Immediately prepare a summary of the arrest

After your arrest, the arresting police officer will prepare an incident report called a probable cause affidavit (PC affidavit).  The PC affidavit is a summary of the crime and lays out why the police officer believes he/her has “probable cause” for your arrest.  In an uncomfortably large majority of criminal cases, the PC affidavit will “shade” the facts concerning the circumstances of arrest in an attempt to strengthen law enforcement’s case.

Your memory is most acute within days, or better yet, hours, after your arrest.   It is very important for you to write down everything about the arrest, especially: (1) The reason why the law enforcement officer initiated contact (i.e. “I stopped you for not wearing a seatbelt”), Any directives by law enforcement (i.e. “stop the car”), and (3) Any searches performed by law enforcement (i.e. search your vehicle for drugs / pat you down for weapons).

Defense attorneys rely on their clients to “fill-in the blanks” as to what occurred as compared to what the officer writes in his/her PC affidavit.   Typically, the client’s version of the events is equally “shaded” in contradiction to the police officer’s version of the events.

For example, I have read dozens of incident reports authored by law enforcement officers that read, “Officer Dumbo initiated a traffic stop as the driver, a black male, was not wearing a seat belt.  Upon making contact with the driver, the driver spontaneously uttered, “I’m sorry officer – I have a marijuana cigarette in the vehicle”.  Officer Dumbo detained the driver and searched the vehicle.  Within the vehicle, Officer Dumbo located (1) xanax pill in “plain view”.

Contrary to the report, my client will advise me that: (1) The vehicle will not start without the driver’s seat belt locked; (2) They never made a statement concerning a “marijuana cigarette”; (3) The police officer immediately detained them and their passenger; (4) Officer Dumbo’s backup officer (Officer Mickey) found (1) xanax pill underneath the passenger seat – not in “plain view”.

Without immediately providing your defense attorney with a summary of the arrest, you may later forget to mention some pertinent details.  In the previous example, the fact that Officer Mickey (and not Officer Dumbo) located the xanax pill underneath the passenger seat and not in “plain view”, especially considering that a passenger was in the vehicle at the time of your arrest, could form the basis for a Motion to Suppress.

Take Pictures

In many cases, pictures of the arrest scene and/or the defendant can be the most important piece of evidence at trial.   PC affidavits will oftentimes grossly exaggerate or minimize the facts of an arrest.  This is especially true in crimes concerning violence or DUI.  Pictures taken by a defendant soon after the arrest can rebut the victim’s and/or police officer’s testimony and give credibility to the defendant’s defense.

In cases involving violence (i.e. domestic violence), the police officer’s PC affidavit will oftentimes read, “Officer Dumbo arrived on scene.  Mrs. Jones had visible bruises on the inside of her arms and hands.   Mr. Jones had no visible bruises.   Officer Dumbo believed Mr. Jones was the aggressor.”

In these cases, pictures taken by Mr. Jones of the arrest scene (picture frames knocked to the ground, mirrors broken, etc.) and Mr. Jones (bruising on face and neck, scratches on back) can completely undermine Mrs. Jones’ and/or the police officer’s credibility at trial.  Without such pictures of Mr. Jones, the jury would be left to believe Mrs. Jones’ recollection of the incident, especially considering Officer Dumbo only took pictures of Mrs. Jones injuries.

In cases involving DUIs, a police officer’s PC affidavit will routinely read, “Officer Dumbo initiated the Field Sobriety Exercises of the defendant on a “flat, well-lit” surface.   In reality, the defendant was asked to submit to field sobriety exercises on “broken gravel with cracks in (almost) complete darkness”.  Once again, pictures of the arrest scene can rebut the police officer’s testimony and undermine his/her credibility.

Secure Documentation

In some cases, especially cases involving theft or violence, securing documentation (and video) is necessary to corroborate your defense.   In this day and age, video surveillance is ubiquitous.   Surprisingly, police officers rarely request business owners and/or property managers for their video surveillance of the incident.   To make matters worse, video surveillance is oftentimes discarded within 30 days of the date of the incident.   Clearly, losing this piece of evidence could severely undermine your defense.

