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How Do Cruise Lines Deal with Crimes Committed at Sea?

Many embark on cruises to escape daily life and enjoy luxury on the high seas. The unfortunate truth is that crimes can happen anywhere. When crimes occur at sea aboard a cruise line, there can be some confusion about what happens to those accused of criminal offenses. How a criminal offense at sea is handled depends on several factors, including the severity of the offense, where the cruise ship was located at the time of the incident, and more.

Legally, cruise ships occupy a grey area. They are registered in one country, owned by a company headquartered there or in another country, and often allowed to travel through international waters with crew and passengers of many national origins. When crimes occur aboard cruise ships at sea, several parties or countries may want to exert legal authority over the criminal matter.

The nation where the cruise ship is registered will have jurisdiction over administrative issues such as labor, maintenance, and safety. Thfcriminis is known as the ‘flag state.’ Several cruise ships that frequent Florida waters are registered in the Bahamas, Malta, and Panama.

The country where the cruise line is incorporated and has its headquarters may claim jurisdiction for certain crimes at sea. For example, a cruise ship company headquartered in the United States may give rise to the US having an interest in the outcome of the criminal investigation.

When crimes occur at a port or harbor, the country where the port is located generally has jurisdiction. However, crimes committed on the high seas fall under the flag state’s jurisdiction. Additionally, the nationality of the victim or the accused can also determine jurisdiction.

Florida law also defines the state’s special maritime criminal jurisdiction over certain criminal offenses on cruise lines, even in international waters. The Florida statute outlines the scenarios in which the state can prosecute for crimes that occur on cruise ships outside of territorial waters, including:

• If the defendant was a Florida resident
• If it was a violent crime against a Florida resident
• If the victim was a Florida law enforcement officer
• And more

What Crimes Are Commonly Reported on Cruise Ships?

If you are accused of a criminal act aboard a cruise ship or other seafaring vessel, our Florida law firm can help defend your legal rights to achieve the most optimal outcome for your case. Our attorneys have years of experience assisting clients accused of crimes at sea, making us uniquely qualified to represent your case.

Examples of crimes committed aboard cruise ships include the following:

• Aggravated assault and sexual assault committed by crew members
• Arson
• Assault and battery
• Destruction of property
• Drug crimes, including possession or trafficking of drugs
• Homicide or suspicious deaths
• Kidnapping
• Manslaughter
• Missing person cases
• Public intoxication incidents
• Rape and sexual assault
• Serving alcohol to minors
• Sex crimes due to alcohol or drugs
• Sexual harassment
• Theft
• Violent crimes

Many cruise lines independently report statistics on serious crimes committed aboard their ships. Additionally, certain serious crimes must be reported to the FBI for most passenger vessels embarking from or disembarking in United States ports.

Does a Cruise Ship Have Its Own Jail or Police Force Onboard?

The jail found on a cruise ship is known as the brig. Brig is short for the nautical term brigantine, a ship once used to transport criminals. Brigs function differently than jails found on dry land, as they are not big and are meant to hold those accused of crimes until the proper authorities can take over the investigations.

Cruise lines do not have police on board (except for off-duty police officers who are passengers aboard cruise ships). Instead, a cruise line employs security personnel. Ultimately, the ship’s captain has the decision-making authority on what should happen to those suspected of criminal acts committed aboard the ship. The captain has the authority to dock early to report the crimes or continue their scheduled course while placing the supposed criminal in the brig.

Minor crimes rarely result in a person being placed in the brig. More often, a minor criminal offense will result in a passenger or crew member being remanded to their cabin for the duration of the trip. More serious crimes may result in the captain and security teams placing individuals in the brig, awaiting a more thorough investigation of the supposed offense. Crimes that could land someone in the brig include murder, sexual assault, and the possession of illegal substances.

Who Investigates Cruise Ship Crimes?

Security personnel employed by cruise ship companies are typically among the first responders in most criminal cases because they are expected to ensure the continued safety of all passengers on board until they can hand over the investigation to law enforcement on land. Jurisdiction is a complex issue regarding cruise ship crimes, often requiring negotiations and investigations conducted by several governments and officials.

Local authorities will have clear jurisdiction over legal issues if the ship is in port when a criminal act is committed. Every country is also entitled to jurisdiction in waters within 12 nautical miles of its shorelines.

When ships travel beyond the 12-mile limit, jurisdiction generally falls to the laws of the ship’s registered country or flag state. If the crime occurs on open water, the captain will decide whether to make an unscheduled stop at a nearby port or proceed to the next scheduled port of call.

When a United States citizen commits a crime on a cruise ship or is otherwise the victim of a crime aboard a cruise ship, the FBI frequently attempts to investigate the offense. However, the FBI investigation is sometimes secondary to investigations conducted by other law enforcement involved in the case. The FBI sometimes may not begin its investigation until the cruise ship returns and then do so in conjunction with law enforcement officials in the port city.

What Laws Are Applicable to Crimes Committed Off the Florida Coastline?

An investigation will determine the suspects and gather evidence related to the case. Once this has been completed, the question becomes where formal charges will be filed. Various laws may be applied depending on the circumstances of the criminal offense and where it occurred at sea.

The flag states laws govern serious crimes such as homicide regardless of the nationality of the suspect or victim. The cruise line’s base country may also seek to prosecute matters under its laws, particularly if citizens are involved as victims or as the accused.

In some instances, a country may claim jurisdiction over all crimes committed in their territorial waters, even extending that authority over docked foreign-flagged ships.

Suppose the crime occurred in international waters. In such cases, unique maritime laws may come into play. You will need an experienced lawyer to represent your interests.

What Are Your Legal Options When Facing Criminal Charges Aboard a Cruise Ship?

