Miami Criminal Defense Lawyer Blog

In past recessions, statistics show that the number of bank robberies generally increase with every downturn in the economy. However, the latest FBI report indicates that the number of bank robberies committed across the United States decreased 20% last year to a level not seen in at least a decade. The statistic is surprising in light the deepest recession since the "Great Depression" which has caused the unemployment rate to rise. Banks and law enforcement agencies expected the levels of robberies to increase as people became more desperate to obtain money. Even in the hardest hit cities from the economy such as Miami, Los Angeles and Detroit have also seen the steady decline.

According to statistics supplied by the FBI, only 5,500 bank robberies occurred in 2009, which is down approximately 18% from the previous year. U.S. Department of Justice records indicate that the number of indictments handed down in federal court for bank robbery charges reached a 10 year low. Law enforcement authorities believe that the new tactics used by law enforcement such as tracking offenders by satellite are responsible for the decrease in the violent crime. "With the economy, we expected an increase, but we have not seen robberies in which the motive was that a person got laid off and needed the money," said Brad Bryant, head of the FBI's violent crime unit. Most of the individuals caught up in bank robberies are motivated by drug abuse or gambling debts, with limited ties to being unemployed.

Miami banks have implemented a sophisticated measure in an effort to catch bank robbers. Banks give robbers cash that has a global positioning system "GPS" tracking device which allows law enforcement to track the robbers with a lap top computers from their police vehicles. In Arizona, billboards post high-quality photographs of perpetrators within minutes of the commission of a bank robbery. Law enforcement credits these new tools with reducing the number of bank robberies.

One wonders if the technological advances have led to the decrease or the new laws that the State of Florida enacted regarding gun charges. The State of Florida and Miami-Dade County have spent countless dollars and man hours educating the public regrading the 10-20-Life laws implemented earlier in the decade. Anyone committing a crime in possession of a firearm is subject to a mandatory prison sentence of 10 years. Any committing a crime and discharging a firearm in the commission of a crime is subject to a mandatory prison sentence of 20 years. Anyone discharging a firearm where someone is actually shot in the commission of an offense faces up to life in prison. Despite the harsh penalties, a skilled Miami criminal attorney is able on many occasions to have the mandatory sentences waived. However, offense committed with firearms generally score high under the Florida Sentencing Guidelines which still subject violent offenders to long prison sentences.

Despite Recession, Bank Robberies Dropped in 2009, USA Today, January 19, 2010.

A Monroe County man was cleared of cocaine trafficking charges in federal court. The defendant, Richard Wollferts became infamous years ago for his involvement in the car bombing of a local Miami divorce lawyer. The Miami-Dade County State Attorney's Office prosecuted Wolfferts for the attempted first degree murder of Gino P. Negrettti. With the advice of his Miami criminal lawyer, Wolfferts accepted a five year plea deal with state prosecutors in exchange for his testimony against his co-defendant, Victor Seijas. The five year prison sentence ran concurrently with his federal prison sentence for marijuana trafficking.

Wolfferts testified that Seijas enlisted him to plant a car bomb in Negretti's Cadillac. The bomb exploded which left the divorce lawyer partially paralyzed. Wolfferts told jurors that Seijas ordered him to commit the bombing as revenge for representing his wife in a bitter divorce case. The jury did not buy the testimony provided that he committed the bombing in exchange for a fishing boat and Seijas was acquitted of all charges. Seijas's Miami criminal lawyers argued to the jury that Wolffert was lying to save himself from a lengthy prison sentence. They also attributed the acquittal to Wolffert's personality when he testified by saying, "he was completely vicious and frightening, he was scary to the jury, they totally rejected his testimony."

In September, Wolffert was indicted along with seven other co-defendants in a Miami cocaine trafficking case. Prosecutors alleged that the ring was transported large shipments of cocaine from Panama to Miami in hollowed-out pumpkins. Two of the defendants eventually came forward and told prosecutors that Wolffert did no have any knowledge of the ongoing cociane trafficking ring. The remaining co-defendants entered guilty pleas in federal court earlier this month. The charges against Wolffert were dismissed and we was released from federal custody on December 9, 2009.

