The $5,000.00 “civil penalty” has been ruled unconstitutional in some jurisdictions, but not others.  Therefore, the issue is now before the 2^nd District Court of Appeal that will ultimately decide the issue.  It was thought a decision would be forthcoming soon, but the Court requested additional argument about the issues so it will probably be some time before the issue is ultimately decided.  In the meantime, you may need to preserve this issue so you may not have to pay that penalty if you plea to the charge or are found guilty at trial.

There are many defenses to Solicitation for Lewdness/Prostitution of cases such as:

• Is what the arrested person did actually a crime?
• Did the accused agree to a legal act such as a massage?
• Did the police conduct the investigation correctly?
• Did the officers preserve all the evidence?
• Did the police entrap the person into committing  acrime?

I have handled numerous cases originating from these sting operations in Polk County and argued that the $5,000.00 penalty is unconstitutional.  I have also tried these types of cases.  If you have been arrested in this sting, call a criminal attorney that has experience and knows how to defend you against these charges.

Call Now (727) 457-8660

Thomas C. Grajek
Attorney at Law
24140 State Road 54, Suite E

Lutz, FL 33559

(next to Ferman Chrysler Jeep)

A good DUI lawyer will get copy of both the video and 911 call in order to defend a person accused of DUI when they are available.  There are certain legal requests that must be done in order to obtain copies of this evidence.  A copy of the video can be seen here:

http://tbo.com/news/crime/polk-man-driving-wrong-way-on-i-4-faces-dui-charge-20150817/?utm_content=bufferfe45e&utm_medium=Social&utm_source=Facebook&utm_campaign=buffer

In addition to the DUI charge, the driver was also arrested for Reckless Driving for allegedly endangering other vehicles on the road.  Both of these charges are misdemeanors.  The driver allegedly refused the breath test which is his right under the law, but will result in an administrative suspension of his license for one (1) year.  This suspension can be fought by filing a request for a Formal Review or the driver may be eligible for a hardship permit for the entire year of suspension depending on his previous driving history.

If you have been arrested for DUI, you need an experienced and aggressive DUI attorney that knows how to obtain the evidence against you and has the experience to defend you in court.

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

 CALL DUI ATTORNEY THOMAS GRAJEK NOW!!!

 863-838-5549 cell

 You only have 10 days to request a Formal Review!

NCDD

Polk County deputies allege the teen anonymously placed hoax calls to law enforcement officials in an effort to lure SWAT teams to respond to Ft. Meade high school over the past four-months.  Deputies say the investigation began in September, when an unidentified male called the sheriff’s office and Fort Meade High School and said he was going to “drive to Fort Meade High School in a black Jeep Cherokee and shoot everyone with an AK-47,” prompting a SWAT team to place the school on lockdown.

So how did the police find him if the calls were being placed “anonymously”?  Detectives say they identified the suspect because the Canadian teen was communicating online with a student from Fort Meade allegedly telling the student “I am going to Swat your school,” just prior to the “anonymous” phone call.  In October, deputies allege the suspect again told the witness he was going to “swat” her school, then sent an email to the school, saying he was going to “blow everyone up,” prompting another lockdown.  In November, deputies say the suspect called the sheriff’s office and told the dispatcher he had just killed that witness’ parents inside his parents’ Winter Haven home, and would shoot any responding law enforcement officers. The witness told deputies it was a hoax.

Polk deputies allege that the Canadian suspect is an experienced computer programmer who is allegedly on probation for similar crimes in Canada. Police say the suspect allegedly confessed to the Polk “swatting” crimes and is suspected in similar crimes throughout the U.S.

The teen is being held on charges of extortion and disorderly conduct.  Most people think of extortion as when a suspect extorts money from a celebrity by threatening to release unflattering pictures of the celebrity if they do not pay the suspect money.  However, the purpose of the Florida Extortion statute 836.05 “Threats; extortion” is to “condemn malicious making of threats to others, verbally or by written communication, with intent to extort money or other pecuniary advantage, or to compel persons so threatened or any other person to do any act or refrain from doing any act against his will.  In this case, that would be forcing the SWAT team to respond to the school or the school being placed on lockdown.  This can be a very dangerous situation and why the crime is a very serious felony carrying a maximum penalty of 15 years in prison (2nd degree felony).

Under Florida Statute 985.557 “Direct filing of an information; discretionary and mandatory criteria”, this juvenile could be prosecuted in adult court instead of the juvenile division.  This is a Level 6 offense that carries 36 points on the felony scoresheet.  44 points or more scores prison.

If you have been arrested for a crime, call an experienced criminal defense lawyer that will fight for you in court!

Thomas C. Grajek – 863-838-5549 

NCDD

These are usually scheduling court dates.  Some cases are set for jury trial.   Other cases have Motions that must be filed before the case is ready for trial.  A Motion to Suppress for example is where a defense attorney is attempting to get evidence excluded (thrown out) by the judge so that it can not be used against the Defendant in their criminal case.  For example, if a person is “in custody” and the police do not read them their rights (Miranda rights), any statements made by the Defendant are thrown out and can not be used against them.  If the “confession” is the only evidence to prove the criminal charge, this could result in the entire criminal case being dropped.  

Still other case are continued for one reason or another such as a deposition needing to be done or Discovery not complete.  Finally, some cases are resolved when an individual enters diversion or a plea in their case.  Yesterday, I watched many out-of-town lawyers resolve their case and it cost their client big time!  Why?  Because the lawyer from Orlando would not fight for their client or did not know how the court typically resolves those type of cases!  The out-of-towner got home-towned!  He pled his client and as part of the plea negotiations, had his client agree to pay $833.00 for the “Cost of police investigation” in a prostitution sting case.  I was one of the 1st attorneys to fight this large investigation cost and what we typically do in these cases is split that amount among ALL the participants arrested in the sting.  That means my clients only pay their portion of the cost which is typically reduced to $100.00.

That was not the only mistake!  The attorney also allowed the court to make the $5,000.00 civil penalty a condition of the probation.  What does that mean?  It means that if his client does not pay the $5,000.00 within six (6) months, the probation officer will VIOLATE HIS PROBATION!  The P.O. could have an arrest warrant issued and have the poor guy arrested AND held in jail with NO BOND!  You are not entitled to a bond on a VOP!  Now the person has to go back to court and fight a VOP and could end up adjudicated guilty making him INELIGIBLE TO SEAL HIS RECORD!  Usually, probation officers will be good about things like this and have “Notice of Court Date” issued instead of having a warrant issued under these circumstances, but why risk it and suffer the stress and hassle of a VOP?

