Posted on August 07, 2015 in Criminal Defense

A police spokesman said Vincente David Montano, the homeless man who attacked people at a movie theater in Nashville, Tennessee had a canister of propane, lighter fluid and a lighter and may have intended on setting off an explosive device.

Don Aaron, Metro Nashville Police spokesman, said Thursday the attacker made a gash on the canister of propane, rending it useless.

Aaron said Vincente David Montano started his attack by pepper-spraying two women who were sitting in the theater. A man who was with them intervened and he was wounded by an ax that Montano was carrying. Montano also had a pellet gun. He was killed by police.

What initially appeared to be another mass shooting at a movie theater is beginning to look more like the last desperate act of a severely disturbed homeless man who may have had no intention of harming large numbers of people - but perhaps knew he himself could be killed.

Police say the 29-year-old man identified as Vincente David Montano bought a ticket for "Mad Max: Fury Road" in southern Nashville and entered with pepper spray, a pellet gun and an ax. He fired the pepper spray at several people in the audience before a police officer summoned by other theatergoers confronted him. Montano was shot dead by a SWAT team as he tried to escape out of a back door.

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 Posted on August 07, 2015 in Criminal Defense

San Francisco 49ers pass-rusher Aldon Smith is no stranger to legal trouble and was arrested again and jailed Thursday night, in Santa Clara, California. Last season he served a nine-game suspension for violating the NFL's personal conduct and substance abuse policies; Smith is once again making headlines and not for exception plays. In a statement released by the Santa Clara Police Department on Twitter, it was announced Smith was arrested for a hit-and-run accident, driving under the influence and vandalism. It is not yet known if Smith has retained a criminal defense attorney for the matter.

Smith posted bail on Friday, and has publically apologized for the arrest. 49ers owner Jed York said "not yet" when asked if he had decided on Smith's future with the team, per NFL Network's Mike Silver. Smith was apparently succeeding in winning over the organization, as 49ers general manager Trent Baalke expressed a desire to re-sign him before next offseason, when he becomes a free agent, according to ESPN.com's Paul Gutierrez: "He's in his contract year. He's poised to have a very good year. We expect him to have a very good year. I think he expects himself to have a very good year. We're going to work hard to make sure that he remains here."

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 Posted on August 07, 2015 in Criminal Defense

The DEA chief previously said pot is "probably not" as bad as heroin, but that he was "not an expert."

On Wednesday, the head of the country's top Drug Enforcement Administration has finally acknowledged that marijuana is safer than heroin.

DEA Acting Chief Chuck Rosenberg publically admitted "heroin is clearly more dangerous than marijuana." This is after just last week, Rosenberg had said marijuana is "probably not" as dangerous as heroin, but added that he was "not an expert."

Currently marijuana is still classified by the DEA as a Schedule I drug, alongside heroin and LSD. Schedule 1 is the category reserved for drugs with the highest potential of abuse and no medical value.

Four states and the District of Columbia have legalized recreational marijuana, and 23 states have legalized it for medical purposes.

In 1996, California voters passed Proposition 215, making the Golden State the first in the union to allow for the medical use of marijuana. Since then, 22 more states, the District of Columbia and Guam have enacted similar laws.

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 Posted on June 02, 2015 in Criminal Defense

Four teens have been arrested after they used a stolen camcorder to make a video of themselves counting stolen cash, wearing stolen jewelry, sitting in a stolen car and bragging about their thefts. Police officers recovered the stolen items, including the camcorder, after the suspects crashed the stolen vehicle in Fort Lauderdale and abandoned it, leaving behind all the stolen items and the video, said Dani Moschella, Broward Sheriff's Office spokeswoman.

The officers tracked the items to residential burglaries in Boca Raton and Oakland Park. Broward Sheriff's Office detectives in Oakland Park saw the video and recognized each burglar. The suspects are thought to have been active in the tri-county area, committing at least 25 residential burglaries in Oakland Park, as well as stealing and burglarizing cars.

The four teens are Machel Stevens, 18, of Fort Lauderdale, along with three other boys ages 16 and 17, and they are being charged with burglary and grand theft, among other things. In Florida, burglary, also known as breaking and entering, is defined by Florida Statute §810.02. This is the willful and illegal entry of a home, business, building or motor vehicle with the intent to commit a crime such as theft, assault and battery, and vandalism. "Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in §775.082, §775.083, or §775.084, if, in the course of committing the offense, the offender: (a) commits an assault or battery upon any person; or (b) is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or (c) enters an occupied or unoccupied dwelling or structure, and: 1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or 2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000." However, a burglary is considered a second-degree felony "if in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive," and it is punishable under Florida Statutes §775.082, §775.083, or §775.084.

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 Posted on May 22, 2015 in Criminal Defense

Johnesha Monae Perry, a nineteen-year-old woman from Allentown, Pa., was charged Monday, May 11, 2015, with homicide after authorities alleged she pushed her 1-year-old son, Zymeir Perry, off a bridge and into a river. Perry also faces charges of child endangerment and aggravated assault. The police say she pushed him over the rail of a bridge into the Lehigh River on Sunday, May 3th, before jumping in herself. Authorities found the boy about 700 yards downstream. Unfortunately, the child died on Saturday, May 9th.

Her attorney, a public defender, declined to comment on the case, however, the court documents state that she gave her son a kiss before pushing him over the bridge. Once the autopsy was conducted the medical examiner found the child died from blunt force trauma and drowning.

