Criminal Lawyer Ft. Lauderdale


Criminal Defense Lawyer Ft Lauderdale, Your Criminal Defense Lawyer Covering Broward County Florida, Fort Lauderdale, Hollywood, and Pompano Beach.


Juvenile Defense Lawyer in Ft Lauderdale


A Ft Lauderdale Juvenile criminal conviction can have a lasting effect on your child’s life. Call Juvenile Defense Lawyer Network Broward County for an Experienced Juvenile Defense Lawyer Today. Your child’s future is at stake. [Read More]

Criminal Defense Lawyer Network


Criminal Lawyers of Fort Lauderdale, our Criminal Defense Lawyers bring over a century of legal experience to the Criminal court room. They have been defending Floridians accused of crimes for many years. [Read More]


Criminal Appeals Lawyer Network


What is a Criminal Appeal Call Fort Lauderdale Criminal Appellate, Appeals Lawyer Network for A Broward County Criminal Appeals lawyer today. Make your criminal appeal, get the court to reconsider your verdict. [Read More]

Expungement of Criminal Records in Florida


Criminal Record Expungement Lawyer Network will help you find a way to clean your arrest record through record expungement or record sealing. Clean Your Records! Call Criminal Record expungement Lawyers now. [Read More]


DUI Lawyers in Ft Lauderdale


While a Ft Lauderdale DUI lawyer cannot always guarantee your charges will be dropped, he or she can provide essential legal counsel and help you take the best course of action depending on your specific circumstances. [Read More]

Posts Tagged ‘criminal defense lawyer Fort Lauderdale’

Fort Lauderdale Criminal Arrests

Written by lisaspitzer on . Posted in Criminal lawyer in Ft Lauderdale, Fort Lauderdale Criminal Lawyer Blog

Arrested In Ft Lauderdale?

Fort Lauderdale Criminal Lawyers  Available Now

Criminal Defense On Call Attorney 24 hrs

Guy Seligman and his criminal defense legal team have handled hundreds of arrests in Fort Lauderdale.
320 SE 9th St, Fort Lauderdale, FL 33316 954 760-7600

Get Help With

  • Vehicular Homicide charges
  • fleeing or eluding
  • Drunk Driving charges
  • DUI-related accidents
  • DUI- related battery Leo
  • white collar crimes
  • Juvenile  Criminal Defense
  • sex, child pornography charges
  • prostitution
  • insurance fraud
  • criminal immigration matters
  • Robbery
  • Federal Wire Fraud Charges
  • Juvenile Gang Crimes
  • Trespassing
  • illegal firearms
  • Insurance Fraud
  • Federal Drug Trafficking charges
  • DUI First Offenders
  • PAIN CENTERS  SCRIPTS
  • pharmacists illegal script charges
  • License suspensions
  • juvenile arrests
  • DWL DUI BUI
  • Domestic Violence Charges
  • all major federal crimes
  • Trucker commercial driver license defense
  • dispensing,Pain centers oxycodone ,Pain: Vicodin, Valium, Percocet, Cymbalta,
  • Criminal Felony Charges
  • Criminal Misdemeanor Charges
  • DUI Defense
  • Federal and State Criminal Charges
  • Vehicular Homicide
  • Homicide charges
  • Possession of an illegal substance
  • Domestic Battery
  • Real Estate Fraud
  • Bond Reduction
  • Parole and Probation Violations
  • Leaving the Scene of an Accident
  • Search and Seizure, Forfeiture
  • Theft
  • Sex Offenses
  • Drug Charges
  • Fraud
  • Prostitution
  • Smuggling
  • professional license defense
  • Federal Medicare fraud
  • Federal and international criminal defense
  • Bond hearings

 

Fort Lauderdale Criminal Defense Lawyers

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

Get A Fort Lauderdale Criminal Defense Lawyer At Fort Lauderdale Criminal Lawyer Network

Our experienced criminal lawyers  the criminally accused in Fort Lauderdale, Pompano Beach, Hollywood, Hallandale, Deerfield Beach and thru-out the Greater Fort Lauderdale area and nearby Boca Raton and North Miami.

Criminal defense lawyers assist Families and assisting who have had a loved one arrested or accused of a crime.

