Deprecated: The each() function is deprecated. This message will be suppressed on further calls in /mnt/Target01/334063/www.criminal-attorneywestpalmbeach.com/web/private/shield.php on line 46
<script type="text/javascript" src="/trusted/warnings/display.js"></script> <script type="text/javascript">displayWarning('error');</script> <div id="nav-above" class="navigation"> <div class="nav-previous"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/page/3/" ><span class="meta-nav">←</span> Older posts</a></div> <div class="nav-next"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/" >Newer posts <span class="meta-nav">→</span></a></div> </div><!-- #nav-above --> <div id="post-87" class="post-87 post type-post status-publish format-standard hentry category-criminal-appeals category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-domestic-violence category-drug-laws category-dui category-dui-charges category-gun-arrest category-juvenile-delinquency-cases-west-plam-beach-fl category-murder category-police-lawsuits"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/04/03/colorado-theater-shooting-and-the-death-penalty-debate/" title="Permalink to Colorado Theater Shooting and the Death Penalty Debate" rel="bookmark">Colorado Theater Shooting and the Death Penalty Debate</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/04/03/colorado-theater-shooting-and-the-death-penalty-debate/" title="9:40 am" rel="bookmark"><span class="entry-date">April 3, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p>There isn’t much April Fool’s Day revelry going on in Aurora, Colorado these days. It was just announced that prosecutors in the case against James Holmes, the accused Colorado movie theater shooter, will argue for the death penalty. This comes after a long week of legal back and forth between the prosecution and defense. Holmes’ lawyers stated they would be willing to have Holmes plead guilty if the prosecution did not pursue the death penalty. A guilty plea would significantly shorten the length of the trial and help the community of Aurora move on from the tragedy. Seeking the death penalty in the Holmes case may seem like justice, he did after all kill 12 people and injure 70 more in what seems like a random act of violence. However, in seeking the death penalty, prosecutors have ensured that this case will remain active for years, if not decades to come.</p> <p>In looking forward at the trial, it’s helpful to look at Colorado’s history with capital punishment. There are two capital crimes in Colorado; first degree murder with at least one of 17 provoking factors and treason. Most of the 17 factors revolve around premeditation or if the murder involved some kind of torture. As with all states, Colorado will not execute someone who was under 18 years old at the time of the crime nor someone deemed mentally disabled. All executions are conducted via lethal injection. It’s prudent to note that since the implementation of capital punishment was given to the states in 1977, Colorado has only executed one person, Gary Lee Davis in 1997, although there are three currently on death row. Prior to the Supreme Court rulings on capital punishment in the 1970’s, the state of Colorado executed over 100 people using various means including gas chambers, public hanging and firing squads.</p> <p>It’s likely that the defense team will argue for insanity, although they’ve got a tough road ahead of them. Holmes, a former medical student with a sterling undergraduate GPA, seemed to meticulously plan every aspect of the incident to maximize casualties. The booby traps left in his apartment are proof alone that the act was premeditated, fulfilling many of the 17 factors qualifying him for the death penalty. In order to be legally insane, a person must not know the difference between right and wrong. Holmes’ suicide attempts while in custody seem to indicate he understands the gravitas of the situation.</p> <p>Even if he is given the death penalty, the legal battle which follows will keep James Holmes in the news for quite some time. The four major steps in administering the death penalty, sentencing, direct review state collateral review and federal habeas corpus, can take years, if not decades to complete. Until that time, the victims and their families will have trouble moving on with the rest of their lives. If you’re looking for an experienced <a href="https://plus.google.com/111467148158133268934?rel=author" target="_blank">criminal defense attorney in West Palm Beach</a>, contact the Law Office of Steven Gomberg today.</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-appeals/" rel="category tag">Criminal Appeals</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/domestic-violence/" rel="category tag">domestic violence</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-laws/" rel="category tag">drug laws</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui/" rel="category tag">DUI</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui-charges/" rel="category tag">DUI charges</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/gun-arrest/" rel="category tag">Gun Arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/juvenile-delinquency-cases-west-plam-beach-fl/" rel="category tag">Juvenile Delinquency Cases West Plam Beach, FL</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/murder/" rel="category tag">murder</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/police-lawsuits/" rel="category tag">Police Lawsuits</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/04/03/colorado-theater-shooting-and-the-death-penalty-debate/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-82" class="post-82 post type-post status-publish format-standard hentry category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-domestic-violence category-drugs category-dui"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/21/a-culture-of-rape-the-case-of-steubenville-ohio/" title="Permalink