There is a simple moral to the story. Even if a person is not involved in a criminal enterprise, i.e. cocaine trafficking, mortgage fraud or Medicare fraud, there is a significant danger in being involved with individuals who are engaged in these types of enterprises. Be aware of who you are involved with, especially if you have a prior criminal history. The prisons, both state and federal, are filled with innocent people who just happened to be in the wrong place, at the wrong time, with the wrong type of people.

Bomber Overcomes Drug Charges, The Miami Herald, December 29, 2009.

Last week, a Miami psychologist entered a guilty plea to the charges of manslaughter and trafficking in oxycodone. The criminal information alleges that Adam Feder failed to call 911 after his girlfriend overdosed on his private stash of oxycodone in his residence. With the assistance of his Miami criminal defense lawyer, Feder entered a guilty plea and was sentenced to six years in state prison followed by four years of reporting probation. The victim was an alleged former patient who had initially come to see him about grief counseling. She originally sought counseling because her high school boyfriend was involved in a traffic accident that left him in a coma. The 38 year old doctor befriended the 18 year-old when they became involved in a sexual affair.

Manslaughter carries a maximum tern or imprisonment of 15 years while trafficking in oxycodone carries a maximum term of 30 years in prison. With the addition of victim injury points attributable to the death of the victim, Feder was facing maximum of 135 years in prison. While a six year prison sentence is a victory for the Miami criminal attorney and his client, Feder is still subject to 135 years in prison if he is ever alleged to have committed a probation violation. If an individual is placed on probation and is charged by affidavit with a substantive probation violation, he or she faces the maximum prison sentence being faced at the time of the plea.

Feder was charged with trafficking in oxycodone. Oxycodone trafficking charges carry minimum mandatory prison sentences depending on the amount of the controlled substance. Possession in excess of 25 grams of oxycodone subjects defendants to a 25 year minimum mandatory sentence. The charge carries the same sentence as heroine trafficking due the addictive nature of the drug. Oxycodone is legal if it is properly prescribed by a physician. Most people think that trafficking in controlled substances requires that the drugs be transferred for the purpose of sale to another. However, Florida is clear that mere possession of a controlled substance, as long as it exceeds a certain weight, will still constitute trafficking. Sometimes one gram is the difference in being charged with possession or trafficking. If you are charged with this type of charge, it is imperative to retain an experienced Miami oxycodone trafficking defense lawyer to defend your case.

A person can be charged with murder in the first degree under Florida law if a death results from the unlawful distribution of certain controlled substances. Cocaine, heroine and oxycodone are examples of controlled substances that if distributed and cause the death of another can result in a first degree murder charge. The Miami-Dade County State Attorney's Office could have conceivably charged Feder with murder as he prescribed the oxycodone for his own personal use an kept it at his residence. However, investigators belief that the victim took the controlled substance to commit suicide. The lack of evidence that Feder provided the oxycodone to the victim probably led to the prosecutor's decision to charge manslaughter.

Psychologist Pleads Guilty in Lover/Ex-patient's Death, The Miami Herald, December 23, 2009.

Three Broward County youths are facing attempted second degree murder charges for setting their 15 year-old friend on fire. On October 12, 2009, five teenage friends of Michael Brewer covered him with alcohol and set him ablaze. Police officials determined that the attack occurred because Brewer owed one of the boys $40 for a video game. Brewer remains in critical condition in Miami's Jackson Memorial Hospital's burn unit. It is unclear whether the defendants will be represented by Broward or Miami criminal attorneys.

Until Monday, the Broward County State Attorneys Office had not decided whether to charge the defendants as juveniles or adults. The decision to came down to transfer the defendants to adult court. The defendants in the case are Denver Jarvis, age 15, Matthew Bent, age 15, and Jesus Mendez, age 16. All defendants under the age of 18 are treated as juveniles, unless the assistant state attorney in charge of the juvenile unit decides to bind up the case to adult court. The Miami-Dade County's juvenile system works in a similar fashion. For example a person under the age of eighteen charged with theft or marijuana possession will most likely remain in juvenile court. However, a juvenile charged with a violent crime, such as attempted murder or armed robbery, will be sent to adult court where the penalties are much stiffer.

The Miami criminal lawyer initially retained by Denver Jarvis provided an interview to CNN. She told reporters that she believed her client should not be charged as an adult. "The juvenile system is designed to deal with children criminally charged. Broward County has chosen to ignore the juvenile system." Brewer's parents have decline to comment on the transfer of the case to adult court, but one cannot imagine that they share the same view with Jarvis' lawyer.