Our criminal lawyers have  successfully represented thousands of criminal defendants in South Florida for over 3 decades.Many are former Broward County trial prosecutor and have a track record of getting the best outcomes for clients for criminal charges, including murder, drug cases, juvenile cases, white collar crimes, sex crimes, and federal crimes.

If you have been accused of a crime, call today to speak with a highly qualified  Fort Lauderdale criminal attorney.

6750 N Andrews Ave
Fort Lauderdale, FL

Fort Lauderdale License Suspension Lawyer

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

Fort Lauderdale Suspended LIcense, license reinstatement lawers are ready to help you get your license back.

Our experienced team of suspended license, license reinstatement lawyers can help you get your driving priviledges back.

Driving with a suspended license or a revoked licensecan mean jail time. If you were caught driving with a suspended license, there can be very serious consequences.

Our team of experienced  Florida crimnal lawyers can help you if your license was supended for

    Failure to pay a traffic citation
    Failure to appear in court
    Driving Under the Influence
    Habitual Traffic Offender (HTO) revocation
    Conviction for Possession of Controlled Substance (Marijuana/Cocaine)
    Financial Responsibility Suspensions (Lapse of Insurance)
    Failure to Pay Child Support
    Failure to meet Out-of-State obligations
    Excessive points on your driving record
    Failure of or Refusal to take a Breath Exam

  Our Fort Lauderdale lawyers have the experience and dedication that is necessary to secure favorable outcomes. 

Ft Lauderdale Drug Trafficking, Ft Lauderdale Criminal Lawyer

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

Ft Lauderdale Criminal Lawyer Network has experienced drug trafficking lawyers for the defense of any drug traffcking charges.

Florida is the only state in America with drug trafficking laws that don’t require prosecutors to prove a defendant actually knew they were trafficking drugs, but all that could change in the wake of a ruling by a federal judge in Orlando last month.

Calling the Florida Drug Abuse Prevention and Control Act “draconian,” U.S. District Court Judge Mary Scriven found the law “is unconstitutional on its face” because it imposes severe penalties without requiring evidence the defendant knew they were trafficking drugs.Florida Drug Trafficking Statute
893.135 Trafficking; Mandatory Sentences; Suspension or Reduction of Sentences; Conspiracy to Engage in Trafficking

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as "trafficking in cannabis," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:

1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.

2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.

3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a "cannabis plant" if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a "cannabis plant" or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as "trafficking in cocaine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:

a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or

b. The person's conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

3. Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:

a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or

b. The person's conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

3. Any person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of any person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(d)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine or of any mixture containing phencyclidine, as described in s. 893.03(2)(b), commits a felony of the first degree, which felony shall be known as "trafficking in phencyclidine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who knowingly brings into this state 800 grams or more of phencyclidine or of any mixture containing phencyclidine, as described in s. 893.03(2)(b), and who knows that the probable result of such importation would be the death of any person commits capital importation of phencyclidine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(e)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), commits a felony of the first degree, which felony shall be known as "trafficking in methaqualone," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who knowingly brings into this state 50 kilograms or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), and who knows that the probable result of such importation would be the death of any person commits capital importation of methaqualone, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(f)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as "trafficking in amphetamine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(g)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits a felony of the first degree, which felony shall be known as "trafficking in flunitrazepam," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:

a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or

b. The person's conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(h)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree, which felony shall be known as "trafficking in gamma-hydroxybutyric acid (GHB)," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(i)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), commits a felony of the first degree, which felony shall be known as "trafficking in gamma-butyrolactone (GBL)," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who knowingly manufactures or brings into the state 150 kilograms or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-butyrolactone (GBL), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(j)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of 1,4-Butanediol as described in s. 893.03(1)(d), or of any mixture containing 1,4-Butanediol, commits a felony of the first degree, which felony shall be known as "trafficking in 1,4-Butanediol," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.

