Attorney Blog

Wade Gets 27 Years for Teen Love Triangle Killing

blog@www.roothlawgroup.com (news Author)17482 — Fri, 03 Sep 2010 08:00:00 EST

Today, 20 year old Rachel Wade was sentenced to 27 years in prison for stabbing to death another teen girl who was seeing her boyfriend. Wade was convicted of second-degree murder after a jury trial last month. The sentencing guidelines for second-degree murder dictate the range for sentencing to be from 20 years to life. Wade was convicted of killing Sarah Ludemann, 18 years old, by stabbing her in the heart on April 15, 2009.

School Bus Safety Tips

krooth@roothlawgroup.com (blog Author)38441 — Fri, 03 Sep 2010 08:00:00 EST

The school day starts and ends with a ride on a school bus for about 23 million students in the United States. Riding the bus is the least of their concerns. The most dangerous aspect is actually approaching and leaving the school bus. Here is a reminder of some general school bus safety rules as your children return to school this Fall:

Drivers

Whenever backing up the vehicle, always look for children walking or biking to school. When approaching school zones, watch for children who may be distracted on their walk to school. Go slowly near bus stops as children may be nearby. Remain alert at all times. Late children attempting to catch the bus may dark through traffic to catch the bus on time. Obey traffic laws that require you to slow down or stop when the school bus uses yellor or red flashing lights and stop signs.

Children

Arrive at the bus stop early so that you don't need to rush in order to catch the bus. Stand about 6 feet away from the curb when the bus arrives and wait for it to come to a complete stop before approaching the bus. Make sure the door is opened and the driver gives permission before entering. If you need to cross the street in front of the bus, make sure the bus driver can see you before crossing. Never cross the back of the bus. When riding the bus, use its handrails and be careful your clothers or book bag do not get tangled in doors or handrails.

Parents

Assist in getting your children ready so that they can get to the bus stop without rushing and being distracted. Teach your children common sense safety procedures to ensure they will be cautious during their walk.

Drug Trafficking Mandatory Sentences in Florida Under Fire?

blog@www.roothlawgroup.com (news Author)16993 — Sun, 15 Aug 2010 08:00:00 EST

Minimum mandatory prison sentences for drug offenders are costing the State of Florida almost $103 million. This figure does not take into consideration other crimes that also have mandatory prison sentences. Anyone charged with drug trafficking in Florida faces a mandatory prison sentence. The law governing drug trafficking has striped the judges of almost all sentencing discretion. If a person is charged with drug trafficking oxycodone and is a first time offender the judge must sentence them to mandatory prison, there are no mitigating factors the judge can consider. Why is this you ask? The legislature gave all the power to the State Attorney. The one impartial party, the judge, is powerless while the bias crime fighters, the State Attorney, dictate what a fair and just sentence is. Love it or hate it that is what the law says. The State Attorney has the sole power to waive the minimum mandatory prison sentence.

The Florida Legislature has considered taking a closer look at the minimum mandatory sentences and the cost to the State of Florida during these tough budget years but they passed on a recent opportunity to discuss this matter. The topic will likely come up again as the issue of uneven sentences continues make the news. The concern is that people possessing trafficking amounts of drugs are sentenced to mandatory prison while people involved in hit and run accidents involving death, child molestations and other crimes are walking free on probation or serving short prison sentences.

While the arguments for keeping the mandatory prison sentences are logical, the questions the legislature needs to consider are: Do minimum mandatory prison sentence really deter future crime? Is it good policy to take discretion away from the judge?

The Rooth Law Group, P.A. is committed to providing the very best criminal defense representation. If you or your loved one is charged with a crime that carries a minimum mandatory prison sentence, like a drug trafficking offense, call us immediately. A delay in calling can mean the difference of a mandatory prison sentence and your case being dropped. Don’t hesitate, call the St. Petersburg drug trafficking attorneys at Rooth Law Group today for a free consultation: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.

Tragic Death of Father and Three Sons in St Petersburg DUI Accident

rrooth@roothlawgroup.com (blog Author)36339 — Sun, 01 Aug 2010 08:00:00 EST

Family vacation to St. Petersburg, Florida has a tragic ending for the McConnell family as their father and three sons are killed by a drunk driver. The auto accident claimed the lives of Elroy McConnell, 51, Kelly McConnell, 19, and Nathan McConnell, 24, and Elroy McConnell III, 28. The McConnell family, visiting from Orlando, Florida was travelling south on 22nd Avenue North when their vehicle was struck by a vehicle which ran the red light at Martin Luther King Junior Boulevard.

The vehicle that ran the red light was driven by Demetrius Jordan, 20, of St. Petersburg. The collision also injured Mario Robinson, 20, of St. Petersburg. Mario Robinson,the passenger in Jordan's car, was transported to Bayfront Medical Center with serious injuries. Demetrius Jordon was arrested by the St. Petersburg Police Department and charged with four counts of DUI manslaughter and one count of DUI with serious bodily injury.

From everyone at the Rooth Law Group, we send our thoughts and prayers out to the family and friends of the McConnell family.

Pasco Man Faces Drug Trafficking Charges for 839 Oxycodone Pills

blog@www.roothlawgroup.com (news Author)16613 — Thu, 29 Jul 2010 08:00:00 EST

A deputy with the Pasco County Sherriff’s Office conducted traffic stop on a car driven by Derrick Choate near State Road 52 and Sugar Creek Boulevard. The car was stopped due to an inoperable tag light. A K-9 unit arrived at the location and proceeded to walk the exterior of the vehicle. The K-9 alerted to the presence of an illegal substance in the vehicle. The deputies conducted a search of the vehicle and located 839 oxycodone pills. Derrick Choate admitted to the deputies that he did not have a valid prescription for the oxycodone pills. Derrick Choates is currently in the Pasco County Jail with a bond in the amount of $100,000 for two counts of Drug Trafficking. A conviction for Drug Trafficking carries a mandatory Florida State Prison sentence.

If you or your loved one had been charged with a drug crime call our experienced drug trafficking attorneys at Rooth Law Group today for a free consultation.

False Tickets Issued by Florida Highway Patrol Trooper

rrooth@roothlawgroup.com (blog Author)35739 — Thu, 29 Jul 2010 08:00:00 EST

A year in the county jail and two years of probation is how former FHP Trooper Paul C. Lawrence will spend his time for falsifying traffic tickets. The former trooper plead to 8 misdemeanor counts of falsifying public records and is ordered to more than $8000 in restitution.

Exactly how many tickets were falsified is unknown but the actions of this trooper resulted in the dismissal of over 200 potentially legitimate tickets. The scheme unraveled when unsuspecting people stared receiving citations or notices of suspension in the mail. Some of the victims where out of the county when the alleged traffic offenses occurred. The former trooper issued the false tickets to people he had previously pulled over and had access to their personal information. The big concern with this type of abuse of power is how many people had their lives turned upside down or were arrested because of this troopers actions.

If you need to fight a traffic ticket or want an attorney to represent you in court or your license was suspended and you need help call our office today. If you were the victim of this troopers abuse and need assistance call us. The Rooth Law Group is dedicated to providing a strong defense to each and every criminal case we handle.

Brothers Arrested in Clearwater Road Rage Shooting

blog@www.roothlawgroup.com (news Author)16197 — Wed, 14 Jul 2010 08:00:00 EST

Two brothers from Clearwater Florida were arrested for charges related to a road rage shooting. Adrian Precaj, 24, shot a man after an argument at a gas station in Largo and was charged with attempted murder. The arrest report states the brothers followed the man, cut him off, then Adrian got out of his vehicle and shot at the man's car door, while the man remained in his vehicle, numerous times. His younger brother, Domeniko Precaj, 18, chased the shot man and drove Adrian away after the incident. Accordingly, Domeniko was charged with being a principal to the attempted murder.

