Crime Blog WR Moore Criminal Defense

Florida Cab Driver Accused of Raping a Passenger

Florida pedicab driver George Brainard has been accused of raping his passenger after she refused to pay him with sex according to Florida Sex Crimes Lawyer Jim Weick.

Sex Crimes in Florida

How the Events Unfolded That Day

According to The Daytona News-Journal, the victim was attending an event at the Daytona International Speedway with some of her friends on Friday, February 21st, 2014. At the event, she became separated from her friends. She shouted out for Brainard for a ride.
Brainard told the lady that he would not charge her if she agreed to have sexual intercourse with him. When she refused, the cab driver forced her into a wooded lot near the Speedway and assaulted her. The victim fortunately, managed to escape. In fact, she was spotted emerging from the lot with her clothes in a disheveled state by another pedicab driver, Nick Colavito. She was crying uncontrollably and screaming for help, as Colavito informed WFTV later on. Sex Crime Attorneys emphasize that State prosecutors will file charges for false imprisonment in case where a victim was forced into a location or kept against their will, even for a moment.

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What You need to Know about Date Rape Drugs

Jim Weick, a Sex Crimes Defense Lawyer in Ft Lauderdale, recently explained that date rape drug can be any substance that is used to incapacitate a victim for the purpose of facilitating a sexual battery or rape. There are many date rape drugs that are known to cause sedative or amnesiac effects on a person when slipped into their food or drink without their knowledge. Most victims have absolutely no recollection of the events that took place after they were administrated the drug. Due to the fact that date rape drugs have no distinguishing taste, odor or color, it is very difficult to make out when it is slipped into something that the intended victim will ultimately consume.

Date Rape Defense Lawyer

When a person is administered a date rape drug, they become weak and confused and at times even become unconscious. During this time if a sexual assault were to take place, the victim would have no recollection of it. Rohypnol, GHB and Ketamine are the three most commonly used date rape drugs today. These drugs are also called club drugs are they are very often used at discotheques, clubs, raves, and music concerts.

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Road Rage in Florida

The Road Rage Attorneys at WR Moore Criminal Defense are proficient in defending persons charged with this Florida Crime. Ask us to discuss some of our more notable cases in Fort Lauderdale, and Palm Beach.

Broward County Road Rage Lawyer

Road rage can be defined and furious and aggressive behavior by the driver of a vehicle towards another driver or a pedestrian. This behavior is manifested through many ways – verbal insults, name-calling, abuses, inappropriate hand gestures and in some cases, even physical violence. Road rage, if not kept in check can lead to a number of unwanted confrontations in the form of assault, physical altercation, risk of injury and some times, even death.

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Devon Charles Lochte Violates Probation in Florida

Devon Charles Lochte, the younger brother of Olympian, reality TV character and UF alumnus Ryan Lochte, was arrested Tuesday by Alachua County Sheriff’s deputies for a violation of probation after a urine sample tested positive for chemicals found in marijuana.

Lochte Violates Probation

What are my options if I Violate My Probation in Florida?

Our Probation Violation Attorneys explain that in Florida, probation is a form of community supervision, where a person who is convicted is allowed to stay at home, work, study, and so on as long as they meet certain specified terms of their probation. These terms typically include having to stay in touch with the probation officer on a regular basis.

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Sexual Battery Generally

Florida law defines sexual battery as the oral, anal, or vaginal penetration of another without that person’s consent by the penis. It also defines sexual battery as the anal or vaginal penetration by any object without the consent of the victim except for bona fide medical purposes.

Sex Crimes Attorney

No Consent

Florida law further states that consent cannot be obtained by force, threat, intimidation, or when a person is involuntarily intoxicated, when a person is asleep, mentally incapacitated, or believes to be under the power of the person accused of sexual battery.

Under Florida law it is not necessary for the victim to have physically resisted the perpetrator of sexual battery. Lack of consent is sufficient for a person to be accused of sexual battery.

Consent does not Matter Nationwide.

If a person 18 years or older attempts oral, anal, or vaginal penetration with a penis or anal or vaginal penetration with any object on a person less than the consensual age in your state, then it is sexual battery on a minor. Similarly, when a person commits these acts on a person in familial custody even with their consent it will amount sexual battery if the victim is less than 18 years old.

