Miami Criminal Defense Lawyer Blog

The high-profile case of Christopher Sutton finally came to close yesterday when a jury returned a guilty verdict on all counts after 10 hours of deliberations. The circuit court judge hearing the trial immediately imposed 3 life sentences after the jury returned guilty verdicts for 1st degree murder and attempted murder. Sutton was represented at the trial and sentencing by a Miami criminal lawyer with years of experience defending defendants charged with violent crimes. Two of the most experienced prosecutors from the Miami-Dade County State Attorney's Office was assigned to handle the case.

Sutton was alleged to have been the mastermind behind the murder plot that left his mother dead and his father blind. The prosecutors argued that the defendant planned the murders in order to obtain his parents wealth. The defendant was also angry at his parents for sending him to a reform school for 29 months. Prosecutors portrayed the defendant as a spoiled brat that also sold marijuana and cocaine. The most important witness to testify in the trial for the state was Garrett Kopp, the alleged trigger man that the defendant convinced to murder his parents. Kopp was initially charged with first degree murder and attempted first degree murder, however, in exchange for his testimony and cooperation, he was permitted to plea to second degree murder and receive a 30 year prison sentence.

The defense attorney representing Sutton argued that Kopp knew that drugs and money were in the home and committed the murder during the course of the burglary. Kopp told jurors that the defendant recruited him to kill his parents, showed him how to break into the home and provided him the gun with which to commit the murders. According to reports, Kopp's father convinced his son turn government's witness in an effort to reduce his sentence. Despite Kopp's bias, the jury apparently believed Kopp's story over the defendant's version of events.

The trial was very emotional. The defendant and his sister were adopted by the victims in the case. As the sentence was rendered jurors, family members and the judge were emotionally affected by the facts of the case and the subsequent result. Everyone except the defendant appeared affected by the trial. During the sentencing portion of the trial, the defendant did not make a statement and remained stoic as he received three consecutive life sentences. As corrections led him back to his, he passed by his father, but did not even give him a glance.

Christopher Sutton Found Guilty in Plot to Murder Parents, The Miami Herald.com, July 22, 2010.

Two South Florida men were arrested for committing a tourist robbery on South Beach. The two men that were arrested forced their way into a hotel room located on Miami Beach at gunpoint. Arturo Rosa and Carlos Valdivia were picked up early Wednesday morning, a couple of days after the crime was committed. A couple from Texas were on vacation and staying at the Parisian Hotel. When they returned from dinner, the two men were waiting in the room. The police reports do not indicate how the men gained entry into the room. Both defendants are currently represented by Miami criminal defense lawyers from the Miami-Dade County Public Defender's Office.

Both of the accused will remain in custody without a bond, at least until their arraignment date which is scheduled in approximately three weeks. Both men are charged with two counts of armed robbery with a firearm, one count of armed burglary and one count of burglary with an assault or battery. All three charges are first degree felonies punishable by life in prison (1st PBL). Under Florida law, anyone charged with a 1st PBL will be held without a bond at the initial bond hearing. The criminal lawyers representing the defendants can request that the circuit judge presiding over the case hold an Arthur hearing in an attempt to secure a bond.

Police reports allege that both defendant pointed firearms at the first victim demanding his jewelry, money, wallet and credit cards. They even threatened to kill him if he did not provide PIN numbers. He was then struck with a firearm and had his mouth taped shut. The second victim went to room looking for her friend when the defendants pointed the firearms at her taking her purse, wallet and jewelry. The defendants then took the couple's car keys and left the hotel. Both were arrested and proved confessions to the robbery detectives.

If the detectives can provide evidence that the defendant carried firearms, the defendants will also be subject to the 10/20/Life sentencing laws. According to the 10/20/Life sentencing laws, a person who carries a firearm during the commission of a felony is subject to a 10 year minimum/mandatory prison sentence. If a firearm is discharged during the commission of a felony, a 20 year minimum/mandatory sentence can be handed down. If a firearm is discharged and a person is actually shot, a life sentence can be handed down by the judge. The minimum mandatory sentence dictates that the entire sentence be served with no gain time for good behavior. The state will of course have the burden of proving that an actual firearm was used to enhance a defendant's sentence.