After that case pled out, I resolved my client’s prostitution case.  $100.00 cost of investigation and the fine was NOT a condition of his probation.  My legal fees may be higher than other attorneys, but as the old saying goes, you get what you pay for.

An experienced and aggressive local criminal defense attorney can make a big difference in your case and future!

Don’t leave it to chance, call me now!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

Thomas C. Grajek  863-688-4606

NCDD

The post Why should I hire a local criminal attorney? Does it make much of a difference? first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2014/06/polk-county-criminal-defense-attorney-thomas-c-grajek-attends-cross-examination-seminar-with-roger-dodd/ Mon, 30 Jun 2014 01:24:01 +0000 http://www.seonewswire.net/2014/06/polk-county-criminal-defense-attorney-thomas-c-grajek-attends-cross-examination-seminar-with-roger-dodd/ Yesterday, I attended a seminar by Roger Dodd on cross-examination sponsored by the Florida Bar.  Why was I spending a Saturday at a seminar? Because Roger Dodd is one of the leading experts on cross-examination in the country.  When you…

Due to the increased focus on human trafficking throughout the country, the sting was conducted to search for more victims of human trafficking.  Recently, we have seen numerous arrests for human trafficking at major events like the Super Bowl.  Most of these arrests come from ads on Backpage.com that is actually posted by the sheriff’s office.  Once the person arrives at the location, usually a hotel or a house law enforcement has rented to conduct the sting, the individual is arrested after allegedly committing an act of prostitution.  However, I have seen cases where people were arrested even though they DID NOT commit and act of prostitution.  Sometimes, law enforcement jumps the gun with arrests because so many people are showing up, that they need to clear out the room for the next person and arrest the individual before any crime is committed.  Often, people go for legitimate and legal purposes, such as an escort service. Entrapment can also be a defense in these cases.

If you have been arrested for prostitution, solicitation of a lewd act,  or for living off the proceeds of prostitution (being a pimp) call and speak to an experienced Polk County criminal defense attorney about your case today.  Your reputation depends on it and you may be eligible to seal or expunge your arrest which will remove your mugshot from the Polk County Sheriff’s webpage.

Call an attorney who has been featured in Newsweek’s Daily Beast regarding prostitution crimes.

 Thomas C. Grajek

 FREE CONSULTATION – 863-688-4606

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

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

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

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

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

THOMAS C. GRAJEK 863-688-4606

The post Tampa radio personality arrested for solicitation for prostitution which carries mandatory $5,000.00 "civil penalty" unless criminal charge is dismissed first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2014/04/three-florida-men-arrested-for-promoting-obscenity-at-polk-county-nightclub/ Thu, 17 Apr 2014 01:33:54 +0000 http://www.seonewswire.net/2014/04/three-florida-men-arrested-for-promoting-obscenity-at-polk-county-nightclub/ Where is the line when promoting live obscene shows in a bar? Three Florida men were arrested for promoting obscenity at a Polk County nightclub. The arrests were made because law enforcement described the bar’s activities as a “violent public…

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

Ms. Rupp also must pay “restitution” in the amount of $4,879.00.  Restitution is payment for any damages or loss you may have cost the victim in your criminal case.  For example, if someone stole a television and sold the TV to some unknown person and the TV was never recovered, the defendant would be ordered to pay or reimburse that person for the stolen TV.  There are many times when restitution can not be ordered in a case and even more often when the amount of restitution or amount owed can be disputed by the person convicted of the crime.  If you have been ordered to pay restitution or think your case may require restitution, call for a free consultation about defense you may have to paying these monies.  In Ms. Rupp’s case, she will be paying back the money she received for work when she was not actually working.

Judge Perry gave a jail sentence even though Judge Harlan’s charges were dropped.  The judge stated that as a judicial assistant, Rupp violated the public trust of the position.  Based upon the sentence today, prosecutors dropped the remaining 13 counts against Rupp that were recently added to her criminal charges.  Ms. Rupp’s defense attorney requested probation as a sentence.  Rupp also asked for a “turn-in” date for her jail sentence, but Judge Perry refused and ordered that she be taken into custody immediately. Defense attorneys often ask for “turn-in” dates so that our clients can get their affairs in order, but I am sure the judge considered the fact that she pled last week, had time to get her affairs in order, and due to the “public trust” involved in her case, that a turn-in date would not be appropriate.

This ends the Polk county scandal as both cases are now finished.  A judge will still have to be appointed for Judge Harlan’s vacated spot on the bench.

If you have been arrested for

• Grand Theft
• Forgery
• Petit Theft
• Uttering a Forged Instrument
• Scheming to Defraud
• or a similar crime in Polk County

Call an experienced Polk criminal defense attorney that will fight for you in court!

Thomas C. Grajek – 863-688-4606

The alleged incident happened at a Winter Haven McDonald’s drive-thru.  Howard Carl Wilson was arrested for simple battery, but the charges could be more serious.  The McDonald’s in question uses the side-by-side ordering system.  Once a vehicle orders, they merge with the other vehicles placing orders at the other station.  The police allege the driver became upset after he was caught off by the other driver.  The suspect allegedly would not allow the person to close the door, yelled racial slurs and profanities, and punched the other driver.  The suspect then allegedly left the scene and was arrested later at his home for simple battery, a 1st degree misdemeanor.  This crime is punishable by up to a year in jail.

The charges could become more serious.  Because the alleged victim was in their vehicle at the time of the alleged battery, the suspect could be charged with burglary of a conveyance with a battery.  What does that mean in plain language?  Anytime you break into a home or vehicle with the intent to commit a crime inside the home or vehicle, that is a burglary.   A vehicle is a “conveyance”.  If you break into a vehicle (a conveyance) and assault or batter (hit) someone,  it is a 1st degree felony punishable by up to term of years not exceeding life imprisonment.  That means a judge could sentence the person to any amount of years, such as 1,000 years in prison, but not give a life sentence.  As you can see, this is potentially a very serious crime!

