Florida Attorney PA

False Confession

2011-08-16T07:03:00.000-07:00

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

2011-08-06T09:07:00.000-07:00

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

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"

2011-02-08T09:52:00.000-08:00

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

2011-01-10T09:43:00.000-08:00

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

2010-12-23T15:42:00.000-08:00

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.

View Larger Map

Administrative Expunction

2010-12-07T11:50:00.000-08:00

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

2010-10-29T13:30:00.000-07:00

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.

Florida Super Lawyer 2010 | Tampa | Hillsborough

2010-10-26T11:28:00.000-07:00

Michael P. Maddux Tampa, Florida Attorney

Tampa Criminal Defense Attorney, Lawyer Michael P. Maddux has been reviewed and named to the list of Florida Super Lawyers 2010. The list represents no more than 5 percent of the lawyers in Florida. Michael is also Board Certified in Criminal Trial Law by the Florida Bar. That group that comprises less than 1/2 of 1 percent of Florida Attorneys.

''It is absolutely clear from this record that [Super Lawyer does] not permit a lawyer to buy one's way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.'' According to one State Supreme Court.

Source: http://www.superlawyers.com/about/selection_process.html

Office and Driving Directions on Google Maps

View Larger Map

Office and Driving Directions on Google Street View

View Larger Map

Florida Super Lawyers 2010 - Tampa Attorney

$100,000 Verdict for False Arrest

2010-09-29T07:34:00.000-07:00

Kimberly Shields Hesketh was kept overnight in the Seminole County jail as a result of her identity being stolen. A warrant was issued for her arrest by Charlotte County Authorities as a result of a violation of probation, which she never committed. During her overnight stay at the jail she was subjected to a strip search. As a result of the unlawful detention and the strip search, jurors awarded her $100,000.

http://www2.tbo.com/content/2010/sep/29/290924/woman-awarded-100000-for-wrongful-arrest/news-breaking/, September 29, 2010.

Tampa Civil Rights | Civil Wrongs

2010-05-29T00:37:00.000-07:00

Tampa Civil Rights advocate, attorney, and lawyer, Michael Maddux was featured for his work in defending a deaf citizen who was caught on video being arrested by police in Tampa, Florida.

Take a look at this story and tell us what you think.

Florida Attorney Boy Scout Lawsuit Alleges Abuse

2010-05-21T21:10:00.000-07:00

Tampa Personal Injury Attorney, Lawyer Michael P. Maddux made big news today when his team filed suit against the Boy Scouts. The St Pete Times reports, "The parents of three children who were molested by their Scout leader have filed a lawsuit against Boy Scouts of America and its local affiliate, saying both organizations were negligent and could have prevented the abuse."

The Tampa Tribune reported that one member of the Maddux team " recently won a $20 million verdict against the Boy Scouts. . . . A lawyer who represents the Boy Scouts of America said he could not comment on pending litigation."

Boy Scout Abuse? Tell Michael

Toll Free Toll 1-888-703-2253

Court Ruling on Blood Alcohol Testing Machine Challenge

2010-03-28T13:32:00.000-07:00

The State Attorney's Office says the panel of judges ruled that sobriety testing devices used were in fact federally approved ones. This denial of 400 defense DUI motions is the third unsuccessful challenge to the Intoxilyzer 8000 breath instrument since 2005. If the motion had passed the defendants would have successfully suppressed the breath test results and many would have had their DUI cases thrown out. The seven judges ruled unanimously that the Intoxilyzer was properly tested by the Department of Transportation and has been a "conforming product" since 2002.

DUI CASES NO LONGER ON HOLD IN COURT-- Sun-Sentinel, http://www.sun-sentinel.com, March 23, 2010.

DUI CASES TO MOVE FORWARD AFTER JUDGES REJECT CHALLENGE TO BLOOD-ALCOHOL TESTING MACHINE-- The Palm Beach Post, http://www.palmbeachpost.com, March 23, 2010

Plant City - Eastern Hillsborough County Sinkhole

2010-02-02T15:28:00.000-08:00

Some Families Are Leaving Home Near Plant City, Eastern Hillsborough County Sinkhole

Sinkhole Forces Evacuations in Frostproof Florida Polk County

2010-02-01T14:17:00.000-08:00

Sinkhole forces evacuations, you can see the tree has been swallowed by the sinkhole.

Many neighborhoods in Polk County Florida may have sinkholes. If you live in one of the following neighborhoods and need a

Sinkhole Attorney Call Now: 1-888-703-2253!

Achan, Agricola, Alcoma, Alturas, Auburndale, Babson Park, Baird, Bartow, Bereah, Berry, Bonnie, Bradley Junction, Brewster, Carters Corner, Citrus Ridge, Combee Settlement, Connersville, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, East Mulberry, Eastwood, Eaton Park, Eloise, Eloise Woods, Eva, Ewell, Fedhaven, Florence Villa, Floritan, Fort Meade, Fountain Heights, Fox Town, Frostproof, Fuller Heights, Fussels Corner, Galloway, Gibsonia, Gordonville, Green Bay, Griffin, Haines City, Hesperides, Highland City, Highland Park, Hillcrest Heights, Holiday Manor, Homeland, Indian Lake Estates, Inwood, Jan-Phyl Village, Jones Corner, Kathleen, Kingsford, Kossuthville, Lake Alfred, Lake Garfield, Lake Hamilton, Lake of the Hills, Lake Shipp Heights, Lake Wales, Lakeland, Lakeland Highlands, Loughman, Lucerne Park, Lynchburg, Maxcy Quarters, Medulla, Mountain Lake Station, Mulberry, Nalcrest, Neilson, Nichols, Oak Terrace, Orangedale, Pebbledale, Pembroke, Pierce, Pine Dale, Pittsburg, Poinsettia Park, Polk City, Poyner, Prairie Junction, Providence, Ridgewood, Rock Ridge, Rolling Hills, Roux Quarters, Royster, Socrum, South Mulberry, Tancrede, Tiger Bay, Tranquility Park, Wahneta, Waverly, West Lake Wales, West Scenic Park, Willow Oak, Winston, Winter Haven, Withla, Wolfolk

Need a Polk County Sinkhole Attorney Call Now: 1-888-703-2253!

Sinkhole Near School Forced Relocation of Elementary Students in East Hillsborough County

2010-01-31T07:42:00.000-08:00

Sinkhole Near School Forced Relocation of Elementary Students in East Hillsborough County

Many neighborhoods in Hillsborough County Florida may have sinkholes. If you live in one of the following neighborhoods and need a Sinkhole Attorney Call Now: 1-888-703-2253!

Adamsville, Antioch, Apollo Beach, Balm, Bealsville, Beattys Corner, Bloomingdale, Boyette, Branchton, Brandon, Carrollwood, Carrollwood Village, Cheval, Citrus Park, Clair-Mel City, Clarkwild, Coronet, Cosme, Del Rio, Dover, Drew Park, Durant, East Lake, East Tampa, Edison, Egypt Lake, Fish Hawk, Fort Lonesome, Gardenville, Gary, Gibsonton, Gulf City, Harney, Hopewell, Jolly Corner, Kennedy Hill, Keystone, Keysville, Knights, Lake Fern, Lake Magdalene, Leto, Limona, Lithia, Lutz, Mango, Mango Hills, Midway, Moriczville, Mount Enon, Mullis City, North Ruskin, Northdale, Nowatney, Orient Park, Palm River, Palma Ceia, Pebble Creek, Pinecrest, Plant City, Pleasant Grove, Port Sutton, Port Tampa, Progress Village, Rattlesnake, Remlap, Riverview, Rocky Creek, Ruskin, Seffner, Shilow, Sixmile Creek, Snows Corner, South Tampa, Sulphur Springs, Sun City, Sun City Center, Sydney, Tampa, Tarpon, Temple Terrace, Temple Terrace Junction, Thonotosassa, Town 'n' Country, Trapnell, Turkey Creek, Valrico, Welcome, West Chase, West Park, West Tampa, Wimauma, Ybor City, Youmans

Need a Sinkhole Attorney Call Now: 1-888-703-2253!

