The Master Law

Children Coached to Make False Allegations of Sexual Abuse

A recanting victim is always beneficial from a defense standpoint, however, the fact that an alleged victim later changes his story will not result in a dropping of the charges in Florida. This is because detectives investigating sex crimes are trained to scrutinize conflicting statements where minor children are involved.

Broward Criminal Lawyers routinely come across investigators hold to beliefs that a child victim was originally telling the truth about a crime. Later changes in testimony regarding their recollection of the facts are often seen as false and considered to be fabricated by the victim rather than as exculpatory evidence.

A recent study found that up to 25% of child victims of sexual abuse in Florida changed their recollection of the facts giving rise to an arrest in some significant shape or form. This creates significant problems for the prosecutor, obviously, however will not guarantee that the criminal action be closed. Attorney Weick attributes this to a belief by detectives that outside influences such as family pressure not to tell are being heavily forced on the child victim.

Officers believe the original statements in most cases explains Weick.

Criminal investigations that involve a division of family are troubling for detectives. After representing people accused of sex crimes in Broward County for so many years, I have seen first hand the toll taken by all involved.

More information about Broward County Sex Crimes Defense can be obtained by contacting our Broward County Criminal Lawyers directly.

Fort Lauderdale Battery Charges

Battery and assault are two distinct crimes, even though they are often discussed under one group. Assault is mainly a threat that results in the victim fearing imminent harm, and there is no physical contact. On the other hand, when there is actual contact resulting in bodily harm, it is considered battery. In a battery case, the prosecution has to prove the perpetrator willfully, physically touched or struck the victim against his or her will. Florida law distinguishes different types of battery by considering the level of bodily harm caused, the use of a weapon and other aspects of the case. –Fort Lauderdale Criminal Lawyer William Direnzo

Simple Battery

In simple battery, the perpetrator intentionally makes physical contact with the victim, against his or her wish. There is no serious bodily harm done, and it could be just an unwanted touch or a push. Simple battery is a first-degree misdemeanor offence punishable with a fine up to $1,000 and/or up to one year in jail. –Florida Criminal Statutes

Felony Battery

In felony battery, the bodily harm done is much more serious than simple battery, or this charge can also be made against a perpetrator who is facing a battery offense for the second time. According to Florida Statute 784.041, in felony battery the perpetrator strikes another person without his or her consent, causing great bodily harm, permanent disfigurement, or permanent disability in the victim. Felony battery charges are applied even when the serious injuries were not intended by the perpetrator. This is a third degree felony offense punishable with up to $5,000 fine, up five years in prison, or any combination of these penalties depending on the case. Florida Criminal Statutes

Florida Criminal Statute Reference

Fort Lauderdale Criminal Attorney William Direnzo explains that the most common defense to battery is self-defense, or in rare circumstances that the altercation was mutually agreed to, otherwise known as a “mutual combatants” defense. According to Direnzo, these cases are usually disposed in one of two ways.

“Often, victims to battery recant after they have cooled down and the case is dismissed, if not, these cases often proceed to trial where the defendant does not wish to negotiate a plea. Fortunately, battery cases are highly defendable.” –Fort Lauderdale Criminal Lawyer William Direnzo

William Direnzo

612 SE 5th Ave. Ste 3

Fort Lauderdale, Florida 33301

(954) 656-6231

What To Do If You Have a Bench Warrant For Your Arrest

Failing to appear in court after you have received a summons, ticket or other court-ordered request could lead to the issuance of a bench warrant for your arrest. Similarly, if you have been charged with a misdemeanor, felony, or you have violated the terms of your parole, a judge may issue a bench warrant authorizing your arrest. Now, while you should be informed anytime a bench warrant has been issued for your arrest, this will not always be the case. You may not become aware of a bench warrant until it is too late and you have been placed under arrest.

If you are under investigation for a criminal offense, or you suspect a bench warrant has been issued for your arrest, we strongly advise you consult with a DiRenzo & Weick criminal defense lawyer as soon as possible. When you contact our firm, we will take the time to answer any questions you may have, determine whether or not you have a bench warrant, review the original charges against you and work diligently to help you get the entire matter fully resolved. From the dismissal of your warrant, to the avoidance of additional fines and penalties, to the negotiation of a reduction in charges, our lawyers are committed to defending your interests and protecting your legal rights.

When you have a bench warrant for your arrest, your freedom and future are at stake. Contact a knowledgeable Fort Lauderdale criminal defense attorney who will be able to advise you of your rights and provide you with the aggressive representation you deserve.

