Miami Criminal Defense Lawyer Blog

A jury convicted a former social worker's aide for the murder of his wife and the sexual battery of his step daughter in January 2005. Grady Nelson of Miami will face the death penalty for the first degree murder conviction for killing his wife. The defendant was also convicted of sexual battery and attempted first degree murder. The Miami-Dade County Circuit Judge that presided over the trial will also the preside over the sentencing hearing that will occur in a couple of months. The defendant's Miami criminal lawyers will most certainly file a mitigation packet before the sentencing hearing in an effort to stave off the state attorney's office bid for the death penalty. Prior to the sentencing hearing, a pre-sentence investigation report will be created for the sentencing hearing so that the judge and jurors will have a background report to determine whether the death penalty is appropriate.

The defense attorneys representing the defendant will have tough assignment in keeping Nelson from the death penalty. According to prosecutors, the victim was butchered when the defendant stabbed her 61 times. To make matters worse, her throat was slit and knife was found embedded in her head. Defense counsel argued that the defendant just happened upon the body and had nothing to do with the homicide. The sexual battery charges stemmed from the allegation that Nelson was having sex with the victim's mentally incapacitated 11 year-old daughter. The defendant has been previously been in custody for committing a sexual offense against the daughter 2005. The Miami-Dade County State Attorney's office eventually dropped the charges because it is reported that the victim gave inconsistent statements.

After the defendant was arrested for the sexual offense, a judge issued a domestic violence injunction. A domestic injunction is issued in family court by a civil county court judge. In criminal domestic violence cases, judges will issue a stay way order at the bond hearing. A stay away order is issued by a criminal court judge and requires that a defendant have no contact with the victim. An injunction is a separate court case that requires the petitioner to file a petition for issuance of the injunction . The judge will conduct a hearing to determine whether or not an injunction should be issued. If a defendant comes in contact with a defendant after the stay way order is issued, the judge may revoke the bail set at the initial bond hearing and hold the defendant in contempt of court. If an individual violates an injunction by coming in contact with the petitioner, that person can be charged with a second degree felony punishable up to fifteen years in prison.

The best evidence presented by the state at the trial was a taped recorded confession provided by the defendant. Without the confession, it would have been difficult for the state to prove its case. Despite the fact that the defense attorneys representing Nelson argued that the confession was coerced by law enforcement authorities, the twelve person jury agreed to convict him. As in previous articles, it cannot be stressed enough that anyone involved in an investigation should give not provide a statement to the police. In the majority of cases, the strongest piece of evidence that the prosecution present to a jury is a confession provided by the defendant. Always remember, that if you are placed under arrest you have a constitutional right to refuse to speak with law enforcement about your case.

Miami-Dade Jury Deciding Fate of Man Accused of Murdering Wife, The Miami Herald, July 10, 2010.

Dolphins defensive end Phillip Merling was arrested in Broward County for a domestic violence incident. He is the fourth Dolphins player since February to face criminal charges. Running back Ronnie Brown and corner back Will Allen were arrested for DUI, while defensive tackle Tony McDaniel was arrested for misdemeanor battery stemming from a domestic violence incident. Allen's DUI occurred on Miami Beach, while Brown was arrested in Georgia. The court records do not indicate whether Merling will hire a Broward County or Miami criminal attorney to defend the charges.

Merling posted a bond in the amount of $15,000.00 after appearing before a judge. Unlike most cases where a defendant can post a bond immediately, assuming a case is not non-bondable, anyone arrested for domestic violence must appear before a bond hearing judge before his or her release can be secured. There are two rationales for this procedure. One it allows for a bit of a cooling off period, secondly judges will impose a stay away order from the victim. A stay away order is a court order issued by a judge directing the defendant not to have contact with the alleged victim. The judge will a direct a defendant not to have any physical contact, third party contact, or contact via e-mail, text messages or phone calls. If a defendant violates the no contact order, a judge will most likely revoke the bond and could sentence the defendant up to six months for contempt of court. Of course, a hearing will be held prior to the contempt order being issued.

