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 imminent 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.Read More
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…Read More
Pursuant to the Sixth Amendment of the U.S. Constitution, if you are facing criminal charges, you have a right to legal counsel. In most cases, an attorney can be appointed for you if you cannot afford one. It is important to remember, though, that public attorneys are often overworked, and the lawyer appointed to your case might not have extensive experience handling cases like yours. Rather than taking your chances on a public defender, it is wiser to do your research and find an established criminal lawyer. A reputable attorney can investigate your arrest, gather evidence, and structure a comprehensive defense based on the unique facts of your case. With the right approach, it may be possible to convince the court to reduce your charges or penalties, or to dismiss your case altogether. If you would like to discuss your charges with a criminal defense attorney in Fort Lauderdale, turn to DiRenzo Defense. William DiRenzo has conducted more than 150…Read More
Criminal Defense Lawyers in Broward County vary in skill and experience when it comes to specific Florida criminal offenses. If you have been arrested in Broward County, consulting with a lawyer is certainly advisable, however, finding the best fit for you and your defense is not always as easy as it sounds. Inquiring as to the length of time a criminal lawyer has been practicing in Broward is a good start. Additional information such as number of cases handled and number of jury trials and motions filed should also be obtained. Specific information about a criminal lawyers experience handling similar offenses to the crime for which you have been charged should also be determined. Information about a prospective lawyers history, skill and accomplishments should always be obtained in writing. We have found that the best way to get information about a prospective criminal lawyers skill and experience is by making the request via email. Should you have questions about how…Read More
According to the SunSentinel, the 26-year-old man who caused a fatal drunk driving collision on I-95 near Broward County in 2015 received his sentencing earlier this month. The man was facing six charges when he appeared before a judge, but four of them were dismissed due to their repetitive nature. The defendant pled no contest to two charges of DUI manslaughter. The judge sentenced him to 29 years with credit for time that he had already served. According to the Department of Highway Safety and Motor Vehicles, the man was not even supposed to be driving when the incident occurred because he was a habitual traffic offender. His license had been revoked for five years in 2015, so he was not supposed to get behind the wheel again until 2020. In two separate chemical tests, the man’s blood alcohol concentration measured 0.169 and 0.170, which is more than twice the legal limit in the state of Florida. According to prosecutors,…Read More
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.Read More
If you are facing charges for driving under the influence of drugs or alcohol, you have every reason to feel especially stressed out this holiday season. Although every DUI case is different and there is no way to predict how yours will turn out, you can take at least some comfort in the fact that you are not alone. According to Statistic Brain, police arrest an average of 1,500,000 people for drunk driving annually. The precise number may vary from year to year—and from state to state—but it has remained fairly consistent over time. Fortunately, there has been a downward trend in the number of drunk driving fatalities in recent years. Although it is natural to assume that the rising popularity of ride sharing programs like Uber has led to fewer impaired motorists on the roads, multiple factors are likely at play for this decline in fatal collisions. Of course, fewer drunk driving accidents does not necessarily mean fewer DUI…Read More
Many prospective clients ask, “do I need a lawyer?” Unfortunately, the answer is, “it depends.” If you are charged with a Federal Crime or a Felony Offense then you need a lawyer. In fact, a Judge will not allow a defendant to represent themselves in those Courts without a detailed inquiry as to the individuals ability to defend themselves. It is best to get a criminal defense lawyer involved as soon as possible. Criminal defense lawyers can speak with case filers in an attempt to have your case dismissed before charges are filed. They can explain what options you may have available based on your charges (for example, drug court programs or pre trial diversion programs). Criminal defense lawyers can review police reports, take depositions, file motions to suppress or dismiss, and speak with prosecutors about having charges dropped on your behalf. More importantly, criminal defense lawyers counsel their clients on the best course of action for their situation. If…Read More
Labor Day is one of the busiest travel holidays of the year. Many people choose to celebrate the long weekend with a few drinks, but if your plans involve alcohol, bear in mind that police will be out in full force to identify and arrest drunk drivers. You should expect to see more DUI checkpoints over the holiday period. According to the Governors Highway Safety Association, DUI checkpoints are legal in the state of Florida, and officers conduct between 15 and 20 of them every month. Although police must have probable cause to conduct a traffic stop, the U.S. Supreme Court has ruled that sobriety checkpoints are an exception to search and seizure provisions because the dangers of drunk driving outweigh the degree of intrusion of such checkpoints. That means police can pull you over at a sobriety checkpoint just to conduct a random welfare check. However, it is important to remember that police still have to follow strict written…Read More
www.local10.com is reporting that a Dunkin Donuts was robbed last week. The crime was captured on video and depicts an employee and customer being held at gunpoint according to Broward County Sheriff’s Office Deputies. The assailants were wearing masks to conceal their identity. Video evidence becomes less useful to the prosecution were identifying features are not apparent by captured surveillance video. We have seen cases whereby the State Attorney attempted to establish identity by introducing video evidence depicting an individual walking in a manner similar to the defendant. Theft crimes in Florida involving the use of a handgun are much more severe due to special criminal statutes that enhance the offense. 10-20-Life laws also come into play. It is not necessary that a firearm be found for the prosecution to seek a conviction under Florida law. The mere allegation that a firearm was used is enough for the State to proceed. Criminal Prosecution and Defense Question & Answer Q- If…Read More