Pinellas Attorney Arrested for Bartering Prescription Drugs

krooth@roothlawgroup.com (blog Author)34857 — Fri, 09 Jul 2010 08:00:00 EST

If you are a small business owner, you will probably at some point be approached by a customer or client who will ask if you are willing to barter for services. Bartering is essentially is accepting a payment in the form other than money. It can be in the form of services or property such as a car, boat, or maybe even jewelry. However, bartering goes astray when the product or good is illegal. Illegal drugs (marijuana, cocaine, prescription pills, etc.), stolen goods or sex are prime examples of what bartering should not be.

Bartering is not always the best way to satisfy an outstanding debt as a local Tampa Bay defense attorney Aaron J. Slavin discovered this week. Slavin is accused of accepting oxycodone prescription pills from his client as payment for legal services. As a result, Slavin has landed in serious hot water. Mr. Slavin is now facing the same criminal justice system he not only prosecuted in but also defended people for similar crimes in. Mr. Slavin was arrested for Trafficking Oxycodone and is facing a mandatory prison sentence under Florida law.

When bartering for services or goods, the ownership of the goods must have a clear title and the goods cannot be illegal to possess. Bartering for prescription pills when the pills are not prescribed from your doctor and dispersed for your personal use is illegal under Florida law.

What should you do if a person approaches you to barter for goods or services? Whatever you barter for is considered taxable income and must be assigned a value for the goods or services. It must also be reported to the IRS for the purposes of your taxes. The services or goods provided must be a legal activity or legal to possess. If a person wanted to barter and make payment with a car, it is important to confirm the car is not stolen and that the title on the car is clear and free of any liens. The same approach should be used when dealing with any motorized vehicle. An affidavit of ownership is a precaution that should be taken to protect a person receiving such an item as payment.

Bartering for goods and services is not for everyone and is not appropriate for every situation. A person should not be afraid to decline to barter for goods or services. While bartering can be a legitimate income source, it should be taken as seriously as if you are exchanging cash monies.

If you have questions about bartering or a prescription drug charge, do not hesistate to call our Florida drug crime defense attorneys at Rooth Law Group today: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.

Charges brought against fourth suspect in Tampa FL manslaughter case

blog@www.roothlawgroup.com (news Author)14636 — Mon, 10 May 2010 08:00:00 EST

Tampa police announced today that Ulysses A. Grant is the fourth suspect in a case of James Toney's death. Toney, 56, was found dead in a trash bin at 1947 W. Main St. While the autopsy has not been completed on the body, investigators have confirmed that a beating contributed to the death.

Three other men have been arrested as suspects in Toney's death on manslaughter charges in late April as well: Jarvis Troupe, 24, Keontrye R. Williams, 23, and Renell M. Little, 17. Williams and Little are being held without bail and Troupe is being held with bail set at $100,000.

Grant was arrested on February 27 on drug charges. He was released the same day with his bail set at $22,500.

Pain clinic owner admits to falsifying prescriptions

blog@www.roothlawgroup.com (news Author)14641 — Mon, 10 May 2010 08:00:00 EST

Today in Tampa, Troy Wubbena, 44, who owns and operates pain clinics throughout the Tampa Bay area and through Central Florida, pled guilty to federal drug conspiracy. Wubbena admitted that he obtained pain pill prescriptions without patients' knowledge and sold the pills. The pain clinic's co-owner Dr. Jeffrey Friedlander has already pleaded guilty to conspiracy to distribute several drugs, including oxycodone and Medicare fraud.

Wubbena, physician's assistant, faces up to 20 years in prison on the charge he admitted to today. The chain of pain clinics, which have now closed, were described by authorities as a "widespread, significant operation" to illegally peddle addictive drugs.

Court documents reveal that the pain clinics sold thousands of pain pills to high school students and addicts all over Florida. Wubbena directed and kept track of the sales in detail on 3 by 5 note cards. Federal authorities report that the operation focused primarily on the pain drug oxycodone and relied almost entirely on blank prescription forms signed by Friedlander and filled out by the pain clinic employees, including Wubbena.

Wubbena has admitted using pre-signed forms. He, and others under his supervision, filled them out for oxycodone in the names of clinic patients, filled the prescriptions at pharmacies, then sold the tablets. Wubbena obtained more than 15,000 oxycodone tablets this way, according to the plea agreement in this case.

In another case, Hillsborough County Sheriff's deputies went undercover and this led to charges against Wubbena for conspiring with Friedlander and others to distribute the prescriptions to clinic patients without performing the requisite examinations and tests.

If you need representation for your prescription pill charge, do not hesistate to contact our experienced Pinellas drug crime defense attorneys at Rooth Law Group for a free consultation.

Study Shows Older is Really Wiser

krooth@roothlawgroup.com (blog Author)31277 — Mon, 10 May 2010 08:00:00 EST

New study shows that you may want to listen next time grandma wants to impart some words of wisdom: older really does equal wiser!

Studies have long shown that many cognitive skills decline with age. For example, older people do not process information as quickly as younger people. Older people have lower "fluid intelligence scores" than individuals in their 20s through 50s, which indicates lower ability to analyze logical patters and perform abstract reasoning. Older people are also more easily distracted.

However, there is a new study that shows one cognitive area that clearly improves with age: wisdom. The study from The Proceedings of the National Academy of Sciences, conducted by Igor Grossman, a University of Michigan psychologist, indicated that "older people had wiser abilities to resolve conflicts." Even when the study controlled for differences in socioeconomic status and education level, the differences were significant.

The wisest 20 percent of individuals were nearly 65. The average age of the less-wise was approximately 45 years old (totalling 80% of the group studied).

Texting-while-driving ban closer to Florida law

blog@www.roothlawgroup.com (news Author)14130 — Mon, 19 Apr 2010 08:00:00 EST

Texting while driving may soon become a crime in Florida.

The pending laws are not just targeting texting, but would also impose fines on anyone using a wireless device with one hand while using the steering wheel with their other hand, even if they are only reading a text message.

The proposed laws making their way through the Legislature and are limited in their scope in that they only allow a driver to be cited for texting if the driver was already pulled over for a different offense, for example, speeding.

Senator Nancy Detert is the sponsor of one of the main anti-texting bills and points out the legislation would make Florida consistent with federal law that encourages states to ban texting while driving in order to receive certain federal funds.

On a unanimous vote, Detert's bill went through a Senate committee on Transportation and Economic Development Appropriations and presently goes to the full Senate, at the same time an identical bill in the House is going quickly through committees.

Various organizations such as American Automobile Association have long supported these types of texting and driving bans politically. Over two dozen states have some ban on texting while driving, and studies have shown that Connecticut, New York, and the District of Columbia have cut driving while talking on a phone by over 40 percent.

However, one study by the Insurance Institute for Highway Safety cast some question of the effectiveness of these laws, and suggest there may be no indication the new laws have decreased the accident rate.

Advanced Directive Awareness Necessary as Ever, 5 Years After Schiavo Death

krooth@roothlawgroup.com (blog Author)29264 — Wed, 31 Mar 2010 08:00:00 EST

Americans today are no closer to making end-of-life plans, five years after Terri Schiavo’s death following a lengthy legal battle over her “right to die.” The majority of Americans do not have the legal documents specifying how far to allow caregivers to go in keeping them alive artificially.