It is important to immediately advise your criminal defense attorney of the possibility of video surveillance so they can retain an investigator and/or file leave of court to issue a subpoena duces tecum.     Video surveillance can completely rebut a business owner’s accusations of theft or a victim’s recollection as to who initiated an altercation.

Speak with an experienced criminal defense attorney

Finally, and above all else, immediately make an appointment with at least one experienced criminal defense attorney to review your case.   A large majority of criminal defense attorneys offer a free initial consultation.  Take advantage of this offer.   The criminal defense attorney can quickly clear up some misconceptions about your charge (i.e. potential sentence) and formulate a game plan.   During the initial consultation ask questions about the case and the criminal defense attorneys qualifications (i.e. Martindale-Hubble rating, Board Certification, trial experience, Super Lawyer or Florida Legal Elite designation, etc.).  Hiring the right criminal defense lawyer is one of the most important decisions you will make.   Preparing a summary of the events, taking pictures, and obtaining video surveillance, in conjunction with speaking with an experienced criminal defense lawyer, will give you the best chance for a successful resolution.

Independent, not so fast!     

Insurance companies often employ “professional expert witnesses”, that is, doctors who earn a large portion of their living, most often hundreds of thousands of dollars each year, on the witness stand or performing IME’s. These doctors are particularly motivated to make findings that align with the expectations and needs of the insurance companies that pay their salaries. The motivation of these doctors, or should I say professional witness, is clear, minimize your injury! The most common opinion(s) by these doctors is that your injury was preexisting or that “your subjective complaints of pain” are not objectively substantiated by their physical exam – more plainly, you are a liar.

The Fort Lauderdale accident and injury attorneys at Lyons, Snyder & Collin are skilled in exposing the inherent bias and motivation of these doctors. For example, the most obvious way to discredit the truth and veracity of these doctors is to follow the money! Our accident and injury attorneys often expose these doctors by uncovering their IRS form 1099’s, a federal tax filing that specifically details the annual amount each insurance company has paid the doctor for their professional services. It is certainly nice at trial to tell the jury that this doctor, whom the insurance company would have you believe, has been paid in excess of two hundred thousand dollars the previous year from performing IME’s and testifying against the injured. Another tool often used by our personal injury attorneys is to have the IME videotaped.  IME’s are usually twenty minutes long – playing the complete exam for the jury is a powerful tool, as twenty minutes is an inadequate time to perform a legitimate examination.

Proper Preparation is Key

There is only one way to go into an Independent Medical Examination, no matter who is performing it. Thorough preparation and education of the process is required. The Fort Lauderdale accident and injury lawyers at Lyons, Snyder & Collin always meet with every client, if possible, well in advance of the IME and go over all prior relevant medical records. No previous medical treatment or the circumstances of how the accident occurred should be overlooked as the IME doctor will certainly ask the client about it during the independent medical examination. An innocent lapse of memory by the client when questioned by the doctor about the “how accident occurred”, “symptoms the injury produced”, or “former and current treatment modalities” can be all the doctor needs to conclude that the client is trying to hide something and that the claim is illegitimate. The Fort Lauderdale accident and injury attorneys at Lyons, Snyder & Collin will make sure that you are as prepared as possible to ensure that your claim is not jeopardized.

The Florida Bar strictly regulates how personal injury and accident attorneys advertise to clients.  The Florida Bar does not regulate lawyer referral services, however.  As a result, lawyer referral services use misleading advertisements (such as billboards and catchy jingles) to deceive  uninformed accident victims into believing that the chiropractor can “obtain settlements and judgments” on their behalf

How do legal referral services make money?     

