No Miranda - No Problem says Supreme Court

No Miranda - No Problem

Brutal SCOTUS decision which holds a suspect’s pre-arrest, pre-Miranda silence can be used against him unless the suspect affirmatively invokes his right to remain silent.

The Court found no fault with police inquisition in this very serious and sad case.

http://www.supremecourt.gov/opinions/12pdf/12-246_7l48.pdf

Florida Prison Death Statistics Now Readily Available

Florida Prison Death Statistics Now Readily Available

Prison Death Statistics 

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

Secretary Mike Crews claims: 

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

Florida Department of Corrections

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

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

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

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

Sources:

http://www.tampabay.com/news/publicsafety/crime/florida-prison-system-under-fire-releases-data-on-inmate-deaths/2196917 

http://dc.state.fl.us/secretary/press/2014/09-09-Mortality.html

False Arrest Claims under 42 USC § 1983 - False Arrest Claims under Florida Law - Juvenile Falsely Arrested in Clay County

How do you prove a claim of False Arrest in Florida?

How do you prove a claim of False Arrest in Florida?

An innocent juvenile spent 35 days in the Clay County Jail after three deputies failed check that they had the correct suspect based on a photo lineup. The correct suspect was another student at the high school with the same name. The three deputies involved have been disciplined.  According to published reports, "The mistake wasn't discovered until the teen received court documents detailing the charges against him." Reports also indicate, "Authorities say investigators failed to confirm their suspect's identity with a photo lineup. They actually had been seeking another student at the same high school with the same name."

False Arrest Claims under 42 USC § 1983

The University of Chicago Law review notes, "Under § 1983, citizens may seek redress for violations of their constitutional rights by state or local officials,9 including police officers. The statute guarantees that “[e]very person who, under color of any statute, ordinance, regulation, custom or usage, of any State or

Territory . . . subjects . . . any . . . person . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.” A § 1983 action has two essential elements: that the alleged injury was committed by a person acting under color of state law, and that this conduct deprived the person of a right “secured by the Constitution and the laws” of the United States."

False Arrest Claims under Florida Law

The University of Chicago Law review also notes "the only difference between the federal § 1983 claim and the pendent state claim was the placement of the burden of proof—under Florida law, probable cause was an affirmative defense, while in the Eleventh Circuit, the “plaintiffs had the burden of demonstrating the absence of probable cause in order to succeed in their § 1983 claim.”"

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

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

Source: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/73.1/73_1_Newman.pdf

Mugged by Mugshots No More - Update - Mugshot Websites Under Fire in Florida.

Mugged by Mugshots No More - Update

UPDATE - February 20, 2014 - Florida is considering action in this area but Kentucky passed two bills to help people put their criminal records behind them. The new law would make it a felony to publish someone's jail mugshot to a website and then demand money for the photo's removal.

Pinellas Sheriff Bob Gualtiere could not have said it better when he equated web site postings of mug shots and then the charge of a removal fee as extortion.  Sites like www.mugshots.com have proliferated with an extortionist entrepreneurial spirit.  These sites feed on peoples’ misery whether deserved or not and spackle images of people’s lowest moments, their arrests, all over the internet for crude entertainment.  

The sheriff recognized that this legitimate public information, photographs and information about folks booked at the jail was being exploited for non-public use in a mean spirited, financially exploitive manner.  As the link below reflects he is taking steps to limit abuse.  Most of the time my office speaks out regarding law enforcement we do so to point out abuse and mistakes.  

It is most enjoyable to see this sheriff serving the public’s broad interests through such a thoughtful change.  Keep up the good work Sheriff Gualtiere.

http://tbo.com/pinellas-county/pinellas-sheriff-targeting-websites-limits-access-to-mug-shots-20140109/

 

Top Three Things That Anger Florida Prosecutors

Top Three Things That Anger Prosecutors

Top Three Things That Anger Prosecutors

Prosecutors have great discretion when it comes to filing, adding, reducing, or even dismissing criminal charges. This prosecutorial discretion gives prosecutors the ability to negotiate with a vast amount of tools.  The negotiated plea offer therefore is one of the most prevalent and important tools to the State. We know that a defendant never wants a prosecutor to begin negotiations with “We want the maximum sentence!” So here is a list of the top three things that anger prosecutors and what we can do to help:

1. Serious Charge

The defendant who is charged with a “serious” offense starts off on the wrong side of the prosecutor.  Most notably, cases that involve minors as victims, death or serious bodily injury to others, and high levels of fraud or theft have prosecutors seeing red! Because of the serious nature of these charges prosecutors will often typecast a defendant and ignore anything remotely positive or good about them.  

What we can do

Our firm always approaches each case with great attention to detail. We will always look for ways to dismiss the charges. Grounds for dismissal can include: the statute of limitations, immunity, double jeopardy, and the State cannot prove the elements necessary to sustain a charge.

If the charges cannot be dismissed our firm will look for ways the charge can be reduced to a lesser included offense through negotiations. If negotiations fail our firm will be ready to fight for you at trial with various trial defenses and strategies.

2. New Charges while a case is pending

No matter the severity of a crime, prosecutors get downright Hulk like if a defendant is charged with a new crime when they are currently on pre-trial release awaiting the resolution of a pending case. Prosecutors have the ability to file a motion to revoke bond and will usually increase any previous offer because of the new charges.

What we can do

It is possible to do a motion to set bond and argue that the new arrest was improper. Even if bond is denied our firm will evaluate all potential defenses to see if the new case can be dismissed. We may also negotiate a wrap offer with the State that may take into account all the charges so that the defendant does not get hit with multiple sentences.

3. Failures to Appear

There have been times when I have shown up to court but my client did not. This relatively minor act makes prosecutors blood boil. Prosecutors can charge the defendant with a separate crime of “Failure to Appear” and will undoubtedly use the threat of filing additional charges as a way to harden any current offer. So an initial offer of 12 months probation could turn into 20 days in county jail followed by 12 months probation. If you have multiple failures to appear you can be sure the prosecutor will enter into a mad frenzy. (Prosecutor Smash!)

What we can do

Failures to appear can often be the result of bad luck, such as a car breaking down on the way to court. Our firm can stand up for you in court and explain how your absence was not intentional or willful.  If the judge issues a warrant for your arrest, a capias, we can file a motion to withdraw the warrant in order for you to avoid a subsequent arrest.

Call us so we can begin helping you today.

Authored by: Robson Powers, Esquire