2 Arrested in Robbery of Tourist at Miami Beach Hotel, The Miami Herald.com, July 21, 2010.

A college student was arrested on charges related to the robbery and sexual assault of three young women in the West Kendall area. Benjamin Marcus Raucher was charged with armed robbery with deadly weapon, sexual battery, strong arm robbery, burglary of an occupied conveyance, burglary to a dwelling and several counts of simple battery. He is currently being held in the Miami-Dade County jail without a bond. He has not been formally charged at this point in the case, but is being held without bail after the bond hearing judge found probable cause on the armed robbery and the sexual battery charge. He is currently represented by a Miami criminal lawyer from the public defender's office.

One of the cases alleges that the defendant approached a 19 year old women as she was walking down the road on SW 56th Street and 118th Avenue. Raucher committed a strong arm robbery when he took the victim's purse by force. He also attempted to steal the women's necklace and ripped off her shirt in the process. The second case alleges that the defendant approached a women as she was puling into her driveway. As she exited her vehicle, he demanded her valuables. After turning over her property, the defendant fondled her and fled the scene. The third incident occurred in the area of SW 112th Avenue and SW 88th Street. The defendant approached another young female and held her at knife point. He again took the victim's property, fondled her and fled on foot.

Assuming the state attorney's office has sufficient evidence to proceed in the cases, the defendant is facing a significant prison sentence. Because he is 22 years-old, he can avail himself of the youthful offender statute prescribed by Florida law. The youthful offender statute provides that a defendant that is younger than 21 when sentence is imposed can take advantage of the statute. The court has the ability to deviate from the standard guidelines and can sentence a defendant to probation, community control or incarceration not to exceed 6 years. However, the court does not have the ability to sentence a defendant as a youthful offender if he or she is charged with a capital or life offense. For example, armed robbery is a 1st degree felony punishable up to life in prison while armed kidnapping is a life felony. A judge could sentence a defendant as a youthful offender to the former charge, but not the latter charge.

Another interesting provision of the youthful offender statute involves community control and probation violations. As stated earlier, a judge can sentence a defendant to probation or community control under the statute. In a typical case, a judge can sentence a defendant to a guideline sentence in the even the court finds a defendant violated the terms of his supervision. This applies to both technical and substantive violations. A technical violation consists of failing to report, failing to do community service hours, or failing to pay restitution. A substantive violation occurs when a defendant picks up a new misdemeanor or felony cases. In youth offender cases, the judge can sentence a defendant within the guidelines for a substantive violation, but can only sentence a defendant up to six years on a technical violation.

Police Arrest Man Who robbed and Fondled Women in West Kendall, The Miami Herald.com, June 29, 2010.

A defendant currently charged with attempted first degree murder of law enforcement officer appeared at a bond hearing before a circuit court judge in an effort to secure bail. Attempted first degree murder is a first degree felony punishable by life in prison. Under the law in the State of Florida, anyone charged with a first degree felony punishable by life in prison will initially be held without bail from the time of arrest. However, an experienced Miami criminal lawyer will set the case as soon as possible for an Arthur hearing. Depending on the strengths and weaknesses of the case, a prosecutor may agree or stipulate to the entry of a bond. If not, the prosecution must prove that defendant committed the crime before a judge with standard being proof evident, presumption great. If the burden is met, the judge will determine whether or not a defendant is a flight risk or a danger to the community in determining whether or not to set a bond.

Michael Robertson appeared for an Arthur hearing with his criminal defense lawyer before a circuit court judge. Evidence established that the defendant was initially pulled over by a Miami-Dade County RID (Robbery Intervention Detail) detective. Once the defendant stepped from his vehicle and while he was be patted down, he fled from the detective. The defendant allegedly entered an apartment building and dropped a 30 pound cinder block on the detective's head. The defendant then proceeded downstairs, kicked and beat the detective, eventually fleeing the scene in the detective's automobile. The detective suffered sever brain injuries, a fractured right arm, a collapsed lung and lacerated spleen.

