Miami Criminal Defense Lawyer Blog

In an unusual case, prosecutors requested that a criminal attorney as part of a investigation wear a wire in an attempt to catch another lawyer allegedly involved in fraud. The defense lawyer represents a Homestead man currently charged with DUI manslaughter that resulted in the deaths of three children. Gabriel Delrisco is currently facing charges in Miami-Dade County Circuit Court. Apparently, victims' family members requested that Delrisco provide untrue testimony regarding where he was drinking prior to the accident in an effort to beef up the civil lawsuit. The family encouraged Delrisco to say that he was drinking at a Homestead bar and strip mall in an effort to sue a defendant with deep pockets. In exchange, the family would request a lighter prison sentence at the conclusion of the case. Very often, the next of kin in cases where family members are killed have a significant impact on the length of sentence sought by state prosecutors.

The Miami criminal defense lawyer representing Delrisco relayed the information to the Miami-Dade County State Attorney's Office. As a result, an investigation was opened and the defense attorney was requested to wear a wire in an effort to implicate the attorney who filed the civil suit. Apparently, the wire did not aid the investigation and the case has been closed. As the investigation became public, animosity between the Miami criminal defense attorneys are brewing. The defense attorney representing the civil lawyer suspected of fraud commented that the cooperation with prosecutors was unprecedented and that he was stunned regarding the unattractive prospect of a criminal defense attorney posing as an undercover informer for the police.

Delrisco is facing 50 years in state prison for the death of ten year-old boy, a seven year-old and four year-old girl. Court records indicate that the defendant's blood alcohol limit was more than three times the legal limit. He is charged with three counts of DUI manslaughter with each count carrying a maximum sentence of 15 years. He is also charged with battery on a firefighter for fighting with a person attempting to remove him from the twisted wreck that used to be his SUV. Delrisco is facing a maximum penalty of 5 years in prison for this offense. It is unclear what sentence prosecutors are seeking in the case, but Delrisco is believed to have a past DUI record and an abominable traffic record.

Obviously, the most serious DUI charge is that which results in the death of another. However, other misdemeanor DUI charges can land a person behind bars. The Florida legislature has passed laws in an effort to curb DUI recidivism. If anyone is found guilty or enters into a plea on second DUI within five years of a first DUI conviction, that person faces a 10 day minimum jail sentence. Anyone found guilty or entering into a plea on a third DUI with ten years of two previous DUI convictions, they are facing a 30 day minimum jail. Bear in mind that these are minimum penalties and prosecutors routinely ask for significantly more time on these types of cases.

Crash Suspect's Lawyer Wears Wire for Sting Operation, The Miami Herald, February 15, 2010.

A Broward County judge's ruling could affect thousands of Broward and Miami DUI cases. Several months ago, the Florida Department of Law Enforcement fired Sandra Viega. Viega was an FDLE employee who was assigned the task of conducting annual inspections on breath-testing machines in Broward, Miami-Dade and Monroe Counties. The FDLE investigation revealed that Viega was turning off the power to the breath machines if it appeared as if they were going to fail the inspection. Rather, than allow the test to show that the breath machine was not working properly, she would turn the machine off, then turn it back on which would override the system.
Every Miami criminal defense lawyer who represents clients on DUI cases, knows that the result in a DUI case will often turn on three issues; 1) whether the clients blew into the intoxylizer and 2) what was the reading and 3) was the breath machine working properly..

At a hearing last Tuesday, a Broward criminal lawyer argued on behalf of his client and represented the interests of 32 other Broward and Miami DUI lawyers and their 150 or so clients, to have Judge Jay Seidman throw out all breath results in Broward County with respect to all breath machines operating in Broward County during Viega's tenure with FDLE. The Broward DUI lawyer argued that Viega's actions cast a doubt on the reliability of the breath machines and accompanying results. Judge Seidman ruled that the machines used during Viega's employment with FDLE had been "fatally compromised" and that such tainted evidence should not be presented to a jury.