If you are facing prosecution for a criminal offense supposedly committed aboard a cruise ship, you need professional legal representation to defend your interests.

A criminal defense lawyer can help in the following ways:

• Advocate on your behalf both in a courtroom trial setting and out of court
• Determine jurisdiction and the different laws that may apply to your defense
• Examine the evidence gathered by authorities to look for holes in the prosecution’s case
• Help avoid prosecution in the United States by navigating extradition
• Negotiate with prosecutors to reach a plea deal or limit the charges

Getting arrested while on a cruise is very unnerving, but it’s important to remember that you have legal rights worth defending. An experienced Florida criminal defense lawyer can help explore various legal options for building a defense, including arguing a lack of jurisdiction, showing that evidence was unlawfully obtained, pointing out the unreliability of eyewitness statements or forensic evidence, and proving a lack of evidence sufficient to support the charges.

Schedule a Free Case Evaluation with Our Experienced Criminal Defense Lawyers Today

Do not hesitate to seek professional legal counsel if you have been accused of a crime aboard a cruise ship. Cruise ship criminal offenses are more complicated than most other criminal matters, and you need professional legal representation to defend your rights.

Our Florida law firm has extensive experience representing various criminal matters, including representing the interests of clients accused of crimes on board cruise ships. From Port Everglades to other ports in Florida, we are here to serve you. To learn more about our legal services and how we may assist you during this difficult time, please contact our law office to schedule your free initial consultation with our legal team today.

You may reach us at 954-543-1186.

What Does the Law Say About Theft in Florida?

The law in Florida under statute 812.014 defines theft as intentionally obtaining or using or attempting to get or use someone else’s property, intending to:

• Deprive the owner by stripping them of their right to the property or its benefits
• Appropriate yourself by taking the property for your use or somebody else’s who doesn’t have a right to the property.

The definition of theft brings out the essence of a specific intent in your behavior, putting the burden to prove your intention on the prosecution. If you’re facing theft charges, don’t take them lightly, as the penalties could dramatically affect you. Consult a skilled criminal defense lawyer in Fort Lauderdale to help you understand your rights and evaluate your options.

What Are the Types and Degrees of Theft?

A theft attorney in Fort Lauderdale says that your charges could vary in intensity depending on the type of theft and circumstances of the case. The law categorizes theft into several degrees, based on specific criteria and penalties, including the value of the stolen property and circumstances of the theft:

Petit Theft

Petit can be a first-degree misdemeanor if it involves property of more than $100 but less than $750. It is a less severe offense than grand theft but can attract severe penalties. If convicted, the court can impose a one-year jail term and a fine of up to $1,000.

The offense can also be categorized as second-degree petit theft or petty theft. If the stolen property is less than $100, this is the lowest theft offense you can be charged with. You risk no more than 60 days in jail and a fine of no more than $500.

If you have previous convictions for petit theft, you risk being charged with a third-degree felony. The potential penalties are up to five years behind bars and a fine of up to $5,000.

Shoplifting Offenses

Shoplifting offenses, also known as retail theft, are common in Florida. Fort Lauderdale theft lawyer says you can face misdemeanor or felony charges for shoplifting, depending on the value of the property involved:

• Retail theft of below $100: Potential penalties are the same as those of second-degree petit theft.
• Retail theft of between $100 and $750: Potential penalties are similar to those of a first-degree misdemeanor petit theft
• Retail theft of more than $750: This is a third-degree felony that attracts a prison sentence of not more than five years or a maximum fine of $5,000.

Grand Theft

Grand theft is the illegal taking of items worth $750 or more and can be classified as follows:

• Third-degree grand theft: The value of the stolen property ranges from $750 to $20,000. However, theft of emergency medical equipment, regardless of the value, falls under this theft category. Potential legal consequences include up to five years in prison and fines of up to $5,000.
•  Second-degree grand theft: The property involved is worth between $20,000 and $100,000 or specific cargo worth less than $50,000. A conviction can have you imprisoned for up to 15 years and probation for the same period. You could also face fines of up to $10,000.
•  First-degree grand theft: It is the most severe category of grand theft and involves property worth $100,000 or more, cargo worth more than $50,000, theft of a semi-trailer used by law enforcement, significant property damage, or use of a motor vehicle that damages someone’s property. The penalties include 30 years in jail and up to $10,000 in fines.

The stiff penalties indicate the severity of theft charges in Florida and the importance of having a robust defense plan to fight for your rights. An experienced theft lawyer in Fort Lauderdale can work with you and help you evaluate your options.

What Are My Rights and Legal Options When Facing Theft Charges?

The law protects your rights when facing theft charges by allowing you to defend yourself against the accusations. You can leverage the following legal strategies to impact the case outcome significantly. Depending on how well you defend yourself, the charges can be dropped or penalties reduced:

Lack of Intent

You can water down the prosecution’s claims by arguing that you lacked intent to steal the property. For example, you believed you had joint ownership or the right to take the property. Alternatively, it could be that you had the owner’s consent to use the item, suggesting a lack of intent to steal.

Mistaken Identity

Mistaken identity can be a defense against theft charges if you were merely present at the crime scene but didn’t participate in committing it. This defense can also solidify the lack of intent if you were present but didn’t aid the theft.

Another example of mistaken identity could be if you genuinely believed you had the right to take an authorized emergency vehicle or one you didn’t know had been stolen. Your argument of mistaken identity aims to demonstrate a lack of intent to commit the crime.

Depending on the charges and case specifics, other defenses could be available to you. In every case, it’s crucial to have an aggressive criminal defense lawyer to hold the prosecutor to their burden of proof.

A Skilled Theft Lawyer Helping You Understand Your Legal Rights and Options

Facing theft charges in Florida can be daunting, given that the penalties can alter your life, depending on the case specifics. Consider hiring a skilled Fort Lauderdale theft attorney to help you build a strong defense strategy to beat the charges.

