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NEVER a prosecutor

MY PRACTICE IS DEVOTED TO THE DEFENSE OF CRIMINAL
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Justin Bieber’s Florida DUI arrest in the news again
Posted by: Thomas Grajek  | On 13th February, 2014

Justin Bieber’s attorney, Roy Black, has filed a motion to block the release of the jail video after his arrest for DUI and drag racing.  Various newspaper organizations have been making Public Record Requests for the video.  The video in Bieber’s case would possibly show him being booked into the jail and potentially the Drug Influence Investigation which would include his performance on the Field Sobriety Exercises.

Florida has a very open sunshine laws that allow the public access to public records such as police and surveillance videos.  There are exceptions that make certain public records exempt from Flroida’s sunshine laws.  One of the exceptions to public records law is for “ongoing” criminal investigations.  Sometimes, the sheriff will argue that releasing jail videos compromises security of the jail.  The sheriff fears that inmates will get a copy of the video and learn where any “blind spots” may be located so that an booking deputy may be attacked or maybe somebody will attempt the “great escape” from the jail.  The police try and stretch “ongoing” investigation to include any criminal case that has not been resolved by plea or trial.  What is “ongoing” in a DUI case, introduction of contraband case, or battery on a law enforcement case after the arrest has been made?  There is nothing left to investigate.

I run into the problem of a lack of a video in my criminal and DUI cases often.  If you do not request the booking video of your DUI arrest in Polk County within 3-5 days, that valuable evidence demonstrating that your normal faculties were not impaired is lost forever!  That video may show you walking, talking, bending over, changing shoes, getting your mugshot taken, and more which would prove you were not impaired.  What about in a case where it is alleged a person arrested for some alleged crime is accused of having drugs on him when he is brought into the booking facility and the person denies that allegation?  Instant replay of a video could be the best evidence of your innocence, so why wouldn’t the sheriff preserve that evidence?  There was a case that went to trial a couple weeks ago in Polk County where the person was accused of hitting one of the booking deputies.  The video was not preserved and it became the person’s word against the deputy.  Is that fair?  Is it fair that state law mandates the video be retained for 30 days, but PCSO’s video loop is less than 7 days?

If you have been arrested that booking video may make the biggest difference in whether your case is dismissed or you are found guilty of a felony or a DUI.  If you have been arrested for a criminal offense in Polk County, you need to retain a lawyer that knows the police and procedures of local law enforcement, how to get the videos, what the videos may show, and how to argue your case should be dismissed if the video is not preserved.

Call and aggressive Polk criminal defense lawyer that will fight for you and your rights in court!

Thomas C. Grajek

863-688-4606

 

Tags: arrest DUI evidence Polk County video

13

Feb 2014

Thu

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Testimonials

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.