A passerby allegedly identified the defendant as the man who committed the offense. Video surveillance also placed the defendant in the area where the crime was committed. While witnesses often make misidentifications and surveillance video can often be fuzzy, the lead detective testified that the Defendant's DNA was found on the driver's side visor. While DNA evidence is very compelling to judges and juries alike, the weight of that type of evidence will depend an the specific results of the testing. A 1 in 20 match is certainly less compelling when the results come back in the millions. According to the lawyer representing the defendant, a formal report has not been released from the Miami-Dade County State Attorney's Office regarding the DNA results.

Another piece of evidence brought out in the testimony was the fact that the defendant's fingerprint was found on the inside of the driver's side door. Fingerprints, like DNA evidence, are physical evidence that strongly bolster a prosecutor's case. Apparently, the evidence was substantial enough to allow the judge to find proof evident, presumption great and find that the defendant is a danger to the community, and thereby holding him without a bond. Once the reports are provided to his counsel, an explanation will have to be provided for the location of the DNA and the fingerprint to secure an acquittal in front of a jury. Experienced criminal lawyers will also seek to have their own experts evaluate the DNA and fingerprint evidence, because as well all know the crime lab specialist are employed by the police department. Being the prosecution will likely seek to put Robertson behind bar for many years, the evidence must be closely scrutinized before the case is presented to a jury.

No Bail in Cinder-Block Attack on Miami-Dade Detective, The Miami Hearld.com June 15, 2010.

A recent FBI report indicated that several South Florida counties saw declines in violent crimes in 2009. The violent crimes that were analyzed by the FBI included homicides, murders, sexual battery, rape, aggravated assault and battery, and robbery. Violent crimes involving these types of cases declined in both Broward and Miami-Dade Counties. Individual cities such as Fort Lauderdale, Hialeah, Hollywood and Miami all saw declines, as well. The same cities and counties saw decreases in property crimes like auto theft, burglary and grand theft. While violent crimes and some property crimes have declined, Miami criminal defense lawyers have seen increases in other types offense such as mortgage and Medicare fraud.

In Fort Lauderdale, violent crimes dropped 9% from 1,628 in 2008 to 1,481 in 2009. Murders and homicides dropped from 22 in 2008 to 13 in 2009. Sexual battery and rape cases declined from 73 to 56, while robbery cases declined from 848 to 685. In Miami, violent crimes decreased by 12.7% seeing 5,709 violent crimes in 2008 and 4,983 in 2009. Cases involving murders, robberies and aggravated assault saw declines across the board. Miami officials claimed the decreases were due to a great effort by the police along with the assistance from the community. The Miami Police Department is focusing on keeping their officers on the streets to effectuate a police presence that will hopefully continue to bring down the crime rate.

Another theory regarding the decreasing crime rate may have been the result of the implementation of enhanced sentencing for career criminal and crimes committed with firearms. Another reason for the reduction in violent crime in Miami could be the creation of the Repeat Offender Court (ROC). Career criminals face at least double the sentence that a non-career criminal would receive. There are various types of career criminal including habitual offenders, habitual violent offenders, violent career criminals (Gorts) and prison release re-offenders (PRRPs). For example, a person with no prior record and charged with strong arm robbery may be looking at probation. Because strong arm robbery is a second degree felony, a Gort or violent career criminal would be looking at 40 years with a 30 year minimum mandatory upon a conviction for the same offense.

Another reason violent crimes could be down is the threat of the 10/20/Life policy. Anyone committing a crime and using a firearm to commit the crime is subject to a 10 year minimum mandatory sentence. Anyone discharging a firearm during the commission of an offense is facing a 20 year minimum mandatory prison sentence. Any defendant convicted of a forcible felony and shoots another individual can be sentenced to life in prison. Other than being a deterrent anyone sentenced based on the enhancements will spend an extra-ordinally long time in prison and will not be on the streets committing violent crimes.

FBI: Violent Crimes Drops in Broward and Miami-Dade, The Miami Herald, May 25, 2010.

Every now and again a police officer commits a crimes which sheds light on what some law enforcement officers are capable of doing. This story of police misconduct boggles the mind. As a Miami criminal lawyer, it is cases like these that makes a client's version of events all the more credible. During consultations regarding criminal cases, clients sometimes give the most unbelievable stories. While sometimes the version of events seem preposterous, it is police officers like John Francisco Villar, that make defending client's rights our firms top priority. The Miami-Dade County State Attorney's Office is going to charge Villar for his involvement in a robbery that took place on the Palmetto Expressway.