The video can bee seen here:  http://tbo.com/news/crime/cellphone-video-drive-thru-rage-at-mcdonalds-in-polk-20140331/

The police will turn their evidence over to the prosecutor.  An “intake” prosecutor will review the video and speak to the witnesses and determine what charges will be formally filed.  That means the crime charged could change from a misdemeanor to a more serious felony.  This is why it is important that you hire a criminal defense lawyer immediately so that the attorney can start working for you and explain to the prosecutor why more serious charges should not be filed!  In some cases, a criminal defense lawyer can convince a prosecutor to not even file charges.

If you have been arrested, speak to an experienced criminal defense attorney immediately.  

The consultation is FREE so there is no reason not to call immediately to protect your rights and your future!

Thomas C. Grajek – 863-838-5549

Judge Harlan was accused of approving false time cards for her judicial assistant (JA) which would allegedly allow her JA to be paid for time she did not work.  Therefore, Judge Harlan was being accused of aiding or abetting a Grand Theft.  Originally, Judge Harlan was charged with Grand Theft and Scheme to Defraud, but the Scheming charge was dropped and the Grand Theft charge was amended.  Prosecutors can amend an Information (charging document) fairly easily with a few restrictions.  In this case, it was done to better fit the criminal allegations.

The Motion to Dismiss filed by her criminal defense lawyers argued that a judge has flexibility in setting their judicial assistant’s hours.  Basically, the judge has the authority to allow her JA to work 10 a.m. to 6 p.m. instead of 9 to 5.  Therefore, the charges should be dismissed because JA’s are salaried employees and as long as the JA worked the requisite hours.  The motion was heard by Judge Perry, of Casey Anthony fame, but no ruling had been made yet.

The charges against her judicial assistant, Alisha Rupp are still pending.  The judicial assistant’s case was set for trial next week, but due to recent developments in that case the trial was continued.  The main reason her defense attorney cited was a new Amended Information was filed against Ms. Rupp adding an additional 13 criminal counts to the Information against her.  Defense attorneys need time to prepare when new charges are added and that is why the trial will not be next week.

I have personally practiced before Judge Harlan for a number of years.  In my opinion she was an excellent judge and there are never any winners in these cases.

If you have been arrested for Grand Theft or Scheme to Defraud, call an experienced Polk County criminal defense attorney.

Thomas C. Grajek – 863-688-4606

One of the most interesting parts of the seminar was a mock trial that was conducted from an actual case.  The jury deliberations were monitored by audio and video so that I could see exactly how a jury comes to their decision in a DUI case.  The insight gained from this part of the seminar was invaluable to a DUI. defense lawyer.

In addition to the mock trial, nationally and internationally known experts spoke on all phases of a DUI case.  Even A.W. Jones the leading researcher and expert in alcohol and its effects on the human body spoke at the DUI conference.

If you have been arrested for DUI, retain the only DUI attorney in Polk County, FL for your case that is a proud member of the National College for DUI Defense (NCDD).

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

 DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!

 863-838-5549 cell

 Because you only have 10 days to request a Formal Review or get a hardship license!

NCDD

The seminar will cover the latest issues and strategies in defending DUI’s.  This includes Blood Testing which is extremely important if you have been arrested for DUI Manslaughter or DUI with Serious Bodily Injury in Florida.  In these types of DUI cases, the police do not request a breath test, they can forcefully take your blood in Florida.  That is why if you are researching DUI lawyers and who you want to defend you in court, you want a lawyer that keeps up on the latest issues and defenses to these serious crimes that carry substantial prison time.  There is a four (4) year minimum mandatory prison sentence for DUI Manslaughter in Florida, but due to “Death Points” on the scoresheet, a person accused of DUI Manslaughter will be “scoring out” to more than 10 years in prison.

The speakers at this seminar include international leading experts in alcohol absorption, elimination, retrograde extrapolation, accreditation of labs testing your blood and all areas of a DUI case.  Dr. A.W. Jones, the world’s preeminent toxicologist will be one of the featured speakers.

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

 DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!

 863-838-5549 cell

NCDD

 Because you only have 10 days to request a Formal Review or get a hardship license! 

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.

Florida has a very open sunshine laws that allow the public access to public records such as police and surveillance videos.  There are exceptions that make certain public records exempt from Flroida’s sunshine laws.  One of the exceptions to public records law is for “ongoing” criminal investigations.  Sometimes, the sheriff will argue that releasing jail videos compromises security of the jail.  The sheriff fears that inmates will get a copy of the video and learn where any “blind spots” may be located so that an booking deputy may be attacked or maybe somebody will attempt the “great escape” from the jail.  The police try and stretch “ongoing” investigation to include any criminal case that has not been resolved by plea or trial.  What is “ongoing” in a DUI case, introduction of contraband case, or battery on a law enforcement case after the arrest has been made?  There is nothing left to investigate.

I run into the problem of a lack of a video in my criminal and DUI cases often.  If you do not request the booking video of your DUI arrest in Polk County within 3-5 days, that valuable evidence demonstrating that your normal faculties were not impaired is lost forever!  That video may show you walking, talking, bending over, changing shoes, getting your mugshot taken, and more which would prove you were not impaired.  What about in a case where it is alleged a person arrested for some alleged crime is accused of having drugs on him when he is brought into the booking facility and the person denies that allegation?  Instant replay of a video could be the best evidence of your innocence, so why wouldn’t the sheriff preserve that evidence?  There was a case that went to trial a couple weeks ago in Polk County where the person was accused of hitting one of the booking deputies.  The video was not preserved and it became the person’s word against the deputy.  Is that fair?  Is it fair that state law mandates the video be retained for 30 days, but PCSO’s video loop is less than 7 days?

If you have been arrested that booking video may make the biggest difference in whether your case is dismissed or you are found guilty of a felony or a DUI.  If you have been arrested for a criminal offense in Polk County, you need to retain a lawyer that knows the police and procedures of local law enforcement, how to get the videos, what the videos may show, and how to argue your case should be dismissed if the video is not preserved.

Call and aggressive Polk criminal defense lawyer that will fight for you and your rights in court!