Five years ago today, Terri Schiavo died after a long and controversial legal battle between her husband and parents. Schiavo first collapsed in her St. Petersburg, Florida home in 1990. Her heart stopped and she suffered irreversible brain damage that left her in a permanent vegetative state.

Schiavo had no advanced directive or living will in place. Schiavo’s husband argued that his wife would not have wanted to live in a vegetative state but her parents wanted her to be kept alive. What followed was a huge battle in the court system that spanned multiple jurisdictions, including the United States Supreme Court. Ultimately, the court ordered Schiavo’s feeding tube to be removed and she died two weeks later.

The Schiavo case brought much-needed awareness to the necessity for an individual to have legal documents specifying how far caregivers should go in keeping them alive artificially. These documents are called advanced directives or living wills and usually specify the individual’s wishes regarding life-support devices, such as feeding tubes and respirators, and to what extent the individuals wishes to be kept alive in the event of coma, brain damage, and other similar conditions.

Americans reacted to the Schiavo case by increasingly completing advanced directives and living wills. However, it does not appear that the momentum of this movement has continued over the past five years.

Americans have witnessed how Schiavo’s “worst case scenario” played out tragically in the courts and between her family members. They are aware of the perils of not have an advanced directive in place, yet there are only 20 to 30 percent of adults in the United States with advanced directives. This is the same percentage that existed before the Schiavo case.

End-of-life documents, especially in a situation where family members may disagree, are essential. However, a family discussion may be even more important. You should communicate your views with your family, especially if they change.

Why is the percentage of Americans with advanced directives still so low? People may not be sure about what they want to take place in the event of a catastrophe. They may fear they are signing away the ability to receive life saving treatment. Because people’s wishes change over the years, they may believe memorializing their present desires will bind them even if they change their minds later.

In the event of pending death, most people simply want to be at home with their family and not in pain. They are not prepared to discuss life support treatments until they are faced with a real life health scare. These issues are worth discussing with an elder law attorney who can explain the various options available to you.

How Jail Time Credit Applies to Concurrent or Consecutive Sentences

krooth@roothlawgroup.com (blog Author)28978 — Fri, 26 Mar 2010 08:00:00 EST

A commonly confusing aspect of sentencing that arises in a criminal case is the difference between concurrent and consecutive sentences and how credit for time served applies to these sentences. Generally, concurrent sentences run at the same time, while consecutive sentences run back to back. "Time served" is jail time credit the defendant receives from the period he was in jail waiting for resolution of his criminal case. The time served period is subtracted from the total sentence the defendant ultimately receives.

In a recent Second District Court of Appeal case, Eddie Lee Steadman v. State, the 2nd DCA considered how jail time credit should apply to sentencing. This case involved defendant Steadman, who was convicted for a variety of crimes, including burglary of a conveyance, grand theft, aggravated assault, fleeing or eluding, driving with a suspended license, and giving false information to law enforcement. Most counts were given concurrent sentences, while others received a consecutive sentence. The trial court gave Steadman jail time credit on the concurrent counts but not the consecutive counts.

Steadman challenged his sentence on the grounds that the trial court should have credited him for time served in jail while he was waiting to be sentenced on the consecutive counts. The 2nd DCA held that Steadman properly received jail time credit on all of his concurrent sentences and did not get credit on the consecutive sentences. The court cited Florida law stating that a defendant's time in jail prior to sentencing is different from time served as part of the defendant's sentence. The general rule is that when convicted of multiple offenses, a defendant is only allowed to receive presentence jail credit on the first of his or her consecutive sentences only, not all of them. Therefore, the trial court properly calculated Steadman's jail time credit.

If you have any questions about whether your sentence was properly calculated, or any other questions about legal representation for your criminal charge, do not hesitate to contact St. Petersburg criminal defense attorneys at Rooth Law Group for a free consultation today.

Human Bones Yet to Lead Authorities Closer to Resolving Tampa Death

blog@www.roothlawgroup.com (news Author)13620 — Wed, 24 Mar 2010 08:00:00 EST

Six years after Lisa Ann Mowrey disappeared, her bones were discovered on the side of Interstate 75. However, authorities appear to be no closer to solving the mystery surrounding Mowrey's death. The police are waiting for a cause of death finding from the Medical Examiner's Office, which was initially able to identify the body by Mowrey's dental records.

Mowrey was eighteen years old when she left home to catch a bus to go to class and was never heard from again. At the time she disappeared, Mowrey had been staying with a high school teacher, Dawn White, after graduation due to family issues. The teacher persuaded her not to run away from home and instead, come live with her.

The police had previously been called to the Mowrey family business because of a domestic incident where Mowrey was the reported victim and her father was the alleged abuser. The case was later dropped due to lack of proof and no one was ever arrested.

Mowrey was the oldest of her siblings, played volleyball, and wanted to be a veterinarian. White observed Mowrey acting strangely prior to her disappearance, crying often and acting skittish. White later learned Mowrey suffered from bipolar disorder and depression.

Florida in Middle of Texting While Driving Debate

blog@www.roothlawgroup.com (news Author)13347 — Thu, 11 Mar 2010 08:00:00 EST

Yesterday, a Florida House committed unanimously pushed forward a bill that would make texting while driving a secondary offense. The proposed law also prohibits drivers from reading from wireless devices while driving.

Originally, the proposed bill would have made texting while driving a primary offense. However, after over an hour of debate, the committee pushed forward a "softer" version of the bill, which requires a police office to have another reason to stop the driver and write a citation. A first-time offender could face a $30 fine, as well as court costs. A second-time violator within five years would constitute a moving violation, and the texting driver would have to pay $60 as well as court costs. Lawmakers decided that the compromised bill would be better than taking no action at all.

Over a dozen similar bills have been proposed in the House and Senate this year, but this proposal by Rep. Doug Holder, R-Sarasota is the most supported texting while driving bill so far.

At least 19 states have passed texting while driving bans in recent years. The U.S. Department of Transportation reports that distractions caused by mobile devices lead to 6,000 deaths per year on U.S. highways. Over 135 billion text messages were transmitted over a one-month period in the U.S., which is an 80% increase since 2008.

If you have any questions about a traffic violation you have been charged with, do not hesitate to contact St. Petersburg traffic attorneys at Rooth Law Group for a free consultation, 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.

A Unique Look at Aging and Needs of the Elderly

blog@www.roothlawgroup.com (news Author)13176 — Mon, 01 Mar 2010 08:00:00 EST

A recent New York Times article discusses a unique perspective on aging. The writer, a doctor named Marc Agronin, visited a 93 year old woman in a nursing home, and expressed sympathy for her husband who had recently passed after 73 years of marriage. The doctor was surprised when the woman described her husband's loss as "heaven." She had finally attained some freedom in her life after a long and unhappy marriage. She embraced nursing home life as it was a new beginning and surrounded herself with new friends and activities she had never previously been able to partake in.

Agronin bemuses the fact that in our youth-centered culture, we often view aging as a negative: "life seems to end at the nursing home door - that it is loveless and lonely, with death hovering close by." The reality, he observes, is that many of his older patients experience new love and the beginning of a new life. Surprisingly, Agronin states that after 15 years of experience working in nursing homes, he has never encountered a patient who was afraid of death. Some accept it while others anticipate it.

To read the full article, click here.

At Rooth Law Group, we also spend a lot of time with the elderly and work to meet their unique needs. While we help our client face various legal challenges, the majority of our work involves careful planning, and thus, taking preventative measures to avoid undesired consequences in the later years of life.

