Category: Legal Blog

DUI, Legal Blog

Broward BSO DUI Checkpoint

Casey Reiter

As we get ready to kick off the holiday weekend, BSO has announced a planned DUI checkpoint for tonight.

According to Broward Sheriff’s Office, the DUI checkpoint will be in Oakland Park at 1701 E. Oakland Park Blvd. on Friday, August 29, 2014 at 9:00 pm through Saturday, August 30, 2014 at 5:00 am.

Everyone celebrating this weekend should be careful not to drink and drive. Be safe and call a cab or a sober friend!

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Legal Blog, Recent News

50 Cent in West Palm Beach Court

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Rapper 50 Cent was in the West Palm Beach Courthouse this week regarding a $16 Million dispute over headphones. It was alleged that 50 Cent had misappropriated trade secrets from Sleek Audio to manufacture his own headphones, Street by 50 and Synch by 50.

While in the Palm Beach Courthouse, 50 Cent (real name Curtis Jackson, III) was approached by a Palm Beach County State Attorney who wanted to show 50 Cent a video.

The Palm Beach Assistant State Attorney had recently prosecuted a man for raping a 20 year old female with Down’s Syndrome who had the mental capacity of a 4-year-old. The man was sentenced to 31 years in Florida State prison for the crime. As it turns out, the victim is an avid 50 Cent fan, and the prosecutor had recorded the victim singing the chorus to one of 50 Cent’s songs. The prosecutor showed the video of the woman rapping to 50 Cent, who reportedly smiled after he heard the girl’s voice.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Diversion Program, Legal Blog, PTI

PTI – Pre Trial Intervention Programs

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Pre-trial Intervention (PTI) Programs are common in Palm Beach County Florida and are governed by Florida Statute 948.08.

Pursuant to the Statute, a person who has been charged with a misdemeanor or a third degree felony may be eligible to enter a pretrial intervention program to resolve his or her criminal charges. PTI programs are designed to provide supervision, counseling, and treatment when appropriate to those who participate. In order to enter into a PTI program, a person must be a first time offender, or, someone who has not been previously convicted of anything other than one nonviolent misdemeanor. Additionally, the victim, the Palm Beach State Attorney, and the judge must all approve of the defendant’s entering into the program.

If a defendant is eligible for PTI and the necessary parties approve, the defendant would have voluntarily agree to enter the program and waive his or her right to speedy trial so that the case will be continued to allow the defendant time to complete the program. The statute provides that the case shall be continued for 90 days, but if an additional 90 days are required, the court can further extend. 
 
Once a defendant successfully completes the PTI program in Palm Beach, the State Attorney will typically dismiss the charges. However, if the program is not successfully completed, the Palm Beach State Attorney can resume prosecuting the charges. It is extremely important for people who are offered the opportunity to enter a PTI program to satisfactorily complete it so that the criminal charges can be dropped.
 
Anyone in Palm Beach County who is a first time offender with no prior criminal history should contact a Palm Beach Criminal Defense attorney to discuss whether they are eligible for PTI or any other diversionary program. Pre Trial Intervention is a great diversionary tool for eligible first time offenders to prevent them from having a criminal conviction on their record.
 
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Appeal, Criminal Defense, DUI, Leaving the Scene, Legal Blog, LSA

Leaving the Scene of an Accident

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An interesting legal question was posed by the 1st DCA this week regarding the jury instructions for the charge of Leaving the Scene of an Accident Causing Death or Serious Bodily Injury (Florida Statute 316.027). In the case, the defendant was convicted of leaving the scene of an accident causing death (and vehicular homicide), after drinking for approximately 7 hours, and then driving his car while a firework was exploding inside the car, crashing into someone causing death, and then driving away. 

During trial, the court read to the jury a jury instruction that stated the State must prove that the defendant either knew or should have known that he was involved in a crash. 

However, the statute for Leaving the Scene of an Accident Causing Death provided that it is only a first degree felony for the driver of a vehicle who causes a crash resulting in death to willfully fail to stop and remain at the scene.

Therefore, the defendant appealed, arguing that the jury instruction misstates the law: a person cannot willfully leave the scene of a crash without actually knowing that the crash occurred.

The 1st DCA agreed with the defendant, overturned the conviction, and certified the question to the Florida Supreme Court as an issue of great public importance.

The 4th DCA in Palm Beach County has also certified this question in Dorsett v. State, where the Fourth District Court of Appeal held that the standard jury instruction for Leaving the Scene of an Accident Causing Death did not accurately state the law because a defendant must have actual knowledge of the crash in order to be held convicted for leaving the scene of a crash under the statute for Leaving the Scene of an Accident Causing Death.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Probation, VOP

Florida VOP Arrests

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Miley Cyrus made news this week when she brought an allegedly homeless man as her date to the MTV Video Music Awards.

Unfortunately, after the VMAs, research has revealed that the man has a troubled past, including warrants for his arrest and probation violations. One report reveals that the district attorney in Oregon filed a motion to revoke the man’s probation after he allegedly failed to report to his probation officer, used controlled substances, failed to submit to a urine test, and failed to complete his court ordered classes and community service hours.

In Florida, similar results will stem from a Florida probation violation. Florida Violations of Probation typically occur when someone has not timely completed the terms of their probation (such as community service hours), when someone fails to report to their probation officer when scheduled or when requested, when someone tests positive for a controlled substance during random alcohol and drug testing that is a term of their probation, or when someone is arrested for a new crime while they are already on probation.

Palm Beach County probation officers can have a person arrested in their office for a positive drug test. If the person stops reporting to the probation officer, the probation officer can request the judge to issue a warrant for that person’s arrest. Once arrested, the defendant could be held no bond, depending on the judge and the charge.

Florida VOPs will usually require either one or two hearings, depending on the reason for the violation. The court will ultimately have to determine if the reason for the alleged violation was substantive (such as being arrested for a new crime) or technical (such as a positive drug test or failure to report). The sentence for a violation of probation could be up to the maximum penalty under the original charge from which the probation stems.

A Florida criminal defense attorney can review a violation of probation case and determine the proper steps to be taken in defending the VOP. Sometimes, attorneys are able to file motions for in court surrender to avoid jail, or to negotiate with the state attorney to have the terms of probation reinstated. Each case is different. Anyone facing a probation violation in Florida should contact a Florida criminal defense lawyer.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.