As a Miami criminal lawyer, it is imperative to intervene early in a juvenile case in an effort to convince prosecutors to keep juveniles in the lower tribunal. The punishments served by adults and juveniles are vastly different. In the case of the three juveniles, if convicted in juvenile court, they would be facing up to eighteen month locked facility especially designed for people under the age of 18. If convicted in adult court, they are facing life in prison with the most hardened criminals the State of Florida has to offer. Of course, the judge presiding over their case has the power to apply juvenile sanctions in the event of a conviction. That route is a crap shoot because no one knows which judge will preside over the case. In any event, Broward County has made their decision and only time will tell what the final result will be.

3 Teens Accused of Setting Boy on Fire Face Attempted Murder Charges, CNNJustice.com, November 9, 2009.

The Coral Gables student accused of murder is now represented by a Miami criminal lawyer who told reporters his client has a strong case of self-defense. The Miami-Dade County State Attorney's Office released the statement provided by the defendant, Andy Rodriguez. They also released surveillance footage, police reports, witness interviews and the medical examiner's report. Rodriguez is currently charged with murder for the slaying of Juan Carlos Rivera at Coral Gables High School on September 15, 2009.

Homicide detectives and prosecutors have determined that the fistfight turned deadly was the result of tensions between the two students regarding a girl. Rivera resided in the same apartment complex in Miami with Rodriguez's girlfriend. The girlfriend's mother asked her to give Rivera rides to school. A friend of Rodriguez told police that Rodriguez had told his girlfriend not to give Rivera anymore rides. Soon thereafter, tensions apparently built between the two teens.

Rodriguez has no criminal history, but school records show that he has been suspended seven times. Three of the suspensions were a direct result of physical confrontations on campus. Rodriguez told homicide detectives that he did not go to school with the intent to kill Rivera. Unless prosecutors have some evidence to support the fact that Rodriguez took the knife to school with the intent to kill Rivera, they will have a difficult time persuading a jury to convict the defendant of first degree murder.

Despite the fact that Rodriguez gave a statement to police, the statement in and of itself does not exhibit the requisite premeditation for first degree murder. Rodriguez told detectives that he found the knife on the side of the road while walking home from work. He told police that he kept the knife and carried in case he was attacked by Rivera. The day before the stabbing, Rodriguez and Rivera bumped into each other during lunchtime. Witness statements are conflicting regarding the lunchtime encounter.

The following day, the students bumped into each other again and began fighting in the hallway. The fight spilled outside into the courtyard. While the teens grappled on the ground, Rodriguez stabbed Rivera five times, one piercing the heart. Rodriguez admitted to the stabbing, but told police officers that Rivera came at him with a pen and that he was acting in self-defense. None of the witnesses at the scene saw Rivera with a pen. That fact bodes poorly for the self-defense claim issued by his Miami criminal attorney. Despite the lack of premeditation, the prosecution appears to have enough to overcome the self-defense claim and get a conviction on the charge of second degree murder.

Suspect: 'Bad Face' Provoked Fatal Coral Gables High Stabbing, The Miami Herald, November 10, 2009.

A former Miami social worker is accused of murdering his wife and is charged with the sexual assault and attempted murder of his stepchildren. After a six week jury selection, opening statements were presented to the jury by the prosecutor and the defendant's Miami criminal lawyer. The prosecutor told jurors that Grady Nelson admitted to law enforcement officers that he sexual assaulted and stabbed his stepdaughter and stepson and then turned the knife on his wife. The medical examiner found that he stabbed his wife 60 times and slashed her jugular artery. Nelson was formally charged in 2005 with first-degree murder, attempted murder and sexual battery.

Prior to the murder of his wife, Nelson had been arrested for the sexual assault of his wife's 11 year-old daughter. Soon after the arrest, Nelson attended his bond hearing where he was granted bail and bond hearing judge issued a stay away order from the victim. Despite the court order issued by the judge, the defendant returned home and allegedly committed the horrific crimes. The police found him inside the residence covered in blood and holding the murder weapon.

