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.

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.

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!

It may come as a shock to Florida drivers who are stopped for suspicion of driving while under the influence (DUI), but if they refuse to give a breath sample, the refusal can be classified as a criminal offense separate from the charge of driving under the influence. Under the Florida Criminal Statute 316.1939, the refusal is a first-degree misdemeanor, and can result in a stint in county jail, which may be up to a year. This does not just apply to failing to be breath-tested on request. It includes refusing any physical or chemical breath test, or urine or blood tests.

For refusing to be breath-tested to be a crime, in addition to the DUI, the person’s driver’s license must have already been suspended for refusing to take a breathalyzer, urine or blood test. Additionally, a police officer must have probable cause to believe a new DUI offense took place. The driver must be arrested and enlightened about Implied Consent, which is, in a nutshell, refusing once results in a suspended license for a year, and refusing twice garners a suspended license for a year and a half. The suspected drunk driver must be clearly informed that refusing any test for a second time is a misdemeanor. In short, you may be charged with two crimes: failing to blow and DUI.

It is vitally important to fight the suspension for refusing to take a breath test and this must be done within ten days. You need a Lakeland criminal defense lawyer to request a formal review of your case and arrest. The main reason for this is that there are more defenses than you may realize that can overturn a suspension, such as the Intoxilyzer 8000 was not properly calibrated, the officer not properly trained on its use, the equipment provided a false positive, and so forth. Once that is accomplished, you would not face jail time and will not be considered to have committed a crime for refusing to blow if you were ever arrested for DUI on another occasion.

Keep in mind that you must apply for a formal review hearing within ten days of your arrest. A Lakeland criminal defense attorney can do that on your behalf and help you get a hardship license to allow you to drive to work, provided you are eligible for the license. The formal review process is an excellent tool to help prepare your case for trial. No two DUI cases are alike, and each one reveals different details that may work in your favor. Never assume that you have no hope or no choices when charged with DUI and/or refusing to submit to a breath test.

As your attorney, I will fight the administrative suspension of your driver’s license. This hearing is called a Formal Review. I can help you get a hardship license so you can continue to drive to work if you are eligible. It is important that you have an experienced criminal defense lawyer represent you at the Formal Review. The Formal Review can be a valuable discovery tool to help prepare your case for court and for trial.
Each DUI case is different and unique based upon the individual facts of your case and thus your defense may be different than another individual’s case. Your options are fully explained to you when you discuss your situation with an experienced Lakeland criminal defense lawyer.

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.

Just because an individual may be charged with a criminal offense in the State of Florida does not necessarily mean they are guilty. While a case, on the surface, may look like an individual is guilty, once the facts are completely known, the determination of guilt may not be quite so clear-cut. Everyone, no matter what the charge, is entitled to a defense, and despite what the vast majority of Americans think, a person is not automatically guilty once charged.

An example of a second-degree felony offense someone may be charged with is traveling to meet a minor that involves the attempt to engage in unlawful sexual conduct with a child or other person believed to be a child, by luring them online, attempting to seduce them, entice them or attempting to entice them. Or, by attempting to lure, solicit or entice a parent or guardian to consent to let a child participate in unlawful sexual acts. Charges laid in relation to this kind of scenario are outlined in Chapter 794 Florida Statutes, Chapter 800 Florida Statutes, or Chapter 827 Florida Statutes.

Should an individual be convicted of one of these offenses, they may face at least 15 years in Florida State Prison. In short, this is a serious charge and you need experienced legal counsel, a Lakeland criminal defense lawyer who understands the system and can explain your rights and various options open to you. Your attorney will immediately obtain any chat logs that may have been used to incriminate you. This is important evidence and the logs need to be reviewed to determine what defenses there may be against the charge(s).

