Miami Criminal Defense Lawyer Blog

Many cities across the United States boast about their history in one form or another. Miami, mostly known for its sandy beaches, fishing and tourism, has decided to honor the cities checkered, but spectacular criminal history. The Historical Museum of Southern Florida located downtown will be the home to the six month historical exhibit that depicts the well-known crimes that have been committed in the city over the past 100 years. Judge Scott Silverman, a Miami-Dade Circuit Court Judge and one of the founders of the 11th Judicial Circuit Historical Society told reporters, "What the exhibit will try to do is capture Miami's criminal history during the last century and see how it has impacted the lives of the people in the community.

Miami's rich criminal history includes famous kidnaping, murders, attempted presidential assassinationattempts and cocaine trafficking rings. Famous mobster Al Capone resided on Miami Beach in the 1920's. He was involved in several criminal enterprises from racketeering to bootlegging. In 1933, an attempt was made on the life of Franklin D. Roosevelt at Bayfront. Of course, recent history recalls the craziness that ran rampant in the streets during the 1980's with the cocaine cowboys. Miami criminal defense lawyers have garnered a lot of notoriety over the years for their involvement in defending cases during these eras.

Famous cases, both solved and unsolved will also have exhibits posted at the museum. The exhibits will include photographs, court documents, historical law enforcement tool and even authentic fingerprint cards belonging to the most infamous of the city's high profile criminals and criminal enterprises. Exhibits include the 1933 kidnaping of James "Skeegie Cash and the 1932 kidnaping of Charles Lindbergh's child. A man named Franklin McCall was arrested for the Cash kidnaping and actually confessed to killing the small child by placing his hand over the child's mouth, accidently suffocating him. A Miami sex crimes of notable importance was the abduction of a six-year old girl named Judith Ann Roberts. The child was taken from her Coconut Grove home and found on a desolate road and determined to be the victim of sexual battery and murder.

In recent memory, Miami was a wild and dangerous place in the 1980's with the cocaine cowboys running extensive cocaine trafficking and money laundering rings. Because of the large quantities of cocaine entering the United States by boat and plane and the violence that stemmed from the territorial disputes ongoing during the cocaine wars, the Florida legislature mandated draconian minimum mandatory prison sentences for cocaine trafficking offenses. While the legislature was at it, they also created minimum mandatory sentences for marijuana trafficking, heroine trafficking, oxycodone trafficking, etc. The courts were also given leverage on drug cases by imposing Nebbia requirements. Nebbia requires that a person posting a bond demonstrate to the prosecutor and the court that proceeds for the bond whether it be the premium or the collateral came from legitimate resources.

Miami's Rich History of Crime to be on Display, The Miami Herald, February 17, 2010.

A statistical report issued by Miami-Dade County revealed a drop in violent crimes from 2009 as compared with 2008. The number murders, armed robberies, sexual battery and aggravated assault and battery cases showed a significant decline. Mayor Alvarez and other public officials credited the improvement to the increased efforts by local law enforcement authorities. Law enforcement claims to be targeting violent criminals and the crimes they commit. The number of murders committed in Miami-Dade County dropped from 97 in 2008 to 82 in 2009. While there is an improvement from last year to this year, records revealed that there were 64 murders in 2005. That number may be an aberration. Forcible sex offenses, along with domestic violence and child abuse cases have also been on the decline according to the report. Miami criminal defense law firms still remain busy defending clients both in state and federal court not necessarily charged with violent offenses.

While the number of violent crimes may have decreased year over year, the number fraud crimes including Medicare fraud and mortgage fraud have been on the rise. Additionally, marijuana and cocaine trafficking arrests have not decreased as significantly as the violent offenses. Other non-violent crimes such dwelling burglaries, grand thefts, stolen motor vehicles have declined slightly from the previous year. Is local law enforcement responsible for the decline in violent crime? On the whole crime nationwide is down year over year. One would never guess the results of this survey. The Miami-Dade Courthouse is a crowded as ever with lines of defendants standing in lines that are dozens of people long.

As a Miami criminal attorney, the reduction in criminal cases is not readily evident. All types of criminal offenses continue to appear in state and federal criminal court. Credit card fraud and Medicare fraud arrests are being made on a weekly basis according to local news reports. Of course, the news continues to cover the numerous schemes to defraud that keep pooping up throughout South Florida. While violent crimes appear to be down, crimes involving fraud seem to be on the rise. The increase in the number of fraud crimes probably has something to do with the current economy that is choking off income from the citizens of Miami and South Florida.

