Tampa CAR INSURANCE AT AN ALL TIME HIGH

Did you know that Tampa is among the top five highest car insurance rates in the US. On average, people in Tampa pay $4,078 per year for full coverage. The national average is only $2,543. Traffic tickets and accidents can impact your rates.

If you have received a traffic ticket or got into a car accident, please contact our office so we can help minimize the impact it may have on your insurance rates.

Police Civilian Reviews May Be Coming to an End in Florida

A bill currently before the Florida Legislature would end all local civilian review boards in Florida. Many cities throughout the State, including Tampa and St. Petersburg, currently have review boards in place to review complaints against local law enforcement officers. The purpose of the new Bill would be to ensure a unform process for handling complaints against police officers throughout the State. Our office specializes in police misconduct. If you have been affected by police misconduct, please contact our office to help you navigate the Complaint process.

The importance of an interpreter

We have represented many clients that have speak many different languages including deaf clients who speak sign language. As part of that representation, we have to secure an interpreter for court appearances, which may be challenging depending on what language the client speaks. Another issue that comes up is that the interpreters who do in court interpreting, are only allowed to interpret in court without leave of court, which means if the client needs to sign up with probation that day, then the judge must give permission for it. This is usually only a formality. But the big issue is if the client has other obligations while on supervision that require the services of an interpreter. So the attorney has to anticipate potential roadblocks to successful completion of probation and negotiate terms that are more manageable for a clients who do not use traditional communication methods.

Domestic Violence Pre-Trial Release Conditions

There are many different Pre-Trial Release Conditions that Judges may impose on individuals who have pending domestic violence charges. One includes the batter’s intervention program. These are classes aimed at teaching proper ways to deal with domestic situations. Even though an individual is presumed innocent until proven guilty, that person may still be required to take classes in order to reestablish contact with the alleged victim, if the alleged victim requests to have contact.

what you need to know about senate bill 1092

The Florida Senate has a draft bill that would amend, among others, Fla. Stat. 776.051 and essentially prohibit the use or threatened use of force against law enforcement officers as a defense to battery on a law enforcement officer. Right now, self-defense is not a defense to battery on a law enforcement officer if the officer is engaged in the execution of a legal duty and acting in good faith. However, the amendment seeks to strike this language and explicitly states that a person is not justified in using or threatening to use force to resist a lawful or unlawful arrest. While it is not advisable to use force against law enforcement under any circumstances, it may no longer be a defense if this bill passes and is signed by the governor.

Move over!!

In Florida, drivers have been required to move over or vacate the lane closest to stopped first responders, tow trucks, or other emergency vehicles as soon as it is safe, or slow down to a speed that is 20 miles per hour less than the posted speed limit under Florida Statute 316.126. However, on January 1, 2024, the legislature included that one must also move over for a “stopped disabled vehicle with its hazard lights on, using emergency flares or emergency signage, or at least one person is visibly present with the vehicle.”  A violation of this law could result in a moving violation (points on your driving record) and a fine of up to $158. So if you see a vehicle or person on the side of the road, slow down and MOVE OVER!

“Protect Our Loved Ones” Act is going into effect

This new law authorizes law enforcement agencies in Florida to maintain a database of persons who may have certain developmental, psychological, or other disabilities or conditions, including Autism Spectrum Disorder, Alzheimer’s disease, or Dementia disorders. By allowing law enforcement to access this information prior to or during an encounter with a person suspected of having such a condition, it will assist them in the performance of their official duties. An adult (or a parent or legal guardian) with a disability or condition may enroll herself or himself in the registry if the condition has been certified by a licensed psychologist, licensed mental health counselor, or a psychiatrist. If you or a loved one has encountered such a situation with a law enforcement agency and feel that your civil rights may have been violated, please contact our office to discuss all legal and available options. In theory, this law will empower, law-enforcement to be prepared to de-escalate mental health situations instead of responding with unnecessary force and tactics that don’t help neutralize the situation.

BEWARE OF PORCH PIRATES

The holiday season is upon us, which means many people are getting their Christmas shopping done online and getting presents delivered to their homes. However, an increase in online shopping means an increase in the possibility of those deliveries being stolen by “porch pirates.” While Florida does not have a specific statute criminalizing the acts of porch pirates, it still falls under the theft statutes. Depending on the value of what is stolen from your porch, thieves could be charged with a misdemeanor or a felony. If the theft is from the United States Postal Service, they would be charged with a felony in federal court. While the theft of deliveries from common carriers in Florida is not a felony, there could be a push for it as this issue becomes more prominent.

CONSEQUENCES FOR UNAUTHORIZED TOW TRUCK OPERATORS

Recently, one of our clients witnessed a traffic accident and offered to drive his car to his house to retrieve his tow truck to help the stranded driver. Upon returning with his tow truck, he was confronted by law enforcement about offering his services. Even though he was doing this as an act of kindness and not for financial gain, he was charged with “Solicitation by Unauthorized Wrecker Operator.” He was arrested at the scene and his tow truck was impounded, depriving him of work for several days. Per Fla. Stat. 323.002, it is unlawful to initiate contact with the driver of a disabled vehicle and to offer services if they are not part of the “Wrecker Operator System.” If you or someone you know encounters this situation, please feel free to contact our office to discuss all available options to defend yourself.

Updates to Motor Vehicle Windshield Replacement Practices

Effective May 25, 2023, insurance companies and their agents can no longer require a customer to use a specific company or location for windshield replacement or repair. Also, newly replaced windshields will now need to receive recalibration with the advance of driver assistance technologies imbedded in windshields. These changes are the result of Senate Bill 1002 which was designed to get windshield replacement policies up to date.

Consequences for Habitual Traffic Offenders

Often criminal convictions can have collateral consequences. Pursuant to Florida Statute Section 322.264, a person can be designated a “Habitual Traffic Offender” (HFO), when a person has accumulated the specific number of convictions in certain traffic related offenses. The most common offenses that cause people to be categorized as habitual traffic offender is if a person has three or more convictions within a 5-year period for DUI or driving while license suspended or revoked (DWLS). A designation as a habitual traffic offender carries with it a 5-year driver’s license suspension. It is important to have a skilled and knowledgeable attorney when facing a charge for DUI or DWLS to fight the case. Furthermore, if you have prior DWLS convictions, capable counsel can potentially have those prior DWLS convictions reopened to avoid becoming a habitual traffic offender and having your license suspended for 5 years.

The FL Brightline train is coming to tampa!

Tampa is gearing up for a transformative change as the Florida Brightline train extends its reach to the city unlocking a host of benefits. 

Firstly, commuting gets a major upgrade. The Brightline offers a quick and efficient connection between cities, reducing travel times and relieving congestion on roads. This is a boost for locals and for those out of town as it will make Tampa more accessible. Economically, Tampa stands to gain significantly. Improved connectivity attracts investors and tourists, fostering economic growth and creating job opportunities. The city becomes an even more appealing destination for events and tourism. As a greener alternative to individual car travel, the Brightline aligns with eco-conscious commuting, contributing to a more sustainable future for Tampa. Beyond practicality, the Brightline promises a comfortable and enjoyable travel experience. Passengers can work, relax, or soak in the scenic beauty during their journey. 

In essence, the Brightline’s arrival in Tampa isn’t just about tracks and trains; it’s about catalyzing growth, enhancing connectivity, and embracing a more sustainable future. Tampa’s tomorrow looks brighter than ever!

Wear your helmet!

Generally, a person may not operate or ride a motorcycle without a helmet under Florida Statute 316.211. However, if a person over 21 years old can operate or ride upon a motorcycle without a helmet if the person has an insurance policy providing at least $10,000 in medical coverage for injuries from a crash while operating or riding a motorcycle. While wearing a helmet does not guarantee an operator or rider’s safety, it does reduce the risk of a severe head injury or death.

OFFICERS CAN PULL YOU OVER EVEN IF NO TRAFFIC VIOLATION HAS BEEN COMMITEED

Generally, law enforcement can only conduct a traffic stop on a driver if the officer witnesses a traffic violation. However, an officer can conduct a traffic stop on a driver when the officer has a founded suspicion that the driver is under the influence, even when a separate traffic violation is not committed. Nicholas v. State, 857 So. 2d 980, 981 (Fla. 2d DCA 2003). An erratic driving pattern, for example significant weaving in the lane, would be enough to support a lawful traffic stop. This is because “[t]he courts of this state have recognized that a legitimate concern for the safety of the motoring public can warrant a brief investigatory stop to determine whether a driver is ill, tired, or driving under the influence in situations less suspicious than that required for other types of criminal behavior.” Department of Highway Safety & Motor Vehicles v. DeShong, 603 So.2d 1349 (Fla. 2d DCA 1992). Thus, there is lower standard to conduct a traffic stop when the officer believes a driver might be impaired, ill, or tired and there is erratic driving present that is not a traffic violation.

Maddux Attorneys has been handling DUI defense for over 25 years. If you, a friend, or a loved, one has been charged with DUI, please give us a call.  DUI defense can be complicated and often cases that appear hopeless can have favorable outcomes. 

Resisting Arrest and Free Speech

Florida Courts have found that words alone rarely support a conviction for resisting an officer without violence charges under Florida Statute 843.02. The Second District Court of Appeals has limited exceptions in which a conviction may be proper based on words of the accused. These instances are when the officer is executing process on the individual, legally detained that individual, or has asked that person for assistance in an ongoing emergency. D.A.W. v. State, 945 So. 2d 624, 626 (Fla. 2d DCA 2006). Otherwise, that person’s conduct must be physically obstructive, not merely verbally harassing to support a conviction for resisting without violence. Id. “[A] person’s exercise of free speech, without more, in an open public place while an officer is engaged in the execution of a legal duty must do more than merely irritate, annoy, or distract the officer to constitute a crime.” Id. at 627.

new laws went into effect in the State of Florida

Among the changes are stronger penalties for the makers and distributors of fentanyl, especially if sold to children; and the opening up of the death penalty for those convicted of sexual battery of children, allowing death penalty sentences for people who commit sexual battery on kids under age 12.  On the lighter side of the law changes, the “anti-streaking” law is now official.  Anyone who runs onto an event stage or field can face a first-degree misdemeanor charge with a penalty of up to one year in jail and a maximum fine of up to $2,500.  These changes in the law demonstrate trends toward targeting particular defendants whether they be sex offenders, drug traffickers, or rabid sports fans!

Mental Competency in Federal Courts

The statute that provides guidance on mental competency in federal court is 18 U.S.C. 4241. It allows the attorney for the defendant or for the Government to raise the issue by filing a motion with the court. The standard the court looks at when determining competency is if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. The judge will then usually order a psychiatric or psychological examination of the defendant along with a report based on the examination be provided to the judge. Then the judge will have a hearing where testimony is provided by the examiner about their findings. If the judge determines the defendant to not be competent to stand trial, the defendant will be committed to the custody of the Attorney General to hospitalize the defendant in a suitable treatment to attempt to see if the defendant’s competency can be restored. Generally, the hospitalization must only be for a reasonable period of time, not to exceed four months. However, the Attorney General can ask for additional time but must show that the defendant’s mental condition has improved so trial may proceed if the additional time is likely to aid in the defendant attaining capacity to stand trial. If the defendant is still not competent to proceed, then it will be up to the United States Attorney’s Office to move for a dismissal of the case.

concequences for racing

Under Florida Statute 316.191, a person may not “drive any motor vehicle in any street takeover, stunt driving, race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot.” A conviction under this statute carries with it fine of at least $500 and an automatic 1 year driver’s license revocation.

