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Tampa Criminal Defense
Florida's Premier Criminal Defense Firm

Recent Posts in arrested Category

March 7, 2012

Can you get a job if you have been arrested?

Posted By 1 800 FIGHT IT

Possibly. It depends on what type of work it is and what you have been arrested for.

If you have been arrested, a potential employer will think about the following:

1- What have you been arrested for? Was it for a violent crime? If so an employer may not want to risk a lawsuit for your assaulting a fellow employee or customer. Was it for theft? If so the employer may not want to take a chance that you will steal from them. Is there a possibility you will serve jail or prison time? If so an employer may not want to spend time training you if there is a chance you won’t be around to work.

2- Is it a felony or a misdemeanor? Some employers may not consider a misdemeanor to be a big deal.

3- Will your sentence affect your employment? If you are going to be on probation the employer may not care. But if you receive house arrest there is a possibility you won’t be available to perform all of your duties if your job requires you to leave the county or be on-call. If you are convicted of DUI and lose your license and you drive for a living there would obviously be an issue with a potential employer.

These are just some of the considerations an employer considers when you apply for a job with a pending charge. If you have been arrested contact an attorney to discuss your options and how to put yourself in the best light for future employers.

Continue Reading Can you get a job if you have been arrested? »
October 25, 2010

Pinellas Drug Charges – St. Petersburg Lawyer Arrested On Charges Of Trafficking In Oxycodone

Posted By 1 800 FIGHT IT

Florida Oxycodone Trafficking

A Pinellas County lawyer has been arrested in Clearwater on drug charges for allegedly attempting to smuggle the painkiller Oxycdone into the Pinellas County Jail. The lawyer was arrested Friday at a Clearwater gas station where he was set to make an exchange with undercover deputies. The investigation began following a tip to the Pinellas County Sheriff’s.

The St. Petersburg Times is reporting that the sheriff’s received a tip on Thursday that the lawyer was bringing illegal substances into the jail. At that point detectives reached out to the lawyer to and set up a deal where the lawyer would take 50 oxycodone pills into the jail in exchange for 20 of the painkillers for himself. The attorney was arrested at the time of the exchange. The arrest took place at a Mobil gas station located on the 4800 block of Ulmerton Road.

The 31-year-old suspect has been charged with trafficking in oxycodone and possession of a controlled substance. A former Hillsborough County assistant state attorney, the current defense lawyer has been a licensed attorney in Florida for five years. He came under heavy criticism by Hillsborough County Judge William Fuente in 2008 for his defense of a shooting suspect. The trial involved David Rolon who was accused of shooting his neighbor in Sulphur Springs. The judge granted a motion for a new trial based on his in adequate representation of his client. There are no disciplinary actions on record against the man with the Florida Bar despite that judge’s ruling in the case.

In August the man was arrested on spousal battery charges that were eventually dropped. He is currently in the Pinellas County Jail on $105,000 bail on his current Florida felony drug charges. According to another newspaper report the investigation into the attorney is on-going and more information could be forthcoming.

Continue Reading Pinellas Drug Charges – St. Petersburg Lawyer Arrested On Charges Of Trafficking In Oxycodone »
September 30, 2010

Florida DUI News – World Series Champion Yankee Ready To Face DUI Manslaughter Charges

Posted By 1 800 FIGHT IT

Florida DUI charge

One of the legendary clutch hitters in World Series and New York Yankee postseason history is facing the fight of his life on a Florida DUI charge that could result in a long DUI prison sentence. Former Yankee catcher Jim Leyritz is getting ready to be tried on a DUI manslaughter charge in a Fort Lauderdale courtroom stemming from a 2007 crash.

According to prosecutors as reported in a blog post on CNN.com, Leyritz was out celebrating his 44th birthday when he decided to get behind the when of his Sport Utility Vehicle after a “alcohol-fueled” celebration. He allegedly ran through a red light and crashed into Fredia Veitch. The 30-year-old mother of two died in the crash. It was determined following the crash that Leyritz was driving with a blood-alcohol level of 0.14.

The reason the case could be problematic for prosecutors is that court records show Veitch was also intoxicated at the time of the crash. Her blood-alcohol level was higher than Leyritz’s at 0.18. The defense is going to use the fact that the woman was drunk, along with alleging that she was distracted on her cell phone, speeding and driving with her lights off and they will also challenger the fact that Leyritz ran a red light claiming it was yellow at the time he went through the intersection.

The case will revolve around the seconds leading up to the fatal crash that lead to the DUI manslaughter charge. Leyritz’s DUI defense lawyers will have their accident reconstruction experts battle those from the state and that may be where the case is decided. There has also been an issue with discovery in the case. The prosecutors admitted a violation but said that it occurred before the trial ever started but the defense has been granted a hearing on that issue, which CNN reported as a minor victory for the lawyers defending Leyritz.

