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

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

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

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

Thomas C. Grajek – 863-688-4606

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!

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

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

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

FREE OFFICE CONSULTATION – EXPERIENCE COUNTS!

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

Thomas C. Grajek 863-688-4606

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