Tampa Bay Criminal Defense Lawyer Blog

July 22, 2013

What You Should Know before Filing a Personal Injury Claim

Noah Kovacs has over ten years of experience in the legal field. He has since retired early and enjoys blogging about small business law, legal marketing, and everything in between. He recently purchased his first cabin and spends his free time remodeling its kitchen for his family. Twitter: @NoahKovacs

A guest blogger who gives useful tips in what to expect if you need to file a personal injury claim…

Going to court or being involved in a lawsuit is not the place most people want to find themselves, especially after they’ve been injured. However, if you’ve been injured on the job, involved in a car accident, or otherwise experienced bodily or emotional harm due to another person’s actions, you may be entitled to monetary damages through a personal injury claim, but before you file a claim there are a few things you’ll want to consider.

Time Limits

Often called the statute of limitations or periods of prescription every personal injury case has a time limit. If you don’t file by the deadline then you’ll miss your opportunity to seek compensation for damages. To ensure this doesn’t happen to you make sure you seek legal consul from a qualified litigation law firm immediately following any personal injury event. Florida has a four year statute of limitations claims on most injuries so make sure you consult with an experienced Florida personal injury lawyer soon after your injury.

Experience Matters

Like everything in life experience matters. To give your case the best chance of winning you’ll want to hire the most experienced attorney you can. Chances are good that if you’re going up against a corporation or a wealthy individual you’ll be facing an entire team of experienced lawyers. Take special consideration to hire an attorney with experience in the specific field of your case (traffic accident injuries, slip and fall claims, etc.).

No Up-Front Payments

It is common practice for personal injury lawyers to require payment only after a case has been successfully won. Typically this comes in the form of a standard fee plus a percentage of the financial compensation (33-40%).

Commitment

The majority of personal injury lawsuits can take anywhere between 2 – 3 years or longer to complete so you need to be ready to commit a large portion of your time and life to winning your case. If you’re not ready to commit to the case, don’t file it until you are.

Hidden Secrets

The opposing side’s legal team will spy on you, it’s their job. They’ll be looking for any incriminating evidence that they can use against you to prove your claim is without merit, or wrong. Any hidden secrets you have whether personal or professional may be discovered and disclosed in the court of law. If you’re not willing to endure this, it may be in your best interest not file a claim.
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July 18, 2013

Traveling in the UK with a Criminal History

by Blake & Dorsten, P.A.

With the pending “Royal Birth” craze there has been an increase in travel to England. A guest blog post today in which the author gives useful tips on how to travel in Europe if you have a criminal record.

How Countries Ascertain Past Crimes and Offenses

While it is obvious that no country welcomes criminals or those with criminal records. It is also important to note that the amount of criminal history and the passage of time that took place since the crime was committed are some considerations that each country takes note in determining whether to allow a tourist to visit.

Every country has unique legislative provisions that govern both travel and immigration, and the question is, how does one learn each country’s requirements? Many countries have had information related to the above in the following:

-The embassies, High Commissions and consulates.

-Various relevant immigration agencies’ websites
-The given relevant laws regarding immigration.

Factors Considered in Determining Past Criminal Convictions

There are a number of issues considered in a determination of the travel status for those with a criminal history. These factors vary depending on the country where one with such record intends to visit. The following are the general considerations:

1. Nature of the crime.

It has to be determined whether the crime was a crime of violence or a repeated criminal conviction. In most cases, those convicted of a violent crime or multiple crimes of a similar nature (such as petit theft, battery or drug charges) won’t be allowed to travel or visit England. In fairness, their own countries often won’t allow these criminals to travel to other countries. This is because in many European countries they are considered dangerous individuals who must be closely monitored by the criminal departments (such as probation).

2. Period of conviction.

It has to be determined how old the conviction is. The United Kingdom and some of her colonies has what is called “Spent” convictions. In England, a conviction is considered spent if it is more than 10 years since one was imprisoned, as the person is considered rehabilitated.

