FLCrimeDefense

Off-duty Lakeland Police officer charged with battery after alleged road rage incident.

Thomas Grajek — Tue, 21 May 2013 03:13:32 +0000

An off duty police officer was charged with battery after an alleged road rage incident today. Part of the incident was captured on a surveillance camera. Allegedly, there was an incident on the road where the off-duty Lakeland Police Officer felt that the other driver cut him off. As with most road rage type incidents, there were allegedly hand gestures and words exchanged as they drove down the road. The LPD officer then allegedly followed the other driver into the parking lot where the security camera captured the drivers exit the car and confront each other. One driver pushed the other and a fight ensued which was eventually broken up by eyewitnesses. This case has some similarities to the case I tried last week (see the following blog entry).

Battery is a very serious crime that carries up to 1 year in the Polk County Jail. The officer turned himself in to the jail and bonded out. Battery is considered a crime of violence and can have serious repercussions in background searches and a person’s ability to find a job or rent an apartment.

There are a number of defenses to this crime such as self-defense and defense of others. If you have been charged with this crime, you may be entitled to file a “Stand Your Ground” motion that could result in the criminal charges being dismissed. Many people have heard of these types of motions through the Trayvon Martin and George Zimmerman case. Many criminal defense attorneys do not file these in battery or Domestic Violence cases, but if there are grounds supporting such a motion I do. I am not afraid to stand up for my clients and put in the work and effort to fight for my client’s freedom and reputation in court!

CALL NOW AND SPEAK TO AN AGGRESSIVE POLK COUNTY CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION - EXPERIENCE COUNTS!

You will not have to drive to another county. Office – Lakeland, Polk County

Thomas C. Grajek 863-688-4606

Improper Exhibition of a Firearm charge DISMISSED at JURY TRIAL

Thomas Grajek — Sun, 19 May 2013 22:22:10 +0000

My client was charged with Improper Exhibition of a Firearm. We demanded speedy trial in this case and the charge was dismissed by the court at trial. My client was accused of waving a fireman at an elderly lady arising out of an alleged road rage incident. This incident was allegedly witnessed by an off-duty deputy with the Polk County Sheriff’s Office. The deputy called 911 and the police arrived to search a house and allegedly seized a gun. My client NEVER exhibited a firearm at anyone! So we took the case to trial and Judge Fegers granted my motion for Judgment of Acquittal (J.O.A.) at the close of the prosecutor’s case.

A motion for Judgment of Acquittal is a request for the judge to dismiss the charges because the prosecutor failed to put forth sufficient evidence to prove a prima facie case. That means the prosecutor has to put on evidence of each element of the alleged crime. In an Improper Exhibition of Firearm case the elements are:

The accused carried a gun,
The defendant exhibited the gun in a rude, careless, angry, or threatening manner, and
did so in the presence of one or more persons.

These are very difficult motions to win because when looking at the evidence the court must make all inferences in favor of the prosecutor. They are terrific wins because if you can get the criminal court to grant the Motion for J.O.A., the charge is dismissed and the jury does not even deliberate. In this case the Motion for J.O.A. was granted, my client was acquitted, the charge was dismissed, and we went home early because the jury was dismissed without the need to deliberate the case and reach a verdict.

If you are charged with Improper Exhibition or any gun or Firearm charge in Polk County, call Thomas C. Grajek and experienced trial attorney today.

DON’T HESITATE!!! CALL NOW!!!

Thomas C. Grajek 863-789-6404 cell

Case 2012-MM-014408-BA tried and dismissed May 14, 2013

Lower the legal limit in DUI cases from 0.08 in Florida? National Transportation Safety Board proposes lowering legal breath test limit for DUI cases.

Thomas Grajek — Sun, 19 May 2013 18:25:10 +0000

Last week, the NTSB proposed lowering the legal limit for Driving Under the Influence cases from 0.08 to 0.05. In Florida, the legal limit is 0.08. Also in Florida, a driver with a breath alcohol under 0.05 is presumed to not be impaired. The NTSB feels that lowering the limit would help cut down on traffic accidents. Studies of alcohol related accidents does not support this theory as most individuals involved in alcohol-related crashed have a legal limit of around 0.13 to 0.15, so lowering the level would not be a deterrent. I was recently hit by a driver who ran a red light at 50 mph. He did not even hit his brakes. The police came to the scene and had the other driver perform the Field Sobriety Exercises, but did not arrest him. Do I think lowering the legal limit would have prevented the accident? No.

