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Blog

» Federal Judge Speaks out on Mandatory Prison for CHILD PORNOGRAPHY

» DRIVING WITH CONCEALED FIREARMS

» Kaitlyn Hunt – Why this Happens

← Older posts

Federal Judge Speaks out on Mandatory Prison for CHILD PORNOGRAPHY

Posted on September 23, 2013 by Steven Gomberg

VOICES OF REASON ON CHILD PORNOGRAPHY; SENTENCING GUIDELINES;
and THE LEGISLATION OF PUNISHMENTS

9/23/13

I happened to be in the courtroom of Judge Charles Burton this morning at a sentencing hearing for William Stewart on pending State child pornography charges. The relevant background of Mr. Stewart and his case can be found in the article below.

Bottom line is that Stewart, an eminent oceanographer, ONE OF THE ORIGINAL EXPLORERS OF THE Titanic wreckage, and 62 years of age, got nabbed for downloading child pornography on his home computer by a trolling Boynton Beach Detective. He was indicted in Federal Court and eventually entered a plea of guilty. On January 22, 2013, he faced sentencing before Judge Kenneth Ryskamp, a veteran Federal Judge for the Southern District of Florida. Mr. Stewart was facing a minimum 12 year sentence under the Federal sentencing guidelines. Judge Ryskamp sentenced him to “only” seven years, but his remarks in doing so, are worthwhile reading, and are attached to this comment.

Incredibly, even though the Federal United States Attorney declined to appeal the Judge’s departure sentence, our State Attorney David Aronberg’s office decided the Mr. Stewart had been insufficiently punished and filed State charges for the same conduct. Mr. Stewaret’s sentencing in State Court was this morning and Judge Burton read into the record Judge Ryskamp’s remark; rejected the State’s call for additional years’ and sentenced him to concurrent time on the State’s charges hoping to assure that he spend no more time incarcerated than the seven years he already is serving.

JUDGE RYSKAMP’S REMARKS
http://tinyurl.com/o3r5ayz

BACKGROUND ON DR. STEWART’S CASE

http://articles.sun-sentinel.com/2012-09-26/news/fl-titanic-child-porn-state-charges-20120926_1_william-kenneth-stewart-state-charges-federal-court

Posted in criminal attorney west palm beach, criminal defense attorney west palm beach fl | Tagged child pornography, kenneth ryskamp, kiddie porn, mandatory sentencing | Leave a comment

DRIVING WITH CONCEALED FIREARMS

Posted on September 16, 2013 by Steven Gomberg

One of the strangest situations I routinely encounter as a criminal lawyer here in West Palm Beach involves the crime of Carrying a Concealed Firearm. The fact is that few people understand the law and this includes quite a few police.

It is a felony in Florida to carry a firearm which is concealed from the ordinary sight of others unless you hold a valid permit to do so.

What many do not know is that, even without a carry permit, Florida allows the carrying of firearms weapons in a broad range of circumstances.  This is because an exception to the law applies to firearms that are “securely encased” which makes them not “readily accessible”. As to your vehicle, the term “securely encased” has been interpreted by the courts to include firearms which are in the car and in a closed center console or glove compartment; in the trunk; or in a closed case, such as a dedicated gun pouch or even a closed briefcase or pack.

People who are complying with the law who get stopped by police for routine traffic stops often tell the officer they have a gun in the glove compartment or the trunk only to find themselves falsely arrested.

 

 

Posted in Concealed weapon, criminal attorney west palm beach, criminal defense attorney west palm beach fl, criminal lawyer west palm beach fl, criminal trial lawyer west palm beach fl | Tagged carrying concealed, Palm Beach concealed firearms, west palm beach concealed firearms | Leave a comment

Kaitlyn Hunt – Why this Happens

Posted on August 19, 2013 by Steven Gomberg

I remember decades ago, when I was a prosecutor here in West Palm Beach. I was involved in Citizen Intake (yes, citizens could actually call the State Attorney) and received a call from a somewhat out of breath young male person asking me what the age of consent was. I do not remember what my answer was, but I was always impressed that he thought to ask.