The Miami criminal attorney representing Nelson explained to the jury that his client was innocent of all charges and that the actual person guilty of the crimes was the boyfriend of the children's grandmother. The attorney explained to the jury that the alleged confession was forced out of his client by law enforcement officers. The prosecutor will undoubtedly present the taped admission to the jury. The jury will be given every opportunity to listen to the alleged confession and decide for themselves whether or not it was coerced by the homicide detectives.

One of the reasons jury selection took six weeks in fairly straightforward case is due to the fact that the Miami-Dade County State Attorneys Office is seeking the death penalty against Nelson. In all capital cases, the defendant is entitled to a twelve member jury. In all other cases, a defendant is entitled to a six member jury. The increased number of jurors and additional death penalty questions that coincide with this type of case can explain the length of time to select a fair and impartial jury.

If Nelson is convicted of the first degree murder and sexual battery, he is facing the death penalty. If convicted of the crimes, he will appear at a death sentencing hearing, where the judge will make the ultimate decision. Nelson will present through the assistance of his lawyer any mitigating factors which will cause the judge a reason to hand down a life sentence as opposed to the alterative. Of course the prosecutor will offer aggravating factors in an effort to convince the judge that the death penalty is warranted.

Trial Begins For Convicted Rapist Accused of Killing Wife, The Miami Herald, November 5, 2009.

Miami marijuana traffickers have more to worry about than getting arrested by law enforcement authorities. A recent survey revealed that most of the South Florida and Miami home invasions are related to marijuana trafficking or cocaine trafficking operations. The majority of South Florida and Miami home-invasion robberies occur between drug dealers or rival gang members. Generally, the home-invaders force their way into rival drug dealers or gang members homes with guns in an effort to steal drugs, money or jewelry. Miami criminal defense lawyers have seen a rise in home invasions as a result of the increased drug trade and gang related violence in the Miami and South Florida area.

While the majority of Miami home-invasion robberies stem from the drug trade or gang activities, there has been a reported increase in numbers of the violent crime where truly innocent victims are involved. On March 20, 2009, in Lake Worth, Florida, a would be home-invader broke into a home belonging to a Palm Beach County police officer. When the home invader knocked and barged his way into the home, he was shot and killed by the officer.

On September 30, 2009, two masked robbers forced their way into a home and sexually assaulted a young woman. Law enforcement investigators say that it is uncommon for sexual assaults to occur during a home-invasion. Authorities recommend that the best way to avoid being a victim of a Miami home-invasion robbery is to keep doors locked and check to see who is knocking before opening the door.

Statistics show that although home invasions are uncommon, but have been steadily on the rise across Miami, South Florida and the entire State of Florida. In 2006, 732 home invasion robberies were reported in 2006, and 894 reported in 2007. Law enforcement authorities recommend that if a person is a victim of a home-invasion robbery, do not resist and relinquish any property that is demanded. Property can be replaced, not your life.

Miami-Dade, Broward and Palm Beach County boast the highest number of home-invasion robberies in Florida. However, the statistics appear to be inaccurate due to the fact that many of the crimes are actually burglaries rather than home-invasion robberies.

Avoid a Home Invasion: Know Who's Knocking at the Door, SunSentinal.com, October 10, 2009.

A defendant in the murder case of nine-year Sherdavia Jenkins decided at the last minute to enter a guilty plea to a reduced sentence in exchange for testimony against his co-defendant. Leroy Larose entered a guilty plea on September 16, 2009, accepting a seven year prison sentence in exchange for his testimony against Damon Darling, who allegedly killed the young with a bullet from his assault rifle. According to Larose's Miami criminal defense lawyer, he entered into a plea to seven years in prison as opposed to looking at a life sentence.

The allegations suggest that Larose and Darling got involved in a daylight shootout in Miami, Florida which resulted in the death of the young girl. Both defendants were charged with 2nd degree murder and attempted 1st degree murder for their involvement in the shooting. Each Miami criminal attorney for the defendants intended on using self-defense to keep their clients out of prison. According to the plea agreement, Larose will serve seven years in prison followed by 10 years of probation.

The case has always posed problems for the Miami-Dade County State Attorney's Office because of the "stand your ground" law implemented by the Florida Legislature in 2005. As a result of Larose's plea, the prosecution will go to trial against Darling. In addition to the murder charges, Darling is also charged with possession of a firearm by a convicted felon which carries a 3 year minimum jail sentence.

