Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

If you or someone you know anywhere in Florida needs the assistance of an experienced Fort Lauderdale Criminal Attorney, call Ralph Behr today at 866-266-7352, or complete the contact form provided on this site to schedule your free consultation.

Professional Profile

If you or someone you know anywhere in Florida needs the assistance of an experienced Fort Lauderdale Criminal Attorney, call Ralph Behr today at 866-266-7352, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Law Offices of Ralph Behr, Esq., P.A.
888 S.E. Third Avenue
Fort Lauderdale, FL 33316
Phone: 866-266-7352
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Ralph Behr
Attorney Ralph Behr has been a practicing lawyer since 1976. He specializes in criminal law and is board certified by the Florida Bar in Criminal Trials. He practices in courts throughout Florida and in federal courts throughout the United States.

He maintains offices in Florida, in Fort Lauderdale, and appears in courts in Fort Lauderdale, West Palm Beach, Miami state and federal courts in Broward County, Miami Dade County, Palm Beach, West Palm Beach, Vero Beach, Fort Meyers, Tampa, St. Petersburg, Orlando and Jacksonville Florida.

His practice concentrates in major felonies, drug crimes, drug trafficking, homicide, murder. Mr. Behr also practices in federal court on federal matters, extradition, money laundering, white collar crimes, violations of probation, violations of community control, tax law criminal charges, federal parole hearings, bond reduction hearings and other federal offenses.

His practice represents individuals from Colombia, Mexico, Great Britain, Germany, Australia, and Caribbean Island nations. Private citizens charged with serious felonies in State or Federal Court have been represented by attorney Behr. He has defended white collar charges, money laundering, wire fraud, drug trafficking, narcotics possession, cocaine delivery, cocaine trafficking, fraud, theft, grand theft, internet crimes, identity theft, credit card theft, forgery, counterfeit and currency violations. He represents both individuals and corporations charged with crimes. He appears in Florida courts in Miami, Broward County, Palm Beach County, Indian River County, Hillsboro county, Monroe County, Gainesville, Tampa, St. Petersburg and Orlando. He appears daily in Fort Lauderdale criminal courts, Miami felony and misdemeanor courts, Palm Beach felony courts, Palm Beach misdemeanor courts and federal courts in Palm Beach, Fort Lauderdale and Miami, Florida.

Between 1976 and 2005 he has represented and defended people charged with the following crimes: registration violations, sexual predator and sexual battery charges, sex crimes, assault, battery, battery on Law Enforcement Officers, homicide, prostitution, lewd assault, lewd and indecent exposure, arson, criminal mischief, burglary, trespass, fraudulent practices, tax fraud, tax evasion, child abuse, animal cruelty, parole and probation violations, community control violations, extradition, international extradition, federal in-custody violations, bail, bond, bond reduction, gambling, felony DUI and felony DUBAL, obstruction of justice, felony murder, false imprisonment, detention violations, child abuse, armed battery, firearm violations.

He has been the annual sponsor of the Sentencing Code and Punishment Code Seminars held in the Broward County Courthouse in 1999, 2000, 2001, 2002 and 2003. He produced and published Behr's Index to Florida Standard Jury Instructions, in booklet form from 1997 through 2002.

He is a former Legal Writing and Research Teaching Assistant at Hofstra University School of Law, and was a contributing researcher to the late Professor Seymour Kleinman at Columbia University School of Law in New York during the years 1979 to 1983. He is a former legal editor to E.B. Williams Publishing, New York, New York, and is a former Legislative Aide in the New York State Assembly 1971 to 1973.

JURISDICTIONS ADMITTED TO PRACTICE:

• U.S. Supreme Court
• Florida
• New York
• Oregon
• U.S. District Court Southern District of Florida
• U.S. District Court Middle District of Florida
• U.S. District Court Western District of Pennsylvania

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Florida Association of Criminal Defense Lawyers: Member of the Board of Directors
• Broward Association of Criminal Defense Lawyers: Member of the Board of Directors, Chairman of the Legislative Liaison Committee, Chairman of the Pleading and Practice Committee
• Federal Practice Committee
• National Association of Criminal Defense Lawyers
• Association of Federal Defense Attorneys
• Florida Bar Association: Criminal Law Section, Appellate Law Section, International Law Section, Tax Law Section, Securities Law Section
• American Bar Association
• New York State Assembly: Former Legislative Aide, Former Staff Member Penal Committee
• Hofstra University of Law, N.Y.: Former Instructor in Legal Research
• Columbia University School of Law, NY, NY: Former Teaching Assistant
• City of Deerfield Beach: Former Commissioner of Housing
• E.B. Williams Publishing Co.: Former Legal Editor, Certifications
• Board Certified in Criminal Law by the Florida Bar
• "Death Qualified" by the Florida Supreme Court For Capital Murder/Death Penalty cases
• 2006 Nominee, Best Lawyers in America
• Top rated "A/V" by lawyers.com and Martindale-Hubbell lawyers directory
• "Leading Florida Attorney" since 1994 rated by American Research Corporation
• Top rated since 1994 by Florida Consumer Guidebook
• Who's Who in American Law since 1994
• Listed as "Best Lawyer" since 1994 in International Dictionary of Biography
• Board Certified in Criminal Trial Law by the Florida Bar