If you suspect you may be under investigation for a sex crime, or have been charged with a sex crime, lawyer-up immediately. At that point, we then need to discuss if entrapment may be used as a defense, discover precisely just what your intent was and whether that intention may make a difference in your defense and talk about whether or not the police did have sufficient grounds to issue a search warrant. Nothing is open and shut when it comes to cases such as this, and do not let anyone tell you that is the case. There is a way to protect yourself and by hiring an aggressive Lakeland criminal defense lawyer, your legal rights come first.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

If a criminal has not committed a sexual offense, should he be required to register as a sex offender? This pointed question has been in the media since the Georgia Supreme Court ruled that a man must register as a sex offender despite the fact that he never committed a sexual offense. The petty thief’s name will now be logged in the registry right next to serial child rapists, sex traffickers, child molesters and child pornographers.

Being a registered sex offender also means being prohibited from living near churches, schools or parks. If the individual wishes to move, neighborhood residents in the area will pillory him before he even arrives, afraid of what he might do to their children. Does the punishment suit the crime? Should teens caught sexting be made to register as sex offenders? Where does society draw the line? Where is real justice? And, furthermore, what about the rights of the offender?

Contrary to popular opinion, offenders of any caliber do have legal rights and are entitled to exercise them, and that includes sex offenders. However, these days it appears that what constitutes a sex offender is not as clear as it may have been at one time. It is not right, nor constitutional, that those who have not committed sexual offenses bear the same stigma as those who are considered to be “serious” and dangerous offenders.

The case that caused the media uproar in Georgia deals with a man who was 18-years-old when he lined up a deal to buy marijuana from a 17-year-old girl. He and three friends did not make the buy. Instead, they robbed the girl and dumped her out of the car. This man is to be branded a sex offender. The question is “Why?” How is that justice?

A criminal defense lawyer would argue that putting a client such as that on a sex offender registry would be cruel and unusual punishment. The stigma of being labeled a registered sex offender would dog that individual for life; a life that may well be destroyed forever for only doing something dumb. The Georgia Supreme Court did not agree with that defense. Their ratio decidendi stated that the registration requirements, in and of themselves, do not constitute punishment and that “it is of no consequence whether or not one has committed an offense that is ‘sexual’ in nature.”

The truth of the matter is that most Americans consider that those listed in a sex offender registry are convicted sexual deviants. It appears that “all” of them may not be, and that does not speak well to justice in America.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

If you are driving while under the influence and get stopped at a sobriety checkpoint, you do not have to blow into the breathalyzer, walk a straight line, or perform any of the other tests law enforcement suggests you do. You hold your tongue and call an experienced Polk County criminal defense attorney. Do not volunteer anything while at the checkpoint, as everything you say and do is documented and may come back to bite you later.

While you may not think your behavior after drinking or doing drugs is erratic, others, including cops, may think and suspect otherwise. What are they looking for at a sobriety checkpoint? Often law enforcement watches first and foremost for erratic driving, or unusual behavior behind the wheel, like turning lights off and on, or jack-rabbiting a car down a road. While these odd actions may be the result of wearing the wrong glasses or an equipment failure, they are enough to get you stopped.

Police are trained to look for a variety of things at a sobriety checkpoint, things both subtle and glaringly obvious. They may include, but are not limited to: bloodshot eyes; drooping eyelids; slurred speech and odd speech patterns; talking too loudly or too slowly; a rumpled appearance; a slow response to questions asked by police, or no response at all when questioned; an uneven, wobbly gait; exaggerated movement; difficulty maintaining balance; stumbling and fumbling when asked to produce vehicle registration or identification; and the most obvious, the smell of alcohol or other odors, that suggest the driver is under the influence of something.

The one thing you need to remember, if you are ever stopped at a sobriety checkpoint, and are about to be charged with DUI/DWI, is that you need a criminal defense lawyer. Do not speak to anyone other than your lawyer. It is their job to figure out if the procedures used at the checkpoint were legally and properly executed. They will look at which defenses may be used on your behalf, should your case go to court.

There is the possibility that your case may be dismissed before it gets that far, but that depends on the circumstances of your arrest. If you speak out of turn and offer your own defense, you are asking for trouble. Leave the defense up to the criminal defense lawyer. Let them determine whether or not your arrest was legal and if not, how they might go about having the charges thrown out.

