False Confession

False Confession, False Arrest

Hernando County Sheriff’s Detective interrogates 18-year-old high school senior for 12 hours, one bathroom break, and no food, ending as the 18-year-old left the sheriff's office in handcuffs arrested on Masaryktown murder charges. Months later, a DNA match leads investigators to another suspect who would be convicted and sentenced to life in prison.

"The bottom line is that the statement [the 18-year-old high school senior] gave was not a free and voluntary statement," Assistant State Attorney Pete Magrino said.

Attorney Michael P. Maddux, is available to assist you. Contact our office Toll Free at 1-888-703-2253 or locally at 813-253-3363.

Hernando County Courthouse Defense Lawyer Attorney 34601

False Confession, False Arrest, Juvenile Death Penalty, Florida Defense Attorney, Florida Defense Lawyer, Free and Voluntary Statement, Murder Charges, Life in Prison


View Larger Map of Hernando Brooksville FL 34601

Source: http://www2.hernandotoday.com/content/2011/jul/15/141814/building-a-false-confession/news/

Deaf | Decked | Danceclub

Tampa Police Department, 42 USC Section 1983

Attorney Michael Maddux has filed a Federal Civil Rights lawsuit against four Tampa police officers, for use of excessive force against a deaf Tampa man on February 7, 2010 outside a local Ybor City nightclub.

View Larger Map of Location of Use of Excessive Force Incident

Read more about this Federal Civil Rights Case at MSNBC

Attorney Michael P. Maddux, is available to assist you. Contact our office Toll Free at 1-888-703-2253 or locally at 813-253-3363

Maddux addresses issue of "Cop Watching"

Tampa Lawyer Michael P. Maddux discusses the issue of "cop watching" with Channel 8 local news.

Watch Man thrown in jail for "cop watching" at Tampa Bay Online

Gasparilla 2011

The annual Gasparilla Pirate Festival for 2011 is quickly arriving. Those attending, especially those from out of town, should be aware of the Tampa Police Department’s “Zero Tolerance Policy” which was started in 2010.

At the 2010 Gasparilla Pirate Fest, police arrested more than 400 persons. This is more than triple the number of arrests made in 2009. A majority of the arrests were for Open Container, however, other charges included Minor in Possession of Alcohol, Battery on a Law Enforcement Officer, Battery On A Police Horse, Fake Identification, Possession Of Marijuana, Cannabis, and DUI.

The Tampa Police Department’s Gasparilla Zero Tolerance Policy (1/26/2010) states:
· Drinkers must be 21 or older to consume alcohol;
· Open containers only permitted in designated areas;
· Alcohol may not be consumed from kegs or large vessels;
· Must purchase alcohol from vendors;
· Only cans or plastic bottles permitted (no glass or Styrofoam cups or containers);
· No Fighting;
· No property damage;
· No Trespassing;
· No nudity or flashing for beads;
· No public intoxication;
· No driving under the influence;
· No motorized vehicles or bicycles;
· No weapons; and
· No illegal drugs.

Prohibited items (unless licensed, permitted and identified by Event Staff):
· No coolers (unless carrying formula for infants or medicine);
· No alcohol;
· Advertising/selling of any product or service;
· Glass containers of any sort (City Ordinance);
· Tents; and
· Fence, stakes or rope (used by spectators to reserve space for parade viewing).

Tampa Police Officers have made zero tolerance presentations to nearly 15,000 people in the community, most of them being high school students. Nearly 1,500 radio public service announcements on eight Clear Channel stations were made. Nine digital billboards will publicize the “Zero Tolerance Policy”. Additionally, citizens can text ''pirate'' to 333222 to review the “Zero Tolerance Policy.”

If, however, you should find yourself among those arrested at Gasparilla, Attorney Michael P. Maddux, is available to assist you. Contact our office Toll Free at (888) 703-2253 or locally at (813) 253-3363.

Florida Hardship License Form | Free

DHSMV Hardship Application

The Law Office of Michael P Maddux is standing by to help get your Florida Driver's License back.

Here is an early Christmas Present.

As a courtesy, we are providing the form to apply for a hardship license for free.

If you need help, give Michael a call to see how he can help get you back on the road with your Florida Hardship Driver's License from the Florida Department of Highway Safety and Motor Vehicles.

Call Michael at 813-253-3363 to get back on the road.

