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

Mike Williams allegedly told the police he was stabbed while he and his brother were “horsing around”.  However, other witnesses stated that the brothers were arguing that allegedly resulted in one brother stabbing the other.  In all likelihood, Mike Williams will probably sign a “Waiver of Prosecution” and ask that charges be dropped based upon his version of th events that night.  The prosecutor has discretion to decide whether to file charges and what criminal charges to file.  Because a knife and stabbing were involved, he was charged with Aggravated Battery with a Deadly Weapon which is a 2nd degree felony that carries a maximum penalty of 15 years in Florida State Prison.

This being a crime of violence and a felony, it can serious consequences beyond any prison time if charges are filed and he is convicted of this or any lesser criminal offense.  It can affect a person’s ability to get a job, rent an apartment, possess or carry a firearm, or vote.

 If you have been arrested for a felony or misdemeanor domestic violence crime, call an experienced trial attorney today for a free consultation.

 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.