Chiropractic offices operating as lawyer referral services make their money primarily from exhausting an accident victim’s personal injury protection (PIP) benefits.   In Florida, PIP coverage pays up to $10,000.00 in benefits, regardless of fault, for bodily injuries.   An aggressive chiropractor can rack through $10,000.00 in bills in just a matter of weeks.   This is why lawyer referral services flood the airwaves with advertisements – they are making a fortune on accident victim’s PIP benefits.

In their advertisements, referral services suggest that individuals involved in accidents are entitled to an “immediate $10,000 in cash (PIP),” when in fact, that is not the case, as this money is for medical care and lost wages, not compensation for your injuries

Once the chiropractor exhausts the PIP benefits they typically pass the client along to an outside lawyer in their network.  In our experience, if the client does not have medical insurance, the chiropractor will usually end their treatment claiming “maximum medical improvement” or “MMI”.   Oftentimes these personal injury lawyers have loose financial relationships with the chiropractor’s office.  The personal injury attorney will send all their accident cases to one chiropractic group in exchange for the chiropractic group (legal referral service) recommending their patients to the personal injury attorney.   The Florida Attorney General’s Office is currently pursuing lawsuits against a number of legal referral services for alleged kickbacks to/from personal injury attorneys.

Why contact a personal injury attorney directly over a legal referral service?

If you or a loved one is involved in an automobile accident in Fort Lauderdale, it is important to first speak with an experienced personal injury attorney, not a referral service run by chiropractors.   An experienced personal injury lawyer can evaluate your case, recommend the appropriate medical providers, if requested, (orthopedic surgeon, neurologist, etc.), and begin to prepare the presentation of your case to the insurance company by speaking with witnesses, retaining an investigator / expert(s), taking pictures, preserving evidence, obtaining the insurance limits / DEC page, checking for Med Pay provisions, and negotiating with the insurance adjuster.  Additionally, an experienced personal injury attorney will explore all possible “pockets” to compensate the accident victim for their injuries.

Don’t be fooled by flashy billboards – choose your personal injury attorneys by reviewing credentials such as whether the personal injury attorney is “AV” rated by Martindale, Board Certified, Legal Elite, or a SuperLawyer and questioning the attorney’s trial experience.   No matter how they spin it, a chiropractor or any other medical provider can’t get you compensation for your injuries.   Only a seasoned, trial-tested accident and injury attorney can obtain maximum settlements for their clients.

Martindale “AV” rated personal injury lawyer Marc P. Lyons is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Fort Lauderdale personal injury attorney Marc P. Lyons is a former Broward County Economic Crime Prosecutor and handles all accident and injury matters including, automobile accidents, slip and falls, wrongful death, and dog bites.   The Fort Lauderdale personal injury law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/

As a condition of employment, employees may be required to answer their employer’s narrowly tailored questions regarding conduct on the job. If an employee invokes the Garrity Rule (sometimes referred to as the Garrity Warning or Garrity Rights) before answering their employer’s questions, then those answers cannot be used against them in a criminal prosecution. This principle was developed in Garrity v. New Jersey, 385 U.S. 493 (1967).

The basic rule prescribed in Garrity is: (1) if a [teacher] is compelled to answer questions as a condition of employment or face discipline (i.e. termination), the [teacher’s] answers and the fruits of those answers may be not used against the [teacher] in a subsequent criminal proceeding; (2) the [School Board] is limited as to the questions that may ask – such questions must be narrowly tailored.

Regarding public employees, “The government is not allowed to force a [teacher] to make a statement (even out of court) that might be used as evidence that he/she had committed a crime.   It is not even allowed to pressure him/her into cooperating by threatening to fire him/her for refusing to provide such evidence … The employer has every right to investigate allegations of misconduct, including criminal misconduct by its employees, and even to force them to answer questions pertinent to the investigation, but if it does that it must give them immunity from criminal prosecution on the basis of their answers.”

It should be mentioned, however, that if a [teacher] refuses to answer questions after he/she has been assured that their statements cannot be used against them in a subsequent criminal proceeding, the refusal to answer questions thereafter may lead to termination for insubordination.   Additionally, while the statements a [teacher] makes cannot be used against them in a subsequent criminal proceeding, they can still form the basis for discipline on the underlying charge.

