Posted on July 07, 2015 in Criminal Defense

On June 18, 2015, the United States Supreme Court handed down its opinion in Ohio v. Clark, 13-1352 (June 18, 2015), holding that a trial court's admission of out-of-court statements that a three-year-old child made to his teacher did not violate the defendant's right to cross-examine the child regarding the statements according to the Sixth Amendment of the United States Constitution. Known as the Confrontation Clause, this principle outlines a number of rights for defendants in criminal proceedings, including the right to confront their accusers. This rule has many complexities, particularly when it comes to the admission of hearsay, which is an out-of-court statement offered for the truth of the matter asserted.

In a 2004 case, the United States Supreme Court clarified the scope of this rule, holding that a defendant had the right to cross-examine an individual regarding out-of-court statements when those statements are testimonial in nature. According to the court, a statement is "testimonial when the circumstances indicate that there is no ongoing emergency and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution."

Continue Reading ››

 Posted on June 24, 2015 in Civil Rights

In a recent opinion, the Florida Second District Court of Appeal discussed the implications of discriminatory practices during the jury selection phase in a criminal trial. In Florida, potential jury members and the parties to a case are entitled to be free from discrimination during the jury selection process. Despite this, an attorney may believe that his or her client will receive more sympathy from a particular race, ethnicity, gender, or another group.

During the jury selection process, an attorney has a limited number of "peremptory challenges" that allow the attorney to exclude a particular tentative jury member from serving on the jury without having to give a reason as to why the attorney does not want that person serving on the jury. When an attorney uses his or her peremptory challenge to excuse a potential juror based on race, ethnicity, or gender, the attorney violates the Equal Protection Clause, denies the parties their right to an impartial jury, and denies the potential juror his or her right to serve on a jury.

Continue Reading ››

 Posted on April 22, 2015 in Violent Crimes

On January 9, 2015, George Zimmerman was arrested in Lake Mary after his girlfriend alleged that Zimmerman threw a bottle of wine at her head. Although no one involved in the altercation contacted 911, police officers found out that the fight had occurred after performing a routine traffic stop on Zimmerman's girlfriend earlier that night. According to the officer's statement, Zimmerman's girlfriend stated she was just involved in a domestic altercation with George Zimmerman.

During the arraignment, the judge set Zimmerman's bond at $5,000, which Zimmerman paid that same day. Although Zimmerman's girlfriend made no allegations that a firearm had been used during the altercation, the judge ordered Zimmerman to give any firearms that he owned to a family member or friend within a few days.

Roughly 21 states in the country use a mandatory arrest policy for cases when reasonable suspicion or probable cause of specific instances of domestic violence is present. Many of these laws also take into account the current relationship between the parties. For example, Louisiana imposes a mandatory arrest requirement when the parties involved are current/former spouses, current/former cohabitants, or related through marriage or blood. Parties who have a child in common or who are in a dating relationship are not subject to the mandatory arrest law, provided none of the other categories apply. Had Zimmerman been located in one of these 21 states, the police would likely have arrested Zimmerman.

Continue Reading ››

 Posted on April 08, 2015 in DUI

As of April 1, police officers in West Palm Beach, Florida have begun wearing body cameras. The new measure was implemented in order to dispel negative public opinions about police practices and procedures. The cameras consist of tiny cylinders that can be clipped onto collars, hats, or sunglasses. Each camera is approximately three inches long and weighs only three ounces. The West Palm Beach Police Department began training its officers on how to use the devices on Wednesday, April 1, 2015, making the agency one of the first in South Florida to implement recording technology.

Other regions of the United States are also turning to cameras to help improve public perception of police activities. Additionally, President Barack Obama has proposed $75 million in funding for programs to assist police departments in purchasing cameras with the hope of improving police-community relations. West Palm Beach has allocated roughly $200,000 in city funding to purchase the cameras and has set future funding for the program at an additional $615,000. So far, 50 cameras have been implemented with the ultimate goal of 250 cameras in use by 2016.

Continue Reading ››

 Posted on December 29, 2014 in Theft

Retail theft is always a concern among department stores and perhaps even more so around Christmas time when the stores are crowded and thieves see even more opportunities. Most stores now affix anti-theft devices to sale items or scanners at exits along with undercover shoppers to observe and either detain or report to police those suspected of shoplifting.

Theft at department stores continues regardless of the measures taken by managers. In a recent incident in Miami, a man and his female accomplice were arrested for the alleged theft of an $1800 handbag from a T.J. Maxx store.

The defendant, 34-year old Kyle Fuller of Lake Worth, was apparently seen cutting off the anti-theft device and then cramming the expensive handbag into his sweat pants before leaving the store without paying. Mr. Fuller also had a female companion who drove Mr. Fuller from the store. Both were later arrested at an Office Max that same day. A search of Mr. Fuller's clothing found a wire cutter and aluminum foil, tools typically used by retail thieves to thwart anti-theft measures.

