The right of self defense is legally defined as an individual’s right to use reasonable force in order to defend themselves or someone else when their safety was threatened. In certain situations, this includes the use of deadly force.

While self defense is a valid legal defense, there are specific circumstances under which it can be used in court. The defendant must prove he or she was not the initial aggressor, did not use excessive force in response to an attack, and reasonably believed that using force was necessary as a last resort to prevent immediate danger. In addition, the self defense claim must make sense in relation to the rest of the evidence.

In New York, proportionality is a key factor in a justification defense. A person’s response to an attack must be proportional to the attack. The threat of attack must also be immediate.

In cases that involve deadly force, the defendant must prove that he or she faced an imminent risk of injury, death or rape from the attacker. Self defense cannot be used if the individual acted only because of a threat of future harm.

Many serious cases of alleged assault can result in acquittals due to a successful self-defense argument. However, there are risks associated with using a self-defense strategy. A good criminal defense attorney can examine the details of a case and determine which defense will obtain the best outcome.

Now, a federal lawsuit against Apple asserts the company filed a patent back in 2008 for a technology feature that would lock out a driver’s phone with certain sensors to determine when the phone was moving and in use by a motor vehicle driver. The theory goes that Apple is liable because it could have prevented certain functions, like texting, and yet chose not to do so. In that patent filing, Apple indicates that the technology was needed because texting behind the wheel had become so widespread and law enforcement had been ineffective at curbing it. The application even went so far as to say that teens especially were vulnerable to risk, and evidence had shown that while teens know it’s dangerous, it doesn’t stop them from doing it.

So the big question then becomes: Then why wasn’t Apple using this technology? 

Car accident deaths have risen to levels we haven’t seen since the 1960’s. The distraction of drivers is a huge part of this problem. So now this lawsuit asks whether Apple had a responsibility to install this technology because it clearly knew drivers would be using their phones for texting and yet failed to stop them – specifically, this woman – from using this feature, resulting in harm to the victims.

Legal analysts have largely concurred that plaintiffs are unlikely to prevail in this action. In order for that to happen, they’d have to show the use of the iPhone specifically caused this fatal accident. Defendant driver was arrested and later convicted of negligent homicide, sentenced to five years of probation. Her criminal defense lawyer says she now drives with her phone in the back seat of her vehicle. But must it really take causing a double fatal accident and paralyzing a young child for life to get drivers to put down their phones? And if so, why don’t phone companies like Apple use the technology they have to prevent these tragic accidents that are known to be happening each and every day in this country?

Apple, AT&T, Verizon and other communication firms have come out with warnings, cautioning people against using their phones while driving. They also concede the laws intended to stop this practice are not working. What legal experts say this shows is an acknowledgement that their products pose foreseeable danger and are routinely being used for illegal and and sometimes fatal activity.

As a spokeswoman for the National Safety Council has said, while the technology is easily available, it’s not used because phone companies, “Don’t have the stomach” to do so. They fear losing their customer base. Meanwhile, families are continuing to lose their loved ones.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Phone Makers Could Cut Off Drivers. So Why Don’t They? Sept. 24, 2016, By Matt Richtel, The New York Times

More Blog Entries:

Court: Companies Can’t Dictate Own Rules for Worker Injuries, Sept. 26, 2016, Miami Car Accident Lawyer Blog

Danny Juliano, 50, still had check-signing authority for the Woodbrooke Estates Home Owners Association, where he was a past president. The 629-unit townhouse and condo development is located in Rossville, Staten Island.

Authorities claim that over a period of more than three years, Juliano made cash withdrawals of $366,380, telling the association board that he was taking advantage of cheap prices for pool supplies in New Jersey.

Prosecutors said that Juliano was indicted on charges of grand larceny and tax fraud, because he did not report the funds he received as income. His attorney said that he was released on his own recognizance and would be required to surrender his passport within 72 hours. The homeowners association declined to comment to the New York Daily News.

According to NYPD payroll records, Juliano worked as an evidence and property control specialist.

Embezzlement and related charges are serious crimes that require a sophisticated defense. People accused of such crimes are innocent until proven guilty, and an experienced criminal defense attorney can help protect their rights.

http://www.nydailynews.com/new-york/350g-nyc-embezzlement-nypd-property-control-specialist-article-1.2642077

Williams Wells, 42, pleaded guilty in federal court in Manhattan to one count of wire fraud and one count of securities fraud, according to the office of U.S. Attorney Preet Bharara. Each of the counts carries a maximum fine of $5 million and a maximum sentence of 20 years in federal prison.

Authorities said that Wells engaged in the scheme from September 2009 until his arrest on October 1, using his firm, Promitor Capital LLC, to obtain investment funds by making false claims that he had consistently achieved positive returns in U.S. equity markets. In reality, according to Bharara, Wells lost money every year, amounting to more than $500,000 in losses over six years. By September 2015, Promitor was managing less than $1,000, according to authorities.

Wells obtained over $1.5 million in investment funds from family members, colleagues and friends, using new investor funds to pay back other investors in a Ponzi-like scheme, according to Bharara.

The charges against Wells were connected to a broad coalition of agencies called the President’s Financial Fraud Enforcement Task Force. Wells’ sentencing will be scheduled for a future date.

Securities fraud and wire fraud are complex and serious charges, and anyone accused of such a crime should seek representation from an experienced criminal defense attorney. The Brill Legal Group has extensive experience representing defendants accused of securities fraud and all types of white collar criminal charges.

Williams Wells, 42, pleaded guilty in federal court in Manhattan to one count of wire fraud and one count of securities fraud, according to the office of U.S. Attorney Preet Bharara. Each of the counts carries a maximum fine of $5 million and a maximum sentence of 20 years in federal prison.

Authorities said that Wells engaged in the scheme from September 2009 until his arrest on October 1, using his firm, Promitor Capital LLC, to obtain investment funds by making false claims that he had consistently achieved positive returns in U.S. equity markets. In reality, according to Bharara, Wells lost money every year, amounting to more than $500,000 in losses over six years. By September 2015, Promitor was managing less than $1,000, according to authorities.

Wells obtained over $1.5 million in investment funds from family members, colleagues and friends, using new investor funds to pay back other investors in a Ponzi-like scheme, according to Bharara.

The charges against Wells were connected to a broad coalition of agencies called the President’s Financial Fraud Enforcement Task Force. Wells’ sentencing will be scheduled for a future date.

Securities fraud and wire fraud are complex and serious charges, and anyone accused of such a crime should seek representation from an experienced criminal defense attorney. The Brill Legal Group has extensive experience representing defendants accused of securities fraud and all types of white collar criminal charges.

Budden, 35, appeared in Manhattan Criminal Court March 3 and pleaded guilty to disorderly conduct, which is a violation, not a crime. Budden was ordered to lead a law-abiding life. The criminal charges of grand larceny and domestic violence were dismissed.

The case had been pending since Budden’s arrest in August 2014, when he was accused of pushing and choking his ex-girlfriend and stealing her cellphone. The deal that was reached resulted in Budden never being indicted on the original charges of grand larceny, robbery and criminal obstruction of breathing.

Budden’s attorney said that the violation Budden pleaded guilty to is akin to making an unreasonable noise in public or blocking traffic. Both Budden and his attorney said they were very pleased with the outcome.

Charges of domestic violence and grand larceny are very serious, and anyone accused of such a crime should immediately seek the assistance of a qualified and experienced criminal defense attorney. It is very important not to make any statements to police officers before consulting with one’s attorney. The Brill Legal Group has extensive experience defending people accused of grand larceny, domestic violence and other serious criminal charges.

Budden, 35, appeared in Manhattan Criminal Court March 3 and pleaded guilty to disorderly conduct, which is a violation, not a crime. Budden was ordered to lead a law-abiding life. The criminal charges of grand larceny and domestic violence were dismissed.

The case had been pending since Budden’s arrest in August 2014, when he was accused of pushing and choking his ex-girlfriend and stealing her cellphone. The deal that was reached resulted in Budden never being indicted on the original charges of grand larceny, robbery and criminal obstruction of breathing.

Budden’s attorney said that the violation Budden pleaded guilty to is akin to making an unreasonable noise in public or blocking traffic. Both Budden and his attorney said they were very pleased with the outcome.

Charges of domestic violence and grand larceny are very serious, and anyone accused of such a crime should immediately seek the assistance of a qualified and experienced criminal defense attorney. It is very important not to make any statements to police officers before consulting with one’s attorney. The Brill Legal Group has extensive experience defending people accused of grand larceny, domestic violence and other serious criminal charges.

According to the New York State Department of Taxation, nine “clients” and two tax preparers were arrested on charges of claiming exaggerated refunds and filing false tax returns.

Officials say that the two tax preparers allegedly attempted to defraud New York State by preparing false state tax returns for relatives and friends for the 2008-2011 tax years. According to officials, the two were employed as tax preparers and filed fraudulent returns claiming incorrect amounts of income and refundable credits that the filers were not owed.

Heather Sweet, 35, was charged with one felony grand larceny count and eight felony counts of offering a false instrument for filing. Rebecca Tyner, 56, was charged with one felony grand larceny count and five felony false instrument counts.

Both defendants pleaded not guilty at their arraignments. Officials said that if the two tax preparers were convicted, they could each be sentenced to up to seven years in prison. The officials also said that Tyner faces over $10,000 in fines and Sweet faces more than $20,000 in fines. Of the nine “clients” arrested, each is facing one or more felony false instrument charges. According to officials, the nine taxpayers each believed that by having their returns filed by Sweet or Tyner, they would be paid refunds they were not owed. Each of the taxpayers could face up to four years in prison if convicted.

Fraud charges are very serious and complex charges, and it is important for anyone charged with such a crime to obtain representation from a criminal defense attorney. The Brill Legal Group has extensive experience defending people accused of fraud charges.

According to the New York State Department of Taxation, nine “clients” and two tax preparers were arrested on charges of claiming exaggerated refunds and filing false tax returns.

Officials say that the two tax preparers allegedly attempted to defraud New York State by preparing false state tax returns for relatives and friends for the 2008-2011 tax years. According to officials, the two were employed as tax preparers and filed fraudulent returns claiming incorrect amounts of income and refundable credits that the filers were not owed.

Heather Sweet, 35, was charged with one felony grand larceny count and eight felony counts of offering a false instrument for filing. Rebecca Tyner, 56, was charged with one felony grand larceny count and five felony false instrument counts.

Both defendants pleaded not guilty at their arraignments. Officials said that if the two tax preparers were convicted, they could each be sentenced to up to seven years in prison. The officials also said that Tyner faces over $10,000 in fines and Sweet faces more than $20,000 in fines. Of the nine “clients” arrested, each is facing one or more felony false instrument charges. According to officials, the nine taxpayers each believed that by having their returns filed by Sweet or Tyner, they would be paid refunds they were not owed. Each of the taxpayers could face up to four years in prison if convicted.

Fraud charges are very serious and complex charges, and it is important for anyone charged with such a crime to obtain representation from a criminal defense attorney. The Brill Legal Group has extensive experience defending people accused of fraud charges.

The nature and severity of the penalty depends upon the amount of alcohol that the defendant has consumed. In general, a blood alcohol content (“BAC”) level above 0.08% is deemed to be legal intoxication (“DWI”). A BAC between 0.05% to 0.07% constitutes driving while a person’s ability to drive is impaired (“DWAI”). A person can also be convicted of DWAI if he or she has used a combination of drugs and alcohol or a combination of the two.

A first DWIA violation is punishable by a fine from $300 – $500, a maximum jail term of 15 days, and a 90-day suspension. Penalties for DWI convictions become more severe for subsequent convictions. For example, a third DWAI conviction in 10 years can entail a fine ranging from $2,000 to $10,000, a 4 year jail sentence, and a minimum one year revocation. A BAC of 0.18% is deemed to be aggravated DWI (“DWI AGG”), and the penalty for a first violation is a fine of $1,000 to $2,500, a maximum jail term of 1 year, and a minimum revocation for one year. A third AGG-DWI conviction in ten years requires a minimum fine from $2,000 to $10,000, a minimum jail term of seven years, and license revocation for at least 18 months.

This blog does not have enough space to discuss the many subtleties in the scheme of punishment for DWI and DWAI violations. Anyone facing allegations of having committed such a crime may find a conference with an experienced criminal defense attorneys. Such a lawyer can provide a helpful evaluation of the facts and the governing laws and an estimate of the probability of obtaining a favorable plea bargain or an outright acquittal.

Source: New York Department of Motor Vehicles, “Penalties for alcohol or drug-related violations,” accessed on Dec. 4, 2015

The chalky white powder looks deceivingly innocent. It is a bitter-tasting powder with no ordor that dissolves easily in alcohol or water before swallowing, injecting, smoking or snorting it. Once the drug enters the blood stream it begins to kick up the dopamine levels already existing in the body, producing a sudden chemical high, often referred to as a rush. While it takes very little to achieve the rush at first, an individual develops a tolerance for the drug and subsequently requires higher doses to get high.

Making meth, selling it, possessing it, possesing it for the intention of distributing it or even having the wherewithall to make it often results in many years in jail, various legal penalities and often thousands of dollars in fines.

Meth sold on the streets or the black market is typically concocted in a meth lab, which may range in size from a small apartment to a huge warehouse. Or it may be made by an addict using the “shake and bake” method. Meth may be found in the poorest slums to the richest of neighborhoods. There are no boundaries when it comes to making money illegally. Even though forms of methamphetamine are prescribed by physicians for various conditions that may include obesity and Attention Deficit Disorder (ADD), it is not the acknowledged source of meth available on the streets.

For the calendar year 2014, law enforcement dealt with 9,306 meth incidents, including seizures of labs, “dumpsites” or “chemical and glassware.” Missouri alone boasted 1,825 busts and seizures in 2012. To get an idea of just how prevalent meth incidents are in the U.S., visit the DEA Meth Lab Map by clicking here.

Making meth is virtually child’s play and only requires about a $100 investment in various precursor chemicals that may be found quite easily at the drug or grocery store. One small batch of meth can net its maker thousands of dollars. A quarter of a gram may sell for $20. An eight ball at 3 ½ grams could sell for $200. Prices vary depending on where one lives, who one knows and how much is bought.

Using meth is a health concern in many ways, with issues ranging from violent behavior to sexually transmitted diseases. Of additional concern is the legal ramifications of making meth and being charged or having information about a situation where someone is making meth. In all cases dealing with an arrest and charge involving meth, or other illegal drugs, reach out and contact an experienced criminal defense attorney. It is the only way to navigate through the criminal system with some degree of protection.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The post Meth Makes Millions appeared first on Thomas C. Grajek – Attorney At Law.

To be found not guilty as pled according to the defense of renunciation means a defendant is not considered to be guilty of an offense or is not likely to be labelled as an accomplice provided the defendant informs law enforcement in enough time to allow them to prevent a possible crime in progress. Additionally, the defendant is found to have ended his or her participation before the actual commission of the crime and the defendant’s actions, up to the point when he or she ended involvement, did not contribute to the commission of the crime.

Abandonment or withdrawal laws do vary from state to state and it is vital you connect with an experienced criminal defense attorney in order to navigate your way through the criminal justice system. A skilled attorney is able to mitigate your charges, reduce them or even get them dropped, depending on the circumstances of the case. The one common denominator in all states, however, is that the person charged must be able to show they abandoned their criminal intent and genuinely attempted to stop others from committing a crime.

Typically when the defense of renunciation is brought forward, the prosecutor attempts to prove the abandonment was not voluntary and only occurred because something came up that made the plan to carry out a crime difficult.

Renunciation as a defense against a criminal charge is also known as abandonment and withdrawal. If the defense is successfully pled, it may prove that a defendant is innocent. The main key to pleading this defense is that the abandonment or renunciation must be wholly voluntary. In other words, the criminal must not renounce intentions to carry out the crime as the result of considering that he or she may get caught or because the crime could not easily be carried out.

A defense mounted in a situation where a charged individual voluntarily renounced their goal to carry out a crime or attempted to prevent a crime from happening is referred to as an affirmative defense. The renunciation of one individual does not affect a group of individuals where the others did not also abandon their criminal intentions. It is important to note that abandonment is not a defense to an attempt charge. An attempted crime is one where an individual was interrupted before completing the specific crime.

Refer to Florida Section 777.04(5)(a) Florida Statutes (2004) for further information on the Abandonment Defense.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

If you are going to throw a party for whatever reason, make sure you are aware of the laws in your state relating to serving alcohol to guests.

Some states have laws on the books that confer criminal or civil liability if a host serves alcoholic beverages to underage guests or to guests that are clearly drunk. Some states do not. The rationale behind the existence of laws of this nature is to put a lid on underage drinking at parties and to mandate that hosts not allow drunken guests to drive. Some states impose liability on a host or hostess for injuries or damages caused after guests leave a gathering.

Your gathering or party may be held anywhere, from your own home to a rented property under your control. Be aware that the state you live in may hold you liable for any party held on your property, even if you are not there and have not provided alcohol to underage partygoers.

When hosting a private party and the alcohol is free for those in attendance, you are referred to as a social host. Laws that apply to social hosts do not apply to bars or other commercial locations that sell alcohol to customers.

Aside from facing criminal charges for drinking and driving, drunk drivers may also face civil lawsuits for their role in a serious or deadly accident. The host or hostess of the function the driver was attending may also be a named defendant in a civil lawsuit for continuing to provide a drunken partygoer with booze.

Were minors present at the social function you hosted? Were they served alcoholic beverages? If so, that minor or his or her parents may sue you for serving alcohol in violation of existing state laws, whether an accident or injury happened or not. All states prohibit serving liquor to minors. Negligence plays a part in lawsuits of this type, as the social host has a duty of care not to serve minors and not to continue to serve drunken attendees.

States with liability laws applicable only to minors: Alabama, Arizona, Florida, Illinois, Kansas, Michigan, New Hampshire, Utah and Wyoming.

Depending on the state you live in, there may only be criminal penalties for commercially licensed locations, bars and stores that sell alcohol to minors. Other states sanction social hosts who violate the laws relating to serving drinks to minors — referred to as aiding and abetting in the delinquency of a minor. A social host must realize a that guest is intoxicated and should not be provided with any more alcohol. Many hosts do not also realize this same law also applies to other intoxicating substances.

Each state has its own range of fines and penalties. If you have been fined or have been named in a lawsuit, seek experienced criminal defense counsel to find out the parameters of your particular situation and what options may be open to you.

States that have social host liability laws that apply across the board to all guests are:

• Alaska
• Arkansas
• Connecticut
• Hawaii
• Maine
• Maryland
• Massachusetts
• Missouri
• New Jersey
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• Tennessee
• Washington
• Wisconsin

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The law says that possession of marijuana is a crime, but being in the same room as the drug is not. While the distinction may seem to be vague, it may make a difference to an accused if they are able to prove they were merely in the presence of marijuana, but the drug was not theirs.

It is easier yet if the person who did own the stash admits to owning it, which should mean the second person (who did not own the drug but perhaps smoked it) should not be charged with anything. Of course, each case has its unique circumstances and what goes for one case may not fly with the police or courts for another, even if it may be similar in nature.

Anyone caught in the same situation with another person where marijuana is present does, however, run the risk of being charged with conspiracy to possess with the intention to distribute the drug later or conspiracy to commit a prohibited act. That may seem like a stretch if one person admits the drug belongs to them and not the second person present, but from a law enforcement point-of-view, anything can be, and has often been, possible.

A crime does not have to be committed for an individual to charged with conspiracy to possess, or any charge relating to conspiracy, including conspiracy to commit a prohibited act. The prosecution only needs to show that there was intent to commit a crime for the charges to stick, per U.S. Code 18:371.

Conspiracy charges are not like other drug charges because a conspiracy involves agreeing with someone else or a group of people to break the law. Because of the nature of the charge, a prosecutor must then prove several things to secure a conviction, which may include, but are not limited to:

1. There was an agreement between two (or more) individuals to violate a federal drug law
   
2. Each party involved in an alleged conspiracy knew about the agreement and opted to take part in violating a federal drug law.

(For a general overview of penalties for marijuana possession, visit Federal laws and penalties)

The most common drug charge filed is being in possession of any controlled substance. Being in possession means the individual charged is: in actual control, custody, care or management of said substance. This implies the person has actual physical possession of the drug, as opposed to constructive possession, which refers to any drug found in a location where an individual had access to or control over. In that particular scenario, a person, even though charged with possession, may be able to challenge that charge by demonstrating they did not have care, control or custody of the substance in question.