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Administrative Expunction

Many of our clients claim that they have been falsely arrested. False arrest allegations are difficult to prove because law enforcement has the affirmative defense of "arguable probable cause". So while law enforcement can arrest you if probable cause exists to believe that a crime was committed and that the person arrested committed the crime, they must have a mere argument that the person they arrested meets those criteria to overcome a civil lawsuit.

Nonetheless, some, but not many, agencies are willing to accept responsibility for the wrongs they cause people they falsely arrest. Agencies should encourage law enforcement officials not to make spontaneous arrest decisions where there is not a risk of imminent danger. Thus, in cases involving claims of theft, embezzlement, or other fraud based crimes, the most prudent action is often to delay an arrest decision until a prosecutor can review the allegations, evidence and investigative materials to make a decision about whether probable cause exists for an arrest.

Prosecutors themselves are charged with the duty of determining whether the evidence suggests that they have a substantial likelihood of success on the merits and can succeed through the appellate process if an appeal of any conviction is taken. Unfortunately, often law enforcement makes an arrest decision in these fraud based cases without adequate evidence and without investigating potential exculpatory evidence. While the duty to investigate exculpatory defenses is not great, where the access to the information is readily available and is not unduly burdensome to law enforcement to obtain it and review it, a prudent law enforcement officer will look into potential exculpatory evidence to avoid making a false arrest.

Recently, Florida law was amended to allow, pursuant to Florida Statutes §943.0581, for an administrative expunction. Thus, an arrested person(s) can apply to the Florida Department of Law Enforcement for the administrative expunction of any non-judicial record of an arrest of a minor or adult where the agency determines in its discretion or a Court determines via a final Order that the arrest was contrary to law or by mistake. The fact that an administrative expunction is pursued does not mean it is an admission of liability connected with the arrest. In order to be granted by FDLE, this expunction process requires that the application be "supported by the endorsement of the head of the arresting agency or his/her designee or the state attorney of the judicial circuit in which the arrest occurred or his/her designee." Florida Statutes §943.0581(3).

This remedy needs to be invoked as part of the healing process when false arrest charges are levied against law enforcement agencies. Often, in addition to the financial burdens that a false arrest imposes on someone for potential job loss, the impact to reputation can be devastating. This administrative expunction is one form of relief our office will pursue if we represent a client. Many of my clients ask when they can get their mug shot off the local sheriff’s database. Unfortunately, many people spend their idle time checking these databases which only require a couple of clicks and can provide condemning, conclusory and unsupported inferences about one’s character. Our office is working to combat these problems for our clients and welcomes the opportunity to review your case.

Jennifer M. Szymczak Joins Team

Jennifer M. Szymczak

Jennifer M. Szymczak has joined the firm. Ms. Szymczak received her B.A. in Criminology from the University of Florida and her law degree from Stetson University College of Law. 

Areas of Practice: Personal Injury (including automobile accidents, slip and falls, premise liability, wrongful death, products liability and medical malpractice), State Criminal Defense, Civil Rights Violations, Insurance Claims related to hurricane issues, Bad Faith Insurance Practices, and PIP Litigation. 

She has worked with Michael P. Maddux, P.A. since April of 2008 as a law clerk. She is a member of the American Bar Association, Hillsborough County bar Association and the National Police Accountability Project. 

While in law school, Ms. Szymczak was a certified legal intern with the Office of the State Attorney, Sixth Judicial Circuit of Florida, Pasco and Pinellas Counties. During that time she actively participated in the criminal justice system and performed the functions of a prosecutor through all facets of prosecution including filing charges, performing investigations, responding to discovery, arguing motions and conducting jury trials, under the supervision of an Assistant State Attorney. In addition, she was also a certified legal intern with the Public Defender’s Office, Twelfth Judicial Circuit of Florida, Desoto, Manatee and Sarasota Counties. During that time, she had the opportunity to actively participate in the criminal justice system and perform the functions of an Assistant Public Defender through all facets of case management, including representing clients during jury and nonjury trials, under the supervision of an Assistant Public Defender. 

Ms. Szymczak is also a Guardian ad Litem, with the Sixth Judicial Circuit, Pinellas County, Florida. She is a court appointed special advocate for an abused, abandoned or neglected child. She works in a team with a program attorney and a case coordinator, to become familiar with all aspects of the child’s circumstances and then makes recommendations to the court to ensure a safe and permanent home for the child.