Recent Blog Posts in 2010 |
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| June 21, 2010 |
| What is a Diversion Program? Am I Eligible? |
| Posted By Brett Schwartz |
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A diversion program is a negotiated resolution that would guarantee that your criminal case is dismissed, once certain conditions were fulfilled. Such conditions could include, classes such as a theft class or drug course and community service hours or both. However, the end result is that your case is dismissed and you may then be eligible to have your case expunged, which would allow you to wipe the case off your record.
Regardless of whether you are charged with a felony or a misdemeanor, you may be eligible for a diversion program. Typically, such a program is only offered on certain types of cases and are not usually offered in cases that involve violence. However, our attorney have successfully obtained the diversion program for clients on serious criminal cases by establishing a lack of evidence through the discovery phase. We have gotten client's charged with Burglary with Assault/Battery and Aggravated Battery into a diversion program.
If you have been charged with a criminal offense, call Hager & Schwartz, P.A. to discuss your case and how our attorneys can help you through this difficult process. |
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| May 07, 2010 |
| Man Arrested in Deadly Attack Over Cigarettes |
| Posted By Brett Schwartz |
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Police have arrested man suspected of fatally punching another man in the head.
The charges stem from an incident in which the suspect, Sosthene Louis, allegedly walked up to the victim and a friend and asked them for cigarettes. The victim, 26-year-old Lisney Oliveira, told Louis that he didn't have any cigarettes and continued walking. According to police, Louis followed the men and then punched Oliveira in the backed of the head, causing him to fall and hit his head on the concrete sidewalk.
Oliveira was taken to a nearby hospital, where he later died. Louis has been charged with second-degree murder for the attack.
Aggressive Defense Against Violent Crimes
Murder of any degree is one of the most serious charges an individual can face. If you or someone you love has been arrested for murder, assault & battery, or another violent crime, it's important to contact an experienced defense attorney right away.
At Hager & Schwartz, we have defended countless clients throughout the Miami-Dade area against all types of crimes and charges, including violent crimes like second-degree murder. We understand the magnitude of what you are facing, and are prepared to build an aggressive defense on your behalf. Our goal is to protect your rights and vigorously fight your charges to help you avoid a life-changing conviction.
To learn more about our services, please do not hesitate to contact a Miami criminal defense lawyer at our office today by calling (866) 850-7575. |
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| January 11, 2010 |
| Domestic Violence Laws: Who is it protecting? |
| Posted By Brett Schwartz |
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Every single week, our attorneys at Hager & Schwartz, P.A. speak with new clients who recently got arrested for allegedly committing an act of domestic violence against another, whether the relationship at issue is an ex-girlfriend/boyfriend, husband/wife, or even parent/child.
However the arrest is usually based upon facts never found in an officers investigation. The reason is sad but simple, POLICE OFFICER(S) RARELY EVEN CONDUCT AN INVESTIGATION IN DOMESTIC VIOLENCE CASES! A pathetic reality to a rather disturbing trend in our criminal justice system.
The truth of the matter is that police officers care more about being publicly exposed for what they don't do than for what they do do. The example I usually discuss with domestic violence clients is that if a police officer has to respond to a domestic violence dispute, an arrest will always be made, regardless of what evidence is found in what typically is a very quick investigation. These investigations usually consist of no more than speaking to the parties and arresting the one they believe the least.
What the police officers do not consider is that they are quite often arresting a person who may have done absolutely nothing wrong and because of the arrest, will be scarred for life with a criminal record as a result of the officer's failure to conduct a thorough investigation.
Arrests are only supposed to be made when there are enough facts that rise to the level of what we lawyers call "Probable Cause." This means that there has to be some credible evidence for a police officer to believe that a crime was committed and that the person they arrest committed that crime. Unfortunately, most arrests result after a police officer speaks to an alleged victim with no consideration as to the motivations behind such statements. The officer usually will use that statement alone as evidence to justify the arrest for domestic violence. In cases, where there are other factors, the officer will often use a victim's injury against the defendant but not use the lack of one to his benefit. The officer will speak to witnesses who support the victim's story but ignore witnesses who support the defendant's side.
Which leads me to an important question. Is it the limited evidence that is the driving motivation behind many domestic violence arrests or the officers concern as to their personal public exposure should an arrest not be made? |
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| January 11, 2010 |
| Fort Lauderdale Police Officers Suspended for Protection of Rothstein |
| Posted By Brett Schwartz |
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According to the Sun Sentinel, the city has suspended two Fort Lauderdale police officers who may
have violated department policy in their off-duty work last year for
Ponzi suspect Scott Rothstein.
Suspended
with pay Friday were Sgt. Steve Greenlaw and Officer DeAnna
Garcia-Lemieux, city officials confirmed. The two guarded Rothstein's
Harbor Beach home, his Bova Prime restaurant and his law firm, Rothstein Rosenfeldt Adler, city records show.
They also were in charge of scheduling other officers' Rothstein
shifts. For their work as coordinators Rothstein paid each of them an
extra 5.5 percent of the overall off-duty pay, the records show. With
an estimated $300,000 in off-duty work last year, the two would have
received $16,500 each, plus payment for their individual guard work.
The city has no record of their total intake.
"I can confirm
they were suspended with pay, and it was for issues arising out of the
Rothstein detail," Mayor Jack Seiler said Sunday morning.
After
months of the city and police department defending the Rothstein
off-duty work, the suspensions were the first official acknowledgement
of possible wrongdoing.
City policy prohibits officers acting
as personal bodyguards, but officials wouldn't say Sunday whether
Greenlaw or Garcia-Lemieux or both are suspected of traveling with Kim
or Scott Rothstein, or which policies may have been violated. As their
off-duty employer, Rothstein could have given officers a higher rate of
pay than the city suggests, or could even have given bonuses without
necessarily running afoul of city policy.
Only if he'd given an
expensive item or large financial bonus would it draw the city's
investigative attention, officials have said.
The guarding of
Rothstein's residence was unique: No other person in the city's history
has hired officers on a permanent, 24-hour basis for a private home.
Still, top city officials, including Police Chief Frank Adderley,
considered the work to be distinct from being a bodyguard, and approved
it last spring.
Seiler recently said he will try to have the
police union contract rewritten to ban prolonged guarding of homes, so
a detail like Rothstein's would never again be allowed.
Every day, the continued Rothstein investigation reveals more reasons why society's trust in police officers, public officials and attorneys has diminished. Those who we are supposed and should be relying upon the most are creating a perception that no one, whether it be elected official or hired hand is trustworthy. The perception unfortunately has become that all that matters is the almighty dollar regardless of the cost to the rest of us. What a shame, what a shame! |
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