Anyone facing a conspiracy charge relating to drugs needs to seek competent criminal defense counsel and find out what his or her options are.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

There are two delineating criteria factored into considering if a criminal complaint is to be used in a case. One factor looks at whether state or federal laws were broken, which usually determines what court a trial may be held in. Another depends on the nature of the crime and whether it constitutes a serious felony or a less serious misdemeanor. Since different jurisdictions with differing rules and regulations may be involved, it is vitally important to speak with a knowledgeable criminal defense attorney to determine how to proceed, should you be charged criminally.

An accusatory instrument/criminal complaint (initially laid by the police) eventually wends its way to a prosecutor. This instrument, or charge, is the beginning of a criminal prosecution or trial. The charge, or papers that constitute the charge, are filed in court and contain the details of the crime and the individuals that allegedly committed the crime. However, this does not happen in every criminal case or in every court.

A criminal complaint may be filed either before or after an accused is arrested. A complaint filed in advance of someone being arrested states that a crime was committed (usually referred to as a warrant that shows probable cause), what that crime was, what law was broken, etc., and that the named individual in the complaint is the one who did the deed. If a judge agrees with the complaint as filed, one of two things happen: the named individual is sent a summons with information on when and where to appear in court, or they are arrested.

Criminal complaints, federally or at the state level, do have several things in common. An example is a detailed, written list of what criminal charges may be filed. Appended to the list are specific facts and details pertaining to the case — facts that outline the crime an individual may be facing. Case facts tend to dictate which law or state or federal statute the alleged perpetrator is accused of breaking. Before filing a criminal complaint, the prosecutor must swear an oath that the complaint, as set out, is accurate and truthful.

If you are charged with a misdemeanor the U.S. prosecutor may or may not file a complaint. Federal misdemeanors are those with jail terms of a year or less, a fine or both. These cases typically go straight to trial and do not require a grand jury indictment.

Not all people who commit crimes have a criminal complaint filed against them. That is optional on the part of the U.S. prosecutor dealing with the case. It depends on whether a state or federal law was violated, how serious the crime is and whether it is a federal felony or a misdemeanor. Federal felonies (usually punishable by a prison sentence of more than a year or death) are far more serious than misdemeanors, but in order for the federal prosecutor to take an accused to trial for a felony, a grand jury indictment is required under the auspices of the Fifth Amendment.

State rules are entirely different from federal rules and for this reason anyone trying to navigate the criminal justice system on their own is likely to find themselves in need of help. If you are facing criminal charges at the state or federal level, reach out and connect with an experienced criminal defense attorney. The rest of your life depends on it.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Unfortunately, I get many calls months AFTER the individual pled out and now it’s too late to help them.  Today, someone called asking me how much I charge to expunge a record.  However, that person went to court with a Public Defender who did not handle the case correctly and the person was Adjudicated Guilty.  The Public Defender did not negotiate or argue for a Withhold of Adjudication.  Because of this very important part of the criminal sentencing, this person is NOT ELIGIBLE TO SEAL OR EXPUNGE ANY CRIMINAL RECORD!  Even though this defendant had never been in trouble before, he was convicted.  This is just one reason why you need an experienced criminal defense attorney to represent you.  This person is now having trouble finding a job because this arrest keeps coming up in background checks.  Public Defenders work hard, but they are often new, inexperienced attorneys that are learning on the job which means they are learning on your case!  Their mistakes can cause you a lifetime of problems.

What are some of the important things you need to know BEFORE you go to court?  Call now to discuss your case with me BEFORE you go to court!

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE CRIMINAL DEFENSE LAWYER.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

 THOMAS C. GRAJEK  

 POLK                                                 TAMPA                                             PASCO

206 Easton Dr. Suite 102                   1910 Orient Rd.                                  24140 State Road 54

Lakeland FL 33803                            Tampa, FL 33610                                Lutz FL 33559

(863) 838-5549                                  (813) 789-6404                                   (727) 457-8660

The officer asked the driver for his documentation — driver’s license, insurance, registration — and then asked the driver to come back to the cruiser with him. The driver declined. The officer questioned the passenger, called for backup, finished issuing tickets and asked the driver if he would submit to a dog sniff.

The driver and other car occupants objected. The dog later found methamphetamine. The Supreme Court indicated that keeping the vehicle beyond the time needed to wrap up the traffic matter constituted an unlawful seizure.

In Rodriguez v. United States, (No. 13-9972), the U.S. Supreme Court Justices handed down a ruling stating that once a “routine” traffic stop is completed, law enforcement cannot, unless there is “reasonable” suspicion, hold a driver and/or passenger to have a dog sniff their persons or property for illegal drugs. The main reasoning behind the Justices’ decision was that authority for a seizure or stop ends when all tasks related to a traffic violation are, or should have been, completed.

The court said: “A seizure for a traffic violation justifies a police investigation of that violation” — no more — and “authority for the seizure…ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.” Detaining a vehicle to bring in a drug-sniffing dog to search for drugs is definitely not allowed under this ruling.

The Rodriguez v. United States, (No. 13-9972) decision is a bit at odds with Illinois v. Caballes. The latter has been understood to allow a dog to sniff, if that sniff takes place during the traffic stop window of time. Under the Rodriguez decision, a sniff would be forbidden if it unnecessarily prolongs the traffic time.

In either instance, as in many others, it is the circumstances of the situation that dictate the possible outcomes. Until further lawsuits are filed, dog sniff and traffic stop law remains hazy. Something that was not dealt with in this case was whether or not there was reasonable suspicion of a further crime, which would have permitted law enforcement to detain the driver. Another issue in this cases that may warrent further examination is defining a dog sniff as a “search.”

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

This is why you should be very careful before you talk to the police or ANYONE ELSE if you think you are being investigated of ANY CRIMINAL OFFENSE without first speaking to a criminal defense attorney.  Just this week I had a client come in because he thought he was being investigated for a felony.  The police DO NOT have to give you or show you what evidence they may (or may not) have against you.  THE POLICE CAN LIE TO YOU!  The police can say they have evidence against you that does not exist in the hopes that you make an admission like Hernandez did, which can mean the difference between a guilty or not guilty verdict.  You may end up supplying the police with evidence they never would have had if you did not speak to them.  ALWAYS TALK TO AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY FIRST!  A criminal lawyer can help you determine whether it will help you or hurt you if you talk to the police before you are arrested.

If you are being investigated for a serious felony or a simple misdemeanor, call for a FREE CONSULTATION IMMEDIATELY!

CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY NOW!

THOMAS C. GRAJEK 863-688-4606

NCDD

In Williams case, he allegedly made an illegal turn out of a McDonald’s parking lot.  He then allegedly stopped at a green light.  After going through the light, the police allege he swerved over the lines on both sides of his vehicle almost hitting the curb.  He was then was pulled over by the Florida State University Police Department and the standard red, watery, and blood-shot eyes were supposedly observed by the officer.  The driver then allegedly swayed while standing and had to lean on the car for support which again, are standard allegations in all DUI cases.  If there is a video, this will determine whether the allegations are true.  The reports do not indicate whether he submitted to field sobriety exercises or a breath test.  You DO NOT  have to submit to the field sobriety tests under Florida law as many people believe is compulsory

This arrest will probably hurt his draft stock as he had previously been involved in a car accident and fled the scene.  Police and prosecutors usually assume that alcohol was involved and that is why someone would flee the scene.  However, this is very common as people are scared and panic because the do not know what to do.  In that previous case, he returned to the scene, but was not investigated for alcohol.  However, being arrested weeks before the draft and the biggest payday of your life will cause NFL teams to consider how risky it will be to select him in the draft.

An experienced DUI attorney is essential to your DUI case.  Your job and ability to support your family could be on the line.  You need to hire an attorney that tries this case before a jury and is not afraid to fight for you.  A lawyer that attends DUI seminars on a regular basis and keeps up with the latest changes in the law and trial strategies.  That is why I am a member of the National College for DUI Defense (NCDD) and The DUI Defense Lawyers Association (DUIDLA) to ensure my clients get the best representation in their time of need.

If you have been arrested for DUI or any crime, do not hesitate to call a lawyer!

PROTECT YOUR RIGHTS!!!  CALL NOW !!! 863-838-5549 (cell)

I handle all Florida and Polk County Driving under the Influence cases.  Call now for your free consultation.

NCDD

Profiling does not take place in a vacuum and investigators rely on any evidence found at a crime scene to draw conclusions. Other important aspects police consider are the crime location, the circumstances of the crime, whether it is similar in nature to another crime (using the same modus operandi), if there is any physical evidence left behind, or weapons used that may have been used in other crimes. Police use blood spatter analysis, fingerprinting and casting on scene as well to get a picture of the individual who may have committed the crime.

Criminal profiling also goes by another name, offender profiling. It is defined as the method or process used to attempt to get a handle on the characteristics and mindset of an unknown offender or unsub (unknown subject/suspect).

Solving crimes takes more than 40 minutes with commercials thrown in and major luck getting big breaks. It is a long process involving a number of tools, and one of them happens to be criminal profiling. Police use it most often to assist in solving particularly egregious crimes, such as murder, kidnapping and sexual assault. When it comes to attempting to put together a profile, all aspects of the crime come into play, from the smallest, seemingly inconsequential detail, to the possible discovery of a weapon with fingerprints.

Part of the benefit of criminal profiling is that the results may indicate a pattern that helps narrow down many facets of the case. Profiling can elucidate details about the unsub, such as whom the individual might be and what risks he or she took to commit the crime, the latter indicating intelligence and planning versus a crime of passion.

In addition, elements of setting can come to light, like where the suspect usually carries out the crimes, and what the motive for the crime appears to be. The preliminary answers to these, and other questions, usually provide investigators with a good sense of whom they may be hunting.

Forensic evidence is not the only element that makes up a criminal profile. It involves, but is not limited to, victim characteristics, crime scene evidence and even detective/profiler intuition. Information gleaned from a criminal profile can include intelligence, sex, approximate age, race, religious beliefs and psychological traits. Though this methodology is useful, it has its flaws, because it produces educated guesses rather than exact answers. It also opens the door to stereotyping, which could lead to false profiles. Some view criminal profiling as a pseudoscientific technique.

This tool has many advantages, including the ability to detect criminal behavior patterns, which saves time hunting for the perpetrator, and predicts where the criminal could be active in the future. Profiling cannot take place without a very detailed analysis of the crime scene done by forensic investigators.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

At one time, once a sexually dangerous inmate served a full sentence, he or she was released. The U.S. Supreme Court has now indicated this may no longer be the case when it comes to sexually dangerous convicts.

How is a convict classified as being sexually dangerous? There are two conditions that an inmate must meet prior to receiving this classification. In the first, a court must see clear evidence and convincing proof that the convict would not be able to stop molesting children or cease sexually violent conduct, should release occur. The second condition is that neither the state in which the convict is incarcerated nor the state where a trial was held, should they be differing locations, wish to accept custody of the offender.

Former President George W. Bush first granted the legal authority to hold convicted sexually dangerous offenders indefinitely in 2006 under the Adam Walsh Child Protection and Safety Act (2006). When the act first came into being, four inmates, who had served their sentences, filed a legal challenge stating they had the right to release from prison after their sentences were served. Prison officials did not let them out because they were viewed as being at high risk to re-offend.
The first court of appeal initially found in favor of the inmates and decided that Congress had gone too far in mandating that sexually dangerous prisoners remain in jail once sentences were completed. On appeal to the U.S. Supreme Court, in a 7-to-2 decision, the court reversed the initial ruling in United States v. Comstock.

Was the government overstepping its constitutional boundaries or does government have the power to hold this class of offenders indefinitely? The ratio decidendi indicated the government does indeed have the right to indefinitely detain this class of offenders.

This is an important case to note, as it addresses a legal concept referred to as federalism – a safeguard against the government overstepping its authority. In theory, the federal government may only act if it has been given the power to do so by the Constitution, and the Constitution does not expressly state that Congress has the power to indefinitely hold such prisoners. In other words, the Supreme Court decision expanded the government’s power to encompass such indefinite detainment, which may pose some decidedly delicate legal questions in the future.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Polk County deputies allege the teen anonymously placed hoax calls to law enforcement officials in an effort to lure SWAT teams to respond to Ft. Meade high school over the past four-months.  Deputies say the investigation began in September, when an unidentified male called the sheriff’s office and Fort Meade High School and said he was going to “drive to Fort Meade High School in a black Jeep Cherokee and shoot everyone with an AK-47,” prompting a SWAT team to place the school on lockdown.

So how did the police find him if the calls were being placed “anonymously”?  Detectives say they identified the suspect because the Canadian teen was communicating online with a student from Fort Meade allegedly telling the student “I am going to Swat your school,” just prior to the “anonymous” phone call.  In October, deputies allege the suspect again told the witness he was going to “swat” her school, then sent an email to the school, saying he was going to “blow everyone up,” prompting another lockdown.  In November, deputies say the suspect called the sheriff’s office and told the dispatcher he had just killed that witness’ parents inside his parents’ Winter Haven home, and would shoot any responding law enforcement officers. The witness told deputies it was a hoax.

Polk deputies allege that the Canadian suspect is an experienced computer programmer who is allegedly on probation for similar crimes in Canada. Police say the suspect allegedly confessed to the Polk “swatting” crimes and is suspected in similar crimes throughout the U.S.

The teen is being held on charges of extortion and disorderly conduct.  Most people think of extortion as when a suspect extorts money from a celebrity by threatening to release unflattering pictures of the celebrity if they do not pay the suspect money.  However, the purpose of the Florida Extortion statute 836.05 “Threats; extortion” is to “condemn malicious making of threats to others, verbally or by written communication, with intent to extort money or other pecuniary advantage, or to compel persons so threatened or any other person to do any act or refrain from doing any act against his will.  In this case, that would be forcing the SWAT team to respond to the school or the school being placed on lockdown.  This can be a very dangerous situation and why the crime is a very serious felony carrying a maximum penalty of 15 years in prison (2nd degree felony).

Under Florida Statute 985.557 “Direct filing of an information; discretionary and mandatory criteria”, this juvenile could be prosecuted in adult court instead of the juvenile division.  This is a Level 6 offense that carries 36 points on the felony scoresheet.  44 points or more scores prison.

If you have been arrested for a crime, call an experienced criminal defense lawyer that will fight for you in court!

Thomas C. Grajek – 863-838-5549 

NCDD

There are some harsh penalties associated with a prostitution arrest.  These include the public shaming that comes form having the sheriff and newspaper put your name on their website as someone arrested.  For the “john”, there is a $5,000.00 “civil penalty” required by the statute.  Other penalties include forfeiting any property seized, community service hours, and paying the cost of the investigation.  The $5,000.00 civil penalty is currently on appeal to the District Court of Appeal in another jurisdiction.

There are also many defenses to these case and I just got a prostitution case dismissed last week by filing a motion to suppress arguing my client was illegally arrested.  If you have been arrested as part of this sting call an experienced criminal defense attorney that knows how to defend these crimes, conducted jury trials, was featured in Newsweek about prostitution arrests, and has argued against the $5,000.00 civil penalty.

Thomas C. Grajek – 863-688-4606

Florida Rule of Criminal Procedure 3.220 (d) requires the defendant to also provide:

• A written list of the names and addresses of all witnesses whom the defendant expects to call as witnesses at the trial or hearing,
• Any witness statement (other than the person arrested),
• Reports or statements of defense experts (including results of physical or mental examinations and of scientific tests, experiments, or comparisons),
• any tangible papers or objects that the defendant intends to use in the hearing or trial.

The prosecutor is also allowed to inspect, copy, test, and photograph the above information and material that is in the defendant‘s possession or control.

That is why it is very important that you start collecting evidence in your case IMMEDIATELY.  This may include text messages, voice mails, pictures of the alleged scene, witness names and phone numbers, letters, or anything else that may help in the defense of your case.  If you wait until the day of trial, the judge could rule that you committed a DISCOVERY VIOLATION for not timely revealing the information and the court may EXCLUDE it from evidence!  That means the evidence would be inadmissible and the jury would never hear your evidence!

If you have been arrested, collect this evidence right away and get it to your defense attorney!  Otherwise the evidence may be destroyed (such as a gas station video, evidence may have to be subpoenaed to obtain it, and it could be excluded if not timely disclosed to the prosecutor.

If you have been arrested, retain an experienced criminal defense attorney that knows Florida’s Rules of Criminal Procedure!

I handle ALL CRIMINAL CHARGES!

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

CALL POLK COUNTY CRIMINAL DEFENSE LAWYER THOMAS C. GRAJEK NOW !!!

863-838-5549 cell

NCDD

Many Americans associate death by drug overdose with cocaine, heroine and other street drugs, but medical drugs can be just as lethal. Opioids, once only used for cancer patients, are now used in mainstream medicine for chronic pain control.

Opiods are effective and highly addictive. As such, they are in high demand on the black market. Statistically speaking. these drugs account for up to 15,000 deaths per year and at least 500,000 trips to the ER annually.

The face of drug addiction is changing. The users’ population now includes injured veterans, those in middle age, seniors and young adults. The most commonly abused drugs are oxymorphone, oxycodone and hydrocodone.

At one time, car accidents were the leading cause of injury death in the United States. As of 2012, death by drug overdose has replaced it.

Every state has its own laws relating to prescription drug abuse. The penalties vary. In some locations, doctors are held criminally liable for their actions, and their licenses are revoked if their painkillers are found for sale on the street.

In some states, pain clinic owners must be medical professionals. Some states mandate that drugstores restrict dispensing and reduce supplies; others implement patient registries of those who use controlled substance prescriptions.

The cycle of prescription drug addiction and overdose can begin subtly. A patient gets painkillers for an injury and uses them as necessary. Perhaps he or she continues taking them when they are no longer needed, noticing their still-positive impact. Sometimes, leftover or unused drugs sit in a cabinet at home, and someone begins to help themselves in pursuit of a high.

When the approved medical supply route dries up, addicts turn to sourcing pain pills on the street. Floridians can also visit a pill mill, staffed by medical doctors who write prescriptions without spending much time examining the patient. Drug dealers may frequent these same clinics, sourcing a supply for their street business – a lucrative one, as pain pills often sell for up to 10 times their usual price at a drugstore.

In Florida, pill mills are an epidemic. Local and state governments have cracked down relentlessly, with some effect. While there has been a marked decline in drug abuse, it remains a significant problem. Nationwide, at least 1.7 percent of the population abuses painkillers without having a clear medical reason to do so.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Penalties are more severe if the crime is classified as a felony. Those convicted of a sex crime could face decades in prison. In extreme cases, perpetrators may be chemically castrated. Being charged with a sex crime is a grave matter, one that requires the services of a criminal defense attorney.
Sex crimes come in many forms, and many involve force or the threat of force. But some offenses are illegal, period — particularly those relating to children — even if no force was used during the commission of the offense.

Typically, force is not required to make the act a crime if the victim is not legally capable of giving consent.

Possession of child pornography, even without direct sexual contact with the victim recorded in it, is illegal. A disability may prevent a victim from consenting to a sex act. Other sex acts, even if only consenting adults participate in them, are also illegal as they stand. Prostitution, for example, is illegal in every state except Nevada.

Sexting to and among minors is one such crime. More and more teens are sending graphic sexual photos to each other by cellphone before they are of age to consent, and in worse cases, legal adults are involved. The justice system is unsure how to cope with tech-enabled pornography that can proliferate with lightening speed. There is no one category that fits sexting. Currently, the vast majority of those charged are charged with felonies under the umbrella of child pornography laws.

While existing pornography laws offer a place to start dealing with the realities of underage and nonconsensual sexting, their original intent was to control sexual predators, not immature young teens and their developing urges.

Many states are revisiting their laws to create lighter penalties for actions like sexting. Others consider that if a teen commits a crime, he or she should pay the price, regardless of age or level of indiscretion.

As technology develops in unexpected ways, sexual predators will seek ways to bend it to their needs. Each illegal action should have a fitting consequence that suits it as it changes.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

In some situations resulting in a death, the death was an accident or a caused by a careless individual. However, even in circumstances where a deliberate act caused a death, the charge of involuntary manslaughter may still apply.

Involuntary manslaughter may be the end result of a failure to carry out a legal duty specifically required to protect a human life or from the commission of an illegal act that is not a felony. The charge may also be laid as a result of the commission of a lawful act improperly or negligently carried out. In either case, a prosecuting attorney must corroborate two elements to prove the crime of involuntary manslaughter –- that a human was killed and the killing was unlawful.

An illegal killing is defined by the commission of an act, normally lawful, involving great risk of death or bodily harm, done without due care, circumspection and caution. The killing must also be perpetrated during an unlawful act (not a felony), dangerous to human life given the situation surrounding its commission.