Thomas C. Grajek

863-688-4606

The investigation stemming from a discovery by the Escambia County Sheriff’s Office of missing prescription pain pills from the evidence room.  The missing drugs had been replaced with over-the-counter medications.  In all of the cases in which the drug evidence was missing, the drugs had been analyzed by the same chemist, who overall had processed 2,600 cases for 80 law-enforcement agencies since 2006. Whether the analyst handled any criminal cases in Polk County is unknown at this time.

The ramifications of this investigation will be huge.  Already, one State Attorney’s Office had to ask for a continuance in a trial of a man charged with trafficking in hydrocodone because of the chemist’s involvement in the case.  This could possibly lead to the trafficking charges being dropped.  Criminal charges could be brought against the lab analyst.  Recently, a lab analyst in Massachusetts was sentenced to to 5 years in prison for similar allegations after pleading guilty to 27 counts of misleading investigators, filing false reports, and tampering with evidence.

This strikes another blow to the integrity of the criminal justice system.  One of the jobs of a criminal defense lawyer is to fight this type of injustice and see that you are treated fairly in court.  If you have been arrested for a drug crime, call an attorney that will fight for justice for you!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal and drug cases in Polk County, Florida.

Currently, a police officer or deputy with the proper training can search a person or vehicle if he smells the odor of marijuana.  This gives the officer probable cause to search the vehicle for marijuana.  This includes containers in the vehicle that may contain the pot.  This is a tremendous tool for law enforcement that has led to numerous arrests for possession of cannabis, both felonies and misdemeanors.  In addition, the odor of marijuana has also been used by police to discover evidence of other crimes.  For example, a Polk deputy may pull a driver over for allegedly speeding, smell the odor of pot, and then search the car.  The deputy may not find any cannabis, but the trafficking amount of cocaine or meth he discovers in the vehicle will have been lawfully obtained and the occupants can be charged with a serious felony and face a long, mandatory prison sentence.

If the Medical Marijuana Amendment passes and becomes law, the legal issue becomes whether the odor of marijuana gives an officer probable cause to search a vehicle or whether it is a defense to have a prescription or an affirmative defense to the crime. Once marijuana is legal, the officer may not know whether an individual has a prescription or not.  Without this knowledge, the odor alone may not be probable cause of a crime because possessing cannabis is no longer illegal in Florida (for limited purposes).  Thus, there is no evidence of a crime because it is the odor of marijuana no longer indicates an illegal activity.  This will be an issue that criminal defense attorneys raise and will probably work its way through the appellate courts for an answer.  However, because marijuana is still a controlled substance, making the distribution of marijuana a federal crime, that could make the search legal.  Only time and litigation will tell how medical marijuana will affect criminal prosecutions.

We will probably see more Driving Under the Influence of Drug (DUID) arrests and prosecutions also.  This is already happening throughout the United States.  As more people have access to the drug, there are likely to be more arrests for driving under the influence of cannabis.  Draeger © has now produced a roadside machine to test for controlled substances.  Draeger’s © website touts their machine can “The Dräger DrugTest® 5000 System – Analyser and Test kit – provide fast and accurate on-site drug detection. Substances such as opiates, cocaine, cannabinoides, amphetamines as well as designer drugs and tranquilizers based on benzodiazepines can be detected in oral fluid samples or samples from surfaces.”  Whether Florida purchases and starts using this drug testing machines in the future is probably a question of “when” rather than “if”.

If you have been arrested, retain an aggressive Polk County criminal lawyer that has experience and knows the law.

I’m ready to stand up and fight for you in court!

Thomas C. Grajek – 863-688-4606

Handling all Polk County felony and misdemeanor drug charges including possession, delivery, sale, and trafficking.

In Florida, the minimum mandatory sentence for DUI Manslaughter is four (4) years in Florida State Prison (FSP).  In addition, for a person convicted of DUI Manslaughter in Florida, there is a mandatory permanent revocation of their driver’s license. If the convicted DUI driver has no prior DUI related convictions, the driver may be eligible for hardship reinstatement after 5 years.

If you have been arrested for DUI, DUI with Property Damage, DUI with Serious Bodily Injury, or DUI Manslaughter in Polk County or Florida call an experienced DUI attorney today to protect your rights.

Call and speak with Thomas C. Grajek, an experienced DUI trial lawyer in Polk County willing to fight for you in court today!

CALL DUI LAWYER THOMAS C. GRAJEK NOW !!!

863-838-5549 cell 

Call now because you only have 10 days to request a Formal Review or get a hardship license.

Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, HainesCity, Auburndale, and Lake Wales.

Hopefully, the community’s confidence can be restored in the Lakeland Police Department in the future.

If you have been arrested by the Lakeland Police Department, call Thomas C. Grajek, an aggressive Polk county criminal defense attorney that has experienced defending criminal charges.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

 Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor sex cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.

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

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

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

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

THOMAS C. GRAJEK 863-688-4606

 EXPERIENCE COUNTS – CALL NOW

Office – Lakeland, FL

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

While LPD admitted their officers made mistakes in some cases, LPD also stated that it was the Polk prosecutors fault for not communicating with LPD officers enough.  One of the errors concerned a registered sex offender case that resulted in the criminal charges being dropped.  The Ledger article can be read here:

http://www.theledger.com/article/20140117/NEWS/140119298?tc=cr&tc=ar#gsc.tab=0

The State Attorneys office responded quickly to the report, explaining that the prosecutor does not experience these problems with any other law enforcement agencies in Polk County.  That response can be seen at:

http://www.wfla.com/story/24484917/lakeland-police-chief-answers-state-attorney-criticisms

There are still problems.  The biggest problem is that you can not have communication and cooperation problems between a law enforcement agency and prosecutor.  These agencies must work together. They are a team that must cooperate to protect society and insure that justice is done in all criminal cases and investigations.  It is a team effort.  As I have stated before, LPD should have had an experienced criminal defense trial attorney aiding in the internal investigation of LPD. Criminal defense attorneys examine issues and problems with a critical eye and no agenda.  There is no self-interest involved for an outside attorney who can assess where mistakes were made and which agency needs to correct them.

Hopefully, these problems can be resolved so that Polk County residents and people arrested are treated fairly and all evidence and witnesses to events are preserved in criminal cases and justice prevails.