Should it be determined that the arrest was legal, your criminal defense attorney will be the one to deal with getting your charges reduced or mitigated, if possible. Your first call to an experienced Polk County criminal defense attorney is the smartest move you will ever make.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

If you are driving while under the influence and get stopped at a sobriety checkpoint, you do not have to blow into the breathalyzer, walk a straight line, or perform any of the other tests law enforcement suggests you do. You hold your tongue and call an experienced Polk County criminal defense attorney. Do not volunteer anything while at the checkpoint, as everything you say and do is documented and may come back to bite you later.

While you may not think your behavior after drinking or doing drugs is erratic, others, including cops, may think and suspect otherwise. What are they looking for at a sobriety checkpoint? Often law enforcement watches first and foremost for erratic driving, or unusual behavior behind the wheel, like turning lights off and on, or jack-rabbiting a car down a road. While these odd actions may be the result of wearing the wrong glasses or an equipment failure, they are enough to get you stopped.

Police are trained to look for a variety of things at a sobriety checkpoint, things both subtle and glaringly obvious. They may include, but are not limited to: bloodshot eyes; drooping eyelids; slurred speech and odd speech patterns; talking too loudly or too slowly; a rumpled appearance; a slow response to questions asked by police, or no response at all when questioned; an uneven, wobbly gait; exaggerated movement; difficulty maintaining balance; stumbling and fumbling when asked to produce vehicle registration or identification; and the most obvious, the smell of alcohol or other odors, that suggest the driver is under the influence of something.

The one thing you need to remember, if you are ever stopped at a sobriety checkpoint, and are about to be charged with DUI/DWI, is that you need a criminal defense lawyer. Do not speak to anyone other than your lawyer. It is their job to figure out if the procedures used at the checkpoint were legally and properly executed. They will look at which defenses may be used on your behalf, should your case go to court.

There is the possibility that your case may be dismissed before it gets that far, but that depends on the circumstances of your arrest. If you speak out of turn and offer your own defense, you are asking for trouble. Leave the defense up to the criminal defense lawyer. Let them determine whether or not your arrest was legal and if not, how they might go about having the charges thrown out.

Should it be determined that the arrest was legal, your criminal defense attorney will be the one to deal with getting your charges reduced or mitigated, if possible. Your first call to an experienced Polk County criminal defense attorney is the smartest move you will ever make.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

In 2011, the Florida legislature repealed a 2007 law that mandated automatic restoration of voting rights to ex-prisoners who completed their sentence, including probation. Some 23 states have moved in the opposite direction in the past decade, restoring some or all voting rights to ex-convicts. Despite this limited progress, voting rights advocates say the number of disenfranchised ex-offenders is still growing.

Desmond Meade is an ex-convict, law student, and president of the Florida Rights Restoration Coalition, a group fighting to overturn the 2011 Florida law. He says the consequences of disenfranchisement are far-reaching and affect minorities disproportionately.

“When you talk about the right to vote, you’re not just talking about enfranchising an individual,” Meade said in an interview with The Crime Report. “Every day, in minority communities, you have people getting arrested … As that individual loses [his or her] right to vote, that community loses another voice, to the point that that community becomes insignificant.”

But even as efforts aimed at re-enfranchisement make progress, laws denying the automatic restoration of voting rights for ex-prisoners have their defenders, including Roger Clegg, president of the Center for Equal Opportunity, a Washington, D.C. think tank.

“We have certain minimum objectives and standards: responsibility and commitment to the law, and trustworthiness,” Clegg told The Crime Report. “If you’re not willing to follow the law, you can’t claim the right to make the law for everybody else. When you vote that’s what you do.”

The NAACP recently initiated a national campaign to call attention to the issue. The campaign launched in Florida, where the number of ex-prisoners without a restored right to vote is among the highest in the nation at approximately 1.5 million.