Similar to Agronin's observation of his patients, Rooth Law Group attorneys do not perceive aging as a negative to our elder law clients. Our elder law clients are conscientious individuals who want to resolve problems before they actually arise and work with a professional to ensure their loved one's are protected and provided for.
Therefore, we exist to serve our clients in preparing them for what can be the most joyous and peaceful time of their lives.

If you have questions about estate planning or other elder law issues, please contact Rooth Law Group to schedule a consultation. We can be reached at: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.

Helping Family in Tough Economic Times

krooth@roothlawgroup.com (blog Author)26860 — Wed, 17 Feb 2010 08:00:00 EST

In planning for the future, we often want to help our heirs, including our children, nieces and nephews, and even friends. The current recession, however, has interfered with those plans for many elderly people today. The stock markets have plummeted and interest rates are paltry. Retirees do not have future decades to make up for these huge losses. Despite good intentions and responsible financial decisions over the years, many people have found themselves in an unexpectedly vulnerable economic circumstance where they are barely able to provide for their own futures, let alone the future of others.

If you have found yourself in these unfortunate financial circumstances, you may need to reconsider your desire to leave a generous inheritance to your heirs. First and foremost, you are entitled to your savings and should use them to meet your needs. Taking care of yourself allows you the freedom to not be a burden upon your children or other family and this is itself a huge accomplishment. Having extra funds to enjoy your retirement is not to be frowned upon either- after all those years of hard work, surely you deserve as much!

Any parent understands the desire to help their children, financially and otherwise. Like everyone else, adult children are likely hurting in this economy. Your children may turn to you as a source of financial assistance to get through a loss of a job or poor economic decision.

Before you hand over your retirement savings, consider first, whether can you easily afford it? This desire to help is a natural wish for any parent but it should not be done at the risk of your own financial future. In dealing with the elderly, we have seen too many times, situations where well-intentioned parents are left with nothing after a lifetime of work because they were compelled to "help" their adult children who have made bad financial decisions. If you think helping them with risk your financial future, then you may need to tell them you simply cannot afford it.

Second, know where to draw the line if you do decide to help financially. The last thing you want to do is lose your life savings in the process of enabling your adult children. Keep in mind that they are adults and your parental duty also includes teaching them to take responsibility and face consequences for their own personal and business decisions. Your adult children should not feel entitled to your savings and you should not enable them to be dependent upon you.

Finally, whatever your plans are, be sure to communicate your intent to your children. The discussions you have should not be limited to the monetary inheritance you intend to leave alone. Family keepsakes and mementos also have value, if not financial, then sentimental and your heirs should have an idea of who you desire to receive what.

To discuss the future of your estate with elder law professionals, please contact Rooth Law Group today to schedule a consultation.

Toyota Triggers Chain-Reaction Crash in St. Petersburg

blog@www.roothlawgroup.com (news Author)12574 — Tue, 02 Feb 2010 08:00:00 EST

On Monday night, driver Hoai Luong of St. Petersburg lost control of a Toyota Camry owned by Tuan Minh Tran, accelerated, and crashed into Luis Anaya-Munoz, who was driving a Chrysler sedan in front of Luong. Munoz then struck the car before him. Luong's car flipped and slid through the intersection, finally hitting a Nissan sedan. The drivers and their passengers sustained minor injuries and were taken to nearby hospitals to be treated.

Luong blames a faulty gas pedal for her loss of control of the Camry. Investigators report that two hard plastic mats covered the floorboards and factory floor mats on both the driver and passenger sides of the Camry. Whether the crash was influenced by a faulty pedal can be determined by a certified mechanic.

Sales were halted on eight models of Toyotas that were recalled last week. Luong's Camry may have been effected by the recall. The police are still investigating what caused the crash.

Truck Crashes Through Tampa Home and Injures Boy

krooth@roothlawgroup.com (blog Author)25637 — Mon, 25 Jan 2010 08:00:00 EST

In Tampa, seven children were sleeping in their home when a truck crashed through their home shortly after midnight on Saturday. Seventeen year old Guillermo Rosales ran a stop sign and drove a Ford truck through a Tampa yard and home, owned by Susan Baxter-Dunning. Joseph Vanhouse, a nine year old boy, received a fractured skull and is presently recovering in intensive care at S. Joseph’s Hospital.

Rosales smashed his truck through the house’s wall and through the home, pushing the sofa that the boy was sleeping on for 25 feet. When the truck stopped moving, the boy was under it. The damage could have been much worse as the other children often slept in the area that was the truck’s pathway through the home. Vanhouse’s four year old sister had been sleeping in a chair that the truck smashed before her mother placed her in bed that night.

Investigators are waiting on toxicology tests before they decide if they will charge Rosales, who suffered minor injuries from the car crash.

Tampa to Install Cameras at Dangerous Intersections

blog@www.roothlawgroup.com (news Author)12291 — Thu, 21 Jan 2010 08:00:00 EST

The City of Tampa is soliciting bids for the installation and operation of red-light cameras at ten high-accident intersections. Installation should be complete in 1-2 months. Other cameras have already been installed in Port Richey, Lakeland, and Temple Terrace. Temple Terrace has made over $1.4 million in fines since October 2008 when its cameras were installed. Hillsborough County anticipates making approximately $2.4 million a year.

Arguments in favor of the cameras include the notable decline in fatal "T-bone" crashes, which resulted in 10% of Tampa's fatal accidents last year. The cameras provide compelling evidence of traffic violations, holding vehicle owners (not necessarily the drivers) accountable because notices are sent to the vehicle owner's address. Of course, the cameras also provide the county with substantial revenue.

Teen Reports Dad Driving Drunk

blog@www.roothlawgroup.com (news Author)12276 — Wed, 20 Jan 2010 08:00:00 EST

On Monday morning, Gary Joe Greer of Tampa was arrested for driving under the influence after his thirteen year old son called 911 and reported that his father was driving drunk. Greer was driving and arguing with an adult passenger in his car, while his two year old and thirteen year old children were also in the vehicle.

Hillsborough County deputies report that Greer was unsteady on his feet and had bloodshot eyes. Greer refused an interview but allegedly told the officers, "I'm drunk," and "take me to Orient" (referring to Orient Road jail in Tampa). The officers complied. Greer has been charged with driving under the influence, driving without a license and two counts of child neglect. This was Greer's third DUI in ten years.

Ringling Students Suffer Carbon Monoxide Poisoning

blog@www.roothlawgroup.com (news Author)12175 — Tue, 12 Jan 2010 08:00:00 EST

Six Ringling College of Art and Design students are suffering from carbon monoxide poisoning and presently recovering at Sarasota Memorial Hospital. Ringling owns the campus housing where these students reside, and it is the only campus housing facility that has gas heat. The property is not equipped with a carbon monoxide detector.

Ringling officials state that because a carbon monoxide detector is not legally required, it did not occur to anyone to install the detector. Ringling has begun taking out all gas applicances from the house so they can be replaced with electric devices.

Sarasota County's fire captain requests that anyone using a gas heater install a carbon monoxide detector in their home.

Sweat Ankle Monitors Holding DUI Violators Accountable under Florida Law

krooth@roothlawgroup.com (blog Author)24783 — Sun, 10 Jan 2010 08:00:00 EST

A DUI sentence usually involves either jail time or probation. Defendants can be released on bail as they wait for their pending trial. Judges usually order these individuals to stop drinking alcohol while they are released or on probation. The challenge is, how do authorities ensure that defendants are complying with this requirement?