On May 18, 2010, the police arrested Officer Villar, his cousin and man who makes his living running an online gambling website. The arrest warrant alleges that Leonardo Lastre owned and operated the website. The victim owed $131,000 from gambling winnings picked up the cash from Lastre. Soon after picking up the winnings, the defendant, along with his cousin, traveling in an unmarked police vehicle stopped the victim on the Palmetto. The defendant was wearing plain clothes, a badge, and a bulletproof vest. Villar's co-defendant was also present wearing a bullet proof vest and a stun gun. The second co-defendant was later identified as Villar's cousin, Fausto Villar.

Villar allegedly pulled the victim over, asked for his driver's license and whether there was any contraband in the vehicle. Villar specifically asked about the contents of the bag containing the money. Fausto took the bag, and John told the victim to wait for a narcotics K-9 to arrive to conduct a cocaine trafficking investigation. The defendants fled the scene in the unmarked police vehicle, only to be pulled over by a highway patrol officer. Prior to being pulled over, Fausto fled the vehicle with the money. The victim was able to identify both defendants. The police officer was from the Northside Department and has been relieved of duty with pay. Lastre was linked to the robbery through telephone records. He even appeared at the scene of the robbery telling the victim that was sorry for what had happened.

The Villar brothers and Lastre were arrested for armed robbery, armed burglary, and conspiracy to commit armed burglary. Fausto was also charged with impersonating a law enforcement officer. All three defendants appeared at their bond hearing. Despite arguments from their criminal lawyers, the bond hearing judge held them without bond. Armed robbery, armed burglary and burglary with an assault and/or battery are offenses that are punishable up to life in prison. As such, defendants are held without a bond, unless the prosecution agrees to a bond or the defendant's appear at an Arthur hearing and the judge sets a bond. Based on the severity of the charges and the media attention focused on the case, the prosecution is unlikely to grant a request for bond. The Villars have no prior criminal record, so the right judge might release them on a high bond and house arrest with a monitor or bracelet.

Despite the fact that Laster was not present at the time of the robbery, he is being charged as a conspirator and principle to the offenses. A principle need not be present when the crime is committed or attempted, but only that the defendant have the conscious intent that the crime be committed and made or promised payment in exchange for committing the offense. It is likely he would receive the most lenient sentence as he was not involved at the scene of the crime.

Miami-Dade Cop Charge in $131,000 Gambling Rip-off, The Miami Herald, May 19, 2010.

A jury trial is set to begin this week on a 1992 murder and aggravated child abuse case. Back in 1992, a local woman was tried and convicted for the fatal beating of her three year-old son. Anna Maria Cardona was accused of beating her child to death with a baseball bat. After she was convicted, she was sentenced to the death penalty. First degree murder is a capital offense with is punishable by the death penalty or life in prison. Aggravated child abuse is a second degree felony punishable up to 15 years in prison. After her conviction, the public defender's office filed an appeal with the 3rd District Court of Appeal. The appellate criminal lawyer representing Cardona eventually appeared before the Supreme Court of Florida.

The post-conviction relief attorney argued that prosecutors from the Miami-Dade County State Attorney's Office withheld intentionally or inadvertently exculpatory evidence ("Brady Material") that would have been favorable to the defendant in trial. The Supreme Court ruled that prosecutors should have revealed to her defense attorney interviews that were conducted by law enforcement of the main witness for the State of Florida. The pre-trial statements provided by the witness apparently contradicted the her testimony at trial.

The case garnered a lot of attention and the victim was dubbed "Baby Lollipops" because of the design on his T-shirt when he was discovered. The crime gathered media attention due to the age of the child and the heinous nature of the crime. The 3 year-old child was found in the bushes on Miami Beach. The scarred body was discovered by a passerby. The medical examiner testified that the victim died as a result of blunt trauma to the head. The medical examiner also discovered bite marks on the body and other indications that the child had been tortured.