Business Purpose Only Driver’s license

Anybody with a suspended, revoked, or cancelled driver’s license may be eligible for a hardship license which can allow the driving privilege to be reinstated for restricted purposes only. Oftentimes the hardship license is restricted to business purposes only. Florida Statute 322.271 (1)(c) defines business purpose as being limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for religious or medical purposes. Courts have found that this can include obtaining or paying a utility bill.  See State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (15th Jud. Cir., Sep 12 2002) and Vilches v. State, 12 Fla. L. Weekly Supp. 530a (11th Jud. Cir., Mar 29 2005). However, a driver with a business purpose only license should be cautious and use common sense because if you are found in violation of the restricted purpose, not only could it result in criminal charges, but it likely will result in revocation of the permit.

you should never Leave the Scene of an Accident

Florida law compels drivers involved in an accident to remain at or near the scene of the crash until you have provided your information to the other driver or law enforcement or render aid to those involved. Leaving the scene of an accident without providing your information or aid, commonly referred to as a “hit and run” can result in criminal consequences pursuant to Florida Statute 316.027. If the accident resulted in damage to property only, the driver can be charged with a second-degree misdemeanor punishable up to 60 days in jail and a $500 fine. If the accident resulted in minor or non-serious bodily injury, then the driver can be charged with a third-degree felony punishable up to five (5) years in prison and a fine of $5,000. If the accident resulted in serious bodily injury, the driver can be charged with a second-degree felony punishable up to 15 years in prison and a $10,000 fine. Lastly, if the accident involved a death, the driver can be charged with a first-degree felony punishable by up to 30 years in prison and a $10,000 fine. Thus, there are serious consequences for leaving the scene of an accident.

Kim Kardashian’s Unlikely Role: Civil Rights Advocate

Kim Kardashian, one of the most famous celebrities and reality TV stars, is making waves as Civil Rights advocate. Her commitment to addressing systemic issues and advocating for change highlights the influence of celebrity activism. Kim Kardashian's advocacy began with her successful efforts to secure the release of Alice Marie Johnson, a nonviolent drug offender serving a life sentence. Her meeting with then-President Donald Trump in 2018 resulted in Johnson's clemency. (Source: CNN Politics) Kim has not stopped there. She launched the "90 Days of Freedom" campaign to release nonviolent drug offenders, worked on reforming parole and probation systems, and partnered with organizations like the Innocence Project to amplify marginalized voices. (Source: CBS NEWS)

Kim Kardashian's unexpected journey as a Civil Rights advocate serves as a powerful reminder that anyone, regardless of their background or fame, can make a meaningful difference in the fight for social justice. Her work has already led to policy changes and inspired others in the entertainment industry to engage in positive change.

Anger Management vs. Batterer's Intervention Program (BIP)

One of the differences between anger management and BIP is that anger management is usually 6-20 sessions averaging 10 sessions, whereas BIP is 29 weeks including an assessment, intake/enrollment, and orientation. Anger management is geared towards violence against strangers or non-intimate violence. BIP is designed to work with those accused of domestic violence. In anger management violence is seen as a momentary outburst of anger. BIP sees physical violence in the context of physical violence chosen by offenders to control their partners and teaches the accused to practice alternatives to abusive behaviors. What this means is that anger management focuses on managing emotions and BIP focuses on changing beliefs and behavior.

Let’s Rush the Field!

Or maybe not! A new Florida law makes it a first degree misdemeanor (punishable by up to 1 year in the county jail) and a maximum fine of $2500 for interfering with sports events, artistic events or going onto fields or stages without authorization. The law also prohibits profiting from these violations, so think again before rushing the field and posting about it!

Are Breath Tests Really Accurate?

In Florida, police agencies use the Intoxilyzer 8000 to test breath samples. To be accurate, the machines must be properly cared for, cleaned and maintained. Inaccuracies can occur due to human error or mechanical issues of the machine. Fortunately, in Florida, all Intoxilyzer 8000 records are public and can be found on the FDLE website for review. Due to the myriad of reasons a breath sample could be inaccurate, it is critical that all breath results be examined by an attorney with expertise in the area. If you or someone you know have been arrested for DUI, contact our office so we can fully examine all aspects of your DUI.  

Death Penalty for Child Rape      

In Florida, starting Sunday, Oct. 1, 2023, a person convicted of rape of a child under the age the 12 can be sentenced to death. A new law also allows a jury by a vote of 8-4 to recommend death. The previous laws did not allow the death penalty for none death cases and required a unanimous vote of death by a jury before death penalty could be imposed. Florida continues to become more tough on crime and exceeding tough on criminal sentences. Given that errant convictions are overturned every year on death penalty cases in jurisdictions around the country, the new plan to allow for death through a 2/3rd majority is a sickening development.

did you know?

When an Expungement or Seal Order is granted by the Court, the Clerk of Court is only required to notify government agencies directly involved with the creation of the record.  These agencies are the prosecuting authority, the arresting agency, and the FDLE.  Private entities that obtain criminal history information through public record requests, sale, or bulk purchase, are not notified because they are not official agencies.  Additional steps need to be taken to remove the arrest information from these mugshot and private background check companies.

Trespassing on Posted Construction Site

In Florida, it is a felony to trespass on a posted construction site. The construction site must have signage displayed which states: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” While trespassing is usually a misdemeanor, the legislator has made it a felony to trespass on a construction site. If you are charged with trespassing on a posted construction site, you should contact an experienced attorney to see what defenses may be available to you to fight the charge.

Artificial Intelligence Now Screening Prison Calls

The Florida Department of Corrections is now using a program called Versus, to listen to all incoming and outgoing calls to inmates. The information is then shared with law enforcement and prosecutors. Only calls with lawyers, spiritual advisors, and doctors are exempt. Therefore, it is CRUCIAL that you NOT discuss the facts of a case on the telephone. You are being listened to and it WILL be used against you.

False Arrest for DUI        

It happens, and it happens more than you would expect. But they are not always compensable. Here are some things we look at in evaluating False Arrest DUI cases:

• The basis for the traffic stop; did you pay a civil citation related to the stop?

• Your appearance/demeanor on dash camera/ body camera videos

• Did you do Field Sobriety Exercises; how do you look during those exercises?

• Admissions to drinking and/or using drugs

• Breath test results/urine results

If you have been falsely arrested for a DUI, please contact our office so an experienced attorney can review your potential claim.

Sign Language Interpreters are NOT Required For Field Sobriety Exercises

When a person is suspected of driving under the influence, a police officer will request the driver conduct field sobriety exercises to determine whether a person shows sign of impairment. These exercises require a police officer to provide verbal instructions on the proper way to complete each exercise. The Court has held that Title II-ADA may require reasonable modifications, but such modifications are a fact-specific inquiry. While one would assume the Court would require interpreters be present to assist in the explanation of the exercises, that is NOT the case. In Bircoll v. Miami-Dade Cnty., 480 F.3d 1072, 1086 (11th Cir. 2007), the Court held that waiting for an interpreter before taking field sobriety tests is not a reasonable modification of police procedures given the exigent circumstances of a DUI stop on the side of a highway, the on-the-spot judgment required of police, and the serious public safety concerns in DUI criminal activity. The Court concluded that forestalling all police activity at a roadside DUI stop until an interpreter arrives is not only impractical but also would jeopardize the police's ability to act in time to obtain an accurate measure of the driver's inebriation. Moreover, field sobriety exercises are short tests that can be physically and visually demonstrated. DUI stops do not involve lengthy communications and the suspect is not asked to give a written statement. In sum, field sobriety tests in DUI arrests involve exigencies that necessitate prompt action for the protection of the public and make the provision of an interpreter to a driver who can read lips per se not reasonable.

What is Entrapment?

Entrapment is a defense to a criminal accusation in which a person committed a crime, but was encouraged by law enforcement to commit the crime. To establish the defense of entrapment, one must prove, 1) they were induced or encouraged to commit the crime by law enforcement, and 2) the person did not have a predisposition to commit the crime. Predisposition means the person had a readiness or willingness to commit the crime without law enforcement persuasion. A successful entrapment defense will result in a dismissal of the criminal charges.

Florida’s NEW Statewide Uniform Bond Schedule

Beginning January 1, 2024, the Supreme Court of Florida must create and adopt a uniform statewide bond schedule for criminal offenses. Section 903.011 of the Florida Statutes will also prohibit the release of persons accused of crimes before their first appearance or bail determination if they meet certain criteria set forth in the statute. These would include the person being arrested for violating a protective injunction, domestic violence, stalking, battery on a law enforcement office, or resisting an officer with violence, among many others listed in the statute. Furthermore, the chief judge of each circuit court would have to petition the Florida Supreme Court to set a lower bond amount than required by the uniform statewide bond schedule.

No Contact Orders

No Contact Orders are standard in domestic violence cases. However, if the alleged victim and the alleged suspect reconcile, the No Contact Order can only be lifted by the Judge, not the parties. Even though an alleged victim may want to have contact, no contact can occur until the Judge lifts the Order. A violation of a No Contact Order will usually result in a person’s bond being revoked and the person going back to jail with no bond until a future court hearing. Therefore, it is imperative that a No Contact Order is followed and if you wish to have contact, have an attorney file the Motion to lift the Order.

Expungement May Impact Your False Arrest Claim

Most criminal defense attorneys will offer to assist you in the expungement process if your charges are dismissed. However, if your charges are successfully expunged, the criminal file is destroyed. Therefore, if you are interested in pursuing a false arrest claim, it is imperative that you consult with a civil rights attorney before expunging your record to ensure records are property preserved before the files are destroyed.

5 Words/Jargon Your Lawyer May Use

1. Restitution: Money for repayment of damages

2. PI: Personal Injury; commonly use to describe car accident cases

3. Tort: An act that causes harm

4. Negligence: Failing to take proper care.

5. Affidavit: Written Statement made under oath.

Is your lawyer using other confusing words that you need explained? Send us a text and let us know other words you may not understand.

Character Letters Don’t Condone the Crime.

Mila Kunis and Ashton Kutcher have come under fire for the character letters they wrote on behalf of convicted rapist Danny Masterson. However, this backlash is misplaced. Character letters do not condone the crime. Instead, character letters are used to paint a full picture of a person and provide insight to the Court or prosecution about who the person is, outside of the crime they are alleged to have committed.

If asked to write a character letter on someone’s behalf, please take the following into consideration. A compelling character letter will explain how you know the person, describe the person with specific examples of their good character and not undermine, condone or provide excuses for the alleged criminal acts. Judges and prosecutors do read the character letters. A good character letter can have a substantial impact on the resolution of a case.

FOOTBALL SEASON IS HERE! IT’S YOUR RESPONSIBILITY TO STAY SAFE AND BE SMART.

Sixteen individuals were ejected from Saturday’s University of Florida football game against McNeese State University. This included ejections for disorderly conduct and public intoxication. While no arrests were made, fans be warned, arrests can and do happen.

If you or someone you know have the unfortunate experience of being arrested at a football game, it is imperative that you contact an attorney immediately. Timely communication with the prosecutor could result in the State deciding to not bring formal charges and dismissing the action with days of the arrest.  Be safe, be smart and GO GATORS!

Police Officers May Not Be Liable for Their Pursuits that Cause Injury or Death

Police officers and/or the police agency they are employed with are only liable for injuries or death that they cause during a police pursuit if the Plaintiff can prove ALL of the following:

1. The pursuit was so reckless or wanting in care as to constitute disregard of human life, human rights, safety, or the property of another;
2. The officer did not reasonably believe that the person fleeing had committed a forcible felony; AND
3. The pursuit was in violation of the agency’s written policy regarding high-speed pursuits.

 If all 3 cannot be established, the officer and agency are immune from liability.

September 11, 2023

FL LAWYERS MUST GET ADS APPROVED BY THE FL BAR

According to Rule 4-7.11(a), the lawyer advertising rules in Florida apply to all forms of communication seeking legal employment in any print or electronic form. This includes newspapers, magazines, brochures, flyers, television, radio, direct mail, electronic mail, and Internet, including banners, pop-ups, websites, social networking, and video sharing media. All advertisements must be submitted to the Ethics and Advertising Department of the Florida Bar.

