Love Inc. Breakfast

Love In the Name of Christ is a volunteer group that brings local churches, church volunteers, and community organizations together to respond to needs in our community. Recently, Mr. Maddux attended their breakfast event where they told the story of our client and her flight and freedom from a bad situation. It felt wonderful to be a part of helping her.

2022 Marcelino "Bubba" Huerta Award Ceremony

The Marcelino "Bubba" Huerta III Award for Professionalism and Pro Bono Service is presented to an attorney who exhibits the professional practice, the dedication to pro bono service, and the diligent work in the pursuit of equal justice that made Bubba a remarkable lawyer. Mr. Maddux, the recipient in 2010, is pictured below with fellow past recipients and 2022 receipt, Shelton Bridges.

What We Do/How We Do It

We work with folks who have been arrested, injured, or had their civil rights violated. Our clients have a hunger for justice. To achieve their desire, we take on prosecutors, insurance companies, and government bullies. We are unique because in each concentration area, we strive to alleviate human suffering.

We help our personal injury clients knit their lives back together. We situate them in their time of upheaval. We handle interactions with insurance companies, assure they receive quality medical care, and seek full value for their injuries and losses from all resources. We comfort folks while on the challenging path that follows an accident.

We support our clients confronted with criminal allegations. We listen to their stories, investigate the truth, uphold the Constitution, protect them from unjust retribution, empower their recovery, and embolden them to know life will go on filled with hope and chances for real meaning.

We give voice to people mistreated by government actors. We believe people deserve reasonable, safe, and judicious interactions with law enforcement, incarceration institutions, probation officers, medical staff at jails and prisons, and any other agencies or persons pledging to care for us. We seek to uphold our sacred Constitution and laws securing fairness, justice, and liberty for all. There are deeply rooted rights that must be stood up for and preserved. We do this. We strive to bring freedom to captives of government oppression, bullying, and abuse.

Ultimately, you don’t want to need us, but we are here for you!

Why Plea Matters If You Are Not a U.S. Citizen

If you are not a United States citizen and you are charged with a crime (either misdemeanor or felony), it’s important to know one thing: a plea to a crime can subject you to deportation. It’s important enough that it is included in standard plea forms and judges are required to remind defendants of this consequence during the plea colloquy. If it’s not crystal clear whether a plea can subject you to deportation or interfere with your status in the U.S., do not enter a change of plea until you have all the information. So, if you are not a U.S. citizen, you must discuss whether a plea to your criminal charge can result in your deportation even if you are a permanent U.S. resident or green cardholder with your lawyer. Also, pleas can impact DACA status so investigate this as well. If you need to hire a lawyer, you can call our office at (813) 253-3363.

DUI Deferred Prosecution

The Eighth Judicial Circuit State Attorney’s Office which includes Alachua County has created a deferred prosecution program for people charged with certain types of criminal offenses, including DUI. A deferred prosecution is a contract between the person charged with the DUI and the State Attorney’s Office.  This agreement will require that within a certain period of time, usually one year, the person charged with the DUI complete all requirements in the agreement.  The requirements may include paying the cost of prosecution, community service hours, substance abuse evaluation and/or treatment. Once these requirements or sanctions are completed and proof of the completion is provided to the Assistant State Attorney in the time required, the State Attorney’s Office will reduce the DUI charge to a Reckless Driving Citation. However, if the terms of the agreement are not completed in the allotted time, the person’s DUI case would open back up and be prosecuted fully.

In order to be eligible for consideration of Deferred Prosecution, the person charged with the DUI must have no prior arrests or convictions of any sort and apply for approval by the State Attorney’s Office.  

Is Uber Really Safe?

Uber was founded in 2009 and has taken over the transportation world by storm, especially in Gainesville and college towns around the world. Claiming to be the “easiest way around,” Uber offers a taxi like service through the use of their cell phone application.

With the simple touch of a button, you can track your driver as he/she goes to your location for pickup, and then track your ride to the final destination on the map. Payment is all done over the application with the cost being provided up front even before selecting the ride. According to their website, “[f]rom start to finish, a ride you can trust. Your safety is important to us before, during, and after every trip. That’s why we continue to develop technology that helps make millions of rides safer every day.” https://www.uber.com/ride/

But is it really the safest option? On the evening of June 14, 2017, a young lady in downtown Gainesville used the Uber App to get a ride home. As she clicked the button, she was assigned to 66-year-old Edwin Ricci as her driver.

When her ride arrived, she got in the car and began to track her route through the app. She quickly noticed Ricci was going the wrong way and headed down a dead-end road. When she asked where he was going, he advised, “We are just going for a little ride.”

Luckily for the lady, she was on FaceTime Video chat with a friend during the ride and advised her friend what was happening. When the car stopped, the lady was able to jump out and run away, but not before she was battered.

Edwin Ricci was subsequently arrested by the Gainesville Police Department on June 27, 2017 and faces one count of simple battery.

While these incidents are likely very rare, they do happen. Uber is a great and affordable option to prevent a DUI charge. But while Uber seems safe after a night of drinking, responsibility is key. Know your surroundings. If something doesn’t seem right, get out.

If however, you choose to drive and have the unfortunate circumstance of being arrested for a DUI, please contact the Law Firm of Michael P. Maddux to assist you in navigating through both the criminal court system and the DMV.

Spring Break: From Fun to Catastrophe

Spring Break at the University of Florida started on Monday. For a lot of students, this means a week of freedom and fun away from the stresses of Gainesville. But for others, this fun can quickly turn into a catastrophe when alcohol is involved and inhibitions are left behind in Gainesville. 