Tampa Defense Attorney - 413 Arrested Gasparilla

2010-01-30T22:32:00.000-08:00

Criminal Defense Attorney, Michael Maddux notes There were 413 arrests during Gasparilla this year. Most were alcohol related, according to a Tampa police spokesman. We will update the arrest total. There were only 127 arrests in 2009. Saturday's arrest total included 406 misdemeanor cases and seven felonies.

Also among the charges were felony charges including open container, minor in possession of alcohol, battery on a law enforcement officer, battery on a police horse, being in possession of fake identification, and felony possession of marijuana. We also expect reports about DUI Driving while impaired, and Driving Under the Influence. One arrest included an NFL National Football League player.

Gasparilla Arrest? Tell Michael Your Story 1-813-253-3363.

Open Container, Minor In Possession Of Alcohol, Cannabis, DUI, Battery On A Law Enforcement Officer, Battery On A Police Horse, Fake Identification, Possession Of Marijuana,

Hillsborough County Sinkhole Attorney - New Building Code

2010-01-30T14:42:00.000-08:00

Sinkhole Chopper Video

One Florida county Sinkhole Attorney notes that the County Commission is set to vote on a change in the County’s building code in order to provide residents with greater protections from potential sinkhole damage. The change calls for foundations to be reinforced with extra steel in sinkhole prone areas. Although some are skeptical about the tougher building code, an attorney believes that “[a]dding steel or reinforcing the slab will certainly prevent a lot of minor damage.” Regardless, it is believed the new regulations will help Florida County homeowners because it will lower the cost of sinkhole insurance premiums. If you need sinkhole help in these East Hillsborough County Florida cities: Thonotassa, Mango, Seffner, Brandon, Plant City, Valrico, Dover, Antioch, Riverview please call now: 1-888-703-2253

Sinkhole? We can help. Call Now! 1-888-703-2253

Giant Polk Sinkholes Swallow Property in Frostproof FL & Plant City FL

2010-01-30T14:30:00.000-08:00

Polk Sinkhole Attorney knows that the laws may require foundations to be reinforced with extra steel in sinkhole prone areas.

Sinkhole? We can help. Call Now! 1-888-703-2253

Gasparilla Parade Tips

2010-01-30T07:36:00.000-08:00

Everyone wants to have a good day. Here are some tips to make your Gasparilla day a little more enjoyable. Plan your day in advance. If you know where you’re going to park and your route, it can save you time. Once you arrive, pick a meeting place so if you become separated, you have a place to meet. Text yourself your parking location to remind yourself where you parked. The Crosstown Expressway is a great route to take. There are convenient exits to the parade routes (beginning, middle and end).
The parade route is a wet zone, you can drink alcohol, but only from the vendors selling along the parade route. No coolers, kegs or open containers are allowed. Absolutely no glass bottles. If you have any other questions call the City of Tampa Gasparilla Call Center: 813-274-8750

Tampa Gasparilla Zero Tolerance Policy Video

2010-01-30T07:32:00.000-08:00

Tampa Gasparilla Zero Tolerance Policy Video

Gasparilla Zero Tolerance Policy – Strictly Enforced

2010-01-30T07:26:00.000-08:00

There are some strict rules to follow when you decide to enjoy the Gasparilla parade today. The Tampa Police have so kindly released this list:

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
Use port-o-lets and other restroom facilities
Fighting
Property damage
Trespassing
No nudity or flashing for beads
Public intoxication
Driving under the influence
No motorized vehicles or bicycles
Weapons
Illegal drugs

There are also some restricted items so remember leave these items at home when you decide to enjoy the Gasparilla parade today. The Tampa Police have so kindly released this list of Prohibited Items:

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
Fence, stakes or rope (used by spectators to reserve space for parade viewing)

Boating Under the Influence Zero Tolerance Policy Arrests Gasparilla Arrest Statistics

2010-01-30T07:21:00.000-08:00

BUI is against the law and Tampa Police Department has a Zero Tolerance Policy to Alcohol. They will be arresting people who they believe are impaired.

Gasparilla Parking and Gasparilla Street Closures

2010-01-30T07:10:00.000-08:00

To ensure emergency vehicles access to the parade route and for the safety of parade goers and local residents ALL streets adjoining Bayshore Boulevard will have the first block closed to parking. Some areas normally available for parking, may be designated as no parking areas for the parade (ESPECIALLY in residential areas). All road closures will be well marked. There are plenty of parking options from downtown and Channelside garages or parking lots. Parade goers can also park in an Ybor City garage and take the street car trolley. Remote parking will also be available at the Raymond James Stadium with a shuttle to the parade route. From 8 a.m. until noon pink slip warnings will be issued. From noon until 10 p.m. tickets will be issued. After after 10 p.m. cars will be towed.

Big Brother Faces Challenges

2009-11-11T04:39:00.000-08:00

Many cities in Florida rushed to install red light cameras without legislative authorization and now they are facing challenges to keep these cameras in place. There’s a pending class action lawsuit against the city of Temple Terrace for permitting American Traffic Solutions (ATS) to install and operate the traffic cameras. The traffic camera program was initiated to generate $3 million in annual revenue, mostly targeting vehicles that were illegally turning right at red lights where prohibited. Although Florida’s legislation has consistently refused to permit automated ticketing, these companies proceeded to install the cameras. The primary argument against Temple Terrace is that there’s already state law in place for red light running and Florida Statutes § 316.007 doesn't allow municipalities to "enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized". Like other cities in Florida, Temple Terrace claims to avoid this restriction by creating it’s own ordinance violation adjudicated by a recently created red light camera "hearing officer". However, according to attorney, Jack L. Townsend, Jr., the state constitution gave our legislature exclusive jurisdiction over civil traffic hearing officer systems and cities cannot just implement their own judicial system. Since Temple Terrace cannot use state law to enforce camera based citations, the city’s ordinance gets its teeth by declaring that a vehicle owner who fails to pay the fines will be denied rights and privileges, including the right to use municipal facilities, to obtain licenses or permits, and other restrictions.

Resource: www.thenewspaper.com

Is Your Music Too Loud For Florida’s Roadways?

2009-10-29T06:07:00.000-07:00

In 2010, Florida’s legislators will be reviewing a proposed Bill, which would make driving with loud music a more severe crime and carrying harsher punishment. State Representative D. Alan Hays (R-Umatilla) introduced House Bill 137 to the Florida House of Representatives in September. If passed, this Bill, would modify the current loud stereo statute by imposing double the fines and making the offense a moving violation. If cited 3 times for this offense, the House Bill 137 would impose 3 points against their license and a $180.00 fine. These points would increase auto insurance premiums for the cited individual.
As it currently stands, it is currently unlawful to drive past a church, school or hospital with a stereo "plainly audible" from 25 feet away or that is "louder than necessary for the convenient hearing by persons inside the vehicle". Law enforcement and politicians are excluded from this law, since politicians often use loud sound devices for "political purposes".
While state law already imposes fines for loud stereos, many cities have already written their own civil ordinances imposing harsher laws and stringent punishment.
Resource: www.thenewspaper.com

Do I Need Med Pay Coverage?

2009-10-17T10:20:00.000-07:00

Med Pay is optional and supplemental auto insurance coverage offered in the State of Florida and can be purchased for an additional fee. Med Pay coverage will pay the 20% of medical bills that PIP does not cover and when PIP is exhausted will pay 100% of the medical up to the coverage limits. Unlike PIP coverage, Med Pay does not compensate for lost wages. Med Pay is affordable coverage that helps when someone’s negligence causes you to suffer significant injuries and large medical bills. Typically depending on the amount of coverage purchased, Med Pay can be added to a policy for around $50.00 a policy period. You should check your policy for Med Pay and consider adding this coverage.

