WalletHub Study Shows That Fort Lauderdale is the Least Safe of 182 Metro Areas in the United States

If there’s an inkling that a place is unsafe and citizens begin complaining to the police, the authorities might pursue alleged crime more zealously. Every person who is accused of a crime, however, does maintain some rights in the U.S. If you’re a citizen or legal resident and were the victim of the police taking things too far in the name of fighting crime, this information might come front and center in your criminal defense case. 

According to a new study completed by WalletHub, Fort Lauderdale comes in dead last in the ranking of the safest metro areas across the country. More than 180 cities were included in this but the primary factor that influenced this ranking was the high rates of traffic fatalities.

The WalletHub looked at multiple ways that an individual might feel insecure or threatened: home and community safety, natural disasters, and financial safety. The home and community safety category looks specifically at various types of crime including murder. If people believe that crime rates are high, they may be hesitant to move to that area or put their children in school there. But it might also lead to the police cracking down on any potential instance of crime. If you’ve been wrongly accused, you need a lawyer. 

Fort Lauderdale came close to the bottom of the list as it related to traffic fatalities per capita but it was also one of the worst cities for financial safety. The implications of this study may affect people who have been accused of crimes. If there’s a perception that an area is less safe, the police may crack down on alleged crimes more significantly and they can pursue these allegations zealously. Since there are so many different factors that could influence the outcome of your criminal case, you need to ensure you have a Fort Lauderdale criminal defense attorney who has a track record of successfully representing people who have been wrongfully accused. There’s a lot on the line when police officers and victims believe that there is a high risk of criminal activity and if you have been wrongfully accused, you need to respond promptly.


What You Need to Know About Mounting a Bank Fraud Defense

Have you already been accused of bank fraud? If so, you need a lawyer who can help you prepare right away. The prosecution will likely have a lot of lead time in a case like this, but you cannot ignore the opportunities to protect yourself.

Hiring an experienced Fort Lauderdale bank fraud defense attorney should be the first thing you do after you suspect that you are under investigation for bank fraud or after you have been formally charged. Anyone accused of bank fraud crimes in Florida is protected by the U.S. Constitution and is considered innocent until proven guilty. Bank fraud is defined as attempting to execute or executing any scheme that obtains credits, monies or other property under the control of a financial institution through fraudulent or false pretenses or any scheme that attempts to defraud a financial institution.

With maximum fines of $1 million and decades in prison at stake, it is important to know the value of mooning a proper bank fraud defense. Prosecutors and law enforcement cannot engage in the legal searches or seizures affecting those associated with bank fraud charges and anyone who has been accused has the right not to incriminate themselves and to retain an attorney as soon as possible. Many criminal defendants, especially those who are currently under investigation for bank fraud, don’t have a comprehensive understanding of their constitutional rights and do not know how to navigate the justice system effectively.

Claims associated with bank fraud can be high stakes and complex as prosecutors may do everything possible to seize assets prior to the establishment of a trial. This means that a defendant may be struggling to protect any of their property while mounting a case to defend against these critical criminal charges. The right attorney is a vital asset when preparing a defense involving bank fraud. With so much on the line for your future, you cannot afford to leave this to chance. You need a Fort Lauderdale attorney who is highly experienced with managing bank fraud allegations to begin preparing your defense immediately.

 

 

 


What You Need to Know About Intent and Simple Battery

Being accused of battery in Florida is an unnerving experience and one that should prompt you to contact a criminal defense attorney quickly. Intent is an essential element of a simple battery charge. In order for battery to constitute a crime, there must be a specific voluntary act or something that is substantially certain to result from such an act.

The defendant, therefore, must engage in conduct in which he or she knows that a strike or a touch is certain as a result of their actions or he or she must intend to strike the person. Therefore, accidental touching or touching that is not aimed at making a contact with another individual is often insufficient to establish simple battery charges in Florida.

Whether the person who is accused had the necessary intent, is a question for the jury to resolve by looking at the circumstances and the facts associated with the touching or the striking of the victim. In all prosecutions in Florida, the touching must occur without the consent of the alleged victim or in other words, against the victim’s will. This issue often arises as a complicating factor in allegations of criminal conduct in terms of mutual combat.

You might be curious about how these cases are affected if both parties are involved in the fight.
Mutual combat is a common battery defense that is associated with both parties assenting to a physical altercation and therefore, consenting to be touched, which is not applicable to battery charges. Both parties must be at fault in order for this to apply and the defendant cannot be the primary aggressor or be the one who initiates the fight. Again, the issue of consent is one for a jury to decide and as examined in light of other facts associated with the case. If you have been accused of simple battery in Florida, your willingness to take action quickly by consulting with an experienced criminal defense attorney is vital towards crafting a compelling defense to protect you and keep you out of jail. Do not hesitate to contact a knowledgeable attorney as soon as possible.