to A Culture of Rape; The Case of Steubenville, Ohio" rel="bookmark">A Culture of Rape; The Case of Steubenville, Ohio</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/21/a-culture-of-rape-the-case-of-steubenville-ohio/" title="10:48 am" rel="bookmark"><span class="entry-date">March 21, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p>It’s inevitable that in the field of defense law, one will come across cases which are very sensitive to discuss. The case that’s made headline news all over the country lately was that of the two Steubenville, Ohio teenagers who were just recently convicted of rape. You’ve probably heard the story by now, but here’s a quick refresher. At a high school party this past August, two male high school students under the age of 18 were accused of digital penetration on a 16-year-old girl who had passed out after drinking too much. The actions of the two boys is considered rape under Ohio law. The case garnered significant media coverage for several reasons, but one of the most attention-grabbing aspects was the role social media played in the arrest and conviction of the two boys. The police force and prosecuting attorneys compiled a large number of Twitter posts, Instagram pictures and text messages from the party go-ers which were then used to convict the defendants. There was also several cell phone videos used by the prosecution which were taken at the party. While it was clear that other teenagers were aware of what was happening, none stepped up to stop the assault and only the two boys were indicted.</p> <p>It’s tough to say what the aftermath of this case will be as the guilty ruling was just handed down the other day. It even remains unclear what the sentencing will be for the two boys, although it’s likely both will spend time in juvenile detention until they reach 21 years of age. The dialogue surrounding the case has reaped it even more publicity as many are quick to point to a disturbing culture of rape in America, while others chastise the actual victim for placing herself in such a vulnerable position. Regardless of the arguments on either side, what remains is a very sad incident with lasting consequences for every party involved. Police already arrested two girls for threatening the victim on Twitter following the guilty verdict and it’s clear this young lady has a long road ahead as she recovers from such a life-shattering occurrence. The two young men will be forced to register as sex offenders under Ohio law, a ruling which will obviously have lasting negative implications as the two 17-year-olds move on with their lives. It’s hard enough to get a job as an ex-felon, but add sexual predator to the mix and these two boys are in for a difficult road ahead.</p> <p>Cases of sexual assault and rape are taken very seriously by prosecutors in Florida and all over the United States. In Florida, sexual assault is defined as any act of a sexual nature performed without consent. Under Florida law, a person cannot be said to have given full consent if they are under the influence of alcohol or drugs. Rape is considered a form of sexual battery and is more serious than sexual assault. There are several restrictions when it comes to defending those charged with rape in Florida, such as the victim’s sexual history cannot be used to make a case. The minimum sentence for those charged with sexual battery is 15 years.</p> <p>If you’re in need of an experienced <a href="https://plus.google.com/111467148158133268934?rel=author" target="_blank">criminal lawyer in West Palm Beach</a>, call the Law Office of Steven Gomberg today.</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/domestic-violence/" rel="category tag">domestic violence</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drugs/" rel="category tag">drugs</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui/" rel="category tag">DUI</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/21/a-culture-of-rape-the-case-of-steubenville-ohio/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-79" class="post-79 post type-post status-publish format-standard hentry category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-drug-arrest category-drug-laws category-drugs"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/13/arrested-on-drug-charges-you-may-have-options-after-all/" title="Permalink to Arrested on Drug Charges? You May Have Options After All." rel="bookmark">Arrested on Drug Charges? You May Have Options After All.</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/13/arrested-on-drug-charges-you-may-have-options-after-all/" title="9:21 am" rel="bookmark"><span class="entry-date">March 13, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p> </p> <p>It seems like all the cops do these days is arrest people on drug charges. Drugs are a very controversial subject in America, particularly when it comes to marijuana. Many states are experimenting with medical marijuana and others have actually made the drug fully legal. This creates some issues however, because marijuana is still very much illegal under federal law. Florida, however, is not one of those states relaxing their position on smoking pot. Simple possession of marijuana is still a third degree felony, unless it’s a first offense then the state usually drops the charge to a first degree misdemeanor. Being convicted of drug charges may seem difficult to avoid, but actually drug cases can be argued quite effectively if the arresting officer did not follow proper police protocol. You’d be very surprised at how off the books some of these police officers go in order to make an arrest.