The legal limit has been lowered over the years. Initially, the DUI breath test limit was 0.15 in 1941. It was later reduced to 0.12, then 0.10, and now the 0.08 that is the law in Florida DUI cases. The 0.05 limit is used in Europe which is a much less car-centric society. As a DUI defense attorney, I rarely see cases where the driver has a breath test under 0.08. A person must be arrested for DUI before a breath test can be requested. The police do no “unarrest’ you if you blow under the legal limit and these DUI cases are still prosecuted in court. They are difficult DUI cases to prove obviously and many times are dismissed or reduced to lesser charges. Therefore, it is clear that this law would only affect social drinkers who are not a problem or hazard on the road. That’s why a driver is presumed to not be impaired by alcohol when they have such a low blood alcohol level.

DUI is a very serious crime and can have devastating outcomes when a person drives impaired and there is an accident. DUI Manslaughter or DUI causing Serious Bodily Injury can result in substantial prison terms. I do not think lowering the limit will dramatically cut down on alcohol impaired deaths. Even safety groups like Mothers Against Drunk Driving and AAA declined to endorse the NTSB’s call for a 0.05 threshold.

If you have been arrested for DUI, call and speak to an aggressive Polk County DUI defense attorney. Always make sure that the DUI lawyer you retain is actually located in Polk county and will go to court with you and not send an associate. Get someone working on your DUI case now because it can make a difference in the outcome of your criminal case!

DON’T HESITATE!!! CALL NOW!!!
PROTECT YOUR RIGHTS!!!

CALL THOMAS C. GRAJEK, POLK COUNTY DUI ATTORNEY

CALL NOW 863-838-5549 cell

Aggressive Polk DUI defense attorney handling all DUI arrests, DUI Manslaughter, and DUI with Serious Bodily Injury in Polk county, FL.

Refusing to submit to a breath test can be a separate criminal offense in Florida

Thomas Grajek — Fri, 17 May 2013 08:17:43 +0000

Many Floridians do not realize that refusing to take a breathalyzer test is considered a separate criminal offense. It is not a DUI defense.

It may come as a shock to Florida drivers who are stopped for suspicion of driving while under the influence (DUI), but if they refuse to give a breath sample, the refusal can be classified as a criminal offense separate from the charge of driving under the influence. Under the Florida Criminal Statute 316.1939, the refusal is a first-degree misdemeanor, and can result in a stint in county jail, which may be up to a year. This does not just apply to failing to be breath-tested on request. It includes refusing any physical or chemical breath test, or urine or blood tests.

For refusing to be breath-tested to be a crime, in addition to the DUI, the person’s driver’s license must have already been suspended for refusing to take a breathalyzer, urine or blood test. Additionally, a police officer must have probable cause to believe a new DUI offense took place. The driver must be arrested and enlightened about Implied Consent, which is, in a nutshell, refusing once results in a suspended license for a year, and refusing twice garners a suspended license for a year and a half. The suspected drunk driver must be clearly informed that refusing any test for a second time is a misdemeanor. In short, you may be charged with two crimes: failing to blow and DUI.

It is vitally important to fight the suspension for refusing to take a breath test and this must be done within ten days. You need a Lakeland criminal defense lawyer to request a formal review of your case and arrest. The main reason for this is that there are more defenses than you may realize that can overturn a suspension, such as the Intoxilyzer 8000 was not properly calibrated, the officer not properly trained on its use, the equipment provided a false positive, and so forth. Once that is accomplished, you would not face jail time and will not be considered to have committed a crime for refusing to blow if you were ever arrested for DUI on another occasion.

Keep in mind that you must apply for a formal review hearing within ten days of your arrest. A Lakeland criminal defense attorney can do that on your behalf and help you get a hardship license to allow you to drive to work, provided you are eligible for the license. The formal review process is an excellent tool to help prepare your case for trial. No two DUI cases are alike, and each one reveals different details that may work in your favor. Never assume that you have no hope or no choices when charged with DUI and/or refusing to submit to a breath test.

