While there, a person who was just arrested for DUI was trying to “waive” their right to a Formal Review and apply for a hardship license for the entire period of suspension.  In a breath test refusal case, this suspension is one (1) year.  In an unlawful breath (driver blew over 0.08 legal limit) case, the suspension is six (6) months.  This allows a 1^st time DUI driver to keep some form of a license during the entire DUI ordeal.  If you request a Formal Review, fight the suspension, and lose, there is a 90 day “hard” suspension in refusal cases and a 30 day “hard” suspension in unlawful breath cases.

In order to be eligible for the hardship license, you must waive your right to a Formal Review.  I have attached the form to this post for your convenience.  You also MUST enroll in DUI school.  PREVIOUSLY, a driver ONLY had to present proof that they paid for DUI school (receipt).

THIS HAS NOW CHANGED! 

YOU MUST NOW ACTUALLY SIT DOWN WITH A COUNSELOR AND GET YOUR DUI CLASS SCHEDULE AND PRESENT THAT TO THE DHSMV Bureau of Administrative Reviews at 2814 E. Hillsborough Ave., Tampa, FL 33610.

You must also pay an application fee of $25.00 and explain to a hearing officer why you are in need of a license.

FINALLY, ALL THIS MUST BE DONE WITHIN 10 DAYS!

If you have been arrested for DUI, call an experienced DUI attorney that is a member of DUIDLA and NCDD!

Thomas C. Grajek

POLK                                                 TAMPA                                             PASCO

206 Easton Dr. Suite 102                   1910 Orient Rd.                                  24140 State Road 54 Suite E

Lakeland FL 33803                            Tampa, FL 33610                                Lutz FL 33559

(863) 838-5549                                  (813) 789-6404                                   (727) 457-8660

DMV waiver of formal review hearing form

NCDD

http://www.flcrimedefense.com/2015/05/florida-couple-found-guilty-of-sex-on-the-beach-and-now-will-be-classified-as-sexual-offenders-and-face-prison-time/

Bay News 9 is reporting that the prosecutor is only seeking 2 1/2 years in prison for the male involved in the case.  If the judge agrees to mitigate Jose Caballero’s sentence to that prison sentence, it will be a hug break for him as he is facing a mandatory 15 years in prison.  The State can agree to mitigate the sentence which is one of the few ways to legally mitigate a Florida Mandatory Minimum penalty.  The Bay News 9 story can be found at:

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2015/7/6/state_seeks_2_1_2_ye.html

The 21 year old female, Elissa Alvarez, was sentence to time served.  anytime an individual is sentenced to “time-served” for a crime that person is “Adjudicated Guilty” which means they are convicted of the offense.  This makes Ms. Alvarez a convicted felon.  Both are now sex offenders and must register and face the onerous conditions placed on sex offenders in Florida or even another state if they move.  In addition, Ms. Alavarez is prevented from sealing or expunging any other criminal record due to the adjudication.  This charge, “lewd and lascivious battery in the presence of a minor” is not an offense that can be sealed under Florida law even if the judge “withheld adjudication”.

If you have been arrested for a sexual offense, call an experienced sex crimes attorney.

Thomas C. Grajek

POLK                                                 TAMPA                                             PASCO

206 Easton Dr. Suite 102                   1910 Orient Rd.                                  24140 State Road 54 Suite E

Lakeland FL 33803                            Tampa, FL 33610                                Lutz FL 33559

(863) 838-5549                                  (813) 789-6404                                   (727) 457-8660

Unfortunately, I get many calls months AFTER the individual pled out and now it’s too late to help them.  Today, someone called asking me how much I charge to expunge a record.  However, that person went to court with a Public Defender who did not handle the case correctly and the person was Adjudicated Guilty.  The Public Defender did not negotiate or argue for a Withhold of Adjudication.  Because of this very important part of the criminal sentencing, this person is NOT ELIGIBLE TO SEAL OR EXPUNGE ANY CRIMINAL RECORD!  Even though this defendant had never been in trouble before, he was convicted.  This is just one reason why you need an experienced criminal defense attorney to represent you.  This person is now having trouble finding a job because this arrest keeps coming up in background checks.  Public Defenders work hard, but they are often new, inexperienced attorneys that are learning on the job which means they are learning on your case!  Their mistakes can cause you a lifetime of problems.

What are some of the important things you need to know BEFORE you go to court?  Call now to discuss your case with me BEFORE you go to court!

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE CRIMINAL DEFENSE LAWYER.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

 THOMAS C. GRAJEK  

 POLK                                                 TAMPA                                             PASCO

206 Easton Dr. Suite 102                   1910 Orient Rd.                                  24140 State Road 54

Lakeland FL 33803                            Tampa, FL 33610                                Lutz FL 33559

(863) 838-5549                                  (813) 789-6404                                   (727) 457-8660

• Jury selection in DUI cases
• Storytelling techniques for Opening and Closing Statements in a DUI trial
• Cross-examination of witnesses in a DUI/criminal case
• Gas Chromatography for defense attorneys (this is how blood is analyzed for blood-alcohol content and controlled substances in DUI cases including DUI Manslaughter and DUI with Serious Bodily Injury)
• Cross-examination of the Field Sobriety Tests/Exercises and DUI officer
• Breath testing trial tactics (cross examination of the breath test operator and Agency Inspector who is supposed to insure the breath test machine functions properly)
• Workshops on all phases of a trial where we analyze and discuss issues in upcoming trials

These continuing legal education seminars are vital to the defense of your case.  The seminars are applicable to all types of criminal cases.  No other DUI attorneys from Polk County attended this seminar. Who do you want defending you in court? An attorney that continues to educate himself and learn the latest law? Or, an DUI lawyer that thinks he knows everything already.

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!

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE POLK COUNTY DUI LAWYER.

 Thomas C. Grajek  863-688-4606

Remember you only have 10 days after your DUI arrest to request a Formal Review or waive the administrative hearing to get a hardship license and keep driving!

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

What does it mean to harass a police dog?  Florida criminal statute 843.19 governs this crime.  A “Police dog” means any dog, and “police horse” means any horse, that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.  There is also protection for “fire dogs” and “search and rescue” (SAR) dogs.

Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police dog, fire dog, SAR dog, or police horse commits a felony of the third degree, punishable by up to 5 years in Florida state prison.

Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police dog, fire dog, SAR dog, or police horse commits a misdemeanor of the first degree, punishable by up to a year in the Polk county jail.

Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police dog, fire dog, SAR dog, or police horse while the animal is in the performance of its duties commits a misdemeanor of the second degree, punishable by up to 60 days in the Polk jail.

A person convicted of a harassing a police dog (or any other animal listed in this section) must pay for the injuries caused to the police dog, fire dog, SAR dog, or police horse and must pay the replacement cost of the animal if, as a result of the offense, the animal can no longer perform its duties.

In this case, the football player was charged with the lowest possible criminal offense for teasing the dog. However, any criminal offense is serious and can still cost him his enrollment in school, his scholarship, and his position on the football team.  In addition, it can cause future problems in background checks when searching for a job or housing.

There are no small crimes.  All crimes are serious and can cost you in ways you never dreamed possible.  Call and speak to an experienced Polk criminal defense attorney BEFORE you go to court!

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

FREE OFFICE CONSULTATION 

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.

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.

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.