Judge Seidman's ruling could jeopardize between 500 and 1,000 DUI cases pending in Broward County. Although, Miami DUI lawyers filed similar motions in Miami-Dade County, none of the county court judge's who heard the motion's granted the lawyers requests to exclude breath test results. The ruling in Broward County may motivate Miami criminal and DUI lawyers to once again filed motions to exclude breath test results. One should bear in mind that Viega only performed annual tests, and that local law enforcement authorities did independent monthly inspections on the breath machine to ensure that they were working properly.

A spokesman for the Broward County State Attorney's Office claimed that the machines are extremely accurate and have never proven otherwise. He stated, "The ultimate effect could be that numerous impaired drivers may not be held accountable for their actions and end up killing or hurting innocent people. His office will appeal Judge Seidman's ruling. FDLE spokeswoman, Heather Smith, said that they were confident that Viega's actions did not affect any of the breath results because the machines in Viega's coverage area were independently tested and verified to be working properly.

Broward Judge's Ruling in DUI Case Could Affect 1,000 Cases, The Miami Herald, August 23, 2009.

A Miami Beach man secretly recorded tapes between himself an his Miami criminal lawyer. Sean Casey, of Miami Beach, who pled guilty to DUI manslaughter tried to use a secret recording between himself and his ex-Miami criminal defense attorney to gain a new trial, but was unsuccessful. Casey attempted to prove to a Miami circuit court judge that the plea was tainted and that his plea should be set aside.

Circuit Judge John Thornton denied Casey's motion for post-conviction relief in state court. The judge ordered the secretly recorded tape of a conversation between Casey and his lawyer taken in the lawyer's office sealed as it was obtained illegally. Milton Hirsch represented Casey when he entered the plea. Casey pled guilty three years ago to DUI manslaughter for operating his BMW while drunk and striking and killing Mary Montgomery in 2001. Casey entered a plea in state court to 12 years in prison.

Casey had previously filed two appeals to the Third District Court of Appeals. He claimed the plea deal was tainted because his Miami criminal defense lawyer and his therapist convinced him to flee Miami and avoid a trial in the case. Casey claimed that his lawyer who was unaware that he was being recorded, told him, "I wish I could wave my magic wand and make Sean disappear magically and cause him to reappear on the planet Vulcan...or something like that and be out of harm's way." In the State of Florida, it is a 3rd degree felony to tape someone without their consent. After listening to the tapes last month, Judge Thornton found no direct or indirect evidence of any criminal actions by his Miami criminal attorney.

Casey spent two years in Chile before being caught and extradited to Miami in 2006. The extradition process took several months before his was returned to Miami to face the DUI manslaughter charge. Ed Griffith, a spokesman for the Miami-Dade County State Attorney's Office told reporters, "Today, Judge Thornton saw the secret taping issue as a crude ploy and the clear violation of law that it has always been. From the very minute a drunk Casey ran down an innocent pedestrian, he has never taken responsibility for his actions.

Miami Beach Man Loses Bid for Retrial in DUI Manslaugher Case, The Miami Herald, August 19, 2009.

For all Ft. Lauderdale and Miami criminal defense lawyers, beware the police may be concocting stories against your clients. All Miami and Ft. Lauderdale defense attorneys have dealt with officer misconduct for years. As Miami DUI lawyers, we all know the serious implications of having a DUI on your record. Our clients tell us that the police are making up lies or that the arrest affidavits filed against them are untrue. In our profession, it is often very difficult to prove that law enforcement officers are not telling the truth about our client's cases. For a change, the police were caught red-handed.

Four Hollywood police officers were caught on a dashboard video camera contriving a cover-up scheme against a woman who was involved in a traffic accident with a police cruiser. Back in February, a Hollywood police officer rear-ended a woman and charged her with four counts of DUI and a citation for making an improper lane change.