As your attorney, I will fight the administrative suspension of your driver’s license. This hearing is called a Formal Review. I can help you get a hardship license so you can continue to drive to work if you are eligible. It is important that you have an experienced criminal defense lawyer represent you at the Formal Review. The Formal Review can be a valuable discovery tool to help prepare your case for court and for trial.
Each DUI case is different and unique based upon the individual facts of your case and thus your defense may be different than another individual’s case. Your options are fully explained to you when you discuss your situation with an experienced Lakeland criminal defense lawyer.

Polk County law enforcement ran another prostitution sting this week which still carries a $5,250.00 civil penalty.

Thomas Grajek — Sat, 11 May 2013 03:46:13 +0000

Polk County law enforcement agencies ran another prostitution sting this week. This appears to be similar to the prostitution stings recently done this past January and last August. The prostitution law increased the “civil penalty” for “johns” from $500.00 to $5,250.00 on January 1, 2013. I am the only Polk County criminal defense attorney who has challenged the constitutionality of this increased “civil penalty”. I also have a motion pending challenging the increased monetary penalty being applied to those arrested in the August 2012 solicitation sting. I expect a ruling very soon on my motion.

If you have been arrested in the latest solicitation for lewdness sting, call me for more information about your case, how these investigations are conducted, and what defenses you may have. In addition, I can explain to you about getting your record sealed or expunged so that your reputation is protected. call an aggressive attorney who is fighting the outrageous fine and is willing to fight for you.

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE

POLK COUNTY CRIMINAL DEFENSE LAWYER EXPERIENCED IN ALL CRIMINAL CASES.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW!

You will not have to drive to another county. Office – Lakeland, Polk County.

Thomas C. Grajek 863-688-4606

Handling all criminal cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and Davenport.

Seek experienced defense counsel on a domestic violence charge

Thomas Grajek — Wed, 03 Apr 2013 00:29:09 +0000

Do not go to court alone if you have been charged with domestic violence. You need experienced legal counsel.

There is one very important thing that you need to know if you are considering pleading guilty, or no contest, in regard to a domestic violence charge in Florida, and that is you cannot have your arrest expunged or your record sealed. In short, if you want to still be eligible to have your domestic violence arrest expunged, you must contact an experienced criminal defense attorney for assistance. Going to court alone and winging it will leave you in an untenable situation later.

In Florida, domestic violence is defined as any kidnapping, battery, assault, false imprisonment, or other criminal act that results in injury or death to another member of your household. That other party may be a boyfriend, husband, domestic partner, wife, spouse or girlfriend. You need to also understand that domestic violence is either a felony or misdemeanor. It becomes a felony in the presence of aggravating circumstances, such as strangling the victim, causing substantial bodily harm, harming a pregnant woman or stalking someone in direct violation of an injunction.

Not all jurisdictions send domestic violence cases to a special court. In some areas, these cases are assigned to a criminal trial division. This means that more than ever, you will need a seasoned Lakeland criminal defense attorney to help you through the maze, because anyone arrested for domestic violence is held in custody, without bond, until they first appear in court. At the preliminary presentation, should the court require a condition of your bond to be no further contact with a victim, a defense attorney may file a bond motion, asking the court to either modify, or remove that condition.

If you ignore the court’s direction, the bond may be revoked and you will be taken back into custody, and remain in jail until the case is resolved. If you do not want to land in jail, talk to a Lakeland criminal defense lawyer about the possibility of filing a bond motion.

There are other issues that arise at this time for an accused, and one of them is what transpires should the alleged victim decline to prosecute. While that might sound like a home run, it isn’t. Even if the victim does sign a waiver, the prosecutor may still file charges against you. In this situation, a criminal defense attorney would contact the prosecutor and explain a waiver had been signed and offer further reasons why charges should not proceed.

Even if the alleged victim was not found to have any injuries or marks on them, and it is only their word that domestic violence took place, the prosecutor may proceed with a case against you. This is not justice. For justice, contact a Lakeland criminal defense attorney.

For more information about Polk County criminal defense lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Have you been arrested for DUI by a Florida Highway Patrol trooper?