Continue Reading Florida DUI News – World Series Champion Yankee Ready To Face DUI Manslaughter Charges »
September 24, 2010

Manatee County Drug Blog – Anyone Know Where 260 Pounds Of Marijuana And Two Kilos Of Coke Went?

Posted By 1 800 FIGHT IT

Bradenton Drug Lawyer

Two suspected drug dealers could be on their way to freedom as their Mantaee County drug case is at risk with the disappearance of 260 pounds of marijuana and two kilos of cocaine. The Herald Tribune ran a front page story today detailing the loss of evidence and the mess that has become evidence property management in Manatee County.

According to the story the missing cocaine and marijuana are from two separate cases and while Sheriff’s officials say they don’t really know what happened they placed some o the blame on a leaky dehumidifier. One of the issues in Manatee County when it comes to storing evidence is that the county does not use a singular location like many other jurisdictions. In Manatee, evidence is stored in three different facilities including a bank vault leased by the county.

The evidence stored in the bank vault was from old cases. According to the article there was poor record keeping of that evidence and the Sheriff’s office eventually decided to incinerate all of that evidence assuming it would never be needed. When The Innocence Project came to ask for a piece of evidence for DNA evaluation in a rape case, it was gone along with evidence that could have been used in a drug trafficking trial from 11 years ago when the suspect was recently apprehended after jumping bail.

With the recent loss of cocaine and marijuana, both cases against those defendants are in jeopardy. While the drugs seem to have been tested and weighed by the Sheriff’s office, it was never independently evaluated by defense lawyers, which may be enough to foil a conviction in both cases. Manatee County has started to use bar codes for their evidence and a central storage facility in hopes of correcting the problem that is jeopardizing the criminal justice process in Bradenton and Manatee County.

Continue Reading Manatee County Drug Blog – Anyone Know Where 260 Pounds Of Marijuana And Two Kilos Of Coke Went? »
September 21, 2010

Pinellas DUI News – Woman Arrested For DUI Three Times Has Second Loved One Hit By A Drunk Driver

Posted By 1 800 FIGHT IT

Pinellas County DUI Lawyer

Tina Pellegrino’s 17-year old daughter was in a coma for 56 days after she was hit by drunk driver nine years ago and now Pellegrino has lost her fiancé in a drunk driver accident. Pellegrino was crossing a Treasure Island street with 49-year-old David Happeney when the father of three was struck by a drunk driver and pronounced dead at Palms of Passadena Hospital.

The St. Pete Times is reporting 39-year-old Ann Marie Nunn has been charged with DUI manslaughter in St. Petersburg for the crash that took Happeney’s life. Nunn allegedly had a blood-alcohol level of 0.263, which is more than triple the legal limit. Police report she had just left a bar before the crash and was not only drunk but also taking prescription medication. Happeney was not inside the crosswalk at the time of the crash. That was also the case with eight of the 14 pedestrians who have been killed on Teasure Island’s Gulf Boulevard or Blind Pas Road. Six of those eight deaths was the result of a drunk driver according to police.

Happeney leaves behind three daughters. They ranged in age from 22 to 11. He had moved to the Tampa Bay area four years ago after losing his job. He rented a hotel room on Treasure Island to celebrate Pellegrino’s 43rd birthday. The couple met three years ago and Happeney told family two years later that he was going to marry Pellegrino. The couple was headed back to the hotel when Nunn allegedly ran the man down.

Pellegrino has a history with DUI that is not limited to just having her loved ones involved in drunk driving crashes. The 43-year-old has been arrested three times for DUI herself. The most recent arrest was in 2006. The St. Petersburg Times tried to reach the woman for comment but they were unable to speak with her.

Continue Reading Pinellas DUI News – Woman Arrested For DUI Three Times Has Second Loved One Hit By A Drunk Driver »
September 15, 2010

Sarasota Battery Arrest – Substitute Teacher Charged With Lewd Behavior And Battery In Wal-Mart

Posted By 1 800 FIGHT IT

A 28-year-old substitute teacher from Sarasota is under arrest for performing lewd behavior and the result of that behavior was the basis for a Sarasota battery arrest. The story is now making national headlines due to the suspect’s use of a Sports Illustrated magazine and the fact that the lewd act took place in the aisle of a Sarasota, Florida Wal-Mart. Deadspin has sent it out on Twitter and several national sports commentators have picked up on the Tweet as well.

The Herald Tribune first reported the story of William Tyler Black. The story is that Black was in a Sarasota Wal-Mart when he apparently saw some “hot girls”. At that point he decided to perform a lewd act on himself. He went off to an aisle where toys were sold and took a Sports Illustrated Swimsuit Issue. He allegedly spent a few minutes in the toy section and left the magazine and his bodily fluids behind.

