Criminal Defense Attorney | Criminal Defense Law | Page 8 of 8 | Blog Published By Kenneth Padowitz, P.A.

Jury Trial | Simulations vs. Animations

Court animation | Fort Lauderdale Criminal Defense Attorney

Computer “Animations” vs. “Simulations”: Why Attorneys Need to Know Difference Imagine being in court ready to present a topnotch animation created by a professional litigation graphics company. The opposing counsel jumps up to say, “Your honor, we object to this animation since there is no foundation that it’s identical to what happened, it will confuse the jury, and it does not meet the scientific evidence requirements for admissibility.” How should you respond? If you know the difference between a computer “animation” and a computer “simulation”, then the answer is simple. In a jury trial, simulations are far harder to get into evidence then an animation. The difference boils down to this, if the presentation is used to simply illustrate an expert’s or witness’s description of what happened, then that’s an animation and therefore considered demonstrative evidence only; i.e. it shows real evidence, but is not evidence itself. If a computer model or program tells him or her what happened, that is a simulation hence it’s “real evidence” requiring all the levels of foundation and acceptance of methods used by the expert to create the simulation… Read More

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Solicitation and Prostitution

Solicitation of Prostitution Defense Solicitation of prostitution and other related charges are often embarrassing to the defendant and many times damage their personal/work relationships. If you have been arrested for offering to exchange money for sex, whether it was an undercover agent or because of involvement in a sting operation, it is imperative to find an aggressive attorney who has experience in defending these types of cases. A good defense starts before the State Attorney’s Office even has a chance to file the charges it has received from the arresting officer. Those arrested in cases of this type may be charged with one or more of the following: 796.04: Forcing, compelling, or coercing another to become a prostitute 796.045: Sex trafficking; penalties 796.05: Deriving support from the proceeds of prostitution 796.06: Renting space to be used for lewdness, assignation, or prostitution 796.07: Prohibiting prostitution, etc.; evidence; penalties; definitions 796.08: Screening for HIV and sexually transmissible diseases; providing penalties 796.09: Coercion; civil cause of action; evidence; defenses; attorney’s fees The rate of arrests for prostitution-related cases has been steadily decreasing in the State of Florida, since… Read More

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Search And Seizure | Appeals Court Decision

Search and Seizure | Fort Lauderdale Criminal Defense Attorneys

The Search and Seizure Law | When Does It Apply? The Fourth Amendment of the Constitution protects its citizens by placing limits on the power of law enforcement to search people and their property, seize objects, or make arrests. These checks and balances are put in place to ensure that we as American citizens have the right to a certain degree of privacy. The Fourth Amendment protects us against any unreasonable searches and seizures by the government, both state and federal law enforcement. If there is probable cause of a crime committed, or a Judge has issued a warrant, police may override your right to privacy and conduct a search of you or your property. As long as an individual has a legitimate expectation to privacy, the Fourth Amendment applies and is there to protect you. Unfortunately, the meaning of what is written in the constitution and it’s amendments, is up to interpretation. Unreasonable, and legitimate expectation to privacy can mean completely different things to two individuals. This is where the important role of the judicial branch of the government comes in; to interpret the… Read More

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Texting while driving laws to be enhanced if bill passes

If a series of bills pass the Legislature this spring, Florida’s texting while driving law could hold more weight. Two state representatives and one state senator have filed bills that would beef up existing legislation about using a cell phone while driving. Texting while driving would become a primary offense, as well as adding a penalty for drivers using their phones in a fatal crash, possibly even being considered vehicular homicide.“We have an epidemic across this country and in Florida of distracted driving and it’s getting worse. It’s a free-for-all out there, said Rep. Irving “Irv: Slosberg, D-Boca Raton. Praise has come from across the state regarding the bills for enhancing existing statutes, but encourage further education to keep drivers safe on the roadways. “It is very difficult for officers to enforce Florida’s ban on texting while driving. There are a number of caveats written into the law that make exceptions for when a person can use a mobile device with the vehicle in motion,” wrote Cape Coral Police Sgt. Dana Coston in an email. “An officer has to be able to testify that the action… Read More

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Plea deal ends Florida ‘warning shot’ case

Stand Your Ground In a case that garnered all of its attention due to a “stand your ground” defense, has ended via a plea deal. A women accused of firing a gun at her estranged husband and his two sons in what she claimed to be self-defense, arguing that she feared for her life before discharging the weapon. Marissa Alexander is charged with three counts of aggravated assault with a deadly weapon for the 2010 shooting. She will receive credit for the 1,030 days she has already served, under the deal with the prosecutors. Had the 34-year-old Alexander, of Jacksonville, been convicted of all counts at her second trail in the case, she would have had to serve 60 years because of Florida’s minimum-mandatory sentencing rules when a firearm is involved. A jury deliberated for just 12 minutes during her first trial, before delivering a guilty verdict. Under Florida Law, anyone who fires a gun during a commission of a felony is subject to a minimum of 20 years in prison, which was her original sentence. Alexander’s conviction was overturned 21 months into her punishment,… Read More

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Mistaken Police Officer

Mistaken Police Officer Now An Exception to Unreasonable Search The United States Supreme Court has ruled that a police officers good faith reasonable mistake on the law does not run afoul of the 4th Amendment to the constitution that bans unreasonable searches and seizures. In Heien v. North Carolina, the Court in a 8-1 decision written by Chief Justice Roberts that searches and seizures based on an officer’s reasonable misunderstanding of the facts has been permissible for a some time. Roberts stated that same reasoning should apply to mistaken interpretations of the law. In a case from North Carolina based on a 2009 traffic stop from a broken brake light, the court expanded further into the erosion of our fourth Amendment protections of civil liberties. A police officer pulled a car over for a broken brake light not realizing the state law allowed only a single working light, which this car had. Sgt. Matt Darisse conducted the traffic stop of the vehicle that Nicholas Hein had been sleeping in the back seat as his friend drove. Hein, who was the cars owner, agreed to a… Read More

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Blood Alcohol Content: A Standard Measurement for Law Enforcement in DUI Investigations

Blood Alcohol Content: A Standard Measurement for Law Enforcement in DUI Investigations What is Blood Alcohol Content? Alcohol gets absorbed into our blood through our intestines and stomach lining. BAC is a measurement of how much alcohol has passed through and is now flowing in the blood throughout our entire body. A Breathalyzer test is often used by law enforcement and is considered a standard tool to measure BAC; it is considered accurate enough to be allowed into evidence into a court of law. Every 45 minutes, someone in the United States is killed from an alcohol-related automobile accident. Blood Alcohol Concentration (BAC) Typical Effects Predictable Effects on Driving .02% Some loss of judgment Relaxation Slight body warmth Altered mood Decline in visual functions (rapid tracking of a moving target) Decline in ability to perform two tasks at the same time (divided attention) .05% Exaggerated behavior May have loss of small-muscle control (e.g., focusing your eyes) Impaired judgment Usually good feeling Lowered alertness Release of inhibition Reduced coordination Reduced ability to track moving objects Difficulty steering Reduced response to emergency driving situations .08% Muscle coordination… Read More

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