If you have been arrested by Lakeland Police Department or are charged with a crime in Polk County, retain a trial attorney with the experience to defend you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION 

Thomas C. Grajek  863-688-4606

The Defendant objected to the admission of the air bag report arguing that the report was hearsay and should not be admissible at trial.  The judge overruled the defense’s objection, admitted the report, and the Defendant was convicted at trial of  leaving the scene of a crash involving death, vehicular homicide, and driving while license is suspended or revoked.  Based upon this evidentiary ruling, this air bag report could also be used in a DUI manslaughter case.

After the conviction, the Defendant appealed to the Second District Court of Appeal which rules on cases in Polk and Hillsborough County.  The appellate court agreed with the trial court and held that the “black box” report was not hearsay and was admissible at trial.  This means that the “Confrontation Clause” which gives the Defendant the right to confront his or her accuser and the witnesses against him did not apply.  That is because the court rules that the “black box” report is not testimonial hearsay.  What does all that legal mumbo jumbo mean?  That the the air bag control system report is not accusatory and does not describe any specific wrongdoing of a driver.  The report merely establishes the existence or absence of some objective fact, i.e., if and when the brakes were applied in the driver’s car before the accident and the speed the car was traveling.  If this had been a lab report done by a crime analyst or lab technician stating the results of a driver’s blood alcohol level or what type of drug was seized by the police, the person who conducted the lab report would testify.

What does mean to you?  If you have been arrested for a driving offense or a drug offense, the nature and type of the report may require a witness to testify.  You also need to know that information before you go to trial or make the decision to go to trial.   Retaining a criminal defense lawyer that stays up-to-date withe the latest case law is extremely important to get the best outcome for your criminal case.  Knowledge allows you to make the best and most informed decisions possible.

If you have been arrested for a serious felony, DUI with Serious Bodily Injury (SBI), DUI Manslaughter, leaving the scene of an accident with death, or a drug or controlled substance offense, retain an attorney that knows the most recent case law and how the rules of evidence will benefit or hurt your case.

PROTECT YOUR RIGHTS – CALL NOW 863-688-4606 AND SPEAK TO AN EXPERIENCED AND AGGRESSIVE ATTORNEY WHO WILL FIGHT FOR YOUR RIGHTS IN THE COURT ROOM!

 THOMAS C. GRAJEK, CRIMINAL DEFENSE ATTORNEY

Handling all criminal and juvenile cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, HainesCity, and Davenport.

See Peterson v. State, __ So. 3d __, 39 F.L.W. D75 (2d DCA 1/3/2014)

I have been fighting the “civil penalty’ since the beginning of the year.  I am challenging the fine on various constitutional issues and protections that all citizens enjoy under the Florida and U.S. Constitution.  So far, all the Polk County judges have denied the motions.  There is one final challenge to the outrageous solicitation penalty set for November.

If the solicitation for a lewd act charge is amended to a different crime, the penalty would not apply.  A defendant needs a Polk criminal attorney to negotiate and fight for such a reduction.  The crime of solicitation of a lewd act or prostitution is a sealable offense, call for a free consultation tos ee if you are eligible to seal your prostitution arrest.

If you have been arrested in Polk County, retain an experienced criminal defense lawyer that will fight for you and your rights!

POLK COUNTY CRIMINAL DEFENSE ATTORNEY EXPERIENCED IN ALL CRIMINAL CASES.

 Office – Lakeland, Polk County.

 Thomas C. Grajek  863-688-4606

Pagan was the arresting officer on one of my client’s DUI cases and there were numerous problems with his investigation of that criminal case.  The criminal allegations against Pagan stem from a domestic violence case Ofc. Pagan was investigating while working for LPD.  There is allegedly video evidence supporting the alleged victim’s allegations.  There are also 911 calls regarding the arrested officer.  Will these scandals at LPD ever end?  Chief Womack said she is “fed up” with these scandals.

If you have been arrested by Officer Pagan, the pending charges will probably be dropped immediately.  If you have been arrested by the Lakeland Police Department, call an attorney fighting for you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE

POLK COUNTY CRIMINAL DEFENSE LAWYER.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

 Thomas C. Grajek  863-688-4606

The Plant City school teacher allegedly committed these acts with three separate people who reported seeing a man masturbating in his vehicle. Because of the ages of the alleged witnesses to these sex acts, he was arrested on felony charges.  He was arrested and charged with two counts of lewd exhibition on a child under 16 and two counts of indecent exposure.

The teacher was charged under Florida Statute 800.04 “Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.”  Subsection (7) “Lewd or lascivious exhibition” states “A person who

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable by up to 15 years in Florida State Prison for each alleged act.

Sheriff Grady Judd is looking into other incidents that may involve this arrested person.  I have handled these types of cases before and this is not an uncommon tactic by the police.  Once the arrest someone, they will take that person’s mug shot, put it into a photo line-up and show the photo array to witnesses in cold cases.  The problem is that the police do not videotape or audiotape this show-up so it makes it difficult for a criminal defense attorney to insure the procedures used by the police were not unduly suggestive.

If you have been arrested for a sex crime, call Thomas C. Grajek, an aggressive Polk county criminal defense attorney that has experienced defending these types of criminal charges.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

 Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor sex cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.

Normally in a criminal trial, the attorneys will invoke the “Rule of Sequestration” that prevents witnesses from being present in the court room when another witness is testifying.  It also prevents the witnesses from talking to each other about the case once the rule is invoked.  The purpose of the rule is to insure that each witness’ testimony is not influenced by what other witnesses say.

So why is Trayvon’s mother allowed to be in the courtroom and watch the proceedings and still testify against George Zimmerman?  There is an exception to the rule.  Florida Statute 90.616 “Exclusion of witnesses” states:

(2) A witness may not be excluded if the witness is:

(d) In a criminal case, the victim of the crime, the victim’s next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person’s presence to be prejudicial.

Also Article I, section 16(b) of the Florida Constitution provides:

Alleged victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.

Because her son was a minor at the time of the alleged offense, she can remain in the court room during the entire proceeding.  Davis v. State, 875 So.2d 359 (Fla. 2003).

The Rules of Evidence are extremely important in a criminal case.  Call an experienced Polk criminal lawyer who knows the rules of evidence and will use them to take advantage of the facts in your case.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

 Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal cases in Polk County, Florida.