Along with Cardona, the State of Florida also charged Olivia Gonzalez-Mendoza with first degree murder and aggravated child abuse. In order to avoid a possible death sentence, Gonzalez-Mendoza entered a guilty plea to second degree murder and aggravated child abuse. In exchange for her testimony, she received a 40 year prison sentence and avoided a death sentence. She eventually served 15 years of the 40 year sentence and was released from state prison on January 1, 2008.

First degree murder is a capital offense. A capital offense simply means that the case carries either an automatic life sentence or death sentence in the event of a conviction. Capital cases according to law must be bifurcated. The first part of the case is used to determine the guilt or innocence of the defendant. If the jury convicts a defendant, the case moves on to the sentencing phase. The same jury that heard the evidentiary portion of the case will be summoned for the sentencing phase. If the original jury cannot be gathered, the trial judge can summon a new jury for the sentencing phase. After evidence is presented at the hearing, the jury must determine whether (1) sufficient aggravating factors exist as codified under the sentencing guidelines, (2) whether sufficient mitigating factors outweigh aggravating circumstances, and (3) based on those considerations, determine whether a life sentence of the death penalty is granted. Of course, the decision made by the court and the jury can be appealed to higher courts in the State of Florida.

Jury Selection Tuesday In "Baby Lollipops" Re-trial, CBS4.com, May 11, 2010.

Prosecutors from the Miami-Dade County State Attorney's Office officially dropped charges against a female police officer charged with aggravated assault with a firearm. The arrest affidavit alleged that reserve Homestead Police Officer Jenna Maldonado pointed her firearm and verbally threatened her boyfriend at a Super Bowl party. As a result of the incident, Maldonado was terminated from the police department. The Miami criminal lawyer representing the defendant was able to secure a no action for his client. The outcome did not save her job, but prevented her from becoming a felon and possibly spending time behind bars.

The defendant's boyfriend filed a complaint with the Homestead Police Department. The department conducted an investigation and arrested the defendant on February 23, 2010. The arrest affidavit alleged one count of aggravated assault with a firearm. The charge is a third degree felony; however, the charge also carries a three year mandatory prison sentence. Typically, after an arrest is made, a copy of the arrest affidavit is sent to the state attorney's office to undergo the pre-filing process. In ordinary cases, the arrest affidavit is sent to the felony screening division and assigned to one of the prosecutors in the division. On the reverse side of the affidavit is a list of witnesses and addresses. The felony screening attorney uses this information to subpoena the witnesses to the office in order to take their sworn testimony. Once the screening attorney has reviewed the evidence, talked to the police officers and civilians involved, they have four options. First, the prosecutor can file the charges that were listed on the arrest affidavit. Secondly, the prosecutor can increase the charges. Third, the prosecutor can bind down the charges to a misdemeanor in which event the case will be heard in county court. Fourth, the prosecutor can find insufficient evidence and decide to no action or not file the charges.

Not all cases go to the felony screening unit. More severe charges are sent directly to the circuit court division prosecutor who will be handling the case in circuit court. Some cases go to specialized units depending on the charges or the person who was arrested. Serious drug trafficking cases, such as, large scale cocaine trafficking, marijuana trafficking or oxycodone trafficking cases will be sent to the narcotics division for screening. Cases involving public officials, such as police officers, will be screened by the Public Corruption Division. Sometimes defendants are bettered served if their cases go directly to the division or to specialized units. The prosecutors tend to be more experienced and use a discerning eye when evaluating cases.

Experienced Miami criminal defense lawyers sometimes have the ability to secure no actions for their clients depending on the facts and circumstances of each case. Many times there are defenses to charges that the prosecution may not be aware exist. The defenses can arise from video surveillance tapes or independent witnesses that can recount the events. If an effective attorney can convince the prosecutor that a client acted in self-defense or was not present at the time of the offense, a no action can be secured. The benefit of a no action is that the criminal process which is sometimes protracted will come to end generally between thirty and forty days. Another benefit is that the no action will allow the client to go through the expungement process and have the case removed from public record.

Gun Charge Dropped Against Fired Homestead Police Officer, South Florida Times.com, March 19, 2010.

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.