3. This prison times must have been within a period of 6 to 30 months (or less) to be considered as “spent”. However any conviction where the Defendant was sentenced to more than 30 months incarceration cannot ever be considered spent and would always count against the individual trying to visit England.

4. England tends not to be concerned about petty offenses (such as resisting arrest without violence or a driving while license is suspended charge). This is because there government believes minor offenses are normally corrected through a rehabilitation processes.

5. Where the crime had been committed. Criminal offenses which were committed in destination countries counts more than those committed in the outside country.

Issues to Consider Before Travelling with a Criminal History.

To avoid rejection of your travel application to the UK, it is important that the following information is followed:

1. Secure an interview with the British consulate to determine their view of the nature of the criminal charges and subsequent conviction.

2. Follow all provided UK travel policies to the letter (including the establishment of “spent” convictions) according to the UK provisions.

3. Establish your UK visa status, whether one is a visa or a non-visa national. There are different requirements for these two categories of travelers, but other factors must be also looked as a whole and not in isolation.

4. It is important ascertain the nature of the travel and subsequent requirements. This can be established from agencies like the UKBA which is responsible for visas, work permits, asylum requests, UK citizenship, among other things. It is advisable to use the ukba phone number or general email addresses for contact in case there is a specific questionthat needs an urgent response. regarding immigration matters.
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July 11, 2013

Aaron Hernandez sued for Florida nightclub shooting

by Blake & Dorsten, P.A.

The Aaron Hernandez murder investigation has taken a turn for the more bizarre. Per the ABA journal, he is now getting sued for an earlier shooting of a man near a south Florida nightclub.

As the country now knows, Aaron Hernandez was charged with first-degree murder in Massachusetts. His friend and semi-pro football player Odin Lloyd’s body was found shot in a park less then a mile from Hernandez’s home. The evidence seems strong. Hernandez refused to cooperate with the police and destroyed his cell phone as well as several minutes of security footage in his home. However, surveillance cameras outside the park shows a his SUV enter the area shortly before gunfire was heard. The SUV was a rental, rented by a friend of Aarons and when it was returned a ’45 caliber gun casing was found, the same caliber as what killed Odin Lloyd. Hernandez was seen at home with a handgun. The deceased had previously texted his girlfriend letting her know that he was with the now ex-NFL tight end and that he felt worried. Most damning of all? A piece of bubble gum and another ’45 casing was found near the body. This same brand and flavor of bubblegum (a very unusual one) was purchased by the defendant earlier that day!

It gets weirder. Now, police have found more evidence linking Hernandez to the previous killings of two men in a Boston drive-by shooting in Boston over a year ago. There is suspicion that Odin Lloyd was killed because he was seen by Hernandez talking with guys at a nightclub who knew the Boston shooting victims.

Not Smiling Now

Within hours of his arrest, Hernandez was cut by the Patriots. He is still being held in jail without bond, something his criminal defense lawyer disagrees with.

“There is no eyewitness testimony,” said his lawyer, at a Massachusetts court hearing last week as he unsuccessfully argued for $250,000 bond. “There has been no indications of any direct evidence as to who shot the decedent, who was present when the decedent was shot, whether there was a plan to kill the decedent, and any other indication that if there was such a plan, Mr. Hernandez was part of it.”

As if he does not have enough headaches to worry about, Hernandez has been sued by a personal injury attorney in federal court June 13. The New York lawyer claims that his client, Alexander Bradley, was shot by the murder defendant. On February 13, Bradley was shot in the face while in a vehicle with the suspect and two other men after a night at a South Florida strip club. The Plaintiff, who is seeking $100,000 for injuries, was found in an industrial park by the club, severely injured.

The personal injury attorney admitted to USA Today of his surprise with the defendant’s arrest.