Now, you can AUTOMATICALLY obtain a hardship license for the ENTIRE period of suspension.  What does a person arrested for DUI give up for this benefit?  The driver MUST WAIVE their right to a Formal Review.

• That means the DUI license suspension will appear on your license.
• That means you have no chance of having the administrative suspension set aside and having your full driving privileges reinstated.
• That means you lose a valuable discovery tool to prepare your DUI case for court and trial.

I am hearing from more and more people arrested for DUI that their insurance company is cancelling their policy if they are arrested for DUI or lose the Formal Review.  So you may get a hardship license, but have no insurance.  This decision becomes an extremely important decision based upon each individual driver’s priorities.  It also depends on which law enforcement agency arrested the driver.  That is why you need an experienced DUI trial lawyer representing you!  You need an attorney that can explain the benefits of each choice and select the best option for your criminal case.

If you choose to have a Formal review, the rules will remain unchanged as far as temporary permits and hardship licenses.  However, if an DUI officer or deputy fails to appear at your Formal Review, the DUI suspension will be INVALIDATED! No more having to file a lawsuit to enforce subpoenas.  Many lazy DUI lawyers that NEVER subpoena witnesses better learn the new rules quickly or they may make a huge mistake for the client’s they represent.  Retain an attorney that is not lazy and will continue to fight for his clients like I always have.

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

 CALL POLK COUNTY DUI ATTORNEY THOMAS GRAJEK NOW!!!

 863-838-5549 cell

You only have 10 days to request a Formal Review!

Recent case results at: http://www.flcrimedefense.com/case-results/

http://www.theledger.com/article/20130620/NEWS/306215002/1358/news06?p=1&tc=pg

If you have been arrested, call an attorney that will fight for your rights!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

Thomas C. Grajek  863-688-4606

Most people gave high marks to the prosecutor for the State’s opening statement.  The prosecutor did an effective job to create emotion with their very first words.  The prosecutor also did a good job of creating a story and images that will stay with the jurors throughout the trial.  I think he used the expletives too much and did not have to repeat them so much, but a very effective job.

The defense on the other hand opened with a “knock, knock” joke.  In a murder trial.  That is a horrendous start in my opinion.  You only get one chance to make a first impression.  The defense made it worse, by harping on the “joke” by saying “C’mon, that was funny.”  A case this serious, with this much controversy, must be treated with respect.  It puts the defense in an early hole in the juror’s minds.  Another complaint by many people was that the defense did not tell a compelling story in opening.  Opening statements are a road map for the jury as to what the case will be about and what evidence the jury can expect to see.  A good defense attorney tries to paint a picture that places the jury at the scene of the incident.  In this case, you want to make the jury feel the fear George Zimmerman would have felt that night.  He is in a dark area, there are repeated criminal episodes in this area, when all of the sudden, a hooded figure turns and bears down George Zimmerman left to wonder what is about to happen to me?!?”  Instead, we remember the “knock, knock joke”.  Hopefully, the defense will get better as the trial continues.

CALL NOW AND SPEAK TO AN EXPERIENCED POLK COUNTY CRIMINAL DEFENSE LAWYER

Office – Lakeland, Polk County.

 Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.

If you are found guilty or plea guilty or “no contest” to the charge of DUI, you must complete DUI school in order to get a hardship license or reinstate your full driving privileges.  The majority of drivers who plea to a reduced charge of Reckless Driving with Alcohol as a Factor also have to complete DUI School as part of their sentence.

You may sign up for DUI School in the county you were arrested or the county you reside in if you live outside Polk County.  For those arrested for DUI that enroll in Polk, the DUI School is run by Tri-County Services.  Tri-County offers these services at the following locations:

• Lakeland – 5421 U.S. Highway 98, South, Highland City
• Winter Haven – 41 3rd Street S.W.
• Avon Park – 100 W. College Dr.
• Wauchula – 202 S. 9th Avenue

The fees are:

• Level I fee is $255.45 ($242.50 + $5.95 cc fee + $7.00 convenience fee for online enrollment).
• Level II fee is $377.50 ($377.50 + $5.95 cc fee + $7.00 convenience fee for online enrollment).

The majority of 1st time offenders will need to complete Level I DUI School.

In order to enroll, you will need the following documents:

• Readable Copy of the DUI Arrest Report/Probable Cause report – this can be obtained from the agency that arrested you or from your attorney. A crash report alone is not sufficient unless you were taken from the scene in an ambulance and received a DUI ticket later. If you were arrested by the Polk County Sheriff’s Office, please mention this when you call to set your appointment.
• Lifetime driving history. A Florida history can be obtained from any Florida Clerk of Court office (or the DUI office – $14.00) and must be obtained even if you have never had a Florida driver license (cannot be more than 30 days old when you come to complete registration). If you have held a license in another state, you may be asked to obtain a driving history from that state also.
• Court Order if you have completed the court process.
• Picture id.

Time is of the essence in a DUI case. 

You only have 10 days to request a Formal Review of the “Implied Consent” suspension of your license so call my cell now.

Aggressive Polk DUI attorney Thomas C. Grajek

863-838-5549 cell

Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

Below is information and links that you need for your Polk DUI arrest.

This is due to the fact that our Florida and United States Constitution protect citizens from “Ex Post Facto” laws.  Judge Fegers ruled that the legislature did not intend the statute to be applied retroactively which ended the matter.  However, because the judge did s thorough job, he also analyzed the civil penalty under the “ex post facto doctrine”.  This doctrine protects against laws that increase a penalty for the criminal offense AFTER the crime has been committed.  The issue in essence was whether when a suspect is charged with violating Florida Statute 796.07(2)(f), the “civil penalty” is a punishment or a “civil remedy” that would not be subject to ex post facto analysis.

Judge Fegers order found that because of the language used in the statute (the word “penalty”), the amount of the penalty, and the imposition of the penalty as to specifically prescribed conduct constituting a specific criminal offense, that the $5,000.00 is a fine and a “penalty” and not a “cost”.  This means that the court will not impose the “civil penalty” in excess of $500.00 for violations of Florida Statute 796.07(2)(f) for offenses that occurred prior to the change in the prostitution statute.  The “civil penalty” was previously $500.00 for “johns” only.

