Florida Deputies Save Man from Train, Then Arrest Him for DUI

Although a Central Florida man owes some quick-thinking police officers a debt of gratitude for saving his life, he may still be needing the help of an Orlando Criminal Law attorney or Orlando DUI lawyer.

Minutes after deputies saved the man from a potentially fatal collision with a train early one morning last week in Marion County near Ocala, he was arrested and charged with DUI. Apparently the man was so intoxicated he didn’t know about the near death experience he faced.

An Orlando Criminal Law attorney or Orlando DUI lawyer can help with almost any trouble you may find yourself in with the law including charges of robbery, assault & battery, domestic violence, violation of patrol and DUI.

An Orlando drug possession attorney can also help with charges of possession, sales and trafficking. However, they cannot help if you park your car on a railroad track.

The event took place at around 1:00am. Two Marion County Sheriffs Office deputies were checking a construction site near a railroad crossing at U.S. Highway 326 and N.E. 36th Avenue when they observed a Nissan car reverse down a dirt road, roll down a four foot high dirt embankment and become stuck on the train tracks.

When the deputies heard a train approaching from the South, they quickly ran to the car and asked the occupants to get out and off of the tracks to safety. Inside were 34 year old driver Simon Kubitza and 39 year old Paula Poissant.

The deputies say they had to ask several times as the couple seemed very unaware of their surroundings or that they were even in danger. After the couple eventually got out of the car, one of the officers got in the driver's seat while the other lifted and pushed the car free from the tracks.

The officers moved the car to safety just as the train passed by. Kubitza, the driver, was arrested after he failed a field sobriety test. He was transported to the Marion County Jail where he was booked with driving under the influence.

Lucky Break for Clerk in Botched Orlando Robbery

Police are searching for two men who may be needing the help of an Orlando Criminal Law Attorney after an armed robbery at an area convenience store nearly turned deadly over the holidays.

With the release of surveillance video from the scene of the crime, police are asking the public to help in the search and urging the suspects to turn themselves in to an Orlando Criminal Law Attorney.

A clerk that was the victim of the robbery could have been killed had one of the suspect’s weapons not jammed.

An Orlando Criminal Law Attorney can help with charges of DUI, assault and battery, Orlando violation of parole, robbery and domestic disturbances.

Law enforcement officials are hoping the botched robbery will be a lesson to other would-be criminals that convenience store theft does not pay what it used to and is not worth the price of putting lives at risk.

According to investigators with the Orange County Sheriff's Office, the robbery happened just before 4:00 am on the morning of December 19 at the Kangaroo Express store on Magnolia Homes Road.

Reports say two African-American males entered the store wearing masks and armed with guns. The men immediately approached the store clerk and demanded that he turn over the store’s cash.  When the clerk told them that he did not have access to the safe, the scene turned violent.

The robbery was captured on store surveillance video, which was released this week to aid in the investigation. It shows the clerk reading a book when the men entered, then having a gun thrust in his face as the men demanded money.

After the suspects asked the clerk to open the safe, he told them repeatedly that it could only be opened by a manager. After clearing out the cash drawer, they questioned him again. Although he explained it could only be opened with two keys and would take 30 minutes, they again demanded entry.

Next, the surveillance video captures the click of the trigger as one of the thugs tries to fire his weapon at the clerk, but the weapon jams.  He is then seen taking out the clip and examining the gun, but eventually gives up and pistol whips the clerk.

When the suspects eventually figure out that they cannot gain entry to the safe, they grab several packs of cigarettes and run for the door. Investigators have not disclosed whether the men fled in a car or which direction they went.

Police investigators are asking anyone with information about the crime to contact them. Check back for further updates to this story.

Man Arrested After Admitting Gun Possession at Traffic Stop

Any Orlando Criminal Law Attorney will tell you that they see a large part of their clients charged with crimes after they volunteer additional, unnecessary information to law enforcement officers during routine traffic stops or questioning.

The simple fact is that our constitution puts the burden of proving that someone is committing a crime on the government. When you volunteer incriminating information to police, you are essentially turning yourself in for a crime that you have not even been charged with.

Although thousands of violent criminals are apprehended this way each year making our streets safer, the volunteering of incriminating information also leads to thousands of arrests in victimless crimes.  Our jails and court dockets are full of these types of cases which slow the criminal justice system.

In one case this weekend, officers were fortunate that the carelessness of a criminal led to an arrest that may have prevented a violent crime down the road. A convicted felon told officers during a traffic stop that he had an illegal firearm and will now be needing the help of an Orlando criminal law attorney.