Do advertising rules apply to "social media"?
Florida lawyer websites and blogs do not need to be submitted for review. See Rule 4-7.20(g). Similarly, a lawyer’s page on a networking site, such as Instagram, that is sufficiently similar to a website of a lawyer are not required to be submitted for review. To learn more about the requirements for getting your advertisements approved, visit: FLAYLD_Social-Media-Pocket-Guide v2 Lawyers should always be mindful of the image their advertisements are promoting, not only of themselves, but of the profession.  The practice of law is a privilege, not a right, and improper advertising could cost a lawyer his/her license.

September 1, 2023

Know your rights as the victim of a crime

The Florida constitution guarantees people who have suffered direct or threaten physical, psychological, or financial harm because of the commission or attempted commission of a crime or delinquent act specific rights under Article 1, Section 16(b) of the Florida Constitution. The overarching theme is that crime victims should be treated with fairness and respect for their dignity. Inherent in this right and specifically defined in the constitution are a victim's right to protection from the defendant and the idea that certain victim information will be held confidentially. Other rights include the right to notice and to participate in the criminal proceedings including the bail determination process. The constitution creates a victim's right to have proceedings that are “free from unreasonable delay.”  This can create tension with a defendant’s right to have all information being used against her and to have time to prepare a defense.  In each of our criminal cases, we strive to balance these competing concerns and make sure our clients receive Due Process as the defendant’s rights must remain paramount in a criminal legal proceeding.  In contrast, the State Attorney’s Office has a special unit called the Victims Assistance Unit that provides services to victims to make sure the constitution and applicable statutes are honored.

August 29, 2023

Florida’s New “Permitless Carry” Law

Florida now allows a person to carry a concealed firearm without applying for a permit or taking an instructional course. The new law requires a person to carry a valid identification on them at all times while possessing the concealed firearm. The new law also allows nonresidents of Florida to carry a concealed firearm so as long as they are 21 years old and a U.S. resident. If you have questions about your legal rights with regard to carrying a concealed firearm in the state of Florida, please feel free to give us a call to discuss your concerns. 

August 8, 2023

Obtaining Discovery/Compelling Answers and Responses:

When a complaint or lawsuit has been filed in a case, both sides will participate in the “Discovery” process. This means that one or both of the parties may file a Request for Production or a Interrogatories seeking records or answers from the other side. If the opposing party or attorney fails to respond to these discovery requests, we use a legal tool called a “Motion to Compel” to obtain their timely compliance with outstanding discovery requests. This process sometimes results in the other side producing their discovery responses and answers without the need of going to Court.

July 24, 2023

Can the police get my cellphone password?

While the Fifth Amendment protects citizens from incriminating themselves, it may not protect you from being compelled to disclose your cell phone password to the police pursuant to a valid search warrant. Florida’s Second District Court of Appeals has found that being compelled to provide your cell phone password is not testimonial and is not protected by the Fifth Amendment. State v. Stahl, 206 So.3d 124 (Fla. 2d DCA 2016). This issue has not been resolved yet by the Florida Supreme Court. However, it is anticipated that it will take up the issue as at least one other circuit court does not agree and has found that divulging your cell phone password requires a person to “disclose the contents of his own mind” in violation of the Fifth Amendment and the privilege against self-incrimination. G.A.Q.L. v. State, 257 So.3d 1058, 1059 (Fla. 4th DCA 2018).

July 17, 2023

Updated Alimony Changes:

Florida has now eliminated “permanent” alimony and provided a specific range of years for the different durations of marriage. Depending on the length of your marriage, a family law judge will determine what type of alimony should be awarded to you. Short term marriages are now less than 10 years. Moderate term marriages are now between 10-20 years. Anything over 20 years is considered a long-term marriage. Durational Alimony is the most common type of alimony being awarded in family courts these days, however, if your marriage is less than 3 years in duration, you are not eligible to receive this type of alimony. Further, Florida courts also now allow a person to modify or terminate their alimony obligation prior to the age of 65 if it qualifies as a “reasonable retirement.” If you have questions about whether you are an alimony candidate, or, if you are considering a modification of your alimony obligations, please feel free to contact us to discuss your options.

 July 17, 2023

Updated Penalties for Texting and Driving:

Traffic enforcers can now stop a person who is texting while driving and give them a citation. However, this law does not apply to all situations. For instance, it does not apply if you are receiving a message on your cell phone on how to operate your motor vehicle. It also does not apply if you are receiving information about traffic safety or emergency weather alerts. If you find yourself in this unfortunate situation of being cited for this type of offense, please feel free to contact us to discuss your options.

July 17, 2023

How a DUI can impact your CDL License

If you have a CDL license, an arrest for a DUI, regardless of whether you are operating a commercial vehicle at the time of your offense, can result in your CDL license being suspended. A first time DUI arrest can result in a one-year suspension of your CDL license. The outcome of your DUI criminal case will have no impact on your license suspension. So, even if your DUI case is dismissed in criminal court, your CDL license suspension will not be overturned. An administrative review hearing can be done to contest the suspension of the CDL License with the Bureau of Administrative Review.

July 17, 2023

Journalist Privilege

Journalists enjoy special privileges to investigate and use information.  The internet houses so much information, journalists can often access data that may not be obviously public but which is publicly accessible if you know how and where to look.  This type of investigative advocacy should not be considered a crime.  The First Amendment contemplates that the truth can be disseminated without the threat of prosecution.  Of course, hacking, stealing, and breeching intended security systems for personal gain are cognizable crimes. 

July 17, 2023

Tort Law Changes Statute of Limitations

House Bill 837 was signed into law on March 24, 2023 and it heavily impacted tort law in Florida.  One of the many changes this House Bill brough was the change in the Statute of Limitations in Florida.  The Statute of Limitations in negligence actions was cut in half, from four years to two years.  Plaintiffs will now have two years from the time of the cause of action accrues to file suit against the at-fault party.

July 17, 2023

free firearms safety training

In preparation for the upcoming Constitutional Carry law, the Hillsborough County Sheriff’s Office has teamed up with Shooters World to offer free firearms safety training for residents of Hillsborough County. The law goes into effect July 1, 2023.
https://thetampabay100.com/featured-news/2023/05/03/hillsborough-sheriffs-office-partners-with-shooters-world-on-gun-safety/24534

May 4, 2023

Medical Marijuana and Probation

Often a condition of probation is random urinalysis. So, when meeting with your probation officer, you should provide him with proof of any prescriptions you are taking. That way if you are prescribed Xanax, and you have a positive screen for Benzodiazepine, the drug class for Xanax, you won’t violate your probation. However, there is one prescription drug that some local judges have indicated they will violate a defendant for testing positive for and that is medical marijuana. Therefore, if you have your medical marijuana card it is important to let your attorney know so that the attorney can find out at your change of plea hearing from the judge if he/she will violate you for testing positive for marijuana despite having a medical marijuana card. Moreover, if the judge does indicate that they don’t allow for medical marijuana while on probation, your attorney can ask the judge to give you time to get clean or order probation to not test you for the first 30 days of probation while you get clean.  

May 1, 2023

The ABCD of Engaging with The Police

Interactions with the Police are almost always stressful. When we are in stressful situations, it is often difficult to control our emotions and stay calm. On May 13th, we are participating in an event Called Law Enforcement Day where we are informing young people how to best respond if they get pulled over, arrested, or questioned by the police. We are calling it the “ABCD of Engaging with the Police”. The goal is to give them something concise and easy to remember if / when they are in this type of situation.
A – Always respect authority (Respect the officer who you are interacting with)
B – Be aware (Stay safe, be aware of your surroundings)
C – Control yourself (You have control over how you respond, control yourself and stay calm)
D – Don’t argue (Arguing can only escalate the situation, don’t argue)

No matter how old you are, maybe the ABCD of Engaging with The Police can help you out when you get into a situation with local law enforcement!

April 25, 2023

no more conceal carry permit required in florida

Starting July 1, 2023, Florida will allow anyone who can legally own a gun in Florida to carry a concealed weapon without a permit. Background checks and training will no longer be required. While a permit will no longer be required, the benefit of getting a permit will allow people to purchase a gun without a waiting period and carry a concealed weapon in states with reciprocal agreements.

This new law does not change who can purchase or possess a firearm.

There are ten categories of persons who are not eligible to purchase or possess a firearm under federal law (Title 18, United States Code 922(g)(1)-(9), (n)).  They are:

1. Convicted of a felony (or equivalent)

2. Fugitive from justice

3. Unlawful user or addicted to a controlled substance

4. Adjudicated mentally defective or involuntarily committed to treatment

5. Illegal alien

6. Dishonorable discharge from the US Armed Forces

7. Renounced United States citizenship

8. Active protection order (restraining order, injunction for protection, etc.)

9. Convicted of a misdemeanor crime of domestic violence

10. Under indictment or information for a felony

In addition to federal law, Florida law prohibits persons who:

• Are adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until record is expunged.

• Receive “Adjudication Withheld” on any felony or on a misdemeanor crime of domestic violence and three years has not yet lapsed since the completion of sentencing provisions.

• were recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.

April 25, 2023

How Florida defines a “stop” at a Stop Sign

Section 316.123(2)(a) of the Florida Statutes requires every driver of a vehicle to stop at a clearly marked stop line before entering the crosswalk. Sometimes, however, these “white lines” are hard to see, especially if the paint on the road has faded over time. Some courts have even defined a “stop” to require a driver to stop when its front bumper reaches the white line (State v. Daniels, 158 So.3d 629). Law enforcement officers are stopping drivers who do not come to a complete stop before the white line and issuing traffic infractions for failure to stop where drivers are instead, crossing over the ‘solid’ white line. Even if you stop in the crosswalk, you can still receive a traffic citation and potentially have your vehicle searched. If you, or someone you know, is in this situation, let us look at the facts of your case to see if we can help you and determine if law enforcement had probable cause to make a traffic stop in the first place.

April 25, 2023

No more innocent party protection from your partner’s fraudulent acts….

The Supreme Court of the United States has recently ruled that the girlfriend of a man who sold a home the couple owned together could be held financially liable for the non-disclosure of “a leaky roof, defective windows, and a missing fire escape.” Even though the girlfriend was ‘largely uninvolved,’ a jury found that she was liable for $200,000 in damages to the home buyer. After the verdict, the girlfriend tried to discharge the debt in bankruptcy. The Supreme Court, however, denied her request since there was fraud. Therefore, before you decide to sell your home, be sure to consult with an attorney to make sure this does not happen to you.

February 23, 2023

Tenacity and determination is our approach…

It is not uncommon for our clients to have multiple criminal charges pending against them all at once. It can seem like insurmountable odds to them. They feel defeated, and even depressed. However, we take each charge, each case, on its own and examine it under our legal microscope. By peeling away the layers, we start to see the cracks that appear under the surface. By being tenacious and determined, we are able to get most of the charges reduced, if not dismissed outright. That is the way we approach the difficult cases our clients bring to us – with sheer tenacity and dogged determination.

January 18, 2023

Courts Want to Clear Dockets in 2023

Covid created a backlog in the civil and criminal courts.  In civil court, cases are now controlled by a Differentiated Case Plan that sets deadlines for cases that are tight and quickly approach. This stands in stark contrast to past times when cases could languish.  In order to manage the volume and deadlines, there are alternative resolution methods like arbitration.  There is non-binding and binding arbitration.  Each involve presenting the evidence informally to seasoned attorneys who then render an opinion on the aspects of the negligence like fault, causation, and damages.  Both have favorable aspects depending on the tone of the litigation. We explore all options for our clients with the hopes that we create a resolution plan that recognizes not only the need for a settlement but the value of closure and moving on from conflict.  Give us a call to ask us about alternative resolution methods.