Nationally, polls indicate that a majority support eliminating bans on re-enfranchisement of ex-convicts. Indeed, the United States lags behind many European countries and Canada, where current debate hinges on whether to allow prisoners to vote during their incarceration. In these countries, bans on voting for ex-prisoners are far less common than in the U.S.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

A source states that the organization has since declared bankruptcy and is no longer operating due to a lack of funds. The organization still has a live website, and a recent blog post indicates that the company may reopen at a later date. The center served people in need of support located in the counties of Charlotte, Collier, Glades, Hendry and Lee with state funds, federal grants and individual donations.

The suspect, Robert Michael Eugene “Gene” Bruist, 35, held the role of Executive Director for the Center for Independent Living of Southwest Florida (CILSWFL) when he was arrested and charged with grand theft, scheming to defraud, communications fraud and aggravated white collar crime. According to investigators, Bruist allegedly used state funds, federal and non-profit grants as well as individual donations for his own personal use by falsified balance sheets.

“The case include a number of detailed accounting issues, “ stated criminal defense lawyer Thomas C. Grajek. “It is hoped that the charges against Mr. Bruist will include detailed auditing of all accounts.”

Mr. Bruist could be sentenced to 95 years in prison, if convicted, as well as fines as much as $2 million. As of August 2010, the organization under Bruist reported that it had $11,000 in the bank, though it is now known that it had $102, while there was a reported $64,000 in a Morgan Stanley account, which actually was $33. Paper trails show that Bruist used the money to travel and life an extravagant lifestyle.

The arrest was the result of an extensive joint investigation between the Florida Department of Education’s Office of inspector General and then Florida Chief Financial Officer Jeff Atwater’s Office of Financial Integrity.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

A man traveling ninety miles an hour on his motorcycle was apprehended by deputies and charged with driving under the influence. His blood-alcohol content was .167, according to reports. Upon being apprehended, the man allegedly resisted officers, cursed and even kicked at officers.

The 47-year-old Gardnerville Ranchos man pleaded not guilty to drinking and driving, and not guilty to charges of battery against a police officer; his previous conviction on DUI would likely result in a second felony and a mandatory prison sentence. Two years previous, he served time on a twelve-to-thirty month sentence for a felony DUI conviction.

Complicating matters, his court-appointed lawyers submitted a request to be released from his case one week prior to his trial; they stated that he indicated he planned to file criminal charges against them. The judge for the case did not allow the release to take place as it would further delay the proceedings. A similar scenario occurred during his 2010 c conviction, when he was involved in a DUI charge. His court-appointed lawyer at that time also asked to be released because the suspect’s wife filed a complaint against the lawyer. The suspect reportedly has a brain injury, and his wife had been appointed in 2010 as his assistant.

One of the suspect’s defense attorneys stated that s he has been involved in criminal defense for more than thirty years without ever having criminal charges filed against him, and was now facing potential collusion and perjury lawsuits. As a result of the pending criminal charges, the defense attorney stated that he did not believe he would be the best choice to mount the most effective defense for the suspect.

Additionally, the accused and his wife also filed charges against the county sheriff’s office and the arresting police officers. Their charges alleged that excessive force was used during his arrest.

A DUI arrest typically has serious consequences, especially on a second or third offense. It is extremely important to make sure your rights are protected by using competent legal representation to avoid a felony charge on your criminal record.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

A source states that the organization has since declared bankruptcy and is no longer operating due to a lack of funds. The organization still has a live website, and a recent blog post indicates that the company may reopen at a later date. The center served people in need of support located in the counties of Charlotte, Collier, Glades, Hendry and Lee with state funds, federal grants and individual donations.

The suspect, Robert Michael Eugene “Gene” Bruist, 35, held the role of Executive Director for the Center for Independent Living of Southwest Florida (CILSWFL) when he was arrested and charged with grand theft, scheming to defraud, communications fraud and aggravated white collar crime. According to investigators, Bruist allegedly used state funds, federal and non-profit grants as well as individual donations for his own personal use by falsified balance sheets.

“The case include a number of detailed accounting issues, “ stated criminal defense lawyer Thomas C. Grajek. “It is hoped that the charges against Mr. Bruist will include detailed auditing of all accounts.”

