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 officers reportedly were still drinking alcohol 4 hours into their shift and never left the strip club.  The supervisors were having a hard time locating the officers.  Once they found them in the strip club, the two undercover plainclothes cops appeared “highly intoxicated.”  If these law enforcement officers had responded to the scene of a crime or high speed pursuit chase, it could have proven very dangerous for the public’s safety.

So what happens when law enforcement supervisors discover such an egregious violation or an officer’s duty to protect and serve?  Well, in this case, the undercover cops were allowed to have someone drive them home and no investigation was conducted!  Do cops let suspected drunk driver’s have a friend pick them up and drive them home or call a cab.  So, the officers level of intoxication was never taken through a blood draw or breath test to determine their blood or breath alcohol level.  And of course the internal affairs investigation concluded there was no cover up.

Eventually, an internal affairs investigation was conducted.  While this was going on, the suspected cops kept their jobs, but in an administrative capacity and kept being paid.  there was only one prior incident for Madsen in which the City of Tampa settled a lawsuit for $35,000.00 for shooting a man (holding a beer of all things) with a stun gun.

Everyday I am seeing more and more police officers being fired or disciplined.  I just blogged about this the other day at http://www.flcrimedefense.com/2013/05/off-duty-lakeland-police-officer-charged-with-battery-after-alleged-road-rage-incident/

Recently, FDLE reportedly began an investigation of Lakeland Police Department.  How can this affect your criminal case when you are disputing the allegations made by a police officer against you?  These internal affairs investigations can affect the officer’s credibility on the stand especially when it is the officer’s word against you, the citizen accused of a crime.  That is why I often file Public Record Requests to discover if there is something in an officer’s personnel file that may affect his credibility and improve the defense of your case.

That is just one example of what an aggressive criminal defense attorney does to fight for you in court!

CALL AN AGGRESSIVE LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND

FIGHT FOR YOU !!!

THOMAS C. GRAJEK – CALL NOW   863-688-4606