Tag Archives: evidence

Criminal Profiling is not just done on TV

The law enforcement tactic of criminal profiling, pioneered by FBI Agent John Douglas, is not just a tool injected into TV shows for extra entertainment, but is a reality in law enforcement, even used to try and hunt down Jack the Ripper in London. Profilin... Read more

Sexually Dangerous Convicts Can be Held Indefinitely

The government now has more power and discretion in holding sexually dangerous convicts. At one time, once a sexually dangerous inmate served a full sentence, he or she was released. The U.S. Supreme Court has now indicated this may no longer be the case w... Read more

Medical marijuana amendment fails in Florida, pot still illegal to possess.

Florida's medical marijuana amendment did not pass yesterday in the election.  Even though a majority of the voters voted in favor of passing the medical marijuana amendment, receiving 58% of the vote, it fell 2% shy needed to pass.  In 2006, Florida voters ... Read more

Bartow high school teacher arrested for possession of cannabis and paraphernalia.

Over the weekend, a Bartow high school teacher was arrested for possession of marijuana and paraphernalia (a grinder).  WFLA channel 8 is reporting that Polk County Sheriff deputies allegedly went to the teacher's house in response to a tip that the teacher w... Read more

What Does the Crime of Involuntary Manslaughter Involve?

Involuntary manslaughter can defined in several different ways, depending on the circumstances of a case. While involuntary manslaughter may, of course, be involuntary, it may also include a deliberate act. In some situations resulting in a death, the death... Read more

Marijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty

Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in ... Read more

U.S. Supreme Court rules cell phones cannot be searched by police without first obtaining a search warrant.

A major victory for citizens’ privacy interests today as the U.S. Supreme Court unanimously ruled law enforcement cannot search an arrested person’s cell phone without first obtaining a search warrant.  While the court recognized the need to investigate c... Read more

What Does Federal Criminal Law Ensure for Every Jurisdiction?

Every state and the District of Columbia has its own criminal procedure codes. However, each of these jurisdictions must act in compliance with the U.S. Constitution. Each state's rules and regulations on criminal procedure codes are predicated on the Feder... Read more

Touch DNA May Change Conviction Rates in Criminal Offenses

So-called “touch DNA” may be able to link an alleged suspect to a crime scene. A man in Jacksonville, Florida was accused of grand theft and organized fraud after touch DNA linked him to several crimes in 2013. Allegedly, the 71-year-old man scammed a w... Read more

Three Florida Men Arrested for Promoting Obscenity at Polk County Nightclub

Where is the line when promoting live obscene shows in a bar? Three Florida men were arrested for promoting obscenity at a Polk County nightclub. The arrests were made because law enforcement described the bar’s activities as a “violent public nuisance.... Read more

Polk County Judicial Assistant Alisha Rupp pleads “No Contest” to some of her pending criminal charges.

An update on my blog post regarding 10th Judicial Circuit Judge Harlan and her Judicial Assistant (JA) Alisha Rupp's criminal case.  Yesterday, I posted that Ms. Rupp's defense attorney was requesting a continuance of her trial set for next week.  In Polk Co... Read more

Polk County DUI lawyer Thomas C. Grajek attends national DUI seminar focusing on forensic evidence.

In order to insure that my clients receive the most aggressive defense to their DUI case, I recently attended a DUI seminar put on by the National College for DUI Defense in association with the Texas Criminal Defense Lawyers Association.  This seminar focuse... Read more

Family Physician Arrested for Alleged Underage Sexual Crimes

Dr. Brian Lee, an Escambia, Florida family physician, has been arrested for employing a two-way device to expedite the commission of a felony and for traveling to meet a juvenile for sex. Lee's arrest followed a long investigation into his online life and p... Read more

Justin Bieber’s Florida DUI arrest in the news again

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... Read more

FDLE Chemist being investigated for tampering with evidence

Last week it was the chief of police fired for allegedly not following policies.  This week it is an Florida Department of Law Enforcement crime analyst in the news.  FDLE lab analyst Joseph Graves is being investigated for allegedly tampering with evidence ... Read more

Proposed medical marijuana amendment approved by Florida Supreme Court. How will it affect criminal cases

The medical marijuana amendment has made it to Florida’s ballot in time for the next governor’s election.  Voter polls currently indicate that the amendment will pass easily and medical marijuana will become legal in the state of Florida.  How will this ... Read more

Dentist sentenced for Halloween DUI Manslaughter accident.

