She was originally charged in the manslaughter of 19-year old Jessy Calvin Pitts and 17-year old Taylor Rae Brennan, who were killed in a car accident on the night of January 11, 2009, just after leaving the party hosted at Santarelli’s home. She was found not guilty of those two more serious counts, and was subsequently charged with misdemeanor contributing to the delinquency of a minor and misdemeanor hosting an open house party.

Pitts had been seen at the party doing shots of rum with Santarelli. He later got behind the wheel of his 1991 Thunderbird to drive Brennan home. Deputies initially stated that although friends tried to stop him from diving, Santarelli did not. His blood alcohol level was more than twice the legal limit at the time of his death.

The party wasn’t a one-time event. According to investigators, Santarelli allowed similar parties at her home for a period of about four months, parties where kids had access to alcohol, marijuana, and nitrous oxide.

Judge Watson said about the case that it was “probably the egregious case of contributing to the delinquency of a minor that I have had experience with in my 50 years as a lawyer—and as a judge, public defender, and prosecutor.”

In misdemeanor cases, one year is the maximum allowable sentence. It’s quite rare that someone is sentenced to the maximum. But in this case, the judge obviously thought it was warranted. Though Santarelli didn’t make the kids drink, she had a responsibility as an adult to not provide such substances either. Contributing to the delinquency of a minor is the applicable charge when an adult would provide such substances or otherwise encourage or enable such behaviors.

Florida doesn’t have a specific “social host” law that some other states have that are more specific, and tougher with regard to adult responsibility for teens drinking under their watch. These charges are pretty rare when compared with other alcohol-related charges—DUI, of course, being the most common.

Like Santarelli’s charges, DUI is a misdemeanor. But for a first offense, you will only face up to 180 days in jail, along with probation, fines, driver’s license suspension, community service, DUI school, and the risk of having your vehicle impounded.

Such penalties cannot be taken lightly.

If you are accused of any alcohol related crime, you need someone on your side willing to advocate for your best interests, to work to get you the best results possible on your day in court. Contact our offices today for a consultation on your case.

Jailhouse informants are those currently incarcerated who come forward in another criminal case with crucial information. The weight of their testimony varies by the jury or judge hearing the case and the information they are presenting. Sometimes, however, their input could lead to a conviction.

In the case of Chad Heins, two jailhouse informants help send him to prison for a murder he didn’t commit. He would serve 11 years before being exonerated. William Dillon would spend 20 years wrongfully incarcerated for murder after being implicated by a jailhouse informant. Wilton Dedge was convicted of rape and also served 20 years at the hands of a similar snitch.

Inmates and people who are facing current criminal charges often have additional incentive to lie in against another defendant. They are often given payment in the form of parole or reduced charges in their own cases by prosecutors. This, no doubt, doesn’t help increase their accountability.

According to the Orlando Sentinel, two University of California-San Francisco psychologists conducted a study which found inmates to be very good liars. They were very successful at deceiving people in the study.

The Innocence Commission is pushing for legislation that would require a sort of reliability test for such witnesses/informants. Currently, Illinois is the only other state with such a law. Florida currently requires such a test for scientific evidence, but none for testimony from witnesses or informants.

If passed, the Commission’s legislation would require a judge to conduct a hearing on the reliability of the informants. They would take things like criminal history and pending criminal charges into account. If the witness was made promises in exchange for their testimony, that would no doubt play a role in the judge’s ultimate decision.

The Commission is also considering language in the legislation that would require juries to be informed about the questionable reliability of a jailhouse informant’s testimony. This would be true in murder cases and drug cases alike—anything that required the use of such an informant.

In Texas and California, all testimony from such witnesses must be corroborated before being allowed. Just two weeks ago, the Commission backed away from such a rule in Florida.

There is no sure way to know who is telling the truth and who is lying when in court. Even lie detector tests aren’t completely reliable. This is why it can be so frustrating to tell the truth and not be believed.

If you are facing criminal charges and worried about your accusers reliability or whether anyone will believe your side of the story—contact our offices today to discuss your case.

According to the report, beginning in 1999, state lawmakers repaid the two state police unions for support by giving them prominent placement in the commission.

Ernie George was then the president of the Police Benevolent Association. He was given a seat on the commission by former Governor Jeb Bush as a sort of thank you for union endorsement of his campaign. George is still on the commission today, as the chairman, incidentally in the spot that is saved for a “Florida citizen”.