Thomas Grajek — Sat, 30 Mar 2013 14:18:23 +0000

Friday, I had a “Formal Review” for a Polk County sheriff DUI case. The hearing was held at the Florida Highway Patrol station in Lakeland in one of the FHP strategy meeting rooms. On the bulletin board of the room was written the following:

The Florida Highway Patrol (FHP) is arresting a lot more drivers for DUI than in the past. The FHP has been much more aggressive in their DUI arrests and have equipped their vehicles with cameras for DUI arrests. But a DUI is subjective. That means that whether someone is impaired by alcohol, is an opinion. I could look at someone and say “In my opinion, that person is not under the influence” while someone, usually a DUI officer, will disagree and say”I think that person is impaired.” So if FHP is telling their troopers and DUI units their mission is to “write more tickets” or if an individual trooper feels that is the message FHP is sending, how fair or biased do you think the trooper’s opinion will be when he has to make a judgment call whether a driver is under the influence or not, whether to write a DUI citation, and whether to arrest a driver for DUI?

That is why you need an aggressive Polk county DUI attorney that knows the DUI laws and how the Intoxilyzer breath test machine works so you can get the best defense to your DUI case. Personally, I think it is a travesty of justice to have quotas. An officer’s job is to protect the public and uphold the values of our justice system. It’s fine to issue tickets and arrest people, just make sure the arrest is lawful and you have the unbiased facts to support the arrest.

If you have been arrested for DUI in Florida by an FHP officer or any other law enforcement agency, call an experienced DUI lawyer that will fight for you in court and insure you receive a fair trial.

A driver arrested for DUI only has 10 days to fight the administrative suspension of their driver’s license. If you have been arrested for DUI, call my cell phone now so we can fight the 6 – 18 month suspension of your license due to your DUI arrest.

DUI attorney Thomas C. Grajek

863-838-5549 cell

Criminal defense attorneys say they are "aggressive", but what does that mean?

Thomas Grajek — Fri, 29 Mar 2013 23:33:12 +0000

Everyone is the “best criminal attorney” or the most “aggressive criminal defense lawyer”. What does that mean? How do I know if my criminal lawyer is aggressive?

First and foremost, aggressive means knowing the law. You can not go on the offensive in your criminal case unless the attorney knows they law and what he is doing. Knowing the law, allows me to stand up and speak on your behalf without fear. That means being able to tell the court, judge, jury, and prosecutor your side of the story. Aggressive defense means objecting to evidence that should not be heard against you at trial because the law forbids it and the evidence is untrustworthy. An attorney has to be correct on what the law is or why the law should be changed in order to have credibility with the judge. To do this, an attorney must read the latest case law and rulings in appellate cases. I do that and blog about criminal issues so that you know I am up to date on the latest developments in criminal cases and arrests. Is the lawyer your considering blogging on a regular basis? Can you understand what the criminal lawyer is trying to explain? If you can not understand it, how is a jury going to know what the attorney is trying to communicate to them?

The reason I am writing this entry is because of a call I received from a potential client today. I give free consultations so that you know what defenses you have and what I can do for you. Unfortunately, this arrested person talked to a friend who is an attorney who “dabbles” in criminal defense. I devote my practice to criminal defense. The person on the phone was charged with a serious felony offense, grand theft. This is especially serious because it is a crime of dishonesty and future employers will not be looking to hire you if convicted of theft. The case appeared to be a misunderstanding and the first thing I would do to defend him against these charges, was to call the prosecutor and try and get them to not file charges against him. Even though you have been arrested by a police officer, many times you have not yet been officially charged with a crime by the prosecutor. By being aggressive, an attorney can call, write, give witness names, and evidence to the prosecutor in an attempt to persuade the prosecutor to drop the criminal charges against you. If charges are not filed, this would mean the arrested person would never go to court! The potential client told me his friend, the “aggressive criminal defense lawyer”, told him that it was useless to call the intake prosecutor making the filing decision because “those prosecutors are so busy they won’t take my call or listen to me.” Are you kidding me?!?! The knowledgeable attorney would not even try?!?!?! That’s just being lazy. The prosecutor will listen and will consider your evidence!

If you want someone that cares about your case and will fight for you, call me.

Thomas C. Grajek, aggressive Polk county criminal defense lawyer

863-838-5549 cell

When can the police search your home with a K-9 drug sniffing dog in Polk County?