Yesterday, a Hillsborough county dentist was sentenced to 12 years in prison pursuant to a plea agreement with prosecutors for causing the deaths of two people in a horrible DUI Manslaughter accident during Halloween.  The drivers blood alcohol level was 0.13... Read more

Former State Representative Mitch Needelman Arrested On Bid Tampering And Bribery Charges

Well-known former state Rep. Mitch Needleman has been charged with bid tampering and bribery. Needleman's arrest was the culmination of a year long investigation by the Florida Department of Law Enforcement (FDLE) into his dealings with BlueWare, Inc. Needl... Read more

South Florida physician charged after pill mill raid by drug enforcement agents

Seven people, including a local doctor, were arrested and charged with illegally dispensing and distributing oxycodone. Due to a recent drug enforcement raid, seven South Florida residents face federal charges of illegal dispensing and handing out a variety... Read more

Rules of sequestration, does it apply to alleged victim’s family?

The George Zimmerman case may be over soon.  The prosecution has rested their case, so now the defense may present evidence if they wish. Normally in a criminal trial, the attorneys will invoke the "Rule of Sequestration" that prevents witnesses from being... Read more

Florida rules on expert witness testimony change July 1. Polk County will now use “Daubert” test for expert witnesses.

The Florida legislature has adopted a new standard for the admission of expert witness testimony in Florida criminal and civil cases.  In the past, Florida courts have used the Frye standard which allowed an expert to testify if the expert opinion was based o... Read more

Lakeland DUI Attorney Thomas C. Grajek in the news

After my Lakeland DUI trial on Tuesday, the Ledger and Channel 8 news started taking a closer look at the procedures used by Lakeland Police Department.  Read the Ledger article here: http://www.theledger.com/article/20130620/NEWS/130629985?tc=cr&tc=ar... Read more

Teacher Sexting Student Results In Arrest And Conviction

Technology in schools has introduced potentially new disturbing behavior, such as a teacher allegedly sexting students. This Florida case appear unseemly, but we need to remember that not everything may be the way it looks. And, according to the Constitutio... Read more

Aggressive Polk County DUI lawyer argues DUI motions to suppress in court

Yesterday, I was in court all day before arguing various motions to suppress in my client's DUI case.  Many people arrested for DUI or a criminal offense do not know what a criminal defense attorney does for them in court.  Many people charged with DUI also ... Read more

Can a convicted felon be a bail bond agent in Florida?

This week a spoke to a great group of students studying and training to become bail bond agents in Florida.  Eventually, after a 120 hour course and training under a licensed bondsman, they too will receive their bail agent license.  Many people ask me thoug... Read more

Bartow criminal lawyer teaches future bail bond agents

On Thursday, it was again my pleasure to teach future bondsmen and women about the criminal court system.  If you would like to be a bail bond agent and help assist people to get out of jail, you can more information at http://bailbondedu.com/, Florida's lea... Read more

Polk Criminal Lawyer Thomas C. Grajek attends NACDL Forensics Evidence seminar on DNA evidence

In April, I attended the NACDL legal seminar "Making sense of Science."  This continuing legal education seminar focused on how science plays a role in criminal cases.  A main topic was DNA evidence in criminal cases.  This evidence is found in rape or capi... Read more

2nd District Court of Appeals rules police holding driver’s license is a seizure

Last week, the Second District Court of Appeals overturned a Defendant's conviction for possession of a controlled substance (carisoprodol).  The rulings by the 2nd District Court of Appeal are binding on the county and circuit court's of Polk County.  That ... Read more

Polk County Criminal Defense Attorney Jury Trial for Improper Exhibition of a Firearm

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... Read more

Prostitution trial results in guilty verdict

Today, the jury reached a guilty verdict in the Zumba prostitution case that made headlines across the country.  The prosecutor accused him of managing the prostitution business allegedly run by the Zumba instructor, Alexis Wright.  Wright’s case is still ... Read more