We have a knowledgeable theft lawyer at the George Reres Law Firm who can evaluate your case and advise on your legal options. A lot is at stake, with a conviction putting you at risk of being locked out of a job, education, and housing opportunities. Let us help you fight theft charges to protect your rights and future. Call us at 954-543-1186 to schedule a FREE case assessment.

What Happens if I Have Been Falsely Accused of a Sex Crime?

Sex crimes are serious offenses. Because of the difficulty in proving sex crime allegations, many people do not come forward to report them. Some estimates place the number of reported sex crimes at only 25%. It is vitally important that people who are the survivors of sexual offenses come forward with their stories. However, in some instances, those who come forward do so with ulterior motives.

It is estimated that up to 10% of allegations of sexual offenses are false. Motives for filing false reports may include but are not limited to seeking revenge, mental illness, and pressure from friends and family. Because of growing awareness of the prevalence and seriousness of sexual offenses, law enforcement has steadily begun to take allegations more seriously in recent years. This means that if you or a loved one are the victim of false claims, you may be facing serious jail time. That is why anyone falsely accused of sex crimes should immediately hire the services of an experienced attorney.

What is a Sex Crime in Florida?

Sex crimes in Florida cover a wide range of activities. Generally speaking, a sex crime is any offense that involves unwanted sexual activity with another person or any sexual activity with an individual below the age of eighteen when the perpetrator is an adult. Sex crimes may include but are not necessarily limited to:

• Rape
• Sexual Assault
• Child Molestation
• Possession, Manufacture, and Distribution of Child Pornography
• Indecent Exposure
• Sexual Battery
• Voyeurism

While consensual sexual activity between minors will generally not be prosecuted, minors can still be charged for unwanted sexual activities involving other minors or adults.

Florida also has a legal provision known as the Romeo and Juliet law. This is a legal stipulation to prevent the prosecution of individuals who engage in consensual sexual conduct with minors as long as the individuals are within four years of age of one another. The Romeo and Juliet law is meant to prevent overzealous law enforcement officers or parents from bringing unjust charges against individuals who may have entered into a sexual relationship while both were still minors.

What are the Penalties for Sex Crimes in Florida?

The penalties for sex offenses vary depending on a variety of factors. These can include the severity of the offense, the age of the victim, whether the offender has any prior convictions for sexual offenses, and other factors. Most of the time, sex offenses against younger individuals and sex offenses involving violence, threats of violence, or the use of force will result in harsher penalties.

Penalties for non-violent offenses will generally be lighter. For example, someone found guilty of indecent exposure can expect to face a year in jail and a fine of up to $1,000. However, some non-violent offenses can still carry harsh sentences. Individuals found guilty of possession of child pornography can be sentenced to anywhere from five to thirty years in prison and a $5,000-$10,000 fine.

Violent offenses generally carry harsher sentences. For example, individuals found guilty of sexual battery face fifteen or more years in prison. Individuals found guilty of lewd and lascivious conduct involving a minor face a penalty of up to life in prison.

Anyone convicted of a sexual offense must also file with the sex offender registry. For many individuals, this is a lifelong requirement. This means as long as a person lives, they will have to register as a sex offender. This means their information will be available to the public, including their name, photo, and the charges they were convicted of.

This can potentially impact the remainder of a person’s life and severely limit what jobs they can have, where they can live, and what type of social interactions they are allowed to have.

What Are Defenses Against Allegations of Sex Crimes in Florida?

Due to their nature, sex crimes are often difficult to investigate. This is why many victims choose not to come forward. Depending on the case, proving a sex crime occurred may come down to circumstantial evidence or a “he said, she said” situation. Many times, proving at trial that a sex crime occurred can come down to the accuser and victim’s credibility, the alleged circumstances of the case, and the judge and jury’s preconceived notions about both sex crimes and the individuals involved.

Multiple defenses are available to individuals charged with sex crimes. Remember, the burden is on the state to prove that a crime occurred. All the defendant must do is cast reasonable doubt on the prosecution’s case. This can include establishing consent or proving an alibi. In some cases, it may mean challenging the accuser’s credibility or the credibility of the state’s case.

If you can establish that procedural errors were made by the state in collecting evidence, this can be a solid defense. You can also focus on flaws in the evidence or establish that the evidence being presented does not prove beyond a reasonable doubt that you are guilty of a crime.

These are only a few of the potential defenses that can be presented. If you are charged with a sex crime, you must contact an experienced attorney. A lawyer with a background in defending people against sex crime allegations will be able to assess the circumstances of a particular case and help build the best and most vigorous defense. Remember, a sex crime conviction can come with potentially life-altering consequences.

What Should I Do if I’m Charged with a Sex Crime in Florida?

Everyone accused of a crime deserves a strong defense in court. This includes individuals accused of having committed sex crimes. If you or a loved one are facing allegations of sexual offenses, don’t hesitate to contact George Reres Law, PA, located at 973 W State Rd 84, Fort Lauderdale, FL 33315. The attorneys of George Reres Law, PA, know that sometimes good people face false allegations. They believe everyone deserves the best defense they can receive. They’ll work tirelessly to help build a case for you and tailor your defense to the precise circumstances. They know what kind of impact a false conviction can have on a person and want everyone to be able to go on living their best lives free of stigma.

False allegations of sexual misconduct can be frightening. With the law firm of George Reres Law, PA, on your side, they don’t have to be. If you or a loved one are facing sex crime charges, immediately contact George Reres Law, PA, at 954-543-1186 or email them for a free evaluation.

What is Probation?