There are various ways to hold the defendants accountable, such as mandatory AA meetings, visits to probation officiers, and random urine sampling. If they fail to comply, the defendants face more possible jail time. A relatively new method of implementing the Tampa Bay area justice system's anti-alcohol strategy involves requiring defendants convicted of driving under the influence to wear an alcohol monitoring device 24 hours a day on their ankle as part of their DUI sentence.

The device used to hold the DUI defendant accountable is called the Secure Continuous Remote Alcohol Monitor (more commonly known as the "SCRAM Monitor"). The monitor was originally made famous when it was worn by Lindsey Lohan and is currently used on Pinellas, Hillsborough and Pasco counties. DUI defendants wear the monitor on their leg, above the ankle. The monitor samples sweat from the skin every 30 minutes and sends results to a centralized computer and ultimately, to the court. The monitor contains anti-tampering technology and for example, was able to catch the individual who stuck baloney between his skin and his monitor in an effort to avoid the monitor's picking up the alcohol in his sweat.

The monitors are pricey- $10 a day! About 50 are in use at any time in the Tampa Bay area and over 10,000 SCRAM Monitors are used nation-wide. The SCRAM Monitors have been shown to be effective for continuously monitoring serious alcohol offenders and domestic violence offenders whose crimes often involve alcohol. After wearing the monitor over a period, DUI offenders report finding their alcohol cravings subside and become optimistic they are able to stay away from drinking.

If you have questions about the SCRAM anklets or your DUI charge, do not hesistate to contact St. Petersburg DUI defense lawyers at Rooth Law Group for a free consultation today.

Parents of Boat-Crash Victim Sue Liquor Store for Wrongful Death

krooth@roothlawgroup.com (blog Author)24228 — Wed, 30 Dec 2009 08:00:00 EST

A St. Petersburg High student, Paige Davison, was killed in a boating accident six weeks ago. Davison’s parents have since filed a wrongful death lawsuit against a local liquor store for being partially responsible. Davison died when the boat she was in collided with a jetty by Albert Whitted Airport. The accident is under investigation and officials report that alcohol may have played a role in the accident.

The wrongful death action claims a St. Petersburg convenience store, the Quick Thru, located at 4025 Fourth St. N., sold alcohol to the teenage boys who drove the boat and that the store has a reputation in the community for being willing to sell alcohol to minors. The lawsuit also names the teenagers who were operating the boat, and one teen’s parents, as defendants. It alleges the teenagers purchased beer from the Quick Thru after buying rum for an unknown liquor store, and that the Quick Thru owner was working that night and did not ask the teenagers about their age. The Quick Thru owner denies all the claims.

Train Derailing Causes Fuel Spill in Bradenton

blog@www.roothlawgroup.com (news Author)11835 — Tue, 22 Dec 2009 08:00:00 EST

A 150 gallon fuel spill took place this morning in Bradenton by a CSX railroad track after six train cars derailed. The cars derailed away from traffic, on private property, and no one was injured. Officials are still investigating the cause for the crash. CSX authorities are in the process of cleaning up the fuel spill.

Pregnant or Breastfeeding When Injured? The Jury Should Get to Know

krooth@roothlawgroup.com (blog Author)23533 — Wed, 16 Dec 2009 08:00:00 EST

Last month, in Martinez v. United Automobile Insurance Company, a circuit court in Miami-Dade County evaluated whether the trial court erred in withholding evidence that the insured was pregnant when the accident occurred.

The court determined the jury should have been told about the pregnancy because the pregnancy materially affected how the doctor was able to treat the insured’s injuries. After the accident, the insured met with a board certified orthopedic surgeon who was limited in what he could do in light of the pregnancy. He did not order x-rays or prescribe pain medication. Rather, he gave the insured a neck brace, an orthopedic pillow, and recommended hot towels and exercise for pain relief. During later visits to the doctor, the insured had given birth but was breastfeeding so the doctor still did not prescribe pain medication. Later, an MRI was ordered and reviewed two herniated disks in her back and neck.

The insurance company’s own medical expert determined only three of seven visits to the orthopedic surgeon were reasonable. The trial court granted the insurance company’s motion for a directed verdict and an appeal followed.

The circuit court found that the jury should have determined the issue of reasonableness and evidence of the pregnancy should not have been limited. The insured was unable to receive the customary plan of treatment until she had given birth and completed breastfeeding. By not allowing the jury to understand the reasons for the insured’s specific treatment, the jury may have decided the treatments were unreasonable.

Contact Rooth Law Group for a free consultation about your automobile injury today.

$5.75 Million Settlement due to Drownings Upheld in Federal Court

blog@www.roothlawgroup.com (news Author)11698 — Tue, 15 Dec 2009 08:00:00 EST

A 2005 Florida Supreme Court case held that not only private landowners, but cities, had a duty to warn beachgoers about dangerous conditions. Twelve years ago, Zachary Breaux and Eugenie Poleyoff were caught in a riptide off Miami Beach and drowned.

The city of Miami Beach negotiated a settlement with the drowning victim's estates and Miami Beach's insurance company refused to pay the settlement amount. Yesterday, U.S. District Judge Alan S. Gold held that the insurance company must pay the settlement; however, the insurance company could still appeal this ruling.

University of Tampa student injured in car crash

blog@www.roothlawgroup.com (news Author)11426 — Tue, 24 Nov 2009 08:00:00 EST

Several University of Tampa students were injured in a car crash around 3:22 am this morning on Davis Islands in Hillsborough County.

Michelle Sams, 20, is in critical condition today at Tampa General Hospital after the car in which she was seated in the back seat drove into a concrete garden wall. Michael Fernand, 20, was driving the car with Sams and Jorge Jimenez, also 20, as passengers. Fernand lost control of the vehicle, hit a curb and slammed into the concrete wall. Fernand and Jimenez sustained minor injuries.

Dangers of Texting While Driving

krooth@roothlawgroup.com (blog Author)22071 — Thu, 19 Nov 2009 08:00:00 EST

25% of teenagers age 16-17 admit to texting while driving. Almost half of Americans age 12 to 17 say they’ve been in cars with a driver who texted behind the wheel. Florida Governor Charlie Crist endorsed a ban on texting while driving this week. Crist said, “It’s important that we do everything we can to make sure that our fellow Floridians are safe. The obvious danger of it (texting while driving) is absurd.”

Florida’s executive director of the Department of Highway Safety and Motor Vehicles, Julie Jones, stated that public opinion has shifted to support a crackdown on texting while driving due to the number of fatal accidents caused by texting while driving.

The National Highway Traffic Safety Administration reported that drivers younger than 20 had the highest distracted-driving fatality rate among all age groups last year and drivers age 20 to 29 ranked second. Last year, at least 5, 870 people died and 515,000 people were injured in accidents attributed to distracted driving.

Statistics show texting while driving is more dangerous than driving under the influence of alcohol! We at Rooth Law Group, P.A., see everyday the dangerous results of DUIs and urge you to refrain from texting while driving with equal caution.

What is Restitution and How is it Calculated under Florida Law?

krooth@roothlawgroup.com (blog Author)22013 — Wed, 18 Nov 2009 08:00:00 EST

Restitution is an equitable remedy whereby the court orders the defendant to pay back the damage caused to the State and victim. Florida law provides that the court must consider the amount of the loss sustained by the victim as a result of the offense to determine whether to order and the amount of restitution.

In a recent Second District Court of Appeals case, G.M.H. v. State, the defendant was adjudicated delinquent for burglary of a dwelling and grand theft of a dirt bike. The court evaluated whether the award of restitution amounting to $1062 was proper.

