Florida Criminal Lawyer Blog

Our Sarasota drunk driving defense attorneys were disappointed to see a recent ruling from a judge in nearby Manatee County. According to a Nov. 14 article in the Bradenton Herald, Manatee County judge Diana Moreland denied a motion to suppress the use of breath test results obtained from a machine called the Intoxilyzer 8000 in a DUI case involving 31-year-old Janet Landrum of Ellenton. The order affects every DUI case in Manatee County, not just Landrum’s, which means the order allows the use of Intoxilyzer 8000 results in more than 100 cases. The South Florida DUI defense lawyer for Landrum has also challenged the accuracy of the test results.

The ruling is the latest in a controversy over whether the Intoxilyzer 8000 and its cousin, the Inxotilyzer 5000, should be admissible in Florida. Courts around Florida have previously ruled on whether the machines are admissible, a history that includes rulings in Manatee and Sarasota Counties against using them. Under Florida law, law enforcement may use only breath test machines approved by the federal Department of Transportation. The list of DoT-approved devices does include an older version of the Intoxilyzer 8000, but the machine has seen software changes since then. This has created confusion in Florida courts, with different counties ruling different ways on whether the machines’ results are admissible at all.

Complicating matters further, some Fort Myers DUI defense attorneys have also argued that the Intoxilyzer 8000’s test results are not reliable. In some cases, they say, software problems create a false positive when the machine should really show that results are inconclusive and the driver should blow again. This has led at least one state to ban the use of the machine entirely, on the grounds that no one should be convicted because of an inaccurate reading. Intoxicated driving defense attorneys and their clients argue that they are entitled to see the source code of the software the Intoxilyzer machines use so they can determine their accuracy. But the machines’ manufacturer, CMI Inc., refuses to disclose the source code, saying it’s a trade secret. The Florida Department of Law Enforcement has an ongoing case before the courts to decide ownership of the source code.

Our Punta Gorda intoxicated driving criminal defense lawyers hope the courts eventually decide that Florida’s law enforcement community -- and the drivers it serves -- are entitled to the source code. As things currently stand, there’s nothing stopping Florida drivers from being convicted of DUI on a false positive from an Intoxilyzer machine that nobody can double-check. Ideally, we’d prefer that Intoxilyzer results be declared inadmissible throughout Florida until this question, and the question about whether the machines are authorized, are both resolved. A drunk driving charge is very serious in Florida, carrying jail time, fines, license suspension and an immediate spike in auto insurance rates, among other things. To serve justice, those accused should be entitled to be judged on test results not tainted by doubts and lack of accountability.

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Our Fort Myers tax evasion criminal defense lawyers have closely followed the voluntary disclosure program offered by the IRS throughout 2009, because we offer aggressive legal defense for taxpayers in just that situation. The voluntary disclosure program allowed taxpayers who failed to declare income from overseas accounts to come forward with that information, in exchange for reduced penalties and very little chance of prison time. That was particularly important because the IRS was also in negotiations with Swiss bank UBS for most of the year to learn the names of U.S. taxpayers that the bank had admittedly helped to evade their taxes. The voluntary disclosure program ended Oct. 15, and according to a Nov. 17 article from the Associated Press, it saw unprecedented participation from a total of more than 14,700 taxpayers.

However, UBS still intends to turn over names of 4,450 more accountholders as part of its legal settlement with the federal government. And UBS accountholders are far from the only overseas accountholders likely to be affected by the ongoing IRS crackdown on tax evasion. Our West Palm Beach tax evasion criminal defense lawyers can still represent these clients in negotiations with the IRS -- or, if it comes to this, in tax court. If you're in this situation or think you might be and you'd like to learn more, don't wait to call Balliro, Galasso, Leskovich & Seltzer for a free consultation. You can reach us toll-free from anywhere in Florida at 1-866-ARRESTED or contact us through our Web site.

Our Sarasota firearms crimes defense lawyers were extremely interested in a recent controversy over Florida’s “stand your ground” law. The law, like those of many other states, says people who are attacked by intruders in their own homes or vehicles have no duty to retreat or announce their intentions before using deadly force -- including a firearm -- to fight back. A Nov. 7 article in the Tampa Bay Tribune has an interesting twist on that law: a case in which a towing company owner and his employee were attacked by a man in a moving car. The Second District Court of Appeal heard arguments in early November over whether Donald Montanez of Hillsborough County should be charged with second-degree murder, among other things, in the incident.

The charges against Montanez stem from his 2006 shooting of Glen “Chuck” Rich. Montanez’s company had towed Rich’s wife’s car for illegal parking. Rich showed up and, after a verbal fight, accelerated the car toward Montanez and an employee, Lorraine Marie Whitehead. Montanez fired a gun at the vehicle, killing Rich and giving rise to the murder charge. He claims self-defense in the case under the “stand your ground” law -- but a circuit judge ruled that his actions were not self-defense. Because the bullet passed through a passenger-side window rather than the windshield, the judge said, Montanez knew or should have known that there was no threat. The attorney for Montanez, Jay Hebert, appealed that ruling, arguing that Montanez didn’t know where Whitehead was at the time, making his fear of harm to her reasonable.

In oral arguments, the judges of the Second District Court of Appeal focused on the timing of the fatal shot, the newspaper said. The entire incident took place at 5 a.m. and lasted only a few seconds, Appellate Judge James W. Whatley pointed out -- timing that would make it difficult to conclusively determine everyone’s whereabouts before taking action. For the prosecution, assistant attorney general Timothy Freeland argued that allowing defendants to use the “stand your ground” law to shoot on a “maybe” would grant them too many opportunities to fire without strong evidence of a threat. Previous cases have split the Florida courts, the newspaper said, and a ruling from the Florida Supreme Court may be required to resolve that split.