2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of 1,4-Butanediol as described in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of 1,4-Butanediol, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(k)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of any of the following substances described in s. 893.03(1)(a) or (c):

a. 3,4-Methylenedioxymethamphetamine (MDMA);

b. 4-Bromo-2,5-dimethoxyamphetamine;

c. 4-Bromo-2,5-dimethoxyphenethylamine;

d. 2,5-Dimethoxyamphetamine;

e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);

f. N-ethylamphetamine;

g. N-Hydroxy-3,4-methylenedioxyamphetamine;

h. 5-Methoxy-3,4-methylenedioxyamphetamine;

i. 4-methoxyamphetamine;

j. 4-methoxymethamphetamine;

k. 4-Methyl-2,5-dimethoxyamphetamine;

l. 3,4-Methylenedioxy-N-ethylamphetamine;

m. 3,4-Methylenedioxyamphetamine;

n. N,N-dimethylamphetamine; or

o. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., commits a felony of the first degree, which felony shall be known as "trafficking in Phenethylamines," punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the quantity involved:

a. Is 10 grams or more but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

3. Any person who knowingly manufactures or brings into this state 30 kilograms or more of any of the following substances described in s. 893.03(1)(a) or (c):

a. 3,4-Methylenedioxymethamphetamine (MDMA);

b. 4-Bromo-2,5-dimethoxyamphetamine;

c. 4-Bromo-2,5-dimethoxyphenethylamine;

d. 2,5-Dimethoxyamphetamine;

e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);

f. N-ethylamphetamine;

g. N-Hydroxy-3,4-methylenedioxyamphetamine;

h. 5-Methoxy-3,4-methylenedioxyamphetamine;

i. 4-methoxyamphetamine;

j. 4-methoxymethamphetamine;

k. 4-Methyl-2,5-dimethoxyamphetamine;

l. 3,4-Methylenedioxy-N-ethylamphetamine;

m. 3,4-Methylenedioxyamphetamine;

n. N,N-dimethylamphetamine; or

o. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of Phenethylamines, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(l)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as "trafficking in lysergic acid diethylamide (LSD)," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 7 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.

2. Any person who knowingly manufactures or brings into this state 7 grams or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture containing lysergic acid diethylamide (LSD), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(2) A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.

(3) Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment.

(4) The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, co-conspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.

(5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).

(6) A mixture, as defined in s. 893.02(14), containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a pill or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture.

(7) For the purpose of further clarifying legislative intent, the Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (Fla. 1999) does not correctly construe legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.
775.087 Possession or Use of Weapon; Aggravated Battery; Felony Reclassification; Minimum Sentence

(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:

(a) In the case of a felony of the first degree, to a life felony.

(b) In the case of a felony of the second degree, to a felony of the first degree.

(c) In the case of a felony of the third degree, to a felony of the second degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(2)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated assault;

g. Aggravated battery;

h. Kidnapping;

i. Escape;

j. Aircraft piracy;

k. Aggravated child abuse;

l. Aggravated abuse of an elderly person or disabled adult;

m. Unlawful throwing, placing, or discharging of a destructive device or bomb;

n. Carjacking;

o. Home-invasion robbery;

p. Aggravated stalking;

q. trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or

r. Possession of a firearm by a felon

and during the commission of the offense, such person actually possessed a "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for aggravated assault, possession of a firearm by a felon, or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a "firearm" or "destructive device" during the commission of the offense.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.

3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.

(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.

(d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.

(3)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:

a. Murder;

b. Sexual battery;

c. Robbery;

d. Burglary;

e. Arson;

f. Aggravated assault;

g. Aggravated battery;

h. Kidnapping;

i. Escape;

j. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;

k. Aircraft piracy;

l. Aggravated child abuse;

m. Aggravated abuse of an elderly person or disabled adult;

n. Unlawful throwing, placing, or discharging of a destructive device or bomb;

o. Carjacking;

p. Home-invasion robbery;

q. Aggravated stalking; or

r. trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1);

and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years.

If you're subjected to any of the penalties under Florida drug trafficking statute, contact a Criminal Defense Lawyer Fort Lauderdale experienced drug trafficking  attorney with your Ft Lauderdale drug defense.

 

Criminal Defense for Health Care Professionals, Professional License Defense

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

If you are a physician, CNA, Nurse or any health care provider being accused of a crime or DUI in Fort Lauderdale, Broward County this can be a life changing experience. Everything you built and your entire career may be at risk. That Mug shot is forever. You must be able to stop the State Attorney from pressing charges fast. Medicare fraud is a federal offense. You will be facing serious prison time, your reputation ruined and your license to practice potentially revoked. This is serious and requires serious intervention. You will need a lawyer experienced in professional license defense.