Personal Injury Precautions and Holiday Time

2009-10-17T09:39:00.000-07:00

Holiday time often fills your home with family and friends. But during this joyful time, homeowners should be actively protecting visitors to your home from potential hazards.

Halloween will soon be here, and this holiday comes with its own set of hazards to your home and those visiting your home. Many legal and insurance commentators offer advice for protected the safety of those visiting your home, and for protecting yourself against liability.

This may be the only time of the year that your home will be visited by many strangers, creating a unique situation for premises liability. Legal commentators note that this holiday is particularly risky for slip-and-falls, which create a liability for the home owner. (Injury Board.)

Many of these hazards can be easily prevented. It is good to make sure that in the area where trick-or-treaters come up to your house is well lit. (Home Safety Council.) Also, clear this area of clutter including Halloween decorations, and pumpkins. (Home Safety Council.) This will help to prevent falls which you could be liable on your property.

Another way to prevent liability is to make sure that your pets, whether inside or outside are properly restrained, so that they don’t jump on or hurt visitors to your home. (Insurance agents).

http://www.homesafetycouncil.org/SafetyGuide/sg_halloween_w001.asp
http://www.insuranceagents.com/halloween-home-safety.html
http://voices.injuryboard.com/property-owners-liability-slip-and-fall/liability-on-halloween-slip-fall-or-safety.aspx?googleid=272190

Drive-By Tasering Results in Teen Death

2009-10-16T06:56:00.001-07:00

On October 3, 2009 Pensacola Police Officer Jerald Ard saw Victor Steen , 17, at a construction site. As Steen began to ride away on his bicycle, Ard pursued him in his police cruiser and ordered him to stop. However, Steen did not stop. Ard attempted to stop Steen by using his Taser, but Steen was able to turn into a bank parking lot. He then crashed his bicycle and was run over by Officer Ard.

Ard has been placed on paid leave pending an investigation by the Florida Department of Law Enforcement. Thereafter, results of the investigation will be turned over to the State Attorney’s Office to determine whether Ard should face criminal prosecution.

In response to this incident, the Pensacola Police Department decided to update its Taser policy. Assistant Chief Chip Simmons released a memo stating officers are not allowed to fire their Tasers out of or into moving vehicles, which includes bicycles.

If you believe a police officer has improperly used a Taser on you or believe you are the victim of excessive force, contact my office to schedule a consultation so that I may advise you of your rights.

http://www.newsherald.com/news/pensacola 78192 teen death.html

Taser May Be Cause of Bradenton Man’s Death

2009-10-08T06:38:00.000-07:00

A 38 year old man from Bradenton who was riding his bike and subsequently ran from cops following a traffic stop was tasered and died less than an hour later at Manatee Memorial Hospital. An autopsy will be conducted to determine the cause of death. Family members said that the man suffered from epilepsy. Until a full autopsy is conducted, the Police Department will not make any comments as to whether the taser caused the death.

http://www.bradenton.com/news/local/crime-and-courts/story/1737465.html

Alleged Excessive Force Used At Orient Road Jail

2009-10-08T06:30:00.000-07:00

Two individuals who have recently been taken to the Orient Road Jail because of allegations of Driving Under the Influence have filed notices of intent to sue the Hillsborough County Sheriff’s Office for excessive force. Both incidents of excessive force occurred in the central breath testing area. One individual states that she went unconscious while waiting to be administered a blood test and a deputy pulled her off the chair and dragged her across the floor. The second individual claims he was choked by officers while taking the breath test. The Hillsborough County Sheriff’s Office denies any wrong doing by its officers.

http://www2.tbo.com/content/2009/oct/07/2-dui-arrestees-allege-excessive-force-hillsboroug/

Just Moved To Florida? Law Requirements For Driver’s License And Car Registration

2009-10-06T13:23:00.000-07:00

Welcome to the Sunshine State! I know you have a busy schedule, but there’s a few things that you should do immediately to ensure you are following the laws of this State. First, you will need to convert your driver’s license to Florida. You can check online to see if you will need to take a written or road test to qualify for a Florida’s driver’s license. Secondly, you should inform your auto insurance carrier immediately of your move and obtain a Florida auto insurance policy from a licensed company. Thirdly, you will need to register your vehicle’s title with the county tax collector’s office. You will need to bring proof you have Florida automobile insurance, your original out-of-state title and physical inspection verification that your automobile’s VIN number is legitimate. You must register your vehicle within ten days of obtaining employment, placing children in public schools or establishing residency.

Resource: Florida DHSMV-New Residents

Justice Is Served On Extreme Brutality In Minnesota

2009-09-29T07:50:00.000-07:00

Minnesota lawyers are finding justice in excessive force cases. Cases of police brutality by use of a taser may be difficult to win, but as Minnesota attorneys prove justice can be achieved.
Minnesota attorneys received a settlement for $200,000 an excessive force case which resulted in no permanent physical injuries. The Plaintiff suffered emotional damages and anxiety.
In this case the plaintiff was tasered, after refusing to comply with requests from the police.
Although the key in many Florida taser cases is unusual damages, this Minnesota case shows that settlement can be achieved.

Facts came from Minnesota Lawyer, Golden Valley Taser Case Leads to Significant Payout, by Barbara L. Jones, September 25, 2009. http://www.minnlawyer.com/article.cfm/2009/09/28/Golden-Valley-Taser-case-leads-to-significant-payout

Eyewitness’ Mistakes

2009-09-25T07:30:00.000-07:00

Let’s say you’re a victim of a crime or you see a crime being committed. You concentrate your full attention on the perpetrator, because you want to remember everything, the color of their hair and eyes, face structure, skin tone, height, weight, what they are wearing and scars. You are certain that you remember this person in great detail. After the assault or after the crime is committed, you file a police report. Hours or days later, you are asked to identify the assailant in a police line-up. This is when mistakes are often made. Although you are certain that you remember the perpetrator in great detail, there are a lot of hidden influences that can hinder the accuracy of your memory about this person. For instance, if you were the victim of the crime, the stress and fear of the crime itself, could alter your memory of the assailant. Time lapse can cause your memory of the events or person to be shaded. There are many new studies about the psychology behind police line-ups and how a person can be easily influenced by the police officer to pick the “right” person. Although witnesses are told that the perpetrator might not be in the police line-up, the witness is inclined to believe that someone in the line-up is responsible for the crime, especially if the suspects are physically similar to each other. This identification testimony can be very convincing to a jury. Bad identifications in the context of police line ups and in other contexts have resulted in false imprisonments. Advancements in DNA testing have helped decrease the chances of being wrongfully convicted. DNA while not without its own limitations has exculpated more than a few falsely accused persons.

Sources: 60 Minutes: “Picking Cotton”, National Science Foundation: Mistaken Idenity: How Feedback “After the Fact” Influences Eyewitneses http://www.nsf.gov/discoveries/disc_summ.jsp?cntn_id=100715&org=SBE

Tampa Bay Paralegal Association Annual Seminar

2009-09-18T19:15:00.000-07:00

Michael P. Maddux, P.A. was a presenter at the Annual Seminar on Friday September 18, 2009 which is sponsored each year by the Tampa Bay Paralegal Association. Some of the presentation materials can be found here.

Power Point - Presentation Admissibility of Evidence from Electronic Sources

Word Document - Outline Admissibility of Evidence from Electronic Sources

Florida Driver’s License Emergency Contact Information

2009-09-14T12:44:00.000-07:00

You never know when or if you will be involved in a horrific car accident or will need emergency care. When these situations occur, you might not be able to call your loved ones to tell them that you are being transported to the hospital or that you need their help. The Florida Department of Highway Safety and Motor Vehicles offers a free service which allows you to provide emergency contact information to law enforcement in the event of an emergency, if you have a current Florida Driver’s License or Florida Identification Card. Having this information accessible saves critical time. The emergency contact information is protected under the “Driver Privacy Protection Act (DPPA) and automatically blocks the release of driver license information, name, address, telephone number, medical or disability information and emergency contact information. Please consider logging onto http://www.flhsmv.gov/index.html and provide your emergency contact information.