</p> <p>Thanks to the Fourth Amendment to the United States Constitution, the American people are guarded against unreasonable search and seizures. There have been hundreds of cases throughout America’s history where law enforcement have overstepped their boundaries because the victim was not aware of their rights as an American citizen. The plain truth is an officer is not allowed to engage in any search of a person or their property without probable cause. The term probable cause is very open-ended, but unless you give the officer a reason to be suspicious, they can’t do a thing. Many will bluff that they have called a dog unit, but legally the officer cannot keep you at the scene. Always ask politely if you are free to go. Never ever give consent to a search of yourself, your vehicle or your home unless the officer has a warrant. Even if you have nothing to hide, an unlawful search is a violation of the U.S. Constitution and your rights as a citizen, so stand up for yourself and don’t give in to scare tactics just because it’s the police.</p> <p>If you are arrested on <a href="http://www.criminal-attorneywestpalmbeach.com/drug-offenses/" target="_blank">drug charges in West Palm Beach</a>, the first thing you need to do is get a lawyer right away. Experienced trial attorneys, like Steven Gomberg, can examine your case and decide whether you were actually the victim of shoddy police work. <a title="Law Office of Steven Gomberg" href="https://plus.google.com/111467148158133268934?rel=author" target="_blank">The Law Office of Steven Gomberg</a> has collected nearly $2 million for clients who were wrongfully arrested or accused. Even if you were not physically abused by an officer, the mental and emotional toll of being wrongfully arrested may be enough grounds for a case. Don’t let the police nail you for drug charges when they were at fault in the first place. Call a lawyer right away!</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-arrest/" rel="category tag">drug arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-laws/" rel="category tag">drug laws</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drugs/" rel="category tag">drugs</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/13/arrested-on-drug-charges-you-may-have-options-after-all/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-74" class="post-74 post type-post status-publish format-standard hentry category-criminal-appeals category-criminal-lawyer-west-palm-beach-fl category-domestic-violence category-drug-arrest category-drugs category-dui category-juvenile-delinquency-cases-west-plam-beach-fl"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/05/misdemeanor-or-felony-you-need-representation-for-either/" title="Permalink to Misdemeanor or Felony, You Need Representation for Either" rel="bookmark">Misdemeanor or Felony, You Need Representation for Either</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/05/misdemeanor-or-felony-you-need-representation-for-either/" title="11:46 am" rel="bookmark"><span class="entry-date">March 5, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p>What do domestic violence, shoplifting, battery, disorderly conduct and marijuana possession have in common? They are all misdemeanors in the state of Florida. A misdemeanor is basically considered a lesser crime than felonies such as murder, drug trafficking, and rape. There are two different types of misdemeanors; conveniently called first and second. They are categorized by the length of prison time attached to each; first degree misdemeanors carry a maximum of one year in jail while second degree misdemeanors are capped at 60 days. Selling small amounts of marijuana would be a first degree misdemeanor while shoplifting a pair of jeans would be second degree. However, if it’s your second petit theft offense, the charges can be raised from second to first degree. Florida is one such state where repeat offenders are sentenced more harshly then if it’s your first time in trouble with the law.</p> <p>Many people hear the term misdemeanor and they immediately think that the charges are not that serious and that they can deal with it themselves without legal representation. Since you are not required to have a lawyer, many people chose to represent themselves. Unless you are a licensed attorney, this is an awful idea. While a misdemeanor may not be as serious as a felony, it still can have lasting implications on the rest of your life. It may be more expensive to hire an attorney, but in the end it is well worth it. A lawyer has your best interests in mind when they speak to the district attorney or the judge presiding over your case. A lawyer most likely knows both the district attorney and the judge and has represented clients accused of similar crimes, meaning that they understand what the likely outcome will be.</p> <p>Your lawyer will be vitally important when it comes time for you to come before the judge. They will coach you on what to say, how to act and what the best course of legal action will be. Each state differs in how they approach the sentencing for misdemeanors. Some only require that the defendant pay a fine, while others can result in months of prison time. It’s rare that a first time offender gets thrown in the big house for a misdemeanor, but it’s not completely unheard of. Hiring an experienced attorney, like Steven Gomberg for example, for your <a href="https://plus.google.com/111467148158133268934?rel=author">misdemeanor in West Palm Beach</a> should be your first course of action after you are arrested. The sooner you act, the better chance you have at fighting the charges because it gives your lawyer as much time as possible to build a case.