“You can’t make this stuff up. When I filed this simple lawsuit for Mr. Bradley’s injuries, the last thing I expected was they would find a dead body near his house and he’d be under investigation to two other dead bodies”. “That’s not what I expected when we filed our simple lawsuit.”
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July 2, 2013

Two Florida sisters, One car, Two DUI arrests

by Blake & Dorsten, P.A.

From a Key West, Florida blogspot, two Florida sisters were arrested for a DUI when they both drove the car a short distance…

The two Miami sisters were seen by a sheriff’s deputy driving a Volkswagon on a highway late at night. The Deputy noticed some possible clues that the owner was “Driving Under the influence“. Signs such as sudden braking, swerving and unexplained speeding/slowing down made the sheriff suspicious.

After the Deputy turned on his lights and siren, the Volkswagon made a sudden stop in traffic. It was then that he noticed the passenger and driver switch seats.

After another Deputy arrived for back up, both girls, 18-year-old Steffany and 24-year-old Vanessa performed “field sobriety exercises”. Per the Sheriff’s report, both defendants performed poorly and they both smelled of alcohol and looked visibly impaired.

Both sisters were charged because both girls were behind the wheel of the car, in actual physical control, with keys in the ignition at some point. At the time of this writing, the sister’s Florida DUI defense lawyer was unavailable for comment.

LEGAL ANALYSIS

As had been mentioned previously, the most misunderstood facet of DUI defense may be APC or “actual physical control”. The definition of APC is as follows (taken directly from an old Florida DUI jury sheet.

“Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time”.

The problem with that definition is that how do you determine if you have the capability to operate a vehicle? Have keys in your pocket while you sleep in the driver seat? Most people would think that you would not be able to operate the vehicle because (1) you are sleeping and (2) the keys are not in the ignition. Most people would be wrong! People have been convicted of DUI from that exact scenario.

What about this fact pattern? A man, previously convicted of DUI on multiple occasions being found in his car, keys in the ignition and his breathalyzer in his car telling the police this man was too intoxicated to drive? In that case the breathalyzer (which was court ordered due to his prior convictions), kept his car from turning on because of his impaired state. By law, this was no longer a working vehicle. This man, who had every intent to drive, had his case dismissed because his drinking made his car inoperable!

These are just a few of the countless scenarios Pinellas DUI lawyers are faced with on a daily basis. Driving under the influence is often considered among the most complicated misdemeanor crimes as one can see by these fact scenarios.

With the upcoming holiday fast approaching, please be careful on the road this week. Both DUI checkpoints and police patrols are stepped up on July 4th weekend. Be safe, be smart and don’t be a statistic!
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June 25, 2013

Suburban woman busted for large-scale marijuana growing operation

by Blake & Dorsten, P.A.

From a local CBS news affiliate, a suburban housewife is busted after police discover a large marijuana growing operation in her upscale suburban home…

The woman, Andrea Sanderlin, was charged with growing thousands of marijuana plants from her home. This was done, in part, to finance her lifestyle of vacations, fancy restaurants and expensive shopping sprees.

While a call to the suspects, drug defense lawyer went unreturned, the prosecutor is claiming that Ms. Sanderlin had an extremely sophisticated pot-growing operation near Queens, New York. She was arrested on Federal criminal charges in May, and she has been held without bail ever since.

Per the federal complaint, the 45-year-old mother of two would drive between her house and the grow house in an expensive sports car. Police found her in possession of over 3000 marijuana plants in her grow house.

LEGAL ANALYSIS

Besides the possible Federal crimes that this charge may bring, the sheer amount of marijuana here would expose this woman to serious charges in Florida. Manufacture of marijuana is found under Florida Statute 893.13. This charge is a third-degree felony, punishable by up to five years prison.

In addition, depending on the amount by weight of the 3000 marijuana plants, the woman could be charged with trafficking in marijuana. This would result in a more serious punishment, including more prison with mandatory “day for day”time and even large fines. The amount of prison and/or the fine would depend on the amount of drugs the defendant was found to have in her possession.

