Florida Criminal Lawyer Blog

As Miami firearms crimes defense attorneys, we were disappointed by the long sentence handed down to football player Plaxico Burress last week, as ESPN reported Sept. 23. Burress, a former wide receiver for the New York Giants, was charged after he was found in possession of a gun at a New York City nightclub. The gun was not licensed in New York or in his home state of New Jersey, and his Florida concealed carry permit had expired. Burress was originally charged with two counts of weapons possession and one count of reckless endangerment, but under a plea deal, he instead pleaded guilty to attempted criminal possession of a weapon.

The case is famous not only because Burress is a star athlete, but also because of the way the firearm was found. Burress had the gun tucked into the waistband of his sweatpants at the nightclub. Unfortunately, it slipped and went off, shooting Burress himself in the thigh and narrowly missing a nightclub security guard before embedding in the floor. Nobody but Burress was hurt, but the incident alerted authorities to the fact that he did not have a permit to own or carry the weapon. A video report from ESPN has more:

The defense attorney for Burress told ESPN that Burress is paying a “very, very severe penalty” for his lapse in judgment. Our Sarasota weapons charges defense lawyers strongly agree. Burress broke licensing laws, and may indeed have recklessly endangered others, as his charges said. But he did not do those things in the commission of a violent crime. Furthermore, nobody was hurt but Burress himself, who was wounded, lost several years of his career and income and, perhaps most importantly, will miss nearly two years with his wife, unborn child and three-year-old son. Under those circumstances, we believe two years in prison is a harsh and disproportionate punishment, brought on in part by overreaching state gun control laws and politicians and prosecutors eager to “make an example” of a high-profile defendant.

Continue reading " Plaxico Burress Sentenced to Two Years in Prison for Simple Firearm Possession " »

Our Fort Myers tax evasion criminal defense attorneys were surprised and pleased to see that the Internal Revenue Service has extended the deadline for its voluntary disclosure program. According to the New York Times, the agency announced Sept. 21 that it will extend the program, scheduled to end Sept. 23, an additional 22 days to Oct. 15. The move comes after taxpayers have flooded the agency with voluntary disclosures, which allow taxpayers who failed to report income from overseas accounts to avoid criminal prosecution and punishing fines. These taxpayers must still pay back taxes and penalties of five to 20 percent of the unreported income, but by coming forward, they can avoid much higher fines, a criminal record and potential prison time.

The voluntary disclosure program grows out of an IRS criminal investigation of the Swiss bank UBS. A former employee revealed that the bank had taken active steps to help Americans avoid reporting income from UBS accounts, including physically carrying money in luggage and setting up elaborate shell corporations. As part of the settlement of those charges, UBS agreed to release names of some taxpayers who had not reported the income from their accounts to the IRS; after the IRS sued, it revealed even more names. The agency publicly promised that it would be aggressive in its efforts to find and prosecute tax evasion -- but it also instituted its voluntary disclosure program, allowing taxpayers to avoid harsh penalties by coming forward.

By all accounts, the voluntary disclosure program is a success. According to the Times, 3,000 people (including people without UBS accounts) have participated so far this year, up dramatically from a total of 80 participants in 2008. The deadline’s extension is one sign of the program’s success, and as West Palm Beach tax evasion defense lawyers, we strongly encourage any taxpayers who could benefit from the program to talk to us about doing so. In addition to helping clients with the necessary paperwork for the disclosure, our Sarasota tax evasion criminal defense lawyers aggressively negotiate for fair and lenient penalties; represent clients in any in-person interview the IRS requests; and guide clients about what must be disclosed now and in the future. However, because the extended deadline is so soon, taxpayers must move very quickly to take advantage of the program.

Continue reading " IRS Extends Deadline for Voluntary Disclosure of Unreported Overseas Income in UBS Case " »

At Balliro, Galasso, Leskovich & Seltzer, we are pleased to announce that we offer extradition defense services for people fighting extradition to or from Florida from another jurisdiction. Extradition is the legal term for transferring people accused of crimes from the place where they were taken into custody to the place where they face the charges. Extradition can be between states or between the United States and another country. BGL&S handles both domestic and international extradition, both to and from Florida. Depending on the facts of the case, our Miami extradition defense attorneys can raise multiple powerful defenses to extradition.

One of the most common defenses to international extradition was raised in the extradition of a Jamaican accused of murder here in Florida. According to a Sept. 9 article on RadioJamaica.com, prosecutors in Central Florida have been seeking the extradition of Davion Parson, 19, from Jamaica for months. Parson is accused of the shooting deaths of Antone Neely, Michael Rattigan and Kevin Webster outside a bar in Tampa. The article said Parson was captured in Kingston in late 2008, but because prosecutors in Florida planned to seek the death penalty, Jamaican authorities refused to turn him over. It was only after U.S. prosecutors changed their minds and agreed not to seek the death penalty that a Jamaican court authorized the extradition.