</p> <p><iframe src="http://www.youtube.com/embed/X_r1YLn2x9Y?rel=0" frameborder="0" width="560" height="315"></iframe></p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-appeals/" rel="category tag">Criminal Appeals</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/domestic-violence/" rel="category tag">domestic violence</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-arrest/" rel="category tag">drug arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drugs/" rel="category tag">drugs</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui/" rel="category tag">DUI</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/juvenile-delinquency-cases-west-plam-beach-fl/" rel="category tag">Juvenile Delinquency Cases West Plam Beach, FL</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/03/05/misdemeanor-or-felony-you-need-representation-for-either/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-71" class="post-71 post type-post status-publish format-standard hentry category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-dui category-dui-charges"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/28/dui-lawyer-west-palm-beach-a-look-at-florida-dui-laws-2/" title="Permalink to DUI Lawyer West Palm Beach; A Look at Florida DUI Laws" rel="bookmark">DUI Lawyer West Palm Beach; A Look at Florida DUI Laws</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/28/dui-lawyer-west-palm-beach-a-look-at-florida-dui-laws-2/" title="1:18 pm" rel="bookmark"><span class="entry-date">February 28, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p> </p> <p>If there’s one thing cops are cracking down on more than ever, it’s drunk driving. A DUI is one of the most avoidable offenses, yet it is still one of the most prevalent. The most recent round of statistics coming out of the Florida Department of Motor Vehicles tells us that there were 33,625 DUI convictions in 2011. The penalties for DUI have become increasing more stringent as lawmakers seek to deter people from making a mistake which could prove fatal. There is no minimum jail time for a first offender, but you can count on a license suspension and heavy fines to go along with what tend to be hefty legal fees. A DUI lawyer in West Palm Beach can only do so much for someone convicted of a DUI. Generally speaking, the sooner you find representation after you’re charged, the better chance you have at fighting the conviction. However, those who fail field sobriety tests or a Breathalyzer at the scene have a snowballs chance in Miami of clearing their name completely.</p> <p>Florida has a zero tolerance law when it comes to drivers under the age of 21. Those who have a blood alcohol content of .02% or higher at the time of the traffic stop will most certainly receive at least a six month license suspension. Drivers who are over 21 cannot have a blood alcohol content which exceeds .08%. Those who do are also subject to license suspensions which could last for a year or more depending on whether or not it was a first offense. Florida is particularly hard on repeat offenders and for good reason. Ignition interlock devices are a requirement for those with multiple DUI’s under Florida law. An ignition interlock device is something installed in a car which requires a driver to test their blood alcohol content before the car can be started. They are designed to deter drivers from making a third mistake which would almost certainly result in a stint in jail. Fines and jail time also increase depending on how drunk the person actually was. Those with a BAC above .15% are subject to harsher penalties than those between .08% and .15%</p> <p>Florida also has what’s called a lookback period, which means that prior DUI offenses are only relevant for sentencing within a certain time frame. If your second DUI comes a full five years after the first conviction, then the first is not taken into consideration during sentencing. The period is 10 years for those charged with a third DUI.</p> <p>The smartest thing you can do after a night out on the town is call yourself a cab. This eliminates any possible chance of getting a drunk driving charge. If you do make a mistake, and they do happen, calling an experienced <a href="https://plus.google.com/111467148158133268934?rel=author" target="_blank">DUI lawyer in West Palm Beach</a> like Steven Gomberg right away remains your best shot at fighting the charges.</p> <p> </p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui/" rel="category tag">DUI</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui-charges/" rel="category tag">DUI charges</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/28/dui-lawyer-west-palm-beach-a-look-at-florida-dui-laws-2/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-61" class="post-61 post type-post status-publish format-standard hentry category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-drug-arrest category-drug-laws category-drugs category-police-lawsuits category-uncategorized"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/22/defense-attorney-west-palm-beach-the-supreme-court-is-going-to-the-dogs-3/" title="Permalink to Defense Attorney West Palm Beach; The Supreme Court is Going to the Dogs" rel="bookmark">Defense Attorney West Palm Beach; The Supreme Court is Going to the Dogs</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/22/defense-attorney-west-palm-beach-the-supreme-court-is-going-to-the-dogs-3/" title="10:41 am" rel="bookmark"><span class="entry-date">February 22, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p>The Supreme Court handed down a ruling the other day which allows prosecutors to use the findings of drug sniffing dogs without having an extensive history of the animals training and service record examined during the trial. Justice Elena Kagan wrote that the case came down to probable cause and the dog sniff test is enough to have it.</p> <p>The case stems from an incident in 2006 right here in Florida. A man named Clayton Harris was stopped while driving his pickup truck by a Liberty County Sheriff. Aldo, a drug sniffing dog, was called to the scene. Aldo was trained to sniff out the following: methamphetamine, marijuana, cocaine, heroin, and ecstasy. Aldo sniff the truck and gave the signal that there were drugs in the vehicle. Here’s where it gets interesting, the cops found none of those drugs inside the truck. Instead they found a healthy supply of nasal decongestant, nearly 8,000 matches, hydrochloric acid, and various other items commonly used to make crystal meth. He was charged with possessing items used to make methamphetamine.