In the event a public employee (teacher, police officer, firefighter) is summoned or compelled by their employer to provide a statement, the [public employee] should read into the record the following statement (if recorded) or insist that the following statement be included in the record (if handwritten or typed) to ensure their Garrity Rights are protected.

“On (date & time) at (place), I was ordered by [Broward County School Board] to submit this statement.  I give this statement as a condition of employment. I have no alternative but to abide by this order or face termination.

It is my belief and understanding that the [Broward County School Board] requires this statement solely and exclusively for internal and administrative purposes and will not release it to any other agency or be used for criminal prosecution.

As such, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity v New Jersey (also called the Garrity Rule).

For any and all other purposes, I hereby reserve my Constitutional right to remain silent under the Fifth and Fourteenth Amendment of the United States Constitution.

If you or a loved one is a public employee (i.e. police officer, firefighter, or teacher) who is summonsed or compelled to answer their employer’s questions regarding alleged/charged criminal behavior it is imperative to consult with a Union Representative and an experienced criminal defense attorney familiar with the Garrity Rule.

Martindale “AV” criminal defense lawyer Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Fort Lauderdale criminal defense attorney Philip M. Snyder handles all criminal defense matters including, DUI, possession of cocaine, possession of marijuana, possession of oxycodone, battery, grand theft, petit theft, and fraud.   The Fort Lauderdale criminal defense law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/

Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you regardless of fault up to the limits of your policy. Although you can purchase additional PIP coverage, most people only have the minimum. You might be surprised, but your automobile insurance policy will be the first to pay for your medical bills and lost wages.

The Fort Lauderdale accident attorneys at Lyons, Snyder & Collin, P.A., will help you navigate through your auto insurance policy, to ensure that your available benefits are clearly explained to you. Your insurance will be responsible for 80% of your reasonable medical expenses related to the accident and 60% of your lost earnings subject to the limits of the coverage and any applicable deductible (or up to the specified policy limit).

Our accident and injury attorneys frequently receive phone calls from potential clients who don’t have auto insurance, but have been injured in an auto accident. The first question is always, “I don’t have insurance, who is going to pay for my medical bills”? What most people do not know is that PIP insurance can come from several sources, often times from resident family members. Most often this is the case in situations involving a minor who is injured in an auto accident, or any other resident relative that does not own a vehicle.   In every accident and injury case, our attorneys explore every possible way to obtain coverage for you or a loved one. It is important to retain experienced legal counsel immediately after an accident to ensure that all available insurance benefits are explored and comprehensively explained to you.

It is important to note that only the first $10,000 of medical bills and/or lost wages will be paid from your insurance company. Any amount after the first $10,000.00 will have to obtained from the at fault driver or your uninsured/underinsured carrier, if applicable.

If you are injured in an accident, the personal injury attorney attorneys at Lyons, Snyder & Collin, P.A. will be more than happy to answer any/all questions related to PIP and/or review your auto policy and discuss all available benefits.

Personal injury attorney Marc P. Lyons is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Fort Lauderdale accident attorney Marc P. Lyons handles all accident and injury matters including auto accidents, slip and falls, and wrongful death.   In addition to persona injury, the Fort Lauderdale law firm of Lyons, Snyder & Collin, P.A. also handles family law, divorce, and criminal defense matters.  Lyons, Snyder & Collin is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/

Typically, a criminal defense attorney would file a Motion to Suppress in cases where law enforcement obtains evidence against a defendant in violation of either a State and/or Federal Constitutional safeguard (i.e. Fourth Amendment Right to be free from unreasonable search or seizures or Fifth Amendment Right to be free from self-incrimination).  In Fort Lauderdale and Miami, criminal defense attorneys routinely file Motions to Suppress on DUIs (no probable cause to effectuate stop), possession of marijuana, oxycodone, or cocaine (improper pat-down – no safety concern), and sexual battery (no or improper Miranda warnings).

