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 couple was seen by numerous tourists who also claimed a 3 year old child witnessed the man and woman having sex.  Despite cries by witnesses to stop the couple did not listen.  Obviously, in this day and age of cell phones, people took a video of the two having sex.  This was a highly publicized case and you can read more and see the blurred, but still graphic video at:

http://www.bradenton.com/2015/05/04/5781129_couple-found-guilty-of-having.html?rh=1

The defense the couple used that they were only simulating a sex act did not go over well with the jury which convicted the couple of a lewd act in 15 minutes.

Because the male had a previous conviction for trafficking in cocaine and was recently released from a Florida prison sentence for that charge, he qualified as a Prison Release Reoffender (PRR) under Florida Statute 775.082 “Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.”

Under 775.082, a “Prison Release Reoffender” (PRR) means any defendant who commits, or attempts to commit:

• Treason;
• Murder;
• Manslaughter;
• Sexual battery;
• Carjacking;
• Home-invasion robbery;
• Robbery;
• Arson;
• Kidnapping;
• Aggravated assault with a deadly weapon;
• Aggravated battery;
• Aggravated stalking;
• Aircraft piracy;
• Unlawful throwing, placing, or discharging of a destructive device or bomb;
• Any felony that involves the use or threat of physical force or violence against an individual;
• Armed burglary;
• Burglary of a dwelling or burglary of an occupied structure; or
• Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5).

within 3 years of being released from a correctional facility.  Lewd & Lascivious crime under Florida Statute 800.04, therefore “sex on the beach” qualifies as PRR crime. Because the male was released from prison within the last 3 years of committing this crime, he must be sentenced to 15 years prison (the maximum for this offense).

The female convicted of sex on the beach in this case does not face the automatic 15 year sentence and is subject to the Florida Sentencing Guidelines.  This is where the felony “Scoresheet” comes into play.  It was not clear what the exact charge was for the 20 year old female.  She could have been charged with committing a lewd act in the presence of a child or just a lewd act.  If it was only a lewd act, that would be a Level 5 offense which scores 36 points.  Under the Florida Sentencing Guidelines she would also score 80 points for “penetration”.  Putting that in the Scoresheet formula would result in a minimum sentence of 5.5 years.

36 points + 80 points = 116 – 28 = 88 * 0.75 = 66 months minimum

12 months in a year, so

66 / 12 = 5.5 year minimum prison sentence.

If it was scored as a Level 7 offense (56 points instead of 36), this would increase the minimum prison sentence to 6.75 years.

There would be no “Victim Injury Points” because the State of Florida is the victim in this case and there was no contact with any children, only consenting adults.

The prosecutor stated they would only be seeking a jail sentence in the female’s case, but if she is given a jail sentence, that will mean she is a convicted felon in addition to being a sexual offender.  The judge can mitigate her sentence and not give prison time if he finds she qualifies for one of Florida’s “Mitigating circumstances” under Florida Criminal Statute 921.0026 which allow departure under the minimum sentence.  The mitigating circumstances listed in the Florida statute are:

• (a) The departure results from a legitimate, uncoerced plea bargain.
• (b) The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
• (c) The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.
• (d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.
• (e) The need for payment of restitution to the victim outweighs the need for a prison sentence.
• (f) The victim was an initiator, willing participant, aggressor, or provoker of the incident.
• (g) The defendant acted under extreme duress or under the domination of another person.
• (h) Before the identity of the defendant was determined, the victim was substantially compensated.
• (i) The defendant cooperated with the state to resolve the current offense or any other offense.
• (j) The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
• (k) At the time of the offense the defendant was too young to appreciate the consequences of the offense.
• (l) The defendant is to be sentenced as a youthful offender.
• (m) The defendant’s offense is a nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For purposes of this paragraph, the term “nonviolent felony” has the same meaning as provided in s. 948.08(6).

The judge can consider other mitigating factors not listed above.  The most likely one to be used in this case is f,g, j, and possibly k.

Neither are subject to a $5,000.00 civil penalty like “johns” are in prostitution cases either which is set for oral arguments on Wednesday before the 2nd DCA.  I will continue to follow the sentencing in this case and keep you updated.

IF YOU THINK YOU ARE BEING INVESTIGATED FOR A SEX CRIME OR HAVE BEEN ARRESTED FOR A LEWD & LASCIVIOUS OFFENSE, CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL SEX CRIMES ATTORNEY.