December 21, 2022

The Joy of Giving…..

With the hustle and bustle of the holidays, it is easy to forget those that are really in need of a helping hand. As the Christmas break approaches, we should slow down and take the time to help those in need. By donating your time to charitable organizations, it lifts your spirits and makes you feel better about humanity. “People say, what is the sense of your small effort. They cannot see that we must lay one brick at a time.” -  Servant of God, Dorothy Day

December 21, 2022

GIVING TO THE VULNERABLE

 The Holidays are often centered around giving to those we know and love, like our families and friends. But are we noticing others who are in need around us? There are lots of opportunities to give to the vulnerable this season. You can give your time by volunteering at a local shelter serving /packing food. You can give gifts to children in need by donating to toy drives. You could make a charitable donation to an organization you are passionate about. You could do a favor for a neighbor, like mow their lawn or make them a meal. We can ensure that the holiday spirit is spread to all of those around us by being observant. Who around you are in need this season and what do they need that you have the willingness and ability to give?

December 19, 2022

The Impact of Acknowledgement

 Being in custody during the holidays can be especially difficult for people. We encourage family and friends to send letters to their loved ones who are alone, in custody, during the holidays.  A simple note shows they may not be present, but they are being thought about during the holidays. The addresses can be found by googling the facility’s name. Please make sure to include the inmate or DC# on the envelope.

December 19, 2022

Mental Health Resources Are Available…..

 If you are experiencing a mental health crisis, you can receive immediate help by placing a phone call or by just sending a text message. By dialing 211, you can be connected to a mental health counselor. If you dial 988, you can be connected with a suicide crisis counselor. If you are a veteran and are experiencing a mental health crisis, you can text 838255 and be connected with available resources to get you through whatever situation you are currently experiencing. We understand what it is like to battle with mental health and many of our clients lives are affected by mental health on a daily basis. Please know that you are not alone, and that help is only a phone call, or, sometimes, just a text away…..

December 16, 2022

Joy

Sunday’s sermon at my church was about joy.  The advent candles symbolize hope, peace, joy and love and each week these themes are lifted up.  A phrase caught my ear.  In this season and always, in order to promote joy my pastor said, “We must subvert the systems that hurt people.”  We have to band together to eliminate injustices in our criminal justice system, in our immigration system, and in law enforcement.  This is not to say that these institutions are per se bad but elements can go off course or devolve with corruption or a generalized numbness to the people supposed to be served.  So as we move into 2023, let us each contemplate how we can subvert and eliminate systems that hurt people so we can be beacons of light in the dark.

December 13, 2022

Mediation Agreement and Enforcement

 Federal Courts require parties to attend mediation to attempt to resolve police misconduct cases. For the agreement to be enforceable, there must a be a meeting of the minds. Meaning, all parties must agree to the terms and conditions of the settlement agreement. While there is not an absolute requirement that the agreement be in writing, this does help prove a meeting of the minds and therefore an enforceable agreement. Sometimes the hardest terms to negotiate is not the money but special conditions like training and agency change.

December 12, 2022

removal from the sex offender registry

According to section 943.0435(11), a sex offender must register for the duration of his life except as provided in 943.04354. Otherwise, an offender can be considered for removal 25 years after release from confinement or supervision, whichever is later.  

November 30, 2022

DRIVING YOUR “GOLF CART” ON HALLOWEEN…BE AWARE

Golf carts are becoming a popular mode of transportation in many neighborhoods in the Tampa Bay area. Often, though, drivers of these “vehicles” have consumed alcohol and then have decided to take their golf cart for a spin, especially during Halloween. Driving a golf cart subjects you to the same DUI laws that apply to your automobile. As a result, law enforcement officers are now conducting more traffic stops on ‘golf carts’ and then asking their drivers to submit to field sobriety tests to determine if they are impaired or under the influence of a substance. In general, Florida law only permits golf carts to be driven on state roads that the Department of Transportation has designated with posted signs that indicate the operation of a “golf cart” is allowed. In addition, some cities in the state of Florida require that you obtain a ‘permit’ to drive your golf cart on their municipal roads. Most importantly, golf carts can only be driven on streets with the posted speed limits of 35 MPH or less and must be equipped with the required safety equipment (§320.01(41), Fla. Stat.). If you or someone you know is unfortunate enough to be charged with DUI on your golf cart, please feel free to discuss your matter with us to see if we can determine if there are any possible defenses to your case. 

October 28, 2022

Roadway Conditions Explain Driving Pattern

 Firm started off this week with a nice win for client where roadway conditions were the reason for driving pattern officer said supported traffic stop for concern that driver was impaired.  Through cross examination the officer honestly reflected that the road had potholes and was beat up to the point a driver could swing out of the lane to avoid damaging impacts to a vehicle.  The officer left this contributing factor out of his police report but accurately presented the condition of the road during questioning.  The Court noted the officer’s candor supported the motion to suppress. With all evidence in the State’s case in chief being eliminated from use due to the bad traffic stop, the State consented to the dismissal of the DUI.  We secondarily argued that the detention was unlawfully prolonged because there was no evidence to hold our client as the odor of alcohol was not detected from her breath during ten minutes of contact. This fact was disputed by the officer.  The Court did not reach this argument because it found the stop was unlawful under the totality of circumstances.  We work to present multiple avenues of relief and were fortunate to have won on our dispositive first argument.

October 11, 2022

Body Worn police Cameras

Police body worn camera footage protects both civilians and officers alike.  The footage captures all activity, helping to ensure no abuse of power and factual accuracy.   However, police officers are permitted to mute or turn-off their cameras to prevent the recording of a private conversation with other officers regarding the case.  Technically, this manipulation, is allowed.

October 10, 2022

Unlicensed Contractor

Florida law requires contractors who do construction and home improvement projects in Florida, be licensed in Florida. The term “contractor” is defined as a person who is responsible for a qualifying construction project and the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. A violation of this law is a first degree misdemeanor punishable by up to 1 year in the county jail or 12 months probation, and/or a $1000 fine. Individuals should make sure their credential are as represented and not assume responsibilities beyond their licensing qualification.  With the recent storms, law enforcement is sure to be stepping up their enforcement of this law. If you have been charged with this offense, it is imperative to contact an attorney as soon as possible to discuss possible defenses. Pleading guilty to such a charge could limit your chances of obtaining a proper license in the future.

October 10, 2022

No Money Compensation for Miranda Violations

 The US Supreme Court in Vega v. Tekoh ruled that while you have a right to be read your Miranda warnings, you cannot sue a police officer who violates this right when it is not read to you. It is critical that regardless of whether the Miranda warnings are read to you, you invoke your right to remain silent! How criminal laws of procedure play out in a criminal case can look very different than how a claim for civil damages related to a violation of the rights from the criminal case plays out in civil court.  We can help you enforce your rights in both situations.

Sept. 19, 2022

Former Hillsborough County State Attorney Sues Governor DeSantis

Andrew Warren was removed from office as the State Attorney for Hillsborough County back on August 4, 2022, for his position to not enforce Florida’s 15-week ban on abortion as well as his vow to not criminalize minors seeking a sex change operation. Warren has now sued the Governor accusing him of abusing his authority and violating his free speech rights. The Governor’s position is that Warren is an employee and that he has the right to remove somebody for “neglect of duty”  or incompetence. Warren has responded that he is an elected official and responsible to the voters. On Monday, September 19, 2022, U.S. District Judge Robert L. Hinkle allowed each 30 side minutes to address preliminary matters.  After the hearing, the federal court judge ruled that Warren will not have his job as State Attorney reinstated, for now. The judge also denied Warren’s request for a preliminary injunction against the Governor. A federal judge will hear arguments from both sides at a future trial date in about 12 weeks.

Sept. 19, 2022

You must wait 3 years….

From the date of your probation or any other conditions set by the court have been fulfilled on any misdemeanor crime of domestic violence before you can be issued a license to carry a concealed weapon or a concealed firearm. This requirement applies regardless of whether you had adjudication of guilt withheld or imposition of your sentence suspended, pursuant to §790.06(2)(l), Fla. Stat.

September 13, 2022

why our one-star reviews are okay

Because they are real.  People get frustrated. They don’t hear what they want to hear or think we are wrong in our analysis.  Thus, some one-stars are outbursts of their frustration taken out on us because they can’t find the legal relief they think they deserve.  On the other hand, sometimes we mess up and the one-star may be a fair reflection of the experience. We work hard to earn five-stars and hope our happy clients will take time to make them.  In the real world a five-star should be tough to earn – a prize delivered because of diligence, creativity, and helpfulness.  We will always consider the merits of the review and work to reconcile any misgivings.  So, sure, I would like to never see a one-star, but we are keeping it real here.

August 31, 2022

Hillsborough County Sheriff Human Trafficking Squad

In June 2021 the Hillsborough County Sheriff’s Office created the Human Trafficking Squad designed to investigate, arrest, and stop various sex crimes. The majority of the cases in which arrests are made is prostitution. If you or someone you know is arrested for a sex crime, it is imperative that you immediately invoke your right to remain silent and your right to have an attorney. Contact our office and we can assist you navigate through the criminal justice process to obtain a just result.

 August 26, 2022

Unlawful Voting…Did You Know

 In Florida, it is a third-degree felony to submit any false voter registration information. Specifically, §104.011 states “A person who willfully submits any false voter registration information commits a felony of the third degree.” In addition, it is also a crime for any person who knows of a felony violation of this code and gives any aid to the offender who has violated this code, with intent that the offender avoid or escape detection, arrest, trial, or punishment, shall be punished as if he or she had committed the violation per §104.091 (3). With elections currently taking place, make sure that your paperwork is in order. If you or a friend find yourselves in the unfortunate situation of being accused of voter fraud, please give us a call to discuss your case.

August 24, 2022

I Recommend a Book that Promotes Healing

 I am blessed to serve on the board of directors as chairperson for The Timothy Initiative a ministry serving broken men using the cornerstones of discipleship, community, recovery, and work therapy to rejuvenate men so they can enjoy and contribute to life.  George Wood, the executive director, in collaboration with co-author, Brit Eaton, just wrote an amazing book, The Uncovery, Understanding the Power of Community to Heal Trauma.  They discuss the community’s battle against addiction and the scourge it is on society.  Check out the message and make an effort today to help someone find healing.  You can order your copy of the book at the link below, or call or text me, and I will send you a copy.  813-253-3353

https://www.amazon.com/Uncovery-Understanding-Power-Community-Trauma/dp/1641238534/ref=sr_1_1?crid=3CA93TE09SHR&keywords=the+uncovery+brit+eaton&qid=1651356330&sprefix=The+UNcovery%2Caps%2C87&sr=8-1

 August 4, 2022

DeSantis Suspends Hillsborough County State Attorney

Governor DeSantis suspended elected Hillsborough County State Attorney, Andrew Warren, and appointed County Court Judge Susan Lopez to take over. What implications this will have on current and future criminal prosecutions is unknown, but change is always foreseeable when there is a change in power.

August 4, 2022

The Fair Housing Act protects a man and his shoes from HOA …

The Florida Fair Housing Act mirrors the Federal Fair Housing Act regarding the protection for people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Florida Statute §760.23 prohibits discrimination in housing because of race, color, national origin, sex (including gender identity and sexual orientation), disability, familial status, or religion.” In 2021, the U.S. Department of Housing and Urban Development (HUD) charged a condo association in Florida with discrimination for not allowing a retired New York City sanitation superintendent from keeping his shoes outside his front door to prevent tracking contaminants inside his home. He had spent 400 days removing debris at the World Trade Center and developed a respiratory disability. If successful, the complainant may be entitled to damages, including civil penalties, and attorney’s fees. Sometimes, it may not be so obvious that even a respiratory illness may be considered a disability under the Florida Fair Housing Act…

August 2, 2022

Take Care of Your Old Warrants

Our client had an outstanding warrant for a domestic violence charge she received over 12 years ago. She fled the state following the arrest to escape further abuse. She hired our office to take care of the outstanding warrant. A Motion to Withdraw Warrant was filed along with mitigating evidence. Not only was the warrant withdrawn, but the State dismissed the charges the same day.