As Fort Lauderdale gun charges defense lawyers, we believe Montanez has a strong case for expanding the Stand Your Ground law. From a courtroom or an office, it sounds reasonable to require defendants to know for sure where everyone is before firing. But in practice, people trying to protect themselves and others from an immediate threat don’t always have much time. As Supreme Court Justice Oliver Wendell Holmes said, “Detached reflection cannot be demanded in the presence of an uplifted knife.” If Montanez truly believed Whitehead was in danger and acted in her defense, his use of deadly force may have been reasonable or even justifiable. If so, prosecuting him for murder would be contrary to well-established Florida law, as well as his constitutional rights as the owner of a legal firearm.

Continue reading " State Appeals Court Will Decide Whether Stand Your Ground Law Requires Complete Knowledge " »

As West Palm Beach firearm defense lawyers and NRA referral attorneys, we’re proud to live in a state that’s friendly to our Second Amendment rights. That’s why we were disappointed to see a Nov. 5 article in the Miami Herald suggesting that our rights as gun owners may be under fire if the Florida Legislature doesn’t take quick action. According to the article, the NRA is lobbying Tallahassee for a law that bans adoption agencies from asking prospective adoptive parents whether they own guns. NRA lobbyist Marion Hammer said that because this question comes from an agency connected to the government, it is tantamount to establishing a gun registry, which is specifically forbidden by Florida law.

The issue came up after a couple from Brevard County was asked about gun ownership. The Children’s Home Society, a private adoption organization that works with the state government, gave the couple a form that included a question about whether they had firearms. The couple saw this as an unreasonable intrusion into their Second Amendment rights and consulted an attorney. A spokeswoman for the agency said it was a standard question required by the state Department of Children and Families, for which it is a contractor. She said the agency may be able to use a form without that question, but because all adoption in Florida is privatized, it takes time to get a response. However, that may not be necessary, because the couple’s attorney referred them to the NRA -- which said changing Florida firearms law would be easier than suing. Sen. Thad Altman, R-Melbourne, has already introduced a bill making it unlawful to even ask about gun ownership; it is expected to pass.

As Fort Myers gun crimes defense attorneys, we are pleased to see the Legislature taking quick action on this important issue. Florida has banned gun registries to avoid a very real danger: Allowing the government to know who has guns. If government agents know who firearms owners are, it will be that much easier for them to round up and take away those firearms. Despite the protections offered by the Second Amendment, this remains a very real concern for the NRA and its members. Adoption agencies say they’re concerned about safety, but because they are subcontractors to a government agency, this question is only a few steps removed from such a registry. It would be better by far to stay out of gun owners’ private business and allow adoptive parents to make their own decisions with regard to children’s safety around guns.

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The South Florida legal world, including our own Miami-Dade criminal defense attorneys, was served with a surprise Nov. 1. According to a Nov. 2 story in the South Florida Sun-Sentinel, a prominent Fort Lauderdale law firm is investigating one of its founders for alleged financial fraud. The law firm of Rothstein Rosenfeldt Adler has hired a former federal prosecutor, Kendall Coffey, to investigate whether Scott Rothstein, the firm’s managing partner and CEO, stole money from investment accounts connected to the firm. It, and name partner Stuart Rosenfeldt, also filed a lawsuit Nov. 2 asking a court to put the firm into receivership, to preserve its assets while it sorts out the financial allegations. Rothstein has not resigned from the firm, but another attorney, Marc Nurik, resigned so he could represent Rothstein in the case.

According to the article, the allegations center on non-legal funds related to the firm’s investment business. Rothstein Rosenfeldt Adler offers investors a chance to buy out existing structured settlements. Rothstein allegedly controlled all accounts related to that business. Over the weekend, an investment group contacted the U.S. Attorney’s office about “suspicious activity” in the investment business. The lawsuit’s complaint said investors allege that Rothstein fabricated nonexistent settlements and misused the investment money they attracted. Coffey said the firm did not have evidence that any money related to its legal work had been stolen, but Broward County’s chief judge told colleagues that the firm may no longer be able to pay its employees. Rothstein was out of town (possibly in Morocco) “to clear his head,” Nurik said, and not available for comment.

Rothstein is well known in Broward County as a philanthropist and political donor with a high-priced lifestyle. He and his firm have given to several candidates of both parties, and he has held fundraisers at his home for John McCain, Charlie Crist and Arnold Schwarzenegger. He has also given to local and national health-related causes and invested in several businesses. According to the Sun-Sentinel, Rothstein has bought three multimillion-dollar homes in the past year and also owns a collection of exotic cars. Until Monday, he had full-time protection from off-duty Fort Lauderdale police officers, for which he paid about $400,000 a year. And his law firm grew to ten times its original size in the past seven years, an unusual rate of growth that surprised and impressed bystanders.

Our Fort Lauderdale federal crimes defense lawyers would like to take this opportunity to remind readers that we defend people accused of complex financial or “white collar” crimes like this, as well as more ordinary charges. While we do not in any way condone the behavior of attorneys who steal from legal or non-legal clients, we have the skills and experience to defend all types of financial crimes. In the past, we have posted at length about our tax evasion and tax fraud practices related to the IRS voluntary disclosure program for UBS accountholders and other U.S. taxpayers with foreign accounts. The deadline for voluntary disclosures has passed, but we continue to offer aggressive criminal defense for people accused of all kinds of financial wrongdoing, including complex and hard-to-unravel embezzlement and fraud schemes.

Continue reading " South Florida Attorney Accused of Fraud and Embezzlement From Investment Business " »