According to Florida law, probation is a form of community control or supervision that requires an offender to adhere to court-ordered punishments for committed crimes instead of incarceration. The state recognizes probation as a privilege that may be revoked and is not considered a punitive sentence. Probation is not considered punishment. The primary purpose of this privilege is the rehabilitation of the offender and the protection of society.

Probationary terms may include:

• Reporting to a probation officer on a regular basis
• Maintaining employment throughout the probationary period
• Visits by the probation officer at work, home, school, or other locations
• Random drug and alcohol testing
• Prohibition of associating with known criminals or participation in criminal activity
• Inability to possess or carry a firearm or other weapons
• Staying within a certain geographic area and needing the Judge to approve travel
• Other terms required by the court

What are Examples of Common Probation Violations?

Probation violations occur when an offender willfully and substantially disregards the terms and conditions of their probationary sentence. It may happen in many different ways, each resulting in a specific punishment or consequence for the violation. Examples of probation violations are as follows:

• Failure to report to a probation officer
• Failure to pay fines, restitution, or court fees
• Failure to complete court-ordered programs
• Commission of new crimes
• Possession of illegal substances
• Leaving the established jurisdictions without permission
• Failure to maintain employment or education
• Association with known criminals
• Acts resulting from mental illness
• Acts resulting from negligence or ineptitude
• Failure to perform ordered community service
• Violation of a restraining order or order of protection
• Failing a drug test

Probation violations leave an offender with less protection than committing the original crime. Proceedings to decide the penalties that will accompany the violation will differ from criminal proceedings. Because the offender has already been sentenced, the following conditions are imposed:

• No statute of limitations
• Revocation of the right to a bond while awaiting violation of probation hearing
• Revocation of the right to a jury trial 
• Hearsay is admissible in a violation of probation hearing
• Offenders may be forced to testify against themselves
• Guilt is proven by preponderance of the evidence instead of beyond a reasonable doubt, a much lower burden of proof for the prosecutor to meet

How is a Violation of Probation Proven?

To prove that a violation has occurred, the prosecution must establish, by the “greater weight of the evidence,” that an offender committed the violation, which was both willful and substantial. The prosecution must provide competent evidence that supports a finding of guilt.

Florida appellate courts recognize that probation may only be revoked in instances where an offender deliberately and willfully violates one or more conditions of probation. Trial courts have broad discretion in determining a willful and substantial violation of a probationary term and if the greater weight of the evidence has sufficiently demonstrated the violation. Determining whether or not a violation has been willful and substantial occurs on a case-by-case basis.

In most cases, if the offender has made reasonable efforts to comply with the conditions of probation, a violation will not be deemed willful.

What are the Penalties of Probation Violations?

If an offender is found guilty of or admits to a probation violation, the judge must take one of the following actions:

• Revocation of probation
• Modification of probation
• Continuation of probation

Revocation of Probation

The revocation of probation is the most common penalty associated with the commission of a new crime or violation for a serious or violent felony offense. When this happens, the judge must decree the offender to be guilty of the underlying offense and impose any sentence that could have been imposed for the original offense.

If the offense does not warrant incarceration, the judge may consider a new probationary term that does not account for prior probationary time served. However, incarceration is more likely.

If the offender is considered dangerous to society or qualifies as a Violent Offender of Special Concern, a judge may impose an incarceration sentence up to the maximum penalty for the criminal charge.

Modification of Probation

Modifying probation terms is the most common consequence for first-time violators or for violators with an underlying non-violent offense. Modification may include changing the terms of supervision or extending the probationary period.

Continuation of Probation

Continuation of probation does not happen often in response to a probationary violation. When a judge finds an offender guilty of a probation violation but decides against revoking or modifying probation, they will simply admonish the offender and continue the term with a warning against further violations.

What Should You Do If You Have Violated Probation?

If you believe that you have violated the terms of your probation, you must act quickly and follow these steps:

• Contact your probation officer: You must be as transparent and proactive as possible about the violation in an effort to demonstrate that you are willing to comply with probation conditions.
• Gather documentation: Collect any evidence that supports your case, including proof of employment, enrollment in court-ordered programs, or receipts for paid fines. These documents will demonstrate positive efforts to comply with probationary terms.
• Attend all court hearings: Failure to appear in court will likely result in additional penalties and a higher likelihood of revoking your probation.

Do I Need an Attorney?

If you or a loved one have been accused of violating a probationary term, you may have more options than you know to contest or minimize potential penalties. To make the best decision for your future, call George Reres Law, PA, at 954-543-1186 or fill out a contact form to schedule a free consultation.

Knowledge Is Power When Facing Murder Charges

There are times when the seriousness of criminal allegations is not immediately apparent to those accused of crimes. This is not the case when it comes to murder charges. A conviction for murder carries serious penalties regardless of where allegations are made. That’s why critical legal considerations for defending against murder charges must be accounted for.

While the outlook of the situation may seem bleak, the reality is that there’s no such thing as an “open and shut” case. If you’re charged with murder, there are various legal strategies to avoid conviction. In fact, only just over half of all murder cases result in a conviction — so clearly, a bit of knowledge and preparedness can give you a fighting chance at avoiding conviction.

Understanding the Charges Against You

The first thing a person must do when facing murder charges is understand the allegations being made against them. Specific charges can vary by jurisdiction, just as potential penalties can differ. However, allegations related to killing another person typically fall into one of the following categories:

• First-degree murder: This charge is levied for allegations of premeditated murder or when someone dies as the result of certain felonies
• Second-degree murder: Prosecutors use this charge when a defendant allegedly killed someone through dangerous acts without regard for human life
• Manslaughter: A person can face manslaughter charges if it’s alleged that they killed someone unlawfully without intent (e.g., negligence or recklessness)
• Vehicular homicide: Prosecutors can bring this charge when a defendant allegedly caused death through the reckless operation of a vehicle

While statutes can vary by jurisdiction, these are the charges most people see when they’re accused of unlawfully taking another person’s life. However, prosecutors will sometimes overcharge a person to elicit a guilty plea during plea negotiations. This is why it’s so important to remember other key considerations when defending against murder charges. 