July 27, 2022

Resources for times of distress

 There is a new crisis hotline intervention emergency number, 988 which is staffed 24/7 to help folks contemplating suicide or suffering other difficult mental health crisis.  Please don’t hesitate to call this number for support. 

July 27, 2022

Double Jeopardy in DUI case

The Supreme Court of Florida has recently held that a person cannot be both convicted of the crime of driving under the influence causing damage to property and driving under the influence causing serious bodily injury when “it is the same victim” from a single episode. Since the two offenses contain nearly identical elements, dual convictions for both offenses to the same victim violates the prohibition against double jeopardy. Therefore, if you or someone you know is charged with these offenses, be sure to research the number of victims in your case to avoid such an outcome. See Velazco vs. State of Florida, SC20-506

July 5, 2022

US Supreme Court denies Writ in two Civil Rights cases

SCOTUS denied Writ of Certiorari in two Civil Rights cases. Both were cases from the 5th Circuit, where the 5th reversed the lower courts denial. In both cases the 5th Circuit heavily leaned on the clearly established prong of Qualified Immunity. The first case, the family called 911 because the father was suicidal. Officers utilized their tasers on the man after watching him dump gasoline on himself and knowing that tasing the man would light him on fire. The man ended up dying and the house burned down. The Court found it wasn’t clearly established that it was unreasonable to use deadly force under the circumstances. The other case is a jail suicide case where the decedent was placed in solitary confinement in a cell that had a 30-inch telephone cord. The on-duty guard watched the inmate wrap the cord around his neck several times. The only thing the guard did was call his supervisors. A supervisor showed 10 minutes later. Neither the guard nor supervisor attempted to resuscitate the inmate, who died the following day in the hospital. Again, the Court held that the law was not clearly established and that the failure to act by the guard was not “so extreme.”

June 30, 2022

Can’t Sue Cops for Monetary Compensation for Violation of Miranda

On June 23, 2022, the Supreme Court of the United States ruled a violation of the Miranda Rules does not provide a basis for a Civil Rights lawsuit against the police officer. The Court reasoned that Miranda and its progeny provide sufficient protection for the Fifth Amendment right against compelled self-incrimination. The full opinion can be found at Vega v. Tekoh, 597 U.S. ___ (2022).

June 27, 2022

Pretrial Intervention – Observations on a Good Opportunity

 I recently reviewed a pretrial intervention contract for a Pasco County client. The contract is an agreement that if our client performs certain conditions the charges will be dismissed at the conclusion of the supervision required by the agreement.  The Department of Corrections supervises the program which is a good opportunity.  I want to bring some of the special conditions to your attention: no firearm possession; you must inform your employer you are in the PTI program; you must certify at the end that you have not been arrested during the term of the program which is typically 18 months or less; the decision of whether you are allowed in and can remain in the program is solely at the discretion of the State; and, decisions regarding the program are not reviewable by the Court.  An additional significant condition in the 6th Circuit (Pinellas, Pasco) is that you must certified that there are facts that would show the alleged crime. This is called a first step toward rehabilitation in the agreement.  If you think you have a false arrest case and want to do PTI to safely resolve the case, this language could prevent such a suit. Please make sure to consult with us about this issue before entering the program.  This language is not in other circuit PTI contracts.  Overall PTI can be the best way to resolve your case.  It does however require discipline and the failure to complete the tasks will result in charges being reinstated for formal prosecution. 

June 23, 2022

Interventions

Sometimes we are called to intervene when someone is being self-destructive.  We have journeyed with clients and their families as they battled drug addiction and mental illness.  Confronting clients who are in denial about their drug abuse and its negative impacts in their lives is very challenging.  The same is true when mental health challenges surface and are left unaddressed.  I have seen family members be told they are just wrong and scared addicts threaten physical violence toward people they love and who love them.  If you are facing a similar situation, let our team work to develop wrap around services that can shift the narrative of addiction, pain, and worry.  We strive to help people heal.

June 20, 2022

Beginners Mind

Here at the law office of Michael Maddux, our team utilizes something called "Beginners Mind". That is, putting ourselves into the shoes of the client and giving them a unique experience. We understand that everyone is going through different and challenging situations. By putting ourselves into the perspective of our clients we can begin to understand how they feel and figure out what we can do to help them in the best way possible. 

June 20, 2022

Attorney/Client Privilege

Attorney/Client Privilege starts during the initial intake meeting or call so don’t be afraid to talk. It is critical to share all information to the attorney up front so the attorney can apply their expertise and give you educated and realistic expectations of your case. The attorney is only as good as the information you provide them.

June 20, 2022

“Accessing Public Records”

Sometimes a client does not have access to records from a previous criminal prosecution. As part of our investigative process, we will utilize a Public Records Request pursuant to § 119.01 of the Florida Statutes, which allows the public to obtain records from a Law Enforcement or Government agency. This request will then be submitted via a portal to that particular agency and thereafter, responses will be sent back to our office via email or U.S. Mail. Many times, we will locate records or documents that were not previously disclosed or known to our clients. This is just one of many investigative tools we use at the law office of Michael P. Maddux, P.A. to assist our clients in determining if their civil rights have been violated or deprived.

 June 17, 2022

 Possession of Marijuana Illegally Packaged

While the State of Florida has legalized medical marijuana, having a medical marijuana card is not enough. Medical marijuana must be purchased from a legal dispensary through a valid prescription. Even more, you should not place your legally purchased medical marijuana in a different container than what it came in from the dispensary with the affixed prescription information. This is because some law enforcement agencies are charging people with possession of marijuana illegally packaged if the marijuana is not in the original container from the dispensary.

June 10, 2022

Cooperation

 Individuals may cooperate with the State Attorney’s Office in exchange for a lesser sentence or dismissal of charges. Two types of cooperation are identified here. The first requires evidence regarding a co-defendant regarding the crime the parties were involved in. The second is providing evidence regarding individuals who are not part of the criminal scheme in which you are charged in but are responsible for crimes the State may be interested in prosecuting.

June 9, 2022

U.S. Capital Officer Indicted for Violating Civil Rights

 A U.S. Capital Police Officer with more than 10 years experience on the force has been accused of violating a man’s Civil Rights after he drove his police vehicle in a reckless and dangerous manner and crashing his car into the victim and injuring him. The USCP Officer then drove away from the scene of the crash without alerting medical authorities or rendering aid. After the crash, the Officer falsified U.S. Capital Police records to cover-up his misconduct.

 The USCP officer was supposed to be on patrol conducting “dignitary checks” in Georgetown, however, he wound up pursuing two motorized cycles at a high rate of speed outside the U.S. Capital grounds. His USPC sedan struck one of the cycles, knocking the victim into the air before he hit the asphalt roadway. He then left the scene of the accident, that he caused.

The Indictment goes on to state that USCP Officer then attempted to switch out his damaged vehicle with a USCP Sport Utility Vehicle. He then logged a false entry into the CAD system by stating that the crash scene that he just fled from “APPEARS SECURE.”

Upon being confronted by his Sergeant, the Officer told him that he was not aware of and had not been involved in a traffic collision. To make matters worse, the Officer falsely entered the SUV’s odometer reading at the start of his shift to ten miles lower than it was to cover up the amount of the miles he drove on his shift.

The seven count Indictment was unsealed on June 2, 2022, almost two years after the date of the incident on June 20, 2020.

It is sometimes hard to believe that law enforcement officers are capable of such deception and dishonesty. Unfortunately, some officers don’t follow the law and intentionally violate the rights of citizens. At Michael P. Maddux, P.A., we will review any and all law enforcement reports as well as medical records to determine if you or your loved ones have a cause of action against the government or state officials. Please do not hesitate to contact us if such unfortunate situations have occurred to you or someone you know.

 June 8, 2022 

FEDS update “use-of-force” policy 

In the wake of George Floyd’s death in 2020, the Federal Government has now updated its “use-of- force” policy for the first time in 18 years. The new policy is outlined in a memo released Friday by Attorney General Merrick Garland (https://www.justice.gov/ag/page/file/1507826/download)

Now, federal agents, including the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, US Marshals Service, and Bureau of Prisons, have a duty to intervene if they see other law enforcement officials engaging in the excessive use of force. “Officers will be trained and must recognize and act upon the affirmative duty to intervene to prevent or stop, as appropriate, any officer from engaging in excessive force or any other use of force that violates the Constitution, other federal laws, or Department policies on reasonable use of force,” the memo reads. In addition, law enforcement officers have an affirmative duty to “request and/or render medical aid, as appropriate, where needed.”

The memo also sets forth further policies as to when “deadly force” should not be used such as “to prevent the escape of a fleeing suspect” or “against persons whose actions are a threat solely to themselves or property, unless an individual is in imminent danger of death or serious physical injury to the officer or others in close proximity.” “Warning shots” are also not permitted, the memo states.

If you or a family member feel that a law enforcement officer has used “excessive force” against you or a family member, there might be liability for the acts of law enforcement officers who in the scope of employment make false arrests, use excessive force, or excessive deadly force, or deny necessary critical medical care. At Michael P. Maddux, P.A., we will review any and all law enforcement reports as well as medical records to determine if you or your loved ones have a cause of action against the government or state officials. Please do not hesitate to contact us if such unfortunate situations have occurred to you or someone you know.

May 25, 2022

New Law Increases Penalties for Drug Sales

Governor DeSantis signed into law HB 95 which will be effective October 1, 2022. The new law changes the mandatory minimum sentence for trafficking fentanyl from 3 years to 7 years for 4-14 grams, and from 15 to 20 years for 14-28 grams. Prosecutors will also be able to pursue first degree felony murder charges against an individual who sells fentanyl and/or other named controlled substances that caused the death of a person. If you or someone you know are arrested for any drug charge, it is imperative you contact an experience criminal defense attorney immediately to help you navigate the criminal justice system. Our office has defended two sale of fentanyl death cases.

May 20, 2022

Street Names

The practice of law can be funny. Legal and street names can be very different. We recently had a person call on behalf of our client “cup cake.” The person did not know our client’s legal name and after some investigation we were able to identify “cup cake” by his legal name. Not only do people have different street names but drugs also have street names. We learned in trial that the drug Dilaudid is known as Doritos on the street. The saying, “You learn something new every day,” cannot be further from the truth in our practice.    

May 3, 2022

Collateral Consequences to DUI

One of the collateral consequences of pleading to a DUI is that Florida law makes it mandatory that your driver’s license is suspended for a period of six months. The suspension is immediate upon entry of your plea. However, if you have completed DUI school before you could be eligible for a hardship. But getting a hardship can take some time as the Florida DHSMV is pretty busy. So, if you or someone you know has been arrested for a DUI, hire an experienced attorney to help you get the case dismissed or reduced to avoid collateral consequences like losing your driver’s license.

May 3, 2022

What Mediators Say in the Initial Joint Meeting

Opening by mediator.  She shared her credentials because it is important to know mediator has worked both sides of legal disputes.  Our mediator did both defense and plaintiff's work. She reminded us that pre-suit mediation (done before we filed suit to see if defendants were ready to accept responsibility for their false arrest and malicious prosecution of our client and surprise, they were not) is a settlement conference that is governed by confidentiality.  What gets said and the offers that are made stay in the mediation and can't be used against the parties later.