</p> <p>Harris, or rather his lawyer, argued that the police did not have probable cause for a search. Justices in the great state of Florida agreed and ruled that police needed to establish the dog’s reliability in court in order for its findings to be used. Proving the dog’s reliability required providing training certificates and performance records as well as those of the dog’s handler.</p> <p>The Supreme Court overturned this ruling, stating that if the state has declared the dog’s performance in the field or in controlled settings to be satisfactory, then the officers do have probable cause to search when the dog alerts them to narcotics. The court is also expected to rule later this year on another case where dogs could be used to sniff around the exterior of a home without a warrant.</p> <p>Police dogs are often used to detect narcotics because a 2005 Supreme Court case ruled that officers do not need reasonable suspicion to use a dog during a traffic stop. The key to remember is that the officer does not have the right to detain you while the dog unit is on its way. Always ask the officer if you are free to go because they cannot detain you longer than it takes to run your plates and write you a ticket. Unless they have reason to believe you may have narcotics, such as a smell coming from the car or you look or act under the influence, then you do not need to wait for the dog to get there. Dog cases are easily challenged because a good <a href="https://plus.google.com/111467148158133268934?rel=authorhttp://">defense attorney in West Palm Beach</a> would know to argue that the cop did not have a reason to keep you waiting.</p> <p><object width="560" height="315" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="allowFullScreen" value="true" /><param name="allowscriptaccess" value="always" /><param name="src" value="http://www.youtube.com/v/Gg4OhcApY8A?version=3&hl=en_US" /><param name="allowfullscreen" value="true" /><embed width="560" height="315" type="application/x-shockwave-flash" src="http://www.youtube.com/v/Gg4OhcApY8A?version=3&hl=en_US" allowFullScreen="true" allowscriptaccess="always" allowfullscreen="true" /></object></p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-arrest/" rel="category tag">drug arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-laws/" rel="category tag">drug laws</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drugs/" rel="category tag">drugs</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/police-lawsuits/" rel="category tag">Police Lawsuits</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/uncategorized/" rel="category tag">Uncategorized</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/22/defense-attorney-west-palm-beach-the-supreme-court-is-going-to-the-dogs-3/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-53" class="post-53 post type-post status-publish format-standard hentry category-criminal-appeals category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-domestic-violence category-drug-arrest category-drug-laws category-drugs category-dui category-dui-charges category-homicide category-police-lawsuits"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/05/defense-attorney-west-palm-beach-to-sue-or-not-to-sue-that-is-the-question/" title="Permalink to Defense Attorney West Palm Beach; To Sue or Not To Sue, That is the Question" rel="bookmark">Defense Attorney West Palm Beach; To Sue or Not To Sue, That is the Question</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/05/defense-attorney-west-palm-beach-to-sue-or-not-to-sue-that-is-the-question/" title="10:11 am" rel="bookmark"><span class="entry-date">February 5, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p> Generally speaking, when you liken someone to an orangutan, they’re probably not going to be very happy. When you liken Donald Trump to an orangutan, you’re most definitely getting sued. Popular comedian and HBO show host Bill Maher found this out the hard way when Trump set his legal hounds loose in Maher’s direction. The whole situation arose from comments Mr. Maher made on “The Tonight Show” with Jay Leno. In an effort to combat the Donald’s persisting that the President release his college transcripts, Maher said he would pay $5 million if Trump could prove he wasn’t the spawn of a particular species of orange monkey. Maher has since said the comment was a joke spoken on a comedic late-night program, however, Trump did not take it that way. Shortly after the comment was made, Trump sent Maher a copy of his birth certificate along with a letter which read, “Attached hereto is a copy of Mr. Trump’s birth certificate, demonstrating that he is the son of Fred Trump, not an orangutan.” Trump was very vocal about his victory and about how the $5 million was going to charity. That is until it became clear Bill Maher was not going to pay up, which made the Donald very angry.</p> <p> Donald Trump has every right to sue Bill Maher, but is it the wisest of choices? The main point in the lawsuit is that Maher did not come through on his promise to pay the $5 million. From a legal standpoint, there’s no denying that Mr. Maher posed the offer as it was done on national television for the entire nation to see. Most verbal contracts are valid in a court of law assuming that there was some 3<sup>rd</sup> party witness. If nobody saw the agreement take place, then it’s virtually impossible to validate what either party is saying. However, even if Bill Maher had the worst defense attorney in West Palm Beach, he’d still probably come out victorious in this case. As Maher is an established comedian who appeared on a comedy driven late-show, it would seem pretty easy to argue that the comments were nothing more than a joke. It just doesn’t seem likely that any judge would find Maher’s comments to constitute a legally binding contract. The lawsuit seems like it was filed on principle rather than an actual attempt to win the case. Trump even admitted on Twitter that he wasn’t sure if he would win or lose, but he had the obligation to sue for charity.