Presumption of Innocence

We’ve all heard the phrase “innocent until proven guilty” on television shows and in the media. However, it might not feel this way if you’re facing murder charges. Police interrogate suspects with the assumption that they’re guilty, and prosecutors frequently overlook exculpatory evidence in an effort to convict whoever the police officially accuse.

Fortunately, the behavior of police and prosecutors does not dictate what rights you’re entitled to. The presumption of innocence means that the burden of proof is on the government to prove your guilt. In reality, the defense doesn’t even have to present a case if they believe the government has failed to prove guilt beyond a reasonable doubt.

However, this is a risky move — so it’s best to speak with an attorney before making any decisions regarding your legal strategy.

State-Specific Sentencing Considerations

When defending against murder charges, it’s also crucial for you to take state-specific sentencing considerations into account. Probable penalties should play a significant role in any potential legal defense.

Let’s look at Florida law as an example. With the death penalty on the books, it may be more beneficial to engage in plea negotiations that could reduce such harsh sentencing. Additionally, the state has a mandatory life sentence minimum for first-degree murder. This reality will guide both plea negotiations and trial strategies.

It’s also worth understanding that many states — Florida included — take aggravating and mitigating circumstances into account. For instance, a person with a violent criminal record may face harsher sentencing. Similarly, mitigating factors could reduce the likelihood of severe sentencing — up to and including avoidance of the death penalty or life in prison.

Key Legal Defenses in Murder Cases

Perhaps the most critical legal consideration when defending against murder charges is the actual defense strategy employed. This will dictate the course of a trial. In some instances, it may affect whether a case ever even makes it to trial. The important thing to remember is that there are various effective legal defenses when charged with homicide:

• Self-defense 
• Stand your ground laws 
• Insufficient evidence 
• Alibi 
• Mistaken identity 
• Mental incapacity or insanity 
• Accidental death 
• Challenging felony murder charges
• Lack of criminal intent
• Involuntary intoxication

While each of these legal strategies can be highly effective, don’t fall into the trap of thinking they’re “one size fits all.” We’ve seen countless examples of individuals convicted of murder after claiming self-defense. The point is that these defenses won’t always work. The reality is that the legal strategy used in a case must be catered to the unique circumstances of that case. 

An experienced attorney can review the charges against you and help identify the best legal strategies for avoiding conviction. 

When to Hire an Attorney

Perhaps the most important legal consideration when defending against murder charges is when to hire an attorney. For many criminal cases, people instead ask if they should seek legal help, and in every instance, the answer is “yes.” When it comes to allegations as serious as murder, there’s never a time when representing yourself is a good option.

There’s an old saying that states, “A person who represents himself has a fool for a client.” While this adage may seem abrasive, the point is that a criminal defense attorney is critical when your freedom and life are on the line. A skilled legal professional knows how to build a convincing case. Simply put, it’s always the right time to speak with an attorney.

However, you’ll be doing yourself a favor by reaching out to one as soon as possible. At George Reres Law, PA, our legal team understands the critical legal considerations when defending against murder charges. Contact us at 954-543-1186 today — and we’ll fight hard to secure a favorable outcome on your behalf.

What Is Money Laundering?

Money laundering is a catchall term that describes finding a way to take money earned illegally (from selling illegal drugs or sex trafficking, for example) and disguising the source of the money to make it appear legal so that it can be used in everyday financial transactions.

Most schemes have three steps to transition the cash from illegal to appearing legal. 

• Entrance. This is when the money enters the financial system. It’s often done by making a series of smaller deposits or investments rather than dropping the entire lump sum in one place. 
• Movement. The money is then moved around multiple times in a process called layering, which is done to make it harder to trace back to the original depositor.
• “Clean” money. Once enough movement has taken place, and the money’s origins are obscured, the money goes back to the original depositor, appearing legal and above board.  

What Are Some Common Money Laundering Tactics?

There are many. These are among the most common.

• Mules. People are often familiar with the concept of drug mules or otherwise innocent people who agree to smuggle drugs into their bodies for someone else. But mules also involve cash. Money launderers usually don’t let innocent people know what the overall scheme is, but they deposit money that the launderers can later transfer out of those accounts.
• Smurfs. These use the three steps described above to avoid federal and international scrutiny. They routinely deposit amounts of money that aren’t large enough to attract attention.
• Shell companies. While a shell company can be legitimate, it can also be used to squirrel away money and not report it to tax authorities. 

What Are the Consequences of Being Convicted for Money Laundering in Florida?

Florida law takes money laundering quite seriously. Consequences for convictions can be severe depending on the extent of the laundering and the illegal activities involved. The federal government may also be involved. What’s more, often, money laundering charges aren’t the only charges, but may be add-on charges to other crimes that come with their own consequences if convicted.

If convicted, the defendant (the person charged with the crime) could face up to 20 years in prison and fines up to $500,000 or twice the value of the property involved in the crime, whichever is more.

There may also be civil charges involved if people claim they were defrauded or suffered financial losses from being involved in the laundering.

What Are Some Approaches for Defending Against Money Laundering Charges?

Because the consequences can be so dire, it’s crucial to work with an experienced money laundering defense attorney who understands the laws and how to counter them. Every case is unique, but these are some strategies that might be used in your case. 