The victim purchased the 2003 Suzuki dirt bike for $1350. The bike sustained damages and had missing parts from the theft. The victim made some repairs but not all, and traded the bike for another “of equal book value.” The victim’s mother testified as to the amount spent for replace parts and submitted a list of prices for all needed repairs requesting $1062.

The defendant objected to hearsay in the damages evidence. The state conceded this point on appeal and argued that restitution should include any diminution in the bike’s value before it was traded. Generally, restitution is calculated based on the property’s fair market value at the time of the offense. The restitution amount must be offset by the salvage value of the property returned. The court reversed and remanded for a new restitution hearing where the State could present admissible evidence of the loss amount sustained by the victim.

If you have questions about restitution owed in your criminal case, call St. Petersburg criminal defense lawyers at Rooth Law Group today for a free consultatio at 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.

Tampa Man Arrested for Calling 911 Requesting Sex

blog@www.roothlawgroup.com (news Author)11286 — Mon, 16 Nov 2009 08:00:00 EST

Last week, a Tampa man, 29 year old Joshua Basso, was arrested for repeatedly calling 911 asking for sex. Basso made sexual comments to the 911 dispatcher and requested to come to her home. The dispatcher hung up but Basso called back four additional times.

Basso was arrested 15 minutes later and charged with making a false 911 call. He allegedly told officers that he did not realize he would get in trouble for calling 911 and claimed it was the only number he could dial after he ran out of cell phone minutes.

Basso is presently being held without bond. It appears that he has been arrested for theft and other crimes dating back to 2001.

When is Post-Conviction DNA Testing Proper?

krooth@roothlawgroup.com (blog Author)21257 — Thu, 05 Nov 2009 08:00:00 EST

DNA testing can play an important evidentiary role in a criminal case. However, the law regulates circumstances where it can be used. On October 15, 2009, in Scott v. State, the Florida Supreme Court affirmed the trial court’s decision that Paul Scott, who was convicted of first-degree murder of James Alessi, was not entitled to post-conviction DNA testing because he failed to show there was a reasonable probability that test results would exonerate him of the crime or lessen his sentence.

Alessi died from a compressed skull fracture after receiving six blows to his head with a blunt object. Evidence showed that Scott and his co-defendant, Richard Kondian, told a third party their plans to rob and kill Alessi. The next morning, Alessi’s body was found in his home, with his hands and feet tied together, nude, and covered with blood. There were blood stains throughout the house, as well as broken objects, indicating a violent struggle had taken place. Scott’s fingerprints were located throughout the home, including on a bloodstained knife.

After conviction, Scott requested DNA testing of blood stains from areas of the crime scene. The court reasoned that whether or not Scott’s blood was present has no relevance on whether he committed the crime because his presence at Alessi’s home was undisputed. The court also deemed Scott’s claim that he was constitutionally entitled to a right of access to DNA evidence procedurally barred because he did not present this argument to the trial court.

Contact St. Petersburg criminal defense attorneys at Rooth Law Group today for a free consultation about your criminal charge or appeal.

Tampa Couple Charged with Robbery Home Invasion

blog@www.roothlawgroup.com (news Author)11167 — Tue, 03 Nov 2009 08:00:00 EST

According to Hillsborough County deputies, Tampa residents, Robert Burke and Chelsea Thompson, entered a Tampa home on Monday and struck the resident in the head several times with a gun. The couple were arrested at their home yesterday and charged with robbery-home invasion. Burke was also charged with being a felon in possession of a firearm and aggravated battery with a deadly weapon.

Burke and Thompson allegedly entered the home through an unlocked back door and demanded money from the victim. They then struck the victim on the head three times with the butt of the handgun.

Deputies report that Burke and Thompson know the victim and a search of the defendants' home revealed a loaded 9 mm handgun in their bedroom closet.

Ex-MacDill Sergeant Accused of Murder Denied Expungement Request

blog@www.roothlawgroup.com (news Author)11117 — Fri, 30 Oct 2009 08:00:00 EST

Charles Harman, a former MacDill Air Force Base sergeant who was charged with murdering his wife, is not entitled to have his arrest records destroyed for now.

Harman was accused of fatally shooting his wife, Emily Rykwalder, during a domestic dispute at their home. The second-degree murder charge was dropped after authorities were unable to determine whether Rykwalder’s death was suicide, homicide, or murder.

Harman claimed his wife committed suicide and brought a civil lawsuit against the Hillsborough County Sheriff’s Office and Detective Francis Losat, claiming Losat arrested Harman without performing a proper investigation and Harman was wrongly incarcerated for over 60 days.

Last week, Circuit Judge Manuel Lopez denied Harman’s request to expunge records of his 2005 arrest. The same issue came before the court last year, and expungement was denied due to the seriousness of the charge and on the grounds that Harman had been involved in a previous domestic violence incident. Authorities claimed Harman choked his first wife, Amber, threatened her with a knife, stating he would kill her. An appellate court reversed that ruling because the State did not provide evidence of the previous domestic violence dispute.

At the October 21, 2009 hearing on the renewed expungement request, Assistant State Attorney Michelle Doherty provided the court with a transcript of Amber Harman’s testimony regarding the domestic violence incident, which satisfied the appeals court ruling. Doherty and the sheriff’s office lawyer A. Michael Perotti claimed that expungement would render the sheriff’s office incapable of defending itself in the civil lawsuit.

Harman’s attorney, Richard Harris, argued that Harman had met all statutory requirements to have his records expunged. Also, Losat arrested Harman in bad faith and lied to the medical examiner about Harman’s statement following Rykwalder’s death.

Judge Lopez reserved ruling and will likely make his decision when the civil lawsuit ends.

Teacher's Lawyer Argues Sex Texts Illegally Obtained

blog@www.roothlawgroup.com (news Author)11069 — Wed, 28 Oct 2009 08:00:00 EST

Stephanie Ragusa, 30, a former teacher at Davidsen Middle School, has been accused of having sex with two male students and was charged with lewd and lascivious battery and unlawful sexual activity with a minor. Ragusa has been in jail 548 waiting for trial.

Ragusa's attorney, Robert Herce, is now moving to exclude incriminating evidence on the grounds that it was illegally obtained. The evidence at issue are hundreds of steamy text messages exchanged between Ragusa and one of the students. For example, Ragusa writes, "The sex was amazing," to which the student replies, "YES I KNOW!"

The Hillsborough County Sheriff's Office received the court's permission to obtain over two weeks worth of Ragusa's cell phone records. Herce claims that Florida law requires a search warrant, not simply a court order, to release stored text messages.

Hillsborough County Circuit Judge Wayne Timmerman is scheduled to rule on this issue on December 10.

Failure to Comply with Juvenile's Right to Counsel Procedure Results in Reversal of Delinquency

krooth@roothlawgroup.com (blog Author)20636 — Tue, 27 Oct 2009 08:00:00 EST

Florida Juvenile Procedure Rule 8.165 requires the trial court advise a child of the child’s right to counsel. Unless the child waives the right to counsel at every stage of the proceeding, the court must appoint counsel.

Earlier this month, in A.M.E. v. State, the Second District Court of Appeal (“DCA”) reversed the trial court’s disposition order, which adjudicated defendant juvenile A.M.E. delinquent on charges of burglary of an occupied dwelling and petit theft, and committed her to a moderate risk facility under she turned nineteen years old.

At her first court appearance, A.M.E. waived her right to an attorney, signed a waiver of counsel, and entered a guilty plea. She later returned to court for a disposition hearing, where the trial court did not renew its offer of counsel prior to adjudicating A.M.E. delinquent.

