UPDATE: We are learning that famed DUI lawyer Richard Essen passed away Monday. Mr. Essen was a pioneer in establishing a specialized DUI law firm and his firm produced many superb DUI defense attorneys including Bobby Reiff, Jonathan Blecher, top Broward DUI Lawyer Carlos Canet, and (now) Judge Joe Fernandez and many others.
Our favourite federal blogger has the nuances between surrendering versus being arrested in Federal court here. It's worth reading if you care about such things and the congressional committee notes on the subject.
And since it's Wednesday it's time for our highly acclaimed 3rd DCA roundup which has been on hiatus for a few weeks.
Ever wondered what would happen if after a bad night at the Miccosukee casino you got upset and drove your truck into the casino through the doors?
Our hero Leonard Marrero in Marrero v. State, did just that and got charged with criminal mischief. According to the case, the rule in deciding damages for criminal mischief is measured by the cost of repair or replacement. If the state does not prove a value, then a conviction will stand only for the lowest level of the offense- a second degree misdemeanor. However, the court noted that " It has been said that “a trial court may conclude ‘that certain repairs are so self-evident that the fact-finder could conclude based on life experience that the statutory damage threshold has been met."
Thus, when the state introduced the video of poor Leonard driving his truck into the casino, the court could reasonably conclude the damage was in excess of $1,000.00.
Rumpole notes: Out the door goes the long accepted maxim that the state must prove each and every element of the crime beyond a reasonable doubt. So what else is new?
Judge David Miller joins the hall of shame here.