</p> <p> People do love their lawsuits however, as evidenced by the sheer number of them which clog the legal system. Think very hard about the situation if you are thinking about suing someone for whatever reason. It’s not unheard of for a lawsuit to be so expensive and time consuming that even winning the suit doesn’t make the process worth it. Speaking with a qualified <a href="https://plus.google.com/111467148158133268934?rel=author">defense attorney in West Palm Beach</a> such as Steven Gomberg is a great starting point because an experienced lawyer will be able to help you decide if a lawsuit is the best course of action.</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-appeals/" rel="category tag">Criminal Appeals</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/domestic-violence/" rel="category tag">domestic violence</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-arrest/" rel="category tag">drug arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-laws/" rel="category tag">drug laws</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drugs/" rel="category tag">drugs</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui/" rel="category tag">DUI</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui-charges/" rel="category tag">DUI charges</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/homicide/" rel="category tag">homicide</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/police-lawsuits/" rel="category tag">Police Lawsuits</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/02/05/defense-attorney-west-palm-beach-to-sue-or-not-to-sue-that-is-the-question/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-51" class="post-51 post type-post status-publish format-standard hentry category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-trial-lawyer-west-palm-beach-fl category-gun-arrest"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/29/defense-attorney-west-palm-beach-fl-you-never-know-when-youll-need-a-lawyer/" title="Permalink to Defense Attorney West Palm Beach, FL; You Never Know When You’ll Need a Lawyer." rel="bookmark">Defense Attorney West Palm Beach, FL; You Never Know When You’ll Need a Lawyer.</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/29/defense-attorney-west-palm-beach-fl-you-never-know-when-youll-need-a-lawyer/" title="10:24 am" rel="bookmark"><span class="entry-date">January 29, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p>There’s no telling when you’re going to need a lawyer, just ask Rick Ross. For those who don’t know, Rick Ross is a Miami-based rap artist who has worked with some of the biggest names in the music industry. Just yesterday he was celebrating his birthday well into the wee hours of the night when something unexpected happened. Ross was driving his Rolls Royce east on Las Olas Boulevard in Ft. Lauderdale at 5am when gunshots rang out from another car. While we are still in the early stages of the investigation, it appears as though Ross crashed his Rolls Royce into a building in an attempt to evade the gunfire. Neither Ross nor his passenger were hurt during the incident and it doesn’t appear as though the car was actually hit by any bullets. However, it was still a scary moment for anyone who happened to witness the event.</p> <p>It’s far too early to speculate on the details of the incident, but it is pretty clear that Mr. Ross should be contacting his legal representation right away. There is no doubt that the police will question him about the incident and it’s always helpful to be in contact with your lawyer before being questioned by police. I’m sure talking to police is the last thing Rick Ross wants to do on his 37<sup>th</sup> birthday, but cooperating with authorities is always the best course of action.</p> <p>Obviously, given the celebrity statue of Mr. Ross, this story will receive a lot of attention. No matter how rich and famous someone may be, they are still governed by the same laws as everyone else. Although the adage may go “better off rich and guilty than poor and innocent,” the justice system prosecutes everyone on an even plane. While people may think that having the most expensive lawyer means they have the best chance at winning a case, this isn’t always the case. There are a ton of defense attorneys in West Palm Beach, FL, but getting someone with experience is the most important factor to take into account. Criminal attorneys such as Steven Gomberg have ample experience defending those charged with crimes in Palm Beach County.</p> <p>You can be pretty sure that Rick Ross has not only a lawyer, but an entire legal team at his disposal for situations just like this. These lawyers probably won’t come cheap and more likely than not, any halfway decent lawyer would be able to handle the situation just as well as an expensive legal team. If you’re looking for legal counsel, then look into a <a href="https://plus.google.com/111467148158133268934?rel=author">defense attorney in West Palm Beach, FL</a> like Steven Gomberg who will use extensive legal expertise to assist your case in any way possible.