Being Stopped by the Police
In People v. State, 626 So.2d 185, 186 (Fla. 1993), the supreme court explained the three levels of police‑citizen encounters:
a. The first level is considered a consensual encounter and involves only minimal police contact. During a consensual encounter a citizen may either voluntarily comply with a police officer’s requests or choose to ignore them. Because the citizen is free to leave during a consensual encounter, constitutional safeguards are not invoked. United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980).
b. The second level of police‑citizen encounters involves an investigatory stop as enunciated in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. ‘ 901.151 Fla. Stat. (1991). In order not to violate a citizen’s Fourth Amendment rights, an investigatory stop requires a well‑founded, articulable suspicion of criminal activity. Mere suspicion is not enough to support a stop. Carter v. State, 454 So.2d 739 (Fla. 2d DCA 1984).
c. [T]he third level of police‑citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States, 361 U.S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959); ‘ 901.15 Fla. Stat. (1991). Brown v. State, 714 So.2d 1191
If the police are asking you if they can talk to you, kindly ask, “may I say no”. If the police tell you that you must or have to talk with them, then you have been stopped. Why is this important? Because if they don’t have reason to stop you, then anything illegal they find on you can be thrown out in a court of law. If you happen to be arrested in Dade (Miami), arrested in Broward (Fort Lauderdale), or arrested in Palm Beach, then any evidence they find can and will be inadmissible.
Call criminal defense attorney Phillip Menditto immediately.
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: www.phillipmenditto.com
Hallandale Beach Red Light Cam Generates Big Bucks
HALLANDALE BEACH, Fla. (CBS4) ―
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The City of Miami Beach is expected to add 15 new red light cameras after a vote Wednesday night. The city currently has 10, and assistant City Manager Robert Middaugh says the cameras reduce traffic crashes and promote safer driving.
“It really does create a heightened awareness as people go up and down the streets to pay attention to the intersections and pay attention to the traffic laws,” Middaugh said.
While Miami Beach plans to add cameras, Hallandale Beach Commissioner Keith London wants to get rid of the only red light camera in his city. He calls it a hidden tax.
“It’s a speed trap, it’s a red light traffic trap. It’s about the revenue, it’s not about public safety,” London said.
CBS4’s Natalia Zea did some checking and found that Miami Beach issues an average of 1,000 tickets a month, but that is small potatoes compared to Hallandale Beach’s camera at the intersection of US-1 and Hallandale Beach Boulevard.
The one red light camera there is giving out an average of 700 more tickets every month than all 10 of Miami Beach’s cameras combined.
Hallandale is making a killing off those tickets to the tune of $1 million since January. Some drivers were furious to learn that.
But Hallandale Beach police said there are simply more drivers making rolling turns on red lights at their intersection. 93 percent of the tickets they’ve issued were for that violation. CBS4’s cameras caught plenty of people rolling right on the red.
Middaugh believes Hallandale officers reviewing the video footage and issuing the tickets are stricter on the rolling right turns than Miami Beach cops.
“We’re not writing as many tickets as the others and that’s okay. We didn’t do this for revenue, we did this to reduce intersection accidents,” Middaugh said.
Hallandale police deny that. Either way, some drivers we spoke with like Bob Mendola say no matter the speed, the intersection, or the camera the law is the law.
“If it’s the law and you break it, you should be ticketed.”
Talking to your Attorney
Talking to your attorney
This is one of the most important requirements that you should have in picking an attorney. If you have been arrested for a criminal charge in Dade, arrested for a criminal charge in Broward or arrested for a criminal charge in Palm Beach, you must be able to speak to an attorney first.
So many people settle for talking to a secretary, an assistant, or even a paralegal instead of the directly to the attorney. If you have been arrested or even receive traffic citation and you need a Dade criminal lawyer, a Broward criminal lawyer, or a Palm Beach criminal lawyer, you can talk to me directly as we discuss issues involving your freedom, your family, and your job.
DO NO SETTLE. Talk directly to me, Phillip Menditto.
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: http://www.phillipmenditto.com/
Seatbelts
clickit or ticket
The laws of the State of Florida have changed especially for a Dade traffic citation, Broward traffic citation, or Palm Beach traffic citation in that the police can stop you if they simple see you not wearing your seatbelt.
How does this affect you? If the police have a reason to stop you, such as a seat belt violation, then they can use this to piggyback anything else they want. For example, if the police then smell some pot, then he can search your car. If you license is suspended, he can now take you to jail. The law used to be that the police needed something else besides a simple seatbelt violation to pull you over.
The heart of the matter is to wear your seatbelt so they don’t have a reason to pull you over. If you are stopped for this, then call Phillip Menditto if you receive a Dade traffic citation, Broward traffic citation, or Palm Beach traffic citation. DO NOT PAY THE TICKET. This will affect your insurance rates most assuredly.