A deliberate act causing death was the focal point of a Midwest case that resulted in a 23-year-old’s manslaughter conviction The defendant was at a party and struck another individual in the head with a beer bottle. The victim later died as a result of the blunt force trauma, which caused a blood clot in his brain. When the case was first tried, it ended with a hung jury. Jury members could not agree whether the defendant acted recklessly — or merely with reasonable force to allegedly assist a friend he perceived to be in a dangerous situation.

The case was retried, and the defendant was convicted on the basis of DNA evidence that showed that the beer bottle used to assault the victim was not the same bottle from which the defendant was drinking, which proved that he acted in a deliberate and reckless manner. He acquired a second bottle as a weapon as part of a distinct decision.

This particular area of law is complex, and depending on the circumstances of the case at hand, it may result in some unexpected outcomes. If you have been charged with involuntary manslaughter, do not wait to contact an experienced criminal defense lawyer.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a DUI attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy up to one ounce of the drug at authorized storefronts. These existing laws are close cousins to laws regulating the use of alcohol and nicotine: smokers may not smoke in public, employees may not work under the influence and states may have blood test limits relating to driving under the influence.

Since the advent of medical marijuana use, many states have limited forms of punishment for possession of cannabis to a small fine. California took the lead to legalize marijuana for medical use in 1996 and gave the nod to storefront dispensaries in 2004.

In 2014, 21 states and Washington, D.C. have laws in place allowing residents to use the drug for medical reasons. Florida is not one of those states.

Medical use may include smoking cannabis for cancer, epilepsy, PTSD, HIV/AIDS, glaucoma, intractable pain and severe nausea. More than 30 million people across the United States use cannabis as prescribed by a physician and under the wing of the appropriate state legislation.

Despite what state laws may allow, marijuana use, growth, sale and distribution is still illegal under federal law. Cannabis is classified as a dangerous drug offering no medical benefits. Therefore, possessing marijuana, no matter what laws exist in your state, is federally illegal. However, those laws are rarely enforced due to lack of federal personnel who consider it a high priority.

The federal government has often looked the other way, effectively allowing state-regulated marijuana sales to flourish. But in some cases, the government has decided to challenge state laws, suggesting that they are pre-empted by existing federal law. Penalties may be used to bring states back into line with the federal position, including withholding funds for states that have legalized marijuana for recreational use.

The laws relating to marijuana vary depending on where you live, and they are constantly in a state of flux. If you live in Orlando and are arrested for hash or cannabis offenses, you need a criminal defense attorney to mitigate or attempt to get your case thrown out of court, to ensure that you retain your driver’s license, to negotiate for probation where possible and to attempt to reduce prison time if the case has solid evidence.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

•  You have 10 DAYS, from the date of your arrest, to request a Formal Review or, for 1st time DUI offenders, waive the Formal Review and obtain a hardship license for the entire administrative suspension time,
• The National Highway Traffic Safety Administration (NHTSA) publishes a manual on how the Field Sobriety Exercises are to be performed and graded by the arresting officer?
• Many police officers do not know what the NHTSA manual requires for a proper investigation,
• Many DUI lawyers do NOT own a copy of the manual!  I have a copy of every NHTSA manual ever published,
• The police do not have to videotape a DUI investigation unless there is a specific department policy,
• Refusing the breath test can be a crime!  Call and learn why a Formal Review is important to protect you in the future,
• You may be eligible to drive the ENTIRE DUI suspension period by obtaining hardship licenses!
• Some DUI attorneys have never tried a DUI case as a criminal defense attorney!
• There are national organizations for DUI lawyers to share information, ideas, and educate each other,
• There are DUI officers and Drug Recognition Officers (DRE),
• Even though you have a valid prescription for the medication you are taking, you can be arrested and convicted for DUI while taking that medication,
• The prosecutor is required to prove that a driver was impaired “at the time of driving”, however many breath tests do not occur until hours after an arrest.
• A person can be charged with Driving Under the Influence of Drugs even if the drug was legally prescribed medication from a doctor,
• A felony DUI can be very serious and result in a substantial period of imprisonment.
• There are many ways a driver can end up charged with a felony DUI,
• The majority of DUI penalties are mandated by statute,
• A DUI conviction stays with you for your entire lifetime!
• A DUI conviction will prevent you from sealing or expunging your criminal record!
• Some insurance companies immediately cancel your insurance upon arrest!
• A driver must be “in custody” before the police have to read the driver their Miranda rights,
• A Motion to Suppress requests the judge to throw out evidence in your case and some Motions to Suppress can result in your DUI charge being dismissed,
• Many police departments have policies that must be followed by the DUI officer when making a DUI arrest, I have copies of these polices!

If you have been arrested for DUI, retain a DUI attorney that is part of the National College for DUI Defense (NCDD) and the DUI Defense Lawyers Association (DUIDLA).

Retain an DUI attorney who is experienced and knowledge about DUI’s in order to get the best defense and the best result to your Driving Under the Influence case.

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

CALL DUI LAWYER THOMAS C. GRAJEK NOW !!!

863-838-5549 cell

Because you only have 10 days to request a Formal Review or get a hardship license! 

NCDD

These are usually scheduling court dates.  Some cases are set for jury trial.   Other cases have Motions that must be filed before the case is ready for trial.  A Motion to Suppress for example is where a defense attorney is attempting to get evidence excluded (thrown out) by the judge so that it can not be used against the Defendant in their criminal case.  For example, if a person is “in custody” and the police do not read them their rights (Miranda rights), any statements made by the Defendant are thrown out and can not be used against them.  If the “confession” is the only evidence to prove the criminal charge, this could result in the entire criminal case being dropped.  

Still other case are continued for one reason or another such as a deposition needing to be done or Discovery not complete.  Finally, some cases are resolved when an individual enters diversion or a plea in their case.  Yesterday, I watched many out-of-town lawyers resolve their case and it cost their client big time!  Why?  Because the lawyer from Orlando would not fight for their client or did not know how the court typically resolves those type of cases!  The out-of-towner got home-towned!  He pled his client and as part of the plea negotiations, had his client agree to pay $833.00 for the “Cost of police investigation” in a prostitution sting case.  I was one of the 1st attorneys to fight this large investigation cost and what we typically do in these cases is split that amount among ALL the participants arrested in the sting.  That means my clients only pay their portion of the cost which is typically reduced to $100.00.

That was not the only mistake!  The attorney also allowed the court to make the $5,000.00 civil penalty a condition of the probation.  What does that mean?  It means that if his client does not pay the $5,000.00 within six (6) months, the probation officer will VIOLATE HIS PROBATION!  The P.O. could have an arrest warrant issued and have the poor guy arrested AND held in jail with NO BOND!  You are not entitled to a bond on a VOP!  Now the person has to go back to court and fight a VOP and could end up adjudicated guilty making him INELIGIBLE TO SEAL HIS RECORD!  Usually, probation officers will be good about things like this and have “Notice of Court Date” issued instead of having a warrant issued under these circumstances, but why risk it and suffer the stress and hassle of a VOP?

After that case pled out, I resolved my client’s prostitution case.  $100.00 cost of investigation and the fine was NOT a condition of his probation.  My legal fees may be higher than other attorneys, but as the old saying goes, you get what you pay for.

An experienced and aggressive local criminal defense attorney can make a big difference in your case and future!

Don’t leave it to chance, call me now!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

You will not have to drive to another county. Office – Lakeland, Polk County.

Thomas C. Grajek  863-688-4606

NCDD

The post Why should I hire a local criminal attorney? Does it make much of a difference? first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2014/06/polk-county-criminal-defense-attorney-thomas-c-grajek-attends-cross-examination-seminar-with-roger-dodd/ Mon, 30 Jun 2014 01:24:01 +0000 http://www.seonewswire.net/2014/06/polk-county-criminal-defense-attorney-thomas-c-grajek-attends-cross-examination-seminar-with-roger-dodd/ Yesterday, I attended a seminar by Roger Dodd on cross-examination sponsored by the Florida Bar.  Why was I spending a Saturday at a seminar? Because Roger Dodd is one of the leading experts on cross-examination in the country.  When you…

Obtaining  a search warrant is a relatively easy procedure for law enforcement and is usually done by swearing to facts under oath that constitute probable cause that a crime was committed or that incriminating evidence is likely to be found in a particular place or, in this case, the cellphone.

The cases the Court reviewed involved both an extensive smartphone search in California (that had been upheld by the state California court) and a more limited search of an old flip-phone in Massachusetts that a federal judge already had thrown out as an illegal search (search was only aimed at incoming calls and addresses).

Police can search an arrested person under arrest and whatever physical items are within reach to find weapons and preserve evidence.  There are limitations as to what is “within reach” or what evidence can be searched for after an arrest.  In addition, police may try to do an “end around” these search limitations by conducting “inventory searches”.  However, the Court noted that vast amounts of sensitive data on modern smartphones raise new privacy concerns that differentiate cell phones from other evidence. The Court did allow the police to argue “exigent circumstances” to possibly uphold a search of a cell phone.  Criminal defense lawyers already deal with this search warrant exception on a regular basis.  It mainly deals with the fact that evidence may be destroyed before a search warrant is obtained.

These privacy and search issues will continue to keep being raised in the criminal courts.   As technology advances, there will be new Fourth Amendment questions for defense attorneys to raise and judges to rule upon.  This is exactly why if you have been arrested, you need an aggressive criminal lawyer that will raise these new issues in your case.  You need an attorney that will file Motions to Suppress in your case to get evidence thrown out and to protect your privacy rights.  You need an attorney that knows that latest case law to insure you get the best defense to your criminal case.

If you have been arrested, call an aggressive criminal defense lawyer!

Thomas C. Grajek – 863-838-5549

NCDD

Each state’s rules and regulations on criminal procedure codes are predicated on the Federal Rules of Criminal Procedure. The Constitution contains numerous provisions to protect individuals arrested for a crime and individuals who are suspected of having committed a criminal offense.

In order to arrest a suspect, the police must have probable cause — which means that they possess enough evidence to indicate that the person is likely to have committed a crime. Police suspicions about the commission of a crime are not enough to permit an arrest.

In many cases, police officers must obtain an arrest warrant from a judge after offering their evidence of probable cause. Obtaining an arrest warrant is not possible in all cases, so there are exceptions to warrant policies. For example, an individual may be arrested without warrant if a police officer witnesses him or her committing a crime.

Additionally, an individual cannot be subjected to a police search of home, car or person unless the officers have probable cause. Without such justification, any evidence police obtain in their search may be thrown out of court. In most cases, a legal search is only possible with a warrant issued by a judge. Again, there are exceptions to the search warrant rule. If a person invites an officer into a home, for example, that officer may seize any evidence in plain sight.

Should a person be taken into custody, he or she cannot choose to leave that custody — particularly if he or she has been taken to a police station for questioning. Questioning may not begin until the individual is read his or her Miranda rights and advised about the ability to ask for a lawyer at any time. If a suspect’s rights are violated in any manner, nothing said can be used in court.

A suspect does not automatically go to court. If a person pleads not guilty, a preliminary hearing decides the court route the case will take. In a preliminary hearing, the prosecutor offers evidence and presents the case for the suspect’s guilt. The criminal defense lawyer counters those arguments and tries to attack the prosecution’s evidence. The final disposition of the case is up to the judge. Depending on the jurisdiction, some states only hold a preliminary hearing if the accused is charged with a felony. Other states prefer to use grand juries.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

http://www.wftv.com/news/news/local/brevard-judge-accused-punching-public-defender/ngCGC/

But what was the fight really about?  The news reports state that it happened at a “first appearance” hearing.  This is probably inaccurate.  The court proceeding appeared to be “Arraignment” hearings and to understand why this lead to the argument, it helps to know the difference between the court proceedings.    What is the difference between 1st Appearance and Arraignment?

What happens at 1st appearance?

1st Appearance happens when a person is initially arrested.  The person is taken before the judge the next day to determine if there is “probable cause” to hold them in jail while the criminal charge is pending.  The judge also determines what (if any) bond or conditions of release shall be set.  If the judge finds there is NO PROBABLE cause for the arrest, the person is released on their own recognizance, commonly referred to as R.O.R.  This does not mean that the case is dismissed or over because the prosecutor can still file a criminal charge against them, but the person will be released without having to post a bond.  If an arrested person bonds out immediately, he would not have a 1st Appearance and would not see the judge.  Some crimes, such as Domestic Violence, are not entitled to be set a bond until the person goes before the judge at 1st Appearance. Here is a video from Justin Bieber’s case from when he was arrested for DUI/drag racing that shows what typically happens at a 1st Appearance hearing:

http://video.foxnews.com/v/3096973019001/justin-bieber-appears-in-court-for-dui-drag-racing-arrest/#sp=show-clips

What happens at an Arraignment?

This is an arrested person’s first court date after 1st Appearance.  The person is called before the court to answer the charge.  In the video, everyone is wearing street clothes and not jail jumpsuits so that is our 1st clue it is an Arraignment.  If the arrested person pleads guilty, the judge would then sentence them according to a plea agreement or if it is an “open plea” (no agreement between the prosecutor and criminal attorney or suspect), however the judge decides is appropriate for the crime.  If the person, his lawyer, or if assigned a public defender pleads “NOT GUILTY”, the case has to be set for trial or a Pre-Trial Conference/Disposition/Calendar Call/Status Conference date.  Different counties in Florida use different terms, but they all act the same way.  These calendar dates insure that criminal cases keep moving along. THIS IS WHAT THE ARGUMENT AND ALLEGED FIGHT WAS ABOUT!

So what was happening in that court room?  Why did a judge allegedly punch a criminal defense lawyer?

The public defender was pleading people “not guilty”, so the cases had to be set for trial or the Pre-Trial court date.  In Florida, criminal defendants are entitled to a speedy trial.  (The speedy trial time limit for a misdemeanor is 90 days. The speedy trial time limit for a felony is 175 days).  The public defender was trying to preserve his client’s speedy trial rights, but at the same time, get more time to prepare a defense to the criminal charges.  In Florida, if the defendant or his attorney requests a continuance or delay of the case, the case law (appellate courts) have held that is a waiver of speedy trial.  So the public defender was trying to get THE JUDGE to set the case for a Pre-Trial date instead of trial.  The judge, either knowing the case law or not normally a criminal judge) wanted the Public Defender to commit to a trial or ask for a Pre-Trial date which would be a continuance (potentially) and speedy trial would be waived.  The judge might also not want cases coming back for ineffective assistance of counsel or for the Public Defender to be able to complain later on that he was not prepared for trial.  So we ended up with a staring contest.  The lawyer wanting the judge to set it for a Pre-Trial so he could preserve his client’s speedy trial rights and the judge who wanted a commitment from the public defender to set it for trial or waive his client’s speedy trial rights.  With neither side blinking, we ended up with a judge allegedly punching a public defender out in the hallway.  A black eye for BOTH judges and public defenders in the public eye.

There is a time to fight for your client and a correct way to fight in court for your client.  You want the attorney representing you in court to fight for you, but in a way that the prosecutor and the judge on your case respects the way the criminal lawyer fights for you!

If you have been arrested for a crime, retain an experienced criminal defense attorney that will stand up for you!

Thomas C. Grajek – 863-688-4606

NCDD

A man in Jacksonville, Florida was accused of grand theft and organized fraud after touch DNA linked him to several crimes in 2013. Allegedly, the 71-year-old man scammed a woman who was taking cash out of an ATM. He showed the woman a folder that allegedly had cash in it and asked if she knew the location of the address on the front so he could return it. Just as she was about to speak, another man came along and indicated that he was familiar with the address. But he needed a ride to get there.

At this point, the second man was apparently able to convince the woman to take $6,000 out of her account, supposedly to show the man’s boss and earn a reward for returning the found money. The reward was to be $15,000. The three individuals climbed into the car and arrived at the address on the folder. The woman went into the store to speak to the employer about the found folder and her reward in returning it, only to discover that the two men were not employed there. No one knew anything about them. When she went back to her car, the two men and her money were gone.

The initial investigation uncovered very little evidence, but the Flagler County police had been taught to collect and store touch DNA. Use of the new forensic technique resulted in an arrest.
Touch DNA involves extracting skin cells from fingerprints. Proper collection requires a steady hand and careful preparation due to the size of the available sample.

The Flagler deputies were able to extract an identifiable sample of cells and determined the existence of a major contributor. The material was sent for analysis and entered into CODIS (Combined DNA Index System). It was matched to the 71-year-old man, whose DNA was on file as part of an extensive criminal record, including grand theft, robbery, money laundering and drug trafficking.

Use of the technology is still in preliminary stages, but it appears to have a high accuracy rate and a solid legal basis. Criminal defense lawyers are unlikely to object to it: touch DNA extraction does not involve taking samples directly from the alleged perpetrator, and a warrant is not needed to collect samples, which are taken from surfaces the person has already touched.
It remains to be seen how touch DNA technology will evolve over time. Each case will be different, and no one knows for sure how this new development will impact legal defense. No matter what changes come, everyone accused of a crime will still be entitled to a capable legal defense.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Polk County DUI lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Current law allows for 70 mph on interstates, 65 mph for highways with a divided median and 60 mph on certain other roadways, including rural highways.  Under the bill, all of these limits could be raised by 5 mph. The maximum highway speed limit could rise to 75 mph. Florida last nudged the state speed limit to 70 mph in 1996.

If you have been arrested for DUI or given a speeding ticket, call aggressive criminal defense lawyer!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

 Thomas C. Grajek  863-688-4606

NCDD

The arrests were made because law enforcement described the bar’s activities as a “violent public nuisance.” Under those circumstances, the police began an investigation of the business and arrested the bar owner, the event promoter and the head of security. The Winter Haven Police Department, the Florida Department of Financial Services and the State Attorney’s Office led the investigation. Three men were charged with a variety of crimes, including, but not limited to “live obscene shows.”
When the police inspected the nightclub they discovered nude women picking up money thrown on the floor in response to dancing routines on stage. The arresting team of officers indicated the bar was noted for incidents that disturbed the peace, fighting, unruly and loud crowds, and shootings. It appears, according to the police blotter, that in the past year, there have been more than 200 calls dealing with fights, property destruction, traffic complaints and shootings – mischief to serious injuries.

As a result of the lively activity at the bar, a neighboring store was forced to shut down on certain evenings when the nightclub patrons left for home. The police indicated they had tried to work out some kind of solution to reduce the nuisance and safety hazards posed by the bar, and allow store owners in the same vicinity the freedom to conduct business. The compromise did not seem to work, as the club owner allegedly did not live up to his promises and appeared to be using his establishment as a den for further illegal activities.

Ultimately, the police moved in and made arrests, stating their goal was keeping businesses that promoted illegal obscenity out of their community.
This is an interesting case in that, while the promotion of obscenity may be illegal, there may not be enough evidence to substantiate anything else. On the surface of this case, it appears local law enforcement possibly wanted to get even with the club’s owners and thus decided on a number of charges that would meet that end. The other interesting issue here involves freedom of speech in the promotion of live nude dancers. Although “other crimes,” which may refer to drugs or prostitution, are certainly grounds for arrest, it is questionable if the reason for the arrest – promotion of obscenity – is a legal means to an end.

This case may well be fraught with a variety of loopholes in terms of the investigation, the arrests and the charges. Those arrested would be best advised to consult with an experienced criminal defense attorney.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The arrest allegedly stemmed from text messages the teen’s mother found on her son’s phone.  The mother then allegedly asked the teacher to come to her home to talk about the relationship.  The teacher then allegedly admitted to having numerous sexual encounters in different locations in Lakeland.  Sexual battery charges are very serious and can result in a person being a sexual predator or sexual offender. Usually, the police will conduct “controlled phone calls” in these cases which will become a key piece of evidence in the sex prosecution.  In Florida, it is a felony to tape record a conversation with another person without their knowledge.  However, one of the exceptions to this rule is if the phone call is recorded at the direction of the police to conduct an ongoing investigation.  The Probable Cause Affidavit states the teacher allegedly made statements admitting the sexual affair during one of these “controlled phone calls”.  However, I have seen numerous cases where the police allege a suspect admitted to a crime, but when you listen to the tape, this is absolutely not the case and poetic license is taken when interpreting what is actually said on the tape.  The defense attorney is entitled to a copy of the tape to see exactly what was said during the recorded call.

The teen allegedly told police that sexual acts occurred in Hillsborough County as well as Polk County.  If that is true, additional charges can be brought in Hillsborough County also.  In ever criminal case, the prosecution has to prove the “venue” of the crime.  That means, the prosecutor has to prove the crime was committed in the prosecutor’s jurisdiction.  So, each act is a separate crime and each county’s prosecutor can bring sexual battery charges if the crime allegedly happened in their county.

Fichter was booked into the Polk County Jail on six (6) counts of “Unlawful sexual activity with a minor” in violation of Florida Statute 794.05 which states “A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree… “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.” A 2nd degree felony is punishable by up to 15 years in Florida state prison for each count (each sex act).