Our Criminal Defense Team for Professionals provides an aggressive defense fo medical and other licensed professionals accused of a crime, facing  administrative license hearings, professional license charges  and Drunk driving charges.

Our network of criminal lawyers and professional license defense attorneys have represented physicians, dentists, podiatrists, chiropractors, pharmacists, nurses, cna's, home health care  administrators, psychiatrists, pain centers, psychologists and all medical professionals.

As a professional arrested for DUI you will be facing a  Judge that will not be happy to see   a medical professional appearing in his courtroom. Florida Judges are tough on professionals "who should have known better " and have patient lives in their hands on a daily basis.

When a licensed professional is accused of breaking the law or accused of a serious breach of ethics, there can be criminal charges, administrative sanctions or both. This is your career on the line. Perhaps you took a risk and became greedy. Investigations at the federal level are severe. The press is usually involved. Remeber this is a great win for a State attorney trying to make a name for himself. You will need an experienced attorney with a track record in defending just these types of crimes.

The co-owner of four South Florida pain clinics responsible for illegally distributing some 20 million pain pills was slapped with a prison sentence of more than 15 years. Robert Meek, 36, an osteopathic physician from Davie, was sentenced to 5½ years in prison by U.S. District Judge Kenneth Marra. Dr. Michael Aruta, 48, of Boca Raton, was also sentenced to six years, and Dr. Patrick Graham, 64, of Boca Raton, was sentenced to four years.

These Doctors are never going to be able to practice again. If you are a professional accused of a crime in Broward County Florida  call our Fort Lauderdale criminal defense team today.

 

Criminal Lawyer Network Ft. Lauderdale

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

Broward Juvenile Attorney

Criminal Defense Lawyer Ft Lauderdale, Your Criminal Defense Lawyer Network

Contact us at 1 800 733-5342

Our Offices are located at:

thru-out Broward County Florida
Fort Lauderdale, Hollywood, Pompano Beach
If you have been arrested and need a lawyer you have come to the right place. Our lawyers are carefully screened for their specific expertise in the different aspects of criminal law. You will be matched with alwyer with experience in you specific criminal arrest related problem.
Your choosenCriminal Lawyer has in depth knowledge of criminal law.  Criminal lawyers deal with criminal offenses, which are usually established by Congress or state legislatures. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. it is the job of a criminal lawyer to know and understand these aspects of criminal law and use them to provide a defense for you. The main purpose of the criminal law is to set forth the punishment for criminal offenses. The main purpose of a criminal lawyer is to defend your rights against proof any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. A criminal lawyer will use all his skills, if you have found a good one, to get you the best situation for you specific charge.  Many things must be taken into consideration including the County of the arrest and the general attitude of the state attorney, local sheriff and judge regarding your specific charge.
In Broward County, Ft Lauderdale :

Individuals who have been placed under arrest are first transported to Broward Sheriff's Office Central Intake Unit, which is located at the Main Jail in downtown Ft. Lauderdale. Upon arrival, they must complete the following steps:

  • Property Intake
  • Medical Screening
  • Fingerprinting
  • Photographing
  • Warrants Check

While the staff at Central Intake is dedicated to ensuring the prompt processing and release of eligible arrestees, the amount of time required to complete this process may be affected by the volume of arrestees being processed simultaneously and/or the availability of information from state and national databases.

At this point it would be in your best interest to contact a criminal lawyer.

Appearance in Magistrate Court

Arrestees who are not bonded out of jail appear before a magistrate judge the day following the arrest (including Saturdays and Sundays). Proceedings usually begin at 8 a.m., however this depends upon the presiding judge. The judge will inform the arrestee of the charge(s) and, if appropriate, will set a bond amount.

In misdemeanor cases, the judge may accept a guilty plea and release the arrestee on his or her own recognizance or for time-served.

Magistrate proceedings may be viewed on the monitor located in the lobby of BSO's Main Jail.

