Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Federal Crimes’

Tattoos and Rap

tattoos in court | Broward criminal lawyer Kenneth Padowitz

Several members of the Latin Kings gang were arrested in Florida for racketeering and other charges. 23 of its members were incriminated in the process of indictment, as associates of one of the biggest and most well organized gangs in the country. The trial sparked controversy and great surprise when the most powerful evidence presented for the case included gang-related tattoos, symbols, and handshakes. People asked, was this a violation of the First Amendment – the right to free speech? Criminal Procedures Guided by Federal Rules Courts are bound by Federal rules of criminal procedure when evaluating and determining when and how they can use evidence in a case. Some submitted evidences may bear insignificant probative value but the defendant may find it highly detrimental to his defense. One example is: a defendant that was arrested for beating up a neighbor does not immediately prove that he also stole a different neighbor’s car. While these two events were unrelated and does not necessarily have bearing for the defendant, the mere presence of sharing the first crime’s incidence with the jury will put the defendant at… Read More

Does the Punishment Fit the Crime?

prison sentence fit the crime? | Broward Criminal Lawyer Kenneth Padowitz, P.A.

Bored, alone, and bound to a wheelchair due to an illness, Ronald, who is already in his fifties, spends most of his time indoors. He is a fairly good and responsible guy, so occasionally, a family member, neighbors, and friends would drop by to check on him, help tidy up his scruffy apartment and give him food and groceries. However, because there was very little to do and he was so bored, he spent most of his time surfing the internet. Because the internet is a world without boundaries, he eventually explored adult pornography and started looking at teenage models and child pornography. He then met someone online whom he exchanged files with on child pornography, not knowing that his activities are already being monitored. He was arrested and was charged with a criminal case for possessing and distributing adult pornography files. It was an automatic five years imprisonment. Now, he is housed in a federal prison under special housing conditions because he is bound in a wheelchair. And because of his illness, he is also undergoing expensive medical services. All of these expenses are… Read More

Embezzlement On Hollywood Insurance Company, Two Nabbed

accused embezzlement | broward criminal lawyer | Kenneth Padowitz, P.A.

Two women from a Hollywood insurance company were arrested for stealing more than $24,578. Giovanna Corina Rodriguez, 31 years old from Hollywood and Nadelie Haston, 41 years old from Pembroke Pines were accused of stealing money that was meant for A AAACE Underwriters Inc. and were arrested last Wednesday. The police said that the two were accepting cash premium payments from customers. They also found out that they have been doing it since May 2014. The police also added that these two women, after receiving the payments, gained access into the insurance company’s computer system. After acquiring access, they falsified the information in the database and indicated that the payments had been received by the insurance company while pocketing some of the money. However, the deposit amounts fell short compared to the recorded amounts, the detectives said. To prove whether they were guilty or innocent, an investigation had been conducted. The police asked several customers of the A AAACE Underwriters Inc. Insurance Company who made payment to the two women accused as a part of the investigation. According to some of the customers, they gave… Read More

Justice System Punishment In The Toilet

 The Corrections system is Broken. Mandatory Minimum Sentences are a bad idea. Total Incarceration does not work. – So Says Two U.S. Supreme Court Justices. Two United States Supreme Court Justices, Stephen Breyer and Anthony Kennedy, gave testimony before a House Appropriations subcommittee on March 23rd, 2015. Justice Kennedy called the corrections system in many respects “broken”. He found lawyers to be ignorant on this corrections or punishment aspect of the justice system. “I think, Mr. Chairman, that the corrections system is one of the most overlooked, misunderstood institutions we have in our entire government. In law school, I never heard about corrections. Lawyers are fascinated with the guilt/innocence adjudication process. Once the adjudication process is over, we have no interest in corrections. Doctors know more about the corrections system and psychiatrists than we do. Nobody looks at it. California, my home state, had 187,000 people in jail at a cost of over $30,000 a prisoner. compare the amount they gave to school children, it was about $3,500 a year. Now, this is 24-hour care and so this is apples and oranges in a way.… Read More

Sports Betting | White Collar Crimes

white collar crimes attorney

Four men have recently been charged by the Florida attorney general’s office with accusations stemming from an investigation looking into illegal sports betting. Racketeering, and illegal bookmaking are said to be involved; Assistant Statewide Prosecutor Jessica M. Dobbins calling it an “extensive case”. The illegal enterprise is said to have managed millions of dollars in illegal betting from sporting events; illegal wagering was placed in person and in some cases with the help of the internet. Details of the investigation were sealed from the public. Erik Bishop, currently living in Parkland, has been charged with racketeering, racketeering conspiracy, numerous charges of bookmaking, bookmaking conspiracy, and the use of a two-way communications device to help facilitate a felony. Michael Dangelo, a resident of Pompano Beach, has been charged with the same crimes as Bishop, with an additional charge of money laundering. Darren Klein, who currently resides in Coral Springs, has been charged with racketeering, racketeering conspiracy, bookmaking conspiracy, money laundering, and the conspiracy to commit money laundering, and the use of a two-way communications device to assist in the facilitation of a felony offense. Darren Klein’s… Read More

Drug Trafficking | State v. Sanchez

Drug Trafficking | State v Sanchez Criminal Defense Attorney

Drug Trafficking Charge Not All Charges Are Equal There are often completely different outcomes in similar criminal cases depending on the statute an individual is charged with. Prosecution must be accurate and precise in their charging decisions. Charging someone with the wrong crime can result in charges being dropped; cases are lost all the time due to technicalities. In State v. Sanchez, Florida’s Fourth District Court of Appeal acknowledges the importance of being charging an individual under the correct statute, but then goes ahead and reverses the trial court’s decision based on an interpretation of the law. Betsy Sanchez, a nurse practitioner, was charged with nine conspiracy and drug trafficking offenses. The prosecution claimed she had been selling prescription drugs, including various painkillers such as Oxycontin. They went further to say that these prescriptions were “written in bad faith and not in the course of professional practice.” At trial, prosecution had a debate over whether the charges filed were correctly chosen; 893.135(1)(c) or 893.13(8). The section under 893.135(1)(c) does not apply to medical practitioners; and penalties range up to first degree felonies. Statute 893.13(8), specifically applies… Read More

Federal Crimes

Fort Lauderdale Criminal Defense Attorney | FBI & Federal Crimes

Federal Crimes What are Federal Laws? Federal laws are passed by Congress and apply throughout the United States, including Washington D.C. Often times, criminal acts are considered offenses in both State and Federal law; prosecutors must then decide whether the perpetrator should be tried in State or Federal Court. Some crimes are written in Title 18 of the United States Code, which is the Federal criminal code; others will be listed under other titles, for example: possession of banned firearms which is listed under the National Firearms Act, and tax evasion are both criminalized in Title 26 of the United States Code. What Does it Mean to be Charged with a Federal Crime? When charged with a federal crime, you will be dealing with local or State law enforcement, along with any Federal agencies (FBI, U.S. Immigrations and Customs Enforcement, DEA, U.S. Secret Service, or Criminal Investigation division of the IRS) involved in the investigation. The FBI is the agency that investigates and prosecutes the majority of Federal offenses. With extensive resources, sweeping authority, and highly trained personnel, these Federal agencies allow the prosecution to… Read More