In the event the Court grants a Motion to Suppress, the Court will preclude the State from introducing evidence directly obtained as a result of a violation of a defendant’s Constitutional safeguard or any additional evidence obtained as a result of such violation, commonly mentioned as “fruit of the poisonous tree”.  For example, if the Court finds that law enforcement did not have probable cause to effectuate a traffic stop of a defendant for speeding, the State will be precluded from introducing evidence of the defendant’s roadside exercises or statement, “I had 7 beers at a party”, at a trial for DUI.

Recently, the criminal defense attorneys at Lyons, Snyder & Collin have successfully suppressed evidence in Broward, Palm Beach, and Miami-Dade counties by filing Motions to Suppress in various felony and misdemeanor cases.

State v. W.C.

The criminal defense lawyers at Lyons, Snyder & Collin filed a Motion to Suppress the illegal stop and detention of W.C. during a DUI investigation.   Broward Sheriff’s Office did not have probable cause to effectuate a traffic stop of W.C.’s vehicle for “Failure to Maintain a Single Lane” as W.C.’s conduct did not create a reasonable safety concern.  The Court precluded the State from introducing the DUI video memorializing W.C.’s roadside exercises at trial.

State v. R.F.

Criminal defense attorney Philip M. Snyder of Lyons, Snyder & Collin filed a Motion to Suppress the illegal detention of R.F. during a purported drug transaction.  Based on the totality of the circumstances, Palm Beach Sheriff’s Office’s observation of an alleged “hand-to-hand transaction” of an unknown nature in a gas station parking lot did not provide Palm Beach Sheriff’s Office with a well-founded an articulable suspicion that R.F. was involved in criminal activity.  The Court precluded the State from introducing illegal prescription pills found on-scene at R.F.’s trial for sale/delivery of oxycodone.

State v. C.S.

The Fort Lauderdale law firm of Lyons, Snyder & Collin filed a Motion to Suppress an illegal search of C.S’s residence in reference to the sale and delivery of cocaine.  The Affidavit used by Coral Springs Police Department to procure the Search Warrant was fatally defective in that the Affidavit contained false statements knowingly and intentionally made, or made with reckless disregard for the truth.  The Court precluded the State from introducing a trafficking amount of cocaine found in C.S.’s residence at trial.

State v. J.B.

Criminal attorney Philip M. Snyder of Lyons, Snyder & Collin filed a Motion to Suppress any evidence seized from J.B.’s vehicle as Fort Lauderdale Police Department did not have the authority to perform a warrantless search of J.B.’s vehicle for a non-criminal moving traffic violation.  The Court precluded the State from introducing marijuana found in J.B.’s vehicle at trial.

State v. C.B.

The criminal defense lawyers at Lyons, Snyder & Collin filed a Motion to Suppress a trafficking amount of oxycodone seized from C.B.’s purse as Broward Sheriff’s Office did not read C.B. her Miranda warnings pursuant to the 5^th Amendment prior to asking C.B. questions designed to elicit an incriminating response. The Court precluded the State from introducing 128 oxycodone pills found in C.B.’s purse at trial.

If you or a loved one is arrested for a felony or misdemeanor offense where law enforcement seized or obtained physical evidence (i.e. drugs, tax records) or testimonial evidence (i.e. confession) as a result of an illegal search or seizure, it is imperative to retain an experienced criminal defense attorney who can file a Motion to Suppress the incriminating evidence.

Martindale “AV” rated criminal defense lawyer Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Fort Lauderdale criminal defense attorney Philip M. Snyder handles all criminal defense matters including, DUI, possession of cocaine, possession of marijuana, possession of oxycodone, battery, grand theft, petit theft, and fraud.   The Fort Lauderdale criminal defense law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/

Pursuant to Florida Statute 812.014, “A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (1) deprive the other person of a right to the property or a benefit from the property; or (2) appropriate the property to his or her use or to the use of any person not entitled to the use of the
property.”