Under Certain Circumstances

Under criminal laws nationally, a person can be accused of sexual battery for orally, anally, or vaginally penetrating another with the penis without their consent or even with their consent under certain circumstances. Moreover, vaginal and anal penetration using other objects is also considered sexual battery if the consent was not obtained or if the victim was below the age of consent in your state, in the custody or power of the accused, or physically or mentally incapacitated.

Contact Sex Crimes Lawyer Jim Weick with our office for more information.

What happens if I am Arrested for Possessing Adderall?

Doctors routinely prescribe this drug and others very similar to it for conditions such as narcolepsy, obesity, and attention deficit hyperactivity disorder (ADHD). If these drugs are as dangerous as Gonzales et al. claim, how can millions of Americans—including schoolchildren—safely consume them on a regular basis?

Adderall Posession

William R. Moore is a Drug Posession Defense Lawyer with WR Moore, Direnzo & Weick. He recently explained the law  in Florida criminalizing possession of Adderall without a prescription.

Broward Adderal Posession Lawyer William Moore

Adderall is a schedule II drug. It is an amphetamine that is prescribed to control ADHD. However, since it can increase the focus and enhance the performance, many high school and college students use it to pull overnighters so they can study more without falling asleep. Since Adderall is addictive and can cause severe side effects, it is both a federal and a state crime to possess Adderall without a valid prescription.

 

Penalties

If you are arrested for possessing Adderall without a valid prescription, you could be charged with the felony of wrongful possession of Adderall. Penalties start at a maximum prison term of 5 years.

A Legal Search: By the Book

However, even if you have been found with Adderall in your possession, a drug lawyer will be able to ensure that your rights are protected. This means that the law enforcement authorities have to prove that the drug was in your possession and that you were aware that it was a controlled substance. Moreover, the authorities should have found you in possession of the drug when they were conducting a lawful search and seizure that did not violate your rights for the evidence to be admissible in court.

 

My son was charged with possession of my pain medication (Oxycontin) without my permission. What penalty is he facing if convicted?

Oxycontin is a scheduled II drug in the U.S. This means its production, distribution, and possession is highly regulated. Oxycontin is prescribed as a pain killer but its possession without a valid prescription is penalized because it is highly addictive.

Oxycontin Lawyers Broward County

A Big Loss

The penalty of the possession of oxycontin depends on the amount found in possession. If the amount is less than 4 grams, then it is a third degree felony punishable by a maximum of five years imprisonment and a fine of $5,000.

A Lot of Time

A person found to be in possession of more than 4 grams of oxycontin can be accused of intent to sell or trafficking the drug. Some states assume this to be the case and do not require any additional proof. In such cases, the prison sentence can be as long as 30 years.

Weight

The issue is further complicated because law enforcement officials will take into account the entire weight of a substance that contains oxycontin. This can make possession of even a lower quantity of oxycontin a first degree felony if it absorbs moisture or is mixed with some other substance.

Different states have differing penalties for the possession of oxycontin and the severity of the penalty might vary from state to state. Similarly, some states will expect the prosecution to prove that the person in possession of the drug was planning to sell or distribute it while others will consider mere possession of over a specified weight as proof of intent to sell or distribute the drug.

If you wish to lear how our Drug Lawyers have helped others, schedule an appointment with our team today.

Is community control available to juveniles?

Is community control another name for house arrest in Broward County and is it available to underage offenders? 

 

Yes, House Arrest is available to both adults and Juvenile Offenders.

House arrest in Florida is also called community control. It is a sentence that is given to certain criminal offenders in lieu of a prison term. Sometimes the court might sentence a person to a mix of prison term and house arrest. House arrest is less expensive for the state as the person under house arrest is expected to pay for most of the costs involved.

A person under house arrest or community control in Florida can continue to live in their primary residence, travel to work, school, place of worship, hospital, and to visit the probation officer. However, they can do so only with the prior approval of the probation officer whom they need to meet each week.

Broward County Community ControlLack of Freedom

Those under house arrest in Florida are placed under intensive monitoring by being required to wear an electronic anklet 24/7 and ensuring that they adhere to the curfew timings. This is sort of like the movie Disturbia where Shia LaBeouf has his freedom curtailed by having to where an electronic ankle bracelet. Moreover, they have to pay for the electronic anklet provided by a third party and also work and support their dependents.

