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.

Drive-By Tasering Results in Teen Death

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

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

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

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

Investigation Continues into Miami Beach Police Tourist Shooting

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.

Statement Of Clients's Rights For Contingency Fee Arrangements

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.