Entertaining and informative presentation on why innocent people shouldn’t talk to the police…
http://video.google.com/videoplay?docid=-4097602514885833865#
Dont Talk to the Police
October 7th, 2009Broward Sheriff’s Deputy Arrested on Extortion Charge
October 6th, 2009
BSO Deputy Manuel Silva
http://www.sun-sentinel.com/news/broward/sfl-deputy-arrest-bso-bn100309,0,2521607.story
A Broward County Sheriff’s Deputy was arrested on charges of extortion, armed burglary and possession of drugs charges….Check out the link to read more about this case, and about how he might not have been working alone.
Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. named a TOP FIRM by the South Florida Legal Guide
September 9th, 2009
The criminal defense law firm of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. has been recognized by the legal community and highlighted in the South Florida Legal Guide 2009 as one of South Florida’s Top Law Firms. In order to select South Florida’s top law firms, the publication asked hundreds of lawyers to send in their nominations, which were then reviewed by other experienced attorneys in the field, finally resulting in a list of 150 firms, covering all practice areas.
We are excited and honored to have been recognized by the South Florida legal community. We invite you to contact our firm to obtain written information about our qualifications and experience, and remind you that the hiring of a Miami criminal defense attorney is an important decision that should not be based solely on advertising.
Update on Miami gay adoption case by Benji Waxman
September 9th, 2009If you missed it and are interested, I just returned from the appellate oral argument in the Miami-Dade gay adoption case. In November, 2008, Miami-Dade Circuit Judge Cindy Lederman entered a landmark decision striking down Florida’s statutory ban of gay adoptions finding, among other things, that there was no rational, non-discriminatory basis to support it. Judge Lederman further allowed long-time, successful gay foster parent Martin Gil to adopt the two young siblings for whom he had long served as a foster dad. The state appealed this ruling.
The above-average-for-affirmance panel of the Florida Third District Court of Appeal consisted of Judges Cope, Salter, and Sheppard. The Assistant Solicitor General was quiet (the acoustics at the FIU courtroom are horrible; there is no amplification) and had to be told by presiding Judge Cope to keep his voice up. I think he was whispering because he was embarrassed by his position. In my view he was not particularly effective. As veteran appellate specialist Paul Morris suggested, the state representative failed to take the bull by the horns. Other than his mantra “any rationale basis sustains the statute,” I could not discern even the thread of a cohesive argument.
Veteran Greenberg Traurig appellate attorney Elliot Scherker gave the primary argument for the adoptive children. He focused primarily on the procedural aspects of the case emphasizing the numerous stipulations (concessions) made by the Department of Children and Families at the trial, the strong findings made by Judge Lederman, and the favorable standard of review for the factual findings she made which were ample and strong. He was, as usual, poised and strong. The Nat’l ACLU attorney focused on the bad evidence that was introduced at the trial. Other than her initial refusal to directly answer Sheppard’s question whether the statute could be sustained on some “theoretical” argument for rationality conceived on appeal or some new study not submitted at the trial (”NO!), I thought she was effective.
No one blasted the state for it’s seeming position that children who can be foster cared by gays, and can have gays serve as Guardians Ad Litem, can not have gays as adoptive parents. Its unspoken cornerstone seemed to be “immorality.” Although Sheppard’s probing for some rationale, “ascertainable” (he kept saying) basis to sustain could have been sincere, it may have been simply to highlight the fact that there simply is none, and certainly none supported by the record, for any judge that had any doubt.
I can’t conceive how Judge Lederman’s order could be reversed both because of the issue and the strength of her opinion. There were certainly no fireworks at the OA (”Can we possibly uphold this ban that is so blatantly discriminatory of gays and lesbians and so detrimental to children in need of loving and caring homes!?!??”) I think the odds on favorite is affirmance.
Special Investiture Ceremony for Sotomayor
September 8th, 2009The first Hispanic, and the third woman to be named to the Supreme Court will be honored with a special ceremony today at 2 p.m. For more information check out http://www.allheadlinenews.com/articles/7016332314?Supreme%20Court%20Holds%20Investiture%20Ceremony%20For%20Sotomayor%20Tuesday
Responsible or Stupid?
September 3rd, 2009An intoxicated 26-year old Delray Beach man was arrested for making false calls to 911. At around 1:17 a.m., he allegedly called 911, and when police arrived, told them he needed a ride and was hungry. He then walked away, and called the police, telling them again that he was hungry and needed a ride.