If you have been arrested for rape, sexual battery, unlawful sex with a minor, or any other sex crime,call an experienced criminal defense attorney to fight for you in court.

Thomas C. Grajek – 863-688-4606

If you or a person is involved in an accident or crash that results in injury or death to any person, including a passenger, the driver is required to:

• Stop immediately,
• Provide their name, address, registration information, and driver’s license, and
• Render reasonable assistance to the injured or deceased person by transporting, or making arrangements for the transportation, of the person to a medical professional for treatment if it is apparent that treatment is needed or the person requests assistance.

If the person injured or deceased is not in a condition to receive your information or be transported, you are required to report the accident or crash to the nearest law enforcement agency as quickly as possible and provide your name, address, registration information, and driver’s license.

There are various defenses to these crimes.  First, the prosecutor has to prove who was driving the car.  Often there are no witnesses to these accidents because they happen late at night or the driver never gets out of the vehicle and flees so no eyewitnesses get a good look at them.  In the Tampa case, the car was spotted in a parking garage so if the woman arrested does not make any statements admitting her involvement in the accident, the prosecutor may have a difficult time proving that she was driving at the time of the accident.

Another defense is whether the driver knew or reasonably should have known someone was injured or killed.  Many times we see cases in which the person thinks they hit a deer or other animal.  There was a recent case in Buffalo in which the driver was found not guilty because the BMW is now so well-built that a driver does not feel the impacts of certain accidents.

Finally, if a driver is  rendered physically incapacitated and unable to report the crash or accident, he or she is exempt from fulfilling the requirements of the leaving the scene of an accident statute.

This crime is one of the most serious under Florida law.  It is a Level 7 offense on the Scoresheet and Florida Sentencing Guidelines.  Because the crime of “leaving” the scene does not cause the death, a driver arrested for this crime will not receive the 120 Death points on the Scoresheet.  That means they will only score 56 points for the Level 7 felony offense which will equate to a minimum sentence of approximately 21 months Florida State Prison as a “guideline sentence” for the judge.

The driver arrested in this case is also a nurse so she may be subject to disciplinary action by the Board of Nursing and Department of Health.  She will need an experienced criminal lawyer to defend her in court.

If you have been arrested or the police want to talk to you about your possible involvement in a crime, talk to an experienced criminal defense attorney who knows the laws and will fight to protect you!

Call Thomas C. Grajek 863-838-5549  cell

The alleged incident happened at a Winter Haven McDonald’s drive-thru.  Howard Carl Wilson was arrested for simple battery, but the charges could be more serious.  The McDonald’s in question uses the side-by-side ordering system.  Once a vehicle orders, they merge with the other vehicles placing orders at the other station.  The police allege the driver became upset after he was caught off by the other driver.  The suspect allegedly would not allow the person to close the door, yelled racial slurs and profanities, and punched the other driver.  The suspect then allegedly left the scene and was arrested later at his home for simple battery, a 1st degree misdemeanor.  This crime is punishable by up to a year in jail.

The charges could become more serious.  Because the alleged victim was in their vehicle at the time of the alleged battery, the suspect could be charged with burglary of a conveyance with a battery.  What does that mean in plain language?  Anytime you break into a home or vehicle with the intent to commit a crime inside the home or vehicle, that is a burglary.   A vehicle is a “conveyance”.  If you break into a vehicle (a conveyance) and assault or batter (hit) someone,  it is a 1st degree felony punishable by up to term of years not exceeding life imprisonment.  That means a judge could sentence the person to any amount of years, such as 1,000 years in prison, but not give a life sentence.  As you can see, this is potentially a very serious crime!

The video can bee seen here:  http://tbo.com/news/crime/cellphone-video-drive-thru-rage-at-mcdonalds-in-polk-20140331/

The police will turn their evidence over to the prosecutor.  An “intake” prosecutor will review the video and speak to the witnesses and determine what charges will be formally filed.  That means the crime charged could change from a misdemeanor to a more serious felony.  This is why it is important that you hire a criminal defense lawyer immediately so that the attorney can start working for you and explain to the prosecutor why more serious charges should not be filed!  In some cases, a criminal defense lawyer can convince a prosecutor to not even file charges.

If you have been arrested, speak to an experienced criminal defense attorney immediately.  

The consultation is FREE so there is no reason not to call immediately to protect your rights and your future!

Thomas C. Grajek – 863-838-5549

Ms. Rupp pled to falsifying her time sheets and filing a false police report.  Ms. Rupp was also accused of filing a false police report.  Ms. Rupp accused a bailiff of threatening her with a stun gun for refusing to have sex with him, and she alleged the bailiff attempted to extort $4,000 from her.  Later, the JA allegedly admitted that this was not true.  The court house has extensive cameras and there are ways to prove where a bailiff is at most times so there was probably some other independent evidence that the allegations were not true.  Many times when a suspect is confronted with irrefutable evidence that their story is not true that will confess.  

Remember to always call and speak to a criminal lawyer first before speaking to the police!

The sentencing is set for Wednesday on the 3rd degree grand theft felony (up to 5 years prison) and the filing a false police report is a 1st degree misdemeanor (up to 1 year in the Polk county jail).  These charges will not score a mandatory prison sentence so it will be interesting to see what the sentence will be next week.  In addition, the JA will be sentenced to pay “restitution” which means she will have to pay back any money stolen.  There will probably be a separate hearing to determine the exact amount she will have to pay back to the State of Florida.

Unfortunately, this does not mean an end to the case.  Ms. Rupp only pled to the “old” charges and not the 13 additional counts of ”forgery by making a false public record” that the prosecutor recently added.  Those cases may stil go to trial, be pled to, or as the defense hopes, dropped by the prosecutor.

If you have been arrested for a serious felony offense,

call an experienced criminal defense attorney that will stand up and fight for you in court!

Call Thomas C. Grajek – 863-688-4606

Lee’s arrest followed a long investigation into his online life and persona. According to the local sheriff’s office, the county computer crimes unit discovered the suspect online as he attempted to solicit erotic favors from young men. A police officer posed as a 14-year-old boy and responded. Over the course of several emails, the suspect began asking the “boy” to meet with him for sex. A meet-up was arranged at a named location in Escambia, and when the suspect arrived, he was taken into custody. Police were unwilling to let the investigation linger, as Lee had allegedly made references to some of his very young patients during the exchanges.

Members of the Internet Crimes Against Children Task Force, launched to protect children against online predators, were present at the arrest. FBI agents, Pensacola detectives, Sheriff’s deputies and special agents attached to the Florida Department of Law Enforcement arrested and identified the suspect as family physician Brian Lee, the owner and operator of Perdido Bay Family Care. He was given no bond.

Upon further investigation, law enforcement uncovered evidence that Lee may have engaged in similar conduct with other young boys. They have put out a call to the general public asking for anyone who may have been involved with the physician to contact them.

In Florida, Statute 847.0135(4) states that any individual who travels any distance with the intention of engaging in illegal acts laid out in Chapter 794, 800 or 827 Florida Statutes — such as unlawful sexual conduct with a child or sex with another person “believed” to be a child — is guilty of a second-degree felony. These statutes apply even if the suspect was lured into a meeting through an electronic service.

Solicitation charges may also be filed against a parent, guardian or custodian who allows a child to participate in the sexual activities enumerated in the above statutes.

A number of defenses may be applicable for those facing such serious charges. A criminal defense lawyer should immediately acquire a complete record of any chat logs used as evidence against an alleged child predator.

The log may reveal illegal procedures, including entrapment and inadequately supported search warrants. The alleged offender’s intent and extenuating circumstances must also be taken into account. The testimony of a computer expert, if warranted, may also be of use in a defense.

No matter the charges, every person has the right to an attorney’s criminal defense. Not every individual who is arrested and/or charged is guilty of a crime. Never judge alleged offenders by their charges.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

To keep your eligibility for expungement open, an experienced criminal defense lawyer should assist you. Do not go to court alone or enter your own plea without understanding the full ramifications of your choice.

In most instances, domestic violence charges are sent to a special domestic violence court division. However, in Polk County, Florida, the domestic violence court has been shut down, which means that any cases of this nature are now sent to criminal trial divisions.

If you are arrested for domestic violence, you will be held in custody without bond until you appear in court for the first time. The court may mandate that you have no contact with the alleged victim as a condition of your bond. If you violate that order, your bond may be revoked, and you may remain in jail until your case is resolved. If you have a criminal defense lawyer representing you, he or she may be able to file a Bond Motion asking the court to modify or remove that condition.

Many individuals charged with domestic violence want to know what happens if an alleged victim does not want to pursue the charges filed or if he or she signs a Waiver of Prosecution. State attorneys (also called prosecutors) may file charges and pursue prosecution even when there are no physical signs of abuse and the case is operating on the word of the alleged victim. If you have a skilled criminal defense attorney assisting you, he or she can contact the prosecutor and outline why the alleged victim does not wish to press charges, and why it would be in the best interests of all not to file charges or prosecute. Such a consultation may even end in dropped charges.

Do not go to court and plead no contest or guilty without the advice of a criminal defense attorney. If you do, you cannot expunge or have your domestic violence record sealed — even if the court ultimately withholds adjudication. Your plea becomes a matter of public record, which may affect your employment or promotion prospects in the future.

A domestic violence arrest will only be expunged from records if the charges against the alleged perpetrator are dropped. In almost all cases, only a criminal defense attorney, who works to have the charges dismissed, is able to achieve such a result.

In order to dismiss the charges, your attorney may be able to have you placed into a diversion program (rather than enter a guilty plea). If you complete the program and domestic violence counselling, your charges are dropped, allowing you to expunge your record.

If you are charged with a criminal offense, you are entitled to a vigorous defense to maintain your reputation.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The investigation stemming from a discovery by the Escambia County Sheriff’s Office of missing prescription pain pills from the evidence room.  The missing drugs had been replaced with over-the-counter medications.  In all of the cases in which the drug evidence was missing, the drugs had been analyzed by the same chemist, who overall had processed 2,600 cases for 80 law-enforcement agencies since 2006. Whether the analyst handled any criminal cases in Polk County is unknown at this time.

The ramifications of this investigation will be huge.  Already, one State Attorney’s Office had to ask for a continuance in a trial of a man charged with trafficking in hydrocodone because of the chemist’s involvement in the case.  This could possibly lead to the trafficking charges being dropped.  Criminal charges could be brought against the lab analyst.  Recently, a lab analyst in Massachusetts was sentenced to to 5 years in prison for similar allegations after pleading guilty to 27 counts of misleading investigators, filing false reports, and tampering with evidence.

This strikes another blow to the integrity of the criminal justice system.  One of the jobs of a criminal defense lawyer is to fight this type of injustice and see that you are treated fairly in court.  If you have been arrested for a drug crime, call an attorney that will fight for justice for you!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal and drug cases in Polk County, Florida.

Currently, a police officer or deputy with the proper training can search a person or vehicle if he smells the odor of marijuana.  This gives the officer probable cause to search the vehicle for marijuana.  This includes containers in the vehicle that may contain the pot.  This is a tremendous tool for law enforcement that has led to numerous arrests for possession of cannabis, both felonies and misdemeanors.  In addition, the odor of marijuana has also been used by police to discover evidence of other crimes.  For example, a Polk deputy may pull a driver over for allegedly speeding, smell the odor of pot, and then search the car.  The deputy may not find any cannabis, but the trafficking amount of cocaine or meth he discovers in the vehicle will have been lawfully obtained and the occupants can be charged with a serious felony and face a long, mandatory prison sentence.

If the Medical Marijuana Amendment passes and becomes law, the legal issue becomes whether the odor of marijuana gives an officer probable cause to search a vehicle or whether it is a defense to have a prescription or an affirmative defense to the crime. Once marijuana is legal, the officer may not know whether an individual has a prescription or not.  Without this knowledge, the odor alone may not be probable cause of a crime because possessing cannabis is no longer illegal in Florida (for limited purposes).  Thus, there is no evidence of a crime because it is the odor of marijuana no longer indicates an illegal activity.  This will be an issue that criminal defense attorneys raise and will probably work its way through the appellate courts for an answer.  However, because marijuana is still a controlled substance, making the distribution of marijuana a federal crime, that could make the search legal.  Only time and litigation will tell how medical marijuana will affect criminal prosecutions.

We will probably see more Driving Under the Influence of Drug (DUID) arrests and prosecutions also.  This is already happening throughout the United States.  As more people have access to the drug, there are likely to be more arrests for driving under the influence of cannabis.  Draeger © has now produced a roadside machine to test for controlled substances.  Draeger’s © website touts their machine can “The Dräger DrugTest® 5000 System – Analyser and Test kit – provide fast and accurate on-site drug detection. Substances such as opiates, cocaine, cannabinoides, amphetamines as well as designer drugs and tranquilizers based on benzodiazepines can be detected in oral fluid samples or samples from surfaces.”  Whether Florida purchases and starts using this drug testing machines in the future is probably a question of “when” rather than “if”.

If you have been arrested, retain an aggressive Polk County criminal lawyer that has experience and knows the law.

I’m ready to stand up and fight for you in court!

Thomas C. Grajek – 863-688-4606

Handling all Polk County felony and misdemeanor drug charges including possession, delivery, sale, and trafficking.

(1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when such person knows he or she is infected with one or more of these diseases and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.

(2) It is unlawful for any person who has human immunodeficiency virus (HIV) infection, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.

Therefore, knowledge is an important element of this crime.  That means a prosecutor must prove the person charged with this crime knew they had the sexually transmitted disease (STD) and knew the disease could be passed to a sexual partner.  It is also a defense to the crime if the infected person informs their sexual partner prior to engaging in sex that they are infected.

Who has the burden to prove the defense?  This is an important question for anyone charged with this crime or other crimes that have defenses such as Carrying a Concealed Weapon or Firearm in Florida.  This is also why it is important you retain an experienced criminal defense lawyer who knows how to interpret statutes to insure you get every defense possible if you are charged with a crime.  In the STD transmitting criminal case, the prosecutor bears the burden of proving that the alleged victim was not informed that the Defendant was infected with an STD.  That is because the defense is contained in the actual, enacting statute.  This may be simple to do by just having the alleged victim testify that they were never informed about the STD.  However, if the prosecutor does not present any evidence as to this fact, the case would be dismissed at trial.

In the Carrying a Concealed Firearm case, it is an affirmative defense to prove the person charged with the crime had a license to carry permit.  That means the Defendant must present evidence in order to receive the benefit of this defense.  That is because the affirmative defense to the crime is contained in a clause subsequent to the Carrying Concealed Weapon statute and is a “subsequent clause.”  Thus, the prosecutor does not have to prove the absence of a license.  State v. Robarge, 450 So.2d 855 (Fla. 1984).

What are the penalties for unlawfully transmitting HIV or a sexual disease?  It depends.  The penalties are contained in Florida statute 384.34 “Penalties”.

• Any person who violates the provisions of 384.24(1) commits a misdemeanor of the first degree, punishable by up to a year in jail.
• Any person who violates the provisions of the department’s rules pertaining to sexually transmissible diseases may be punished by a fine not to exceed $500 for each violation. Any penalties enforced under this subsection shall be in addition to other penalties provided by this chapter. 
• Any person who violates 384.24(2) commits a felony of the third degree, punishable by up to 5 years in Florida State Prison (FSP).  
• Any person who commits multiple violations of s. 384.24(2) commits a felony of the first degree, punishable by a term of imprisonment not exceeding 30 years.

In the officer’s case, he was screened for testing when he was first hired as a police officer.  That would allegedly give him knowledge of the STD virus.  It is mandatory that all police officers are screened for STD’s as part of their pre-employment screening before being hired on the police force.  Because there were more than one alleged victim, he is being charged with two counts of criminal transmission of HIV as a first-degree felony and faces 30 years in prison for each criminal count.  There was allegedly one more victim, but the statute of limitations ran out on that act.  A potential defense to be argued will be whether either or both counts could be charged as 1st degree felonies.  The legal defense or question being is a person charged under this crime required to be convicted of at least one offense before they can be charged with a 1st degree felony?  The defense will argue he was never convicted of this criminal charge before, so there have been no criminal violations necessary to aggravate the charge to a 1st degree felony.  This could mean the difference between 60 years in prison maximum he faces or 10 years in Florida State Prison.

Sex crimes or sexually related crimes are very serious under Florida law.  If you have been arrested for lewd battery, transmission of an STD, possession of child pornography retain an experienced sexual crimes defense attorney to fight for you in court.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

Hopefully, the community’s confidence can be restored in the Lakeland Police Department in the future.

If you have been arrested by the Lakeland Police Department, call Thomas C. Grajek, an aggressive Polk county criminal defense attorney that has experienced defending criminal charges.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

You will not have to drive to another county. Office – Lakeland, Polk County.

 Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor sex cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.

Criminal law in the State of Florida is usually divided into two categories: felonies and misdemeanors. There is another classification, called “common law crimes”, but those designations usually have attributes of the other two categories as well. To complicate matters, there are also different severity classes included in each category. Criminal law can absolutely be difficult to understand for those who do not deal with it daily.

County courts have original jurisdiction for nearly all misdemeanor cases. Circuit courts deal with all felonies, with juvenile misdemeanors and with misdemeanors resulting from the commission of a felony (with some exceptions). This is a somewhat simplified explanation, and the system is far more complex. Therefore, hiring a competent criminal defense lawyer not only makes good sense — it is a necessity.

A misdemeanor is a criminal offense punishable by jail time of less than a year. Misdemeanors are not as “serious” as felonies, and they are further separated into various degrees. A second-degree misdemeanor may result in a 60-day jail sentence. A first-degree misdemeanor offense may leave the perpetrator behind bars for up to a year. Other penalties may also come into play; courts can sentence those guilty of a misdemeanor to probation ranging from six months to a year.

Suspects in Florida should be aware that conviction of a first-degree misdemeanor may result in the revocation of probation granted for a previous offense. Judges may order such offenders to jail for the full term applicable under the circumstances of their previous offense (with credit for time already served), no matter how long the person has been on probation.

Typically, those who commit misdemeanors do not serve time in a state prison — unless they have been charged with and convicted of a felony and misdemeanor and the sentences run concurrently. As such, sentencing guidelines and the Criminal Punishment Code do not apply to misdemeanors.

Driving under the influence (DUI), battery, petit theft, possession of marijuana, driving with a suspended or revoked license and culpable negligence charges may be reclassified to a higher degree. This reclassification depends on the number of charges and convictions the person has faced previously and on any other aggravating factors. In other words, a DUI may not be “just” a DUI if the person charged has a long prior record of many more.

In Florida, courts are shifting to a more regimented, structured sentencing system. That system eliminates some judicial discretion dealing with misdemeanors — meaning that judges are required to impose certain penalties at sentencing.

The laws regarding Florida misdemeanors and felonies are changing, and those changes affect those who are charged. If you are charged under the any of the newer revisions to the law, you need an experienced criminal defense attorney to help you get through the process. If you attempt the process on your own, you may end up with an unexpected, unhappy result.

If you face a felony or misdemeanor charge, learn about your rights and find out how the newer laws apply to you.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

While LPD admitted their officers made mistakes in some cases, LPD also stated that it was the Polk prosecutors fault for not communicating with LPD officers enough.  One of the errors concerned a registered sex offender case that resulted in the criminal charges being dropped.  The Ledger article can be read here:

http://www.theledger.com/article/20140117/NEWS/140119298?tc=cr&tc=ar#gsc.tab=0

The State Attorneys office responded quickly to the report, explaining that the prosecutor does not experience these problems with any other law enforcement agencies in Polk County.  That response can be seen at:

http://www.wfla.com/story/24484917/lakeland-police-chief-answers-state-attorney-criticisms

There are still problems.  The biggest problem is that you can not have communication and cooperation problems between a law enforcement agency and prosecutor.  These agencies must work together. They are a team that must cooperate to protect society and insure that justice is done in all criminal cases and investigations.  It is a team effort.  As I have stated before, LPD should have had an experienced criminal defense trial attorney aiding in the internal investigation of LPD. Criminal defense attorneys examine issues and problems with a critical eye and no agenda.  There is no self-interest involved for an outside attorney who can assess where mistakes were made and which agency needs to correct them.

Hopefully, these problems can be resolved so that Polk County residents and people arrested are treated fairly and all evidence and witnesses to events are preserved in criminal cases and justice prevails.

If you have been arrested by Lakeland Police Department or are charged with a crime in Polk County, retain a trial attorney with the experience to defend you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION 

Thomas C. Grajek  863-688-4606

The Defendant objected to the admission of the air bag report arguing that the report was hearsay and should not be admissible at trial.  The judge overruled the defense’s objection, admitted the report, and the Defendant was convicted at trial of  leaving the scene of a crash involving death, vehicular homicide, and driving while license is suspended or revoked.  Based upon this evidentiary ruling, this air bag report could also be used in a DUI manslaughter case.