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: www.phillipmenditto.com
Attorneys
Phillip Menditto
Attorneys are just like everything else in life…you get what you pay for. What I mean by this is if you are quoted a price that is somewhat lower than the industry standard, then you may not be getting the best representation. This can be a two edged sword as well. What I mean by this is if you are paying well over the industry standard, then this doesn’t necessarily mean that you are betting the best representation either.
What I suggest you look for is an attorney that gives you the attention you deserve, has a good reputation, whose prices are around the industry standard. Many attorneys are feeling the economic problems that our country is facing and are lowing their prices. The problem this has created is that these same attorneys may not give the proper representation you deserve.
If you have been arrested in Dade, Broward, or Palm Beach County, call Attorney Phillip Menditto.
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: http://www.phillipmenditto.com/
Always Refuse
Breathalyzer, always Refuse
If you are ever arrested for a DUI, most individuals are told to “refuse” any breathalyzer by attorneys for a couple of reasons:
- If you blow over the legal limit, the State will have key evidence to convict you in your DUI case
- If you blow over the legal limit, the DMV will suspend you license for a period of 6 months.
- Breathalyzers can be wrong and your freedom, family, and job can all hang in the balance during this time.
There are many other reasons as well but these are a few. I would suggest if you are ever arrested for a DUI in Dade, Broward or Palm Beach County, say as little as possible, be polite, and don’t blow.
The last advice …. contact me immediately if you are ever arrested.
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: www.phillipmenditto.com
10 Days
DUI Ticket
If you have been arrested for a DUI in Broward, Dade, or Palm Beach County, the police will most likely take away your license the day/night you are arrested. This is very important because most people believe that they cannot drive once this happens. This is not true.
Once you are arrested for a DUI, the police issue you a DUI citation which is your driver’s license for the next 10 days. Most people do not know this and simply do not drive. At the bottom of the citation, it says that this will serve as a temporary driver’s license for the next 10 days unless the person is unauthorized to drive
The hiring of an attorney immediately upon your arrest is essential because your attorney can get you an extended driving permit for the next two months. If you delay, you will lose this right and forfeit the privilege to drive.
If you have an questions, please feel free to call me.
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: http://www.phillipmenditto.com
Bonding out
Handcuffs
Bonding out
If you are ever arrested, you will be given a bond amount depend on the
charges you are facing. For example, a first DUI without an accident
has a list bond of $500.
The jail, for first time offenders, will offer what’s called “pre-trial
release”. This will not require you to post a bond. Most people who
are arrested jump at this option because they think….I don’t need to
post a bond or pay a bondsman.
This is true but pre-trial release can also be a leash around your neck.
Pre-trial release requires you to call in to a pre-trial officer 2-3
times a week and depending on the magistrate judge the morning after you
are arrested. You may also be required to attend AA meetings and or drug
classes.
My advice is to bond out and not use pre-trial release unless absolutely
necessary….you have no money to post a bond. It’s better to be out on
bond and not be required to check in with anyone except your lawyer.
“If you have any further questions or would like to retain my services, please call Attorney Phillip Menditto.”
Regards,
Phillip Menditto P.A.
Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: http://www.phillipmenditto.com
Traffic Tickets
traffic tickets
Many of us receive traffic citations on a monthly or yearly basis. The
important thing to remember is that simply paying the citation is not
the easiest way to handle that annoying problem.
If you simply pay the citation, even a non-moving violation, your
insurance rates can and most likely will increase due to the fact that
you have been adjudicated of that citation. Once you pay the ticket,
you are adjudicated of it because you chose the route of paying the
citation instead of hiring an attorney.
The Police Officer who stops you will often times suggest that you pay
the ticket because hiring an attorney will cost more. This is simply
not the case. Hiring an attorney almost always will ensure that you do
not receive points for that ticket. The attorney can often times be
able to get the ticket dismissed which is the best case scenario.
Please feel free to call me Attorney Phillip Menditto if you have any
further questions. 954-641-9100.
Casey Anthony Continues To Fight Court Battles Over The Death Of Her Daughter
When three-year-old Caylee Marie was reported missing by her mother, Casey Anthony, all of Orange County, Florida began to search for her. When her body was recovered in a wooded area a few months later, it sent the county into an uproar. The mother was arrested for the murder of her daughter and frantic investigations began. The mother’s attorney is now working to prove that Orange County Police did not react properly when a 911 caller reported seeing something in the woods where she was found. He made three calls over a period of three days, but police never fully investigated. The attorney believes that he can get the police department for negligence, and may be able to free his client.
The mother is also in the process of being sued for defamation of character by her daughter’s babysitter. The mother made claims that the babysitter had abducted her child. However, Anthony’s attorney has filed papers to request that the defamation trial be moved until after the criminal trial. Oftentimes, when a child goes missing, or ends up dead, the parents are the first to be blamed. If you have been incarcerated, on top of the pain of losing your child, contact the Menditto Law Office for experienced criminal defense lawyers today.
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