Mr. Bruist could be sentenced to 95 years in prison, if convicted, as well as fines as much as $2 million. As of August 2010, the organization under Bruist reported that it had $11,000 in the bank, though it is now known that it had $102, while there was a reported $64,000 in a Morgan Stanley account, which actually was $33. Paper trails show that Bruist used the money to travel and life an extravagant lifestyle.

The arrest was the result of an extensive joint investigation between the Florida Department of Education’s Office of inspector General and then Florida Chief Financial Officer Jeff Atwater’s Office of Financial Integrity.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

The 47-year-old Gardnerville Ranchos man pleaded not guilty to drinking and driving, and not guilty to charges of battery against a police officer; his previous conviction on DUI would likely result in a second felony and a mandatory prison sentence. Two years previous, he served time on a twelve-to-thirty month sentence for a felony DUI conviction.

Complicating matters, his court-appointed lawyers submitted a request to be released from his case one week prior to his trial; they stated that he indicated he planned to file criminal charges against them. The judge for the case did not allow the release to take place as it would further delay the proceedings. A similar scenario occurred during his 2010 c conviction, when he was involved in a DUI charge. His court-appointed lawyer at that time also asked to be released because the suspect’s wife filed a complaint against the lawyer. The suspect reportedly has a brain injury, and his wife had been appointed in 2010 as his assistant.

One of the suspect’s defense attorneys stated that s he has been involved in criminal defense for more than thirty years without ever having criminal charges filed against him, and was now facing potential collusion and perjury lawsuits. As a result of the pending criminal charges, the defense attorney stated that he did not believe he would be the best choice to mount the most effective defense for the suspect.

Additionally, the accused and his wife also filed charges against the county sheriff’s office and the arresting police officers. Their charges alleged that excessive force was used during his arrest.

A DUI arrest typically has serious consequences, especially on a second or third offense. It is extremely important to make sure your rights are protected by using competent legal representation to avoid a felony charge on your criminal record.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Quartavious Davis was 18 years old when he and his accomplices held up a number of Miami-area businesses. Davis’ five accomplices accepted plea bargain deals and received sentences of from nine to 22 years in prison. They also testified against Davis, saying that he carried a gun and discharged it twice, though no one was hurt. Davis told Reuters he was never offered a plea bargain agreement.

Davis was sentenced to 1,941 months – more than 161 years – in prison, with no possibility of parole. On June 25, the U.S. Supreme Court ruled that life in prison without the possibility of parole constitutes cruel and unusual punishment – even for the crime of murder – if the person was under the age of 18 at the time the crime was committed. Davis, however, was 18 years old at the time his crimes were committed.

Davis’ attorney nevertheless intends to argue that his sentence constitutes cruel and unusual punishment, as Davis is a teenage first offender and has been given an effective life sentence.

Davis’ long sentence results from the practice of “stacking,” whereby each count in an indictment is treated as a separate crime, changing a first-time offender into a habitual criminal, and triggering multiple sentences and mandatory minimum sentences.

Davis’ lawyer, Jacqueline Shapiro, said she intends to take the case to the U.S. Supreme Court if necessary. The first stop is the Eleventh Circuit Court of Appeals in Atlanta.

At the time of his arrest, Davis was unemployed, having dropped out of high school. He lived with his aunt in a neighborhood south of Miami, and got by on Social Security disability payments. According to expert witnesses at his trial, Davis has a learning disability and suffers from bipolar disorder.

Davis was convicted on February 9 of participating in seven armed robberies of local businesses over the course of three months in 2010. Davis maintains he is innocent, and he is the only one of his accomplices who went to trial, where his conviction depended largely on the testimony of those accomplices.

Florida has a history of zealous prosecutions, having led the nation in sentencing juveniles to life without the possibility of parole for committing lesser crimes than murder, until the U.S. Supreme Court ruled that practice unconstitutional in 2010.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Justice has two sides – justice for the victim and for the accused. While that concept may seem alien to some, all persons accused of a crime have the right to counsel, and the right to have a defense mounted in their favor. Automatically assuming that because someone is charged with a crime, such as driving under the influence, means they are guilty, does the accused a great disservice. It may also not be true.

