by seligman | Jun 7, 2012 | Fort Lauderdale Criminal Defense Blog
Your Ft Lauderdale Criminal Defense Lawyer and what to do when you have been arrested. When you're stopped by the police, you run the risk of being arrested or hurt, or both. Most officers will not act improperly, but whether they act properly or not you still need to protect your rights and keep yourself safe. As A criminal defense lawyer I would say this is smart advice so far. Of course , you should contact a good criminal defense lawyer immediately. Playing tough guy will never work to your benefit. Stay calm and be aware of your words, body language, and emotions. Good advise again. The calmer you are, the more the chances the officer may not go ahead with the arrest unless they have a good reason. You certainly do not want a resisting arrest charge and you will always look better on a cooperative police report. Remember the police report is just the beginning. Your bond has to be set and the state attorney will decide whether or not to press charges. Give your criminal defense lawyer help by looking like a steadfast citizen at the arrest. This is always a better bargaining tool. Do not run or walk away. Keep your hands where police can see them. Don't put them in your pockets. (Don't make the police nervous by wondering if you have a weapon.) Don't make any sudden movements. Never touch a police officer. Very good advice. No need to incite or appear like you are becoming violent. The better you look the easier to is to start the bargaining on your behalf. Get...
by seligman | Jun 4, 2012 | Fort Lauderdale Criminal Defense Blog
If you were just convicted of a crime there is a process that may be able to help. It is called the criminal appeals process and is handled by a criminal Appellate court lawyer. A criminal appeals lawyer is admitted to the appellate court and will act on your behalf to prove there was an error in the trial process that allows you to request an appeal of your criminal verdict. When you hired your lawyer and went to court, you hoped for the best, but if the judge made errors or the lawyer dropped the ball on your case and you lost you have a real chance to challenge the judgment or sentence. An appeal looks at what the Judge or the other side did or did not do and another Court examines what happened at trial and look to see if there was enough error to grant a new trial. THE MOST IMPORTANT THING TO REMEMBER IS YOU HAVE SO LITTLE TIME TO FILE AN APPEAL- 30 days from the Judgment or Sentence date There are many reasons for appeal: – The judge gave an illegal sentence – The judge was prejudiced against you, your lawyer or your case – The Judge ruled wrongly on your lawyers efforts to win your case – The judge did not follow the law – The prosecutor or the other side was overstepping his duties or made comments that angered or confused the jury – The Judge ordered improper jury instructions be used Call Guy Seligman, your Florida criminal appeals...
by seligman | Apr 22, 2012 | Fort Lauderdale Criminal Defense Blog
A Florida man was arrested at the airport after he bit off more than he could chew during tax season. Authorities say Marc Saint Juste, 45, of Tamarac attempted to eat fraudulent tax return checks while going through U.S. Customs April 15 at Fort Lauderdale-Hollywood International Airport. Customs officers noticed a bulge in Saint Juste’s pants pocket after he returned from a trip to Haiti, and asked him to remove the item, an envelope, according to the Broward Sheriff’s Office arrest report. If you have been accused of tax evasion I would not try what this gentleman did. It really will not get you off the hook although it is amusing. You will need a good federal criminal defense lawyer. Sometimes with tax evasion you end up biting off more then you can chew when you get caught. Call my law office for a consultation immediately. Now on to this interesting arrest in Florida. This man had stolen tax checks. Well again we have a federal crime. Tampering with the U.S mail is a federal crime and you will need an aggressive federal criminal defense lawyer. Amusing indeed, I would not try this way of getting rid of the evidence. If you are not a citizen this is a serious offense. The charge in this case was rather light. However the risk of deportation becomes another issue. “When asked to turn over the envelope, the defendant refused. The defendant then inserted the contents of the envelope into his mouth,” wrote an arresting officer. Officers recovered 10 checks totaling $62,366.87, made out to residents all over...
by seligman | Mar 7, 2012 | Fort Lauderdale Criminal Defense Blog
Guy Seligman is an experienced Fort Lauderdale Criminal Defense lawyer for traffic and criminal records expungement lawyer in Florida covering Miami, Ft Lauderdale, West Palm Beach, Orlando, Jacksonville, Tampa, and the entire state of Florida. However not all records can be expunged. Below you will find a list of crimes that cannot be expunged or sealed in Florida’ it is important to understand that your criminal history cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or no contest to specific criminal charges . This applies even if adjudication was withheld or you were convicted of attempting or conspiring to commit these specific crimes. The following is a list of crimes was taken from the Florida Department of Law Enforcement’s website: Arson Aggravated Assault Aggravated Battery Illegal use of explosives Child abuse or Aggravated Child Abuse Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult Aircraft piracy Kidnapping Homicide Manslaughter Sexual Battery Robbery Carjacking Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority Burglary of a dwelling Stalking and Aggravated Stalking An act of domestic violence Home-invasion Robbery An act of terrorism Manufacturing certain controlled substances Sexual misconduct with a developmentally-disabled person Sexual misconduct with a mental-health patient Luring or enticing a child Sexual battery Procuring a...
by seligman | Feb 13, 2012 | Fort Lauderdale Criminal Defense Blog
Shoplifting and Teenagers What To Do and What Not To Do If Your Teenager Is Caught Shoplifting We hear it in this law office all the time. "My child was arrested for shoplifting, Can You help"? Of course, we can help defend a child accused of Shoplifting but, there is a bit more to it then that. As a parent there are things you can do that will help your child psychologically. There are some steps you should take. And of course contact a juvenile defense lawyer immediately. Ok, you've gotten a call that every parent would dread. Your teenager has been picked up for shoplifting. This is 'one of those things' that you have always prayed wouldn't happen, but it has. Now you have to deal with it. Here are a few tips to help you get through this trying time. When you first get the call, write down where you need to go to get your teenager and the phone number of the facility. Many parents do not do this and try to figure it out after they have hung up the phone. Avoid this added stress by writing it all down. Avoid confronting your teenager at the scene or facility. It just will not help and could go against both of you if charges are filed. Find out who is in charge and treat this person with respect. Find out if charges are being filed. Write these things down; do not rely on your memory. When you get home with your teenager, take a time out. You will both need it. There is nothing wrong with...
by seligman | Feb 13, 2012 | Fort Lauderdale Criminal Defense Blog
Juvenile Arrest: Rehabilitation, Not Punishment Should be Stressed Why would our government try to hurt kids? Well, kids are being hurt right now. You see, in America punishment, rather than rehabilitation is being emphasized for juveniles who commit crimes. This way of thinking must stop with the addition of rehabilitation and prevention programs for juvenile offenders. States vary in their legal definition of a juvenile. In Illinois, for example, a juvenile is defined as any person below the age of 17. Using each states legal definition, the FBI reported that 62% of juveniles arrested in 1992 were referred to juvenile courts, 5% to a criminal or adult court, 2% to a welfare agency, and 1% to another police agency. The kids sent to adult prisons were eight times as likely to commit suicide. It has also been evident that those kids incarcerated with adults are also more likely to become repeat offenders. Legislation pending in congress now is debating several issues. Among them are weather to have children as young as 13 be prosecuted and sentenced as adults for certain crimes, give prosecutors the discretion to transfer a juvenile to an adult court in certain crimes, and allow juveniles to have incidental contact and in some cases be housed with adults. I take an opposing point of view with that of congress. If a 13 year old is imprisoned, how can he become a functional member of society upon his release? How will he create a positive lifestyle for himself? The real question is: How can he turn in any direction other than that of crime? He simple will...