The Hollywood police officers involved in the cover-up are Officer Joel Francisco, Officer Dewey Pressley, Sgt. Andrew Diaz, and Community Service Officer Karim Thomas. All Miami and Ft. Lauderdale DUI lawyers should immediately check the witness list attached to the discovery packet provided by the Broward County State Attorney's Office. If any of these officers are involved in your Ft. Lauderdale DUI case, this information should be useful in obtaining a favorable result for your client.

Officer Pressley wrote in his police report that the woman driver accused of DUI was operating her automobile with a large gray cat on her lap. The report went on to say that the cat jumped out of the window which caused the woman driver to swerve in front of Officer Francisco's cruiser and slam on her brakes causing the accident. Francisco purportedly approached the woman's driver side window and notice a strong smell of alcohol on her breath.

After the accident, all four officers were caught on the video dashboard camera contriving the cover-up and manipulating the facts to absolve the officer and blame the woman for the crash. Upon review of the video, all four officers were placed on administrative duty until a formal internal investigation by the police department is conducted. The Broward County State attorney's office is also investigating the incident.

Hollywood Police Caught Red-Handed in Cover-Up Scheme!, Justice News Flash.Com, July 30, 2009

A Miami criminal lawyer suggests you act in accordance with the following instructions if you are pulled over in Miami or Miami Beach for driving under the influence. Imagine yourself cruising down Ocean Drive on Miami Beach late on a Friday night. Having just finished a few drinks you feel marvelous! There is a full moon rising over the ocean, the sky is clear and the night air is cool and crisp and the radio is blasting with your favorite song. Suddenly, in your rear view mirror you see blue and red police lights and hear the sound of a siren. Looking up you see a police officer signaling you to pull over. Your heart immediately starts racing, what do you do?

First of all, don't panic, always remain composed. Take a deep breath, exhale and try to remain calm and relaxed. Before stopping your car, look again at the car behind you with the lights and siren. Determine if it is a marked police car or just a car with a light or siren. If it is a marked unit, pull over in a safe and reasonable manner. Gradually apply your brakes and pull completely off the roadway to a safe area. Do not block traffic. If it is not a marked police car; put on your hazard lights, slow down and drive to well lit area with people around. This is for your own safety.

Once you are stopped, ensure that the windows are down. Remain in your car and place both of your hands on the steering wheel and wait for instructions from the police officer. Some officers will approach your car, while others will request that you step out of your car. If it is dark, the officer will direct a floodlight or spotlight to illuminate your car for his or her safety. If the light is in your eyes, tilt the mirrors slightly up or down. While waiting for the officer, think of where you have your driver's license, registration and proof of insurance.

Once you are approached by the officer, a Miami DUI lawyer would suggest that you remain in control of your emotions, body language and words. Be polite and respectful. If you are, you have a better chance that the officer will not arrest you for DUI. Don't complain or argue with the officer. If you feel that he has done wrong, just make a mental note of his name and report him to a supervisor at a later time.

Do not retrieve your driver's license and accompanying documents unless asked to do so by the police officer. Try to avoid engaging the officer in conversation. The officer probably does not care what you have to say and you may get yourself into trouble. A Miami DUI lawyer would recommend speaking as little as possible. Direct answers to direct questions works best. If you like, you can ask why you have been stopped. If you choose not to speak, remember you have a Fifth Amendment right to refuse to answer questions posed by law enforcement officers. However, if you refuse to answer questions the police may become suspicious of you. This may cause them to investigate you more throughly. If the officer attempts to engage you in conversation, be polite, tell him/her that you are in a hurry and don't have time to talk. If the officers persists, ask him/her if you are free to leave?

Do not agree to any physical tests or exercises. Do not agree to take a breath, urine or blood test. Invoke your right to an attorney and to remain silent. These guidelines may not preclude you from an arrest, but the advice provided by this Miami DUI lawyer will provide you many defenses to your case.