Witnesses, families, friends and the general public may jump to conclusions about what they determine to be an incident involving someone driving under the influence. They conclude based on what they saw or suspect, that the driver must have been drunk, or under the influence of something, judging from their erratic behavior. Even police personnel have assumed that may be the case, based on an initial assessment of an accident scene.

Accident scenes are rarely what they appear to be, particularly when a suspected drunk driver is involved. Many do not consider the driver may have had a medical emergency, a seizure, blacked out or suffered the unintentional side effects of a prescription drug. Alcohol may be present in the vehicle, but not present in the driver. Too often drivers involved in an accident when erratic driving and/or the presence of booze or drugs are detected, are assumed to be guilty before even being charged.

This is not to say there are not cases where individuals have been drinking and driving and did cause an accident. Nonetheless, they too are entitled to the due process of the law, meted out in a fair manner. The fact is breathalyzers are not always accurate, if they are not meticulously maintained and properly calibrated. The fact is that even blowing soy sauce gives a reading perilously close to .08.

If you are charged with driving under the influence, do not speak to anyone other than your criminal defense lawyer. They will pull your driving record and the police report and start an investigation of your case. They check the breathalyzer for recent calibration, and if it is not properly calibrated, you could have blown too high, thus making the reading inaccurate.

If there are reasons why your case should go to court, your criminal defense lawyers will explain, in great detail, what they are and outline their choice of defense. The defense may involve what the probable cause was for the officer to stop you, the accuracy of the tests administered, and whether taped/recorded evidence has been tampered with. In most cases, if the evidence was taped, the audio portion will allow the attorney to ascertain whether the police had probable cause for a traffic stop and further DUI tests. Traffic stops have been done without probable cause.

Were you stopped at a DUI checkpoint? Was it clearly marked? If not, the defense may be the stop was illegal, and thus the charges need to be dropped. If you have been charged with DUI, do not attempt to represent yourself. Call an experienced Lakeland criminal defense lawyer. He has the education and experience handling cases like this.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Under the fourth amendment of the U.S. Constitution, citizens are protected against unlawful search and seizure. While the constitution does not have a “right to privacy” clause or even the word “privacy” in it, Bill of Rights does offer many protections to citizens that protect their privacy. Never are these protections more important than when someone is accused of a crime.

The high profile case of United States vs. Jones involves a nightclub owner and drug dealer named Antoine Jones. Washington D.C. Police installed a GPS tracking device to his vehicle and monitored his movements for 28 days as part of their investigation. This is certainly not the first time the police have used GPS tracking devices as part of their investigation.

During the 2003 investigation of now convicted murderer, Scott Peterson, Modesto, Calif., police installed GPS tracking devices on four vehicles used by Peterson in an effort to gather evidence and find the body of his missing wife, Laci Peterson. During the trial, Peterson’s defense attorney Mark Geragos did not argue about the constitutionality of the GPS tracking device but instead argued the accuracy of the technology.

His argument included the fact that the FAA had not approved GPS technology to be used in the landing of aircraft thus arguing that it did not provide a level of accuracy worthy of credibility, especially in a capital murder trial. However, the judge allowed the GPS data to be used in the trial.

While GPS technology has improved since then, the accuracy of the devices was not in question in the recent Supreme Court case but rather the invasive, warrantless nature of the devices. The justices found the devices to be more intrusive on a citizen then low-tech methods of tracking like following and personal surveillance.

During the case, the attorney arguing on behalf of the United States was asked by Chief Justice John Roberts, “You could tomorrow decide that you put a GPS device on every one of our cars, follow us for a month, no problem, under the Constitution?”

Deputy Solicitor General Michael R. Dreeben replied with “yes.”

With their ruling against unwarranted GPS tracking devices, the Supreme Court extended a privacy right to U.S. citizens suspected of crimes. Often times, individuals that are known suspects in a crime make the mistake of believing their innocence alone is substantial to maintain their freedom. If suspected or charged with a crime, one should immediately contact an experienced criminal defense lawyer that can make sure the police are not overstepping their boundaries and infringing upon their rights.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.