The mediator warned that a federal court jury trial would be conducted by strangers whose only qualification is a valid driver’s license.  They will render a decision and it may not be what was dreamed of.  Then, acknowledging the power of the mediations process, the mediator noted, today you can eliminate the risk of a jury decision and resolve the case which makes the parties the decision makers.  The mediator guaranteed both sides will not agree with most if not all of what the other side says in their opening.  However, she asked us to please listen as their statement is a view into their perspective and how they will defend the case.  She then promised to work with the parties to see if we could reach a result that was begrudgingly acceptable.  As we like to say it, a result that makes both parties miserably happy.  So, if you are headed to mediation, expect to hear some version of this introductory mediator statement.

April 27, 2022

navigating who the real victim actually is…

Sometimes it is hard to tell who is telling the truth when there are allegations of domestic violence being made against a spouse, a parent, or even a girlfriend. As we have seen from the recent coverage of the Defamation Trial by Johnny Depp against his former wife, Amber Heard, it is sometimes hard to determine who is actually the real victim when it comes allegations of both physical and emotional abuse. As part of our investigation process, we review the hand-written statements that are usually made by the victim at the time of incident. We also review body cam footage taken by the law enforcement offers responding to the crime scene to see if there are any visible injuries that appear on either the accused or the alleged victim. In the heat of the moment, the victim will often state things that did not happen or that are exaggerated. Even more concerning is that law enforcement will typically force the victim to produce a statement, whether it is verbal or in their own hand writing, despite the fact the victim knows that what they are telling law enforcement is not the truth or an accurate account of the events. Thereafter, the prosecutor will force the victim to be a witness against the person charged with the crime, even though they do not want to prosecute that person any further. We will receive calls from the victim recanting their prior statements, which will then change the whole dynamic of the case. As is the case with Johnny Depp, even though his former wife has previously alleged that he is an abuser, the evidence at the Defamation Trial is slowly showing that Ms. Heard antagonized him over and over again and that he might be the true victim of domestic violence and not her, as she has previously alleged in her Restraining Order. We therefore cover all angles to find where the truth is hidden to help our clients.

April 26, 2022

SCOTUS Malicious Prosecution

This week the Supreme Court’s decision in a malicious prosecution case was a win for plaintiffs in civil rights cases. Specifically, in Thompson v. Clark, 596 U.S. ___ (2022), the Supreme Court found that in malicious prosecution claims a plaintiff only needs to show that his prosecution ended without a conviction to demonstrate a favorable termination of a criminal prosecution element. This is a win because some circuit court of appeals asserted that a plaintiff must show more than that. Those circuits asserted that plaintiffs had to show that the prosecution ended with some affirmative indication of his innocence, like an acquittal or a dismissal accompanied by a statement from the judge or prosecutor. This would be a particularly high bar to clear because judges and prosecutors will rarely make any kind of statement accompanying a dismissal indicating that the arrestee was innocent or that police made an obvious or egregious blunder. Instead, the Supreme Court decided that a plaintiff merely needed to show that his prosecution was terminated without a conviction, while also noting that law enforcement officers still enjoy other protections  including that a plaintiff must still show an absence of probable cause and qualified immunity, which are no small hurdles themselves.

April 5, 2022

Black Holes

We’ve heard the cosmic term that refers to an area in space that just seems to gobble up everything around it. But I’m talking about when our minds turn into a black hole. We’ve all been there when everything seems to turn in on itself – seemingly insurmountable problems arise, HOPE seems to be extinguished, and we really just want to give up. The goal of our team is to connect with you personally enough to bring rays of light into the black hole so you can see HOPE in any situation and start to make an exit strategy. If you’re struggling, remember it only takes the smallest amount of light to dispel darkness. We’ve seen time and time again, clients’ darkest moments turn out to be a time of renewal and rejuvenation despite the odds. Give us a call and we will partner with you in the journey.

 April 5, 2022

Officer Breaking the Law Leads to Settlement     

Our client was riding a motorcycle and stopped at a red light next to a police officer. Our client observed the officer not wearing his seatbelt. The officer asked our client if he had a problem. The client responded, “you should probably have your seatbelt on.” The client was immediately pulled over. Shortly after, two additional officers arrived and threw him off his motorcycle and placed him in handcuffs. Luckily the Supervisor arrived, watched the dash camera video and determined there was not even arguable probable cause to arrest our client for either careless driving or resisting arrest. Our office contacted their agency and was able to reach a settlement for the illegal detention and excessive force case prior to filing a lawsuit.

March 7, 2022

Preservation of Evidence

Preserving evidence and ensuring it is not altered, edited, or deleted by law enforcement is important. It is also important to make sure any local businesses that might have surveillance videos related to your arrest are also preserved. Usually, local businesses keep surveillance videos for 30 days, so it is imperative to hire an attorney to put that business on notice to preserve any relevant surveillance video. Lastly, it is also incumbent upon you to preserve any videos, recordings or other documents you might have. This means don’t alter or edit it in any fashion because in any civil case if there is any evidence of tampering by you, your civil case could be dismissed.

March 7, 2022

Compulsory Medical Examination

Sometimes clients who bring personal injury cases have to undergo medical examinations by doctors selected by the opposing parties insurance company. There are certain limitations on what a doctor can do during those examinations. Our client was recently humiliated and embarrassed by the actions of a doctor. We filed a Motion to Strike the examination and have the doctor excluded as an expert witness. It is important to have an attorney to fight for your rights and make sure you are treated fairly throughout the process.

February 23, 2022

Veterans Treatment Court

Veterans’ courts are designed to assist individuals with the complex treatment needs associated with service-related mental illness, substance abuse and other issues unique to the traumatic experience of war.  In Hillsborough County, Veterans Treatment Court (VTC), takes a non-traditional, rehabilitative approach to promote public safety and reduce recidivism.   VTC addresses not only the problems that led to an individual’s entry into the criminal justice system, but also the barriers that impede his or her treatment and recovery. This is why along with drug court it is referred to as a “problem solving” court.

February 23, 2022

role reversals

If we are going to be able to be compassionate, considerate, thoughtful human beings, we have to be able to walk a mile in someone else's shoes. An extension of this idea is the concept of reversing roles with someone. If I am genuinely reversing roles I deposit myself into the mindset of the space that the other person occupies both physically, emotionally, spiritually, and practically speaking. From this new vantage point, I can pick up insights about why a person behaves as they do and what motivates them. Today, I had the unique experience of a client in essence announcing that they had been reversing roles with me during our several hour meeting. They accurately declared that it must be difficult to tell clients unpleasant news about the type of sentence they're facing in a criminal case. He said he thought it would be very hard to do my job and to confront people with tough realities. This is one of the most challenging parts of being a criminal defense lawyer. It can also be a tough part of being a personal injury attorney when we have to set realistic expectations for what can be recovered given all the attendant circumstances. It's our firm's job to walk our clients through these delicate matters with as much sensitivity and thoughtfulness as possible while delivering realistic and practical knowledge and information. When you're dealing with tough circumstances from the beginning, not all outcomes are joy filled. We do our best to bring closure that invites peace through holistic resolution.  We are available to partner through your tough times. You can text us through our website link.

February 23, 2022

Good Work Recognized

It is such a pleasure to represent clients who work hard to overcome obstacles.  Recently one of our clients applied for early termination of his supervision.  He was charged with a sex offense but had paid the penalties of prison and probation over decades.  We were successful in terminating his supervision which is no easy task in cases of this nature. The client’s hard work coupled with the court’s recognition that rehabilitation and change had occurred resulted in this win.  Our client has worked hard under supervision to be a model citizen.  He can’t change the past but he can live his way into a better future.  The judge spoke to this in the last line of his order that stated he was to be commended for complying with and satisfying the terms of supervision.  Being acknowledged by the court for a positive was a very moving moment for our client.  We strive to improve the quality of life for our clients.   It is a joy when the client and attorney team succeeds!

February 8, 2022

Officer Pre-Arrest Investigation 

Many times criminal investigations take several days or months before a case can close or an arrest can be made. During that time, it is often beneficial for an attorney to speak with the investigating officer to provide exonerating information to alleviate a potential false arrest. Officers do not have an obligation to speak with the attorney prior to making an arrest decision. However, Officers do have an obligation to investigate readily available exonerating information. Therefore, if an officer refuses to listen to the readily available exonerating information provided by the attorney, liability could attach against the officer for false arrest.

February 7, 2022

Are you required to call the police after an motor vehicle crash?

In Florida there is no law requiring you to call the police after a car crash.  Our clients always ask if they should or shouldn’t call the police after being involved in a car crash and there is no right or wrong answer to this question.  We have dealt with different issues our clients have experienced while contacting the police after a car crash, for example:

• We have had multiple clients in Hillsborough County who have called 911 after a crash and have been told just to exchange information if no injuries are involved;

• We have had Spanish speaking only clients who have contacted the police after a crash and the officer did not call a Spanish speaking officer to hear our client’s story of how the crash happened. In some of these cases, our client has received the citation for the crash when clearly they were not at fault; and

• We have had clients who haven’t called the police after a crash, the other driver agreed they were at fault at the scene, they exchanged information, but when the insurance company is contacted the at-fault party tells their insurance company a different story about how the crash took place.

Whether or not you call 911 after a crash is your choice - you can choose to call 911 or you can just exchange information with the other party; however, make sure you always stop after you are involved in a crash regardless of fault.  Also be sure to take photos of the property damage and vehicle position after impact before moving your vehicle.  This helps retell the story and set the record straight!

February 7, 2022

Pre-File/Arrest Investigation

Our client was contacted by a Detective regarding an investigation they were conducting against her for allegedly depositing fraudulent checks. Our client did the right thing and contacted our office to retain our services BEFORE calling the Detective back. This allows the attorneys to speak with the Detective without any statements being used against our Client. If you are ever contacted by a police agency regarding a criminal investigation, remember, you have the right to remain silent. Contact an attorney immediately and let us do the talking for you.

February 1, 2022

When the Holy Spirit Comes to Court

As a believer, I pray for divine interventions for my clients often.  Experience has taught me that the best efforts and preparation don’t account for all results.  Sometimes the outcome is a blessing.  Sure the work helps make it happen but you know, sometimes, it is the blessing of the Lord that creates an outcome.  This happened in court this week.  My client’s hard work – staying sober, working two jobs, loving his kid and acting like a devoted father and son, overcoming great odds – created a back drop for witnesses to state in compelling and moving terms why a chance was deserved because a heart had changed.  Witnesses waxed eloquent about their love for my client and how he had truly reformed himself.  The judge’s initial view shifted.  He heard the community of support.   He granted a chance at continued change.  Sometimes court is beautiful.

February 1, 2022

Sentencing Guidelines

Sentencing guidelines are supposed to provide the judge with a range of months that would be appropriate for a crime. Guidelines are simply that, a guideline and not a requirement. However, practically speaking, judges tend to sentence individuals within the guideline range. Statistics can be collected from other sentences of similarly situated individuals to show the judge that the average sentence may be lower than the guideline sentence thus persuading the Judge to deviate from the guidelines. This is just one tool our office can use to persuade the Judge to impose a shorter sentence.  

November 10, 2021

Collaborative Therapy

I have conditioned myself to think certain ways.  Some of them are productive and beneficial while some are destructive and create fear. So I work on mindset shifts and try to improve who I am and how I express myself.  I seek to follow the rule that Jesus declared to love thy neighbor as thyself.  I collaborate with my therapist to create relationships that are honest and fulfilling.  When I saw his recent post that referenced Jesus I was curious.  I wanted to share it.  We need to collaborate with the Lord, friends, life coaches, therapists, and our thoughts and feelings to contribute to the world and achieve character and well being.

By Tom Edward’s of Successful Recovery Solutions 

Our thoughts & focus determine our reality ! 

