27 Accused of Mortgage Fraud in Miami, South Florida

In four separate indictments unsealed recently, the U.S. Attorney’s Office in Miami is accusing 27 people in mortgage schemes against banks and South Florida homeowners, The Miami Herald reports. The charges range from mail fraud to insurance fraud to arson.

Mortgage fraud in Miami is a hot-button topic these days, with the media constantly reporting on the struggles of the real estate market in Miami and throughout the state. And seeing that coverage, law enforcement sometimes ramps up its efforts in order to make headlines of their own.

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Juvenile’s Conviction Reversed in Miami Appeals Court

The Third District Court of Appeals recently reversed a minor’s conviction of trespassing in Miami-Dade County based on the defense attorney’s assertion that the prosecution had failed to prove that the child ever entered the property.

In this case, the juvenile who is identified only as C.P. was “horsing around” with his friend on a lot, which contained a vacant mobile home. The mobile home was not located on a piece of private property, therefore the criminal offense of trespassing is defined by the child’s entry into the mobile home, and not the land surrounding the mobile home.

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Three Palm Beach County Men Arrested in Timeshare Fraud

Economic crimes in Miami, especially those pursued by federal authorities, are often very complex and require a great deal of work. If you are accused of fraud or other theft crimes in Miami, contact our firm immediately so we can protect your rights.

According to the press release from the U.S. Attorney’s Office, the three Palm Beach County men are charged with conspiracy to commit mail fraud and wire fraud, charges that are punishable by up to 30 years in prison and $1 million in fines.

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Miami Criminal Defense Attorney Obtains Reversal of Teen’s Trespassing Conviction

As we continue our exploration of juvenile, criminal trespassing in Miami-Dade County we turn to the Florida Supreme Court’s recent decision on D.J. v. State were they reversed the conviction of a youth who was accused of trespassing upon a public school. D.J.’s criminal defense attorney asserted that the Prosecution failed to show an essential element of trespassing at a school, which is governed by Florida Statute § 810.097. Specifically, the government failed to establish that the security guard that advised D.J. to leave the school was authorized by the principal to remove people from the property.

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Domestic violence charges in Miami lodged against veteran police officer

A police officer has been charged with domestic violence in Miami after an alleged incident at his house, NBC Miami reported. The 47-year-old police officer is charged with aggravated assault with a dangerous weapon and was held in Broward County jail.

The sergeant with the Miami-Dade police department was arrested over the weekend. Why police were called to his Southwest Ranches home has not been released, despite the fact it is routinely released in other domestic cases. The police department has said it will have no comment. The officer is being held on $27,500 bail. Consulting with a Miami criminal defense lawyer as soon as possible after a domestic violence allegation is the best course of action to protect your rights.

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Miami Criminal Defendant Bauder Obtains a Writ of Habeus Corpus With the Help of Court Appointed Attorneys

Misadvise by an attorney as to the negative consequences of a plea can form the basis to set a criminal plea aside. In Baduer v. DOC, the Defendant already lost a hearing in which he claimed his attorney had actually told him his plea would not have negative consequences. However, although he had lost at the State Court level, he could still seek a writ of habeus corpus Federal Court.

In 2002, Bauder was charged in Miami Dade county of aggravated stalking of a minor. This is a state court crime, which could lead to civil commitment under the Jimmy Rice Act. Bauders criminal defense attorney told him that in his opinion this charge would not lead to involuntary commitment. After pleading guilty to a violation of his community control Bauder sought to set aside his plea on the grounds that he was misadvised of the potential consequences of his plea. The Circuit Court in Miami summarily denied the motion.

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Miami’s District Court of Appeals Reverses Convictions but Affirms Criminal Sentence in DUI Manslaughter Case

Miami Dade Circuit Court Judge Marisa Tinkler Mendez convicted Mark David Ivey of DUI manslaughter, leaving the scene of an accident and vehicular homicide despite the best efforts by his defense attorney. Although he was convicted on all three counts, the court only sentenced him on the DUI manslaughter charge. Mr. Ivey appealed the jury’s decision and the verdict.

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In Miami, Police can use the Criminal Loitering and Prowling Statute as a Pretext to Search People

No United States citizen, suspected of criminal wrongdoing can be searched without a warrant unless one of the specific exceptions can be found. One of those exceptions is a search incident to arrest. When a criminal suspect is placed under arrest a police officer is allowed to conduct a warrantless search of the suspect’s person and the area within reach of the defendant. This is ostensibly to give law enforcement the opportunity to find any weapons that might pose a danger to the officer.

Therefore, if an officer has a suspicion that someone might be carrying drugs, guns or some other form of contraband, one course of action is to find some crime that the suspect can be arrested for.

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Miami Dade County’s Pretrial Intervention Program Can Prevent a Criminal Conviction

In most counties throughout the State of Florida, prosecuting attorneys have discretion to offer the accused Pretrial Intervention, also known as The Pretrial Diversion Program, in lieu of a plea offer or a conviction. This can be a great opportunity for the client. If they successfully complete the program they can have the record sealed or expunged, thus removing any evidence that that arrest or the criminal case ever occurred.

What is more, this arrest cannot be used in the future to increase a client’s offense incident score in Florida State Court. In Miami, unlike many other counties in the State of Florida, a criminal Defendant is not asked to attest to a factual basis for his or her plea. This is beneficial because without a plea or a record of the facts upon which punishment is based, this event can not be used to negatively impact a client’s immigration status. In addition, there is no record which can be used later as a basis to increase a defendant’s offense incident score in Federal Court or another State.

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Miami Aliens with Old Criminal Convictions Have Another Chance to Set Those Convictions Aside to Avoid Immigration Consequences

The United States Supreme Court’s decision in Padilla has changed the law as it relates to setting aside a criminal conviction based upon the ineffective assistance of a criminal defense attorney. Every lawyer is required to advise their client of the potential immigration consequences that may result from their taking a plea. Prior to Padilla an alien had to prove that their criminal defense lawyer gave them affirmatively bad advice to have their conviction set aside. Now if the accused can demonstrate that their attorney gave them no advice at all, that can be sufficient to set aside the conviction.

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