The case is perfect example of the ongoing street violence gripping the streets of Miami. Law enforcement officials say the dispute between Larose and Darling began months before the murder occurred. On the date of the murder, Larose went to Overtown to purchase marijuana and was encountered by Darling and his assault rifle. Although more pre-trial motions are scheduled to be heard, the trial is set to commence this week. The trial is set to be heard before Miami-Dade Circuit Judge Marisa Tinkler-Mendez.

To show that good things can come from senseless crimes, a Liberty City "peace park" is being erected in honor of the slain youth. These senseless violent crimes plaque the streets of Miami. One can only wonder how Miami's public will be protected if the budget constraints lead to the reduction in the number of police officers patrolling our streets.

Suspect in Sherdavia Jenkins' Death Makes Plea Deal, The Miami Herald, September 16, 2009.

Several students from Miami schools were arrested on weapons possession charges. The arrests follow from the homicide committed at Coral Gables High School last week. Anthony Rodriguez, of Miami, was charged with second degree murder for his involvement in the stabbing death of another student. Currently, Rodriguez is facing charges in juvenile court, however, his case is expected to be bound up to adult felony court as soon as the investigation is complete. It is unclear at this point whether Rodriguez has retained a Miami criminal lawyer to defend his case, or whether he will be appointed a Miami criminal attorney from Public Defender's Office.

The spike in arrests on weapons at schools is not uncommon following a violent incident. Students were arrested at various Miami schools for possession of weapons. The weapons seized by the police include a loaded .38 caliber revolver, knives, a box cutter and a Taser. Most of the weapons were located based on tips provided by other students to school administrators. Experts claim that reports of increased weapons possession charges always occur after a violent school related incident.

Police officials have declared that they have not changed their practices as a result of the Coral Gables High School incident. The Miami-Dade County Schools Superintendent, Alberto Carvalho, announced a community initiative program to reduce violent crimes in Miami schools. Aspects of the initiative include a weapons amnesty program, a campaign against non-violence for Miami-Dade students and a program for parents to increase their awareness of the safety needs of their children.

As for the students arrested on weapons charges following the alleged second degree murder, it is unclear whether the Miami-Dade County State Attorney's Office will treat these cases differently under the circumstances. The penalties that attach to the recent cases may be more onerous than usual to send a message to all Miami students that violence and possessing weapons in schools will not be tolerated. The parents and school administrators can only hope that the new initiatives will curb the rise in violent crimes committed in our schools.

6 Miami-Dade Students Arrested for Having Weapons at School, The Miami Herald, September 21, 2009.

Commitment to Ending Youth Violence in Miami-Dade Schools Renewed, The Miami Herald, September 21, 2009.

A Miami man was shot to death inside his Miami-Lakes apartment soon after his release from federal prison. After Alberto Valdes was released from prison for his involvement in a Miami Medicare fraud ring, he began receiving death threats. The police found his body in his Miami-Lakes apartment after a neighbor discovered blood seeping under the door. Miami homicide detectives are investigating whether the death threats stem from his former involvement in the Miami Medicare Fraud underworld. The Miami criminal lawyer who represented Valdes was unavailable for comment.

Miami-Dade homicide detectives have ruled the killing a homicide, but are still looking into all possible leads to locate suspects and determine the motive for this violent crime. Back on June 18, 2009, Valdes requested that his probation be terminated early so he could leave Florida. He requested the early termination of probation because his house was the subject of two burglary attempts and he had received numerous death threats.

At the end of June, 2009, a federal probation officer recommended to a U.S. District Judge in federal court that his probation be terminated. In general, probation officers will recommend early termination if an individual has not had any prior probation violations. On July 8, 2009, the judge agreed to terminate the probation. Valdes served 5 months in federal prison and was supposed to serve a probationary period ending February 2010.

Following the murder, police could not locate Valdes' two year-old daughter. Apparently, she was with her aunt and uncle visiting the girl's mother in prison. Valdes's wife, Maricel Li, was only convicted in a Miami Medicare fraud case and is now incarcerated in a federal prison in Tallahassee, Florida. Li pled guilty in 2007 with three other co-conspirators for filing fraudulent Medicare claims for medical equipment including prosthetic limbs, wheelchairs and other medical devices and supplies. She received a two year prison sentence, followed by a three year term of probation and $556,000 in restitution.

Slain Man Served Prison Time for Medicare Fraud, The Miami Herald, August 18, 2009.