Things have chugged along since then but one thing has not changed. Teens do not ask law enforcement if its ok to have sex. The problem now is that we insist on keeping laws on the books that no longer reflect the practices and attitudes of modern life.

It is a lot easier, politically, to simply fail to enforce such laws than to actually advocate for their repeal. The problem is that a law that is not uniformly enforced, is, in effect, not a law equally applied to all, but a choice being made to prosecute some but not others. These choices are inherently going to be made on the basis of considerations that often cross the lines of reasonableness and fairness. In other words, if we are not going to go after every 18 year old who has sex with someone 13 to 15 years old, we are making a choice to only go after certain 18 year olds who do so. To the extent these choices are going to be made by police or and/or prosecutors, they will reflect more about the people making the choices than about the people being charged.

In regard to this case and others, prosecutors and criminal defense attorneys know that, by and large, where these cases make it to court, it is often on the insistence of the younger child’s parents. Thus we have a law that punishes those who run afoul of the parents of their consenting sex partners. My experience is that often these parents (or the parent as it is often a single parent situation) are exorcising a fair amount of guilt over their own parenting when they insist on seeing the life of another young person ruined. More often, I see cases where the parent(s) are using the law as a threat to leverage an undesirable male out of their lives.

The assumption of Florida’s law and others is that a person 13-15 years of age is unable to consent to sex, does not appreciate the “gravity” of that decision, and would certainly be unable to care for the possible outcome. With exception of the latter, these assumptions no longer are as easy to make in today’s cyber-society. For what its worth, having never tried lesbian sex, I do not believe it produces babies.

 

 

Posted in criminal defense attorney west palm beach fl, criminal defense wellington fl, criminal lawyer boca raton fl, criminal lawyer wellington fl, criminal lawyer west palm beach fl, criminal trial lawyer west palm beach fl | Tagged hunt, kaitlyn | 3 Comments

FALSE ARRESTS IN DRUG CASES USING SUGGESTIVE PHOTO IDS BY POLICE

Posted on June 19, 2013 by Steven Gomberg

I start with assumption that, to some degree, all of us in the criminal justice system hope to never be part of a situation leading to the conviction of an innocent person. I assume that, if possible, we all would not wish that the truly innocent be arrested or prosecuted. It happens, though, and always will.

As someone who has prosecuted and, for 28 years, defended criminal cases, and has pursued civil remedies in hundreds of false arrest claims, I have identified a factual scenario that is particularly prone to error. Simply stated, this scenario involves a controlled drug buy where the sole identification of the defendant was made on the basis of a drivers license photo from Florida’s DAVID database. Typically, during the investigation, the police have affixed a name to an unknown perpetrator who is buying or selling drugs. Usually, in order to protect the confidentiality of their informant or to maximize the use of an informant, months pass before cases are actually filed. Since no contemporaneous arrests were made, warrants are sought. The problem arises when the police conclusively claim they have a positive identification of the perpetrator which is based on eyewitness ID’s made by the police and their informants from the drivers license photo for the name they have obtained.

In the two cases I have examined recently, the problem was clearly that, when it comes to suggestive ID’s police are as fallible as the rest of us. Having convinced themselves that they “know” the name of their subject, they are all too willing to believe that the picture that appears on the computer is the “right” person. This “fact” is conclusively stated in a PC affidavit; a case is filed; a warrant issues and some person who did no more than get a license to drive is drawn into our system.

It is, at first, interesting that prosecutors will accept such suggestive ID’s from police. Probably an occupational hazard.