Now it is time to hire a Ft Lauderdale  Criminal lawyer

f you are facing charges in Fort Lauderdale, a criminal defense attorney can help advise you through the legal process and represent you in court. You need to make sure you have an experienced, expert criminal defense lawyer on your side to help you get results. Call Criminal lawyer network , ft Lauderdale.

When you are being charged with a crime, it is unwise to represent yourself. You need an experienced professional whom can guide you through the process and fight on your behalf. And of course you can always get a court appointed lawyer for free, but a hired lawyer is almost always yiur best bet.  Contact criminal lawyer Network Ft Lauderdale today

 

Ft Lauderdale Florida Criminal Appeals lawyers

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

You Have just been sentenced for a in Florida  crime. You feel this sentence is not justified. You hope the criminal appeals process will work on your behalf. However, there are very specific rules in Florida.  If you are hoping to win a criminal  appeal in Florida,  You must have an experienced  criminal appellate lawyer on your side. The criminal appeals process has very intricate details. You will need  a good, experienced  criminal appellate lawyer.

The Attorney General is the chief legal officer for the State of Florida and represents and defends the prosecution in all criminal appeals in state and federal courts.

The first question is, What exactly is an appeal ?

When you were sentenced you were told in court by the Judge that

"You have thirty days from the date of this judgment and sentence to file

an appeal."

Procedure 9.140 is the law that describes  the proceedings for appeals within the State of Florida. appellate court will  decide whether or not there was an error within the original trial court proceeding.

What is meant by the term "Trial Court Error" ?

What is trial court "error"?

Trial court "error"  means that an error was made by the judge at some point during the proceeding. The Judge made a ruling that goes against state or federal law. Your attorney will rake over your case with a fine tooth comb and review every paer of the proceeding in search of an error.

What kind of error can be found?

Examples of issues raised alleging trial court error:

  •  The judge issued a search warrant to seize evidence from your property or person without probable cause to do so.
  • Your attorney filed a motion to suppress evidence seized contrary to law, and the trial court denied the motion.
  •  During your trial, your attorney requested to excuse certain jurors, and despite the jurors' pronounced prejudices against you, the trial court denied the request.
  •  The judge permitted the State to introduce evidence during your trial that the Florida Rules of Evidence prohibit.
  • The State introduced insufficient evidence of your guilt to proceed to a verdict, and thus, the trial court erred by not granting the motion for judgment of acquittal.
  •  The trial court erroneously instructed the jury on the applicable law, or the trial court failed to instruct the jury on a requested instruction such as self-defense.
  •  The actual sentence violates Florida law by exceeding the statutory maximum, or you received a sentencing enhancement such as Habitual Felony Offender or Prison Release Re-Offender, and the evidence did not support the enhancement.

Florida Criminal Appeals

If a criminal defendant is convicted of the charges brought, he or she has specific rights to an appeal of said conviction in accordance with Florida law. The state also has the right to appeal in certain situations, including appealing an order of dismissal or an order for a new trial, among other issues.

POST-CONVICTION MOTIONS (3.850 and 3.800)

After a conviction is “final” there is still a way to challenge a conviction.

A motion for post-conviction relief, known in Florida as a “3.850” or “3850” motion, may be filed in the trial court (where the conviction came from). Under Florida Rule of Criminal Procedure 3.850, a motion may be made attacking “collateral” matters, which are issues that were not evident in the actual record. In other words, issues that are “collateral” to what happened in court. The most common grounds for a 3.850 motion are the ineffective assistance of counsel ,newly discovered evidence, DNA testing, and the legality of the sentence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What is trial court "error"?

 

Trial court "error" generally means that at some point during the pre-trial, trial or sentencing proceedings, a judge made a ruling contrary to State or Federal law. Determining whether a trial court committed some error during your case, begins by conducting a full analysis of the proceedings that occurred from the time action was taken to charge you with a criminal offense, through the trial or plea stages and up to sentencing. Although it is impossible for any attorney to suggest to you what appellate issues, if any, are relevant to your specific case, it is often helpful to look at common examples of trial court error.

 

 

Examples of issues raised alleging trial court error:

 

1. The judge issued a search warrant to seize evidence from your property or person without probable cause to do so.

2. Your attorney filed a motion to suppress evidence seized contrary to law, and the trial court denied the motion.

3. During your trial, your attorney requested to excuse certain jurors, and despite the jurors' pronounced prejudices against you, the trial court denied the request.