The majority of domestic violence cases involve misdemeanor charges such as simple assault or simple battery. However, there are aggravating factors that can elevate these offenses to felonies. As in Merling's case, he was charged with aggravated battery against his girlfriend. The police reports indicate that he struck his girlfriend about her head and face causing swelling and redness. The alleged victim also sustained a cut lip as a result of the battery. While the facts and injuries usually result in the charge of simple battery, the charge in Merling's cases was elevated to a second degree felony simply because his girlfriend was pregnant.

Simple battery is defined under the Florida Statutes as an intentionally striking or touching of a victim without a persons consent. If prosecutors can prove that the defendant knew or should have known the victim was pregnant, the crime will be far more serious. A simple batter charge carries a maximum sentence of 364 days in the county jail, while an aggravated battery on a pregnant victim is a second degree felony punishable up to 15 years in prison. The biggest problem with an aggravated battery charge is that under state sentencing guidelines, the minimum sentence a judge can offer is 21 months which is the bottom of the guideline range.

If you have been arrested or domestic violence and charged with aggravated battery seek out a qualified Miami criminal defense law firm to defend the charges. Skilled attorneys with backgrounds in defending domestic violence cases know the tricks of the trade. Very often, experienced can get the charges dropped or obtain a pre-trial diversion program for their clients charges with this or similar offenses.

Miami Dolphin's Phillip Merling Arrested, Accused of Domestic Battery, The Miami Herald, May 27, 2010.

Recent reports show that the economic woes this country is facing impact unemployment and consumer sentiment, but also the number of domestic violence cases reported in Miami and across the United States. Even those who are not suffering during the economic downturn get arrested for domestic violence. Those arrested for domestic violence are usually charged with assault, battery, aggravated assault and aggravated battery. The facts of each case determine what an individual is arrested for and ultimately charged with by the Miami-Dade County State Attorney's Office. Saturday night, Warren Sapp was arrested on Miami Beach for one count of misdemeanor battery. He was released on a $1,500 bond and appeared on local TV with his Miami criminal attorney.

Domestic violence cases differ from the run of the mill cocaine possession or fraud cases. When someone is arrested for a crime and booked into the Miami-Dade County jail, a bond is set depending on the monetary schedule set forth by each circuit court and the individual can immediately bond out of jail. Exceptions to this rule are serious violent offenses that carry potential sentences of life in prison and domestic violence cases. Certain violent and drug trafficking offenses are deemed non-bondable. Charges that are non-bondable include armed robbery, murder, and armed drug trafficking. Just because someone is charged with a non-bondable offense does not mean that a qualified Miami criminal defense attorney can not obtain a bond at a specially set hearing in front of a circuit court judge called an "Arthur Hearing".

Domestic violence charges carry a bond, however, the jail will place a domestic violence hold on those charged with this category of offense. Anyone arrested on a misdemeanor or felony domestic violence charge must appear before a judge before bond can be posted. At the bond hearing, a judge will release the hold only after a criminal stay way order has been issued. A stay away order is very similar to a civil domestic injunction against repeat violence. The stay away order is issued which prevents a defendant from having any contact with an alleged victim. The types of contact that are prohibited are direct contact, telephonic contact, or third-party contact. E-mails and text messages are also prohibited.

Any experienced defense lawyer with experience in domestic violence cases can appear before the presiding judge and have the stay away order modified. Of course, this can only occur with a consenting victim. If the victim consents, the judge can modify the stay away order to allow contact so long as it is not violent. A person's prior criminal history and history of domestic violence will also play a part in the judge's determination whether or not to modify a stay away order. Anyone charged in a domestic violence case should know that if the stay away order is violated, police officers can arrest you on site and return you back to the department of corrections. If the judge finds that a defendant arrested for domestic violence violated a stay way order, that person will most likely be held in custody until the case is resolved. If you or a loved one is arrested for domestic violence, immediately contact a Miami domestic violence lawyer as soon as possible to defend the charges. If the charges are dismissed the stay away order will be dissolved.

Ex-NFL Star Released from Florida Jail on Bond, The New York Times, February 8, 2010.