If we had to choose, this was better than him getting behind the wheel and driving himself. Was this worthy of arrest for wasting the police officer’s time (and tax payer dollars), or a responsible alternative to drinking and driving? You be the judge…
To read more about this check out the Sun Sentinel article at http://www.sun-sentinel.com/news/palm-beach/delray-beach/sfl-false-911-hungry-p090209,0,6502967.story
DNA evidence may exonerate man who spent 25 years in prison
September 3rd, 2009Anthony Caravella, 41,has been in in jail since the age of 15 for the rape and murder of a Miramar woman in 1983. A recent laboratory test conducted by a private facility has concluded that Caravella is not the source of the DNA found on the victim’s body. This evidence would seem to prove what Caravella has claimed all along, that he is innocent. These results contradict the testing done by the Broward Sheriff’s Office crime lab in 2001, which found that there was no evidence to implicate or exonerate Caravella in the murder. The prosecution’s original case centered around Caravella’s confession, which was obtained when he was 15 years old with an IQ of 67 (which is considered mild mental retardation by experts).
To date, 241 people have been exonerated (proven innocent) by DNA evidence. I am sure this is only a scratch on the surface, as the “scientific” evidence used by prosecutors continues to be proven unreliable.
The question is: how do we compensate people like Caravella, who will never get back those tender years between the ages of 15 and 51?
For more info, check out the article on the Sun Sentinel website http://www.sun-sentinel.com/news/broward/miramar/sfl-dna-caravella-b090209,0,378461.story
Criminal Justice System’s Greatest Injustice 2008- The President Spits On Separation Of Powers
January 27th, 2009Criminal Justice System’s Greatest Injustice 2008- The President Spits On Separation Of Powers
Let us recap what is known as the Valerie Plame Affair….Joseph Wilson was a U.S. Foreign Service Diplomat serving in the George H. W. Bush and Clinton Administrations. In 2003 he wrote an op-ed piece for the NY Times entitled “What I Didn’t Find In Africa”. It was 3 months after we invaded Iraq. He detailed in the piece the lack of evidence suggesting that Iraq had obtained a nuclear bomb precursor from Niger. This information had been reported by Wilson to the current Bush administration prior to the Iraq invasion. Subsequently, conservative columnist Robert Novak wrote a column about Wilson and identified his wife, Valerie Plame, as a CIA operative. A Grand Jury investigation ensued to determine the source of this
“leak” , the felonious disclosure of a working CIA operative. Ultimately, Chief of Staff to VP Cheney, “Scooter” Libby was indicted and charged with Perjury and Obstruction of Justice. He was convicted and sentenced to 30 months in Federal prison. BUT, before serving even one day, President Bush commuted his sentence.
While the Presidential pardon has historically been utilized by end of term Presidents to “pardon” the felonius blood relatives of big political contributors, this one is particularly galling because of President Bush’ personal involvement with the players in this drama.
Moral of the story….unless you are Chief of Staff, or related somehow to Chief of Staff, get a good lawyer when the Government comes knockin’!!
What we are Thankful for….
December 5th, 2008What we are Thankful for….
Judges who listen and aren’t afraid to follow to law.
Prosecutors who seek justice.
Cops not afraid to tell the truth.
Clients that entrust us to handle their difficult cases during these difficult times!
We at Robbins, Tunkey, Ross, Amsel, Raben & Waxman are truly blessed.
The Value of Retaining Counsel….A True Story
October 29th, 2008Several weeks ago, a woman called our office and came in for a consultation. She had worked in a Real Estate lawyer’s office several years ago. Apparently, law enforcement suspected there had been ongoing mortgage fraud. She hadn’t worked at the office for two years. Two police detectives knocked on her door unannounced one morning. At 6am. They intimidated her and warned if she didn’t talk she would go to jail. Her husband is disabled and she has two small children. She was terrified. And she insisted she wasn’t involved in criminal activity and had no information to incriminate her former co-workers. The Detectives warned they would return and it would be even more unpleasant. We discussed her predicament at length. She had very limited resources and wasn’t sure she could afford counsel. A week later she called again. The two Detectives returned and threatened her with State prison and suggested her husband and children would would languish while she went to jail.. She was devastated and horrified.
We were retained and contacted the Prosecutor handling the investigation. A meeting was arranged and immunity conferred. The prosecutor interviewed her in the presence of the Detectives, this time with the presence of defense counsel. Same questions, same answers. The difference, law enforcement took a back seat and the Prosecutor conducted the questioning. No arrest, no threats, complete exoneration.
Sadly, it took the presence of defense counsel to reconfigure the investigative process to ensure professionalism. Left to their own devices, and without the watchful eye of counsel, some law enforcement will resort to bullying and intimidation. There can be no level playing field during a criminal investigation without the assistance of counsel.
Our law firm is available for representation during the critical investigative process of criminal matters