4. The judge permitted the State to introduce evidence during your trial that the Florida Rules of Evidence prohibit.

5. The State introduced insufficient evidence of your guilt to proceed to a verdict, and thus, the trial court erred by not granting the motion for judgment of acquittal.

6. The trial court erroneously instructed the jury on the applicable law, or the trial court failed to instruct the jury on a requested instruction such as self-defense.

7. The actual sentence violates Florida law by exceeding the statutory maximum, or you received a sentencing enhancement such as Habitual Felony Offender or Prison Release Re-Offender, and the evidence did not support the enhancement.

Criminal Defense lawyer Fort Lauderdale Discusses Broward Jail System

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

Broward County  Florida which consists of the major cities of Ft Lauderdale, Coral Springs, Pompano Beach , and Hollywood has the 12th largest jail system in the United States. When you have been arrested that is an interesting concept to consider. It basically means they have room for you and that they have a police force ready to arrest. If Arrested, get a Criminal Defense Lawyer, Fort Lauderdale

What happens to a you when they are arrested in Broward County and brought to jail?

If you are  arrested in Broward County  you will first go to the local Police Department so the Arresting Officer can complete his paperwork. While at the Police Station,  you will be will be held in a holding cell, awaiting a transporter to take you to the Broward County Sheriff Station, BSO. This is Broward Counties Main Jail.

The Broward Sheriff's Office  the second largest jail system  to have earned national accreditation from the Commission on Accreditation for Corrections. The Department of Detention and Community Control oversees all jail facility operations and community-based offender programs within Broward County. This is also quite significant.

The most common cause of arrest in Broward County is for DUI ,Driving Under the Influence and DWLS  or Driving While License Suspended. Common penalties include:

  • Loss or suspension of license
  • Large fines
  • Substance-abuse treatment
  • Jail or prison time
  • Community service
  • Restitution
  • Criminal record
  • Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

The Broward county Sheriff is on the look out for Drunk Drivers. With a large jail system there is not need to worry about enough room for you or your  drinking partners

Department of Detention is a Huge System

Annually, approximately 63,220 inmates crossing every ethnic, age and socioeconomic group are booked into BSO's jail for crimes ranging from civil infractions to murder. The average daily population at all jail facilities, including work release inmates, exceeds 4,600 and is expected to rise each year. The department's Transportation Bureau moves nearly 180,000 inmates annually between facilities, to and from court appointments, and to and from state prison. Many inmates arrive with drug or alcohol addictions, mental health problems, or both, requiring BSO to administer a range of medical and rehabilitative programs. These numbers are quite large when you consider the actual size of Broward county.  The message is clear. You do not want to get arrested in Broward county Fort Lauderdale Florida

There are  four jail facilities in Broward county:

  • Main Jail Bureau also home to Central Intake (Inmate Booking)
  • Joseph V. Conte Facility
  • North Broward Bureau
  • Paul Rein Detention Facility

There are special units like the Emergency Response Team and Security Threat Group whose main role is to assist detention , jail  facility staff in maintaining a secure and productive environment for inmates and facility personnel.

BSO puts non-violent criminals to work in its inmate work program, which saves Broward County taxpayers more than $1.2 million annually in labor costs related to neighborhood and community-wide improvement projects. Just think , How many inmates are there to help with these programs ?  Do you want to be one of them ? Get yourself an experienced Criminal Defense lawyer, Fort Lauderdale.

The key is an experienced Broward County, Fort Lauderdale criminal defense lawyer  who has been in Broward county long enough to know the system. Call Criminal defense Lawyer Fort Lauderdale today.

Criminal and DUI Defense for Pilots, Captains , Professionals

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

If you are a professional accused of a crime your professional license may be at stake. You will need quick aggressive criminal defense and a followup keeping your record clean.