According to police reports, officers in North Orange County pulled over 32 year old Walter Upshaw late Saturday evening near North Orange Blossom Trail after he failed to come to a complete stop at an intersection.

During the stop, officers noticed a strong odor of marijuana coming from Upshaw’s car windows.  Upon questioning, he then told officers, "I'm sorry officer, my gun is digging in my hip."

Since Upshaw is currently serving three years' probation for a prior felony drug conviction, he is prohibited by state and federal laws from carrying any type of firearm.

Police records show Upshaw had a .380 caliber pistol which was loaded with one bullet in the chamber and six more in the magazine. He was arrested and charged with possession of a firearm and possession of ammunition by a convicted felon. He later posted bail of $5,150 and was released from the Orange County Jail.

City law enforcement officials say they have recovered a multitude of illegal weapons in recent months through a program by the Tactical Anti-Crime unit of strictly enforcing traffic laws.

Check back for updates to this story. Should you have any questions about your legal rights or need assistance with a criminal charge, contact us today to speak with an Orlando Criminal Law Attorney.

Two Suspects Arrested After Stabbing at Orlando Nightclub

Two people arrested in connection with a stabbing at a downtown nightclub will be needing the help of an Orlando Criminal Law attorney or Orlando Assault and Battery Lawyer after they face severe charges in relation to the alleged crime.

An Orlando criminal law attorney, Orlando DUI lawyer or Orlando felony attorney can help defend against a variety of charges and try to limit fines or jail time that a person charged with a crime may face.

In this unfortunate situation, it appears an innocent man may have been severely injured over a simple altercation that started with an act as accidental as bumping into a woman at a bar.

According to police, the crime took place over the holiday weekend early Sunday morning as patrons were wrapping up the nights celebration at the Dragon Room, another loud, cheesy Church Street bar that throws out red carpet and velvet ropes come weekend time.

Reports indicate 26 year old Matthew Gibbons was approaching the bar at about 1:35 a.m. when he bumped into 31 year old Ashley Castorena. Although witnesses later said Gibbons was not aggressive, it was then that Castorena began hitting him repeatedly in the head and another woman began pulling him away.

As Castorena was attacking Gibbons for bumping into her, a man which police identified as 24 year old John Julius Feliciano Perez came up to Gibbons from behind and stabbed him in the back and stomach. Perez then quickly tried to flee the scene.

Black suit clad ultralounge bouncers eventually broke up the attack after Gibbons was stabbed. According to police, he was taken to the hospital for his injuries and is expected to be treated for at least a week. However, he should make a full recovery.

Police gave chase to track down the young thug and eventually found Perez a few blocks a way near Pine Street. After placing him in handcuffs, officers say he tried to discard of a large butterfly-style knife, dropping it on the concrete.

Feliciano Perez was arrested and charged with attempted first-degree murder and tampering with evidence. Castorena was also arrested and charged with battery, tampering with a witness and resisting an officer without violence.

Both suspects were booked into the Orange County Jail. No details were given as to whether they posted bail or have been released to await trial.

Alcohol Detection Anklets Could Reduce Prison Crowding, Save Taxpayers

If you are arrested for driving while intoxicated in Central Florida Orlando, it is very important that you seek the help of a qualified Orlando Criminal Law Attorney or Orlando DUI Lawyer. 

Those convicted can face extreme fines and prison sentences, even if no accident occurs and no one is injured as a result. And the fines don’t even come close to covering the cost on our justice system or prison system of handling the thousands of arrests each year.

Now, new technology is offering an alternative to the standard jail time for those convicted of driving under the influence. One that could cure the root problem and save taxpayers money.

The intention of criminal punishment usually varies between deterrent for would-be criminals, retribution for victims, family and society and rehabilitation for criminals to prevent further crimes.

However, studies have shown that while people crave retribution, rehabilitation often has stronger, longer lasting results.

In the case of crimes involving driving while intoxicated, measures to cure convicts of the root drinking problem can have a greater effect than reactive punishment after a crime has been committed. This is especially true in the case of victimless crimes where no one was hurt in connection with the DUI.

For these specific cases, many courts are turning to an ankle-worn alcohol monitoring device for those convicted of DUI. The device, called SCRAM, is worn 24 hours a day, 7 days a week, to monitor a subjects alcohol use through their skin.