Police unions are designed to organize the interests of the officers on the various law enforcement forces throughout the state. They get much criticism for seeming to back officers even when they are accused of completely unethical acts, no matter how strong the evidence against them is.

It seems this behavior may have moved over to the Criminal Justice Standards and Training Commission as the union members did. The Commission is frequently criticized for doing nothing to ensure ethics among law enforcement in the state. Data shows a 20% drop in the number of police officers losing their certification since 2000.

Supporters of the way things are say that the board is simply using more lenient judgment, not taking away certifications for violations that aren’t glaring. In other words, they look for officers that are “salvageable” despite their violations.

These supporters say that the board needed more union-types, more “street-level officers” to counteract the harsher discipline more frequently handed down by chiefs, sheriffs, and other administrative types.

“Eight of the 19 commission members have current or former ties with a union,” says the Herald-Tribune. This means almost half of the commission members may be incapable of rendering an unbiased opinion about a police officer’s possible violations.

The police are tasked with enforcing the laws and (arguably) protecting the people. But these men and women are only human, subject to error and law violations themselves. When the people cannot trust a commission designed specifically to police the police to do so without bias, how can they be expected trust the police at all?

When you are accused of a criminal offense, it’s not unusual to be leery of everyone in the court system. The cops certainly didn’t have your best interest in mind and the prosecutor is interested in a conviction. Your defense attorney is often your only advocate.

If you are accused of violating the law, contact our offices today for a consultation on your case.

Calling it a “pattern and practice” probe, the agency will try to determine if “systemic flaws made shootings of black men more likely, rather than unfortunate, last-choice actions, as the officers’ supporters maintain.”

The strain of shootings began in July 2010 in the Overtown area. Though the official word from MPD said that DeCarlos Moore was killed as a result of a turf war, family members and community leaders began questioning the police’s version as the killings continued.

The NAACP and the ACLU called on a federal investigation early this year and Representative Frederica Wilson also asked for help from the Justice Department. Upon hearing the announcement last week, Wilson said the move was a step in the right direction. She also said “I want Miami police to respect each other, and drop the racist tactics in training.”

It’s important to note that this is not a criminal investigation and no one will be charged as a direct result of this particular investigation. These shootings are also under investigation by the Miami-Dade State Attorney’s Office. If criminal charges were to arise, it is this investigation from the State Attorney that would birth them.  Instead, the DOJ’s investigation in to determine what, if anything, needs to change in the training and procedural practices of the department.

Family members of those eight men shot and killed by police were relieved to hear of the investigation. Many of these men were unarmed when shot and their families still grapple with the version of events handed down from the city.

This isn’t the first time the feds have moved in to investigate this city’s police department. In just 2002, there was a much broader investigation. In 2003 this investigation concluded that MPD had “serious flaws in the way it conducted searches and seizures, used firearms, defined use of force, and worked with police dogs.” Like the current investigation, this one started after several questionable police shootings.

Regardless of what neighborhood you live in or the color of your skin, it would be nice to be treated respectfully by the police and it would be reassuring to have some faith that they had your best interests in mind. This isn’t always the case, however. If you are facing criminal charges and have questions about the way you were treated or how the charges came to be, contact us today for a free consultation on your case.

Friday morning at least six protesters were arrested in front of Curtis Hixon Waterfront Park and according to 10 News, more arrests were expected before days end. Their crime is violating a city ordinance that bans people from occupying city sidewalks without a permit.

“I was mocking them left and right,” said one protester who couldn’t believe he wasn’t being arrested. Nick Windholz marched with several other Occupy Tampa protesters down to police headquarters Friday morning following the arrests of his fellow sidewalk protesters down at Curtis Hixon.

Windholz reportedly called the police “Gestapo” and repeatedly chanted “TPD is oppressing me.” He ended his protest, laying prone with his hands behind his arrest on the floor of headquarters. The police refused to arrest him, despite his encouragement.

City officials say they’ve been more than accommodating, allowing Occupy Tampa protests to go on without any permits.

Another ordinance, one that bans being in city parks after 10 p.m., has kept protesters from camping in the parks. As an alternative, “police have told protestors” to sleep on the surrounding sidewalks, asking for at least a 4 foot buffer between sleeping bags and the street. Early in the morning, the police were waking the protesters and ordering them to pack up camp and move back into the park.

If this sounds a little cozier and friendlier to you than other Occupy protests around the country, you’re not alone.