On Friday, August 21, 2009, with the assistance of a Miami criminal lawyer, a Miami man pled guilty in federal court to committing Medicare fraud. Guillermo Gonzalez admitted that he defrauded the federal government out of $586,953 by filing false claims with Medicare for medical supplies that were never provided to patients. Gonzalez stole physician's names to write prescriptions and also misappropriated patient's Medicare numbers.

The interesting fact about this case is that Gonzalez was convicted of second degree murder back in 1992. Originally, he was charged with first degree murder for allegedly shooting and killing a man over a monetary dispute at a Hialeah Tire Kingdom. Gonzalez eventually reached a plea deal with the Miami-Dade County State Attorney's Office whereby he would plead guilty to second degree murder in exchange for a thirty year sentence. He served approximately 14 years of the 30 year sentence.

After being released from prison, Gonzalez, purchased DG Medical for $18,000 back in December 2006. He purchased the company from Deborah Gomez who had already obtained a Medicare license earlier in the year. Medicare refunded Gonzalez approximately $31,000 in tax payer money. This case a prime example of Medicare's inability to oversee Medicare providers in Miami and South Florida. Medicare is supposed to conduct criminal background checks on all owners of facilities that bill Medicare for benefits. Convicted felons are precluded by law from owning or operators Medicare facilities. It seems that Medicare overlooked Gonzalez's criminal past.

Heath and Human Services Inspector General Daniel Levinson recommended to Medicare "watch dogs" to conduct regular inspections of clinics and doctor's offices to ensure that legitimate Medicare billing was taking place. Medicare's efforts to regulate and oversee medical equipment suppliers has been woefully inadequate. However, Medicare's anti-fraud director, Kimberly Brandt, said that Medicare regulators are conducting more thorough investigations in Miami and Los Angeles, two of the country's worst cities for healthcare fraud.

Despite his recent plea, Gonzalez is facing far more serious problems in Miami, Florida. The Miami-Dade County State Attorney's Office has indicted Gonzalez for first degree murder in the slaying of Sergio Quintero last year. Hialeah law enforcement officers allege that Gonzalez and Quintero were at Gonzalez's home when an argument broke out over money. According to police reports, Gonzalez stabbed Quintero numerous times with a kitchen knife and then dismembered the body and disposed of the pieces.

Convicted Killer Pleads Guilty to Medicare Fraud, Faces New Murder Charge, The Miami Herald, August 21, 2009.

City of Miami Police arrested an 18 year-old teenager for a double fatal shooting at a birthday party last month in Overtown, Miami. Rodney Miller has been arrested for two counts of second degree murder for his involvement in a shooting that left two people dead and several other wounded. Either a Miami criminal attorney from The Office of the Public Defender will be appointed to represent Miller, or he will retain a private criminal defense lawyer.

Miller was arrested by the City of Miami Police Department around 1:00 a.m. in Liberty Square. Members of the City of Miami Police Department Robbery Intervention Detail made the arrest. Miller has a long criminal record which includes eight arrests for burglary, battery, resisting arrest and various or violent crimes.

The shooting occurred near NW 5th Street and NW 5th Avenue on July 6, 2009 at approximately 12:45 a.m. Several gunmen carrying high-powered weapons entered a birthday party and fired guns into a crowd of about 200 people. As a result of the shooting two people died and several more were hospitalized. Miami police would not disclose how they tracked Miller down or determined that we was a suspect. However, the police did say that help from the community was instrumental in the arrest. They applauded the number of Crime Stopper tips and a number of phone calls that led to the arrest.

Miami Police Chief John Timoney appeared at a press conference with several of the victim's family members. Timoney told reporters that the arrest is a small amount of justice relative to the seriousness of the crime and that more justice needs to be done because others involved in the crime are still out there. Police still have not released possible motives for the shootings.

Michelle Coleman, 21, of Miami, Florida and Anthony Smith, 17, also of Miami, Florida were killed in the shootings. At the press conference, Coleman's aunt told reporters that the arrest does nothing to take away the pain, but more arrests need to be made. Smith's grandmother relayed that Smith had received a full scholarship to UCLA just days after his death. She said that an opportunity was given to him and taken away by the stupid, senseless actions of others.

Teen Arrested in Overtown Party Shootings, The Miami Herald, August 20, 2009.

