Tag: Criminal Defense

Criminal Defense, DUI, Legal Blog, Recent News

Goodman Hearings

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In the ongoing Palm Beach County DUI manslaughter case of Goodman v. State, the first of three days of hearings began today. Goodman’s retrial regarding the highly publicized 2010 Wellington crash that resulted in Scott Patrick Wilson’s death is scheduled to begin on October 6, 2014.

Previously, Chief Circuit Judge Jeffrey Colbath had ordered that jurors will be taken from out of town and brought to Palm Beach County for the retrial, in an attempt to avoid an unfair trial due to the publicity this case has received. Defense attorneys argued this morning a renewed motion to have the whole trial moved to a different town, instead of shipping out-of-town jurors to Palm Beach. Defense attorneys for Goodman argued that the cost to bring in out-of-town jurors would not only be exorbitant, but that jurors sequestered from out of town are historically more likely to convict a defendant as a result of their anger at being away from their homes for extended periods of time. Judge Colbath denied this request. In his ruling, the judge did express concerns regarding the expenses of the jury sequestration, discussing that it cost $33,000 to sequester George Zimmerman’s jury and approximately $187,0000 to sequester Casey Anthony’s jury. However, it would be expensive to sequester a jury picked within the confines of Palm Beach, as well.

Judge Colbath is expected later today to rule as to whether potential jurors will be from Jacksonville or Tampa. Jury selection will take place in one of the cities, and after selection is completed, six jurors and up to four alternates will be brought back to Palm Beach County. The selected jurors will be sequestered for the entire trial, which is expected to last nearly one month.

More hearings are scheduled to take place tomorrow and Wednesday on various issues, including: Goodman’s vehicle, which was released by prosecutors as evidence, the validity of Goodman’s blood alcohol test, and the testimony of a Wellington bartender.

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, DUI, Legal Blog

Drink Responsibly

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Budweiser’s new commercial has a strong message. The next time you go out, be sure to make a plan to get home safely; your furry friends are counting on you! Drink responsibly. #FriendsAreWaiting

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.

10-20-Life, Aggravated Assault, Criminal Defense, Legal Blog

Real Life Hamburglar & Florida’s 10 20 Life Statute

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A West Palm Beach man was apparently arrested this morning after a March incident where he pointed a gun and threatened to shoot a drive-through worker at Checkers if the employee did not give the man a hamburger.

The defendant allegedly placed an order at the speaker box of Checkers, and pulled up to the window to pay for his order. The defendant attempted to place a second order while at the window, and was informed that he would have to drive back to the speaker box to place the additional order. This apparently enraged the defendant, who then pulled out a gun and threatened to shoot. He ultimately drove away without firing and was arrested after police officers found a vehicle with a tag matching the description of the gunman’s car. He has been charged with aggravated assault.

As discussed in my previous article, aggravated assault is a third degree felony in the State of Florida, punishable by up to five years in Florida State Prison. Florida Statute 784.021 defines aggravated assault as an assault (which is a threat to do violence to another person combined with an apparent ability to carry out the threat and doing some act that creates fear of imminent violence) with a deadly weapon (such as a gun) without intent to kill, or with the intent to commit a felony.

However, under Florida’s 10-20-Life Statute (Florida Statute 775.087), there is a minimum mandatory sentence of three (3) years Florida State Prison for a person who is convicted of aggravated assault if the person possessed a “firearm” during the assault, even if the person did not fire the weapon. Discharging a firearm would result in even more mandatory prison time.

Aggravated Assault is a serious crime in the State of Florida; even more so when it involves a firearm. A simple moment of anger could turn into serious prison time when a gun is involved. Anyone facing felony charges of aggravated assault with a firearm in Palm Beach County, Florida, should speak with a Palm Beach County Criminal Defense Attorney.

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, Drug Charge, Legal Blog, Marijuana

Drug War Statistics

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With Florida’s new legislation legalizing specific forms of medical marijuana (a further description can be found here and here), the War on Drugs in the US has been a popular topic of discussion.

In 2012 alone, 749,825 people were charged with marijuana charges, and of those, approximately 88 percent of the charges (658,231 people) were simple possession arrests. More Drug War Statistics can be found here: Drug War Statistics.

If marijuana is further legalized in Florida by way of the broader spectrum medical use as placed on the November 2014 election ballot, it will be interesting to see the effect it will have on the Florida criminal justice system. Drug charges are heavily prosecuted in the State of Florida, including Palm Beach County, and often, prosecutors are able to add additional charges, such as weapons charges, after a search based on marijuana reveals evidence of additional crimes. Florida police officers often make arrests that stem from the odor of marijuana. For example, a simple traffic stop for speeding could turn into a vehicle search based upon the odor of marijuana and result in criminal charges. A simple knock and talk could turn into a full house search if the police arrive, smell the odor of marijuana, and obtain a warrant. If Florida ultimately legalizes marijuana, it may be much more difficult for police officers to make arrests and search suspects based on the odor of marijuana alone.

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, Recent News

Oscar Pistorius Guilty of Culpable Homicide

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On Friday morning, South African Judge Thokozile Masipa finished reading her nearly 100 page ruling, and announced Oscar Pistorius guilty of the charge of culpable homicide. The decision was reportedly unanimously agreed upon by Judge Masipa and her two legal assessors.

Finding Pistorius guilty of culpable homicide means that the court determined Pistorius acted negligently in causing the death of his girlfriend, Reeva Steenkamp. “Cuplable Homicide” in the South African legal system is similar to a charge of manslaughter in the United States.

The Court will being its sentencing hearing in October, where the 27 year old Pistorius could be sentenced anywhere from a fine to up to 15 years in prison.

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.