Apparently it was somewhere during this morning move from sidewalk to park that the arrests occurred. A spokesperson for TPD said officers had been trying to move the protesters from their sidewalk location since 6 a.m. before finally making arrests closer to 9.

Not all protesters were arrested, only those with excess camping materials. “The people with sleeping bags and a lot of stuff, that’s where we’re stating,” said Andrea Davis.

Protesters aren’t discouraged by these latest arrests, while reports say hundreds have been present for weekends past, they are hoping for over 1,000 to converge on the city this weekend. It isn’t clear how the city plans on dealing with the increased numbers, though more arrests are likely. Violations of city ordinances and possibly disorderly conduct charges would not be out of the question.

If you’ve been arrested at any of the Occupy protests throughout the state, contact our offices today to discuss the charges against you and how we might be able to help.

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More on what to do if you are arrested in an occupy protest here.

False confessions are more common than most people realize. According to The Innocence Project, in about 25% of all cases involving DNA exoneration the freed former-convict had confessed to the crime they were actually innocent of.

For people who have never been interrogated, this can seem crazy. After all, why would you admit to something you didn’t do, especially when it is a criminal offense?

Police interrogations are tense situations. The police enter that room with one thing in mind—getting a confession. The person in custody is someone they already suspect of a crime and a confession would affirm their suspicions and significantly ease their case. University of Virginia School of Law Professor Brandon Garrett says some detectives will use deception, fake promises, and threats as a means to that end.

Currently there is no statewide policy on interrogation practices. While the Fort Lauderdale, Delray Beach, and Boynton Beach Police Departments join the Broward Sheriff’s Office in requiring all interrogations to be recorded, other departments across the state do not.

Not only does a recording of the interrogation provide record of what happened, it keeps the detective honest and allows the department to monitor how their officers are handling these encounters that often take place between only two people.

The goal of the Innocence Commission is to keep innocent people from being convicted of crimes and to give those who’ve already been convicted an avenue to justice. By addressing some of the known trouble-areas of criminal prosecution, they can reduce the likelihood that someone will spend time in jail for something they didn’t do.

False confessions are typically done without a lawyer present, when a suspect is interested in putting the whole thing behind them and they honestly believe that confessing will allow them to leave the stressful environment of the interrogation move. While this is true, the jail they are moved to is rarely a better place.

When you are accused of a criminal offense and unsure of how to handle all the questions from police, contacting a criminal defense attorney can help you make more well informed decisions. Call our offices today to discuss the details of your case and how best to proceed.

Exposito has worked for the city for 37 years, being named as chief in November 2009. In the less than two years that he’s been running the Department, however, his leadership has been continually questioned.

While under his leadership, the city has seen a significant number of police killings of black men, particularly in the Overtown area. In August 2010 alone, three men, a 21-year old, a 19-year old, and a 16-year old, were all shot and killed by police. The month before, another black male was shot and killed by police who said he reached for something in his car during a midday traffic stop; no weapon was found.

January 2011 was another busy month for the Chief as he continued to accuse Mayor Regaldo of meddling in a case concerning illegal gambling machines, announcing that he had turned over information to federal law enforcement about the Mayor. Also in January, City Manager Tony Crapp Jr. hired a former FBI agent to review the policies and practices of the department; Exposito was the subject of a commission meeting where Commissioner Richard P. Dunn tried to get the chief fired; and another black man was shot and killed by police in Overtown.

Exposito was scheduled to retire in January 2012, though he had vowed not to leave. The city had been looking for a replacement since his retirement was announced, and the search will continue now that he may be leaving before then.

In Martinez’s letter of suspension, two particular reasons were mentioned for the suspension. First, that Exposito failed to follow an order to not demote three officers, stripping them of their responsibilities anyways. He is also accused of ignoring repeated requests to get overtime expenses under control, expenses that are currently $1.8 million over budget.

Exposito is under a gag order about the suspension at this time. At the Commission meeting that will happen within coming days, the Commission can determine whether or not Exposito’s removal is warranted. If they determine it isn’t or if Exposito fights the removal (which he is expected to do), the change will not likely go smoothly.

When there is a shakeup in the administration of a police department, it can be felt through the ranks. Miami police have been no stranger to controversy in the past year and the citizens of the city aren’t exactly feeling confident in them as a result.

Thousands of unmarried couples who are living together in Florida may be surprised to learn that they are actually breaking the law. Under outdated and rarely enforced state laws that have been on the books since the late 1800s, “cohabitation” is actually a second-degree misdemeanor, punishable by $500 or up to 60 days in jail. [...]

via Florida Republicans Fight To Keep ‘Cohabitation’ Of Unmarried Couples Illegal.