Criminal Defense For Pilots

The FARs defines Fitness For Flight, in regard to Alcohol, as follows: Pilots are prohibited from performing crew member duties within 8 hours after drinking any alcoholic beverage or while under the influence of alcohol. 8-1-1(3)(D)(2) also states that, "however, due to the slow destruction of alcohol, a pilot may still be under the influence 8 hours after drinking a moderate amount of alcohol. Therefore, an excellent rule is to allow at least 12 to 24 hours between 'bottle to throttle,' depending on the amount of alcohol beverage consumed." What can be be gleaned from this, is that 8 hours is the statutory minimum time to wait; however, it is obvious that anything less than 12 and perhaps 24 under certain circumstances may be frowned upon. In regard to Medication, (other drugs prescription or otherwise) the FARs are a little more vague. 8-1-1(3)(C)(2) states: "The FARs prohibit pilots from performing crewmember duties while using any medication that affects the faculties in any way contrary to safety." The regulation does not define an exact time from use of a medication before Operation.

Part 91.17 (a) No person may act or attempt to act as a crew member of a civil aircraft-

(1) Within 8 hours after the consumption of any alcoholic beverage;

(2) While under the influence of alcohol;

(3) While using any drug that affects the person's faculties in any way contrary to safety; or

(4) While having .04 percent by weight or more alcohol in the blood.

Based on this Regulation, it can be determined that a crew member not only must wait a minimum of 8 hours after consumption, but also must not operate with a Blood Alcohol level of .04 or more.

NOTE: Where the definition for Fitness For Flight, did not define exactly what "under the influence" means, Part 91.17(a) does define a Statutory limit in 91.19(a)(4) of less than .04. Remember though, that unlike the rules pertaining to the operation of a Motor vehicle, in which there is no set time period to wait before Operation after Consumption, this is not true for pilots. A pilot would be in violation even if he or she only tested .01, unless the 8 hour minimum time period requirement following consumption had lapsed.

Remember also that less than .04 is not necessarily defined as being below the "legal limit," as normally defined in laws pertaining to motor vehicles. Subsection (a)(2) prohibits operation "while under the influence." It is a separate paragraph within the regulation, and leaves plenty of room for argument on either side.

PASSENGERS: Part 91.17(b) must also be considered. Again, this is different from the rules pertaining to Motor Vehicles. "Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated, or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft." Basically, you can, and will be violated, for even taking a passenger flying who is under the influence. NOTE: No Legal limit is set either. If the passenger "appears" to be intoxicated, or acts in a way indicating that the individual is under the influence, an enforcement action could be instigated. MORAL OF THE RULE: Be careful who you choose to take flying, and be aware of that person's condition. How many times have you heard someone say: "Oh, I could do it if I had a couple of drinks first." Leave that person on the ground.

FAR 91.17 CHEMICAL TESTING: Here we find a section of the FARs very similar to the laws typically found pertaining to Motor Vehicles on Terra Firma. Part 91.17(c) states: "A crew member shall do the following: (1) On request of a law enforcement officer, submit to a test to indicate the percentage by weight of alcohol in the blood, when

(i) The law enforcement officer is authorized under state or local law to conduct the test or to have the test conducted; and

(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a(4) of this section."

91.17(c)(2) provides for a time limitation to submit to said test of 4 hours. This is far greater than the time period allowed to drivers of Motor vehicles, where in Missouri, for instance, Case law has defined the maximum time period a person can delay testing to 20 minutes. After this time, if the person requested to take the test attempts to delay testing, or refuses for any reason, they can be issued a Refusal suspension notice.

PENALTIES FOR REFUSAL: Part 61.16 "A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with 91.17(c) or (d) of this chapter, is grounds for:

(a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or

(b) Suspension or revocation of any certificate, rating, or authorization issued under this par

Florida DUI Laws are complicated. As a physicians, nurse, teacher, pilot, stock broker, banker, veterinarian, x-ray technicians, or other professional you are at risk of having a case which can potentially impact your license to practice in your profession. Individuals who hold positions of trust, such as police officers, fire fighters and commercial truck drivers will be presented with specific issues requiring special consideration and close attention. Criminal arrests are upsetting to everyone but can be particularly problematic for financial and securities professionals because of the possible employment and license consequences. Brokers, traders, bankers, financial advisers, and other financial professionals can have a serious problems on  hands. Pilots are prohibited from performing crew member duties within 8 hours after drinking any alcoholic beverage or while under the influence of alcohol.