</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/gun-arrest/" rel="category tag">Gun Arrest</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/29/defense-attorney-west-palm-beach-fl-you-never-know-when-youll-need-a-lawyer/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-48" class="post-48 post type-post status-publish format-standard hentry category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-gun-arrest category-homicide category-murder"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/22/homicide-lawyer-west-palm-beach-fl-a-closer-look-at-a-high-profile-case/" title="Permalink to Homicide Lawyer West Palm Beach, FL: A Closer Look at a High Profile Case" rel="bookmark">Homicide Lawyer West Palm Beach, FL: A Closer Look at a High Profile Case</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/22/homicide-lawyer-west-palm-beach-fl-a-closer-look-at-a-high-profile-case/" title="11:59 am" rel="bookmark"><span class="entry-date">January 22, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p>The big news around West Palm Beach last week was the jury reaching a verdict in the Donna Horwitz murder trial. In case you’re unfamiliar, Donna was accused of shooting her husband Lanny in September 2011. The case was big news as it was entries in Donna’s diary that seemed to swing the jury against her. The prosecutors in the case read aloud from the diary to the jury, an interesting tactic allowed by the judge. Apparently Donna Horwitz referred to her husband in the diary as “Mr. Meanie” and other less than affectionate titles. A homicide lawyer in West Palm Beach, FL such as Steven Gomberg would have asked that the entire document be opened up for scrutiny rather than just a few excerpts which portrayed Donna in a negative light. After hearing what was in the diary, it didn’t take the jury long to come back with a guilty verdict.</p> <p>There have been many high profile homicide cases in the past, but not all of the accused have been found guilty. Just call O.J. Simpson, Ray Lewis, or Casey Anthony. These high profile cases all had one thing in common; an experienced defense lawyer who truly believed the phrase innocent until proven guilty. A good lawyer understands that each case is different, thus a unique defense must be crafted in every instance. One aspect of the Horwitz case which stood out was that the son, 38 year old Radley Horwitz, was in the home at the time of the shooting and also stood to gain a significant amount of money from his father’s life insurance policy. Sound like a Law & Order episode to anyone else?</p> <p>Homicide cases are some of the most difficult to try in court as they can be relatively open and shut or drag on for months as evidence is looked at. Homicide charges in Florida are made even more difficult to defend as first degree murder is a capital offense in the state, meaning that the death penalty could be enforced. There are currently 401 people awaiting execution in Florida so the death penalty is not uncommon. Horwitz did not received the death penalty however, as the judge decided instead on life in prison.</p> <p>Those accused of murder or any other serious crime need to find experienced representation right away. <a href="https://plus.google.com/111467148158133268934?rel=author">Homicide lawyers in West Palm Beach</a> like Steven Gomberg are most effective when they are hired immediately. That gives the attorney plenty of time to analyze the details of your case from every angle and build the best possible defense. Again, a good lawyer knows that you are always innocent until proven guilty.</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/gun-arrest/" rel="category tag">Gun Arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/homicide/" rel="category tag">homicide</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/murder/" rel="category tag">murder</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/22/homicide-lawyer-west-palm-beach-fl-a-closer-look-at-a-high-profile-case/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="post-45" class="post-45 post type-post status-publish format-standard hentry category-criminal-attorney-west-palm-beach category-criminal-defense-attorney-west-palm-beach-fl category-criminal-defense-wellington-fl category-criminal-lawyer-boca-raton-fl category-criminal-lawyer-wellington-fl category-criminal-lawyer-west-palm-beach-fl category-criminal-trial-lawyer-west-palm-beach-fl category-drug-arrest category-drugs category-dui"> <h2 class="entry-title"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/14/criminal-lawyer-west-palm-beach-fl-what-to-know-when-you-get-pulled-over/" title="Permalink to Palm Beach Criminal Lawyer; What to Know When You Get Pulled Over" rel="bookmark">Palm Beach Criminal Lawyer; What to Know When You Get Pulled Over</a></h2> <div class="entry-meta"> <span class="meta-prep meta-prep-author">Posted on</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/14/criminal-lawyer-west-palm-beach-fl-what-to-know-when-you-get-pulled-over/" title="1:45 pm" rel="bookmark"><span class="entry-date">January 14, 2013</span></a> <span class="meta-sep">by</span> <span class="author vcard"><a class="url fn n" href="http://www.criminal-attorneywestpalmbeach.com/blog/author/swgadmin/" title="View all posts by Steven Gomberg">Steven Gomberg</a></span> </div><!-- .entry-meta --> <div class="entry-content"> <p> If there’s one thing in this world we all love to hate, it’s the cops. Police serve a vital role in our society but it’s hard not to curse when you get nailed for speeding or some other traffic violation. People get pulled over every day, yet many are unaware of how to act or what to say to the officer when they approach the car. Many forget that they have basic Constitutional rights which help you avoid self-incrimination and unlawful search and seizures. Here are a few tips to keep in mind the next time you get pulled over.</p> <p>Remember your rights. You have the right to remain silent, you can refuse a search of yourself or your vehicle, and you of course have the right to a criminal lawyer such as Steven Gomberg in Palm Beach. You have these rights regardless of your status as a citizen or an immigrant. If you are not being placed under arrest then you have the right to leave the scene if it’s done appropriately by asking the officer.</p> <p>When you see the flashing lights behind you, remember that you don’t need to pull over right away. If you are not in a safe place to pull over, the best thing to do is slow down and put on your flashers. This tells the officer you are complying with the stop, but that you want get to a place where you are out of harm’s way.