What is fascinating about this is that it came out via an effort for one Republican lawmaker to streamline a number of Florida’s outdated criminal statutes such as this one.

Yet, Rep. Ritch Workman, A Republican from Melbourne is getting resistance from extreme social conservatives like Rep. Dennis Baxley from Ocala, who is quoted as saying “I’m not ready to give up on monogamy and a cultural statement that marriage still matters”.

Governor Scott appears unwilling to take a position on repealing the state’s criminal laws on adultery and cohabitation. No doubt reform would be on the fast track if police arrested Lebron James for violating the cohabitation law.

also via the Sun Sentinel.

Currently, there are 63 cases of police shootings that are unresolved in the state attorney’s office. These are cases that are still being investigated to determine if the shooting was justified. Twenty-five of these cases involve fatalities.

State Attorney Kathering Fernandez Rundle shoulders much of the blame for these lengthy investigations. Her officer blames heavy caseloads and a desire to be completely thorough, though others say the State Attorney’s office simply likes to wait it out for controversy to die down about these particularly difficult incidences.

Rundle has held her position as State Attorney for 18 years and in that time she has never prosecuted a police officer for killing someone. All of the shootings have been ruled justified.

Just this Memorial Day, a Miami police shooting went viral on YouTube, showing Raymon Herisse being killed in a barrage of police bullets during Urban Beach Week. The police haven’t released any information from this case to the public, let alone Herisse’s family. If his case follows the same route as so many others, it might be 5 years before anything is decided.

In some cases, the process takes so long, the grieving family has no choice but to move on with their lives, feeling like the system is hiding something or simply doesn’t care about the people who have been killed by police. Family members of Joseph Lumpkin, who was killed over three years ago and remains an open case, have long since given up on obtaining reports or even getting answers from police or the state attorney’s office.

The delays have fostered more distrust in communities where police relations are already fragile. When the police can kill a citizen, justified or not, and be cushioned by a secretive investigation that never ends in punishment, it’s not a stretch to imagine that at least some of those investigations may be protecting the officer more than the general public.

While there’s no law or even no uniform way of conducting these types of investigations, there is a standard practice. Interestingly, when a Miami police officer shoots and kills someone, the investigation into the killing is done by their coworkers within the Miami homicide department. Then the reports are handed over to the state attorney’s office, hardly a formula for fair and unbiased investigations.

Police shootings are at the far end of the spectrum when it comes to police behavior. But police misconduct and even simple unfair treatment by the police happens all the time. Often the police make a mistake and infringe upon the rights of the citizens they are tasked with protecting. When you face criminal charges and the police violate your rights, this could be an avenue for having evidence suppressed and possibly the charges against you dropped.

Prosecutors and groups like the FDLE, Florida Sheriff’s Association, Florida Police Chiefs Association, and Florida Prosecuting Attorneys Association stand behind new safeguards to ensure identifications are done in the most reliable manner possible. But they aren’t mandating the new procedures, merely urging them.

One lawmaker would like to see the new safeguards be mandated statewide. Senator Joe Negron (R-Stuart) proposed legislation earlier this year that ultimately failed in the House. He believes the new alliance is a step in the right direction and says, “the legislature should and will pass legislation setting uniform statewide minimum requirements for eyewitness identification, including neutral administration of lineups.”

Law enforcement agencies aren’t convinced legislation is necessary. “Having law enforcement take ownership of the eyewitness identification issue and lead in the efforts to improve procedures is a strong step forward in assuring that justice is served in every criminal case,” says State Attorney Michael McAuliffe.

The new procedures are designed to give witnesses the most open and unbiased environment for making an error free identification. They include composing more fair lineups, recording the certainty of the witness, and ensuring the police do not influence the identification process in any way.

The Palm Beach Post points out one failed lineup where witness claimed to see a man with a neck tattoo commit a robbery. When given a lineup in which to identify the suspect, all witness chose the only photo in the lineup with a neck tattoo. That man served prison time before the actual offender was caught and his DNA was linked to the robbery.

Cases of mistaken identity are likely more common that you would think. Though not all of them make it all the way to a conviction, many people are brought in for questioning, jailed, and even charged with a crime in Florida before the mix-up is fixed. This can be a life changing experience when you are the one wrongfully accused.

If you are accused of committing a criminal offense and are not guilty of the charges against you, you know how frustrating this sort of thing is.