Many countries that object to capital punishment will not extradite their citizens to the U.S. if they face the death penalty here. Other objectionable punishments, such as torture, may be a valid defense to extradition from the U.S. to other nations. International extraditions are governed by treaty, so each nation may make its own rules about defenses to extradition. Other defenses our Fort Myers extradition criminal defense lawyers can raise in international cases include:

• Mistaken identity
  
• Double jeopardy -- the accused cannot be prosecuted for the same crime in two different countries
  
• The alleged crime is not a crime in both countries
  
• Lack of strong evidence that the accused committed the crime
  
• The prosecution is politically motivated

Continue reading " Jamaican Teenager to Be Extradited for Alleged Triple Murder in Central Florida " »

As Miami firearms crimes criminal defense attorneys and gun rights advocates, our firm stays informed about issues related to weapons and criminal law, including threats to our Constitutional right to keep and bear arms. Recently, we received a message from the National Center for Gun Rights calling for action against a federal bill that could substantially constrain our legal rights under the Second Amendment. Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which was introduced in the House of Representatives as HR 45, would:

• Require a national license for anyone who wishes to buy a handgun or automatic weapon, excluding antiques.
  
• Prohibit sale of these guns by anyone but a licensed dealer.
  
• Create a national database keeping a record of every American who owns a firearm.
  
• Require that gun owners secure their guns away from minors under 18, with criminal penalties including prison for even accidental access by minors.

Even worse, this bill would impose strict requirements for people who wish to apply for one of these gun licenses, including a requirement to pass a written test before the federal government deems them fit to exercise their own rights, and authorization to release their private mental health records. As Sarasota gun rights lawyers, we believe this may be the first step toward confiscation of all guns by a totalitarian government -- and that is not acceptable in a free society. If you agree, we urge you to say so by signing the Association's emergency "No More Gun Control Petition" on its Web site.

If you're fighting to exercise, keep or restore your right to bear arms as an American, Balliro, Galasso, Leskovich & Seltzer can help. Partner Sebastian Balliro is an NRA referral attorney and partner Jean Paul Galasso has years of experience as a prosecutor specializing in firearms crimes -- so we know how anti-gun prosecutors and zealots think. To learn more at a free consultation, please contact us, 24 hours a day and seven days a week, through our Web site or call 1-866-ARRESTED from anywhere within Florida.

As gun rights advocates and Naples firearms crimes criminal defense attorneys, we were pleased to see charges dropped last week against a Florida man who used his Second Amendment rights in self-defense. According to the St. Petersburg Times, manslaughter charges against Charles Podany were dropped Sept. 1 under Florida’s “stand your ground” law. The law gives Floridians the right to use deadly force when they are in reasonable fear of death or great bodily harm. Podany was accused of shooting Casey Landes, 24, after Landes began beating him after an argument about speeding.

The Times said Podany, was bicycling through the Hillsborough County city of Thonotosassa on Feb. 29, 2008 when he asked the driver of a pickup truck to slow down. The driver, Evin Aguayo, slowed down, but his passenger and friend, Landes, leapt on Podany as he bicycled away. Aguayo testified that the ensuing fight would not have been fair, with the 6’1”, 192-pound, 24-year-old Landes outmatching the 49-year-old, 5’8”, 180-pound Podany. But Podany stopped the fight by pulling out his Glock, for which he had a concealed weapons permit, and fatally shooting Landes in the head. According to Podany’s South Florida gun charge criminal defense attorney, this met all of the requirements of the stand-your-ground law: Podany was doing nothing illegal, had a right to be there and could have been seriously hurt if he hadn’t acted.

Our Fort Myers weapons charges criminal defense attorneys are pleased to see that the courts reacted reasonably to this unfortunate incident -- even if prosecutors did not. If the article was accurate, this was just the sort of situation in which using a concealed weapon in self-defense is appropriate. Floridians apply for concealed weapons permits in part because firearms are one way to equalize an unequal fight like this one, allowing them to protect themselves and their families. And Florida law rightly acknowledges that sometimes, people must use deadly force out of self-protection. It is unfortunate that a life was lost, but the law did its job in this case by protecting Podany’s rights under state law and the U.S. Constitution.

Continue reading " Charges in Fatal Shooting Dropped Against Bicyclist Under Florida Stand Your Ground Law " »