In San Diego, California, former Miami Dolphin Lawrence Phillips was convicted of choking his girlfriend into a state of unconsciousness back in 2005. Phillips will be sentenced on September 8, 2009 by Judge Kerry Wells. Phillips can be sentenced up to 25 years in state prison. This domestic violence case demonstrates the need to hire a qualified Miami criminal defense attorney for representation in domestic violence matters.

A jury deliberated for several hours before returning the guilty verdict. The former NFL player was convicted of two counts of assault by force likely to cause serious bodily injury and for causing injury to a co-habitant or spouse. Other counts for which Phillips was convicted include false imprisonment, making a threat and grand theft of a motor vehicle. The counts stemmed from two separate domestic violence incidents.

The victim, Amaliya Weisler, testified that she was introduced to Phillips through a friend back in 2005. They began a relationship immediately afterward, and are in fact, still dating. On August 2, 2005, Phillips and Weisler became engaged in a verbal dispute regarding their sex life. Weisler put his clothes in a pile and requested that he leave the apartment. Phillips became enraged, slapped her across the face and put his hands around neck and choked her.

Two weeks later, on August 13, 2005, Weisler claimed that Phillips locked her in a bathroom and proceed to slap and choke her after he accused her of having sex with one of his friends. Weisler and Phillips then traveled to the friend's house. Once at the residence, Phillips kicked in his friend's front door. The residents of the home called the police. Phillips fled in Weisler's car. After the charges were filed, Phillips fled the jurisdiction and resided in Los Angeles, California.

While in Los Angeles, Phillips was convicted by a jury for attempting to drive his car into three juveniles. In 2006, Phillips was sentenced to 10 years in prison for that aggravated assault charge. Phillips has a long history of domestic violence, stemming back to his days at the University of Nebraska where he assaulted his college girlfriend and was suspended from the team. He pled no contest in that case and was placed on one year of reporting probation. Phillips refused to attend his latest trial and was convicted in absentia.

Former NFL RB Lawrence Phillips Convicted of Choking Girlfriend, SDNN.com, August 11, 2009.

Miami Judge Flora Seff entered a temporary injunction for protection against domestic violence against Patrick A. Pascuzzo, a political activist, barring him from having any contact with Homestead Councilwoman Judy Waldman. The judge entered the temporary injunction against Pascuzzo for posting a controversial video on a You Tube clip that showed a blonde woman holding a gun to her head. After the clip was shown, the video criticized Waldman for being involved in an election fraud conspiracy. Waldman took the video as a death threat and petitioned the court to issue the temporary injunction.

Anyone served with a notice to appear in court to respond to a temporary injunction for protection against domestic violence or against repeat violence should hire a Miami criminal lawyer to defend the injunction in civil court. If an injunction is granted by a judge, it will become part of your permanent record.

Under the temporary injunction issued by Judge, Seff, Pascuzzo cannot come within 500 feet of Waldman's home, office or Homestead City Hall. He is also prohibited from sending e-mails, sending text messages, calling or posting any videos about Waldman. He is also required to undergo mental health counseling and treatment if needed. The injunction will remain in place until January 7, 2010 when Waldman can petition the court for an extension of the temporary injunction.

The Miami-Dade County State Attorneys' Office investigated the allegations against Pascuzzo, but have not filed any criminal charges to date. After Pascuzzo released the video, he sent an e-mail to law enforcement, the Miami-Dade County States Attorney's Office, the FBI, the U.S. Justice Department and the media claiming that Waldman was involved in an election fraud conspiracy in Homestead, Florida. The accusations made by Pascuzzo against Waldman stem from an ongoing dispute over the appearance of a confederate flag at the Veteran's Day parade last year.

As a result of flag's appearance, tensions rose after the city counsel decided to create a new community relations board and disband the old one. Pascuzzo has proclaimed that Waldman and other Homestead politicians used the flag dispute against incumbents in the past November election. Waldman has denied involvement in any election fraud conspiracy.

Man Ordered to Stop Harrassing Homestead Councilwoman, Miami Herald, August 5, 2009