Community Service

Besides, under Florida law, those under house arrest have to spend a prescribed number of hours per week on a community service detail apart from their regular employment.

As a rule, those under house arrest are prohibited from consuming alcohol and must be at home during all times for which they have not specifically been permitted to be away. Those under house arrest cannot normally travel but can approach their probation officer for permission if they have special reasons such as attending a family funeral.

Not for Violent Offenders Juvenile Offenders

Those violating the terms of their house arrest in Florida can be sent to jail. Typically, Florida permits only non-violent offenders and first time offenders to be placed under house arrest. This can often be juveniles staying with their parents.

Contact our Criminal Defense Lawyers for information about how we can help.

What is Broward County Drug Court?

Our Criminal Lawyers in Broward explain that a drug court in Florida integrates drug treatment and judicial monitoring. It has been found that when a person is found guilty of a drug offense and incarcerated they are likely to be charged with the offense again as they have become dependent on the drug or alcohol. To break this vicious cycle, Florida offers a Drug Court program for those who are charged with substance abuse. The people who are likely to benefit from the drug court are identified early on in the process and they are required to attend drug or alcohol rehabilitation programs.

Drug Court Treatment Program

Broward Drug Court DefenseBroward County’s Drug Court is the third oldest drug court in the nation, created in 1991, and the Drug Court Treatment Division serves close to 800 clients daily. The Drug Court Treatment Division has two programs providing diversion from jail or prison for persons with substance related conditions. – Broward Sheriff’s Office Drug Court Program

 

Testing

Each person enrolled in the program is closely monitored by a judge and a police official. The drug court monitors abstinence with frequent drug and alcohol testing and compliance is rewarded while those who have violated the terms of the drug court can be detained again.

A Productive Member of the Community

The drug courts are meant to help rehabilitate substance addicts by offering them a way to overcome their addiction. The close monitoring and a system of rewards and deterrents are meant to help the addict become a non-criminal, productive member of society again.

There are different drug courts for juveniles, adults, and parents who are dependent on chemical substances. The courts, law enforcement, as well the public and private institutions are all involved in the process.

The prosecution and defense attorneys are also part of the drug court process to ensure that the legal rights of the addict are preserved.

Breaking the Addiction

Florida’s drug court system has been designed to reduce the number of substance addicts who become repeat offenders since they are not cured of their addiction but clog the courts with drug cases. This pattern is combated by encouraging the addicts to give up their dependency on substances using non-adversarial methods.

Contact our Drug Lawyers for more information or to schedule a consultation.

Can I be charged with a felony if I was arrested for theft valuing over $300?

According to Criminal Defense Lawyer WR Moore, Under Florida law, theft is a property crime where one person intentionally deprives the owner of the possession and use of their property either temporarily or permanently. Florida distinguishes between petit theft and grand theft by assessing the value of the property taken. When something worth $300 or less is stolen then it is labeled a petit theft and treated as a misdemeanor. However, if you are arrested for theft of over $300 then you face a felony charge.

Theft Lawyers

The Degrees

Theft between $300 and $20,000 qualifies as a felony of the third degree and you face imprisonment of up to five years and a fine of $5,000. If you are accused of theft between $20,000 and $100,000 you can be charged with grand theft of the second degree. If convicted you face imprisonment of up to fifteen years and a fine of $10,000. If you are accused of theft of property worth more than $100,000 you will be charged of grand theft of the first degree. If convicted you face imprisonment of up to 30 years and a fine of up to $10,000.

The Total Value

If you are arrested for theft of over $300, you face a felony charge and conviction can lead to a long prison term. In order to avoid these negative consequences you need to retain the services of an attorney who can work to either prove that you were innocent or prove that the value of the property stolen was less than $300. If the lawyer can prove that you are innocent you can walk away without a conviction. Otherwise, if the lawyer is able to prove that the value of the stolen item was less than $300, you only face conviction for a misdemeanor instead of a felony conviction.

If you have questions about your case contact our Broward County Theft Lawyers and schedule a free case evaluation.

Criminal Defense Attorney William Ryan Moore – Broward and Palm Beach County, Florida