Former Miami-Dade prosecutor, David Ranck, agreed to enter into the pre-trial diversion in exchange for resolving his case. Ranck was recently charged with battery by his former office. He was accused of punching a pizza delivery woman outside of his Miami-Beach condominium. In exchange for successfully completing the pre-trial diversion program (completing 25 community service hours and an anger management class) the Broward County State Attorney's Office has agreed to drop the battery charge. The plea deal was announced at the arraignment. Ranck was represented by local Miami criminal defense attorney Simon Steckel. Steckel told reporters, "There is no conviction. There is no adjudication. Considering the facts of the case, it is a good resolution for everybody." To avoid a conflict of interest, a Broward County prosecutor was assigned to the case and offered Ranck the program.

The Miami Herald described Ranck as a seasoned prosecutor with the Miami-Dade County State Attorney's Office who had a rocky relationship with his supervisors. He had allegedly been reprimanded for cursing at a Miami criminal lawyer during a murder trial in 2005. The court declared a mistrial and an appellate court released the murder suspect earlier in the year. He is also being scrutinized for another case where he allegedly dropped armed robbery charges against a suspect in the killing of a North Miami pawn shop owner.

Last year, Ranck sued Katherine Fernandez-Rundle in federal court, for allegedly wrongfully suspending him from his duties at the Miami-Dade County State Attorney's Office. In June, a federal judge dismissed the suit.

Pre-trial intervention and pre-trial diversion programs are usually offered to first time offenders. Of course, the pre-trial programs are offered in cases of a less-serious nature and have to be victim approved, as well as approved by the law enforcement officers involved in the arrest. The program is only available in the state court system. The benefit of the program is that once a defendant successfully completes the conditions set forth by the prosecutor, all of the charges will be nolle prossed (dismissed) by the prosecutor. In addition to having the charges dropped, a defendant is then eligible to have the record expunged or destroyed.

Ex-Miami-Dade Prosecutor Gets Deal in Battery Charge, Miami Herald, August 17, 2009.

In Miami, Florida, Jeffrey Sloman, acting United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent for Alcohol Firearms and Tobacco (ATF), Robert Parker, Director of the Miami-Dade Police Department, Rafael Hernandez, the police chief of North Miami Beach Police Department and Richard Naue, police chief for the City of Coral Gables Police Department made a joint announcement stating that Frankie Medrano, formerly of West Palm Beach and Miami was arrested and charged in connection with an armed robbery at two separate Miami businesses. Armed robbery is one of the most serious offenses set forth in the Florida Statutes. Medrano will need the assistance of a Miami criminal attorney to defend both cases.

Medrano has been charged for committing an armed robbery at a Coral Gables Subway on May 30, 2009 and also has been charged with an armed robbery of a Radio Shack located in Southwest Miami on July 17, 2009. On both occasions, Medrano committed the armed robbery by entering each store, drawing a firearm and demanding money from the clerk. Medrano has been indicted federally under the federal robbery statute. Medrano can be sentenced up to 20 years in prison on each robbery count and to life in prison for each firearm charge.

Medrano has been implicated in fifteen armed robberies and one attempted armed robbery. He has not been indicted on all of those cases to date. On July 25, 2009, law enforcement authorities arrested Medrano and recovered a 9mm firearm and an air pistol from his automobile. The firearm was allegedly the one used to commit the armed robberies. A bond hearing was held in federal court on July 31, 2009, where Magistrate Ted Banstra held Medrano in custody without a bond. Banstra cited his reasons as being that Medrano was not only a danger to the community, but also a flight risk.

According to officials, the arrest and indictments were the result of a joint and coordinated effort involving ATF, Miami-Dade Police Department, City of Coral Gables Police Department, West Palm Beach Police Department, and the Ft. Lauderdale Police Department to name a few. Sloman stated, "The extraordinary cooperation by multiple law enforcement agencies resulted in the successful identification and arrest of a suspected serial robber."

Director Parker attributed the arrest to the cohesive working relationship between all of the law enforcement departments involved in the armed robbery investigations. Barrera mentioned that all of the citizens of Miami-Dade County deserve to live in a safe community and that ATF will continue to arrest violent offenders.

Defendant Charged for Armed Robbery of South Florida Businesses, American Chronicle, August 10, 2009.