After the conviction, the Defendant appealed to the Second District Court of Appeal which rules on cases in Polk and Hillsborough County.  The appellate court agreed with the trial court and held that the “black box” report was not hearsay and was admissible at trial.  This means that the “Confrontation Clause” which gives the Defendant the right to confront his or her accuser and the witnesses against him did not apply.  That is because the court rules that the “black box” report is not testimonial hearsay.  What does all that legal mumbo jumbo mean?  That the the air bag control system report is not accusatory and does not describe any specific wrongdoing of a driver.  The report merely establishes the existence or absence of some objective fact, i.e., if and when the brakes were applied in the driver’s car before the accident and the speed the car was traveling.  If this had been a lab report done by a crime analyst or lab technician stating the results of a driver’s blood alcohol level or what type of drug was seized by the police, the person who conducted the lab report would testify.

What does mean to you?  If you have been arrested for a driving offense or a drug offense, the nature and type of the report may require a witness to testify.  You also need to know that information before you go to trial or make the decision to go to trial.   Retaining a criminal defense lawyer that stays up-to-date withe the latest case law is extremely important to get the best outcome for your criminal case.  Knowledge allows you to make the best and most informed decisions possible.

If you have been arrested for a serious felony, DUI with Serious Bodily Injury (SBI), DUI Manslaughter, leaving the scene of an accident with death, or a drug or controlled substance offense, retain an attorney that knows the most recent case law and how the rules of evidence will benefit or hurt your case.

PROTECT YOUR RIGHTS – CALL NOW 863-688-4606 AND SPEAK TO AN EXPERIENCED AND AGGRESSIVE ATTORNEY WHO WILL FIGHT FOR YOUR RIGHTS IN THE COURT ROOM!

 THOMAS C. GRAJEK, CRIMINAL DEFENSE ATTORNEY

Handling all criminal and juvenile cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, HainesCity, and Davenport.

See Peterson v. State, __ So. 3d __, 39 F.L.W. D75 (2d DCA 1/3/2014)

Sunrise, Florida is the scene of a recent story about the nearly unprecedented lengths to which police will go to catch and arrest drug dealers. The city’s narcotics unit routinely lures lower-echelon drug dealers, also called middle-men, from surrounding areas, then busts them for involvement in illegal activities—activities set up by the police. Of late, the most common of these stings is the sale and purchase of cocaine.

According to local media reports, the Sunrise narcotics division has been trolling online to lure middle-men to Sunrise, community of commuters considered an offshoot of Miami. Police offer to negotiate large purchases of cocaine as bait, then suggest highly public locations like restaurants, including the ubiquitous McDonald’s. Most of those arrested in these stings have not been from the local area. In fact, of the more than 190 arrests for illegal drug purchases, only seven individuals were from Sunrise.

On the surface, many law-abiding Americans might like the idea. However, the dominant goal in these operations may not be the reduction of drug trafficking, but the increase of police overtime pay. Catching middle-men—and not major drug industry figures—has not made an apparent or significant impact on the drug world. Only two arrests and convictions have resulted in 15-year sentences for actual trafficking.

It appears that annual overtime ran anywhere from $240,000 to $630,000 during the 42-month period in which police lured unsuspecting criminals to Sunrise for arrest. In sting operations, police create false circumstances which potential middle-men choose to approach, asking to purchase drugs. In a situation of entrapment, officers approach potential middle-men, offering to sell. And therein lies the heart of the issue: the ethics of operations that result in substantial monetary rewards for police officers, especially when officers create the opportunities themselves. Sting operations are a legal part of police operations; entrapment is not.

Moreover, drug dealers have rights, whether the public likes it or not. Everyone is entitled to a defense; just because an individual has been charged with an offense does not mean he or she is, or will be found guilty of that same offense.

Here is the conundrum: police officers, sworn to uphold the law, protect and serve, are deliberately creating fake situations for alleged drug dealers to purchase cocaine. The police put in overtime to do this work, and they are well-paid for doing it. How do these traps fit within the concept of justice?

Ultimately, they do not. When police begin convincing people to buy an illegal drug, they have crossed a line that those in law enforcement should never cross. The police enforce existing laws. In this case, these setups may even be shaky, pseudo-legal bids to increase the income of officers.

The issues behind drug stings may trigger strong reactions in many, but the community must remember that everyone accused of a crime is entitled to a legal defense. It follows that those who have been lured into illegal activity also deserve a criminal defense. It is an issue worth considering, as this kind of police behavior may spread beyond Sunrise, Florida.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Polk County DUI lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Florida is deadly serious about not drinking and driving, and if caught, the driver gets an immediate license suspension. That is inconvenient for sure, but overall that is the least of an offender’s worries, should they be caught more than once.

Being without a license means not having a way to get to work. Now, instead of hiring a criminal defense lawyer to help you obtain a hardship license, you may apply for one on your own. A hardship license is a special, limited purpose driver’s permit, usually only applicable in certain circumstances, such as getting to work or needing to attend medical therapy of some sort (e.g., dialysis) on a regular basis.

Before this law was passed, a criminal defense attorney could request a hardship license be issued while their client was waiting for their day in court. Now, an accused may head down to a local Florida Department of Highway Safety and Motor Vehicles (DHSMV), waive their right to contest the license suspension, and apply for a hardship license immediately. This must be done within ten days of being arrested, and the offender must bring a copy of their DUI citation, show proof they have registered in approved DUI classes, and pay a fee.

Inherent in waiving their right to contest the license suspension is an admission of guilt. Most good criminal defense attorneys would not advise their clients to do something that may incriminate them, and this new development in the area of DUI enforcement is a wrinkle with potential glitches, particularly when it comes to an alleged drunk driver’s rights.

Most people do not understand that if they waive a right, thinking it just means they get a license faster and can get on with their lives, that they have admitted their guilt, when in fact they may not be guilty of driving under the influence. There are medications that mimic the symptoms of DUI.

Just because someone was issued with a DUI citation does not mean they were driving while under the influence, does not mean the citation was issued in accordance with all departmental policy, does not mean the roadside breathalyzer was working properly, and does not mean the officer administering the tests was properly trained in the correct methods of using the equipment.

It remains to be seen if this new nod to expediency is anything more than a speedy rush to justice without the right to be duly represented by an experienced criminal defense attorney, with an eye to protecting falsely accused drunk drivers. Those who have been arrested for DUI should seek legal advice on whether this new law is in their best interests before they go apply for such a license.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Polk County DUI lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

http://www.theledger.com/article/20131108/NEWS/131109285/1358/news06?p=2&tc=pg&tc=ar

Another officer was part of the story.  A DUI arrest made by Officer Tyler Anderson was outside the jurisdiction of LPD.  This DUI case was eventually dismissed.  This DUI arrest was the subject of newscasts months ago.  However, it wasn’t until very recently that LPD started investigating the incident.  Why did it take so long for LPD to initiate an internal investigation?  I understand that LPD has a lot of internal problems and issues to investigate, but it has been months and was prime time television news.  That is why when The Ledger asked my thoughts on the panel LPD was putting together to conduct an internal investigation,  I said it was useless in my opinion.  Officers can not thoroughly investigate themselves because they think they are performing their duties correctly in the first place.  That is why LPD needed to bring an experienced criminal defense attorney from another county or a criminal defense expert to investigate any problems or issues.  Defense attorneys know what to look for and may cause problems with an arrest or criminal investigation.  After all, it was defense attorneys that brought these problems to the public and law enforcement’s attention.

If you have been arrested, call an experienced criminal trial attorney that will fight for you in court!

Thomas C. Grajek 863-688-4606

FLCrimeDefense@aol.com

Needleman’s arrest was the culmination of a year long investigation by the Florida Department of Law Enforcement (FDLE) into his dealings with BlueWare, Inc. Needleman at one time served as the Brevard Count clerk of courts and allegedly signed a multimillion dollar contract with BlueWare to divert part of the contract funds into his 2012 re-election campaign.

According to evidence on file, the police investigation allegedly revealed that funds were diverted back to Needleman’s campaign through a third party, a campaign lobbyist, who was also charged. The re-election campaign was not successful, and Needleman was arrested the same day the CEO of BlueWare was apprehended.

BlueWare had recently moved to Florida from Michigan County after being enticed with a potential $1.21 million in incentives to bring the information technology company to Florida. The incentives were to have been awarded by the state’s Qualified Target Industry Tax Refund (QTITR) and Quick Action Closing Fund (QACF) programs. There is some question as to whether or not the company received any incentive money.

BlueWare was to supposedly create at least 190 jobs over a period of four years, as they were getting setup and started to hire local employees. It looked like a good move that may have boosted the local economy.

Needleman served in the House from 2000 to 2008, immersing himself deeply into criminal-justice issues and committees, even becoming the head of the Juvenile Justice Committee. The former Marine was well-respected among his colleagues, who were shocked at the revelations that he may not have been as honest as people thought he was.

On the surface, this case looks gloomy for Needleman and it sounds like the police may have an open-and-shut case. But do they really? The issue will be how the money was diverted from the contract through the third party lobbyist and whether or not Needleman even knew what was going on. Just because he signed the agreement with BlueWare does not mean he devised the plan to funnel funds into his bid for re-election or was even aware of any such deal.

When it comes to criminal cases like this, appearances at first glance may not agree with what the actual facts turn out to be on closer examination. Needleman is entitled to a good defense and to be considered innocent until proven guilty. Dealing with an experienced criminal defense lawyer is the best move he could make.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

I have been fighting the “civil penalty’ since the beginning of the year.  I am challenging the fine on various constitutional issues and protections that all citizens enjoy under the Florida and U.S. Constitution.  So far, all the Polk County judges have denied the motions.  There is one final challenge to the outrageous solicitation penalty set for November.

If the solicitation for a lewd act charge is amended to a different crime, the penalty would not apply.  A defendant needs a Polk criminal attorney to negotiate and fight for such a reduction.  The crime of solicitation of a lewd act or prostitution is a sealable offense, call for a free consultation tos ee if you are eligible to seal your prostitution arrest.

If you have been arrested in Polk County, retain an experienced criminal defense lawyer that will fight for you and your rights!

POLK COUNTY CRIMINAL DEFENSE ATTORNEY EXPERIENCED IN ALL CRIMINAL CASES.

 Office – Lakeland, Polk County.

 Thomas C. Grajek  863-688-4606

Due to a recent drug enforcement raid, seven South Florida residents face federal charges of illegal dispensing and handing out a variety of powerful drugs, including a well-known highly addictive drug, oxycodone.

After the raid and the arrest of those on the premises of the pill mill, there was a 20-count indictment against the defendants. Those charged included the local clinic’s owner and a Boca Raton doctor, Vijay Chowdary. The litany of charges include, but are not limited to, maintaining drug-involved premises, money laundering and possessing controlled substances.

Schedule II drugs, such as oxycodone, are known for ultimately being responsible for causing more drug overdose deaths than heroin and cocaine combined. They have a higher likelihood of being abused, as they may be injected, snorted, dissolved or crushed to achieve a quick high.

The premises raided belonged to Intracoastal Medical Groups, Inc. in Broward County. The clinic allegedly offered patients prescriptions for various controlled substances without any existing medical issues and with only a cursory medical examination. According to witnesses and investigators – who had been on the case for months – traffickers and addicts would frequent the clinic to get as many of the pills as they could.

Further evidence suggested the clinic faked medical documents, tests and allegedly issued fake identity cards to make it appear that all of their patients lived in Florida, when in fact, many of them came from other states to obtain drugs for eventual resale elsewhere. On the surface, this case appeared to be about diverting highly addictive drugs to sell them for profit at the expense of the clinic’s patients.

Convicted defendants could face, in total, up to 60 years for distributing, dispensing, and aiding and abetting the distribution and dispensing of oxycodone outside the usual parameters of professional practice and not for a legitimate medical purpose; for conspiracy to distribute, dispense and possess oxycodone and for maintaining a location for the distribution of narcotics.

Even though the evidence may suggest the seven defendants are guilty of what they have been charged with, this is not always the case. Evidence can tell more than just one story. Furthermore, just because someone was on the premises when the clinic was raided, does not, in and of itself, indicate they were involved in any way with what may or may not have been going on there.

Anyone that is facing drug charges, or has been charged, needs to speak to a competent defense attorney. There are a number of vitally important questions that need to be answered, such as: did the police have the right or probably cause to search the clinic and/or other related locations, did they need a search warrant to personally search the seven individuals on the premises and/or their vehicles and homes, was the search and seizure carried out in a timely manner, and how relevant and current was the information used to conduct the search and seizure?

Drug cases have many legal issues that may result in the evidence being thrown out or suppressed. Do not wait to call an experience criminal defense attorney. Your case may stand a chance of being dismissed.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The text while driving ban is a “secondary’ offense.  This means that an officer can not pull you over for texting while driving if that is the only law violation he observes.  However, he you are pulled over for some law violation or infraction such as not wearing your seat belt or speeding, and the officer sees you texting while driving, he can pull you over because you did not have your seat belt on and then write the additional $30.00 ticket for texting.

Be careful because the texting ban prohibits reading a text or email while driving! The ban also covers sending email communications and instant messaging.  Basically, anytime you are manually typing a communication into your smartphone or device while driving it is against the new law.  If your vehicle is set up for hands-free communications, you are allowed to use texting, email, and instant messaging.

You are allowed to text or read a text while stopped at a red light or while in a traffic jam.  Drivers are also allowed to report criminal activity while driving.

As stated above, this texting ban is a “secondary” offense for now, but the law requiring someone wear a seat belt also started out as a secondary offense and eventually turned into a violation that the police can pull you over for is subsequent years.

Be careful and drive safe!

If you have been arrested or received a ticket for a traffic infraction, retain a criminal defense attorney that knows the law!

Thomas C. Grajek  863-688-4606

The Plant City school teacher allegedly committed these acts with three separate people who reported seeing a man masturbating in his vehicle. Because of the ages of the alleged witnesses to these sex acts, he was arrested on felony charges.  He was arrested and charged with two counts of lewd exhibition on a child under 16 and two counts of indecent exposure.

The teacher was charged under Florida Statute 800.04 “Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.”  Subsection (7) “Lewd or lascivious exhibition” states “A person who

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable by up to 15 years in Florida State Prison for each alleged act.

Sheriff Grady Judd is looking into other incidents that may involve this arrested person.  I have handled these types of cases before and this is not an uncommon tactic by the police.  Once the arrest someone, they will take that person’s mug shot, put it into a photo line-up and show the photo array to witnesses in cold cases.  The problem is that the police do not videotape or audiotape this show-up so it makes it difficult for a criminal defense attorney to insure the procedures used by the police were not unduly suggestive.

If you have been arrested for a sex crime, call Thomas C. Grajek, an aggressive Polk county criminal defense attorney that has experienced defending these types of criminal charges.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

You will not have to drive to another county. Office – Lakeland, Polk County.

 Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor sex cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.

The U.S. Supreme Court has delivered a decision that has enormous ramifications for criminal offenders and criminal defense attorneys. The Court handed down a ruling that says law enforcement officers may gather DNA samples without getting a warrant first and such a process does not violate the 4th Amendment (protection against unreasonable searches and seizures).

While the Court indicates gathering DNA is a minor intrusion, there are others that suggest it will exponentially increase police powers – powers that may well be open to abuse.

As it now stands, anyone arrested in Florida for a serious crime is expected to comply with the police, allowing them to collect a mouth swab. Criminal defense attorneys view this as one more insult to the tenet that everyone suspected of a crime and/or arrested is presumed innocent until proven guilty – another infringement of rights.

The hole one could drive a truck through is that DNA collected is often used to close other crimes. For instance, consider a criminal arrested for an assault charge who is then linked with an unrelated burglary because of a DNA sample. It is important to remember that just because someone’s DNA may be present at a crime scene does not mean that it is that individual who committed the offense in question. There are many reasons why someone’s DNA may be present.
Anytime the courts change a basic principle that links to an individual’s rights, there is the potential for abuse. It is not unusual for law enforcement to violate someone’s rights in the name of justice. That should never be the case.

Collection of DNA without a warrant is an invasion of privacy and is wrong on so many levels. What about the question of the 5th Amendment, a person’s right to remain silent? Does having to provide a DNA swab without the benefit of a warrant not violate a person’s right to remain silent? It forces alleged offenders into a situation where they are incriminating themselves without proper recourse to a defense attorney.

The ruling opens a can of worms that will likely be revisited. Interestingly, even the Supreme Court was clearly divided on the ruling, by a vote of five to four. Despite the police suggesting DNA is also used to prove people innocent, there is a fine line being crossed. No one knows what will come about as a result of it.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Police reports indicate that the teen and his passenger were injured when the vehicle they were in rear-ended a Chevy van carrying seven people. The force of the impact flipped the van, killing five of the occupants. The van’s driver and a 15-year-old boy were the only survivors. Despite the teen’s lawyer indication that he would plead not guilty, the boy had reportedly admitted to police he was behind the wheel at the time of the accident. In the front and back seat investigators found several bottles of beer.

The teen was subsequently charged with DUI causing substantial injury or death, plus two misdemeanor charges —- driving without a license and failing to slow down. According to his criminal defense attorney, the teen plans to plead not guilty, as there may be some issue as to whether or not he was driving at the time of the accident. In the meantime, he is being held on $3.5 million bail and is in isolated, protective custody in jail. His attorney indicated that his client was praying for the five people killed in the accident.

Anyone facing the loss of five members is likely utterly devastated. The expense to bury five and pay funeral costs typically is staggering. In order to be able to pay their bills and wait for their wrongful death lawsuit to be resolved, the perfect solution may be to apply for a lawsuit cash advance. Pre-settlement funding is an emergency loan advanced to qualified plaintiffs working with a lawyer that allows them to get out of debt and keep their financial obligations current while waiting for a trial or settlement.

Plaintiffs just need to fill out an application online or by calling a litigation funding company. They do not get put through a credit check, there are no fees to be paid upfront or monthly, the applicant does not need to have a job and if they do lose their case in court, the lawsuit cash advance is theirs to keep, with no strings attached.

Daren Monroe writes for Litigation Funding Corp. To learn more, visit http://www.litigationfundingcorp.com/.

Florida is taking a tougher approach to juvenile crime by fostering a bill that would make it mandatory for children and their parents or guardians to pay out for damages caused by juveniles who committed a crime. The major thrust of the bill is to make parents in the Sunshine State sit up and take notice and shoulder more of the responsibility for their children’s actions.

House Bill 0785 would wipe out provisions excusing parents from their children’s offense, in some situations, and remove duplicate language relating to a parent/guardian being responsible for any court order to pay restitution. Aside from those housekeeping items, the Bill also comes down hard in terms of penalties for parents who do not pay up —- by possibly having a lien placed on their home or having their driver’s license taken away —- pretty serious stuff compared to the way things were.

The one thing many people seem to be missing is that a juvenile is still entitled to a well thought out and solid criminal defense. There are many reasons why a juvenile may have become caught up doing the wrong thing at the wrong time. They may have been led into committing a crime by someone else. The crime may have happened on the spur of the moment, without much thought. The accused may not be the true perpetrator. In short, juveniles are as much entitled the services of a criminal defense lawyer as is an adult in a similar situation.

They have rights, and those rights need to be upheld in the most vigorous manner, by a skilled criminal defense attorney who understands the juvenile system and what is and what is not possible in terms of defending their client. Evidently that is not the only thing the Bill has overlooked.

It appears that parents are going to be made responsible for children they had no success or luck in controlling or getting them to change. For those who have raised teens, they understand without being told, that a teen is a law unto themselves and listening to their parents is not on their dance card. It is peer pressure that drives a teen’s formative years. Nonetheless, no matter what the fallout from the Bill may be, it is vitally imperative that people remember every juvenile accused of committing a crime is entitled to a defense, without question.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

http://www.theledger.com/article/20130716/NEWS/130719456?p=1&tc=pg

The article refers to my DUI case that brought to light some of the problems with the DUI arrests being made by Lakeland Police Department officers.  You can read about that case on my CASE RESULTS page here:

http://www.flcrimedefense.com/case-results/

If you are looking for a criminal defense attorney that will thoroughly investigate call me!

Thomas C. Grajek

Experienced criminal defense trial attorney

863-688-4606

This Florida case looks bad at the outset, but we need to remember that not everything may be the way it looks. Not to mention that according to the Constitution, everyone is considered to be innocent until proven guilty, not the other way around.