Under Florida law, homicide is punishable under §782.04 of the Florida Statutes. Pursuant to the statute, a homicide is "the unlawful killing of a human being: 1) when perpetrated from a premeditated design to effect the death of the person killed or any human being; 2) when committed by a person engaged in the perpetration of, or in the attempt to perpetrate" certain felonies, in this case, aggravated child abuse. This is a capital felony and the penalties are set forth under §775.082 of the Florida Statutes. Under Florida law if the mother were found guilty, she would be punished by death or by life imprisonment without parole.

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 Posted on May 22, 2015 in Criminal Defense

Lewd or lascivious exhibition criminalizes intentional sexual performance in the presence of a child younger than 16. Under Florida Statute 800.04(7), the crime of lewd or lascivious exhibition occurs when a person intentionally masturbates, exposes their genitals in a lewd or lascivious manner; or commits another sexual act in the presence of a child.

A couple from Bradenton, Florida, has been convicted of lewd and lascivious exhibition for having sex on a crowded beach. Jose "Benny" Caballero, 40 years old, and Elissa Alvarez, 20 years old, are now facing up to fifteen years behind bars and they must register as sex offenders for illicit public sexcapades. The couple was convicted after a two-day trial.

During trial, the prosecution showed the jury a video filmed by a grandmother during a July visit to Cortez Beach in Bradenton, FL. The video shows Alvarez moving on top of Caballero in a sexual manner. Although the defense argued that Alvarez had been dancing on Caballero, they failed at convincing the jury. It only took the jury 15 minutes to deliberate the case and reach their verdict of guilty for both Caballero and Alvarez.

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 Posted on April 14, 2015 in Criminal Defense

Over the last few years, there have been a number of polarizing cases arising out of interactions between law enforcement and civilians. Due to the frequency and seriousness of these interactions, the general public's trust of law enforcement has been steadily declining. Given the availability of affordable technology and the positive results of a study conducted in California, it is time that the law enforcement's "good apples" stop hiding behind the "code" and do the right thing by mandating body cameras so the "bad apples" can be more easily removed from the barrel.

Just this past week, a disturbing video was made public showing part of an altercation between a South Carolina Officer Michael Slager and civilian Walter Scott. What began as a traffic stop rapidly escalated into a foot chase and then into what can only be described as the assassination of an unarmed civilian by an officer. Although the investigation is still open, since the release of the video, Officer Slager has been arrested and charged with the murder of Walter Scott. This is only the latest in a flurry of videos depicting polarizing police behavior. Clearly, there are "bad apples" in law enforcement, just like any profession. The point of this article is not to insinuate that all law enforcement personnel would have acted as Officer Slager did or would condone his behavior. However, unique to law enforcement is the authority and trust to do the right thing, while at the same time refusing any oversight by an independent review board.

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 Posted on April 08, 2015 in Criminal Defense

By: Julian Stroleny, Esq. a criminal defense attorney in Miami, Florida

Marijuana possession arrests in Miami-Dade County increased 116.9% between 2001 and 2010 despite voter approval of marijuana continuously increasing over the same span. Over 57% of the 2014 voters in Florida were in favor of legalizing medical marijuana but the constitutional amendment failed to meet the 60% threshold. As of today, four US states have legalized marijuana possession and countless others have legalized the medicinal use of marijuana. Floridians want a change in their marijuana laws and for good reason. Not taking into consideration the medical benefits of marijuana, the reality is the financial and social costs associated with enforcing marijuana prohibition are no longer justifiable in Miami-Dade where we have more pressing concerns.

According to the Federal Bureau of Investigation's Uniform Crime Reporting Program, Florida had the third highest arrests of any state for marijuana possession in 2010, totaling 57,951; and the country's eleventh highest arrest rate for marijuana possession (308 arrests for every 100,000 people) in 2010.

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 Posted on March 18, 2015 in Criminal Defense

Robert Alan Durst, born April 12, 1943, is a son of New York City real estate mogul Seymour Durst, and brother of commercial developer Douglas Durst. He came to media attention in the 1980s when his wife disappeared, and again in the early 2000s when he was the subject of a multi-state manhunt and acquittal of murder.

On March 14, 2015, Durst was rearrested in New Orleans on a first-degree murder warrant issued by the Los Angeles Police Department. By now you've heard about Durst's recorded bathroom confession during a break while filming an HBO interview. While there is other evidence and Durst's recorded words will not likely be the nail in the coffin in a criminal trial, the world is still wondering "why would he even agree to an interview about his life and the murders?" Maybe he believed he would outsmart the world, maybe he wanted to be caught.

I would be amazed to find his criminal lawyer thought it was a good idea to participate with the interview. In all likelihood, his attorney adamantly objected to Durst's participation in the interview and with good reason to do so. Durst's criminal lawyer, Dick DeGuerin, faces not only a difficult trial ahead but a client whose refusal to abide to legal advice makes an attorney's job even harder.

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 Posted on February 14, 2015 in Criminal Defense

The 73-year-old brother of Senator Harry Reid was arrested Monday and charged with DUI and hitting a police officer. Reid's brother, Larry Reid was arrested for DUI about 12:40 p.m. between Boulder City and Searchlight, according to Nevada Highway Patrol, a local ABC affiliate reported.

Mr. Reid was also charged with battery of a police officer, driving across a median, resisting arrest, not wearing a seat belt and possession of a gun while under the influence of alcohol, the station reported.

Mr. Reid's office released a statement confirming that Larry Reid is the Democrat's brother, saying only that it is "a private matter."

If you have been charged with DUI or driving under the influence, contact experienced DUI attorney Julian Stroleny Esq. at Stroleny Law: Criminal Defense Attorney Our criminal defense firm is dedicated to fighting charges throughout Miami, Ft. Lauderdale and South Florida. Visit our page at strolenylaw.com/dui/bui/ or call Stroleny Law: Criminal Defense Attorney today for your free consultation at 305-615-1285 .

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