Miami Criminal Defense Lawyer Blog

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