THOMAS C. GRAJEK 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

TPD officers alleged that “Galvin” circled the block at least two times and then attempted to negotiate a prostitution deal with what turned out to be an undercover police officer.  During this conversation, “Galvin” allegedly asked the undercover officer to show her breasts to prove she was not a police officer.  When she refused, he allegedly tried to flee, but officers boxed him in and arrested Galvin for a precursor acts for prostitution.  Asking the undercover officer to prove she is not a cop was criminalized as a “precursor” act or act “prior to” prostitution in an attempt by legislatures to be able to arrest more people and prevent suspects from not requesting an act of prostitution.

He can potentially be charged under Florida’s Prostitution Statute 796.07(f). I have blogged about this statute before, been featured in Newsweek’s “Daily Beast “, and litigated extensively in court the $5,000.00 “civil penalty” it carries.  Under that statute “Assignation” is defined as the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

796.07(6) states “A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal.”

If the charge is dismissed, amended to a different statute, or he is allowed into a diversion program, the fine would not be applied.  The issue of the constitutionality of the fine is currently pending in the Polk County appellate court.

CALL NOW AND SPEAK TO AN EXPERIENCED SEX CRIMES ATTORNEY WHO HAS HANDLED AND TRIED THESE TYPES OF SEX CASES.

THOMAS C. GRAJEK 863-688-4606

The post Tampa radio personality arrested for solicitation for prostitution which carries mandatory $5,000.00 "civil penalty" unless criminal charge is dismissed first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2014/02/undercover-deputies-arrest-22-men-in-a-child-sex-sting-operation/ Thu, 13 Feb 2014 21:08:34 +0000 http://www.seonewswire.net/2014/02/undercover-deputies-arrest-22-men-in-a-child-sex-sting-operation/ More and more law enforcement agencies are running their own child sex sting operations in central Florida.  Last month it was Pinellas County and this time it is Lake County, Florida.  The Lake County Sheriff’s Office called it “Operation Be…

The charges suspects were arrested for included:

Travel or Traveling to Meet a Minor.  These are sometimes called “Dateline – To Catch a Predator” cases.  This crime is a second degree felony punishable by up to 15 years in Florida state prison.  This crime occurs when any person who travels any for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service to:

(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or

(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct.

Obscene Communication – Use of Computer to Solicit Child.  This is a 3^rd degree felony punishable by up to 3 years in Florida State Prison (FSP). This sex crime occurs when any person who knowingly uses a computer online service to:

(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in Florida Criminal Statute 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, wherein an offense described in this section is committed may be charged as a separate offense.

Unlawful use of a two-way communications device.   This is not always a sex crime.  The crime occurs when any person who uses a two-way communications device, including a computer or phone to facilitate or further the commission of any felony offense commits a felony of the third degree (up to 5 years prison), punishable as provided in Florida Criminal Statute 775.082, s. 775.083, or s. 775.084.

There were also arrests for Resisting Arrest and Battery on a Law Enforcement Officer.  Many times these arrests arise when the police take the suspect into custody and attempt to handcuff them.

Due to the nature of the crime and the media attention given to this sex string the prosecutor takes these cases very seriously.  In addition, the arrested person is subject to being classified as a Sexual Predator or a Sexual Offender and is subject to the Jimmy Ryce Act that could result in involuntary civil commitment of a suspect sentenced to a prison sentence.

CALL NOW AND SPEAK TO AN EXPERIENCED POLK COUNTY CRIMINAL DEFENSE SEX CRIMES ATTORNEY WHO HAS HANDLED AND TRIED THESE TYPES OF CASES.

 THOMAS C. GRAJEK 863-688-4606

It is a crime to expose or exhibit one’s sexual organs in public or on the private premises of another in Florida (or if the suspect can be seen from private premises) in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. A mother’s breastfeeding of her baby does not under any circumstance violate this section.  Exposure of a sexual organ is a first degree misdemeanor punishable by up to one year on jail, 12 months probation, or a combination of both.

Most people charged with this crime are hoping to eventually seal or expunge their arrest record.  In order to be eligible, the defendant would have to have the case dismissed through the filing of a motion, be found not guilty at trial, or receive a withhold of adjudication.  That is why it is important to retain an experienced criminal attorney for this charge.