Also noticeable are the number arrests regarding drug trafficking cases. Marijuana trafficking and "grow house" operations remain prevalent from Miami to Tampa. Also on the rise appears to be narcotics trafficking cases where pills are involved. Oxycodone trafficking and ecstacy trafficking keep appearing on the desks of local prosecutors. Despite the draconian minimum mandatory sentences that accompany these type of trafficking cases, people are willing to engage in these enterprises in an effort to make a living or supplement their income. As the economy mends and unemployment declines, it remains to be seen if the number of non-violent fraud and narcotics cases decline in conjunction with the recent decline in violent crimes.

Crime Drops in Unincorporated Miami-Dade County,, The Miami Herald, January 27, 2010.

Miami judges have been put on notice by Florida's Judicial Ethics Advisory Committee that listing lawyers on their list of friends via social networks on the internet is now deemed to be inappropriate. The opinion has caused many judges to remove lawyers' names from their list of friends and contacts. The directive does not specifically address Facebook, but refers to all social networking sites. The advisory applies to circuit and county court judges alike, whether it be in civil or criminal court. While the advisory makes sense, there a bigger concerns.

According to the committee, the problem is with the fact that everyone can see who is on any particular judges's list of friends. The committee issued a statement with the new directive proclaiming that listing lawyers as friends may cause the appearance of a conflict of interest. They cite to a cannon in the ethics code which prohibits judges from doing anything that could "lend the prestige of judicial office to advance the private interests of judges or others." It is the opinion of this Miami criminal lawyer, that this latest ruling is absurd in light of other circumstances that have existed in Miami and South Florida's legal community for years. The Florida bar is concerned with judges listing lawyers as friends on their social networks, however, the bar has no problem with lawyers making campaign contributions to the judges they appear before on a daily basis.

Tony Alfiera, a law professor at the University of Miami said the recent ruling protects the appearance of judicial impartiality. Alfieri is quoted as saying, "the integrity and independence of the judiciary as democratic values depend in large part on the good-faith efforts of the judiciary to not only act impartially, but appear to act impartially." What would appear more inappropriate in the public's eyes, judges having lawyers on their list of friends, or receiving money from the same lawyers so they can win an election? Lawyers that contribute to election campaigns have their names made part of the public record.

With that in mind, the ethics committee should issue a directive precluding all lawyers from contributing the election campaigns of judges running for office. Not only does receiving money from lawyers look inappropriate from an ethical standpoint, it is placing an unfair burden on lawyers. Some Miami criminal defense attorneys feel obligated to contribute to election campaigns knowing that judges will know who did not place a check in the mail. The committee should issue an advisory prohibited lawyers from providing campaign funds to judges and prohibiting judges form soliciting money from members of the bar.

Florida Judges Advised to Unfriend Lawyers, Law Technology News, December 21, 2009.

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Federal prosecutors dropped all charges against a well-known Miami criminal lawyer on November 25, 2009. The lawyer was indicted for conspiracy to commit money laundering and other various charges. His case stemmed from the defense of the cocaine trafficking kingpin, Fabio Ochoa. Ben Kuehne was absolved of all charges last week. He is well-know for his representation of former Vice-President Al Gore regarding the 2000 Florida vote recount. He was also a member of the Florida Bar board of governors.

The federal court case involving Kuehne became the topic of conversation in legal circles over the past couple of years. The case centered around an individuals 6th Amendment right to counsel and a federal statute which provided for an exemption to attorneys for money laundering The government's case came to a grinding halt when the 11th U.S. Circuit Court of Appeals ruled that Kuehne could not be prosecuted for money laundering in light of the exemption. With the main charge no longer in play, the Department of Justice decided to dismiss the wire fraud and obstruction of justice counts. Court records indicate that the government dropped the case in the interests of justice.

The indictment charged Kuehne with falsely verifying that the proceeds used by Ochoa to retain well-known Miami criminal attorney, Roy Black, were not obtained as a result of cocaine trafficking. Black received about $5.2 million from Ochoa to represent him in his cocaine trafficking case. Kuehne issued two opinion letters to Black in 2002 and 2003 claiming that the funds were not tainted. Kuehne received a $200,000 fee for his opinion.

Prosecutors tried to establish that Kuehne and others prepared documents to make it look like the funds were not linked to the massive Columbia drug cartels operation. Lawyers representing Kuehne have argued from the outset, that federal law precludes lawyers from being prosecuted for receiving tainted fees. According the law, any lawyer receiving tainted fees cannot be prosecuted, only the fees can subject to forfeiture.