Quiet the mind and contemplate the understanding that your focus defines your reality ! What are my priorities ? and where should I place my focus ? are my thoughts in line with the reality I desire or are my thoughts based in fear & awfulizing ? Mental discipline followed by follow through creates your reality ! Taking charge of your thoughts is the key ! We may be powerless over our first thoughts, but we are not powerless with what we do with those first thoughts. Our power lies in what thoughts we choose to give our power to or our focus to. This is the fundamental Truth of Free Will ! We are not victims to our thoughts or our circumstance, but We are defined by our thoughts and our behaviors ! Our responsibility is to choose our thoughts carefully and act accordingly ! Thought patterns & perspective or outlook are habitual determined by choice of thoughts & circumstance. Our brain is trainable just like learning a sport it takes practice & repetition for it to become habit. Our thoughts create our feelings & behaviors, so with this knowledge if we truly seek change in our lives we must first start with training our thought process towards the positive hopeful outcomes we desire. Mental discipline starts with disputing negative or unwanted thoughts and redirecting those first thoughts to coincide with the reality we desire. This practice is described as Scientific Prayer by Jesus and is the basis of Cognitive Behavioral Therapy ! As Within~ So Without ! Jesus states in Sermon on the Mount that what you think in your Secret Place being your brain your create in your outer experience. The biblical definition of Faith is the substance of things hoped for ie: your thoughts of a desired outcome, and the evidence of things not seen or evidenced YET ! Practicing Faith converts to Belief.  He goes on to say “ if one seeks happiness one must first think happy thoughts ! Our thoughts not our first thoughts, but those we choose to give power to truly do define us by creating our outer experience & reality ! So, practice the discipline of Faith choosing your thoughts carefully and don’t be surprised when your life starts to improve, your belief in yourself strengthens, your fear base reduces and your hope and excitement for life expands ! A spiritual Experience can be defined as A profound change in one’s thoughts, feelings, behaviors and perspective about oneself and life. 🙏🧠💫

November 10, 2021

Solicitation

A conviction for soliciting another to commit prostitution not only carries the normal potential consequences of up to 60 days in jail for a first time offense, but a person shall perform 100 hours of community service and attend an educational program about the negative effects of prostitution and human trafficking. Also, a person whose charge is not dismissed or acquitted will owe a civil penalty of $5,000. This means that even if you receive a withhold of adjudication, you will have to pay a civil penalty of $5,000.

November 10, 2021

Florida Public Records Request Chapter 119

We use public records to access information that may not typically be provided by the prosecution.  We might get employment files, dispatch records, standard operating procedures, videos and other helpful evidence.  These items can be used to prove inconsistencies in officer testimony or establish facts that would otherwise be difficult to prove. Please contact us so we can apply our resourcefulness to addressing your situation.

November 4, 2021

Problem Solving Court

Our client was diagnosed with ADHD as a child. Once in high school, he decided he was no longer going to take his prescribed medication and began to self-medicate with non-prescribed controlled substances. As a result of his poor choices and lack of impulse control, he found himself in the criminal justice system. Our office, the Assistant State Attorney, and our client’s family worked closely to find the best resolution for our client which would get him back on the right track. Mental Health Court offers both mental health treatment and substance abuse treatment since many times those go hand in hand. The primary goal of Mental Health Court is to provide defendants with the least restrictive treatment, training and support services necessary to reduce recidivism and ensure public safety. Upon successful completion of Mental Health Court, our client’s charges will be dismissed.

November 4, 2021

Impact of Judicial Appointments

When vacancies are created on the judicial bench through retirements or new allocations of judicial positions, people have to transition from their current practices to being a judge.  If they have a private practice, they have to help their clients secure new counsel and with draw.  We have taken over representation in several cases where the clients needed to find new attorneys due to judicial appointments.  It is always an honor to be asked to assume this responsibility and to watch folks assume the important job of being a judge.

October 27, 2021

Spoliation

We recently had a case where the defendants accused our client of spoliation, which is the destruction of evidence or the significant and meaningful alteration of a document or instrument. In this case, defendants alleged the client altered a cell phone video that the client took before and during her arrest. The consequences of a party found to have destroyed or altered evidence can include dismissal of the case. It is pretty rare for a judge to take the drastic measure of dismissing a case for spoliation. To prevent this from ever being an issue in your case, preserve any original documents, videos, or evidence that you have.

October 26, 2021

Ripple Effect

We represented a client on a false arrest claim against the Sheriff’s Department and malicious prosecution claims against the Assistant State Attorneys who prosecuted the case. The case was settled over five years ago. Our client’s family member was selected for jury duty in the same county where the case took place. The Assistant State Attorney questioned the family member about the case and the impact it had on his life. The civil case is still on the minds of the individuals and offices who were involved in the case over five years later. Sometimes it isn’t all about the money, but the impact your case has for years to come.

October 26, 2021

Second Opinion

If you are turned down by a big PI firm or any other firm for that matter, come to our office for a second opinion.  In the past, we have been able to obtain monetary compensation for several clients who have been turned down or received a termination letter from a big PI firm.  Not all firms are created equal!  We thrive in providing our clients personal attention and we go out of our way to find our clients compensation for their injuries even if the case is being denied by the insurance company.

October 26, 2021

Early Termination of Probation

Our client was sentenced to one year of probation after pleading guilty to an obstruction charge. As a condition of probation, our client had to complete 50 hours of community service. Our client immediately got to work and completed the hours in less than two months. In addition, our client established a great rapport with his probation officer. As a result of his hard work and character, the probationer officer advised the Judge he had no objection to early termination and as a result our client’s probation was early terminated in just two months.

October 21, 2021

The Value of an Impasse at Mediation

Mediation provides a chance to get a solid glimpse of how the other side views the case.  We get a chance to walk a mile in the other party’s shoes.  We hear their defenses to our claims.  They can sound in liability or damages and sometimes both.  Liability – we are not responsible; we breached no duty to your client; you will owe us at the end of the case; and the list goes on.   Damages – you are not really injured; you had a pre-existing condition; you failed to treat; your injury healed and your stories on Facebook reveal you are not suffering; you have not treated in forever; and the list goes on.  These defenses might seem meritless to us but we have to look at how a jury might connect with them and what risk that poses to the success of our case.  Mediation gives us a chance to slow down and chew on the case.  We can leave a mediation that does not result in resolution with a better understanding of the issues in the case and create a road map for the case that navigates the obstacles we identified during the confidential discussion.  A good mediator churns the case gifting both sides with insight they may have lacked at the start. We are wiser for the wear.  Plus, we get to check the box that we have mediated which in many cases is court ordered. 

October 19, 2021

From Suffering to peace

Today our suffering client showed a new peace in her countenance as we zoomed about her case. Crippled with unrelenting pain and distraught from the challenges of receiving and managing her treatment, she has been seized with anxiety and depression.  She has been suicidal.  Her personal relationships have suffered.  She returned to her spiritual roots in the Catholic Church and began reading scripture aimed at relieving anxiety.  She wrote down moving scriptures in a prayer journal and as she dropped into the Word, she found relief from her anxiety.  I asked what verses had helped her.  She shared and the verses did not disappoint.

Psalm 34:18-20

New International Version

18 The Lord is close to the brokenhearted
    and saves those who are crushed in spirit.

19 The righteous person may have many troubles,
    but the Lord delivers him from them all;
20 he protects all his bones,
    not one of them will be broken.

October 19, 2021

officer’s background raises red flag

We were recently retained by a client charged with possession of methamphetamine after a traffic stop. An officer alleged the client handed over the illegal drugs after the officer asked the client if there was any contraband in the car. After reviewing the police report related to the client’s arrest and noticing some potential issues, we set out to take the two officers’ depositions. During this process, it was learned that the officer who spoke with the client was no longer employed with the police department, which raised red flags. After some due diligence, we discovered the officer no longer worked for the agency because the officer had been arrested for theft related to the officer claiming he worked off-duty assignments that it did not appear that he actually worked. During the deposition of the other officer on scene of the arrest, that officer stated he did not remember seeing or hearing the interaction between our client and his partner regarding the illegal drugs. As a result of our due diligence the State Attorney’s Office dismissed the charge against our client. While we cannot guarantee a similar outcome in every case, we can guarantee that we will do our due diligence in all of our cases.

September 24, 2021

Is the smell of marijuana enough for probable cause?

 At the end of March 2021, the Second DCA in Owens v State, 317 So.3d 1218, switched the legal landscape back in favor of law enforcement regarding the smell of marijuana.  Previously, some state attorneys declared that the smell of marijuana no longer supported a search because hemp which smells like weed can’t be distinguish by human smell.  Reiterating long-standing principle that probable cause is a practical and common sense standard assessing whether there’s a fair probability that criminal activity is afoot, the court found that the decriminalization of marijuana for recreational use does not prohibit the smell of burning marijuana from providing probable cause to search a vehicle. In a seeming effort to justify the opinion, the court went on to say the smell of fresh marijuana in a vehicle accompanied by a lawful prescription for it could be an innocent situation. 

 The court examined Florida statute section 381.986 which permits qualified physicians to prescribe smoking marijuana but prohibits the use of smoked marijuana in vehicles. Recognizing the medical marijuana law might provide an affirmative defense to a criminal offense, the court distinguish that it doesn’t prevent a search.  So the presence of the smell of burnt marijuana continues to be a gateway to a law enforcement search of a motor vehicle. The opinion does nothing to address the situation of law-enforcement claiming without validity that they smelled marijuana. It’s very difficult to prove a negative that they actually did not smell weed.

September 13, 2021

Pros and cons of media on an issue or case

Clients and lawyers alike are often enamored with the idea of “going to the media.” The pros are getting the story out to the citizenry at large and educating people about the realities of a situation.  This is particularly true if the stories being told are inaccurate and depict our client in a false light. Risks include attribution of statements that were not made or are inaccurate; igniting the otherwise dormant passions of the opposing side; broadcasting theories or ideas about the case prematurely; and, committing the time and resources necessary to be fully informed and effective during interviews. It is difficult to be prepared for every angle reporter might seek to explore regarding a matter.  This is where it’s helpful to develop loops, that is, ideas which form the bedrock of your position on a matter.  In any interview, we seek to consistently provide them in our answers.  This prevents straying from the topic and the risk of saying something unintentionally foolish. In the end, the press can be an important tool for advocacy but engaging is not without risk. Certainly, not all media exposure is good exposure.

September 13, 2021

Have It Your Way

Unfortunately, criminal court isn’t Burger King and you can’t always “have it your way.” While having an attorney advocate fully on your behalf can substantially help your position, ultimately it is up to the Assistant State Attorney on what plea offer will be made. If you are not happy with the offer, you have two choices, you can either plea open to the Judge and let the Judge sentence you as he/she deems fit, or you can go to trial.

September 2, 2021.

Ready or Not Here I Come

Police entry into the home is a hot topic.  Officers use knock and talks (unsolicited knocks on your door without a warrant) to try to gain entry using the plain view exception to the Fourth Amendment (officer sees contraband over the occupant’s shoulder – bong, syringes, white powdery substance, etc.)  or to gain consent to enter (often the person is merely acquiescing to a show of authority by the law – remember there can be limits placed on entry so for example you could tell the cop they can come sit on your sofa but that is it).

In Lange v. California, 141 S.Ct. 2011 (2021) the U.S. Supreme Court held that an officer cannot enter a home without a warrant to pursue a fleeing misdemeanor suspect absent exigent circumstances.  Exigencies involve the prevention of imminent injury, destruction of evidence or a suspect’s escape.  While many misdemeanor pursuits may involve exigencies permitting a warrantless entry, the court declined to create a categorical rule allowing entry in circumvention of the Fourth Amendment.  Thus, the cases will be fact specific.