• No underlying criminal conduct. This involves presenting evidence that the financial transactions targeted by the prosecutor were documented as legitimate business activities. 
• No intent to conceal or deceive. This involves being able to prove that the person with the funds did not intend to conceal the funds or deceive law enforcement about the funds and their source. Intent is key for the prosecution’s case. If they can’t prove there was criminal intent, they will have a more difficult time achieving a conviction.
• Lawful property. This involves proving that any gained property was gained legally.
• Coercion. In some cases, being able to prove that the defendant was coerced or under duress to conduct the money laundering operation, they may not be convicted or convicted of a lesser crime.
• Lack of evidence. The prosecutors have to prove their case beyond a reasonable doubt. That takes significant evidence. If there is no evidence, or the evidence can be soundly disputed, that alone may bring an acquittal. 
• Constitutional violations. Several Constitutional amendments provide certain legal protections, such as the right to an attorney and the right to remain silent. If the defendant was not informed of their Constitutional rights or was deprived of them, the case may be dropped even if the prosecutor has significant evidence. 

What Should I Do if I’ve Been Charged with Money Laundering?

Call George Reres Law as soon as possible at 954-543-1186 to schedule a free case evaluation. These are serious allegations, and you shouldn’t undertake to defend yourself without experienced legal counsel. The laws are complex, and the consequences of conviction can be extensive and life-altering. Our team of experienced, knowledgeable criminal defense attorneys can review your charges and specifics to guide you through planning a defense that could have the best possible outcomes. 

Make sure to give your attorney all information and paperwork relating to the case, including any additional charges that aren’t directly money laundering. It’s imperative for your attorney to know all the charges, especially if there are both state and federal agencies involved. 

There are also things that are vital you don’t do. 

• Stop any ongoing financial activity. It could raise questions and suspicion even if you think it’s legitimate and legal. 
• Don’t destroy anything. It’s easy to panic and worry that records, whether print or digital, should be destroyed. But if you destroy something that could have been considered evidence, that could complicate and worsen your legal situation.

Don’t talk to anyone but your attorney. Investigators for the prosecution would love to talk to you on your own, but you have a Constitutional right to only speak with an attorney present. Don’t give up that right.

If You Get Arrested at a South Florida Airport, What Do You Need to Know?

Let’s say you are placed under arrest at an airport in South Florida, and you are subsequently charged with a crime. If that happens, you must be represented by a Fort Lauderdale criminal defense lawyer, and you must reach out to that lawyer as quickly as possible after your arrest.

As a response to hijackings, terrorism, and drug trafficking, airports and law enforcement agencies throughout the United States now enforce a zero-tolerance policy regarding airport-related criminal activity. Fort Lauderdale-Hollywood International Airport is no exception.

What Are the Most Common Crimes at South Florida Airports?

Law enforcement officers at Fort Lauderdale-Hollywood International and other South Florida airports do not hesitate to issue citations and make arrests, especially for common airport-related offenses such as:

1. having prohibited items in carry-on luggage (the most common crime at airports)
2. drug trafficking
3. unlawful drug possession
4. assault
5. “unruly” behavior and disorderly conduct
6. attempting to use fraudulent travel documents

Prohibited items in carry-on luggage include but are not limited to guns, knives, baseball bats, box cutters, unlawful drugs, and flammable materials. The Transportation Security Administration (TSA) website provides an up-to-date list of prohibited carry-on items.

Who Enforces the Law at Fort Lauderdale-Hollywood International?

The Broward Sheriff’s Office (BSO) is the primary agency providing Fort Lauderdale-Hollywood International Airport law enforcement services. The BSO works closely with U.S. Customs and Border Protection, the FBI, and the U.S. Department of Homeland Security to ensure airport passengers, visitors, and businesses have a secure, safe, pleasant environment.

The Broward Sheriff’s Office investigates criminal activity on airport property, patrols terminal buildings, provides traffic and parking enforcement, and helps travelers and motorists. The BSO deploys these units at Fort Lauderdale-Hollywood International:

1. a Criminal Investigations Unit
2. an Incident Containment Team
3. an Explosive Detection Canine Unit
4. a Motorcycle Unit

What to Expect During an Airport Arrest

An arrest at an airport can be quite frightening and confusing. Don’t panic. Be cooperative and polite to the officers, but insist on your constitutional rights. You may be arrested at a security checkpoint, a gate, or even on a plane if illegal items are found in your possession.

Law enforcement officers may search your person, luggage, or vehicle if they reasonably suspect you are engaging in an illegal activity. A customs arrest can happen if contraband items are found in your luggage or on your person during a re-entry search. Never give the police your verbal consent to a search.

If law enforcement officers arrest you, they will take you to an airport police holding area. After you have identified yourself, you have the right to remain silent. You can simply say, “I prefer not to answer questions before consulting my lawyer,” and then say nothing more.

Arrested at an Airport? What is the Most Important Thing to Remember?

Most importantly, if law enforcement officers place you under arrest at a South Florida airport, insist on your right to speak with a Fort Lauderdale criminal defense attorney who can help you get released from custody.

Your defense lawyer will review the details of your arrest and the charge against you, and your lawyer will then develop a strategy for your legal defense. Whether you have been charged with a felony or a misdemeanor, a criminal conviction can have serious, long-term consequences.

If you are convicted of a felony or misdemeanor in South Florida, you could be fined, placed on probation, jailed or imprisoned, and you will establish a permanent criminal record that may show up for years to come in background checks for employment or housing.

Being arrested at an airport, even if the charge is later dismissed or you’re acquitted at trial, may also have a substantial impact on your future right to travel. You will receive increased scrutiny from airport security personnel, and in some cases, you may even be prevented from boarding.

How Will Your Attorney Help?

If law enforcement officers place you under arrest at any South Florida airport, it is essential to have an experienced criminal defense attorney working on your side and helping you navigate the legal process. How will a Fort Lauderdale criminal defense lawyer handle your case?