Finally, Florida has a provision under statute 932.701 known simply as the “Florida Contraband Forfeiture Act“. This would allow the police to seize the suspect’s money, car, personal items and even her fancy home (if it was not her primary residence) if law enforcement can show by a “preponderance of the evidence” that Ms. Sanderlin got these items through illicit means or with money made as a result of her drug sales. Very ironic that in Florida, this woman would probably lose all her possessions because she was selling drugs to maintain her lifestyle!
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June 18, 2013

Florida woman stabs her boyfriend for his “gassy” behavior

by Blake & Dorsten, P.A.

In what police are calling an odd domestic violence case, a Collier County woman is facing aggravated battery charges after police say she stabbed her boyfriend. The reason? Because he allegedly “farted” in her face!

According to the Collier County Sheriff’s Office, 37-year-old Deborah Ann Burns was at home watching television with her boyfriend. Without warning, her boyfriend walked by her and supposedly “passed gas in her face”.

Deborah Burns became angry and confronted her boyfriend who told her to “shut up”. The suspect responded by grabbing an eight-inch knife and throwing it at her elderly boyfriend, slicing his stomach. The gassy man was treated at the scene by medical personnel.

It didn’t take long for the police to gather evidence and arrest the defendant for the aggravated battery. Ms. Burns was arrested and bond was set at $50,000. Ms. Burns is no stranger to the justice system as a background search revealed that she is a convicted felon and has spent time in prison for multiple charges including battery on a law enforcement officer and aggravated assault.

LEGAL ANALYSIS

An aggravated battery with a deadly weapon, Florida Statute 784.045 is a second degree felony with a maximum punishment of 15 years in prison. An aggravated battery can be one of two things. A person who commits a battery using a deadly weapon OR a person who commits a battery who intentionally caused permanent disability/disfigurement or great bodily harm can both be found guilty of that charge.

In this particular case it does not sound like the man was seriously injured. However, if the defendant’s kitchen knife can be considered a deadly weapon then she can still be convicted of this offense.

Finally, as is often the case in domestic violence cases, the victim may change his mind and no longer wants to press charges. Contrary to popular belief, just because the victim doesn’t want to press charges that does NOT mean the state will stop prosecuting the defendant. In reality, a victim in a domestic violence case is treated as a witness by the state attorney’s office. That is because the state attorney views the state of Florida as the victim and can still prosecute the defendant regardless of the wishes of the “victim”.
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June 13, 2013

In Pinellas the gang member database is changing

by Blake & Dorsten, P.A.

A recent article in the Tampa Bay Times describes how one can now appeal their inclusion inside the Pinellas county gang database. We are among the first counties in the state to address this issue. After long awknowledging that the state’s gang laws are vague, local law enforcement has moved ahead with a series of proposals that they hope will prevent people from wrongly being labled as gang members. Currently, you can be labled a gang member if you are seen hanging out with friends or family who are themselves gang members.

While many of the adopted changes still need approval from government officials and legal staff, Pinellas County Sheriff Bob Gualtieri have already implemented many policies including:

– All information on local gangs, members and associates kept by Pinellas law enforcement agencies will be compiled into a centralized database maintained by the Sheriff’s Office.

– Unlike Florida state law that has no provisions for appeals, a person who is wrongly listed as gang members or associates can appeal to have their names removed from said lists.

– Strict time frames are set for names to be removed from lists. State law sets no time limits.

– Law enforcement must notify parents or legal guardians of children listed as gang members or associates in Pinellas county.

These changes had the support of all law enforcement agencies in Pinellas county as well as the Pinellas-Pasco State Attorney, Bernie McCabe.

Florida law permits local authorities to compile lists of suspected gang members and /or associates, and gives 11 criteria for gang membership. A person needs only to meet one criterion for the state to be allowed to label him or her a gang associate. With two or more criteria the person is considered a full-fledged gang member!