Despite the exorbitant fees paid by Ochoa for his defense, he was convicted of the cocaine trafficking charges and is spending the next 30 years in federal prison. The resolution of the case comes with a sigh of relief for defendants and criminal lawyers alike. In a nutshell, defendants can use tainted fees to hire lawyers and the lawyers retained can sleep well at night knowing that they will not go to jail for receiving fees obtained from the operation of illegal enterprises.

US Drops Charges Against Florida Lawyer in Drug Case, The Miami Herald, November 25, 2009.

Miami criminal courts have recently added a pilot program to aid mentally ill people through the justice system. Judge Deborah White-Labora, who currently runs the Miami drug court program is taking on this pilot project. The drug court program was instituted years ago to help defendants with drug addictions. The program is onerous because takes one year to successfully complete. Counseling and weekly narcotics anonymous meetings are required. The program is open anyone arrested and charged with cocaine possession, marijuana possession and heroine possession, etc. Those enrolled in the program are eligible to have their drug charge dropped if they successfully complete a year long treatment program. Once the charge is dropped, the record is elible for expungement.

Individuals charged cocaine trafficking or marijuana trafficking, of course are not eligible to take advantage of the program. For years, Miami criminal lawyers have used the drug court program to avoid having clients enter pleas and receiving probation or short jail sentences. However, before someone enters the drug court program, it would be wise to seek advice from a Miami criminal attorney. A skilled Miami criminal lawyer can many times win a simple drug possession case without putting their clients through the year long program.

Like the drug court program, the new Miami mental health program will assist certain defendants suffering from mental health issues. Individuals are required to be enrolled in the program for one year and have to take their required medications and attend all necessary mental health counseling. The program has been given a $330,000 budget which will allow for the hiring of six new employees, money for housing and medication, as well as for transportation expenses.

Of course the program will not be available for all offenders. Enrollment will be offered depending on the mental illness, the charges for which the person is being prosecuted and the person's criminal history. Those charged with violent crimes with a long criminal background will most likely not be admitted into the program. The program will also assist enrollees in applying for and receiving social security benefits which will assist in paying for living and mental health treatment expenses.

Court Program for Mentally Ill Allows Treatment, The Miami Herald, October 31, 2009.

If the Miami-Dade County legislature decides to decriminalize certain misdemeanors, a Miami criminal lawyer may see a slight drop off in their case load. In an efforts to reduce the number of criminal cases in Miami, the local legislature is contemplating decriminalizing certain minor offenses that clog up the county court's dockets. Miami-Dade County commissioners and local judges are pushing to decriminalize 18 misdemeanor charges from the books. Some of the charges that are being considered for decriminalization are failure to have the proper markings on a commercial vehicle, drinking in public, selling flowers without a license and being present in a park after hours.

First time offenders, as well as, repeat offenders are arrested for these crimes everyday in Miami. Since 2005, 52,560 arrests have been made relating to these crimes. Despite the fact the crimes seem inconsequential, offenders do face jail time for these offenses. The local legislature wants to convert these offenses from crimes to civil infractions. Civil infractions are handled along the same line as minor traffic infractions with fines being the penalty.

Proponents of the decriminalization submit that the minor crimes clog up the court's dockets and take up badly needed space in the local jails. Miami-Dade County Chief County Judge Samuel Slom was quoted as saying, "We are being forced to operate like a factory, we are handling cases that have no business being in a criminal courthouse." The county court prosecutors at the Miami-Dade County State Attorney's office are overwhelmed by the number of cases. While an overworked system works to the benefit of Miami criminal defense lawyers, the tax payers and those arrested for such insignificant charges pay the bills.

On the other side of the coin, law enforcement officials say arrests for minor crimes prevent criminal activity as they prevent more dangerous crimes. Although law enforcement officials make a valid point, resources such as money and man power could be directed at more serious offenses such drug trafficking and violent crimes. While the current proposals are only on paper, time will tell which theory will provide more of a benefit to the citizens of Miami-Dade County.

Miami-Dade County's Costly Nuisance Laws Could Get the Ax, The Miami Herald, October 10, 2009.

The City of Miami Police Department recently released the final criminal statistics for the first half of 2009. According to a report sent by the Florida Department of Law Enforcement (FDLE) to the FBI, violent crime went down 15 percent, while property crimes went down 14 percent. In total, crimes in Miami were down a total of 15 percent. While a decrease in crime is good for the general public and for Miami as a whole, most Miami criminal lawyers feel the economic effects of such a downturn. When the number of criminal cases are on the decline and more and more Miami attorneys are turning to criminal law to pay their bills, there are less and less state and federal cases to go around.