Continue Reading ››

 Posted on December 18, 2014 in Violent Crimes

It is usually sensational news when a celebrity is accused of or charged with a crime. It is somewhat less so but still a matter of media and public scrutiny when an attorney is accused of a criminal offense, especially one in which the lawyer has made his or her reputation as a criminal defense lawyer. Lawyers are as fallible as everyone else, but media attention was focused recently when criminal defense attorney William Abramson of West Palm Beach was arrested on a domestic violence charge made by his girlfriend.

According to news reports, police responded to a neighbor's call regarding a disturbance at Abramson's apartment and found the attorney yelling outside in the parking lot of his apartment complex. In the apartment, they discovered his live-in girlfriend on the floor and in tears. She informed police that Abramson had come home that evening and had assaulted her, prevented her from fleeing the apartment and then stomped on her knees and head. She also alleged that he had thrown her against a wall.

Continue Reading ››

 Posted on February 03, 2014 in Violent Crimes

Domestic violence is something that occurs quite often in various areas of Florida. If you live in the Miami area, you may be facing such charges. The best step you can take to protect yourself is by scheduling a consultation with a reputable firm. A conviction for domestic violence in Miami can tarnish your reputation and prevent you from spending quality time with your children.

Additionally, the courts may issue a restraining order against you and decrease the quality of your life. A Miami attorney can prevent you from performing jail time or paying high fines.

What is Domestic Violence Miami?

Domestic violence mostly includes violations that occur between two people who live in the same household. However, some domestic violence issues occur between people who have children together. Verbal altercations, physical fights, harassment and stalking fall within the realm of domestic violence.

If you have been accused of any of these actions, you must act now to prevent punishment. Speak with a Miami attorney to discuss the options for your defense.

Continue Reading ››

 Posted on January 27, 2014 in DUI

If you have been arrested and charged with a DUI in Miami-Dade County, you are facing serious charges. It is important that you hire an attorney right away who can help you fight those charges in a vigorous manner. Hiring the right Miami-Dade County DUI lawyer could be the difference between losing your freedom and walking away with your life still intact.

You Could Lose Your License

You could lose your ability to drive if you are convicted of a DUI. The length of the license revocation depends on how much you had to drink when pulled over. You may stand to lose your license permanently if you have been convicted of DUI in the past. Hiring a DUI defense lawyer Miami-Dade County may be able to help you keep your license on a conditional basis if you need it to get to work.

You Could Serve Time in Jail

Jail time is a distinct possibility for those who have been convicted of a DUI. The good news is that your Miami-Dade County DUI lawyer can plea bargain with the prosecutor in the case or with the judge in the case to reduce your sentence. It may be possible to replace your time in jail with community service or some other punishment.

Continue Reading ››

 Posted on October 27, 2013 in White Collar Crimes

Bounced checks (worthless checks, bad checks, rubber checks) are something that often is the subject of jokes around the water cooler, "I'm so broke I could bounce a check to the moon."

But as funny as those well-intended jokes may be, actually writing worthless "rubber" checks is a serious thing with potentially serious consequences.

Sometimes a check may simply be bounced due to an improperly balanced checkbook - The husband forgot to tell his wife he wrote a check to the mechanic so she didn't write it down, and the story writes itself.

Most of us have had that type accounting error happen at least once, if not multiple times over the years, and it can usually be taken care of by paying some bank fees and fees to the one the check bounced to, plus providing them with cash or money order to cover the original amount of the check.

But what happens in cases of intentionally writing bad checks or cases where unintentional bad checks were not taken care of?

Continue Reading ››

 Posted on October 13, 2013 in Sex Crimes

Being falsely accused of child molestation is perhaps one of the most horrifying experiences that anyone can face. Sex crimes, especially against a minor, are serious offenses with heavy penalties and consequences. While child sex abuse is certainly a real issue that must be dealt with, the reality is that false accusations are becoming more and more common in the state of Florida, especially when a custody battle is ongoing in the midst of a divorce.

Aside from legal repercussions and punishment, the social stigma of sex crimes is extremely damaging. This is why it's crucial to fight untrue allegations of child sexual abuse with the help of an experienced and knowledgeable criminal attorney. Because child molestation cases are the easiest crime to accuse and perhaps the hardest to defend, you need an expert on your side fighting for your rights.

So How Can You Fight Against False Allegations of Child Sex Abuse?

1. Find a criminal attorney as soon as possible. Early investigation in cases of child molestation is the best chance to successfully assimilate evidence and craft a defense. As evidence is continuously brought out and individuals are locked into their stories, discerning the truth becomes more and more difficult. Having an experienced criminal attorney like Evan Hoffman from the very beginning can make a major difference.

   Continue Reading ››