Pursuant to Florida Statute 812.012, in part, “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.    When direct testimony of fair market value of the stolen item is not available, the Supreme Court has set forth “four factors” which the trier of fact can consider in ascertaining market value … (1) the original market cost; (2) the manner in which the item was used; (3) the general condition and quality of the item; and (4) the percentage of depreciation.

To the surprise of many (including Assistant State Attorneys), at trial, if the State only offers evidence of the purchase price of a stolen item without any testimony establishing the value at the stolen item at time of the theft, the Courts have found this evidence insufficient to sustain a conviction for grand theft.   This maxim is true even if the stolen item is “presumably” above the minimum $300.00 threshold for grand theft (i.e. two laptop computers).

Notwithstanding the law, I have witnessed more than one instance of a defense attorney not arguing that the State did not sufficiently prove “value” during the judgment of acquittal phase at trial for grand theft.  In each instance, the defense attorney incorrectly presumed that the State Attorney’s Office presented ample evidence of the stolen property’s value by relying on the victim’s testimony at trial and their (over-estimated) purchase price of the stolen property.

As such, if you or a loved one is arrested for grand theft, petit theft, dealing in stolen property, or scheme to defraud, it is imperative to retain an experienced criminal defense attorney familiar with theft-related crimes pursuant to Florida Statute 812.014 and 812.012.

Martindale “AV” rated criminal defense lawyer Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Fort Lauderdale criminal defense attorney Philip M. Snyder is a former Broward County Economic Crime Prosecutor and handles all criminal defense matters including, grand theft, petit theft and fraud.   The Fort Lauderdale criminal defense law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/

IN THE CIRCUIT COURT OF
THE 17th JUDICIAL CIRCUIT

IN AND FOR BROWARD
COUNTY, FLORIDA

STATE OF FLORIDA,

Plaintiff,

vs.

xxxx, xxxxxxx,                                                                      

Defendant.

_____________________________/

MOTION TO DISMISS – EXPIRATION OF STATUTE OF LIMITATIONS

COMES NOW, the defendant, xxxx, xxxxxxx, pursuant to Rule 3.190, Fla. R. Crim. P. and Fla. Stat. 775.15 moves this Court for an order granting the defendant’s Motion to Dismiss one count of Burglary (Conveyance), Fla. Stat. §810.02(1), and as grounds therefore states:

GENERAL
FACTUAL ALLEGATIONS IN SUPPORT OF DEFENDANT’S MOTION

1. On or about March 3, 1997, the State filed one count of Burglary (Conveyance), Fla. Stat. §810.02(1) against the defendant, xxxx xxxxxxx (hereinafter “XXXXXX”).  A true and correct copy of the Information is attached hereto and incorporated by reference as Exhibit “A”.
2. XXXXXX allegedly burglarized an automobile on or about September 5, 1995.   A true and correct copy of the Probable Cause Affidavit attached hereto and incorporated by reference as Exhibit “B”.
3. Such Probable Cause Affidavit specifically mentioned that XXXXX was detained in
   Florida State Prison.   XXXXXX address is listed as “Martin Unit Treatment Facility, 1175 SW Allapattah St., Indian Town, FL.”  [1]
4. Although the State was clearly privy to XXXXXX’X location, the State failed to serve XXXXXX with the capias from this charge.
5. Instead, XXXXX was first apprised of this charge upon being stopped for a routine traffic violation in Largo, FL in 2011.
6. The State’s failure to serve XXXXXX with a capias in excess of fourteen years after the filing of an information constituted an unreasonable delay and thus prosecution is barred by the statute of limitations.

DISCUSSION

XXXXXX challenges his prosecution as untimely under the statute of limitations.   The State has the burden to prove that the prosecution is not barred by the statute.  Soto v. State, 982 So.2d 1290 (Fla. 4^th DCA, 2008).