The Difference Between a Sexual Offender and a Sexual Predator

Florida law enforcement officials take sex crimes extremely seriously. In fact, anyone convicted of a sex crime in Fort Lauderdale, or anywhere else in the state of Florida, can expect to face harsh penalties and the life-long stigma that follows a convicted sexual offender or predator. There is a difference, however, between a sexual offender and a sexual predator. A sexual offender is an individual who has been convicted of a sex offense and who has been released after October 1, 1997 from the sanctions imposed as a result of their conviction. These types of offenses can include sexual battery, child pornography, kidnapping, the procurement of a minor under the age of 18 for prostitution, sexual performance by a child, and more. A sexual predator is an individual who has been convicted of one first- or two second-degree felony sex crimes on or after October 1, 1993. The court must also issue a written order in order for an individual to be officially labeled and registered as a sexual predator.

While status as a sexual predator cannot be removed unless you receive a full pardon or your conviction has been set aside in a later proceeding, sexual offenders who meet certain qualifications may be able to petition in order to have their sexual offender status removed. Either way, if you have been arrested or charged with a sex crime, it is vital that you contact a Fort Lauderdale criminal defense attorney at our firm right away. Our team of attorneys has more than 17 years legal experience and one of our lead attorneys was a member of the Sex Crimes Unit of the State Attorney’s Office, so we know what it takes to build the effective, aggressive defense you will need in order to protect your rights and increase your chances of achieving favorable results.

Domestic Violence: What to do?

When a 911 call is made regarding Domestic Violence incident, it is a serious situation. Most likely, someone is going to jail. After you are arrested, what do you do? Most likely the victim is your husband/wife, boyfriend/girlfriend, or loved one. You want to talk to them but you can’t. Most often, on top of a bond, the Judge will order you to have no contact with the victim. In many cases, the victim does not want to prosecute. At William Moore Criminal Defense, we have been faced with this situation many times. If the victim wants to have contact, we can get you in front of the Judge and ask to have the no contact order removed. Under no circumstance should you contact the victim when a no contact order is in place as you risk being arrested and put back in jail. Also, if they desire not to prosecute, we can direct them to the proper person to call and discuss the situation. Call us, we can help.

Life sentence for juveniles?

Can a juvenile that has been direct filed to adult Court and receive a life sentence? The US Supreme Court recently addressed the issue in Miller v. Alabama. In Miller, a 14 year old was convicted of murder and sentenced to life without parole. The US Supreme Court held that a juvenile cannot be sentence as such,the 8th amendement (which bars cruel and unusual punishment) to the US Constitution forbids such a sentence.

New trial for John Goodman

John Goodman was convicted of DUI manslaughter in West Palm Beach. After is conviction, the Judge sentenced hhim to 16 years in prison affter the conviction. However, his lawyers are trying to get him a new trial. That motion for a new trial was denied however the fight still goes on. Lawyers are now asking the Judge to throw out the conviction based on juror misconduct. One juror in particular conducted a drinking experiment during his tenure as a juror. The defense believes they are intilted to a new trail , the state disagrees. The fight will go on.

Police in the News

Law enforcement agencies have been in the news more often than not for the miscondduct they have committed. With all of the instinces of police misconduct you hear about in the news, there are three to ffour times more that you do not hear about. So the question is, do you trust the police? As an experienced trial lawyer in Broward County, I see more and more jurors saying that they do not trust the police. I have more and more clients say to me, “that’s not how things went down!” after reading the police report. I guess this question can only be answered by the individual being asked.

Stand Your Ground

Florida’s Stand Your Ground Law is being called into question by the recent events surrounding the Trayvon Martin death. Florida Statute chapter 776 defines the use of force. In general it means, a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. In some cases, a person may use deadly force in public areas without a duty to retreat. The question in the Trayvon Martin case is did the shooter have a reasonable belief the violence was immenant before he shot Trayvon Martin. The answer is now in the hands of Duval County State Attorney Angela Corey. She has the option of taking the case to the grand jury, filing charges against the shooter, or declining to file charges. Only time will tell.

Speeding police officer

Recently in the news in Broward county, there has been an issue with a Dade County police officer speeding through Broward County and being pulled over by a Florida Highway Patrol officer. The Dade County officer was not cooperative and reports indicate that he did not pull over for quite some time. The trooper actually got him out of the car at gunpoint. Since this incident, investigations have ben conducted regarding police officer speeding using the sunpass system. The investigation has had alarming rsults, cops speed all the time both on and off duty. Some cops exceed 100 mph on certain stretches. Is anything done about this? For the most part, no. The moral of the story, some cops belive they can do whatever they want. From speeding on the road to changing testimony in Court to secure a conviction. If you have encountered this problem, call DiRenzo Defense, we can help.

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