The reduction in Miami criminal cases is surprising in light of the economic difficulties our community is facing. A number of crimes in Miami are on the decline. Examples of cases on the decline include homicides, burglary, sexual battery, robbery, aggravated assault, larceny and auto theft. However, other offenses such as drug trafficking (i.e. cocaine trafficking and marijuana trafficking) and fraud (credit card fraud, mortgage fraud and medicare fraud) appear to be on the rise. The economic conditions in Miami lead individuals to find illegal ways to make up for lost income as the unemployment rate soars to nearly 10 percent.

An example of the decrease in violent crimes is the reduction in the number of homicides in Miami. In 1980, there were 220 murders within a population of 335,000 residents. In 2008, there were only 63 murders within a population of 410,000. In 1991, 8,452 people in Miami were the victims of a robbery. In 2008, only 2,415 people were the victims of a robbery. In 1989, there were 15,350 burglary cases. In 2008, only 4,941 burglary cases were reported in Miami. Based on the calculations submitted in the FDLE report, there has been a 30 percent decline in crime over the past eight years.

The statistics indicate that the number of crimes committed in the Miami and South Florida area are on the decline. A large part of the reason for the decline in crime has been the efforts of local law enforcement officers. While the decline in crime positively impacts the reputation of Miami and Miami Beach, which in turn boosts the economy as tourism picks up, other businesses are negatively impacted. Any Miami criminal defense lawyer will tell you that their Miami criminal law practice suffers from a reduction in crime.

Violent Crime Has Declined, The Miami Herald, September 9, 2009.

Whether you are on vacation on Miami Beach or reside in the Miami or South Florida area, you should know that there are certain measures a person can take at the time of arrest that will assist your Miami criminal lawyer in successfully defending a criminal charge. Everyone should know how to protect one's rights. By knowing your rights, you have gone a long way in defending your criminal case. In order to protect your rights, you need to understand the law and the circumstances in which you find yourself. If you are under investigation or have been arrested by a law enforcement officer, there a number of rules that a Miami criminal lawyer strongly suggests you follow to help beat your charges.

Try to stay calm and quiet. If you must speak, think carefully before utter any words that may hurt your case. Remember, anything that you say can and WILL be noted by the officer in his report and used against you later in state or federal court. These statements are called admissions or spontaneous statements and are the strongest piece of evidence the prosecution will use against you. The officer is not your friend, he/she is not going to be persuaded or convinced not to arrest you. Anything you say is NOT going to help you. Statements you make can only limit the potential defenses in your case. Any spontaneous statements you make could impede your Miami criminal defense attorney's ability to defend your case. The best and only statement you should make to a officer or agent is, "I want to speak to my lawyer, I do not wish to speak to you." Be polite.

Try to be courteous and respectful. Do not, under any circumstances argue with the officer or agent. Do not touch the officer or agent. Do not attempt to escape by walking or running away. Do not make any quick or abrupt movements. Do not resist the arrest in anyway. Pulling your arms away or tensing up your arms when the officer or agent attempts to arrest you can result in the additional charges of resisting arrest or obstruction of justice. This also gives the officer or agent a justification to hurt you. Keep your hands where the police can see them. Do not complain or argue with the officer or agent about how they are making a mistake. Do not threaten or claim that you are going to file a complaint or law suit, or that you will have them fired. These courses of action only ensure that the officer or agent will arrest you on more charges, remember you in court and make sure that the charges are prosecuted to the fullest extent of the law.

Remember, if the officer or agent has already made the decision to arrest you, there is very little, if anything, you or anyone can do at this point to make him or her to decide not to follow through with the arrest. During the initial investigation by the law enforcement officer or after you have arrested, do make the prosecutor's case stronger. The police officer may ask for your consent to search your car or home. The officer may do this orally or request that you sign a form. Do not consent either orally or by form. In majority of cases, the police are required to obtain a warrant to search your car or home. Make them do their job and obtain a warrant for either type of search.

If you under investigation or have a been arrested, the police officer will want to speak with you. If you are not free to leave, the officer must inform you of your Miranda rights, the right to remain silent and the right to have an attorney present during questioning. Take advantage of your right and refuse any questions directed at you by the police. Again, any statements you make can and Will be used against you in court.

If an individual under investigation or placed arrest follows these simple rules, your Miami criminal lawyer will have a better chance of beating your case in court. Do not make the case stronger for the police and the prosecution.