A prosecution is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment is executed without unreasonable delay.   Soto at 1290.  The prosecution of a third degree felony must be commenced “within 3 years after is is committed.” Ehrlick v. State 898 So.2d 237 (Fla. 4^th DCA, 2005) citing §775.15(2)(B), Fla. Stat. (1998).    In determining what is reasonable, the inability to locate the defendant after diligent search or the defendant’s absence from the State shall be considered.  Id.

Relying on Fla. Stat. 775.15, XXXXXX’X prosecution for this charge had not commenced until the
State executed the capias in 2011 – fourteen years after the State filed one count of Burglary (Conveyance), Fla. Stat. §810.02(1) – even though the State was aware of the defendant’s location in Florida State Prison.   Clearly, the State’s failure to serve XXXXXX with the capias in excess of fourteen years after filing an information constituted unreasonable delay.    See Ehrlick v. State 898 So.2d 237 (Fla. 4^th DCA, 2005); Mack v. State, 637 So.2d 18 (Fla. 4^th DCA, 1994).

WHEREFORE, the defendant respectfully prays this Honorable Court to dismiss the count of Burglary (Conveyance), Fla. Stat. §810.02(1), in the above styled cause.

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by HAND DELIVERY to: State Attorney’s Office of the Seventieth Judicial Circuit, c/o Judge XXXXX division on this 28 day of December 2011.

Respectfully submitted,

Philip Snyder, Esq.

Lyons,Snyder & Collin, P.A.

312 S.E. 17^th Street, 3^rd Floor

Fort Lauderdale, Fl 33316

Tel: 954.462.8035

Fax: 954.462.8036

philip@lyonssnyder.com

FBN: 815101

With every potential client involved in an automobile accident the attorneys at Lyons, Snyder & Collin ask, “What type of automobile insurance policy they carry and the associated “limits” of coverage?”   Oftentimes we receive an answer of “250/500”, “100/300” or “10/20”.    A “250/500” insurance policy means that for bodily injury insurance (“BI”) a driver is financially covered up to [the first amount] (i.e. “250,000.00”) per person and up to [the second amount] (i.e. “$500,000.00”) per occurrence (accident). “BI” insurance pays for injuries you may cause to another driver or pedestrian.  To our potential client’s surprise, “BI” coverage does not cover any injuries that they may sustain, however.   At least half of our potential clients are unaware if they purchase uninsured motorist coverage.  Florida does not require drivers to purchase uninsured motorist coverage.

Uninsured (including underinsured) motorist coverage is designed to compensate you for a loss which you sustain at the hands of a driver who is uninsured, or inadequately insured (“underinsured”).    Significantly in South Florida, uninsured motorist coverage will protect you from accidents caused by illegal drivers (without insurance), hit and run accidents, or from drivers with inadequate coverage.Plainly speaking, if you are injured by the negligence of a driver with little to no insurance, your insurance company will not compensate you if you did not purchase uninsured motorist coverage, no matter how large of a “BI” policy you have.

Unlike liability coverage, which pays for accidental bodily injury and property damage to others, uninsured motorist coverage is intended to compensate you for your financial and non-financial loses when the at fault driver does not have proper insurance.  Financial loses include any medical expenses (such as surgery or physical therapy), loss of income or earnings, loss of the ability to earn future income or earnings, or any out-of-pockets expenses (i.e. live-in nurse or wheelchair).  Non-Financial loses include the lack of ability to participate or engage in activities (such as sports, childcare, or sex) as result of injuries or pain and suffering.

Uninsured motorist coverage (UM coverage) is often written just like “BI” coverage.   In Florida, a driver can purchase UM coverage for an amount equal to their BI coverage.   For most policies, it is very inexpensive to add UM coverage to a policy, especially considering the protection it offers.  Additionally, you do not have to be an automobile driver or passenger in order to be eligible for UM benefits – a UM policy applies if you were a pedestrian, bicyclist, or bystander, as long as the “at fault” driver was uninsured or underinsured.    For these reasons, our accident and injury attorney are amazed that any driver would neglect to purchase UM coverage (equal to the amount of “BI” coverage), especially when they are spending such a high monthly premium for “BI” coverage.