Driver Privacy Protection Act. http://www.flhsmv.gov/index.html

Avoid Accidents and Tickets: Know the Rules Of The Road

2009-09-08T07:54:00.000-07:00

How many times do you see someone driving below the speed limit in the left lane or driving on the shoulder to beat the traffic? These actions often lead to horrific accidents that could have been easily avoided. Some people know they are breaking the law, but simply don’t care. Others may have forgotten the laws governing our roadways. Most people study the Florida Driver’s Handbook when they are about to get their driver’s license, but years later, few pick up the book to refresh their memory. Knowing how to drive is different from knowing the rules. The Florida Driver’s Handbook has a lot of valuable information and safety tips, such as handling emergencies like breakdowns, tire blow outs, wet brakes, jammed gas pedals, brake failures, skidding and fires. I recommend that everyone freshen up on the rules of the road, it could save lives, including your own.
The Florida Driver Handbook
El Manual de Conductores de Florida

Florida Motorcycle Laws

2009-08-31T13:04:00.001-07:00

Florida law does not require motorcycles to be insured, leaving many motorcyclists without insurance to protect themselves and others in an accident. Typically, motorcyclists are often severely injured in accidents and their medical bills quickly escalate while in emergency care. Motorcycle insurance is essential considering the rising cost of healthcare, leaving many Floridians without health insurance or means to pay their medical bills. Without proper insurance, they are faced with enormous medical bills and financial ruin.

Unfortunately, there are many uninsured motorists on Florida’s roadways and with the slowing economy, these numbers are expected to increase over time. Insurance protection can also provide benefits for the motorcyclist when the other driver is at fault for the accident, but does not have automobile insurance. Without proper insurance coverage, a motorcyclist can also be personally sued by the other party for property damages and personal injuries, if they caused the accident.

Although motorcycle insurance is not required in Florida and no one ever expects to be in an accident, there are many benefits in having the insurance coverage when and if needed. Unexpected and uninsured accidents can be devastating emotionally and financially. I recommend that all motorcycle owners purchase insurance coverage that will offer them adequate protection and benefits.

Out-of-State Resident and Arrested for DUI?

2009-08-27T16:43:00.000-07:00

Just because you get arrested for DUI and are not from Florida doesn’t mean there won’t be consequences in your home state. The Interstate Drivers License Compact shares driving record information among several states and requires the State of Florida to notify your home state of your DUI arrest or license suspension. This could even result in your driving privileges being suspended in your home state because of reciprocity agreements.

If you are from out-of-state and were arrested in the Tampa Bay area for DUI, contact me so I can help you understand the laws which may affect you in your home state.

Commercial Driver’s License and DUIs

2009-08-27T16:14:00.000-07:00

If you have a CDL and are convicted of DUI, you will lose your CDL in addition to the penalties you will receive under Florida law. This could cost you your living.

If you receive your first DUI conviction while driving a non-commercial vehicle and have a CDL, then you may lose your CDL for a period of one year. A first DUI conviction while driving a commercial vehicle will result in the loss of your CDL for one year if you are transporting hazardous materials that do not require a placard. If the hazardous material needs to carry a placard then you will lose your CDL for three years.

If you have a CDL and have been arrested for DUI in the Tampa Bay area, contact me so I can advise you of your rights.

When Would I Have to Install an Ignition Interlock Device?

2009-08-27T15:53:00.000-07:00

DUI CONVICTION	DEVICE REQUIREMENT
First Conviction	If Court Ordered
First Conviction if 0.15 or Minor in Car	At least 6 months
Second Conviction	At least 1 year

Second Conviction if 0.15 or Minor in Car	At least 2 years
Third Conviction	At least 2 years

These requirements are set forth by Section 316.193, Florida Statutes.

DUI – Ignition Interlock Device

2009-08-27T15:48:00.000-07:00

After July 1, 2002 the State of Florida enacted a law in which those who have been convicted of DUI may have to use an ignition interlock device upon being eligible for reinstatement for a permanent or restricted driver’s license. Further, the driver bears the expense of installing the device. Installation may also be required when a driver convicted of DUI applies for a restricted license for work or business purposes. This device is installed onto dashboards and works much like a breathalyzer. If one installed in your car, you have to blow into it in order to start your car. However, if you are under the influence, the interlock device will not allow you to turn on your car.

If you are required by law to install an ignition interlock device, and you are caught driving without it, you can be charged with a new crime. This could also constitute a violation of your probation.

As you can see, DUI remains a fast-growing and increasingly complicated area of the law. If you have been arrested in the Tampa Bay area for DUI, do not hesitate to contact my office so that I may advise you of your rights.

Recent DUI Arrest

2009-08-27T09:18:00.000-07:00

When you are pulled over for allegedly driving under the influence, you may be required to take a breath test. If you refuse the breath test or blow over .08%, you have ten days to file for a hearing to try to keep your license. If you were driving with a valid license then it is legal to drive for ten days following the arrest.

If you’ve been recently arrested in the Tampa Bay area for DUI, call my office so I can secure the possibility of preserving your driving privileges.

Arrested For Myspace Photos

2009-08-27T08:24:00.000-07:00

On October 1, 2008, a new law went into effect to help the state combat gang activity. The law, sponsored by a former Miami-Dade Police officer, expands anti-gang measures that were currently in place. One of those measures has many questioning how far law enforcement will go and whether our freedom of expression is being taken away. Under the new law, any person who uses of electronic communication, such as social networking, to promote gangs and gang related activity can be "liable for punishment." In Bonita Springs, Florida, only weeks after the law went into effect, the Lee County Sheriff’s Office made their first arrests. They were the first of their kind in Florida and in the nation. Now two Lee County men are facing up to five years in state prison for content posted on their MySpace pages. One showed the hand signal of the Latin Kings gang and called himself "King Kamel". The other posted pictures of his friends "making ‘Eastside’ hand gestures." The arrests in Lee County were part of an effort called "Operation Firewall" and resulted in the arrest of 15 people, including 6 middle school kids. Attorneys for the two men are challenging the law as unconstitutional. The ACLU has raised First Amendment issues stating that "the Statute is so broad that you could be arrested for something you’re not aware has anything to do with gang activity." It is likely that the decision on the constitutionality of the law will be left to the higher courts.

Freedom of Assembly

Chapter 874 of the Florida State Statues, Street Terrorism Enforcement and Prevention regulates gang activity. Florida Statute § 874.02 states the finding and intent of this chapter. The legislature makes note of the constitutionally protected right to freedom of association and expression. This includes the right to lawfully associate with others who share similar beliefs. However, the state legislature has a compelling state interest in preventing gang activity to maintain public order and safety. "It is the intent of the Legislature to outlaw certain conduct associated with the existence and proliferation of criminal gangs, provide enhanced criminal penalties, and eliminate the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment."

Although there is a right to associate, the Legislature has limited this right in the context of gang activity. Therefore, there are two elements that the state would have to show to limit one’s constitutional right to freedom of association. First, is that those people who the individual is associating with are in a gang. Second, the individual is associating with them as a gang member. The legislature has provided definitions to these concepts in Florida Statue § 874.03.

Limitations on association with criminal gangs include electronic communication. This type of communication is considered a third degree felony under Florida Statute § 874.11. This statute not only limits the constitutionally protected right to freedom of association, but it also limits the first amendment right of freedom of speech. Again, this freedom can be limited because of the state’s compelling interest in preventing gang activity to maintain public order and safety. The broad language of this statute includes posting audio, video or still images which furthers the interest of a criminal gang on the internet. This statute also applies to posting on the popular social networking Web sites such as Facebook and MySpace. The statute also places a limit on transmitting, distributing and selling electronically any audio, video or still image of criminal activity. Again, the associated group who’s interests are being furthered must be considered a criminal gang otherwise there is no crime, and the individual is exercising their right to freedom of association. Certainly the legislature’s attack on criminal gang activity poses the risk of restraining legitimate activities of these people. Hand signs, dress styles, and tattoos all have an element of interpretation. The use of informants acknowledges the difficulty of penetrating gangs while simultaneously conjuring images of nefarious actors targeting individuals as gang members for the informant’s own interests. We expect these and many other issues to be aired out in Court as challenges are brought questioning the statute’s constitutionality. See article links for defenses of some of the first arrests made under the Statute. The communication must intimidate or harass others or be used as a means of advertising.