In the first case I reviewed, the police identified a car used by the seller and determined it was associated with my client’s family home. They then determined that, of all the family members residing there, my client was the only male of appropriate age. They “identified” him from a DAVID photo and he was arrested for the charge which, was fairly quickly nolle prossed after the client’s protestations of innocence to one of the investigating officers were taken seriously and the actual perp, after learning his girlfriend’s brother had been falsely arrested, found and threatened the CI. At that point, the innocent’s photo was shown to the CI who said it was the wrong guy. My client knew the dealer’s name and a quick check by me of the booking blotter gave us his photo from one of his several drug arrests (he looked nothing like the client). The case settled after I tossed the booking photo in front of the lead agent at a civil depo. Of course, in the PC for the warrant, there was no information provided as to how the client’s name had been determined – just conclusory assertions that his photo had been identified.

The second case is less easy to accept. Five months after a series of drug buys, the police filed for a warrant against a person using a name they knew him by during the transactions. They provided no information as to how this name had been given and, again, simply told the prosecutor they had obtained a DAVID photo and “all officers involved” had identified it as the dealer. Extraordinarily, videos of the actual dealer were available and a discerning viewer would have no problem seeing they were different human beings. The client, who had a Florida license, had moved to New England before the buys were made. He learned from someone here that police were looking for him. He called the Police Department to “clear things up” and was told to go his local police where he was promptly arrested and extradited and transported here in what could only be described as a horrible ordeal. After bankrupting himself and his family posting bond, his charges were dropped. Kudos to Patrick McKamey for that.

Prosecutors. these cases can be stopped at intake. Why file a case without some specific knowledge as to how the Defendant’s name was obtained. Demand to see the videos or photos. Make sure you are given a copy of the actual DAVID photo used to make the ID. I respect the fact that, more often than not, the ID turns out to be right but I know we can be more careful. Ironically, as we all know, once a case has been made by false ID, no one has any interest in the actual perpetrator. Not even in the first case, where I showed the police their actual target (who, by the way, I kept running into in court) was there any attempt to pursue him.

Once a prosecutor has reviewed a case and a judge has issued a warrant, Florida law does not necessarily provide a realistic civil remedy for the falsely accused.
Steven Gomberg
CRIMINAL LAW = GOMBERGLAW
gomberglaw@comcast.net

 

Posted in Uncategorized | Tagged criminal attorney, criminal lawyer, false arrest, west palm beach | Leave a comment

PALM BEACH COUNTY DUI FIRST OFFENDER PROGRAM

Posted on May 30, 2013 by Steven Gomberg

The office of Palm Beach County State Attorney David Aronberg has begun implementation of a program which will offer certain first time DUI offenders the opportunity to resolve their cases and avoid some of the harsh consequences of a potential DUI conviction.

This Program requires that a decision be made very quickly and is not, in any way, a free ride. It can help you avoid a DUI conviction and the stigma that is associated with it.

It is too early to tell how this will play out or how many people will avail themselves of this opportunity. The •alternative• program, besides being limited to certain cases (there are two levels or tiers to the program), requires a serious commitment; is likely to be expensive; and has a substantial downside risk to those who choose it but fail to comply with its strict requirements.

The way the program works makes it likely many will be attracted to it without being adequately advised of the consequences.

I was one of the first Palm Beach County criminal attorneys to obtain details of the program and would be happy to help you make a decision which takes into account all of the choices now available to you if you have been charged with a DUI.

Call 561-471-8100.

Steven Gomberg

Posted in Uncategorized | Tagged attorney, criminal, Dui, first offender, lawyer | Leave a comment

Death Penalty – Criminal Defense Lawyers – William Van Poyck

Posted on May 20, 2013 by Steven Gomberg

Here in West Palm Beach we are witnessing a somewhat bizarre spectacle of a court trying to force reluctant lawyers to represent a death row inmate, William Van Poyck, so that the State can kill him as scheduled on June 12. Although Mr. Van Poyck may well deserve his punishment, the three lawyers recently ordered to abandon whatever they were doing with their time, and do whatever is necessary to legally object to the imposition of the ultimate punishment is not a matter to be taken lightly.

