This week, the legislature’s latest attempt to repeal Florida’s “Stand Your Ground” law failed.  This means that a person does not have a duty to retreat if attacked.  The proposed bill was soundly defeated by a vote of 11-2.  This law has been the subject of protests and media coverage ever since the George Zimmerman/Trayvon Martin trial.  “Stand Your Ground” received this coverage despite the fact that the Zimmerman trial was really a self-defense issue, not a stand your ground issue.

The Stand Your Ground Defense allows a person arrested for a criminal charge to file a motion with the court requesting that the charges be dismissed.  The court holds a hearing prior to the jury trial in order to determine whether the person invoking his right to “stand his ground” has immunity from prosecution.  If the arrested person wins the motion, the criminal charges are dismissed.  I currently have a motion to dismiss set on the basis of Stand Your Ground in a Winter Haven case.  If the motion is denied, a writ can be filed for review by a higher court.  If denied, the case would proceed to trial and the jury would determine whether the individual on trial was entitled to stand their ground or use self-defense.

The “Stand Your Ground” law can be used as a defense to a number of criminal charges, but is most often seen in battery or murder cases.  If you have been arrested and think you had a right to “Stand Your Ground” call an experienced crimianl defense attorney who has handled these types of motions and cases.

Thomas C. Grajek – Polk Criminal Lawyer

863-688-4606

Tags: battery dismiss George Zimmerman Trayvon Martin jury trial stand your ground Winter Haven Zimmerman

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Nov 2013

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Lakeland

(863) 688-4606

Tampa

(813) 789-6404

Lutz

(727) 457-8660

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Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.