Criminal Gang

Florida statute §874.03(1) defines a criminal gang: "Criminal gang means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups."

The section parsed requires that the following requirements must be met:

Formal/Informal organization, association of group
Primary activities are the commission of criminal or delinquent acts. This does not have to be most important part of the group, but just that a substantial amount of time is spent on it.
There must be at least three people.
The member must have something in common such as common name, identifying signs, colors, symbols.

Gang Members

The Florida Statute § 874.03(2) states that a person is held as associating with a gang member when they either admit to that association, or the court establishes them as a member of the gang. Florida Statute § 874.03(3) lists the requirements which are needed for a person to be considered a gang member. At least two of the listed criteria must be meet before the person can be held as a gang member. The criteria listed include the following:

(a) Admits to criminal gang membership.
(b) Is identified as a criminal gang member by a parent or guardian.
(c) Is identified as a criminal gang member by a documented reliable informant.
(d) Adopts the style of dress of a criminal gang.
(e) Adopts the use of a hand sign identified as used by a criminal gang.
(f) Has a tattoo identified as used by a criminal gang.
(g) Associates with one or more known criminal gang members.
(h) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information.
(i) Is identified as a criminal gang member by physical evidence.
(j) Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings.
(k) Has authored any communication indicating responsibility for the commission of any crime by the criminal gang. Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of the statute.

Electronic Communications

When the presence of a gang is established through the statutory definition, there is no protected to right to associate with members of the gang in their criminal capacity. The legislature limits this type of association specifically in the statute against electronic communication.
Florida Statute § 874.11 "Electronic communication.--Any person who, for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, uses electronic communication to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, such activities as distributing, selling, transmitting, or posting on the Internet any audio, video, or still image of criminal activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

originally blogged 8/7/9

http://blogs.miaminewtimes.com/riptide/2009/08/two_florida_men_face_five_year.php

http://www.tcpalm.com/news/2009/jul/30/busted-myspace-2-fl-men-face-charges-over-gang-pho/?feedback=1

Clerical Errors in the Court System

2009-08-21T09:11:00.000-07:00

The criminal justice system wouldn’t be able to function without paper. All the way from arrest to sentencing, there is some piece of paper documenting everything that happens in a criminal case. As you can imagine, an incredible amount of filing documents occurs day in and day out and mistakes are made. Papers are filed in the wrong place or altogether lost by the police, the Clerk of Courts, or the prosecutor’s office.

Unfortunately, sometimes these mistakes can lead to someone getting arrested for no reason whatsoever - just because someone made a mistake. People can lose their jobs because of the mistaken arrest and suffer great emotional pain. One presumes when a mistake with such adverse consequences is made, you can seek redress with a lawsuit. However, filing suit under these circumstances is a bit different and much more challenging.

In order to sue the State of Florida or one of its entities (e.g. the Clerk’s Office or the State Attorney’s Office), the State must owe the victim an individual duty. Florida courts have stated, however, that the State’s duty to accurately maintain records is a general duty to the public and not individuals. Therefore, one who has been falsely arrested because of a clerical error is often left without a remedy.

Nevertheless, there are still some instances in which a mistake by those involved in the criminal justice system does create a specific duty to victims. If you find yourself in this sort of situation, call my office. Let us evaluate your claim and advise you of your rights.

State Of Florida Tough On Juvenile Offenders

2009-08-14T08:34:00.000-07:00

Juveniles in the State of Florida face some of the harshest sentences in the United States. Records show that Florida has handed out more life sentences to juveniles for non-murder crimes than have all other states combined. In a study conducted by Florida State University, 77 young men have been sentenced to life in prison, without parole, in Florida for non-homicide crimes when they were 17 years of age or younger. Six of those juveniles were 13 or 14 at the time of their crimes.

These sentencing trends have raised questions about cruelty and generated protests from human rights groups which argue that these sentences violate the ban on cruel and unusual punishment in the 8th Amendment to the Constitution.

Florida"e;s position on sentencing is currently before the U.S. Supreme Court in a case involving two men, ages 16 and 13 at the time of their crimes, who were sentenced to life without parole. Terrance Graham, was convicted after fleeing police after a home invasion robbery. He was on probation at the time for an armed robbery he committed when he was 16. Despite the recommendations of prosecutors for a sentence of 30 years, the judge, citing an escalating pattern of criminal conduct and the protection of the community, handed down the life sentence. The other party to the Supreme Court case involves a then 13 year old convicted after a one day trial of raping a 72 year old woman.

A wide array of groups including the American Bar Association and the American Psychiatric Association have filed briefs in the case which is using the 2005 U.S. Supreme Court ruling that the death penalty for juveniles was unconstitutional as the legal basis for this challenge.

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20090809/ARTICLE/908091068/2107/BUSINESS&Title=Florida justice Tough on youths&template=printart

http://sentencing.typepad.com/sentencing_law_and_policy/graham and sullivan eighth amendment cases/

http://eji.org/eji/childrenprison/deathinprison/sullivan

Driving Under The Influence Of Drugs Increasing Nationwide

2009-08-04T14:11:00.000-07:00

A recent report by the National Highway Traffic Safety Administration shows that the number of drunken driving arrests has been declining. Surveys show that in 2007, the number of drivers having a blood alcohol level of 0.08% or higher have declined to 2.2%. In 1973, the percentage of intoxicated drivers was 7.5%. Unfortunately, the number of drivers testing positive for drugs has increased. With 16% of drivers testing positive for drugs, law enforcement agencies are utilizing urine testing if drugs are suspected. In Hillsborough County, if a breath alcohol reading shows a result of .05% or lower, a urine test will be requested to test for the presence of drugs.
http://articles.moneycentral.msn.com/Insurance/InsureYourCar/more-stoners-on-roads-than-drunks.aspx?page=1

Was Dr. Gates’ Arrest Justified?

2009-08-03T16:14:00.000-07:00

Some people think that Professor Henry Louis Gates’ arrest was justified because of the way he responded to the police officers who arrived at his home to investigate a suspected burglary . These sorts of situations are nothing new. We all know somebody who has been arrested under suspect circumstances. However, when is an arrest unjustified in the eyes of the law?

According to the Fourth Amendment, a person can only be arrested if a law enforcement officer has probable cause to believe that an individual has committed a crime. Of course, this doesn’t clarify much at all because probable cause is a difficult concept to define. It is not a concrete idea, and its definition almost changes on a constant basis because no two situations are ever exactly the same. Nevertheless, the courts have generally defined probable cause as a reasonable ground of suspicion sufficient to warrant the cautious man to believe the accused is guilty of the offense. Now, you’re probably thinking that if Prof. Gates was arrested without probable cause his arrest is unjustified; therefore, he could sue the police for false arrest.

I’m saddened to say that is not the case. According to the current state of the law if a police officer is able to demonstrate he/she had arguable probable cause for an arrest, the accused does not have a false arrest claim against the officer. Taking into account this imprecise standard, it’s probably a safe bet to assume Dr. Gates will not be a successful plaintiff anytime soon.

Clearly, false arrests are difficult to understand. If you’re in the Tampa Bay area and believe you were falsely arrested, call my office so we can help you understand whether or not your civil rights have been violated.

www.flcourier.com/news/2009-07-31/Opinions/Gates_arrest_probably_justified.html

Jury Finds Federal Corrections Officer Guilty on Civil Rights Charges

2009-07-31T16:24:00.000-07:00

A federal jury has found Edwin Sharma, a former Bureau of Prisons officer, guilty of conspiring to violate the civil rights of Richard Delano, an inmate, and of violating his civil rights by arranging for another inmate to assault him. Sharma is now facing the possibility of life imprisonment on each of these charges and a $250,000 fine.

