Broward Criminal Defense Lawyer - Fort Lauderdale Christian Criminal Defense Attorney

Resisting A Police Officer With Violence in Florida is a Felony Crime. If you are arrested for the crime of Resisting an Officer With Violence in South Florida you should Contact Criminal Lawyer Roger P. Foley. Mr. Foley has offices in Broward and Palm Beach Counties.

Here are some things that you should know about the crime of Resisting an Officer With Violence:

1. Its not hopeless-you can fight your criminal case
2. See Florida Statute 843.01 for full details,
3. Resisting An Officer with Violence is a third degree felony,
4. A third degree felony is punishable by a maximum of five (5) years in a Florida Prison,
5. When Police use excessive force they often claim that the defendant Resisted with
   Violence and the defendant’s resistance is what caused the police to use force against him/her. It justifies your bruises; if you did not resist then they would not have taken you to the ground,
6. To find you guilty of Resisting an Officer With Violence the state must prove 4 elements
   beyond and to the exclusion of a reasonable doubt,
(a). (Defendant) knowingly and willfully [resisted] [obstructed] [opposed] (victim) by [offering to do [him] [her] violence] [doing violence to [him] [her]]. Offering” to do violence means threatening to do violence.   (b). At the time, (victim) was engaged in the [execution of legal process] [lawful execution of a legal duty].   (c). At the time, (victim) was [an officer]][a person legally authorized to execute process].  (d). At the time, (Defendant) knew (victim) was [an officer] [a person legally authorized to execute process].
7. The crime of Resisting an Officer With Violence is an offense that can be sealed or
   expunged from your record if any of the following are true:
   
(a). The state attorney’s office files a No Information-they decline to file official charges. (b). The case is dismissed on a technicality. (c). The case is Nolle Prossed by the State Attorney’s Office. (d). The case goes to trial and you are acquitted of the charge. (e). You receive a Withhold of Adjudication and have no other convictions on your criminal record.
8. Get the notion out of your head that you can’t win. If you did not commit the crime, hire a Criminal Defense Trial Lawyer that will be your voice in the courtroom. Just because a police officer says it is so does not mean that your case is impossible.
9. Hire the best criminal defense lawyer possible to defend you. Remember you can choose the players on your team. Talk to several lawyers and then pick the Criminal Lawyer that makes you feel most comfortable.

If you are charged with Resisting a Police Officer With Violence in Fort Lauderdale, contact Fort Lauderdale Criminal Defense Lawyer, Roger P. Foley. Mr. Foley is an aggressive criminal defense attorney who has a no-nonsense approach to defending his clients. When accepting a criminal case he will do everything legally possible to win your case. If your looking for a criminal defense lawyer that brings his best effort on every case then contact Florida Criminal Attorney, Roger P. Foley. Mr. Foley has been recognized as one of “Florida’s Legal Elite.” Roger P. Foley has also been recognized as a “Florida Super Lawyer.”

Roger P. Foley is a Fort Lauderdale Christian Criminal Defense Lawyer who believes that all things are possible through Jesus Christ.

Possession of Marijuana in Broward County, Florida

Possession of Marijuana Cases in Florida can be successfully attacked when a Criminal Defense Lawyer takes depositions and files motions. The most important motion known to a Criminal Attorney handling drug cases is that of a Motion to Suppress. A Motion to Suppress is where a defendant claims in writing that the police made mistakes in the handling of the case and as a result of those mistakes certain evidence should be suppressed / thrown out. There are always mistakes in criminal cases but the idea is to find mistakes that are dispositive. When a drug crimes lawyer refers to a dispositive motion it means that if granted that the amount of evidence suppressed (thrown out) would make it impossible for the prosecution to go forward in the prosecution of the defendant.


Below is a Motion to Suppress that was successful a few years ago. The names of individuals and basic facts have been changed to keep basic information confidential. The purpose of sharing this is so the non-lawyer may understand that there are issues that may be attacked in his case. The facts of this particular case involve a police officer who stopped the defendant based on a hunch. Although the police officer’s hunch was correct, it was illegal and we were able to win the case. If you are arrested for drug charges it is important for you to know the basic processes involved in fighting your case. All Lawyers are not created equal so be sure to ask your Florida Criminal Lawyer whether he is taking depositions, whether he has filed any motions, and based on the case law whether there are any dispositive issues in your case.

MOTION TO SUPPRESS PHYSICAL EVIDENCE

COMES NOW, the Defendant, JOHN SMITH, by and through his undersigned counsel, and moves this Honorable Court, pursuant to Florida Rule of Criminal Procedure 3.190(h)(1)(A), to suppress any and all evidence obtained as a result of an illegal traffic stop, and as grounds therefore states the following:

THE FACTS

I. The defendant was charged by information with a single count of Possession of Marijuana on March 15th, 2007.


II. Officer Herpes indicates in his Arrest Affidavit that the sole basis for the investigatory stop was that defendant tried to conceal himself from the Officer by squatting down inside his parked vehicle.


III. At the time of the investigatory stop, Defendant’s vehicle was legally parked on the side of the road.


IV. Officer Herpes alleges that he made a routine traffic stop of a vehicle that was legally parked and not in operation. The Defendant had not committed a traffic infraction.


V. During his deposition, Officer Herpes, indicated that the main reason he stopped the defendant was because the defendant tried to conceal himself when the officer drove by in his marked patrol vehicle.


VI. Officer Herpes had a “hunch” or “gut feeling” that the defendant was up to no good or that a crime was being committed.


VII. As a result of the illegal stop, Officer Herpes observed several prescription bottles inside the vehicle; one bottle containing several marijuana cigarettes. The Defendant was subsequently given a arrested for Possession of Marijuana.