The Second DCA found that the waiver form and the trial court’s abbreviated colloguy were inadequate to comply with the requirements under Florida Juvenile Procedure Rule 8.165. The trial court also failed to thoroughly inquire into A.M.E.’s understanding of the offer of counsel and failed to properly renew the offer of counsel at the disposition hearing. Accordingly, the Second DCA found that the trial court’s failure to comply with Juvenile Procedure Rule 8.165 constituted reversible error and reversed its order adjudicating A.M.E. delinquent.

If you have any questions about a burglary, theft, or juvenile charge, or any other criminal defense questions, please contact St. Petersburg criminal defense lawyers at Rooth Law Group today.

Hulk Hogan's Son Excused From Deposition Due to Movie Filming Conflict

blog@www.roothlawgroup.com (news Author)10915 — Wed, 21 Oct 2009 08:00:00 EST

Today, a Pinellas-Pasco Circuit Court Judge W. Douglas Baird excused Nick Bollea from travelling to St. Petersburg, Florida for deposition from California where Bollea is presently residing. Nick Bollea’s lawyer, Stuart Freeman, argued that Bollea was unavailable for a previously scheduled deposition next week because he is currently filming a movie called “Kill Katie Malone.” Judge Baird agreed that the law did not require Bollea to travel out of state to be deposed. Freeman offered to provide Bollea for deposition at a later date. Bollea’s case is set for trial in March.

Nick Bollea, and his parents, former wrestler Hulk Hogan and Linda Bollea, are defendants in a law suit filed by the guardian of John Graziano. On August 26, 2007, Graziano was a passenger in Bollea’s car during a car wreck that left Graziano with permanent brain damage. Bollea was the driver. He pled no contest to a reckless driving with serious bodily injury charge and served eight months of jail time. Bollea also received five years of probation, 500 hours of community service, and a strict order to avoid alcohol through the probationary period. His driver's license was revoked for three years and he was required to attend DUI school. In his criminal case, Bollea was represented by Kevin Hayslett from The Law Offices of Carlson & Meissner.

Road Rager Attacks Elderly Man and Receives Probation

blog@www.roothlawgroup.com (news Author)10901 — Tue, 20 Oct 2009 08:00:00 EST

This July, St. Pete Beach resident, George Hall, attacked an elderly driver, Nathan Snyder, in the Palms of Pasadena hospital parking lot. Snyder was at the hospital to visit his wife who was recovering from a pacemaker replacement. During the attack, Snyder, who had a concealed weapons permit, pulled out a handgun that was in his car. Snyder fired the gun, hitting Hall in the arm. The State did not charge Hall, concluding that he acted in self-defense. The arrest report stated Hall was upset with Snyder because 83 year old Snyder cut Hall off on the road near the hospital so he followed Snyder to the hospital and attacked him.

Hall pleaded no contest to the charge of battery on a person over age 65, and adjudication was withheld. He was represented by defense attorney, Roger Futerman, who maintains that the case was not clear cut because Hall was injured too. Hall felt Snyder overreacted and shouldn’t have been carrying a loaded gun. Hall believes Snyder should have been charged with attempted murder.

On Monday, Pinellas-Pasco Circuit Judge Timothy Peters gave Hall two years of probation and no jail time. This order angered Snyder’s family because Snyder was seriously injured. Snyder suffered from a fractured hip, spent almost a month in the hospital, and underwent two surgeries. Snyder’s family members expressed concern about the message that this ruling sent to the community: commit road rage, seriously injury an elderly gentleman, and receive a slap on the wrist.

U.S. Immigration Authorities Report 223 Gang Arrests in Florida

blog@www.roothlawgroup.com (news Author)10866 — Sat, 17 Oct 2009 08:00:00 EST

U.S. Immigration authorities report that during the previous fiscal year, 223 gang members and gang associates were arrested in Florida. These individuals were charged with attempted murder, robbery, and a variety of weapons and drug charges.

U.S. Immigration and Customs Enforcement (ICE) began Operation Community Shield in February 2005. Operation Community Shield is a national law enforcement initiative targeting violent street gangs across the country through ICE’s expansive law enforcement powers, which includes the authority to deport criminal aliens.

Through Operation Community Shield, federal, state and local law enforcement agencies are able to join forces in arresting and prosecuting gang members. Operation Community Shield’s unique and powerful role has resulted in 1,785 arrests in 89 cities across the nation. Florida immigration officials state that Operation Community Shield has assisted in shutting down or disturbing many gang and drug trafficking groups across the state.

Contact St. Petersburg drug charge defense attorneys at Rooth Law Group if you have any questions about drug charges pending against you or a loved one.

Criminal Mischief Conviction Upheld, Probation Term Sentence Reversed

krooth@roothlawgroup.com (blog Author)20135 — Fri, 16 Oct 2009 08:00:00 EST

On June 26, 2009, in Smith v. State, Pinellas Circuit Court Judge R. Timothy Peters affirmed Gail Laverne Smith’s conviction of Criminal Mischief, a second degree misdemeanor, and reversed her sentence.

The victim’s car had been scratched while the victim and Smith were dating the same man. The victim testified Smith had called her repeatedly that day and Smith testified the victim had called her about ten times. The victim testified that in one phone conversation, Smith said, “Who scratched your car?” The victim responded, “You’re a dumb-A.” Smith then said, “That’s right, B, and there’s more to come.” The jury found Smith guilty and the trial court placed her on probation for twelve months.

Smith moved for a judgment of acquittal based on the argument that the State failed to prove identity. The trial court disagreed with that argument because the State established a prima facie case of guilt: the victim testified her car had been scratched twice, the police officer saw the damage to the car, photographs of damage were admitted into evidence, the victim testified regarding repeated phone calls and incriminating statements on the calls. Smith’s request for judgment of acquittal was denied. Because Smith’s probation term exceeded the statutory maximum, her sentence was reversed.

If you have any questions about your Criminal Mischief charge or any other misdemeanor, contact St. Petersburg criminal defense attorneys at Rooth Law Group today.

Animal Cruelty Videos: Protected Free Speech?

blog@www.roothlawgroup.com (news Author)10832 — Wed, 07 Oct 2009 08:00:00 EST

On October 6, 2009, the U.S. Supreme Court heard oral arguments on the issue of whether it was constitutional for Congress to prohibit the broadcasting of a “Human Sacrifice Channel” in the United States. The facts of the case involve a federal appellate court that struck down a law against selling videos containing scenes of animal cruelty, on First Amendment freedom of speech grounds.

The Court seemed reluctant to resurrect that law due to the fear that it may be used to promote images of illegal hunting or bullfighting. Justice Antonin Scalia opined that the First Amendment prohibited the government from limiting speech unless the content involved obscenity or sex. Interestingly, Justice Samuel Alito had a series of questions regarding whether videos showing human sacrifice were analogous and would similarly be protected as free speech. He coined such programs the “Human Sacrifice Channel” and wondered whether Congress could ban such broadcasts.

The law at issue was enacted 10 years ago, in direct response to the market for videos showing women in high-heeled shoes crushing small animals. Since then, the law has generally been used to prosecute individuals selling dog-fighting videos. By the end of oral argument, the Justices seemed to be considering the possibility of either upholding the federal appeals court’s striking of the law in its entirety or narrowing the legislation to prohibit only the “crush videos.” The high court will likely enter a ruling in the next several months.

U.S. Supreme Court to Decide Right to Bear Arms Case

blog@www.roothlawgroup.com (news Author)10833 — Thu, 01 Oct 2009 08:00:00 EST

On September 30, 2009, the U.S. Supreme Court agreed to hear the landmark case of McDonald v. Chicago and determine whether state and local gun control laws violate the Second Amendment. This decision may impact gun control laws nationwide. The high court could potentially broaden the scope of what can constitute "self-defense" in cities and states across the country.