For University of Florida’s Study Body President-Elect, William Myers, this was the case. Myers was arrested on Tuesday and charged with criminal mischief/vandalism in Key West. According to the police report, while intoxicated, he tried to climb onto several parked motorcycles, knocking them over when he could not get them started.

While only a misdemeanor, this charge or any charge could have devastating effects on future employment opportunities. If you or someone you know had the unfortunate chance of being arrested while on Spring Break, please contact our office immediately for zealous representation. Don’t let Spring Break fun turn into Spring Break Catastrophe.

Florida Supreme Court Hears Arguments on Stand Your Ground

The Florida Supreme Court is currently considering whether a successful Stand Your Ground Motion in a criminal case would be a bar to a future civil action.

In Florida, a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. Fla. Stat. § 776.012(2).

Stand Your Ground may be raised both in a criminal prosecution, as well as an affirmative defense in a civil suit. Currently, there is a disagreement among the District Court of Appeals in the State of Florida with regards to Stand Your Ground and its application in a civil case after a successful criminal defense.

The Second District Court of Appeal concluded that when someone successfully demonstrates immunity from criminal prosecution under Florida’s so-call Stand Your Ground law, section 776.032(1) Florida Statutes (2008), he does not have to prove it again in a subsequent civil suit, as the same immunity applies in the civil action as well. Patel v. Kumar, 41 Fla. L. Weekly D1542 (2nd DCA, 2016)

However, the Third District Court of Appeal in Flemmings had previously stated that a similarly situated defendant would have to litigate the issue of his immunity in a civil action notwithstanding that he had successfully done so in a previous criminal prosecution arising from the same incident. Professional Roofing & Sales, Inc. v. Flemmings, 138 So.3d 524 (Fla. 3d DCA 2014)

Because the Second District Court of Appeal’s opinion constitutes an express and direct conflict with the Third District Court of Appeal’s statements in Flemmings, the Florida Supreme Court exerted its discretionary jurisdiction to review the Second District Court of Appeal’s June 29, 2016 opinion in order to address this conflict. The statute and these cases show the interesting interplay between criminal and tort law.

Florida Gator Football is Back, Don’t Drink and Drive

The Florida Gators are back in action and tailgating is in full force in Gainesville. Celebrating with the Gator Nation and cheering our team to victory is a long-standing tradition. But don’t forget to celebrate responsibly.

On average, it will take a person who weighs approximately 140 lbs, three drinks in one hour, to reach a Blood Alcohol Level of .08, the legal limit in the State of Florida.

Did you know that a Blood alcohol level of .02 will be broken down in approximately one and a half hours, BAC levels of .05 are broken down in three and a half hours, .08 is broken down in five and a half hours and .10 can take up to 6.6 hours to be broken down. Therefore, merely stopping the consumption of alcohol during the football game is not enough, before you get in the car to drive home safely.

Please do not drink and drive, however, if you or someone you know has had the unfortunate experience of being arrested for driving under the influence, please contact the experienced attorneys at Michael P. Maddux, P.A. to assist you in navigating through both the Division of Motor Vehicle System as well as the Criminal Justice System.

Ultimately, Drink Responsibly and GO GATORS!

DUI Check Points are Back in Gainesville

After a several year hiatus, DUI check points are making there comeback in Gainesville. The last DUI Checkpoint in Gainesville was December 31, 2013. However, members of the Florida Highway Patrol, Alachua County Sheriff’s Office and Gainesville Police Department started back up again on June 26, 2015 with a DUI Checkpoint on Archer Road. According to the Gainesville Police Department Facebook page, “The Checkpoint serves as an educational tool and reminder for those driving the roadways of the dangers of driving under the influence of alcoholic beverages.” Please do not drink and drive, however, if you or someone you know has had the unfortunate experience of being arrested for driving under the influence, please contact the experienced attorneys at Michael P. Maddux, P.A. to assist you in navigating through both the Division of Motor Vehicle System as well as the Criminal Justice System.

Prison Death Statistics Now Readily Available

Under growing scrutiny regarding the increasing number of deaths within the prisons each year, the Florida Department of Corrections has released a database to the public which allows individuals to review all prison deaths in the State of Florida for the past fourteen years. People can see the status of a death investigation as well as some summary reports of closed cases. The search can be done by facility, sex, race or manner of death.

Secretary Mike Crews claims:

“By taking advantage of technology, we are allowing the public to have access to the information about in-custody deaths that is available to us.  This is another step toward increasing transparency and accountability into the functions of the Department.” 

The Department of Corrections currently houses approximately 101,000 inmates in 49 institutions around the State of Florida. All non-natural deaths are investigated by the Florida Department of Law Enforcement with help of the Office of Inspector General. The remaining deaths are investigated by the Officer of Inspector General alone.

To date this year, there have been 225 deaths within the Florida Department of Corrections facilities. Of those, 213 are male and 12 are female. Three deaths were the result of homicide, one was the result of a suicide and eighty-seven cases are still being investigated.

Although this is not a complete fix to the problem regarding abuse in the prisons, this is a step in the right direction towards making a change.

If you have a family member or friend who has died or is/was the victim of abuse while in a Florida prison, please contact the Law Office Michael P. Maddux who will ensure that the proper investigation is completed and a just resolution is obtained. No one deserves to be abused by prison guards, regardless of the reason they are in the prison.

Juvenile Falsely Arrested in Clay County

An innocent juvenile spent 35 days in the Clay County Jail after three deputies failed check that they had the correct suspect based on a photo lineup. The correct suspect was another student at the high school with the same name. The three deputies involved have been disciplined.

If you have been the victim of a false arrest, please contact our office for a consultation.

For the full report, please see: http://www.wcjb.com/local-news-state-news/2014/02/teen-spends-35-days-jail-after-mistaken-arrest