On March 1, 2005 Sharma and a co-conspirator moved Richard Delano into another inmate’s cell at Coleman Federal Correctional Complex. At trial, the evidence demonstrated that Sharma knew the inmate was likely to assault Delano and actually encouraged the inmate to assault Delano. On March 4th, the inmate assaulted Delano. This assault eventually led to the death of Delano because of the injuries he sustained during the assault.

http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/07-29-2009/0005068658&EDATE=

Traffic Citation in the Mail

2009-07-29T16:32:00.000-07:00

Over a dozen jurisdictions in Florida are placing cameras at intersections to catch people who are running through red lights or not making a complete stop before attempting a right hand turn during a red light. Violators who are caught by the camera receive their traffic citation in the mail, along with a picture of their vehicle taken during the violation. Fines for a person’s first two violations are $125 each. All violations after that are $250 each. Lakeland and Temple Terrace are among the cities with cameras in place.
http://www2.tbo.com/content/2009/jul/29/tickets-red-light-cameras-bring-delayed-lesson-law/news-metro/

The Baker Act: An Alternative for the Mentally Ill

2009-07-28T16:39:00.000-07:00

Under the Florida Mental Health Act, also known as the Baker Act, a person may be taken to a mental health facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as shown by recent behavior. A patient must be examined by a physician or clinical psychologist at the facility within the first 72 hours of arriving at the facility. On July 25, 2009, the University of South Florida gunman was Baker Acted and taken to Hillsborough County Crisis Center instead of jail. After an evaluation, a physician or clinical psychologists will make a determination whether the individual should remain in the facility to seek treatment or be transferred to jail.

http://www.examiner.com/x-7403-Tampa-Crime-Examiner~y2009m7d25-USF-Gunman-Baker-Acted

FBI to Oversee Sarasota Police Investigation

2009-07-27T16:43:00.000-07:00

The City of Sarasota Police Department asked the FBI to oversee its investigation into an incident involving one of its police officers and alleged excessive use of force. On June 26, Officer Christopher Childers arrested Juan G. Perez on charges of disorderly intoxication and obstructing an officer without violence. Upon arriving at the jail, Perez squeezed his way out of the squad car’s rear open window and landed face first on the pavement. A few minutes later, Perez attempted to stand up and Officer Childers kicked him two times and then stood with his foot on Perez’s torso for about five minutes. All of this occurred while Perez was still handcuffed.
The City of Sarasota asked for the FBI’s involvement after the Sarasota Herald-Tribune discovered that the detective investigating charges against Officer Childers also negotiated a civil settlement with Perez.

http://www.heraldtribune.com/article/20090715/ARTICLE/907151037/0/NEWSSITEMAP
http://www.heraldtribune.com/article/20090717/BREAKING/907179933/-1/NEWSSITEMAP

Upstanding Citizens Unknowingly Commit Federal Crimes

2009-07-23T16:47:00.000-07:00

On July 21, 2009, Representatives Louie Gohmert and Bobby Scott held a hearing in front of Congress to discuss the issue of Federal Laws that land thousands of average American citizens in federal prison every year. Federal Law now encompasses thousands of criminal offenses which are substantially less severe then those which include the obvious inherently wrongful conduct. Offenses such as forgetting to put a federally mandated safety sticker on a UPS package or violating any fish or wildlife law or regulation of any nation can land a person in federal prison even if he or she did not intend to commit the offense. Although it will take time, it is promising that Congress is taking a step to help stop this over criminalization.

http://www.foxnews.com/opinion/2009/07/21/heritage-house-law/

Michael Maddux, PA adds Hurricane Insurance Claim Representation

2009-07-16T06:11:00.000-07:00

Michael Maddux P.A. can help you negotiate through the insurance issues arising from Hurricane related litigation. See The Florida Hurricane Attorney

Now Michael Maddux, P.A. can help you with Hurricane Insurance Claim Representation, State Criminal Defense, FL Statute 3.850, State Criminal Defense Appeals, Federal Criminal Defense, D.U.I., Formal Review Hearings, Federal Criminal Defense Appeals, Juvenile Delinquency, Juvenile Delinquency Appeals, Juvenile Dependency, Juvenile Dependency Appeals, Personal Injury, Automobile Accidents, Motorcycle Accidents, Premise Liability, Wrongful Death and P.I.P. Litigation.

Uninsured Motorist Coverage

2009-07-09T17:51:00.000-07:00

Uninsured Motorist Coverage provides protection against two types of drivers, drivers who do not have insurance coverage and drivers who do not have enough insurance. These drivers are called uninsured and under insured motorist. This type of protection offers coverage in two situations. The first type applies to live-in relatives of the insured. The second type refers to those inside the car when the car of the insured is in a crash. In certain situations coverage may not be in effect if injury occurs when a person starts to walk away from the vehicle.

Why Did Michael Jackson’s Person Physical Hire An Attorney?

2009-07-02T13:14:00.000-07:00

With all of the media attention and controversy surrounding the death of Michael Jackson, his alleged use of prescription drugs and his personal physician, who was present at the time of his death, the fact that the physician has hired a criminal defense attorney to represent him during the investigation may lead many to believe he has something to hide. However, it is not an uncommon practice for individuals being questioned by police during an investigation to be represented by an attorney and, in this case especially, is a wise thing to do. Even if police do not consider a person a target of an investigation, that person has a right to have an attorney present to protect their rights as guaranteed by the United States Constitution. In cases such as this, where there are no clear answers as to what happened, it is even more important to hire a criminal defense attorney before being questioned by the police. This right is reinforced by Miranda v. Arizona wherein the government must advise any individual being questioned of their right to have an attorney present to protect your Fifth Amendment privilege against self incrimination and that any statements made by the individual, whether they are a suspect or simply a witness, can and will be used against them. Even if you know you are completely innocent, you do not want to be put in the position of saying something the police could potentially use against you during the investigation. Many people are intimidated by the police and their nervousness may cause them to say or do something that is misinterpreted by investigators. An attorney can guide the individual through the questioning process to ensure the person does not unwittingly incriminate themselves.

http://www.examiner.com/x-12971-Houston-Legal-Issues-Examiner~y2009m6d30-Why-does-Michael-Jacksons-personal-physician-need-a-criminal-defense-lawyer

New Seat Belt Law in Florida

2009-07-01T12:39:00.000-07:00

Starting June 30, 2009 law enforcement officers can stop you for the single offense of not wearing your seat belt. Officers no longer have to have another reason to stop a vehicle to issue a citation for a seat belt violation. Now, motorists can be ticketed if either they or their front seat passengers fail to wear their seat belt. All passengers under 18 years of age are also required to wear seat belts, regardless of where they are sitting in the vehicle. The penalty is a $30 fine plus administrative and court costs, which makes most tickets cost about $100, varying by county.

Disparity in Cocaine Sentences May Soon End

2009-07-01T12:33:00.000-07:00

President Obama recently voiced his desire to change federal law concerning the sentencing disparity between crack and powder cocaine crimes. Under current federal law, it takes five-hundred grams of powder cocaine to receive a five-year mandatory minimum sentence. On the contrary, it only takes five grams of crack cocaine to receive that same sentence. Interestingly enough, 9/10 of crack cocaine arrests are of African Americans, while 3/4 of powder cocaine arrests are of white people. Changes in sentences will hopefully end this example of institutionalized racism in the criminal justice system.

Investigation Continues into Miami Beach Police Tourist Shooting

2009-06-30T16:28:00.000-07:00

On June 14, a Virginia man was shot and killed by police officers in Miami Beach. Prior to this unfortunate incident, Husien Shehada was at a nightclub with friends and family. After returning to their hotel at about 4:30 a.m., Shehada and his brother decided to go back out. While walking down the street, police received calls informing them that it appeared Shehada and his brother were carrying firearms. When police arrived on the scene they ordered the two men to stop and put and their hands up. Immediately thereafter, police shot and killed Shehada. His brother claims they both stopped, but police state otherwise. An investigation has been launched to determine whether this shooting was justified. I’ll keep a close eye on this one as the investigation progresses.