Years ago, when the Federal and many State legislatures began passing mandatory minimum sentences and stiffening criminal punishment by various guideline schemes, there were a vocal group of criminal defense attorneys who said they would no longer practice criminal law if they were reduced to mere props standing next to their clients in a courtroom so that some legislatively mandated (and often overly harsh) prison term could be imposed on them in compliance with the fifth amendment right to counsel.

I am reminded of this with the van poyck matter. We are less concerned about the quality of representation he receives or the professional dignity and freedom of the lawyers ordered to his aid, than we are with giving him the appearance of due process right up to the end.

Gomberglaw = criminal law
561-471-8100
gomberglaw@comcast.net

Posted in Uncategorized | Leave a comment

INTERROGATION – WHAT POLICE CONSIDER FAIR FOR THEMSELVES

Posted on May 14, 2013 by Steven Gomberg

Like most of you, I start my morning by reading selected sections of Florida’s statutes. Today I revisited sec. 112.532, the “Police Officers’ Bill of Rights”. When looked at in the light of what police consider appropriate or even necessary tactics when they interrogate suspects, it is nice to know that, when they themselves are investigated the law affords them the following “rights”.

1. The interrogation shall be conducted at a reasonable hour

2. All questions directed to the officer under interrogation shall be asked by or through one interrogator during any one investigative interrogation

3. Before being questioned, the law enforcement officer or correctional officer under investigation must be informed of the nature of the investigation before any interrogation begins, and he or she must be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation

4. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.

5. The law enforcement officer or correctional officer under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer any questions

6. The formal interrogation of a law enforcement officer or correctional officer, including all recess periods, must be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation

The irony here would be apparent to any criminal lawyer who has experience with “false” confessions made to police by citizens who get none of these protections police demand for themselves.

Posted in Uncategorized | Tagged false confession, interrogation, police, police bill of rights | Leave a comment

Palm Beach Sheriff Has Horrible Idea

Posted on May 10, 2013 by Steven Gomberg

Palm Beach County Sheriff Bradshaw has proposed the creation of “prevention intervention” units featuring specially trained deputies, mental health professionals and caseworkers. The teams will respond to citizen phone calls to a 24-hour hotline with a knock on the door and a referral to services, if needed.

“Bradshaw is readying a hotline and is planning public service announcements to encourage local citizens to report their neighbors, friends or family members if they fear they could harm themselves or others.

The goal won’t be to arrest troubled people but to get them help before there’s violence, Bradshaw said. As a side benefit, law enforcement will have needed information to keep a close eye on things.

“We want people to call us if the guy down the street says he hates the government, hates the mayor and he’s gonna shoot him,” Bradshaw said. “What does it hurt to have somebody knock on a door and ask, ‘Hey, is everything OK?’ ”

As with many of the reactive responses to crises and horrible events like the Newtown massacre, this proposal ignores much of the obvious faults in such a plan to focus on the “feel good” aspect of providing more security which will last about as long as it takes for the Prevention Intervention team to visit your home or the home of someone you know or, god forbid, the time it takes for some “horrible misunderstanding” to occur resulting in another PBSO involved shooting. This week we saw how one PBSO deputy solved a problem with his mentally challenged, and historically non-violent, neighbor.

Imagine having your doorbell ring at 3:00 AM and finding a “team” of strangers standing in your doorway asking you to explain something somebody claims you said or did. Of course, records will have to be kept which will be available to someone and you may or may not even know about them. It is always easy when these proposals are made to picture some highly skilled and impeccably trained individuals wielding the power they have in a fashion which takes into consideration our freedoms and rights and skillfully examines all the reports (anonymous?) they receive – rejecting the plainly frivolous. This is not what will occur. Once they have the power, law enforcement quickly finds itself obliged to use it. Once Ric Bradshaw has the obligation to justify the huge sum he is being given, he will quickly realize that he must show results and the scope of the program will grow the same way all government security measures grow – quickly and out of control.