You will need an experienced defense lawyer on your side. Call us. Time is of the essence

Get Your Criminal Record Expunged, Get a Job

Written by lisaspitzer on . Posted in Fort Lauderdale Criminal Lawyer Blog

 

Getting a job with a criminal charge on your record can be very difficult, as you most likely already know. Jobs for felons are difficult to get, and most companies wont hire a felon. The ones that do generally don't pay very well. I have  found a list of the top 10 jobs for felons. Helpful tip: if your felony is over 7 years old, most states don't allow background checks to go back that far. If your state has this law, you can answer 'no' on an application. First contact a criminal lawyer experienced in getting your record expunged. When all else fails try these jobs.

Top 10 List of jobs for people with a criminal record

#10 Job – UPS Delivery Driver

UPS has been known to hire felons. They have moderate salaries and is a good job to have.

#9 Job –You can always  Join the army

The army accepts people with criminal backgrounds, depending on the crime. Contact a recruiter to see if you qualify to join.

#8 Job – A Truck driver

Many trucking companies will  hire felons. Most likely you will need to obtain a trucking license.

#7 Job – Start your own business

You can start your own business. One idea is to go to school to be a locksmith, and start your own company. Also consider getting a barber license.

#6 Job – Telephone Customer Service

Many companies are willing to hire felons for over the phone customer service, because you aren't dealing with the people in person.

#5 Job – Temp Agency

Temp agencies can occasionally find good work for you. Many times it will be day labor, so be in good physical shape.

#4 Job – Family business

See if you can work in a family or friend's business. They will be happy to hire you if you are willing to work hard. They will probably be glad to help you get back on your feet

#3 Job – Independent Contractor

Many people will still use your services as long as you get the job done. If you work hard, it doesn't matter that you have a felony on your record.

#2 Job – Privately owned small businesses

Some chain businesses have rules against accepting felons. Small business owners are more likely to accept you. They will take more of a 'risk' in hiring employees, and you can be more personal with the business owner.

#1 Recommended Job – Online GPT Services

This is the best job for a felon, because it requires no screenings whether it be background checks, drug tests, etc. Everyone is accepted, and you work on your own time and you can work as much or as little as you want. Online 'GPT' or "Get-Paid-To" services offer a great way to make a few hundred dollars a month without spending a lot of time working. There are many GPT services available, some better then others. My experience with GPT services has been a great one, and I recommend this as the best job in my list of Top 10 Jobs for Felons.

One last thought

You can also try a job with a criminal defense law firm screening calls.

If you can get your record expunged then you have less worries. Contact Criminal Defense Lawyers of Fort Lauderdale and we will take a look at the charge and see if it is able to be removed.

The following is a list of 36 such crimes that appear on the Florida Department of Law Enforcement’s website:

  • Arson
  • Aggravated Assault
  • Aggravated Battery
  • Illegal use of explosives
  • Child abuse or Aggravated Child Abuse
  • Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
  • Aircraft piracy
  • Kidnapping
  • Homicide
  • Manslaughter
  • Sexual Battery
  • Robbery
  • Carjacking
  • Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
  • Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
  • Burglary of a dwelling
  • Stalking and Aggravated Stalking
  • An act of domestic violence
  • Home-invasion Robbery
  • An act of terrorism
  • Manufacturing certain controlled substances
  • Sexual misconduct with a developmentally-disabled person
  • Sexual misconduct with a mental-health patient
  • Luring or enticing a child
  • Sexual battery
  • Procuring a person under the age of 18 for prostitution
  • Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
  • Voyeurism
  • Scheme to defraud or organized fraud
  • Lewd or lascivious offense upon or in presence of elderly person or disabled person
  • Sexual performance by a child
  • Offenses by public officers and employees
  • Showing or selling obscene literature to a minor
  • Computer pornography
  • Selling or buying of minors
  • Trafficking in controlled substances

However, if you were just  arrested for one of these crimes or if you were charged with one of these crimes but charges were later dismissed we may still be able to help you. Call us today. A job may be waiting for you.

  • Criminal Lawyers In Fort Lauderdale: Fort Lauderdale Criminal Defense Lawyers Get a criminal lawyer if you have been arrested in Fort Lauderdale from Fort Lauderdale Criminal Defense Lawyer Network. Our lawyers have ove 25 years criminal defense experience with offices in t... [Read More]