The police cannot search your person, luggage, or vehicle without probable cause. If the police conducted an unlawful search and seizure, or if you were wrongfully or improperly arrested, your defense attorney can insist that the charges against you should be reduced or dismissed.

If you were arrested at a South Florida airport, but you were unaware that you were violating the law, or if you had no criminal intent, your defense attorney will explain to the court exactly what happened and why you were arrested and charged. Your defense lawyer may:

1. ask the prosecution to drop the charge or charges
2. ask the court to dismiss the case
3. negotiate a plea arrangement that reduces the charge or charges and penalties, or
4. ask the jury to return a not-guilty verdict

Arrested at the Airport? Call George Reres Law

If law enforcement officers arrest you at a South Florida airport and charge you with a felony or misdemeanor, immediately call the award-winning team at George Reres Law. We will fight for the justice you need, protect your rights, and bring your case to its best possible resolution.

No matter what kind of crime you’ve been charged with, George Reres Law will work tirelessly to develop a strong defense on your behalf and win positive results.

A Fort Lauderdale criminal defense attorney at George Reres Law will work to have the charge or charges against you dropped or dismissed, negotiate a reasonable plea deal, or argue on your behalf at trial for a not-guilty verdict.

If you are charged with a crime – now or in the future – because of something that happened at a South Florida airport, contact George Reres Law as quickly as possible. Call our Fort Lauderdale offices at 954-543-1186 to schedule a no-cost, no-obligation case evaluation. Hablamos Español.

What is Drug Trafficking?

Drug trafficking in Florida is defined under Section 893.135 of the Florida Statutes. This statute dictates that any individual who knowingly sells, delivers, purchases, manufactures, or transports a specified amount of illicit substances in Florida is considered to be trafficking drugs. An individual who is knowingly in actual or constructive possession of a controlled substance above a certain threshold amount can also be charged with drug trafficking. The thresholds vary depending on the type of drug. For instance, possessing more than 28 grams of cocaine, 4 grams of heroin or fentanyl, 14 grams of amphetamines, or 25 pounds of marijuana can all trigger trafficking charges.

Being charged with drug trafficking can be a frightening experience and could result in life-altering ramifications. Trying to navigate the state’s complex legal system on your own is risky. It’s essential to speak with a skilled Florida drug trafficking defense attorney as soon as possible to discuss the defense tactics available to you. 

What Can Occur if You Are Convicted of Drug Trafficking?

The penalties for drug trafficking in Florida are severe and often include mandatory minimum prison sentences and substantial fines. For example, trafficking between 28 and 200 grams of cocaine carries a minimum sentence of three years and a fine of $50,000, while trafficking more than 400 grams can result in a 15-year sentence and a $250,000 fine.

Additionally, trafficking certain drugs like heroin in quantities above 30 kilograms can lead to a mandatory life sentence. These harsh penalties underscore the importance of mounting a strong defense against such charges.

How Can You Fight a Drug Trafficking Charge?

With so much on the line, it is critical to vigorously defend yourself if you’ve been accused of trafficking drugs. Luckily, several defense strategies may be employed to combat drug trafficking charges in Florida. Your attorney can examine your case and determine whether one or more of the following defenses may be applicable:

• Challenging the legality of the search and seizure: Often, one of the most effective defenses against drug trafficking charges is to demonstrate that the evidence was gathered through an illegal search and seizure, violating the defendant’s Fourth Amendment rights. If the search was conducted without a warrant or probable cause, the evidence obtained could be inadmissible in court
• Questioning the chain of custody for evidence: The prosecution must establish a thorough, unbroken chain of custody for the drugs in question. Any inconsistencies in how the evidence was handled can cast doubt on its integrity, potentially leading to its exclusion
• Positing a lack of knowledge or intent: The defense can argue that the defendant was unaware of the presence of the drugs or had no intention to traffic them. If the drugs were found in a shared space or vehicle and could have belonged to someone else, this defense may be particularly compelling
• Claiming entrapment: Law enforcement officers are not allowed to induce individuals to commit a crime they would not have otherwise committed. If the defense can prove that the idea to traffic drugs originated with the police or the police threatened or coerced the individual into engaging in the illegal acts, then an entrapment defense may be applicable
• Highlighting the insufficiency of the evidence: In all criminal cases, the onus is on the prosecution to demonstrate the defendant’s guilt beyond a reasonable doubt. A skilled defense lawyer may be able to introduce doubt in the prosecution’s version of events by questioning the credibility of witnesses, the reliability of evidence, or the methods used to test the drugs

What Other Legal Options May Be Available to Defendants?

While a complete dismissal of the drug trafficking charges is ideal, certain circumstances may make this outcome unlikely. However, some defendants in these situations may still be eligible for alternative sentencing programs, which can provide an opportunity to avoid the harshest penalties associated with drug trafficking convictions. First-time offenders, individuals facing untreated mental health issues, and those accused of trafficking smaller amounts of drugs are typically more likely to be considered for these programs. 

Your defense lawyer can evaluate your case and negotiate with the prosecution for alternative sentencing if they believe you may be eligible. Examples of the programs available in Florida include:

• Drug court: This program is designed for non-violent drug offenders and focuses on rehabilitation rather than punishment. Participants undergo intensive supervision, drug testing, and treatment. Successful completion of the program can result in reduced charges or dismissal of the case
• Pretrial intervention (PTI): PTI or Diversion is available for first-time offenders and involves a period of supervision and compliance with certain conditions, such as community service or drug treatment. Upon successful completion of the program, the charges may be dropped

Why is it Key to Seek Legal Counsel as Soon as You’ve Been Charged With Drug Trafficking?