What to Expect After a DUI

An arrest and conviction for driving under the influence of alcohol is a frightening and life-changing experience. It’s important to know what to expect after a DUI, especially if it’s your first one, so you can be prepared. You need to adjust to a different way of life now and in the future. Know that many DUI consequences are far-reaching. Here’s what you should know.

Employment

One difficult thing to deal with after a DUI is the effect on current and future employment. Your current employment may be at risk if you take a lot of time off for DUI proceedings. Also, having limited transportation could increase the number of days you take off or arrive late. Future employment is affected because of your criminal record. There are some positions that you may not be eligible for. Take advantage of any job or career programs offered in your area.

Counseling

Often, a counseling program is mandatory after a DUI conviction. The counseling may be specifically for alcohol abuse, or it may be a drug and alcohol combination program. The program will likely be several weeks or months long. Therefore, it’s important to always attend unless you are severely ill. In all likelihood, you will be required to complete the counseling program successfully as part of your sentence. In fact, it’s important that you attend and make arrangements to ensure the program is completed.

Transportation

Unfortunately, transportation can be significantly affected if your license was suspended as a result of your DUI. First, apply for a hardship license that grants you the ability to drive to and from work yourself. However, you may not be approved for this so it’s important to also explore the option of public transportation. Fort Lauderdale has a wealth of public transportation options, but they do cost extra time and money. If traveling by bus to work, plan for delays and allow yourself plenty of time to get there.

Contact a Fort Lauderdale DUI Attorney Today

Arguably the most effective way to avoid life changes after a DUI arrest is to avoid being convicted. An experienced DUI attorney can help. Call Leah H. Mayersohn, Esq. today for a consultation at 954-400-5000.


Defenses Against Dealing in Stolen Property

In the State of Florida, dealing in stolen property is considered a second degree felony. In fact, it is punishable by up to 15 years in prison. The penalties imposed depend greatly on the value of the goods allegedly stolen. If found guilty, this crime significantly impacts your life, career, and relationships. Find out how to fight for a clean criminal record and also defend your rights under the law.

Florida Statutes

Florida defines dealing in stolen property as:

(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082775.083, and 775.084.

Potential Defenses Against Dealing in Stolen Property Charges

If you are charged with dealing in stolen property, there are several defenses to employ. However, these defenses depend on the circumstances surrounding your case. Your attorney will evaluate your case and determine what defenses would increase your chances of success. Potential defenses include but are not limited to:

  • Alleging that you had no knowledge the goods you bought or sold were stolen. You could show purchase records or receipts that show how you came to buy the property. In fact, receipts provide evidence that you didn’t know that the goods you bought were stolen.
  • Alleging that you were given the stolen property. If you did not purchase the stolen goods and came into possession of them through a gift or some other means, you can allege that you had no intention of dealing in stolen goods.
  • Alleging illegal search and seizure. Depending on the circumstances, your attorney could also allege that the police performed an illegal search and seizure of the stolen goods. If it is determined that an illegal search and seizure took place, any evidence — including the actual property — obtained during the search can be suppressed. Then, the prosecution will have a much more difficult time receiving a guilty verdict if they cannot produce the “stolen property.”

Contact Leah H. Mayersohn, Esq. Today

Attorney Mayersohn is an experienced Florida criminal defense attorney who can help you defend against charges of dealing in stolen property. Call now for a consultation at 954-400-5000.


The Basics of Burglary

Burglary is not a charge to be taken lightly and if you are found guilty, you could face serious consequences including imprisonment, fines, restitution, probation, community service, and more. It’s important to work hand-in-hand with a seasoned criminal defense lawyer who can help you advocate for your rights under the law. Here’s what you should know about the crime of burglary.

Burglary Defined Under Florida Law

Florida statutes define burglary fairly simply. In order to be charged with burglary, a defendant must — without permission — enter a building with the intent to steal something or commit any type of felony. Although theft is a misdemeanor, it is considered separate from felonies and included in the definition of burglary. If you do not take any property or commit any crimes, but it can be proven that you intended to do so, you may be charged with burglary.

How to Defend Yourself Against Burglary Charges

There are a multitude of potential defenses to a burglary charge. Which defenses are used depends on the facts of your case and which defense your attorney thinks is most likely to be successful under the circumstances. Defenses can include but are not limited to arguing:

  • Actual innocence
  • Mistaken identity
  • That there is not enough evidence presented by the prosecution to convict the defendant beyond a shadow of a doubt
  • That no crime actually took place because the defendant:
    • Had permission from the owner of the building to enter
    • Never actually entered the building
    • Did not have the intent to steal property or commit a felony while inside the building

When to Hire an Attorney

If you’ve been charged with burglary, waste no time in contacting an experienced criminal defense attorney who can adequately advocate for your rights. At Fort Lauderdale Criminal Defense, we have the skills and resources to help you defend against criminal charges. Our attorneys are dedicated to giving your case the time and attention needed to be successful.

We understand that facing criminal charges is difficult and overwhelming. In fact, we will be there to help you each step of the way. Contact us today for a consultation to discuss your specific needs by calling the office at 954-400-5000.