The big issue is the criteria itself. Merely dressing like a gang member, using hand signals associated with a gang or being seen with gang members is enough to be counted. The law does not require someone to have a criminal record to be listed as a gang member. People identified as gang members face closer scrutiny from law enforcement and, if arrested, potentially tougher prosecution.

Even when these new guideline go into effect, there will still be a few hiccups to deal with. For instance, it will still be possible under the new policies for someone to be listed as a gang member without a conviction. The new guidelines merely state that law enforcement will need documented “criminal association” between that person and a gang member, such as if he’s been seen dealing drugs with a gang member.

This should come as great news for Pinellas criminal defendants who have friends or family that are gang members. The Pinellas state attorney’s office has a very good gang unit that will travel between Pasco and Pinellas. These gang prosecutors have the authority to crack down on suspected gang members and can deliver more extreme sentences!
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June 7, 2013

In 2012 Pinellas, Domestic homicides increased the most in 20 years

by Blake & Dorsten, P.A.

From the Tampa Bay Times online, in 2012 domestic homicide has seen the largest increase in Pinellas in almost two decades.

The report, commissioned by the Pinellas County Domestic Violence Task Force, recorded 13 homicides last year. This is the highest number they have counted since they started keeping track! Since it started in 1996, there have been 114 fatal domestic violence cases in Pinellas county.

Even worse, five of the homicides were murder-suicides (where the killer takes his/her own life after murdering the partner), bringing the 2012 death total to 18.

Nobody has an answer as to why the sudden increase in domestic violence related deaths. It may take years to find out why because the task force can only study the cases after the criminal justice system is through. The State Attorney’s office and police are hesistant to share information on an open case.

Besides the police, the task force uses a variety of sources for its research including the clerk of court, domestic violence shelters and probation offices, among others.

Per a victim advocate from the Largo Police Department, before last year the highest number of domestic homicide cases were 10 back in 2001. The advocate continued “Behavior is hard to predict and, with domestic homicide, we’re always trying to look at the past to prepare for the future. But sometimes it takes years upon years of data to see a significant trend.”

Among the more notable 2012 Pinellas murders were the following:

– In September a woman fatally stabbed her husband in their Saint Petersburg apartment after he answered a phone call from another woman.

– The day of their divorce court date a man shot his estranged wife and then himself in Clearwater where the woman was staying with her children and a relative.

– A man murders his wife and then shoots himself in a Walgreens parking lot, orphaning their child.

– In August a man kills his girlfriend by running her over as she fled their home in Pinellas Park. The killing was seen by her children.

While the 2012 cases are still going through the court system, there are a few patterns worth noting. For instance all five of the murder-suicides were committed by men with half of the couples in the process of a divorce.

In addition and not surprisingly, alcohol and/or drugs played a role in almost 75% of the tracked cases since 1996. Sadly in almost half the cases the suspect had previously been arrested for domestic violence but a judge never ordered a domestic violence course in nearly three out of every four cases!

Want Help?

To view the Pinellas report, please click on the ndvfri.org website here. The website also has plenty of tips such as:

•Friends and relatives: Listen nonjudgmentally; offer to help with money, a ride, storing documents or watching children.

•Bosses and co-workers: Hang informational posters in workplace bathrooms; give staff time off for court dates.

•Neighbors: Call police if you hear a disturbance; develop a code word the victim can use to alert you to call police.

•Clergy members or community leaders: Be available to speak about intimate partner violence or advocate on the issue; partner with shelters to keep women safe.
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May 31, 2013

Florida man accused of “indecent act” with a door

by Blake & Dorsten, P.A.

From the “only in Florida” files, a Lake Worth man was arrested after witnesses saw him “doing it and doing it and doing it well” with a local businesses’ door.

According to the Palm Beach County Sheriff’s Office, Anthony Berry is charged with indecent exposure and performing a sexual act with a door. Per an article from the sun sentinel, a nearby employee caught the suspect dropping his pants and humping the business door Monday afternoon. The shocked worker reacted to Mr. Berry whipping out his package by whipping out her IPhone, calling the police and recording the passionate door mounting.