Additionally, many drivers who fail to purchase uninsured motorist coverage have extremely high collision and comprehensive limits.   Collision insurance pays for damages to your vehicle caused by a collision with another vehicle or object.   Comprehensive insurance covers loss or damage to your vehicle caused by fire, wind, hail, flood, vandalism, or theft.   One potential client recently advised that he purchased a $100,000.00 comprehensive insurance policy for his $20,000.00 Honda Accord.   This potential client was involved in an accident with a driver who did not have insurance.   As a result, because his insurance agent advised him not to purchase UM coverage, this potential client’s automobile insurance would not pay his $80,000.00 in medical bills.   In the event this potential client had UM coverage, his insurance would have been responsible for his financial and non-financial loses.

Please immediately check your automobile insurance policies to ensure you have adequate uninsured motorist coverage.  Please contact the Fort Lauderdale personal injury and accident lawyers at Lyons, Snyder & Collin if you require additional explanation.

The author Marc P. Lyons, a recent “Florida Legal Elite” recipient, is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Personal injury lawyer Marc P. Lyons handles all accident and injury matters including auto accidents, slip and falls, wrongful death, and dog bites in Broward, Miami-Dade, and Palm Beach counties.   In addition to personal injury, the Fort Lauderdale law firm of Lyons, Snyder & Collin, P.A. also handles family law, divorce, and criminal defense matters.  Lyons, Snyder & Collin is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/

What is a defendant charged with his/her third DWLS in five years to do?  Either proceed to trial (with no defense to the crime) with the possibility of going to jail for up to a year (1^st degree misdemeanor) or accept a plea to a charge that would declare them as a “habitual traffic offender.”

In Mid-2011, the State of Florida (finally) came to their senses and added a subsection (subsection 11) to Florida Statute 322.34 to allow the Court to use some discretion before “forcing” an individual to plea to his/her third DWLS in five years declaring them as a “habitual traffic offender”.    Subsection (11)(a) — “Judge’s withhold” — reads  as follows:

(a)   A person who does not hold a commercial driver’s license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.

The “Judge’s Withhold” is almost identical to the old-standing (but frequently used) “Clerk’s Withhold” under Florida Statute 318.14(10)(a)(b) which reads as follows:  Distinction “crossed out” for the reader’s convenience.

(a)   A person who does not hold a commercial driver’s license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.

(b)  Any person cited for an offense listed in this subsection shall present proof of compliance prior to the scheduled court appearance date (i.e. arraignment).  Proof of compliance shall consist of a valid, renewed, or reinstated driver’s license.

Receiving a “Judge’s Withhold” or “Clerk’s Withhold” will NOT count as a third DWLS conviction within five years!  Accepting a plea to a Withhold of Adjudication on a third DWLS will trigger the suspension, however.  As such, it is crucial you and your defense attorney are familiar with the distinction.

As almost nothing is more important in South Florida than the ability to drive, it is important to speak with an experienced criminal defense attorney familiar with “Judge’s Withholds”, Fla. Stat. 322.34 (11) and “Clerk’s Withholds, Fla. Stat. 318.14(10) immediately after receiving a citation or being arrested for driving while license suspended (DWLS).

The author Philip M. Snyder, an “AV” rated criminal defense attorney, is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida.    Fort Lauderdale criminal defense lawyer Philip M. Snyder handles all criminal defense matters including driving while license suspended, DUI, drug crimes, and domestic violence.   In addition to criminal defense, the Fort Lauderdale law firm of Lyons, Snyder & Collin, P.A. also handles family law, divorce, and personal injury matters.  Lyons, Snyder & Collin is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316.  Telephone: 954.462.8035.  http://www.lyonssnyder.com/