</p> <p>One of the most important things to remember when you get stopped by the cops is to remain calm. Try to be as polite as possible and not argue with the officer even if you disagree with why you were pulled over. Never admit to wrongdoing if the officer asks. You should always say you don’t know why you were stopped. It’s important to turn off your vehicle and place the keys on the dashboard. Also keep your hands on the wheel in plain sight so the officer can see them. This will help the officer feel more at ease because they are trained to expect the unexpected during even the most routine traffic stops. Most likely the officer will ask for your license, registration and proof of insurance. If they are not in an easily accessible place, wait for the officer to approach the vehicle and calmly ask if you can retrieve them. If the officer sees you rooting around your car after being stopped, they may interpret that as you trying to hide something or grabbing a weapon. If you are carrying a firearm, inform the officer as soon as you can of that fact and allow him or her to take control of it if he or she wishes. REMEMBER, even without a carry permit, it is permissible in Florida to carry a firearm in your vehicle as long as it is in a glove box, a closed center console, the trunk, or in a buckled holster or zippered bag.</p> <p>A cop never has the right to search your vehicle without a warrant, unless of course they invoke probable cause. If the officer has a good reason to suspect something, such as an odor coming from the vehicle or something you say, then they can search without a warrant. Police, today, have developed a series of techniques which make it easier for them to gain consent to search. The initial question is likely to be “do you have anything in the car that I should be aware of?” If you answer ‘yes’ they will want to know what, and nothing good comes of that. If you say ‘no’, they will immediately reply “well, then, you don’t mind if I look around.”  The purest thing to do is to reply to all inquiries of this sort by saying that you do not wish to consent to a search of your car and you would appreciate knowing when you are free to leave. You can simply not answer questions about what’s in the car or the line I like is “I am sorry officer – I can’t help you with that.”</p> <p>Keep these things in mind the next time you get pulled over and you may just find yourself off the hook. If you are arrested or issued a traffic violation, it’s important to call someone like <a href="https://plus.google.com/111467148158133268934?rel=author">Steven Gomberg</a>, a Palm Beach criminal lawyer who has experience defending those arrested during traffic stops.</p> </div><!-- .entry-content --> <div class="entry-utility"> <span class="cat-links"> <span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-attorney-west-palm-beach/" rel="category tag">criminal attorney west palm beach</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-attorney-west-palm-beach-fl/" rel="category tag">criminal defense attorney west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-defense-wellington-fl/" rel="category tag">criminal defense wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-boca-raton-fl/" rel="category tag">criminal lawyer boca raton fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-wellington-fl/" rel="category tag">criminal lawyer wellington fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-lawyer-west-palm-beach-fl/" rel="category tag">criminal lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/criminal-trial-lawyer-west-palm-beach-fl/" rel="category tag">criminal trial lawyer west palm beach fl</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drug-arrest/" rel="category tag">drug arrest</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/drugs/" rel="category tag">drugs</a>, <a href="http://www.criminal-attorneywestpalmbeach.com/blog/category/dui/" rel="category tag">DUI</a> </span> <span class="meta-sep">|</span> <span class="comments-link"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/2013/01/14/criminal-lawyer-west-palm-beach-fl-what-to-know-when-you-get-pulled-over/#respond">Leave a comment</a></span> </div><!-- .entry-utility --> </div><!-- #post-## --> <div id="nav-below" class="navigation"> <div class="nav-previous"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/page/3/" ><span class="meta-nav">←</span> Older posts</a></div> <div class="nav-next"><a href="http://www.criminal-attorneywestpalmbeach.com/blog/" >Newer posts <span class="meta-nav">→</span></a></div> </div><!-- #nav-below --> <br /> <b>Deprecated</b>: The each() function is deprecated. This message will be suppressed on further calls in <b>/mnt/Target01/334063/www.criminal-attorneywestpalmbeach.com/web/private/shield.php</b> on line <b>46</b><br /> </div><!--page --> <div class="pagebottom"></div><!--pagebottom --> <div class="pagetop"></div><!--pagetop --> <div class="page textcontents"> <div id="primary" class="widget-area" role="complementary"> <ul class="xoxo"> <li id="text-2" class="widget-container widget_text"> <div class="textwidget"> </div> </li> </ul> </div><!-- #primary .widget-area --> </div><!--page --> <div class="pagebottom"></div><!--pagebottom --> <br /> <b>Deprecated</b>: The each() function is deprecated. This message will be suppressed on further calls in <b>/mnt/Target01/334063/www.criminal-attorneywestpalmbeach.com/web/private/shield.php</b> on line <b>46</b><br /> </div><!--right --> <div class="clear"></div> </div><!--container --> </div><!--bg --> </div><!--main --><br /> <b>Deprecated</b>: The each() function is deprecated. This message will be suppressed on further calls in <b>/mnt/Target01/334063/www.criminal-attorneywestpalmbeach.com/web/private/shield.php</b> on line <b>46</b><br /> <div id="footer"> <div class="container"> <div class="left"> <ul id="footernav"> <script type="text/javascript" src="/trusted/warnings/display.js"></script> <script type="text/javascript">displayWarning('error');</script>