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.

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.