The issue is whether the Seventh Circuit U.S. Court of Appeals properly that held the Second Amendment does not apply to state and local governments. The Seventh Circuit U.S. Court of Appeals upheld a local ban on handgun possession in Chicago, claiming it was required to do so based on 19th century U.S. Supreme Court decisions that did not incorporate the Second Amendment. The U.S. Supreme Court will evaluate the Second Amendment's application to the states' gun control laws through either the Due Process clause or the Fourteenth Amendment's Privileges or Immunities clause.

It appears McDonald v. Chicago will be argued late this year or early next year.

Higher Statistics on Youth Violence in Sarasota

blog@www.roothlawgroup.com (news Author)10656 — Wed, 30 Sep 2009 08:00:00 EST

Two Manatee County youths have died as a result of youth violence since the new Fall school semester has begun. Bill Spitler, Sarasota Police Captain states that over the past several years, teens or young adults have caused most of the city's murders. They also show a pattern of killing innocent bystanders, including the following:

Delvis Fernandez, an Iraq war veteran, was shot and killed by an 18 year old about a year ago at a gas station in broad day light.

Roy Barnes Jr. was found dismembered and burned this summer by a pair of teen brothers.

William Holley, the latest of these victims, was shot on Saturday morning while driving down the street. The authorities believe Holley's death was caused by youths, 19 years old or younger, in a gang.

Budget cuts affecting Sarasota law enforcement may have played a role in the increased violence. Residents are more hesitant to go out at night these days. Captain Spitler advises Sarasota residents to keep their eyes and ears open.

This increase is consistent across the State of Florida. The Florida Department of Juvenile Justice reports that since 2003, there has been a fifty-five percent increase in young adults charged with murder or manslaughter.

Don't Miss Your Speedy Trial Deadline in Defending Your DUI Charge!

krooth@roothlawgroup.com (blog Author)19122 — Mon, 28 Sep 2009 08:00:00 EST

Florida law provides that a person charged with a misdemeanor must be brought to trial within 90 days of arrest. If trial does not begin in 90 days, the defendant can file a notice of expiration of speedy trial. The court must hold a hearing on the speedy trial issue and may then order trial within ten days. If trial does not occur in ten days, the defendant can then be discharged from the crime.

In Thomas v. State, Hillsborough County Circuit Judge William Fuente affirmed the trial court's decision that the defendant charged with driving under the influence did not waive his right to speedy trial by being silent when his trial date was set after the expiration of the speedy trial period. In other words, the defendant's silence did not constitute a waiver.

However, the court went on to reason that because the defendant did not file a notice of expiration of speedy trial before the day his trial commenced, he abandoned the issue. Judge Fuente held the trial court correctly decided that the defendant could not be discharged from the DUI and affirmed the judgment and conviction.

If you have questions about your right to a speedy trial in your criminal case, contact St. Petersburg criminal defense attorneys at Rooth Law Group today for a free consultation.

$500,000+ Worth of Items Stolen from Hillsborough Home, Four Men Arrested as Suspects

blog@www.roothlawgroup.com (news Author)10525 — Fri, 25 Sep 2009 08:00:00 EST

On July 26, several men gained access to a Forest Hills Estates home in Hillsborough County through its garage and stole over $500,000 worth of items, including two computers, a television, and items found in a five-foot safe such as firearms, savings bonds, case, and jewellry.

Four men were arrested as suspects of the burglary: 18 year old Cody Holmes, 18 year old Pete Berry, 21 year old Joshua White, as well as a fourth man whose charges do not presently show on the Hillsborough County jail's website. The charges against them are armed burglary of a dwelling, grand theft of $100,000 or more and two counts of grand theft firearm.

The homeowner reports that only the television has since been returned.

Governor Crist Pardons 2nd "Romeo" Sex Offender

blog@www.roothlawgroup.com (news Author)10524 — Thu, 24 Sep 2009 08:00:00 EST

John Eugene Kemp, who is currently 33, was 21 when he first had sex with his future wife who was 15 at the time. Cases with these types of facts are typically called “Romeo and Juliet” cases. Kemp was convicted in Volusia County of committing a lewd and lascivious act against a minor and as a result, became a registered sex offender. The stigma of being a registered sex offender resulted in police and media harassment and prevented him from working, as a construction company foreman, on projects near schools.

Governor Charlie Crist, along with two state Cabinet members acting as the Board of Executive Clemency, today gave Kemp approval for a pardon. This was the second pardon granted to a “Romeo” within the past months. Governor Crist granted the first to Virgil Frank McCranie, who was 19 when he first had sex with his wife who was then 14.

Higher Homicides in Domestic Violence Cases

blog@www.roothlawgroup.com (news Author)10563 — Thu, 24 Sep 2009 08:00:00 EST

Hillsborough County reported eight domestic violence homicides in 2007, and sixteen in 2008. Numbers for 2009 are still pending but statewide, there have been 86 domestic violence homicides this year, compared to 79 in 2008. There is only speculation about why these increases have occurred but Hillsborough County sheriff's deputy Rod Reder guesses the bad economy has led to higher tension in homes and relationships. Along these lines, Nikki Daniels, who serves as the executive director of the Family Justice Center in Hillsborough County, opines that a woman in an abusive relationship will have a harder time locating employment to support herself and thus, would more likely stay with the abuser.

The Violence Policy Center in Washington, D.C. reported that out of 1,743 abuse cases across the country, over 51% of homicides were caused by a gun. Cutting instruments such as knives made up for 21% of the homicides, 14% used bodily force, and 7% were caused by blunt objects. In 75% of domestic violence cases that lead to homicide, victims had previously divorced, broke up with their significant others, or filed a domestic violence injunction.

It appears that when a victim takes these types of steps to claim their independence, the abusers take measures to gain control again. Such acts could be extreme, such stalking or homicide. It is also common for women to drop charges against their abuses because of fear or economical dependence.

When Does Deputy Testimony and Prior Conviction Evidence Constitute Inadmissible Hearsay?

krooth@roothlawgroup.com (blog Author)18111 — Wed, 09 Sep 2009 08:00:00 EST

A recent Pinellas County Circuit Court case provides an example of when the admission of hearsay or prejudicial evidence at trial can lead to a reversal of the judgment and sentencing.

Circuit Court Judge R. Timothy Peters decided on August 12, 2009, Singleton v. State of Florida, and evaluated whether the testimony of the arresting deputy and evidence of the defendant's prior felony convictions constituted inadmissible hearsay.

The defendant in this case was convicted of Obstructing or Resisting Officer Without Violence. A deputy who was called to the scene to a “burglary in progress.” The deputy testified that upon intervening with the observed argument or altercation, the defendant began yelling at the deputy and thumped his chest against the deputy’s chest. The female involved in the altercation testified at trial about the defendant’s prior history of felony convictions. The issues on appeal were whether the testimony that the deputy was dispatched to a “burglary in progress” and the testimony about the defendant’s prior convictions were permissible evidence.

Under Fla. Stat. § 90.801, hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted. Judge Peters found that the trial court erred in allowing the deputy’s testimony because it was inadmissible hearsay- it was offered to prove that there actually was a burglary taking place. He also concluded that the female’s testimony was not hearsay but the danger of unfair prejudice to the defendant outweighed any probative value to the jury.

To learn more about Rooth Law Group's criminal defense practice, contact St. Petersburg criminal defense lawyers at Rooth Law Group.