This motion was filed on the limited basis of increasing the fine in cases where “johns” arrested before January 1 for those that did not resolve their cases quickly.  I am still waiting for a ruling from Judge Ojeda as to whether the statute is constitutional on a number of other challenges and grounds.  This ruling is expected within the next couple of weeks and will apply to prostitution offense committed after January 1, 2013.  Judge Fegers ruling helps my motion because he has now declared the $5,000.00 fine a “penalty” which is a key argument in my motion.  Attorney Larry Shearer did an excellent job writing the “Ex Post Facto” motion and arguing it to get this result.

If you have been charged with prostitution or any other crime, call an speak to an aggressive lawyer that will fight for you!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal cases in Polk County, Florida.

Bail agents in Florida are regulated by Chapter 648, Florida Statutes and Chapter 69B-221, Florida Administrative Code.  A limited surety agent is the name of the license issued to bail bond agents in Florida.  Just as when an individual seals or expunges their record, a potential bondsman has to be fingerprinted and undergo a background check.  This is when having a criminal record causes problems for someone who dreams of becoming a bail agent.  Florida Statutes §648.34 states you may not be a bail bond agent if you have ever been convicted of a felony. Unfortunately, the restoration of your civil rights does not change your status and will not allow you to become a bail agent.

This is one example of why if you are arrested, you need an experienced criminal defense attorney fighting for you in court.  A criminal conviction can have a sever impact on your ability to realize your dream of becoming  a bondsman, doctor, nurse, dentist, lawyer, police officer, fireman, or a school teacher.  There are many things an aggressive lawyer can do to resolve your criminal charge to lessen the impact on your future.  There may be a defense to the crime you may not know about.  There may be motions to suppress evidence in your case if the police violated your constitutional rights which could result in the criminal charges being dismissed.  There may be a diversion program available to you that results in the criminal charge being dropped.  An experienced attorney can often negotiate a plea with the prosecutor to reduce the charge to a misdemeanor.

If you have been arrested, call a criminal defense attorney who knows the law and the consequences of a criminal conviction on your future.

CALL AN AGGRESSIVE POLK CRIMINAL LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

FREE CONSULTATION – YOUR FUTURE DEPENDS ON IT! 

Thomas C. Grajek  863-688-4606

Aggressive felony attorney representing all individuals arrested in Florida and Polk County.

I was asked to explain what happens in the criminal  court system.  This was a really great class of students.  We covered the entire process from arrest through an appeal of a criminal conviction.  Some of the topics we covered are:

• What if the police do not read me my rights?
• Do I have to talk to the police?
• Why should I talk to a criminal defense attorney before I talk to the police?
• I’m guilty, is there anything a criminal lawyer can do for me?
• Do I have to take the breath test?
• What happens if I refuse the breath test or field sobriety tests?
• Should I consent to the police searching me? my car? or my house?
• What happens after I am arrested?
• What must be done immediately after I have been arrested?
• What is a Pre-Trial Release program?
• What does the “intake division” do at the prosecutor’s office? How does having an aggressive attorney help a defendant?
• Will I go to jail? Prison?
• What is a “diversion program”?  How do diversion programs work?
• What is an Arraignment?
• Does a defendant have to go to all the court dates?
• What is a Motion to Suppress?
• How do I get my police reports? What is a “Demand for Discovery”?
• How are pleas in criminal cases negotiated?
• What is a “Motion to Suppress”?  What is the procedure to file a motion?
• Why is jury selection so important in my criminal jury trial?  Does  having an experienced lawyer matter?
• How do you cross-examine a witness or a police officer?
• How does a lawyer prepare and make a persuasive closing argument?
• What do DUI videos look like?  What other types of evidence is there in criminal cases?
• What is an appeal? How do appeals work?
• What is the jurisdiction of Florida courts and what types of cases does each court handle?

These are common questions that most people have after they have been arrested.  If you want answers to these questions call me and set your free consultation.

CALL AN AGGRESSIVE POLK LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

 Thomas C. Grajek  863-688-4606

Aggressive DUI, DRUG and SEX CRIME attorney representing all individuals arrested in Florida and Polk County, Florida.  Office – Lakeland, FL.

On Friday, a man was found guilty of second degree murder in Polk County.  One piece of evidence was a tiny piece of DNA evidence on the shirt at the crime scene.  This shirt was around the neck of the strangled victim.  As a criminal defense attorney, you need to know how to determine if this DNA evidence  is reliable.

• Was it the defendant’s?  Was the testing done correctly?
• Is the lab that did the testing accredited?
• Was there contamination during DNA testing?
• Is the prosecutor’s DNA analyst competent to testify about these matters?
• Is there another explanation has how the DNA could have ended up at the scene (transfer DNA)?
• What expert is available to come to court to explain your defense to a jury?

If you are facing a serious criminal charge and your case involves DNA evidence, you need an Polk criminal lawyer that keeps up to date on the latest issues in DNA testing, science, and the law.  Criminal defense attorneys have to educate themselves in these matters that make the difference between winning and losing your criminal case.  Always ask the attorney you are thinking of retaining for your criminal case how often they attend legal seminars.  Ask when was the last seminar the attorney attended? What was the subject matter and what issues did the seminar cover?

You need to have an experienced attorney attorney that knows the law, the science, and how to try a criminal case fighting for you in court.

Thomas C. Grajek  863-688-4606

Aggressive criminal defense of all felony, misdemeanor, sexual battery and DUI cases in Polk County, Florida.

In this case, the suspect was walking home when the police asked for her license which she complied instead of walking away.  This made the initial encounter with police a “consensual encounter.”  She could have walked away and should have as the police officer had no reasonable suspicion or probable cause to detain the citizen.  The citizen told the police she was walking home and trying to avoid the crazy traffic which was a reasonable explanation for her behavior.  The cop took her license and ran a warrants check which came back clean.  However, the police officer DID NOT give the defendant her license back, but instead asked for consent to search her.  The appellate court ruled that under the circumstances of this case, by not returning the license to the citizen, that the stop became a seizure.  The officer also did not tell her she was free to leave.  This unlawful seizure resulted invalidated the defendant’s consent to the search.  Therefore, the 2nd DCA ruled that the consent was not freely and voluntarily given and the evidence should be suppressed.