It appears Kellen Winslow’s defense will be that he allegedly pulled over to a parking lot to smoke what he thought at the time was a legal substance. He allegedly changed his clothes in his vehicle as not to smell like smoke when he returned home. Kellen allegedly is arguing that absolutely nothing inappropriate that took place.  The substance was allegedly synthetic marijuana. Winslow pleaded not guilty to the pot charge and police didn’t charge him with lewdness because she chose not to file charges or come forward to testify against him. If the substance was synthetic marijuana and it is legal in New Jersey to possess this substance, he may end up with all charges dismissed against him.  How good was that defense if the witness did come forward to testify against him?  Allegedly, the police seized two open jars of Vaseline found on the console of his vehicle, and when an investigating officer approached the car, “Winslow sprang to an upright position.”  With that corroborating evidence, it might have been a tougher case to defend, but in the end Winslow may get lucky and end up with all the criminal charges dropped.  If you have been arrested for a sex crime in Polk County, retain an experienced criminal lawyer to defend you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED SEX CRIMES ATTORNEY WHO HAS HANDLED AND TRIED THESE TYPES OF CASES.

THOMAS C. GRAJEK 863-688-4606

 EXPERIENCE COUNTS – CALL NOW

Office – Lakeland, FL

Experienced criminal attorney handling all child pornography, sexting, voyeurism, sexual battery, assault, lewd and lascivious, and child molestation crimes in PolkCounty and Florida.

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)

http://www.theledger.com/article/20130716/NEWS/130719456?tc=cr

That means that the prosecutor’s office will no longer accept testimony from Sgt. Raymond Lloyd and Officer David Edds.  These were the officers on my LPD case a few weeks ago where I brought out the problems with the DUI reports and how the police reports were sworn to under oath.  Usually, that means that the State Attorney’s office will not go forward with any cases in which these officers are the sole officer giving testimony.  For some individuals, that may mean criminal charges are dropped against them if the testimony is critical to the case.

The investigation is still ongoing.  Hopefully, the thorough job the State Attorney’s office is doing will result in restoring the public’s confidence in the Lakeland Police Department.

In addition, two deputies with the Polk County Sheriff’s Office were also fired today based upon their misconduct.

If you have been arrested and are looking for an attorney to stand up and fight for you in court call me!

THOMAS C. GRAJEK, POLK COUNTY CRIMINAL ATTORNEY

 CALL NOW   863-688-4606

The legal limit has been lowered over the years. Initially, the DUI breath test limit was 0.15 in 1941. It was later reduced to 0.12, then 0.10, and now the 0.08 that is the law in Florida DUI cases. The 0.05 limit is used in Europe which is a much less car-centric society. As a DUI defense attorney, I rarely see cases where the driver has a breath test under 0.08. A person must be arrested for DUI before a breath test can be requested. The police do no “unarrest’ you if you blow under the legal limit and these DUI cases are still prosecuted in court. They are difficult DUI cases to prove obviously and many times are dismissed or reduced to lesser charges. Therefore, it is clear that this law would only affect social drinkers who are not a problem or hazard on the road. That’s why a driver is presumed to not be impaired by alcohol when they have such a low blood alcohol level.

DUI is a very serious crime and can have devastating outcomes when a person drives impaired and there is an accident. DUI Manslaughter or DUI causing Serious Bodily Injury can result in substantial prison terms. I do not think lowering the limit will dramatically cut down on alcohol impaired deaths. Even safety groups like Mothers Against Drunk Driving and AAA declined to endorse the NTSB’s call for a 0.05 threshold.

If you have been arrested for DUI, call and speak to an aggressive Polk County DUI defense attorney. Always make sure that the DUI lawyer you retain is actually located in Polk county and will go to court with you and not send an associate. Get someone working on your DUI case now because it can make a difference in the outcome of your criminal case!

DON’T HESITATE!!! CALL NOW!!!
PROTECT YOUR RIGHTS!!!

CALL THOMAS C. GRAJEK, POLK COUNTY DUI ATTORNEY

CALL NOW 863-838-5549 cell

Aggressive Polk DUI defense attorney handling all DUI arrests, DUI Manslaughter, and DUI with Serious Bodily Injury in Polk county, FL.