defendant, Dr. Augustine Bollo, and the alleged victim’s mother in which the mother alleged Bollo’s wife did not believe he was innocent.

Singhal considered the defense attorney’s request for mistrial after the tape was played, and after reviewing case law, granted that request.  Continue reading

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