Articles Tagged with Criminal Defense Lawyer

Lying to federal authorities such as the FBI is a crime that is punishable by up to five years in federal prison. Over the past year or so, many people have become aware of this crime due to recent highly publicized cases that have filled the headlines relating to the ongoing Special Counsel’s investigation of foreign interference in the 2016 election. Indictments have been unsealed relating to multiple defendants pleading guilty, being sentenced by a judge and sent to prison for this crime. Others await sentencing after negotiating plea deals for this crime as well as others.

However the same circumstance doesn’t apply for lying to local or state law enforcement authorities. It’s important to know that difference. Although statements you make to a police officer (true or false) can be used and held against you in a court of law whether your Miranda rights have been read to you or not at the time your statements were made, but the act of telling a lie in itself is not a crime. 

Those who have visited my Website, or read articles here on my blog have been educated strongly to never speak when questioned by police or any other type of law enforcement authorities without an attorney present. It is also crucial not to volunteer information. This instruction is imperative whether an arrest has been made or the possibility of one may be pending. Even if police believe you’re only a witness to a possible crime you have the right to say nothing to them if they question you until an attorney is present.

If you or someone close to you is charged with any alcohol-related driving violation it’s crucial to retain a knowledgeable criminal defense attorney who specializes in these types of occurrences at the earliest possible moment.

Accepting her fate at the Turner Gilford Knight Correctional Center late last month where she was being held on $80,000 bail, Jessica Araujo of Miami was formally arrested and charged with numerous alcohol related charges including DUI manslaughter.

Other charges that Araujo will now face are vehicular homicide, reckless driving, driving under the influence of alcohol; causing serious bodily injury, and possession of cocaine.

It was more than twenty years ago when Lynne Friend went to meet her estranged husband to pick up a check that was due for child support. After that evening, the then thirty-five year old Lynne Friend vanished.

For eighteen of those twenty years, her ex-husband, Clifford Friend lived his life as a free man and continued with his life. He remarried in 1995 and together with his new wife they raised his son Christian the product of his first marriage. He opened a pawn shop and the couple bought a home in Pembroke Pines. Although he was the prime suspect in his wife’s disappearance, charges against him were never filed.

But in March of 2012, a Grand Jury indicted Friend for the charge of first degree murder in his wife’s death. Over the years, the case had gone before Grand Juries three previous times but it wasn’t until the latest review that an Indictment was returned.

Back then, after making his first appearance before a Miami-Dade judge, the Lighthouse Point man was denied bail. At the time, the Miami-Dade State Attorney’s office introduced new evidence that apparently made the difference although Lynne’s body was never found.

Investigators asserted that they had new evidence that was gathered during the course of their investigation stating that they had confirmation of Mr. Friend and Alan Gold (one of his former friends) throwing an oversized bundle from Gold’s boat that was drifting off the coast of Miami Beach in the area of Government Cut. The information was provided by U.S. Customs officials who told investigators that they witnessed the act on the last night Lynne Friend was seen, approximately one hour after Friend spoke with his wife about picking up the payment.

The boat was later searched revealing a quantity of light gauge rope and two cement blocks. However, in spite of a considerable search of the area, no human remains or evidence of a large package or container of any type was ever found in the water or neighboring area.

The prosecution’s case hinged on Gold’s testimony who until recently remained silent. He was offered immunity in the case in exchange for becoming a witness against his former friend. He stated that he promised Mr. Friend that he would never reveal the episode that transpired that night and had no intentions of doing so. But his fear of being prosecuted as an accessory to the crime caused him to accept the immunity deal. At trial, in his own words when he was asked why he decided to testify he told the prosecutor: “Only because you put me in a box and I don’t have any choice.”

Prior to making that statement, during questioning the prosecutor asked Gold if he helped Friend on the night in question by throwing a parcel off a boat into the water. His answer was in the affirmative. The prosecutor’s then asked if he suspected what was in the bag that was thrown overboard to which he responded definitively and without hesitation “His wife, Lynne.”

During further questioning Gold stated that Friend told him that he strangled his ex-wife during a heated argument and he only agreed to help his friend get rid of his ex-wife’s body to keep him from getting arrested and sent to jail leaving their son, Christian without either parent. His son Christian was five years old at the time of his mother’s presumed murder. Gold went on to say “I basically didn’t want to see the kid fatherless.”

Friend had previously lost a long bitter custody battle and his ex-wife was preparing to leave the state with their son. This apparently infuriated Friend.

The two week long first-degree murder trial that concluded in July resulted with the jury deliberating for five hours before returning a verdict of guilty of the lesser charge of second degree murder.

Before the sentence of life in prison was announced last month, Friend’s current wife Janet told the judge that her husband was a good man. “His smile, his guidance and his presence as a father will be missed. I’m requesting you to consider that he had no criminal history and was an outstanding citizen, phenomenal father and wonderful husband.” The couple had been married for nineteen years.

His son Christian, now twenty-five also stood by his father saying that his father was innocent of the crime. “He raised us to know the difference between right and wrong. I know he loved me. He loved too much to hurt me by taking my mother from me. After sitting here for weeks, I have never been more sure of his innocence.”

But Lynn Friend’s former fiancé, Ed O’Dell had a completely opposite viewpoint. After the sentence was imposed he told reporters that he though Friend should have received the death penalty.

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