US Supreme Court Strengthens Sixth Amendment Rights

2009-06-26T12:20:00.000-07:00

On June 25, 2009 the US Supreme Court released an opinion which strengthens our Sixth Amendment rights. The Sixth Amendment states that the accused have a right to confront witnesses brought against them. Building on Crawford v. Washington, the Court in Melendez-Diaz v. Massachusetts held that forensic lab analysts who perform tests on suspected drugs must testify in person to allow for cross-examination. Prior to this decision, some states wouldn’t allow lab analysts to testify in court and simply used a signed, notarized copy of their reports to be submitted into evidence without undergoing cross-examination.
This decision is of great importance because it ensures that the accused are able to confront all witnesses brought against them. The Court recognized the value of distilling the truth in the crucible of cross-examination. Further, the ruling gives defense attorneys greater procedural leverage in plea negotiations. Defense attorneys have a new tool to use when representing their clients.

US Supreme Court Strengthens 6th Amendment Rights

Crist Vetoes Insurance Legislation

2009-06-25T07:16:00.000-07:00

Governor Crist just put great hindrance on large property insurance companies wanting to write policies in Florida, on Wednesday. Crist vetoed a bill that would have encouraged these insurance companies to insure property owners in Florida. The legislation would have relaxed the current regulations and allowed the big insurance companies to increase policy premiums. Christ’s has stated that he vetoed the bill to keep insurance rates affordable for Floridians.

Florida Crack Down On Illegal Prescription Drug Market

2009-06-23T04:42:00.000-07:00

Florida will no longer be one of twelve states without a prescription-monitoring program. Governor Charlie Crist signed a legislation that will require pharmacists and doctors to record patient prescriptions for most drugs in a state-controlled database. Pain clinics will now be required to register with the state Department of Health, and will also have to undergo annual inspections. This new law will help authorities locate individuals who go to multiple doctors in an attempt to get illegal amounts of pills. Prior to this legislation, Florida attracted many drug addicts and dealers looking for large amounts of painkillers because there was little oversight of doctors providing these prescriptions.

With new law, Florida can crack down on illegal prescription drug market

New DNA Law Affects Anyone Charged With Felony

2009-06-18T06:11:00.000-07:00

On June 16, 2009, Gov. Charlie Crist signed a new Florida law that allows police to take a DNA sample, such as a mouth swab, from every individual charged with a felony. The new law will allow the state to add the sample to a state database even if the charge is ultimately dismissed. Under current law, DNA samples can only be taken after a conviction of a felony or specified misdemeanors. The new law will be phased in over the next 10 years. The ACLU may challenge the new law as government expands its intrusions into “the people.”

Florida Confidential Informants "Pulling a Jeremy"

2009-03-28T07:12:00.000-07:00

There are notable cases when defense attorneys have had their clients released from jail to act as a confidential informant (C.I.) . This practice is sometimes called "pulling a Jeremy." Named for the confidential informant's code name that led to the eventual capture of President Manuel Noriega. There is often "bad press" surrounding this practice since it is understood that the C.I. will resume illegal activity in order to fit back into their gang, "family" or group.

Talk to a lawyer before making a deal. Call 888-703-2253 and speak to Board Certified Criminal Trial Lawyer Michael P. Maddux of Tampa Florida.

Tampa Florida Attorneys or Lawyers for Snitches

2009-03-27T06:55:00.000-07:00

As a result of the recent murder of a nonviolent offender who was cooperating with police, Florida may now impose strict standards on the use of confidential informants. They may now have the right to talk to an attorney before agreeing to help police. Unfortunately for those under pressure by law enforcement, they would not be allowed into drug treatment programs. Beyond that the proposal would prevent any nonviolent offender from participating in an undercover operation involving weapons or suspects with violent criminal records. There is no requirement for prosecutors to approve the use of an informant.

Board Certified Criminal Trial Lawyer Michael P. Maddux of Tampa Florida is available to help in these scenarios. Call 888-703-2253 Now!

Tampa Florida Attorney Confidential Informant

Voices That Speak To Prosecutors

2009-03-24T09:36:00.000-07:00

Excessive influence over a prosecution can be exerted by victims.

Every day in our criminal courts, prosecutors and defense attorneys battle over the merits of charges, the admissibility of evidence, the proper sentences for offenses, and ultimately about the true meaning of different people’s actions. In addition to the lawyers and the judge, the parties that influence cases are law enforcement officers, victims, witnesses, and politicians.

Victims have the right to be heard as enshrined Florida’s constitution in Article 1, Section 16(b). Florida Statutes, Section 960.0021 specifies many of these rights which include the right to be heard at all crucial stages of criminal proceedings and to consult with the state attorney’s office.

Many times victims who have been stripped of their dignity feel empowered through participation. Similarly, victims can exert excessive influence over a prosecution. When they do the symptoms can be the filing of questionable charges and requests for excessive sanctions.

Defense attorneys strive to provide alternative views of the case. In doing so they challenge the voices that normally garner a prosecutor’s attention. Sometimes these challenges are perceived as hostile by victims who are already raw from the process. This can make for intense dialogue during negotiation and sentencing. Sometimes prosecutors decide not to handle the responsibility of a key decision in a case and they defer to the judge to do the "heavy lifting."

The Supreme Court stated in Imbler v. Pachtman, 424 U.S. 409, 431 (1975) that "we recognize that the duties of the prosecutor in his role as advocate for the State involve actions preliminary to the initiation of a prosecution and actions apart from the courtroom. A prosecuting attorney is required constantly, in the course of his duty as such, to make decisions on a wide variety of sensitive issues. These include questions of whether to present a case to a grand jury, whether to file an information, whether and when to prosecute, whether to dismiss an indictment against particular defendants, which witnesses to call, and what other evidence to present. Preparation, both for the initiation of the criminal process and for a trial, may require the obtaining, reviewing, and evaluating of evidence. At some point, and with respect to some decisions, the prosecutor no doubt functions as an administrator rather than as an officer of the court. Drawing a proper line between these functions may present difficult questions . . ."

No doubt prosecutors face many difficult questions. This brief article does not even address a whole host of other critical issues prosecutors face like how to deal with exculpatory evidence, making proper closing arguments, the burden of proof, and presenting satisfactory statistics for politicians with budget money, among others.

Ultimately, the purpose of this rambling vignette is to acknowledge the difficult job of prosecutors. They have many voices clamoring for their attention.

Juvenile Rights v. Rehabilitation

2009-02-24T09:42:00.000-08:00

Concerns in Juvenile Intake

"The ‘rehabilitative model’ often results in harsher punishments for the honest juvenile and easier punishments for the dishonest and experienced juvenile."

This article continues a series of articles examining issues in juvenile justice and will discuss: 1) Juvenile Assessment Center ("JAC") procedures for obtaining urine samples; 2) consents for psycho-social assessments and urine samples; and, 3) exposure to excessive punishment for a charge based upon the amount of information a juvenile discloses to the case manager.

First, the obtaining of urine samples for drug tests and the Agency for Community Treatment Services ("ACTS") policy behind such tests pose serious threats to juvenile rights. ACTS management requires case managers to maintain high numbers of urine samples because the facility receives grant money for each sample. This grant money provides a major source of funding for the JAC. A case manager may obtain questionable consent by not informing a juvenile that he has an option to decline to submit a urine sample. In addition, the procedures for obtaining a urine sample from a juvenile appear not conform to the standards set forth by the F.D.L.E. State of Florida v. Bodden, 27 Fla. L. Weekly D 2382 (2nd DCA 2002) is analogous. Bodden dealt with the method of administration and analysis of a urine test in a DUI case. The court held urine tests for the presence of chemical or controlled substances must be performed according to the methods approved by the F.D.L.E and in accordance with the Florida Administrative Procedures Act. Protocol in JAC procedures may pose problems with the admissibility of such evidence in court.