The unidentified worker saw 57-year-old Anthony Berry walk to the rear of the business. The suspect then tried to open the locked door and was noticed by the employee. The man then proceeded to expose himself to the woman.

It was at this time that the employee called police and recorded the defendant “humping the door”. Mr. Berry then walked away to a nearby bus station.

That is where police both found and confronted Anthony Berry. Per the police report when asked if he made love to the door, the defendant smiled and said “Yes, I have a mental problem”!

A quick look at the suspect’s criminal history shows that since 1979 he has been arrested at least 32 prior times including at least two previous indecent exposure charges as well as sexual battery, possession of cocaine, and trespassing.
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May 23, 2013

Florida girl charged in same-sex underage affair: Double standard or just following the law?

by Blake & Dorsten, P.A.

From a blurb on the CBS news website, 18-year-old Kaitlyn Hunt was arrested and charged with having a sexual relationship with an underage high school classmate.

The senior at Sebastian high school in Florida, started having a sexual relationship with a 14-year-old freshman until the freshman’s parents found out. They contacted the police and Kaitlyn was charged with two counts of lewd and lascivious battery of a child 12 to 16 years of age.

Kaitlyn Hunt’s parents responded by setting up various facebook pages and other online groups to demand charges get dropped. Other groups, such as the ACLU have hinted that the prosecution of this case is homophobia and that the 14-year-old’s parents are lashing out at Ms. Hunt and accusing her of “changing” their little girl.

Neither the Indian River County Sheriff’s Office or the 19th circuit prosecutors are backing down.

“If this was an 18-year-old male and that was a 14-year-old girl, it would have been prosecuted the same way,” Indian River County Sheriff Deryl Loar said at a press conference.

“The idea is to protect people in that vulnerable group from people who are older, 18 and above,” Bruce Colton, state attorney for Florida’s 19th circuit, said, according to the station. “…The statute specifically says that consent is not a defense.”

Mr. Colton went on to say that they have no plans to drop any of the charges based on the petitions. However, as is common with these types of cases, the Indian River County State Attorney’s Office has offered Kaitlyn Hunt a plea bargain. The Defendant has until this Friday to accept a reduced charge of child abuse in exchange for two years of house arrest and one year of probation. Most importantly, Kaitlyn Hunt would not have to register as a sex offender.

LEGAL ANALYSIS

First, a handy guide: Florida’s laws on age of consent

Anyone younger than 16 cannot consent to sexual contact.

A 16- or 17-year-old can consent to have sex with someone who is 18 to 23 years old.

Anyone under 18 years old cannot consent to have sex with someone 24 years or older.

Lewd and Lascivious Battery is found under Florida Statute 800.04(5)(c)2. It is a second degree felony, punishable by up to 15 years in prison. There are very few defenses to such a charge if the victim is underage. The victim’s consent is not a defense. The victim lying to the defendant about his/her age is not a defense.

What the Indian River County prosecutor did is not unusual in these types of cases. In 2007 Florida passed what is now known as the “Romeo and Juliet” law which allows those charged with consensual teenage sex to petition the court to stay off the sex offender registry.

Finally, what of the allegations that Kaitlyn Hunt is being treated differently because of her sexual orientation? Most local Tampa attorneys disagree.

Charles Lambert, a Tampa attorney who has had similar cases, including a same-sex relationship involving boys, said “some attorneys were debating this yesterday and the general consensus was that we don’t see a big difference in how these cases are prosecuted based on gender or sexuality.”

Nicholas Dorsten, a Saint Petersburg criminal defense lawyer, who has handled several of these cases agreed, saying “an 18-year-old man caught with a 14-year-old-girl would have been facing the exact same charge. Normally the prosecution looks at the ages of the parties involved, the facts of the case and what the victim’s family wants”.
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