MEMORANDUM OF LAW

The Supreme Court of Florida has held that “stopping an automobile and detaining its occupants constitutes a seizure within the meaning of the Fourth Amendment to the United States Constitution.” State v. Jones, 483 So.2d 433, 435 (Fla. 1986). A vehicle stop is lawful if it is predicated on a founded or reasonable suspicion, that requires further investigation to determine whether the occupants of the vehicle have committed, are committing, or are about to commit a crime. Popple v. State, 626 So.2d 185 (Fla. 1993); Batson v. State, 847 So. 2d 1149, 1150 (Fla. 4th DCA 2003). Such suspicion must be articulable and based on objective facts. Id. Behavior which may be suspicious but not demonstrably or conceivably criminal is not sufficient to establish founded suspicion for stop, even in a high crime area. Hills v. State, 629 So.2d 152 (Fla.1993). At bar, the defendant did not commit any traffic violation or crime that would give Officer Herpes probable cause to make an investigatory, however, Officer Herpes states in the Arrest Affidavit, that he was making a routine traffic stop.


When an investigatory traffic stop is not based on reasonable suspicion, it violates the Fourth Amendment and is unlawful, making evidence obtained as a result of the stop inadmissible as “fruit of the poisonous tree .” Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). The officer, in this case, had absolutely no reason to stop the defendant. The defendant’s vehicle was parked legally on the side of the road and there were no visual infractions observed by the officer.


Whether there is reasonable suspicion for a stop depends on the totality of the circumstances. Walker v. State, 846 So. 2d 643, 645 (Fla. 2d DCA 2003); Grant v. State, 718 So. 2d 238, 239 (Fla. 2d DCA 1998); State v. Kibbee, 513 So. 2d 256, 258 (Fla. 2d DCA 1987). At bar, there is one reason that Officer Herpes stopped the defendant and that was because he believed that the defendant ducked down or tried to conceal himself when the officer passed by in his cruiser. As a result, Officer Herpes became suspicious that something was not right or that a crime was being committed. In Belsky v. State, 831 So. 2d 803 (Fla. 4th DCA 2002), the court held that bare suspicion or a mere “hunch” that criminal activity may be occurring is not sufficient. Similarly, here, we argue that Officer Hernandez did not have reasonable suspicion to do an investigatory stop of the Defendant-he stopped the Defendant based on a hunch. The defendant’s car was legally parked on the side of the road in Broward County. Furthermore, the defendant was not committing a traffic violation nor could the police officer determine that a crime was taking place based on the totality of circumstances. Even if, as stated by the officer, the Defendant tried to “hide or conceal himself” the officer would still lack reasonable suspicion to begin an investigation.


         WHEREFORE, the Defendant, JOHN SMITH, respectfully moves this Court to suppress any and all physical and testimonial evidence obtained which relates to the defendant on the night of his arrest including but not limited to any statements made by the defendant to the Officer, any observations of the defendant by any officer, and all other evidence obtained as a result of his unlawful seizure, more specifically the seizure of marijuana.


Now you have seen a basic motion to suppress by a Broward Criminal Defense Lawyer who handles Drug Crimes in Broward. This Motion led to all charges being dismissed against the defendant. Whether you are charged with Possession of Marijuana in Broward, Cultivation of Marijuana, or Drug Trafficking of Marijuana in Broward County, you should contact a Criminal Defense Attorney with experience in handling all drug crimes. Remember you can choose who is on your defense team. Ask questions of your criminal lawyer and make sure he is capable of properly defending drug cases in Broward County. No criminal lawyer can give you a guarantee but they can give you basic information about the process and tell you if the case law is on your side. Ask questions and never assume anything. Mr. Foley meets with prospective clients for a free consultation.


Mr. Foley is a Christian Lawyer and is available to speak at your church or group organization meeting. Mr. Foley is a guest lecturer at schools, churches, and other organization wherein individuals wish to further understand their rights in the community. Mr. Foley can be reached at 954 467-2946

Charged with DUI? Get a DUI lawyer immediately

If you’re involved in a DUI accident, the consequences can be disastrous. Whether there is a fatality, severe injury, minor injury or simple property damage the consequences can be long lasting. It is therefore, important to contact the DUI lawyers of Fort Lauderdale who have the passion and experience to advise you of your legal rights and prepare a proper defense of your case.

Penalties

The penalties for driving under the influence vary with state, and include hefty fines, license suspension, license revocation, and jail. A law enforcement officer can arrest you and ask you to undergo a field sobriety test if he feels that you are under the influence of alcohol or any other illegal substances. Field exercises and the breath test are voluntary and you should seriously consider that they will be used as evidence against you in a court of law. Why would you voluntarily give the prosecution anything that they could you against you? Refusing a breath test for the first time may result in a six (6) month drivers’ license suspension but will be eligible for a hardship/business drivers’ license after 90 days. The dl suspension is not criminal in nature so it is something you should consider. When you’re involved in such accident, contacting DUI lawyers in Fort Lauderdale is of the utmost importance if your desire is to fight your criminal case. It would be extremely arduous for someone who doesn’t have any legal education to handle an intricate DUI case without a skilled DUI Lawyer. Not all lawyers focus their practice on DUI so you should look for a DUI lawyer that has up to date knowledge of the existing changes in the law and who devotes a significant portion of their practice to the defense of persons charged with driving under the influence.

The Bottom Line

The best way to explore the network of DUI lawyers in Fort Lauderdale is through a reliable reference, someone who understands that each jurisdiction has particular rules and players and it is essential that your defense lawyer knows them. Keep in mind that you do not need a lawyer, you’re searching for a Fort Lauderdale DUI lawyer who practices particularly in the DUI/DWI subject area.