Drug trafficking charges should not be taken lightly, as they can have long-lasting effects on your freedom, career opportunities, social connections, and family. Taking prompt action to mount a solid defense can be an imperative part of protecting your rights and your future. Enlisting the services of a knowledgeable drug trafficking defense attorney can be essential to combating these accusations and limiting their impact on you and your loved ones. An experienced attorney can develop a tailored defense strategy based on the case’s specifics by evaluating the evidence, identifying weaknesses in the prosecution’s case, and exploring all possible defenses.

Defense attorneys often have established relationships with local prosecutors and judges, which may be beneficial when negotiating plea deals or alternative sentencing options. These skillful negotiations may result in reduced charges or more favorable outcomes. If the case goes to court, a trial-tested attorney will be adept at presenting a compelling defense in court by cross-examining witnesses, filing important motions, and challenging the prosecution’s evidence. By seeking the representation of a trusted defense attorney early in the legal process, you give them the time and opportunity to investigate and build a strong case.

How Can Our Law Firm Assist You?

Drug trafficking charges in Florida can carry severe consequences, including lengthy mandatory prison sentences and hefty fines. At George Reres Law, PA, we believe in fighting aggressively to uphold the rights of our clients accused of drug trafficking. We leverage our years of experience to work for the best possible outcome in every case. If you or a loved one has been charged with trafficking drugs, contact our Fort Lauderdale office now at 954-543-1186 to schedule a free, in-depth case evaluation to learn more about your defense options. 

Charges of assault and battery are grave offenses that carry heavy penalties, jail time, and a permanent criminal record, among other dire repercussions. Anyone at risk of being charged with such offenses must be aware of their legal defenses against these charges.

Understanding Assault and Battery

Definition of Assault

Generally speaking, assault is defined as the deliberate act of putting another person in fear of immediate bodily danger. Assault does not always require physical contact; it can occur through simple threats or attempts to harm. The ability to carry out the threat and the desire to instill dread of harm are the essential components.

Definition of Battery

Battery, on the other hand, involves engaging in actual physical contact with another person without their consent. This contact must be intentional and harmful or offensive. Unlike assault, battery requires physical interaction, whether it results in injury or not. The primary components are the intent to make contact and the lack of consent from the victim.

Common Legal Defenses

Self-Defense

One of the most frequently invoked defenses in assault and battery cases is self-defense. This defense is applicable when the accused can demonstrate that they were protecting themselves from imminent harm. To successfully use this defense, the defendant must prove that they had a reasonable belief that they were in danger, the force used was proportional to the threat, and the response was necessary to prevent harm.

Defense of Others

Similar to self-defense, the defense of others is applicable when the accused acts to protect another person from imminent harm. The requirements for this defense are parallel to those of self-defense: the defendant must show a reasonable belief that the third party was in danger, the force used was appropriate to the threat, and the action was necessary to avert harm to the third party.

Defense of Property

Individuals may use reasonable force to prevent theft or damage to their property in certain jurisdictions. This defense permits taking measures to stop unauthorized access or damage to one’s property. However, the amount of force employed needs to be appropriate and in line with the threat. It might not be appropriate to use more force than is required to safeguard the property.

Consent

Consent is a viable defense in assault and battery cases when the alleged victim willingly participated in the activity that resulted in harm. This defense is often used in cases involving sports or other willing activities where physical contact is expected and accepted. For consent to be valid, it must be given voluntarily, and the individual must have the capacity to consent. Additionally, the scope of consent is crucial; the harm caused must fall within the range of what was agreed upon.

Lack of Intent

A fundamental aspect of both assault and battery charges is the intention to cause harm or fear of harm. If the defendant can demonstrate that there was no intent to harm the victim, this can serve as a robust defense. Accidental actions or misunderstandings that lead to unintended harm may fall under this category. For example, if the physical contact was accidental and not meant to cause injury, the lack of intent can be a key element in the defense strategy.

Mistake of Fact

A mistake of fact can be a powerful defense if the defendant acted under a false belief that negates the intent to commit assault or battery. For instance, if the accused believed that they were acting in self-defense based on incorrect information, this could potentially pardon them. The mistake must be reasonable and based on factual circumstances rather than a misunderstanding of the law.

Insanity or Mental Incapacity

In some cases, the defendant may lack the mental capacity to form the intent required for assault and battery charges. If the accused can prove that they had a mental disorder that impaired their ability to understand the nature of their actions or distinguish right from wrong, they may be found not guilty by reason of insanity. This defense requires thorough medical evaluation and expert testimony to substantiate the claims of mental incapacity.

Duress

Duress is a defense used when the defendant was forced to commit assault or battery under the threat of immediate harm to themselves or others. The key elements of this defense include the presence of an imminent threat, a reasonable belief that the threat would be carried out, and no reasonable opportunity to escape or avoid harm. Duress does not excuse the behavior but can mitigate the culpability of the accused.

Immunity

Certain people may be shielded from accusations of assault and battery by law because of their positions or roles. For instance, accusations of this nature are typically not brought against law enforcement officials who carry out their responsibilities within legal boundaries. This exemption, nonetheless, is not unqualified and does not extend to acts that go beyond their legitimate authority or entail the use of disproportionate force.

Alibi

Establishing the defendant’s absence from the scene of the alleged offense and their inability to have perpetrated the assault or battery is the alibi defense. This defense relies on evidence such as witness testimony, video footage, or other documentation that places the accused elsewhere at the relevant time, potentially leading to dismissed charges.

Plan Your Defense with George Reres Law, PA

If you’re facing assault and battery charges, it’s essential to understand how the factors of your case will be seen in the eyes of the court. Legal counsel can help you navigate the complexities of the legal system and present a strong defense.

Call George Reres Law, PA at 954-543-1186 to schedule a consultation with our team. We’ll help make a plan to fight your charges and ensure your rights are protected.