Interviewer: What are the most common types of crime that you represent people for?
Randy Berman: I don’t have a specific typical crime because having done this for so many years, I get people with all kinds of different problems. A typical type of scenario is being stopped by the police when you’re driving and having them ask to search your car.
You Can Refuse to Allow the Police to Search Your Car; it is Well within Your Rights to Do So.
Most people unfortunately agree to allow the police to search their car when they know they’ve got some type of contraband in the car. Once the officer has probable cause to conduct the search, they’re entitled to search. Refusing to allow them to search is not wrong, you’ve got that right. Unless they see something in plain view, unless they smell something that’s burning, being stopped for a minor traffic infraction doesn’t give rise and allow the police to go searching into your trunk or under your seats. If you agree to let them search without saying “no”, then anything they find can be used as evidence to prosecute you.
If you happen to have marijuana under the seat or gun under the seat or some other type of contraband, they’re going to be able to get that into evidence in a trial against you if you’re charged and agree to the search
Theft Crimes are Pretty Common in Florida
Interviewer: Do you handle crimes like theft as well?
Randy Berman: Sure, all types of theft. There is burglary, there is grand theft, retail or petty theft, there’s embezzlement if you take money from an employer. There’s fraud where you use somebody else’s credit card or write and deposit someone’s check that didn’t authorize it. There’s a whole host of different types of thefts that I’ve been involved with.
Drug Crimes are Prevalent in The State of Florida
Interviewer: What kind of drug crimes are you defending people for? Is it marijuana?
Randy Berman: Actually I handled an Oxycodone trafficking trial few weeks ago. That used to be very common until the DEA crack down on pharmacies and doctors prescribing and filling those types of prescriptions. Or people we’re faking their illness or pain at a pain clinic in getting the prescription for Oxycodone. Getting it filled in a pharmacy that was willing to fill it and then taking the prescription out on the street and selling it. Because of crack down and the significant dent that DEA has made in the availability of Oxycodone, surprisingly heroin is coming back as a very popular drug that’s being sold on the street. I have recently gotten a number of heroin possession and sales cases.
The Type of Penalties Imposed Depend on the Quantity of the Drugs
that are Involved
The issues are the same regardless of what particular drug someone is arrested for possessing or attempting to sell or selling. The only difference comes in the type of penalties that are imposed depending on the quantity of the drugs that are involved. The legal questions and issues regarding the legality of the search, the legality of a stop if you’re in a vehicle are always going to be the same issues that are argued, as in other crimes.
Violent Crimes such as Murder or Assault are also Prevalent in Florida
Interviewer: Have you handled Violent crimes like assault or murder?
Randy Berman: I’ve handled many violent crimes. I used to exclusively do homicide defense. I’ve done hundreds of first degree murders and had success, robberies, home invasion burglaries of occupied dwellings. Assaults, aggravated assaults, aggravated batteries, batteries, domestic violence, batteries on people over 65.
Sex Crimes related to the Internet are increasing
Interviewer: In the long run do you also work with like sex crimes as well?
Randy Berman: Sure, most significantly of late I’ve had a number of clients charged with crimes relating to internet pornography, internet solicitation of minors. Seems there is a task force of police and federal law enforcement that actively go into chat rooms, posing as minors and trolling for people to engage in discussion and ultimately set up a rendezvous. There have been a number of cases I’ve handled recently involving that type of scenario. I have also defended people charged with old fashioned sexual battery, they used to call it rape. Other similar sexual assaults that don’t necessarily involve actual rape but maybe unlawful touching. Those types of cases come my way and I handle those as well.