The home is one of the most sacred places the Fourth Amendment protects.  The police are certainly allowed to knock on your front door, but they can’t compel you to answer.  If you do answer, refuse consent if they ask to search. You should request they get a warrant in a non-confrontational tone.  Recently, an officer did not like the fact that our client lied about whether her boyfriend was home.  The officer then violated the Constitution when he grabbed our client falsely claiming he was arresting her for obstructing his investigation.  She validly denied him access to her home.  A challenge in the defense of the case arose from her defensive use of her feet to keep from being pulled from the residence.  In the end however, the optics were in our favor and the State dropped the charges.  Always remember if you handle hostility or offensive conduct from officers with some modicum of grace, you will fare better with your end results.

August 11, 2021.

prison protest restitution

The State was seeking restitution of over $17,000 against our client who was involved in a prison protest. The $17,000 was the quote the prison received to repave their entire parking lot after paint was allegedly dumped on a small portion of the roadway. Our client was charged with trespass after warning and resisting arrest. For restitution to be imposed, there must be a significant relationship between the crime committed and damage to the victim.  M.P. v. State, App. 2 Dist., 66 So.3d 1055 (2011). Here, our client was not charged with any offense related to the paint, nor was there any allegation that our client was the person who dumped the pain.  After presenting argument and case law to the Assistant State Attorney they decided to withdraw their request for restitution.

August 11, 2021.

cell phones don’t lie

While people may, unfortunately, lie, cell phones don’t. This is true even if there data is deleted or altered on the cellphone. A forensic computer or cellphone examiner will more than likely be able to restore the lost data and or see that data has been altered or deleted. Even if the forensic examiner can only see that data has been deleted, the government or opposing party will argue that it is nefarious and evidence of guilty conscious.   

August 11, 2021.

covid is real.

After receiving the two dose Pfizer vaccine in April and staying Covid free through the pandemic, I tested positive on July 22.  I believe I was exposed at a charity event for men who are rebuilding their lives from drug addiction, mental health challenges, and other difficulties.  The program is the Timothy Initiative and I serve on their board.  I know many of the men in the program are sick.   Prior to this, the program did not have a single case of Covid.  They rely on the county health system and I am thankful that they have that resource.  I wanted to share that Covid is still really impacting folks and encourage people to be careful, thoughtful, and use best practices.  Also, keep the sick in your prayers please.

July 28, 2021.

go to trial or take a plea?

The decision to go to trial or take a plea deal can be very difficult. The offer of probation versus the likelihood of jail time if convicted can weigh heavily on a client’s decision. Our client, and two other people, were charged with trespass on prison property. The case was going to be tried in a small town that included 3 prisons in which most of the community either worked in or for the prison or knew someone who worked at the prison. Our client and one other person chose to accept the probation offer while the last person chose to go to trial. After 2 days of trial, in which the Court was undoubtedly in favor of the State’s case and a guilty verdict, the jury returned a not guilty verdict. While our client may have also received a not guilty verdict if we went to trial, ultimately after watching the Court’s demeanor, he was satisfied with his decision to accept probation.

July 28, 2021.

Improper policing receives immunity

In an exquisite example of how police officers get immunity for improper conduct under qualified immunity see the attached story.  
https://www.forbes.com/sites/nicksibilla/2021/06/08/cop-who-led-accidental-no-knock-raid-against-78-year-old-grandfather-cant-be-sued-court-rules/?sh=7025130f68b3
A plain reading of the Fourth Amendment gives fair warning that searching a house you have no authority to search violates the Constitution! This was the very first civil rights case Attorney Maddux did against Polk County Sheriff’s Office - serving a warrant at the wrong house. (Incidentally the judge acting to protect his local sheriff’s office buddies granted judgment for the agency because of a bogus release they obtained using coercion and duress. So we don’t go to state court - we file our cases in federal court to avoid hometown favoritism).

As to the 11th Circuit’s recent ruling, we don’t need a published decision by the Eleventh to to tell us what the Constitution plainly states. And for them to leave the decision unpublished tells you in rich irony that the law is designed to clear cops of their incompetence and disregard for the law.

Qualified immunity should be uprooted by Congress to end police abuse.

June 10, 2021.

accident injury Justice

Our client, a nurse, with two young children, was injured in a car accident three weeks prior to Christmas. She sustained injuries to her right dominant hand wrist which required surgery. As a result of the injury, our client was unable to work for an extended period of time, but more importantly was unable to fully care for her children. Our firm was able to settle her case for policy limits and the settlement allowed our client to receive additional medical care she needed. She has been able to healthily transition back to work after some healing downtime.

June 14, 2021.

Fentanyl Death Cases

In the past few years we have defended two clients accused of selling drugs, which later were determined to contain fentanyl, and in both cases an individual died of an overdose from the drugs. Because both clients had prior felony drug convictions (which can be as minor as mere possession), they faced a minimum mandatory of life in jail, that is that the judge has no choice but to sentence them to life in prison if found guilty. According to the law, they did not even have to know that the drugs contained any fentanyl. It’s important to note that both clients were at worst low-level sellers, who were impoverished individuals that had their own addiction issues.

Now, selling drugs is illegal, and I’m not making any excuses for it. However, a life sentence for low-level sellers of drugs is not a just sentence. While I understand that prosecutors use this potential punishment as a tool to try and get the bigger fish, but more often than not the small fish are addicts and either don’t know any bigger fish or are too scared to give up the big fish. While we are no longer in the era of the war on drugs, we still have arcane and unjust punish schemes that still need to be changed. Most importantly, minimum mandatory punishments should be applied in the most exceptional cases.

June 18, 2021.

Boating in silver springs

Our client took his boat to Silver Glen Springs, in the Ocala National Forest. Alcohol is strictly prohibited. A friend of our client left an empty beer can on the side of the boat. The FWC (Florida Fish and Wildlife Conservation Commission) officer observed the beer can and asked who was the owner of the boat. Our client was cited with having an open container in the National Forest. This citation required a court appearance. The initial offer from the Assistant State Attorney included community services hours and a fine. Upon presentation of defenses and mitigation material, the case to dismissed with no sanctions.

May 25, 2021.

heading home for better care

Our client, who suffered from severe autism, was living and attending school at a special facility for disabled children. An announced visit from our client’s family revealed potential abuse by staff at the facility. Our thorough investigation and review of the records revealed continuous and escalating use of restraint chair and abuse mechanisms on our client. A settlement allowed our client to purchase his own home where he can receive home health care.

May 17, 2021.

possession charge turned university graduate.

Our Client, a University of Florida, College of Engineering student, was arrested for possession of a controlled substance. He had a non-prescribed Adderall pill in his possession that he got from another fraternity brother. Our client entered into Drug Court and successfully completed the program resulting in a dismissal of the charges. He graduated from the University of Florida and is now a successful chemical engineer.

May 7, 2021.

Client filed a motion to suppress the evidence…

obtained from a traffic stop for a window tint violation because the duration of the stop was longer than necessary for the purpose of the business to be conducted during the stop.  See Rodriguez v. United States, 575 U.S. 348, 135 S.Ct. 1609, 191 L.Ed.2d 492 (2015)  The judge denied the motion saying the delay was due to client’s behavior and that the length of the stop was not very long regardless.  Subsequent continued investigation revealed at least one other stop by the officer for the same grounds, window tint stop, that revealed the truth of client’s position - he had not delayed the stop and that the officer was pursuing other objectives, not the purpose of the stop, during the initial minutes of the encounter.  The State subsequently agreed to drop the case.   Motion practice coupled with not giving up generated a positive outcome for our client.  Officers are often fishing for illegal activity.  The law demands that they stay on track with the purpose of the stop unless other independent observations give rise to reasonable suspicion to believe criminal activity has or is taking place.

May 7, 2021.

False Arrest and Traffic Citations

Do you think you may have a claim for a false arrest? Don’t pay your traffic citation until you talk with an experienced civil rights lawyer. Our Client was pulled over for following too closely. He was cited for the traffic offense and ultimately arrested for resisting without violence. The client paid the traffic citation but wanted to pursue a claim for the false arrest on the resisting charge. The Court dismissed the false arrest claim finding the traffic violation, even though it was minor and punishable by a monetary citation only, could provide an officer arguable probable cause to make an arrest. This is an unfortunate rule of law but one we must deal with in assessing cases.  Therefore, if you pay your citation, that may bar any false arrest claim.

March 22, 2021.

Self-Destructive Clients

As a lawyer, one difficult obstacle we see is clients who are self-destructive. A self-destructive client is one who undermines his or her ongoing case. In criminal cases, this usually takes the shape of a client picking up a new, unrelated charge(s). This is hurtful in a few ways. First, the client will most likely want to bond out of jail, which will cost the client or family or friends more money to bond out of jail. However, the issue that can arise is that part of the conditions of the bond on the original case is not picking up new law violations or charges. As a result of picking up the new charge, bond can be revoked on the old or original case. The judge can reinstate the bond if the client’s lucky with added conditions, or the judge can issue no bond and the client will have to stay in custody until the old case is resolved. Another issue that the new arrest causes is that it increases the difficulty in getting the original case resolved favorably (including dismissal and favorable plea offer). One mantra we repeat to clients is to help us help you. This includes not picking up new charges. This means making smart choices including who you hang out with and where you hang out. For example, going out to a bar and drinking is a recipe for disaster. At the end of the day, make smart choices and help us help you.

March 17, 2021.

Judicial Frustration

Judges are frequently tasked with making difficult, weighty decisions. In criminal cases, they deal with liberty interests of the accused, the need to protect the public from danger, and the need to rehabilitate people who make poor choices. In civil cases money and property rights are at stake. Decisions will have a bearing on whether a person achieves full compensation for unjust injuries and in some contexts whether their constitutional rights are honored. Remember when you're observing the judge in a case that they face a lot of stressors: the pressure to get it right; the intense stares of the parties; the public policy implications; the cost of decisions to the parties and the public; and, a host of other factors. This can lead to judges who seem frustrated or ill tempered. I try always to role reverse with the judge and feel the various pressures they would face before reading too much into their demeanor. I genuinely believe judges try to do the best that they can under the totality of circumstances they face. And sometimes after all, like you and me, they may just be having a bad day. As an advocate, my job is always to represent my client as best I can to achieve justice in their cause and right along with this duty is the call to empower the judge to make good factual and legal decisions.

March 10, 2021.

Alternative Pathway in Criminal Justice System

Our 17 year old client was charged as an adult with fraud, grand theft and possession of a controlled substance. While most think the criminal justice system is all about punishment, sometimes we are able to make it about rehabilitation. We called the Assistant State Attorney and discussed the underlying issues our client was suffering from, both mental health issues and drug addiction. We convinced the Assistant State Attorney that our client needed both mental health treatment and drug rehabilitation, to prevent this from happening again. We were able to work out a pretrial diversion program in which our client will attend a 1 year in patient rehab program, receive the help he truly needs, and when he successfully completes the program, all charges will be dismissed. We search for hope and second chances when we do our work.

March 10, 2021.

The Pains of Self-Medicating

Many clients are under a lot of stress and anxiety. The COVID-19 pandemic has produced financial strain. Economic and family stresses create internal stories that generate anxiety, fear, and hopelessness. Sadly, many individuals turn to self-medicating. This is defined as taking medications that are not prescribed and not under the guidance of a professional in order to treat an ailment.  Often this is done with marijuana or illegally obtained prescription medication like Xanax. There are side effects and risks. Excessive marijuana use in juveniles can damage neuro pathways in the brain; use of Xanax can lead to addiction and withdrawal symptoms that include seizures. With controlled substances like Xanax, people risk catching a third-degree felony for possession of a controlled substance without a prescription.

Some suggested alternatives: seek professional help; connect with a licensed and trained therapist; seek spiritual rejuvenation at your church; start a journal; exercise and eat foods that energize you. For surely an arrest for one of the offenses outlined here will only increase one’s anxiety and stress and debilitate one’s finances.  If your life has taken a down turn with criminal charges or substance abuse, contact us.  We can help you learn to cope and build up some hope.

March 3, 2021.