Thomas Grajek — Tue, 26 Mar 2013 22:31:38 +0000

Today, the U.S. Supreme Court ruled on when police can use a drug sniffing dog to search your home. Previously, I blogged about this case and the ruling came out today.

This case started out in Florida also. This time, the U.S. Supreme Court upheld the Florida Supreme Court’s decision in Florida v. Jardines. In that case the Florida Supreme Court affirmed the suppression of a search of a home based upon a canine sniff at the door of the home. The marijuana seized pursuant to the drug dog’s alert was suppressed and thrown out of court resulting in the criminal charges being dismissed.

What does that mean for your Polk county criminal case or for you as a citizen? That the U.S. Supreme Court sided with personal rights over law enforcement’s use of enhanced searching technologies. This decision protects all Americans against unreasonable searches and seizures of their home. There has been a constant eroding of our rights as Americans against searches, but finally we have the court stand up fro our right to be free from searches in our homes and our expectation of privacy in our homes is protected.

The decision will affect law enforcement’s enhanced searching capabilities, other than officers’ own senses, to find out what is going on inside a person’s home. This includes GPS technology and heat imaging technology commonly used to detect marijuana grow houses. The police or sheriff must obtain a warrant before it may intrude upon private property in order to search a person’s home and gather evidence of a crime. By finding the conduct of law enforcement in this case to have violated a person’s constitutional right to protection from unwarranted search and seizure, the Supreme Court made clear today that the Fourth Amendment is not dead.

Law enforcement may not use enhanced search technologies to intrude upon private spaces without a warrant because a man’s home is his castle and the police cannot intrude on that fundamental right with the purpose of gathering incriminating evidence without a warrant.

If you have been arrested, talk to an experienced and knowledgeable

Polk county criminal defense lawyer.

Thomas C. Grajek – 863-688-4606

Handling all Polk County felony and misdemeanor drug charges including possession, delivery, sale, and trafficking in controlled substances cases.

Lakeland DUI attorney Thomas C. Grajek files a Writ of Certiorari challenging suspension of driver’s DUI "Formal Review" license suspension.

Thomas Grajek — Tue, 26 Mar 2013 00:56:37 +0000

My client was arrested for DUI by the Florida Highway Patrol. I was able to get a copy of the video and police reports for his case. Because my client retained me within 10 days, I was able to request a “Formal Review” to fight the administrative suspension of his driver’s license for allegedly having a breath test result over the 0.08 legal limit on the Intoxilyzer breath test machine.

At the Formal Review hearing, I raised a number of legal issues and challenges to the suspension. These included the authority for the trooper to pull my client over for allegedly driving under the influence (DUI), give my client a breath test, whether the breath test machine was working properly, whether my client actually had a breath test result over 0.08, and the authority for the Polk County Sheriff’s Office to give my client a breath test. After the hearing, the order upholding the suspension was not timely filed by the Department of Highway Safety and Motor Vehicles (DHSMV), so I also challenged the 6 month suspension on that basis also.

Unfortunately, the suspension of my client’s license will continue while the writ is being heard by the Polk county circuit court. However, not fighting the suspension has consequences besides the license suspension. There is a mark on your license saying that you drove with an unlawful blood alcohol level if you lose the Formal Review. If you are ever arrested again and blow over 0.08, the suspension is increased to one (1) year! There is also the principal of the matter. I fight for my clients and do not want the DHSMV to think I will go down without a fight! If you are going to take my client’s driving privilege away, you better be correct about the DUI law and issues in my client’s case. In addition, if I win the writ/appeal of this suspension, that will help anyone arrested in the future to use this case law in their DUI arrest!

It will take time before a decision is made on this DUI case. I will continue to fight in court. The Formal Review is a separate license suspension and a separate proceeding from the court case. Even if you win the hearing and the administrative suspension of your license is set aside, you still have to go to court and fight the DUI.

When you go to court do you want a DUI lawyer that gives up or a DUI attorney that fights for you and your good name? If you’re looking for a fighter, call me!

DON‘T HESITATE!!! PROTECT YOUR RIGHTS!!!

CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!

863-838-5549 cell

Because you only have 10 days to request a Formal Review!