In this instance, there was allegedly a text-message liaison between a high school band director and one of his students. According to the evidence, the texts turned to sexting, and eventually making out, during school hours. It was not just the trysts that made the situation look bad, but the additional fact that the participants, 33-years-old and 17-years-old (at the time) were smoking marijuana while engaging in intercourse and oral sex at the school and the teacher’s home.
When arrested, the man was held in lieu of a bond at the Broward Main jail. He was charged with one count of contributing to the delinquency of a minor and four counts of sexual assault. The teen advised police she and her teacher had sex on at least four occasions between 2011 and 2012.

The man’s defense counsel has indicated the relationship was consensual, with no force involved. It also has to be considered whether or not the teacher was indeed the person who sent raunchy texts to a student and whether or not he was laboring under the impression that the student was older than she may have appeared. Even though the teacher was charged does not mean he will be found guilty or that his case would even make it to court.

The vast majority of sex crimes carry mandatory sentences of a minimum of 25 years and the accused, if convicted may be designated a sexual predator or sexual offender, and be required to register with the State of Florida.

Sex crimes and those charged with them are held up to different rules of evidence. In other words, sex crime cases are not like other criminal cases. While this does make them difficult to defend, there are always ways an experienced Lakeland criminal defense attorney can mount a solid defense.

Never assume a person is guilty just because they have been charged with something. It may turn out the wrong person was charged, that they never did do what they are accused of doing or were falsely accused by someone wanting to settle a score.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The Daubert rule has been codified in Federal Rule 702 “TESTIMONY BY EXPERT WITNESSES” which states:

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

Basically, Daubert makes the judge the “gatekeeper’ in determining whether scientific evidence is admissible in court.  The Daubert test is designed to broaden the judge’s authority to admit evidence that was not acceptable under the Frye test, because, although credible, the scientific evidence was not generally accepted.

This will allow criminal defense attorneys to challenge scientific evidence under the new standard such as field sobriety tests.  It will also allow defense attorneys to potentially get evidence into court that was previously inadmissible such as lie detector tests.

Science is increasingly playing a major role in criminal cases.  This includes DNA evidence, fingerprints, arson, forensic computer analysis, shaken baby syndrome, hand writing analysis, etc.  One reason why shows such as “CSI: Crime Scene Investigation” are so popular on TV.  Because of this, I attend national seminars on forensic sciences so that I can keep up with the latest developments and case law regarding scientific evidence.  Not only did I just attend the National Association of Criminal Defense Lawyers’ seminar “Making Sense of Science VI”, this evidence is so important I ordered the DVD of the seminar so that I can refer back to it when I need this information to defend my clients in court.  Many criminal defense attorneys and prosecutors are unaware of this major change in the law.

If you have been arrested and your freedom or career is in jeopardy, you need an attorney that knows the law defending you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION 

Thomas C. Grajek  863-688-4606

Florida is taking a tougher approach to juvenile crime by fostering a bill that would make it mandatory for children and their parents or guardians to pay out for damages caused by juveniles who committed a crime. The major thrust of the bill is to make parents in the Sunshine State shoulder more of the responsibility for their children’s actions.

The House Bill, Bill 0785, would wipe out provisions excusing parents from their children’s offense, in some situations, and remove duplicate language relating to a parent/guardian being responsible for any court order to pay restitution. Aside from those housekeeping items, the Bill also comes down hard in terms of penalties for parents who do not pay up —- by possibly having a lien placed on their home or having their driver’s license taken away —- pretty serious stuff compared to the way things were.

The one thing many people seem to be missing is that a juvenile is still entitled to a well thought-out and solid criminal defense. There are many reasons why a juvenile may have become caught up doing the wrong thing at the wrong time. They may have been led into committing a crime by someone else. The crime may have happened on the spur of the moment, without much thought. The accused may not be the true perpetrator. In short, juveniles are as much entitled the services of a criminal defense lawyer as is an adult in a similar situation.

They have rights, and those rights need to be upheld in the most vigorous manner, by a skilled criminal defense attorney who understands the juvenile system and what is and what is not possible in terms of defending their client. Evidently that is not the only thing the Bill has overlooked.

It appears that parents are going to be made responsible for children they had no success or luck in controlling or getting them to change. For those who have raised teens, they understand without being told, that a teen is a law unto themselves and listening to their parents is not on their dance card. It is peer pressure that drives a teen’s formative years. Nonetheless, no matter what the fallout from the Bill may be, it is vitally imperative that people remember every juvenile accused of committing a crime is entitled to a defense, without question.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

This Florida case appear unseemly, but we need to remember that not everything may be the way it looks. And, according to the Constitution, everyone is considered to be innocent until proven guilty, not the other way around.

In this instance, there was allegedly a text-message liaison between a high school band director and one of his students. According to the evidence, the texts turned to sexting, and eventually sexual contact, during school hours. Not only were there incidents of sexual contact, but the 33-years-old educator and 17-year-old (at the time) student were also smoking marijuana while engaging in intercourse and oral sex at the school and the teacher’s home.

When arrested, the man was held in lieu of a bond at the Broward Main jail. He was charged with one count of contributing to the delinquency of a minor and four counts of sexual assault. The teen advised police she and her teacher had sex on at least four occasions between 2011 and 2012.

The man’s defense counsel has indicated the relationship was consensual, with no force involved. Going forward, it will need to be considered whether or not the teacher was indeed the person who sent sexually explicit texts to the student and whether or not he was laboring under the impression that the student was older than she may have appeared. Even though the teacher was charged does not mean he will be found guilty or that his case would even make it to court.

The vast majority of sex crimes carry mandatory sentences of a minimum of 25 years and the accused, if convicted, may be designated a sexual predator or sexual offender, required to register as such with the State of Florida.

Sex crimes and those charged with them are held up to different rules of evidence. In other words, sex crime cases are not like other criminal cases. While this does make them difficult to defend, there are always ways an experienced Lakeland criminal defense attorney can mount a solid defense.

Never assume a person is guilty just because they have been charged with something. It may turn out the wrong person was charged, that they never did do what they are accused of doing or were falsely accused by someone wanting to settle a score.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

A DUI lawyer that is trying to win your case and get the charges dismissed will do a number things on your behalf.  The most important is to file Motions to Suppress in your case.  This is where an attorney requests that the court throw out evidence against you in your DUI case.  Each piece of evidence that is excluded, so that the prosecutor can not use it against you in court, strengthens your defense to the charge.  If enough evidence is thrown out, the case can be dismissed.  To be aggressive an attorney needs to investigate your case, the scene of the arrest, and breath test machine used in your case to determine whether the Intoxilyzer was working properly when you took the breath test.  Always ask the attorney you are considering to defend your case what motions they have filed, when, and how often.  Many attorneys do not file motions in DUI cases.

Yesterday, I argued a number of motions.  I was objecting to the stop of my client’s truck, whether the officer had the right to conduct a DUI investigation, and whether the officer had probable cause to arrest my client for DUI.  I also attacked the breath test machine and argued that the machine was not properly maintained and not functioning properly.  The breath test machine used in this particular case had numerous problems.  If the breath test is thrown out of court, it improves the DUI case tremendously.  After hours of testimony and grueling cross-examination of the officer and Agency Inspector for the Intoxilyzer by me, the court reserved ruling on the motions.  If we win the motions to suppress, the result could be a dismissal of the DUI charge.

If you are looking for someone to fight for you call an aggressive Polk County DUI lawyer.

Thomas C. Grajek – 863-838-5549 cell

I give my cell number out because you only have 10 days to request a Formal Review and only 3 days to request a booking video from the Polk County Jail.  Call NOW!

What exactly is jury selection or “voir dire”? “Voir dire” is the legal term for jury selection and is Latin which means “to tell the truth”.  Telling the truth is extremely important in jury selection.  Jury selection has also been called the ‘most important” part of a criminal jury trial.

Why is “jury selection” vital in a criminal trial?  Because this is where defense attorneys and prosecutors try and seat a panel of impartial jurors.  Jury selection is a science and an art that a defense attorney must be extremely skilled and adept at in order to get a person accused a fair trial and have a chance at being found Not Guilty.  A criminal lawyer must be able to get prospective jurors to open up and express their true feelings about issues being tried in a criminal case.  Everyone has their own experiences and biases that they bring to court.  It is up to the defense attorney to find out which jurors will be open to the defense to the criminal charge.  That is why it is vital that jurors tell the truth when being questioned during jury selection.  Without the truth about their biases, backgrounds, and experiences there is no way to tell if the juror is “fair and impartial”.  This is much more difficult than it sounds.  No one wants to admit that they may have prejudices or biases and an attorney must get that information out of them.  If the juror does admit that they may have a bias or a bad experience similar to the issue in the case, the juror often times wants to be seen as a good citizen who can put that bias or prejudice “out of their mind” and that they are a “fair” and bias free person.  But where are the going to put this bias?  It’s what makes them the person and juror they are.

Another danger in these types of high profile cases is jurors with hidden agendas.  Some citizens want to get on the jury for the fame and possibly to cash in after the trial.  A experienced criminal defense attorney who knows how to conduct jury selection will be very personable and know how to get people to open up and express their true feelings.

Jury selection is so important because if you do not have a sworn jury panel that is open to your defense, you can not and will not win your trial.  Unfortunately, people lose loved ones in tragic accidents, some of which involve alcohol.  If you are on trial for DUI and all the jurors deciding whether you were guilty or not guilty lost a loved one in a DUI or alcohol related accident, do you think you have a good chance of winning that trial?  Have you ever tried to get someone from one political party to switch and support the candidate in the other party?  Not a chance.  this is the same for jury selection.  If a juror is not open to a False Confession, self-defense, mis-identification, or whatever defense to the crime you have, you will be found guilty because the juror will never accept your defense.

That is why jury selection is key to the defense of your case!  You need a criminal defense attorney who knows how to pick a jury and studies the art of jury selection.  A criminal lawyer also must know the case law regarding jury selection and how to get the “bad” or biased juror off your panel.

If you have been charged with a crime,

call an experienced trial attorney that knows how to select a jury to defend you in court!

Thomas C. Grajek 863-688-4606

All felony and misdemeanor crimes defended.

Bail agents in Florida are regulated by Chapter 648, Florida Statutes and Chapter 69B-221, Florida Administrative Code.  A limited surety agent is the name of the license issued to bail bond agents in Florida.  Just as when an individual seals or expunges their record, a potential bondsman has to be fingerprinted and undergo a background check.  This is when having a criminal record causes problems for someone who dreams of becoming a bail agent.  Florida Statutes §648.34 states you may not be a bail bond agent if you have ever been convicted of a felony. Unfortunately, the restoration of your civil rights does not change your status and will not allow you to become a bail agent.

This is one example of why if you are arrested, you need an experienced criminal defense attorney fighting for you in court.  A criminal conviction can have a sever impact on your ability to realize your dream of becoming  a bondsman, doctor, nurse, dentist, lawyer, police officer, fireman, or a school teacher.  There are many things an aggressive lawyer can do to resolve your criminal charge to lessen the impact on your future.  There may be a defense to the crime you may not know about.  There may be motions to suppress evidence in your case if the police violated your constitutional rights which could result in the criminal charges being dismissed.  There may be a diversion program available to you that results in the criminal charge being dropped.  An experienced attorney can often negotiate a plea with the prosecutor to reduce the charge to a misdemeanor.

If you have been arrested, call a criminal defense attorney who knows the law and the consequences of a criminal conviction on your future.

CALL AN AGGRESSIVE POLK CRIMINAL LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

FREE CONSULTATION – YOUR FUTURE DEPENDS ON IT! 

Thomas C. Grajek  863-688-4606

Aggressive felony attorney representing all individuals arrested in Florida and Polk County.

I was asked to explain what happens in the criminal  court system.  This was a really great class of students.  We covered the entire process from arrest through an appeal of a criminal conviction.  Some of the topics we covered are:

• What if the police do not read me my rights?
• Do I have to talk to the police?
• Why should I talk to a criminal defense attorney before I talk to the police?
• I’m guilty, is there anything a criminal lawyer can do for me?
• Do I have to take the breath test?
• What happens if I refuse the breath test or field sobriety tests?
• Should I consent to the police searching me? my car? or my house?
• What happens after I am arrested?
• What must be done immediately after I have been arrested?
• What is a Pre-Trial Release program?
• What does the “intake division” do at the prosecutor’s office? How does having an aggressive attorney help a defendant?
• Will I go to jail? Prison?
• What is a “diversion program”?  How do diversion programs work?
• What is an Arraignment?
• Does a defendant have to go to all the court dates?
• What is a Motion to Suppress?
• How do I get my police reports? What is a “Demand for Discovery”?
• How are pleas in criminal cases negotiated?
• What is a “Motion to Suppress”?  What is the procedure to file a motion?
• Why is jury selection so important in my criminal jury trial?  Does  having an experienced lawyer matter?
• How do you cross-examine a witness or a police officer?
• How does a lawyer prepare and make a persuasive closing argument?
• What do DUI videos look like?  What other types of evidence is there in criminal cases?
• What is an appeal? How do appeals work?
• What is the jurisdiction of Florida courts and what types of cases does each court handle?

These are common questions that most people have after they have been arrested.  If you want answers to these questions call me and set your free consultation.

CALL AN AGGRESSIVE POLK LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

 Thomas C. Grajek  863-688-4606

Aggressive DUI, DRUG and SEX CRIME attorney representing all individuals arrested in Florida and Polk County, Florida.  Office – Lakeland, FL.

On Friday, a man was found guilty of second degree murder in Polk County.  One piece of evidence was a tiny piece of DNA evidence on the shirt at the crime scene.  This shirt was around the neck of the strangled victim.  As a criminal defense attorney, you need to know how to determine if this DNA evidence  is reliable.

• Was it the defendant’s?  Was the testing done correctly?
• Is the lab that did the testing accredited?
• Was there contamination during DNA testing?
• Is the prosecutor’s DNA analyst competent to testify about these matters?
• Is there another explanation has how the DNA could have ended up at the scene (transfer DNA)?
• What expert is available to come to court to explain your defense to a jury?

If you are facing a serious criminal charge and your case involves DNA evidence, you need an Polk criminal lawyer that keeps up to date on the latest issues in DNA testing, science, and the law.  Criminal defense attorneys have to educate themselves in these matters that make the difference between winning and losing your criminal case.  Always ask the attorney you are thinking of retaining for your criminal case how often they attend legal seminars.  Ask when was the last seminar the attorney attended? What was the subject matter and what issues did the seminar cover?

You need to have an experienced attorney attorney that knows the law, the science, and how to try a criminal case fighting for you in court.

Thomas C. Grajek  863-688-4606

Aggressive criminal defense of all felony, misdemeanor, sexual battery and DUI cases in Polk County, Florida.

The officers reportedly were still drinking alcohol 4 hours into their shift and never left the strip club.  The supervisors were having a hard time locating the officers.  Once they found them in the strip club, the two undercover plainclothes cops appeared “highly intoxicated.”  If these law enforcement officers had responded to the scene of a crime or high speed pursuit chase, it could have proven very dangerous for the public’s safety.

So what happens when law enforcement supervisors discover such an egregious violation or an officer’s duty to protect and serve?  Well, in this case, the undercover cops were allowed to have someone drive them home and no investigation was conducted!  Do cops let suspected drunk driver’s have a friend pick them up and drive them home or call a cab.  So, the officers level of intoxication was never taken through a blood draw or breath test to determine their blood or breath alcohol level.  And of course the internal affairs investigation concluded there was no cover up.

Eventually, an internal affairs investigation was conducted.  While this was going on, the suspected cops kept their jobs, but in an administrative capacity and kept being paid.  there was only one prior incident for Madsen in which the City of Tampa settled a lawsuit for $35,000.00 for shooting a man (holding a beer of all things) with a stun gun.

Everyday I am seeing more and more police officers being fired or disciplined.  I just blogged about this the other day at http://www.flcrimedefense.com/2013/05/off-duty-lakeland-police-officer-charged-with-battery-after-alleged-road-rage-incident/

Recently, FDLE reportedly began an investigation of Lakeland Police Department.  How can this affect your criminal case when you are disputing the allegations made by a police officer against you?  These internal affairs investigations can affect the officer’s credibility on the stand especially when it is the officer’s word against you, the citizen accused of a crime.  That is why I often file Public Record Requests to discover if there is something in an officer’s personnel file that may affect his credibility and improve the defense of your case.

That is just one example of what an aggressive criminal defense attorney does to fight for you in court!

CALL AN AGGRESSIVE LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND

FIGHT FOR YOU !!!

THOMAS C. GRAJEK – CALL NOW   863-688-4606

Battery is a very serious crime that carries up to 1 year in the Polk County Jail. The officer turned himself in to the jail and bonded out. Battery is considered a crime of violence and can have serious repercussions in background searches and a person’s ability to find a job or rent an apartment.

There are a number of defenses to this crime such as self-defense and defense of others. If you have been charged with this crime, you may be entitled to file a “Stand Your Ground” motion that could result in the criminal charges being dismissed. Many people have heard of these types of motions through the Trayvon Martin and George Zimmerman case. Many criminal defense attorneys do not file these in battery or Domestic Violence cases, but if there are grounds supporting such a motion I do. I am not afraid to stand up for my clients and put in the work and effort to fight for my client’s freedom and reputation in court!

CALL NOW AND SPEAK TO AN AGGRESSIVE POLK COUNTY CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION – EXPERIENCE COUNTS!

You will not have to drive to another county. Office – Lakeland, Polk County

Thomas C. Grajek 863-688-4606

The post Off-duty Lakeland Police officer charged with battery after alleged road rage incident. first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2013/05/refusing-to-submit-to-a-breath-test-can-be-a-separate-criminal-offense-in-florida/ Fri, 17 May 2013 08:17:43 +0000 http://www.seonewswire.net/2013/05/refusing-to-submit-to-a-breath-test-can-be-a-separate-criminal-offense-in-florida/ Many Floridians do not realize that refusing to take a breathalyzer test is considered a separate criminal offense. It is not a DUI defense. It may come as a shock to Florida drivers who are stopped for suspicion of driving…

The dram shop law states that victims of alcohol-related car crashes or other injury incidents can sue the bar, the restaurant and/or the staff if it is found that they have served alcohol to a noticeably intoxicated patron who they could have reasonably assumed would soon be behind the wheel of a motor vehicle. In Georgia, the statute has led to several lawsuits against restaurants and bars in Atlanta. A dram shop claim typically is in the name of a third-party who has been killed or injured in a drunken driving accident, when there is likelihood that the driver was overserved. The civil lawsuit claim is filed against the business or person that served alcohol to someone, with a resulting injury or death.

Georgia statutes substantially limit dram shop liability in drunk driving injuries; servers may be held financially responsible only if they served alcohol to someone noticeably intoxicated (which can be subjective), or to someone they knew would be driving a motor vehicle relatively soon after, or to a minor.

The dram shop law has successfully been applied outside of the bar and restaurants service; party hosts have also been known to face dram shop claims, as has, in one case, an employer who served his employees after hours, one of whom later was killed in a drunken driving accident. In 2011, the Georgia Supreme Court overturned a lower court ruling and stated that a convenience store was accountable for selling beers to a noticeably intoxicated man who then caused a fatal highway accident in 2004. Though the argument was made that the beer was not consumed on premises, the Court found that it was possible for the shop clerk who sold the alcohol to note the man’s level of intoxication and means of transportation.

There currently are thirteen states that do not have some form of the dram shop law on the books: California, Delaware, Hawaii, Kansas, Louisiana, Maryland, Nebraska, Nevada, Oklahoma, South Carolina, South Dakota, Virginia, Washington and Wisconsin.

Nathan Williams is a Brunswick personal injury lawyer, Brunswick divorce attorney, criminal defense and Brunswick DUI lawyer in Southeast Georgia. Visit Thewilliamslitigationgroup.com or call 1.912.264.0848.

While dropping insurance may seem necessary in the short term in order to meet other financial obligations, it could easily come back to bite them, should a large medical malpractice judgment force a hospital to declare bankruptcy. Many states do not require hospitals to carry malpractice insurance. In some area hospitals in Chicago, New York, Philadelphia and Florida, the cost of malpractice can seem prohibitive to hospital executives, so they gamble and hope there won’t be dire consequences if they forego malpractice insurance.

New York State Department of Health surveyed “self-insured” hospitals in 2009 and found that one dozen New York-based hospitals acknowledge that they did not carry malpractice insurance and instead were partially self-insured or had some mix of primary coverage and excessive coverage. In addition, several hospital administrators stated that the house physicians had their own, subsidized insurance.

When they do not have malpractice insurance, some hospitals have a separate reserve of funds with which they plan to cover claims, but according to The New York Times, several hospitals investigated did not have sufficient funds in case of a large malpractice judgment, while two had no funds set aside at all.