Every 30 minutes, the device sends the alcohol data to an information center via modem, which can track the subjects habits and report to authorities if necessary. According to the company, those required to wear the device are considerably less likely to be arrested for another DUI than offenders who do not.

The SCRAM devices are now used in 48 states and claim they have monitored more than 180,000 clients so far. Many of those allowed to participate in the program claim it helped them avoid alcohol altogether, rather than just dodging another arrest.

Unfortunately, many courts are still apprehensive to order the devices as an alternative to prison sentences, which has led to the greatest prison overcrowding problems to date.

Despite Tough Laws, Florida Ranks High for DUI Fatalities

For those caught on the wrong side of the law in a DUI arrest, a qualified Orlando DUI Lawyer can help them navigate the confusing trial procedures and hopefully avoid major fines and jail time.

However, the numbers from a recently released study show that in Florida, unfortunately drivers may need an Orlando Criminal Law Attorney for more than just a DUI charge as more and more of these accidents are leading to fatalities.

Despite having some of the toughest laws to dissuade drivers from driving while intoxicated, studies show that Florida ranks third in the nation for the number of deaths related to DUI accidents.

A qualified Orlando criminal attorney can serve as an Orlando violation of probation lawyer, Orlando domestic violence attorney, Orlando theft attorney or Orlando battery attorney for a variety of charges.  It is unfortunate for all involved when they have to defend a driver for manslaughter or a fatality-related charge as well.

The new study sheds some light on what type of driver is most often involved in an alcohol-related accident, as well as what type of drinker is most often responsible for the death of another motorist.

The accident statistics for 2009 show that Florida ranks third behind Texas and California for the number of deaths caused by those driving while intoxicated. The number of DUI-related fatalities that year was 770.

Even more shocking is that 79 of those were caused by people not even old enough to drink.  If there is one bright spot in the data, it is that the DUI fatality rate dropped 13.2% from the previous year.

The high amount of DUI-related deaths came as Florida was stepping up enforcement, making more than 50,000 arrests for driving while intoxicated. Such arrests can carry stiff fines and penalties.

Typically, the first offense for a Florida DUI imposes a fine of between $500 and $1,000, plus the likelihood of community service, jail time, impoundment of vehicle and suspension of a driver's license. And these are only for the lowest illegal blood alcohol levels. 

While higher blood alcohol levels carry the potential for higher fines and longer jail time, studies also show that the most hardcore drinkers are not being dissuaded by the threat. Those with blood alcohol levels above .15 are responsible for 73% of the alcohol-related fatalities.

Orlando Criminal Lawyers believe more education and stricter enforcement may be needed to curb these hardest of drinkers from causing more deaths.

Orlando Police Search for Suspects in Armed Robbery

Local criminal defense attorneys are urging the suspects in a weekend robbery to turn themselves in to face the criminal justice system to prevent further injury or charges.

Orlando area police are looking for two suspects they say robbed a local bar over the weekend.  If caught, the men will be needing the help of a criminal defense lawyer Orlando or an Orlando Criminal Law Attorney.

While the charges against the men will not include anything for battery as no one was injured in the robbery, they could face charges for using a weapon during a robbery and discharging a gun in public.

According to investigators with the Volusia County Sheriff’s Department, a bar in Deland known as Pat’s Place was robbed over the weekend.  The bar is located on East New York Avenue.

Witnesses say the two men rushed into the bar Sunday night while it was still open. They had masks on and had at least one handgun. One of the men fired a shot, then they took some cash and fled the scene.

It is not clear at this time how many patrons were present at the bar at the time, or how much money the men took.  No one was injured during the crime and it doesn’t appear that any of the customers was robbed.

Police have not released a description of the men at this time, but an investigation is said to be underway to try to track them down.

Police are asking anyone with information about the crime to contact them.  An award may be available for information leading to their arrest.

Check back for further updates as the investigation continues. For help in defending any type of Orlando criminal matter, contact us today.

Orlando Criminal Law Attorney Mark Conan Aiding Client in Case Involving Alleged Police Brutality

Routine cases of trespassing, intoxication, and resisting arrest in Orlando seldom receive media attention from major local news outlets.  However, when they involve allegations of police brutality at a well–known theme park, all caught on video, people tend to take notice.

Trial is set to begin this week in a criminal case that is getting significant publicity for the alleged underlying elements of police brutality.

Attorney Mark Conan is helping 29-year-old Nancy Kavallierakis, of Clearwater, defend charges of trespassing, disorderly intoxication, and resisting arrest which arose from a visit to Universal Studios last May.