Second, the juvenile’s parent(s) are not present for the psycho-social assessment or the juvenile’s consent to the assessment and urine sample. The parents are typically unaware of the intake procedures until meeting with the case manager after the proceedings are complete. The juvenile typically consents to intake proceedings and waives counsel because she is scared, confused, or has no one to advise her that it may be in her best interest to decline.

Lastly, the information gathered by a case manager during intake proceedings gives them wide-range discretion when making a recommendation for a diversion program. The "rehabilitative model" often results in harsher punishments for an honest juvenile and easier punishment for the dishonest and experienced juvenile. Based on information disclosed by the juvenile in intake proceedings, a first time offender charged with petit theft can be placed in an intensive diversion program such as Intensive Delinquency Diversion Services or Juvenile Drug Court (see last article for description). However, if a juvenile charged with petit theft admits to drug use, the case manager might recommend Juvenile Drug Court requiring the juvenile to submit urine samples twice a week for a year. The problem with these recommendations is that juveniles who lie or make no lifestyle admissions have the potential to receive much easier diversion programs than those who are honest and admit substance abuse, school, or family issues.

In conclusion, this article attempts to describe the JAC intake process and unveil a few concerns with this contact. Lawyers should continue to question the practices, procedures, and diversion recommendations of this facility.

Long-term Impacts On Criminal Convictions

2009-02-24T09:33:00.000-08:00

Losing parental rights is a significant impact resulting from a criminal conviction, even while it is a collateral consequence of the conviction.

Everyone knows that a prison sentence entails much more than simply serving the time. A convicted felon will be reminded of his mistake for the rest of his life. Whether it be obtaining employment, registering to vote, or applying for a driver’s license; there are many different ways a convicted felon is reminded of when she broke the law. A recent Florida Supreme Court decision reminds us how a conviction can also terminate parental rights.

B.C. v. Florida Department of Children and Families, 29 Fla. L. Weekly S 508 (2004) involved the termination of parental rights of a father serving a prison sentence. Section 39.806(1)(d)(1), Florida Statutes (2003) states that, "The department may petition for the termination of parental rights when the parent of a child is incarcerated in a state or federal correctional institution and the period of time for which the parent is expected to be incarcerated will constitute a substantial portion of the period of time before the child will attain the age of 18 years." Attorneys, especially those practicing dependency law, are very familiar with this statute section. However, the issue in B.C. was whether "substantial portion" was to be weighed against the entire period of incarceration, or if the language pertained to only the remaining time to be served after the petition for termination is filed.

First, the court considered how much time constitutes a "substantial portion of the time before the child reaches 18." The father in B.C. had approximately four years left to serve in his seven year seven month prison sentence. The father’s four-year old child had fourteen years remaining until reaching the age of majority. The Florida Supreme Court agreed with the trial court and concluded that, "the four years remaining in the father’s sentence was not a substantial portion of the remaining fourteen-year minority of the child." Id. at 511.

If the court considered the entire period of incarceration, the father in B.C. would have his parental rights terminated because his total sentence was more than 50% of the remaining fourteen-year minority, which would be considered a substantial portion. However, in this same situation, if the court considered the time remaining on the prison sentence, this same individual will be able to remain a father when he completes his prison sentence. B.C. held that the period of incarceration remaining after the petition is filed is the appropriate standard. Id. at 509. Applying this rationale, B.C. concluded that before parental rights may be terminated, "the trial court must find by clear and convincing evidence that the time remaining in the parent’s incarceration constitutes a substantial portion of the time remaining before the child or children attain the age of eighteen years." Id. at 511.

Why is B.C. beneficial to a defense attorney? If you represent a parent in a criminal case, you may have to advise her of the long-term impacts a conviction may have on her future. It is crucial to be aware of B.C. because accepting a plea of X years may result in the termination of parental rights. While a collateral consequence of the conviction, losing parental rights is still a significant impact resulting from a criminal conviction.

B.C. is a constant reminder of the long-range impacts of criminal convictions. Attorneys who inform their clients of all possible negative impacts from a conviction are providing the highest quality legal services.

Restitution In Criminal Cases

2009-01-24T09:23:00.000-08:00

If your holiday season always seems to go by too fast, like ours do. Just a few of the activities common to the holiday are spending time with loved ones, relaxing away from the work environment, and breaking out the winter clothes. Also on this list, of course, is gift giving. With the hustle and bustle past, chances are you have a reminder of the holidays in the form of one or more credit card bills. Now that all of your creditors are looking for your restitution, what better topic to discuss than restitution in criminal cases.

There are numerous issues in proving restitution in a criminal case. Florida law provides that "in addition to any criminal punishment imposed, the court shall order the defendant to make restitution to the victim for (1) damage or loss related to the defendant’s criminal episode, unless it finds clear and compelling reasons not to order such restitution; and (2) damage or loss caused directly or indirectly by the defendant’s offense." Although restitution can be an available option, it must first be proven by the state.

The state must satisfy two tests before restitution can be imposed on a criminal defendant. In Schuette v. State, 822 So.2d 1275 (Fla. 2002), the Florida supreme court established both the causal relationship test and the significant relationship test.

Schuette explained that, "To compel a defendant to pay restitution, the State has the burden of establishing causation, as well as the burden of demonstrating the amount of loss sustained by the victim as a result of the offense. Further, the State must establish both causation and the amount of loss or damages by a preponderance of the evidence." Id. at 1278-1279. If the causal relationship test is satisfied, the state must then prove the significant relationship test before restitution can be awarded.

The significant relationship test involves the state proving that the defendant’s conduct was the proximate cause of the particular harm. Schuette pointed out that, "The victim should be entitled to recover damages through criminal restitution if the causal connection between the criminal offense and the damage is comparable to that proximate causation which would allow the victim to relate comparable damages to a wrongful act in tort." Id. at 1282. Thus, the act committed by the defendant must be reasonably foreseeable to result in the type of harm sustained by the victim.

In Molter v. State, 29 Fla. L. Weekly D 2590 (2nd DCA Nov. 17, 2004), the court analyzes several aspects of restitution. First, an objection as to the amount of restitution mandates a hearing on the issue. Second, a prosecutor’s unsworn assertions about the total value of items is not evidence and can not be used to establish value. Instead, there must be record evidence sufficient to support the state’s preponderance burden. Finally, since restitution serves as a form of rehabilitation, deterrence, and retribution and is not just for compensation, fair market value may not always be adequate. In this case, the trial court had assessed family heirlooms at higher than market value.

Restitution is not awarded simply because the defendant is convicted of a qualifying offense. The state must first prove that restitution is appropriate. If restitution is requested from the state, it is the job of the defense attorney to protect the financial interests of the defendant by demanding proper record proof of the causal relationship and the significant relationship tests.

Statement Of Clients's Rights For Contingency Fee Arrangements

2009-01-14T09:14:00.000-08:00

Make sure that before you, the prospective client, arrange a contingent fee agreement with any lawyer, you understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of your rights:

1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with 1 lawyer you may talk with other lawyers.

2. Any contingent fee contract must be in writing and you have 3 business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within 3 business days of signing the contract. If you withdraw from the contract within the first 3 business days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the 3-day period, you may have to pay a fee for work the lawyer has done.

3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training, and experience. If you ask, the lawyer should tell you specifically about the lawyer’s actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.

Michael Maddux, P.A. can help you!

2009-01-02T08:22:00.000-08:00

Michael Maddux, P.A. can help you State Criminal Defense, FL Statute 3.850, State Criminal Defense Appeals, Federal Criminal Defense, D.U.I., Formal Review Hearings, Federal Criminal Defense Appeals, Juvenile Delinquency, Juvenile
Delinquency Appeals, Juvenile Dependency, Juvenile Dependency Appeals,
Personal Injury, Automobile Accidents, Motorcycle Accidents, Premise
Liability, Wrongful Death, P.I.P. Litigation