Hospitals are cutting costs in other ways too, which sometimes means an actual denial of services. In Ohio, for example, some smaller hospitals no longer offer obstetric deliveries due to rising costs; malpractice insurance for obstetrics is particularly high. According to the Ohio Department of Health, there are 23 counties in Ohio that do not offer maternity units in their hospitals, with 19 separate hospitals no longer offering maternity services since 2004.

When an uninsured hospital becomes bankrupt, the creditors—which can include malpractice plaintiffs—often find they are unable to do anything but accept less of a payment than they were awarded via litigation.

Nathan Williams is a Brunswick personal injury lawyer, Brunswick divorce attorney, criminal defense and Brunswick DUI lawyer in Southeast Georgia. Visit http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.

This reported case is another example of a death that should have never happened. The admissions staff at Western Carolina University did not take the time to properly read each student’s admission form. Because they did not read the forms closely enough, a young football athlete died.

The wrongful death lawsuit filed by the young man’s family pointed a finger at the university and the coaching staff, stating that they were negligent in regards to the death of their son.

The young man was only 20 years old when he arrived at the university and played as a defensive back. He was told by the university doctor that it was ok to take part in weightlifting and conditioning drills without any limitations. One day later, the young man died during practice. Autopsy results showed he died due to acute lethal cardiac dysrhythmia with other contributing factors such as sickle cell trait and overexertion.

The lawsuit stated that his admission questionnaire relating to athletics indicated he had sickle cell trait. The student signed that form as did his mother. Thus, the university doctor and coaches knew or should have known he had sickle cell trait. Oddly, the university denied the allegations in one breath, and then in another, said the student had completed a form that listed sickle cell trait, which raises the question why they did not make themselves aware of what the disease meant to their athlete.

In this case, the student’s workout was weight lifting, 160 yards of striding two 60-yard sprints, two 70-yard sprints, two 80-yard sprints and two 90-yard sprints. He got into trouble on the last of his 90-yard sprints and subsequently collapsed and died.

When an athlete with sickle cell trait trains intensely, the red blood cells form into a shape like a sickle, which blocks the flow of blood to the muscles, causing lactic acidosis and ischemic rhabdomyolysis with hyperkalemia. The acidosis directly affects the heart by causing ventricular fibrillation, causing a heart attack. While athletes with this condition may play sports, there need to be the right kind of accommodations in place for them to deal it such as longer recovery times between repetitions, a gradually increasing drill time and oxygen on hand.

Will this family succeed in their wrongful death lawsuit? There is a good chance that they will, as the evidence shows the university: failed to make sure coaching and medical staff knew about and understood what exertional sickling was and how to work with it; failed to tell the student how to train safely; and failed to put safety measures in place, among other things.

Families that lose a family member like this should seek legal counsel in the form of an experienced Atlanta personal injury lawyer. Wrongful death lawsuits are civil cases and subject to a statute of limitations. Calling an Atlanta personal injury attorney as soon as possible will mean justice may be served promptly.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Dermatology is not an area of medicine where there are a lot of medical malpractice lawsuits, but they do happen, and when they do, the jury awards in cases like this can be quite high. For medical professionals, including those who practice dermatology, it is vital to clearly communicate with a patient about any treatments or procedures to be undertaken to avoid a lawsuit. If a mistake is made, you need to own up to it and make it right.

While that may not stop a lawsuit being filed, it may mitigate the outcome if the plaintiff has received an apology and the doctor has attempted to make amends. In many instances, all a patient that has been harmed wants is an acknowledgment from the practitioner that they messed up. Saying they are sorry, explaining what went wrong, and attempting to clearly inform a patient goes a long way toward preventing a problem from careening out of control and landing in court with hard feelings on both sides of the courtroom.

Certainly the question of whether or not harm to a patient was caused by medical negligence is an issue and for that reason, should you feel you have a case, speak to a skilled Atlanta personal injury lawyer. Medical negligence or malpractice happens when a doctor (or other medical professional) commits an act of negligence that breaches his or her duty to a patient. Additionally, there must be a direct causal link between the mistake/breach and the harm caused and it must also cause financial harm to the victim.

While many doctors are outstanding physicians with a good track record, there are those that also have a questionable track record putting their patients at risk, injuring them or killing them as a result of a medical error. Dermatologists rarely get slapped with medical malpractice lawsuits, but that still does not lessen the standard of care.

In fact, recent statistics released by the Physician Insurers Association of America show that the practice of dermatology only had a 1 percent rating for closed malpractice claims and a 1 percent indemnity for all medical specialties in 2010. That being said, even though the lawsuit rate is lower, the settlement rate and jury awards tend to be higher. Jury awards for medical negligence in melanoma cases where dermatologists misdiagnosed or mistreated are often higher because they are more serious than other procedures they perform.

Typically, other procedures they carry out on patients are largely aesthetic, and as such, have little value in terms of malpractice claims. This is because when assessing a malpractice claim, the seriousness of the mistake is taken into account in combination with how the error affects a patient’s ability to work. If a procedure is largely cosmetic and went awry, awarding damages for lost work is sometimes difficult. This is not to say that it cannot be done, but juries do tend to view cases like this in a different light.

For those who have had a bad experience with a dermatologist, make a call to an Atlanta personal injury lawyer for advice to get various options on how to proceed if your case is solid.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

This case really points out the denigration of plaintiffs claims with the application of medical malpractice caps. What happened in this instance is that the mother of Mr. Doe filed a lawsuit stating that the nursing home where she was staying killed her by not giving her enough food and water for a period of three weeks. How horrendous is that?

In addition to this fact, the mother also suffered from dementia. Mr. Doe’s mom was 87 years old and met her death because the aides did not keep her properly hydrated. You do not need a medical license to provide a person with basic needs such as water.

When this case got to trial, the jury was rightfully horrified and handed down a $91.5 million award, which the nursing home is planning to appeal on the grounds that the amount may be subject to the state medical malpractice cap of $500,000. In other words, the jury award of $91.5 million for an egregious case of negligence, may be reduced to $500,000 in non-economic damages. Does this seem fair, given the facts of the case? Many would say no quite emphatically. It is obvious the jury thought it did not take an advanced degree to make sure someone got enough water on a daily basis either.

The man’s lawyers are aiming to keep the jury award as is by pointing out that the nurses aides at the nursing home are not considered to be health care providers as defined in the medical malpractice cap definition. Certainly this is an issue for the court to decide on, and if successful, this may open another avenue for medical malpractice cases to be treated with the respect and financial compensation that they deserve.

Medical malpractice cases are often very involved and complex, and certainly need the qualified assistance of an Atlanta personal injury lawyer. If you think you are the victim of medical malpractice, or your senior relative is a victim, get in touch with an experienced Atlanta personal injury lawyer and find out what you can do.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

It may sound incredibly simple to just state that medical malpractice lawsuits can be frivolous. This however, comes from a point of view of someone who has no idea what it involves to take a medical malpractice case to court. The enormous amount of time needed to vet a medical malpractice case, study the patient records, line up expert witnesses, and more instantly signifies that a case is not frivolous.

Medical malpractice lawyers do not waste their time on cases that are merely bad outcomes with a doctor. They do however, take cases that involve medical negligence that harmed someone permanently, and they take a case because they know it has merit, and the court needs to hear it. Lawyers are also seeking justice for the patient who ended up with a life they no longer recognize as a result of medical malpractice.

If you do not believe either side of the hot debate over tort reform, take some time to track down and read the study published by the New England Journal of Medicine a few short years ago. It has information in it that will pique your interest. In particular, it answers the question regarding how many patients bring a medical malpractice lawsuit.

The basis of the study involves five malpractice insurance companies across the U.S. and examines 1,452 different claims. The claims include medication errors, surgical errors, obstetrical mistakes and other issues such as delayed or missed diagnosis. Those are the main areas that comprise roughly 80 percent of all of the medical malpractice claims in the U.S. today.

Perhaps the most interesting fact gleaned from the statistics is that filing a claim and the subsequent litigation tends to show whether an error really did occur. In other words, it is not so much that lawyers take shaky cases to court, but that it is becoming increasingly difficult for plaintiffs and attorneys to figure out what really happened to the patient before a claim is filed. This has a down side as you can imagine, in that medicine is becoming more and more complex, thus increasing the number of chances for something to go wrong. The question then becomes how it went wrong and who caused the error.

Overall, the researchers in this study concluded that the oft-used political cry of frivolous lawsuits is exaggerated. What seems to be the real issue is that when a case did land in court and the dust settled, there was no medical error. That means the attorney took the case in good faith and was certain there was an issue to be settled. Only later when all the documentation was on the table for examination did it turn out there was no medical error, but instead a bad outcome without doctor negligence. The statistics are very clear though that the major portion of malpractice costs were spent litigating and paying for errors that did happen.

The other interesting find is that the justice system does a good job of booting out medical malpractice cases that have no merit. In other words, if the system really has a glitch in it, then the glitch is in favor of the plaintiff (arguably a good thing).

There is no question that litigating medical malpractice is expensive, but one way or the other, they bring justice where it needs to be served.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

This reported case involved the wrongful death of a man by a defective car jack. To be more precise, a scissors car jack that was woefully inadequate in holding up the weight of the car the man was working on. The jack gave way and the vehicle landed on the man’s head, crushing it instantly.

The family chose to file a wrongful death lawsuit against Ford Motor Company for making a defective jack that could not bear the weight of the vehicle. The case told a heartbreaking story of their husband and father, attempting to make repairs to the family Ford Windstar minivan. He used the scissors jack, an original piece of equipment that was made to go with the van. He was working on the right side of the van to remove the right front tire.

He was a careful guy and took the time to put chocks behind each tire, made sure the van was on a flat surface and put the jack in precisely the location indicated in the vehicle manual. The jack failed, dropping the van on his head. The lawsuit stated that Ford, the defendant, was negligent, had sold a defective product, and was accused of a manufacturing defect, design defect, marketing defect, misrepresentation and breach of implied warranty of merchantability.

The suit also contended the scissors jacks that came with the vehicles were badly constructed, far too short and were not capable of lifting the weight of the van. The lawsuit asks for damages for the deceased’s physical impairment as a result of the van dropping on his head, for the sheer agony he endured, the mental anguish he felt, the medical bills, the death expenses and funeral costs. As a family they are seeking damages for pain and suffering, loss of income, loss of consortium, mental anguish and court costs plus interest.

Will the family win this case? There is a good chance they will, given the nature of the evidence. If there is further proof that the jack sold with the van was defective, the jury will likely award the family a decent settlement. This wrongful death lawsuit will not be easy for the family, who saw what happened the day of the accident. They fought back the horror of the injuries to help their husband and dad, realizing that he was in serious trouble. Despite their hopes, he did not survive this horrific trauma. His family now needs financial compensation to be able to move forward with their lives.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Unfortunately, there is a prevailing myth that lawyers are ambulance chasers and take frivolous cases to court to get paid big bucks. There are a number of things wrong with that thought. First, most lawyers do not chase ambulance for business. Most of them have more than they can handle at any given time. Secondly, while there may be some cases that seem questionable on first blush in terms of being successful in court, typically, a lawyer takes a case because there appears to be merit in it and/or a point of law.

As for making big bucks, that is not the case. Many lawyers get a portion of a settlement on winning for a client; a portion that goes right back into the firm to help it represent other clients who need them. Granted big cases sometimes have big wins, but it should be remembered that a big firm with a big case and a big track record for winning, will also have big office overhead.

But back to the concept that lawyers need to change how they are perceived. There may well be some truth in that observation. The law professor went on to point out that not much time is spent preventing problems in the justice system, because everyone is too busy protecting their behinds. How does that impact on lawyers? If you want the justice system to work in any given state, the money to do that has to come from the legislature. If the legislature perceives lawyers as money-grubbing talking heads out just for fame and fortune, state courts will continue to face underfunding and staggering case loads.

Justice is needed at all levels of the legal system, but as it exists right now, the middle class are slammed between a rock and a hard place when it comes to medical malpractice lawsuits. In many states, there has been med mal caps implemented that are designed to cap damages for victims of medical negligence. For those plaintiffs who are so severely injured that they need care for the rest of their lives, capping medical malpractice damages is an outrageous travesty of justice.

What is even more frightening is that there are also some states that are currently contemplating bringing in a loser pays law. Think about that for a minute. The seriously injured victim goes to court with a medical malpractice case and for some reason, the case is lost. The loser pays approach would mean the victim would pay the price, twice. Once as a victim of medical negligence and for the second time as a severely injured victim who lost a court case. And the victim gets huge sums of money from where?

What is happening here is that these kinds of restrictive laws are trying to scare victims away; victims that don’t have the ability to access money to pursue a valid claim in court. What does that say about the justice system?

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

In this case, a medical doctor was sued for wrongful death and malpractice in the death of a well-known professional golfer. The father of the deceased, on behalf of her estate, filed the complaint. After a year-long investigation into the suicide of the young woman golfer, the father indicated in his lawsuit that he felt the doctor was directly responsible for his daughter’s death because of what he did and did not do; meaning he did things he should not have done and did not do things he should have done.

Evidently, although the woman also played golf with the doctor named as defendant in the lawsuit, she was also a patient of his. He was the last person to see the woman alive, and even though he called 911, he removed all drugs from her premises and also took her suicide note. The woman had been on multiple prescription drugs, including anti-anxiety meds, pain meds, and cough and headache medications. The coroner ruled her death a suicide due to asphyxia and the overload of drugs she had in her system at the time of her death.

The doctor pled guilty to obstruction of justice for taking evidence from the scene and was sentenced to a year’s probation and 40 hours of community service. None of this would bring the young woman back, and the family, hoping that this would never happen to anyone else, chose to file a wrongful death lawsuit on the heels of the man’s criminal conviction.

Wrongful death is not usually about getting even with the person or persons involved in the death. It is usually about the family not wanting anyone else to experience what happened to their loved one. It is about closure and moving forward in the memory of the deceased. It is also about insurance money that will help the family cope financially and be able to get on with their lives. They have sustained a significant loss emotionally and psychologically with the death of their daughter. They need not also suffer a financial loss to compound their devastation.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

If you stop to think about it, one of the main things that keeps society functioning and on track is business law, especially business transactions, contracts, agreements, the building of new companies, corporations, etc. Governing all this commerce is business law; call it overseeing the world of business if you will.

Without business law in place, the world would be a much tougher place to regulate and run because there would be no contracts and no one to uphold contracts and hold people to their word. It would mean business would run without any repercussions or consequences for those who did not live up to their promises. Unfortunately, even though a lot of people would follow through on their promises, they are just as many more who would rip the system and others off. This is why you need business law.

You may know business law as commercial law. Its usual definition is that it governs business and commercial transaction and is a branch of civil law, handling issues in the public and private sectors. Under this umbrella you will find an enormous range of legal issues and lawyers that deal with things like white-collar crimes (a criminal issue, not civil) and insider trading.

On the other side of the business/commercial law fence you would have corporate contracts, hiring practices and the manufacture/sales of consumer goods, etc.  When dealing with contract law, unarguably the largest arena in business law, you would typically be writing contracts, supervising their signing, ensuring they are worded correctly and filing a lawsuit if there is a breach of the contract. Just about everything we do today involves a contract of some sort, whether it’s buying a house to renting a carpet cleaner.

When it comes to hiring, this is one of the trickier areas of law, particularly if a business has to let an employee go. In situations like this, if you do not have a carefully worded hiring/firing policy, you could be open to a lawsuit for wrongful dismissal. Even with a handbook in place, you may still have legal issues. This is why you need the advice and counsel of a skilled Atlanta business lawyer.

Then, consider the world of manufacturing. It is not just the company that makes the product that has a part in the chain of commerce; there is also the designer, the shipper and the seller. Each link in the chain has contracts with the other links in the chain, and so it goes. Although they are largely invisible, those contracts are what glues everything together; keeping industry and commerce running smoothly and accountably.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Medical malpractice is a highly controversial subject in America. On one side of the fence there are those who feel the damages awarded in a med mal case should be capped at a certain figure. On the other side of that same fence are the proponents in justice for the victim of medical malpractice. This particular case is one of those kinds of cases where justice for the victim should be paramount, but given med mal damage award capping, the innocent child victim may not have what she needs to move forward with her life.

This case made headlines across the nation for its inconclusive financial outcome for the victim. Ultimately, the jury in the case awarded the family $19.2 million to care for their blind daughter with cerebral palsy. The now three and a half year old was born prematurely in 2007, and for some reason the hospital gave her a dose of nutrients that was 100 times what the amount should have been.

That mistake sent the baby into cardiac arrest and caused other serious side effects, including cerebral palsy and blindness. The devastated family chose to file a medical malpractice lawsuit against the hospital. Their daughter would never be the same again and will remain in a wheelchair and need diapers for the rest of her life. She will never be able to feed herself.

The hospital argued in court that the reason the baby went into convulsions was due to her being premature. The jury did not agree and awarded the family $19.2 million. However, since the family lives in a state where there are liability caps, the award may be limited to $200,000. It is a struggle to think that would be fair compensation in a case like this.

Not all states have med map caps so before you choose to file a medical malpractice lawsuit, it is a wise investment of time to consult with a skilled Atlanta personal injury lawyer. You will need to know your rights, whether or not there is a med mal cap in your state, what documents you will need to move forward and what damages you may or may not expect. Do not wait too long, as there is a statute of limitations on medical malpractice cases; another thing you need to discuss with your Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

While you would like to believe that everyone out on the road is careful, cautious, alert and paying attention to what they are doing while driving a large and potentially deadly vehicle, that is not always the case. Consider the circumstances involved in one really bizarre case where a woman relied on her global positioning system for instructions instead of paying attention to where she was. The result was an accident that could have been avoided.

Sure, GPS systems have their place in driving, but what if the GPS system, as may be the case here, is not accurate? If you are not watching where you are going and what you are doing, you too could have an accident, and not necessarily a minor one.

You may recall the story of a woman who was walking while distracted and followed the instructions of a GPS to take a route right down the middle of a freeway to get to her destination. She was hit by a car. Walking while distracted and driving while distracted have the same potential to be deadly, the same potential to result in personal injury accidents and the same level of personal distraction that has a serious impact on others.

In the case of the driver relying on a GPS system that provided erroneous directions, the woman was on her way to her daily workout and made a left turn when she was told to by her GPS. What happened was, instead of ending up in the parking lot of the gym, she turned left into the path of another car.

The accident was bad enough that both drivers needed to be treated for injuries. She was two-tenths of a mile from where she should have been and incurred physical injuries to her body and complete embarrassment over how those injuries were inflicted.

Luckily, the GPS driver in this story was not seriously hurt, but then again, the jury may still be out on that issue, as seemingly insignificant injuries often turn out to be worse than they look. As for the whole story itself, either you believe the GPS did the deed of providing lousy instructions that caused an accident or you believe that the woman just was not paying attention and caused the accident without the help of the GPS. Should this case go to trial, the outcome may be interesting.

For accident victims who have been in a crash and sustained personal injuries as the result of someone else’s negligence, make it a point to discuss your case with an Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

To get a better idea of what the term personal injury accident means, think car wreck. It is the best example of the personal injuries you may sustain after being hit by a negligent driver. Personal injuries may cover a multitude of things, such as whiplash, air bag injuries, broken bones, crush injuries and amputations.

Consider the case of the man who lost his leg after being hit by a passing car. The victim was pushing his SUV off to the side of the road because he ran out of gas. As he was pushing it, a 25-year old woman driving a Nissan Ultima hit him. As a result of the collision, one of the man’s legs was severed.

Thankfully, another motorist put a tourniquet on the man to stop the bleeding until EMS crews arrived. He was taken to the nearest hospital for medical assistance, as was the driver of the car that hit him. The police report did not indicate any charges had been laid, but they were calling for further investigation into the matter. There are many unanswered questions in this scenario, not the least of which is what was the female driver doing at the time of impact?

Was she paying attention to her driving? Was she speeding? Was she texting or under the influence of something? All these things need to be figured out in order for the case to move forward and for the man to be able to sue the female driver for compensation for his medical bills and his catastrophic, life-altering leg amputation.

If you have been in a similar situation and do not know who to talk to about compensation for your personal injuries, make it a point to connect with a seasoned Atlanta personal injury lawyer. These types of situations are not cases where the plaintiff can act pro se (on their own), or they run the very real risk of missing out on money they are legally entitled to as a result of their injuries. For catastrophic injuries like amputation, the awards tend to be higher.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Not too many people have had the distinction of falling down a manhole, but is has happened and the consequences can be quite disastrous. Most manholes are covered, but in this particular case that we read about, the manhole was not covered and an 11-year-old girl fell just about 15 feet. She was trapped for 30 minutes before fire crews were able to get her out.