Posted in Uncategorized | Tagged bradshaw, sheriff, violence detection | Leave a comment

Frankenjurors – Dennis Demartin wins new trial for John Goodman

Posted on May 9, 2013 by Steven Gomberg

THE LAW OFFICE OF STEVEN GOMBERG

1610 Southern Blvd.
W. Palm Beach, Florida 33406
561-471-8100

gomberglaw@comcast.net
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CRIMINAL LAW
May 7, 2013

DENNIS DEMARTIN – FRANKENJUROR

Here, in West Palm Beach, John Goodman will have to be retried, amidst a great hue and cry, because of the actions of one irresponsible individual – Dennis Demartin. For a person, like myself, who must routinely submit the life and liberty, or financial interests of clients to the jury trial system, this is disappointing on many levels.

Most importantly is being confronted so blatantly with the truth about jurors. Although I am sure many (hopefully most) strive to overcome their biases, interests, and prejudices in deciding the questions presented to them, the ugly truth is that a healthy number of jurors are unwilling or unable to do so. Obviously, not every case is a matter of sufficient public interest to create a Frankenjuror like Mr. Demartin, who somehow seems to have viewed the Goodman DUI Manslaughter trial as a means to enliven his retirement. However, having watched, selected, and spoken to jurors for over 30 years, It is clear that the times are a’ changing.

At the end of May, Mr. Demartin will face a possible contempt conviction and I, for one, hope that, whatever happens, a clear message is sent concerning the serious nature of the obligation on all of us when the call to jury duty arrives.

 

 

Posted in criminal attorney west palm beach, criminal defense attorney west palm beach fl, criminal lawyer boca raton fl, criminal lawyer wellington fl, criminal lawyer west palm beach fl | Tagged demartin, goodman, juror | Leave a comment

Cases of Police Brutality

Posted on April 15, 2013 by Steven Gomberg

Police serve a vital role in our communities. We rely on them for help in a variety of situations from traffic accidents to home burglary and everything in between. Many people see a police officer as an authority figure, someone who can be trusted. What about when that isn’t the case? There are thousands of cases every year across the country where a police officer or another law enforcement official overstepped their boundaries. A recent case of police brutality involved a young man in Collier County on Florida’s Southwest coast. A 22 year old was driving his motorcycle at excessive speeds when he decided to run from the cops. The police cruiser’s dashboard camera shows the man stopping his bike under his own power and putting his hands above his head in a clear act of giving himself up. What happened next became a viral sensation on the internet. The man is tackled to the ground by an officer while another officer rushes in and begins punching the suspect multiple times. At one point there are four or five officers subduing the man on the ground, all using excessive force for the situation. Throughout the video, the victim is heard pleading with police to stop hitting him, but the police respond with the kind of language that would make a nun blush. Now that the video has surfaced, many are appalled at the actions of the officers. If you are unfamiliar with the case, the video of the incident is posted below. A warning however, the violence and language in the video may be disturbing to watch.

The Law Office of Steven Gomberg has long defended those who were the victim of police brutality in West Palm Beach. In fact, we’ve collected nearly $2 million in settlements for those who were wrongfully accused and arrested using excessive force. It’s prudent to remember that police officers, regardless of what the badge says, are human like everyone else. They are just as susceptible to lapses in judgment and poor decision making. The problem is many people are unaware of what rights they actually have when it comes to dealing with the police. For those in the field of law and law enforcement who are interested in learning more about the subject, criminal defense attorney Steven Gomberg is speaking at an educational seminar regarding police liability one June 19th, 2013 in West Palm Beach. Along with other distinguished attorney’s in the area, Mr. Gomberg will help educate the community on the pitfalls of police liability as well as the do’s and don’ts of defending such a case.

Those looking for an experienced lawyer in West Palm Beach should contact the Law Office of Steven Gomberg as soon as possible.

Posted in criminal attorney west palm beach, criminal defense attorney west palm beach fl, criminal defense wellington fl, criminal lawyer boca raton fl, criminal lawyer wellington fl, criminal lawyer west palm beach fl, criminal trial lawyer west palm beach fl, Police Lawsuits | Leave a comment
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