What does that mean when the court grants a motion to suppress evidence?  That means that the sheriff, police, or law enforcement violated the defendant’s constitutional rights.  The police had no right to search.  So, any evidence seized or collected is thrown out of court.  In his case, that means the controlled substance seized from the defendant can not be used in court against her.  The prosecutor must prove that the accused possessed an illegal drug, but with no drug to present to a jury, the criminal charges must be dismissed.

If you have been arrested because the police stopped and searched you, you may have a defense to the charge.  The police may have violated your rights.  You may have a Motion to Suppress that could get your criminal charges dismissed!

Call Thomas C. Grajek, an experienced Polk County criminal defense lawyer who keeps up to date on the latest case law that can help you when facing a serious felony or misdemeanor criminal charge.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Office – Lakeland, FL

Thomas C. Grajek  863-688-4606

In order to cite a driver for this violation, the person must be stopped for some other lawful reason. That means that if a police officer saw a driver texting, the deputy could not pull the person over and give them a ticket, unless the cop saw another infraction that gives him that authority.

This is called a “secondary offense” because it does not allow the officer to pull you over for it, but can be an additional traffic citation. This is how Florida’s seat belt law started out. Initially, law enforcement officers or Florida Highway Patrol trooper could not pull a driver over for not wearing a seat belt, but eventually the law was changed to make not wearing a seat belt a primary offense did allow an officer to pull a person over and write a ticket for not wearing a seat belt.

There is also a provision in the law that allows police to use drivers’ mobile phone records against them only when texting causes a crash resulting in death or personal injury. Whether this part of the law stands up to illegal searches and seizures or requires a warrant before the police can get this information will eventually be challenged in court. In addition, an objection would be made that the need a custodian of records from the cell phone company to get these records into evidence to assure they are accurate and your phone record and not someone else on your plan.

The ban covers tablet computers as well as mobile phones, but excludes using a talk-to-text feature. It also allows texting while stopped at a red light. You can also use your phone records to defend against a texting-while-driving ticket, but some phone companies’ records don’t differentiate between manual texting and talk-to-text messaging.

A first violation is a $30 fine plus court costs. A second or subsequent violation within five years adds three points to the driver’s license and carries a $60 fine.

Eventually, this will become a primary offense so that the police will have another reason to pull drivers over and search their vehicles. Even if your phone records prove that you did not text, you will still have to fight the search because an officer can always say “well, it looked like he was texting.” However, a judge or jury may have something to say about that and your criminal charges could be dismissed because the officer did not have the right to pull you over.

If you were pulled over and the police searched your car, you may have a defense to the criminal charges against you.

Call aggressive criminal lawyer Thomas C. Grajek in Lakeland, Florida now and go to court with a an attorney that will fight for you!

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE

POLK COUNTY CRIMINAL DEFENSE LAWYER.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW!

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

Thomas C. Grajek 863-688-4606

Aggressive DUI, DRUG and SEX CRIME attorney representing all individuals arrested in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

The seminar was conducted by Matthew Malhiot of Forensic Alcohol & Training. Mr. Malhiot is a former Department Inspector with the Florida Department of Law Enforcement Alcohol Testing Program. His duties including developing software for the breath test machine, procedures to insure the reliability of the Intoxilyzer, inspecting the breath test machine, and all aspects of Florida’s breath testing program. The topics covered in the DUI seminar included:

• A detailed look at the Intoxilyzer 8000 – Inside and out
• How does the breath test machine work – Infrared absorption and the science behind the breath test machine
• The menu options on the machine for the Breath Test Operator, Agency Inspector, and Department Inspector
• Instrument messages – why is the machine failing and making mistakes?
• Limitations of Forensic Breath Analysis and issues with breath alcohol testing
• The Agency and Department Inspections – the monthly and yearly inspections that must be performed to insure the breath test machine is accurate
• How to perform or give someone a breath test
• How to use FDLE’s Alcohol testing Program website to find the information DUI attorneys need to fight a DUI criminal charge

A DUI defense attorney has to schedule around court and pay to attend these seminars. However, it is vital for me to attend these seminars and network with DUI attorneys from across the state. It is important to know more about the breath test machine and DUI law than the prosecutors so that my clients get the best defense to their DUI case. No other DUI attorneys from Polk County attended this seminar. All attorneys in Florida are required to undergo at least 30 hours of continuing legal education every 3 years. I currently have 102.5 hours in less than a year because knowledge is so important when defending a DUI or criminal charge.

If you have been arrested for DUI, call a Polk County DUI defense lawyer that is ready and has the knowledge to fight for you in court!

Thomas C. Grajek 863-838-5549 cell

Because you only have 10 days to request a Formal Review!

A motion for Judgment of Acquittal is a request for the judge to dismiss the charges because the prosecutor failed to put forth sufficient evidence to prove a prima facie case. That means the prosecutor has to put on evidence of each element of the alleged crime. In an Improper Exhibition of Firearm case the elements are:

1. The accused carried a gun,
2. The defendant exhibited the gun in a rude, careless, angry, or threatening manner, and
3. did so in the presence of one or more persons.

These are very difficult motions to win because when looking at the evidence the court must make all inferences in favor of the prosecutor. They are terrific wins because if you can get the criminal court to grant the Motion for J.O.A., the charge is dismissed and the jury does not even deliberate. In this case the Motion for J.O.A. was granted, my client was acquitted, the charge was dismissed, and we went home early because the jury was dismissed without the need to deliberate the case and reach a verdict.

If you are charged with Improper Exhibition or any gun or Firearm charge in Polk County, call Thomas C. Grajek and experienced trial attorney today.

DON’T HESITATE!!! CALL NOW!!!

Thomas C. Grajek 863-789-6404 cell

Case 2012-MM-014408-BA tried and dismissed May 14, 2013

If you have been arrested in the latest solicitation for lewdness sting, call me for more information about your case, how these investigations are conducted, and what defenses you may have.  In addition, I can explain to you about getting your record sealed or expunged so that your reputation is protected.  call an aggressive attorney who is fighting the outrageous fine and is willing to fight for you.

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE

POLK COUNTY CRIMINAL DEFENSE LAWYER EXPERIENCED IN ALL CRIMINAL CASES.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

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

Thomas C. Grajek  863-688-4606

Handling all criminal cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.