Once lifted to the surface, she was airlifted to a children’s hospital to check her over. She apparently did not receive any life threatening injuries and was released to recover at home. Nobody seems to know why the manhole cover was out of place, though there is speculation that a snowplow blade was the culprit. The city and the police are investigating the situation further.

While this case may sound like a fall where the young girl did not hurt herself, you have to consider that she fell 15 feet and landed on pipes and concrete. Injuries that may not be visible are a high risk in cases like this. For instance, she may have sustained spinal cord injuries that may not manifest themselves until later or she may also have cracked ribs or other bones – a fact that could go unnoticed at a hospital intently looking for more serious injuries and missing the not-so-obvious ones.

In any slip, trip and fall case, it is a good idea to discuss the case with a qualified Atlanta personal injury lawyer and find out what your rights are, what you do if the child’s injuries are worse than first thought, how to file a personal injury lawsuit and what to expect should your case go to court.

Injuries as the result of negligence (the missing manhole cover) may mean the city is liable/responsible for the child’s medical bills and other expenses relating to the accident. The first consultation with a an Atlanta personal injury lawyer is free and the advice if often priceless, when it provides you with the peace of mind that if your child’s injuries are more serious than first thought, you know what to do.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

When people get up in the morning and head off to work, they expect they will be home for supper later. In this case, the man who went to work at a sand plant construction site would never come home again. He was killed in a workplace accident.

The man was standing on a cement wall when it suddenly gave way and trapped him underneath it. He died due to compression injuries to his head and chest. Three other workers were also hurt in this accident.

Sudden deaths like this leave the family affected in deep shock and grief. They have to somehow come to grips with not only the loss of their family member, but also the loss of the income that person contributed to the home. Without that funding, the family would be financially strapped and likely unable to pay their bills.

One way of recovering compensation for a wrongful death is to file a wrongful death lawsuit with the assistance of an Atlanta personal injury lawyer. Since wrongful death lawsuits are civil suits, they are tried in a different court than criminal cases. In this case, the investigation will need to determine why the cement wall collapsed. Was it defective? Made with poor materials? Did the people who erected the wall know the cement was flawed in some way and would not hold up later? Was it mixed improperly and missing critical ingredients?

In terms of investigations, it would take some time for all the facts to be gathered and assessed. This is one of the jobs that an Atlanta personal injury lawyer does; sifts through the details of the accident to determine what happened. If there is negligence involved, this will form the foundation of a wrongful death lawsuit to recover compensation for the family.

There are a number of things involved in a settlement or award for a wrongful death: The way the deceased handled their finances while living, their income had they lived, medical and funeral expenses, pain and suffering prior to death and the pain and suffering of the family.

There are other factors involved, but they tend to vary from state to state. If you have a wrongful death case, it is best to discuss the details with an experienced Atlanta personal injury lawyer and find out what rules are applicable in Georgia wrongful death cases and what other factors may be considered in that state.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

This case was as troubling as it was upsetting for the mother and the rest of the family. The mother was at an Army hospital and in labor. The doctor delayed performing a C-section and, as the result of oxygen loss to the baby’s brain at birth, her daughter was born with cerebral palsy.

There was a midwife present at the birth who urged for a C-section, but the doctor kept insisting that the mother keep pushing. The baby started to display breathing problems shortly after birth and spent more than a month in an incubator. The mother opted to file a personal injury lawsuit but the hospital and the doctor denied they had done anything wrong when the case got to trial. The jury did not agree with the defense’s arguments and subsequently awarded the plaintiff a $6 million settlement.

Birth injuries are traumatic for the baby and the family, as they are often considered life-altering or catastrophic injuries; injuries that will forever change a person’s life. When a child is born with cerebral palsy, they will always need some kind of care for the remainder of their lives. Hence the larger damage awards handed down in case like that.

In order to file a medical malpractice lawsuit, there needs to be negligence present; the kind of negligence that another expert doctor would testify to in court as being below the standards of what other doctors would do. Not performing a C-section in a timely manner and thus putting the baby at risk for birth injuries would classify as medical negligence.

Based on medical negligence being proven, the nature and duration of the injuries tend to dictate the amount of compensation awarded by a jury. In this case, the child would need care for as long as she lived and the award reflected that reality.

If you have been in a situation like this, you need to speak to a highly trained Atlanta personal injury lawyer about your rights, what to expect at trial and what to expect in terms of compensation. These cases are not easy and take time to settle in an equitable and fair manner.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

These days, not everyone wants to get into potentially expensive litigation to settle a business disagreement. Many companies and organizations would prefer to do some thinking outside the box and try to get to the bottom of the disagreement, finding a way to deal with it first before hitting a courtroom. Alternative dispute resolution is becoming a very popular solution in today’s economy.

Depending on the environment and the people involved in the dispute in the first place, an arbitrator or mediator may do the trick. Mediators are neutral third parties whose aim is to reconcile the differences between two parties before they head to arbitration or litigation. On the other hand, arbitrators actually hear evidence and then decide the case. Their decision may be non-binding or binding, depending on what the parties to the dispute want to accomplish.

Either route taken does stand the chance, if not successful, of winding up in court. To this end, some parties like to hire a facilitator before starting anything. The reason for this is that the facilitator’s skills lie in making communications between the two groups better. Often, if the dispute is the result of a misunderstanding or miscommunication, the facilitator can get the train back on the tracks and re-establish respectful mutual communication.

For any of these processes, you will want someone who is objective and unbiased, without a hidden agenda and one that does not come to the table with statements already prepared. That’s never a good sign. The person chosen to hopefully settle the dispute also needs to have an abundance of tact, the ability to listen in neutral mode and be sensitive to the nuances of the group they are assisting. If that person also happens to be a lawyer, so much the better. Many business lawyers these days have this kind of training in addition to being a seasoned Atlanta business lawyer.

Most noncriminal disputes have a good chance at being resolved in mediation, more so if they involve leases, small business ownership issues, employment and contracts. Harassment claims are generally successfully resolved in this kind of venue as well.

Arbitration usually involves the arbitrator being judge and jury rolled into one, with the end result that they render a decision when the process is concluded. In other words, arbitration is much like going to court. Many arbitrators are lawyers, have legal experience or a legal education.

All in all, there are many alternative processes that may be used today to settle business disputes. When in doubt, speak to an Atlanta business lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Driving while under the influence is, unfortunately, more common that we would like it to be. For some reason, people who drink and drive think they are immortal. They also think nothing will happen to them and that it is safe to drive. It is not safe to drive and the statistics show a high number of deaths related to those who drink and drive – killing themselves and killing others.

DUI in Georgia is no picnic. Usually, the repercussions are losing your drivers certificate and driving privileges. Yes, you can certainly ask for a new one, but you will need a good DUI Atlanta criminal defense lawyer to get this done. He or she will be able to help you through the administrative driver’s license postponement process. Unfortunately, that also means you will be cited in one of two ways: with a per se violation or a less safe driver violation.

For the less safe driver violation, you are dealing with the police officer’s judgment at the time of your apprehension. In other words, there isn’t any scientific verification of the officer’s assessment that you were DUI. Their notes may show your speech was slurred, you reeked of booze, couldn’t walk a straight line, etc.

On the other hand, the per se violation is a proven fact; the fact that your blood alcohol content was over the official limit. What is the permissible limit in Georgia? In drivers over the age of 21, it’s .08 percent. Those over that limit face a variety of penalties such as 24 hours to 12 months in jail for a first offense. There may also be fines involved ranging from $600 to $1,000 and you may find yourself serving, at the very least, 40 hours of public service. There are a variety of other penalties, all of which need to be discussed with your Atlanta criminal defense lawyer in order to get the best possible outcome for your case.

Most criminal defense lawyers will tell you right upfront not to talk to the police and to say nothing until you make contact with a lawyer. The only person who needs to hear the whole story about what you were doing drinking and driving is the lawyer.

The main reason for this is that if you voluntarily start talking about why you were out drinking and what you were doing, this information will wind up in court later. If you do say things you were better off not saying, you significantly hamper your lawyer’s ability to help you mitigate the charges or get them thrown out. Also, it is best to remember that if you choose to continue to drink and drive and rack up charge after charge, the penalties get increasingly stiffer. Ultimately, you could have an ignition interlock device on every vehicle you own.

Think twice about drinking and driving in Georgia for two reasons; if you’re caught, your record will dog you for years to come and drinking and driving kills. Do you really want to become another DUI statistic?

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Did you know that there are not that many suspected med mal cases that actually make it to court? This is largely due to the fact that many patients don’t really know exactly what goes into making a med mal case versus what general complications of a medical procedure happen to be. In other words, they don’t know what really constitutes medical malpractice and what constitutes a general and likely expected complication of a certain treatment, procedure or surgery.

Knowing what the basics of a med mal claim are before you try to file one is a good idea, largely so you don’t waste time pursuing a case that isn’t a case. The first thing you need to know is that when it comes to figuring out if there is medical malpractice afoot is whether negligence was involved in your injury. You need to be able to show that the doctors or other medical professionals in charge of your care were negligent in their duties to you and because they were, they caused you harm.

The negligence we’re talking about here may come in many forms. The most glaringly evident one would be if a surgeon left a sponge inside your body after an operation. A far more subtle one would deal with misdiagnosis of cancer. In the case of a doctor leaving something in your body, you have a fairly solid case to work with, because there is plenty of evidence that shows the instrument or object inside your body. It is evidence like this that an Atlanta personal injury lawyer would use in court while representing a medical malpractice plaintiff.

On the other hand, misdiagnosis or failure to diagnose is a different can of worms. These are difficult cases to prov because the field of medicine is fraught with all kinds of what ifs, alternatives, diseases that mimic something else and human error. For a misdiagnosis, you need precise and very clear evidence that the medical professional didn’t recognize the signs of your condition and also failed to do something about it or failed to implement the proper or right treatment/medication(s) to deal with the issue. In cases like that, you will need an expert medical witness who combs through your medical history in depth and who will testify for you in court.

One thing you need to remember is that if the jury finds that a doctor did everything they possibly could to provide the absolute best outcome for your treatment or procedure, they will often find for the defense, even if your condition is not fixed. This is why you really need to speak to a skilled and competent Atlanta personal injury lawyer about your case. If however, there is obviously gross negligence in the handling of your case, this is another story altogether.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

In the Atlanta area, there are many professionals available to you, to be sure. But it is important that you choose an attorney who specializes in personal injury cases and who has the compassion, zeal and experience for the job. Personal injury accidents can be emotionally and physically demanding and the last thing you need to worry about is whether your lawyer will be working hard enough to secure the damages that you are seeking.

It is necessary that you act quickly and wisely in selecting someone to represent you to help you receive compensation for your injuries, lost wages, medical expenses, property damage and pain and suffering.

There are a seemingly endless number of lawyers who can represent someone and fight in court for their rights, but as a victim you need someone who takes your case as seriously as you do.

It may also be possible to secure punitive damages. Punitive damages, also known as exemplary damages, are awarded in cases where the defendant is deemed to have acted especially egregious or has a track record of taking the types of actions that have led to your personal injury. They are typically awarded by judges and juries.

With important compensation at stake, it is necessary that you secure the right attorney. Here are some tips for finding a good personal injury attorney:

-Ask for a referral from another lawyer you trust, from a friend or from a membership organization or state bar association.

-Make sure you interview your attorney during the initial consultation. Ask about his or her experience, whether or not the case will be taken on a contingent fee basis, whether he or she will be personally working on the case, how often you will receive progress updates on your case and anything else you need to know that will make you feel more comfortable with him or her.

-Select an attorney who specializes in your type of personal injury case. The more specific experience, the better.

-Ask for a written retainer agreement.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

However, the flipside to the story is that some patients have dealt with lasting injuries brought on by negligence and malpractice from surgeons.

What is LASIK?

LASIK, which stands for Laser-Assisted in Situ Keratomileusis, is a procedure that was developed about 20 years ago to combat astigmatism, myopia and other common vision issues. The surgical procedure is relatively simple and is undertaken by cutting a flap in the corneal tissue of the eye before a laser is used to correct the visual condition.

Typically, any complications disappear within a couple of weeks of surgery. Unfortunately, this is not the case for some patients. These patients have to deal with long-term complications ranging from pain to dry eye to light sensitivity to, in some cases, blindness.

How do you know if you have legitimate malpractice suit? Many of the complications have arisen not because of a botched surgery, such as an errant cutting of the flap in the corneal tissue, but because of poor pre-surgical screening. Some patients simply should not have been allowed to receive the procedure.

For example, people with thin or cone-shaped corneas are not good candidates for LASIK surgery, yet some patients were still OK’d for LASIK.

Complications from LASIK surgery can lead to a lifetime of problems and “visual exhaustion.” Sometimes victims can have difficulty driving or working as a result. Sometimes it affects their personal and social lives, too.

If you or someone you know has experienced a serious LASIK surgery complication, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Usually one of the first things that a criminal defense lawyer does when someone has been accused of committing a crime is to contact a private investigator. Ultimately, it is expected that this step will garner the accused the very best possible defense by finding additional facts and details pertaining to the case. But many defendants don’t know what the investigator does for them.

“More often than not, the private investigator digs deep to find hidden information about your case. They get a wide variety of facts from various sources, including using the computer to track files or a digital trail. These days, a necessary skill is the ability to tackle encrypted files, determine if passwords have been altered and/or if certain documents have been deleted. The 21st century has created an electronic milieu for everyone to conduct their activities. However, they leave traces of what they did and where they’ve been that may be tracked later,” said Robert Webb, of Webb & D’Orazio, personal injury lawyers practicing personal injury law, business law, and criminal defense in Atlanta Georgia.

A good detective looks at all the various angles of a case to see who else may be involved, who may be building a case against you, what they are looking for and any inconsistencies or holes the defense could utilize while in court. Public and private records are scoured from top to bottom in the search for evidence the defense may use. “And if we need a certain witness, the investigator will track that person down in order for us to build a solid criminal defense case,” Webb said.

While not all law firms use private investigators, they definitely have their use when it comes to helping a criminal defense lawyer build a good case for a person accused of a crime. Investigators work with witnesses, various types of surveillance equipment and work legally and ethically – or they could not present the evidence in court.

“If you need a tenacious criminal defense lawyer, give us a call. We’ve got your back and have ‘been there and done that’, so we know the system. Let’s talk about your case,” Webb said.

To learn more, visit http://www.webbdorazio.com.

Wrongful death is a bit of an unusual term, because there is no such thing as a death that is right. As awkward as it may seem, to understand what wrongful death is, you have to look at the bigger picture. When someone dies as the result of the negligence or inaction of another person or an entity, this is called wrongful death. It may sound simple on the surface, but it rarely is, as any Atlanta personal injury lawyer will tell you.

For those who have died at the hands of another, there may be fairly large damage awards for the deceased’s loved ones. Wrongful death has no particular niche. It strikes at anytime, anywhere and may be the result of a car accident, medical malpractice or even not maintaining property to ensure it is safe for others to visit. Another form of wrongful death may happen when a 911 call for help is not handled properly or promptly.

An improperly handled 911 call would involve the dispatcher handling the call in a negligent manner or being careless about the information he or she gathered and sent out. If someone dies as a result of those errors, the operator may be held liable for the wrongful death. One enormous oversight made by 911 dispatchers is not getting enough information from the caller.

For example, not getting the right address or all the details of the emergency situation may result in emergency responders going to the wrong location or not sending the right kind of emergency personnel to the scene. Not having a complete understanding of the severity of a situation a caller is describing may also result in an untimely and unnecessary death.

Take the case of the baby who had stopped breathing in a small town. The family called the dispatch center six times over a 15-minute period but the calls went unanswered. For some reason they were not going through to the dispatch center, either due to operator error or a technical glitch. Finally, the last call for help was answered by an operator in the next county. Unfortunately, the baby died while help was on the way. While there are several facets of this case to be delved into, the result was a wrongful death.

If you have any questions about how a wrongful death lawsuit is handled in your state, make sure you call and ask a skilled personal injury lawyer. While every state has a wrongful death statute, each state also has slightly different rules and regulations. If you live in Georgia, make that call to an Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Usually when the economy takes a turn for the worse, many businesses are forced to slash prices and push advertisements and flyers that say all stock is on sale and they’re closing out. What if a business could be restructured in such a way that tough economic times don’t bother them as much, and they may even able to ride out a recession?

This doesn’t necessarily mean restructuring legally, but instead, restructuring by being innovative and going with the flow. Instead of giving in to a recession, fight back by polling employees for their ideas to keep the doors open. Being innovative means using all avenues open to you, and that includes technology, employees and finding others with lots of experience with riding out rough spots to share their hard fought wisdom with you. It may also ultimately mean restructuring the company with the help of an Atlanta business law firm, but that is a detail you can attend to later.

What kinds of ideas would you need? Ideally, you want the drive and the will to make it through the rocky spots, and that means employees with ideas and innovations that are simpler, faster, shorter and more cost effective than what you presently have. Just because a business does things one way “because they always have done it that way,” doesn’t mean that way can’t be changed and stripped down to work better.

Certainly, it’s not just ideas that will allow a business to survive a recession, it’s also expansion. While that may seem surprising and counterintuitive, think about it for a minute. Take advantage of what is currently selling and improve upon it and expand it.

For instance: let’s say you have a dog training business that does basic obedience work. It’s popular, but you need a boost. You expand your services to include grooming, homemade dog biscuits, nail clipping, ear cleaning and pet sitting. You get the idea. Add services to what people already buy – a spinoff effect, if you will – and watch the revenue come in.

Above all else, be flexible with what you offer in terms of services and products. Partner with other businesses to offer customers an even greater level of service and spread the coin around. If you structure your business so that all your eggs are not in one basket, but each portion of your overall business can stand alone on its own, you have the recipe for success during a recession. It’s certainly worth trying.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Federal and State Drug Laws
Although in earlier times drugs were an accepted part of many religious rituals and were lauded for their medicinal effects, society’s view of drug use changed and the first narcotics laws began to appear in the early 1900s. In 1970, the federal government passed the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allows the United States Attorney General to add drugs to the schedules as necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.

The most severe legal restrictions and penalties involve Schedule I and II drugs as set forth in the federal law. Schedule I drugs are those with a high potential for abuse, with an absence of any medical use, and that are dangerous to the user even under medical supervision. The most well known of these drugs are heroin, LSD, mescaline, marijuana, and peyote. Schedule II drugs have a high potential for abuse and a high potential for severe psychological or physical dependency, but a currently accepted medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines. Schedule III drugs, by comparison have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. The most well known Schedule III drug is naline, which is used to detect narcotic use. Schedule IV drugs have less potential for abuse than Schedule III drugs, they have a limited potential for dependency, and they are accepted in medical treatment. These drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives. Schedule V drugs, which have a low potential for abuse, limited risk for dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.

Drug-Related Crimes and Penalties
The federal sentencing guidelines begin with forty-three base offense levels for drug charges and add or subtract a few levels depending on certain specified criteria. The higher the offense level, the harsher the sentence. The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. For instance, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. If the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight. Crack is a form of cocaine and is listed on the same schedule of controlled substances, but the quantity of crack needed to impose a certain sentence is much less than the quantity of powdered cocaine. A person convicted of the crime of delivering five grams of crack will receive a sentence in the federal system of five to forty years, for example, whereas to receive that same sentence on a cocaine charge, a person would have to be convicted of delivering 500 grams of powdered cocaine. It is essential for an accused to be represented by attorneys who have experience navigating these sentencing issues.

The crime of “simple possession” requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription. The government must prove that the offender knew the drug was a controlled substance and that he or she had either actual possession of it or other control over it, either alone or with another. The federal sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender, and a maximum of three years in prison for a third or higher offender. The sentence for possession of more than five grams of crack cocaine, however, is increased to a minimum of five years in prison, even for first-time offenders.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug, and the offender’s prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin will receive a mandatory minimum sentence of five years in prison, but possibly as many as forty years. Three crimes-distributing controlled substances to persons under twenty-one years of age, distributing controlled substances near a school, and causing persons under age eighteen to violate drug laws-are penalty-enhancement crimes for which the sentence is double or triple what it would otherwise be for distributing that particular amount and type of drug under other circumstances.

The offense of “continuing criminal enterprise” is charged when the defendant commits a felony drug violation as part of a continuing enterprise or scheme with five or more individuals, and from which substantial income is derived. The penalty is twenty years to life in prison, or even the death penalty if the offender intentionally kills another in the course of the enterprise.

Drug crimes carry harsh penalties, particularly under the federal law. If you have been charged with a drug-related crime, you could be facing time in prison-a frightening thought for most people. If your future is on the line because of a drug charge, do not hesitate to call an experienced criminal defense attorney, who will put his or her skill and knowledge to work for you at once.