The Florida woman was charged with battery on the elderly after video from the hidden camera showed her and another nursing assistant abusing a 76-year-old Alzheimer’s patient. The incident occurred at a nursing home in Winter Haven, Florida.

The nursing assistants are shown in the video footage hitting, kicking and taunting the nursing home resident on three occasions in 2014. The other nursing assistant previously received an 18-month prison sentence and five years of probation.

The family of the nursing home resident noticed bruising on the man’s body, which led them to place a hidden camera in his room, inside a clock. The man has since passed away.

The nursing assistant’s sentence also includes forfeiting her nursing license, writing a letter of apology to the man’s family, and undergoing a 26-week batterer intervention program.

The case was influential in a movement by the legislatures of several states to allow hidden cameras in the rooms of nursing home residents.

If you suspect that your loved one may have been a victim of nursing home neglect or abuse, contact Joyce & Reyes for a free consultation.

If you need to speak with a Tampa nursing home abuse lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

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

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.

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)

The Stand Your Ground Defense allows a person arrested for a criminal charge to file a motion with the court requesting that the charges be dismissed.  The court holds a hearing prior to the jury trial in order to determine whether the person invoking his right to “stand his ground” has immunity from prosecution.  If the arrested person wins the motion, the criminal charges are dismissed.  I currently have a motion to dismiss set on the basis of Stand Your Ground in a Winter Haven case.  If the motion is denied, a writ can be filed for review by a higher court.  If denied, the case would proceed to trial and the jury would determine whether the individual on trial was entitled to stand their ground or use self-defense.

The “Stand Your Ground” law can be used as a defense to a number of criminal charges, but is most often seen in battery or murder cases.  If you have been arrested and think you had a right to “Stand Your Ground” call an experienced crimianl defense attorney who has handled these types of motions and cases.

Thomas C. Grajek – Polk Criminal Lawyer

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.

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.