Much of the attention of the trial, however, will be focused on a video showing how Ms. Kavallierakis was handled by officers during the arrest.

Allegations of excessive force are nothing new with Orlando Police officers.  However, their actions are seldom caught in plain view on a surveillance video.

Conan points out that officers began arresting Kavallierakis at Universal after she dropped something, which is not a crime and should have never led to an arrest.

When the situation escalated, Kavallierakis suffered injuries to her face and head, as well as a broken arm. Conan charges the arrest was overly aggressive. Although officers claim the woman was vulgar and argumentative with them, this is not shown on surveillance video.

There has been no indication yet of whether Kavallierakis plans to file a civil suit for her damages and injuries related to the arrest.

More coverage of the case can be found at the following sites:

http://articles.orlandosentinel.com/2011-10-07/news/os-universal-studios-excessive-force-20111007_1_police-officers-officers-claim-orlando-police
 
 
http://www.msnbc.msn.com/id/44822918/ns/local_news-orlando_fl/t/surveillance-captures-universal-garage-takedown/
 
 
http://www.wftv.com/news/news/local/woman-taken-down-arrested-police-universal-will-st/nD8W4/
 
http://www.clickorlando.com/news/29423847/detail.html

Check back for further updates as this trial continues.

Orlando Mother Arrested for DUI While Driving Kids Home From School

A local mother may be needing the help of an Orlando Criminal Law Attorney or Orlando DUI Lawyer after she was arrested last week and charged with driving under the influence.

What has area residents in shock is that the mother of two had just picked her children up from school when she was stopped and arrested on her way home. Aside from the danger to herself and other drivers, she put her children and other kids around the school in danger.

42 year old Virginia Funes, originally from Nicaragua, had just picked her 8 year old and 10 year old up from school when officers pulled her over for running a red light at the intersection of Dean Road and Colonial Drive.

Although she was only stopped for questioning, the arrest report indicates the deputy noticed the smell of alcohol on her breath.  When she told the officer that she did not speak English, a second officer who was bilingual was called for assistance.

When the Spanish-speaking deputy spoke with Funes, they also noticed that she was talking with slurred, mumbled speech. She was arrested after refusing to submit to a sobriety test.

According to deputies, Funes passed out in the back of the patrol car while she was being taken to the Orange County Jail for booking. They took her to a hospital for medical attention, where she again regained consciousness.

Funes did eventually submit to a blood-alcohol test which showed that her alcohol level was over three times the legal limit of .08 in Florida.

The mother was charged with driving under the influence as well as two charges of child neglect.  She will likely need the assistance of an Orlando Criminal Law Attorney or Orlando DUI Lawyer to defend these charges.

Funes was released after she posted bond last week. Check back for further updates to this story as the investigation continues.

Orlando Criminal Law Attorney Urges Murder Suspect to Come Forward

People in Central Florida usually call an Orlando Criminal Law Attorney when they need help with a charge of domestic violence, violation of probation, theft, assault & battery or DUI.

Now, these lawyers are joining law enforcement calling for a suspect in a vicious crime against an Orlando man to turn himself in.

Overall, the rate of violent crime has been down in Central Florida for the year, however, the last two weekends have seen several fatal crimes near Orlando.

In one such case, police say a man was murdered at gunpoint last weekend outside of a bar in Winter Haven by a man who tried to rob several patrons. The man is still on the run and the search for him is underway.

The incident happened at just after 1 in the morning on Saturday at Jessie’s Lounge on 3^rd Street Southwest in Winter Haven. Witnesses say the victim, 45 year old Ralph Ameduri, Jr. of Orlando, was in a patio area behind the bar during the intermission of a live music set by a band when the shooting happened.

According to police reports, an African-American man between the ages of 25 and 30 just under six feet tall weighing 165-170 pounds approached a group of patrons and robbed them at gunpoint.

During the robbery, Ameduri was shot in the head.  He was taken to a local hospital but later passed away from his injuries. The suspect fled from the scene toward 1^st Street in Winter Haven and has not been seen since.  Witnesses say he was wearing a black shirt with white shorts.

According to an Orlando Criminal Law Attorney, it is important for suspects to come forward when faced with any criminal charge.  They should also consult a qualified lawyer to help them prepare a defense.

Anyone with information about this crime or the suspect is urged too contact law enforcement.

Check back for further updates to this story as the investigation continues.