The charges for performing the lewd behavior are obvious if the alleged story is true but many have asked where did the battery charge come from? WTSP.com is reporting Black was charged with battery due to the fact he left his bodily fluids in a place where a child may come into harmful contact with said fluids. Those two charges have landed the substitute teacher in Sarasota County Jail.

According to WTSP Black subbed a few times at a Lakewood Ranch school called Imagine School. When contacted about Black’s employment, Imagine School’s Leader said that Black went through all the required background checks before he was hired as a substitute teacher. He also stated that the man had only worked at the school on three occasions. His employment has been terminated once the school learned of the arrest. There were no complaints lodged against Black during his time at the Imagine School.

Continue Reading Sarasota Battery Arrest – Substitute Teacher Charged With Lewd Behavior And Battery In Wal-Mart »
September 8, 2010

Pinellas County Arrest – Getting Bailed Out Of Pinellas County Jail Just Got A Little Easier

Posted By 1 800 FIGHT IT

Pinellas Criminal Lawyer

If you happen to find yourself in a Pinellas jail needing bail following a Pinellas County arrest, there is good news for you. The Pinellas County Jail is now accepting credit and debit cards for bail of $750 or less. This is the first jail in the Tampa Bay area to offer this service. According to TampaBay.com there are only three other jails in the state that accept credit or debit cards.

According to Jim Coats, sheriff of Pinellas County, the program was put into place to lower the number of people stuck in jail while awaiting trial. The idea came out of a meeting of the minds between law enforcement, the county clerk, judges and public defenders offices.  The limit was set at $750 despite the fact the sheriff wanted it set higher. The sheriff pushed for $1000, the state attorney for $500 so they split the difference.

The program will only apply to a small portion of people in jail as the $750 threshold will include mostly those in jail for minor charges. TampaBay.com looked at the number of people arrested in Pinellas County and sitting in jail on Wednesday. Of the 3,252 people in Pinellas County jail, only 74 would qualify to use their credit or debit cards in order to post bail. The article reported that just over 20 people have utilized the program since August 23.

Most of the crimes that involve a bail of $750 or less are traffic offenses or non-violent misdemeanors. The processing fee will be seven percent and the sheriff’s and clerk’s offices will get ten percent of that cut. The Pinellas County clerk and sheriff see the idea as a winner as will many people who are arrested and need to use credit to get out. The losers under the new plan will most likely be the bail bondsmen who were called on in the past to help these people get out of jail.

Continue Reading Pinellas County Arrest – Getting Bailed Out Of Pinellas County Jail Just Got A Little Easier »
August 19, 2010

St Pete DUI News – Frustrated Woman Assaults Officers And Tries To Grab Gun During DUI Arrest

Posted By 1 800 FIGHT IT

St Pete DUI

The DUI process is frustrating and complicated but obviously no excuse for an assault on an officer but that is exactly what happened during a St. Pete DUI investigation. The St. Petersburg Times is reporting that a 38-year-old woman is under arrest after turning violent in the midst of a drunk driving arrest.

Kimberly M. Hyde, a St. Petersburg resident, was pulled over Thursday morning. According to police reports Hyde was speeding and she also failed to stop at a red light. Officers reported smelling alcohol when they approached the car. She agreed to perform field sobriety tests and according to the officers she seemed impaired during those tests. At that point she was put in the back of a police cruiser.

Hyde was described as agitated by the article in the St. Pete Times as she sat in the police car. She then reportedly became combative when police tried to move her from one car to another. During the transition she kicked one of the officers two times. She then tried to grab another officer’s gun, which was holstered at the time. She kicked an officer a third time after she was restrained on the ground.

She has been charged with numerous crimes. The list of charges against Hyde include, battery on a law enforcement officer, attempting to deprive a law enforcement officer of his means of protection, DUI and resisting arrest with violence. She is still in jail at last report where she is being held on $15,650 bail. There were no further details provided in the story about the woman’s state of mind or actions after she was taken to jail.

Continue Reading St Pete DUI News – Frustrated Woman Assaults Officers And Tries To Grab Gun During DUI Arrest »
July 26, 2010

Sarasota Criminal Courts – Those Arrested In Sarasota Face A Tougher Road To Getting Out Of Jail

Posted By 1 800 FIGHT IT

A recent study referenced in the Sarasota Herald Tribune found people arrested in Sarasota County have a harder time being released from jail following an arrest compared to arrestees nationwide. According to Florida law judges are supposed to use the least restrictive conditions on an arrestee to make sure that person appears in court while balancing the safety of the community. According to the study, defendants in Sarasota usually have to post a commercial bond twice as often as the national average.

Following a Sarasota arrest, defendants are less likely to get out of jail on their own recognizance even when it comes to first-time offenders of those arrested for DUI. According to the study the reason for this is fear. The paper says that according to this study judges are scared of losing their spot on the bench if they release a defendant who goes on to commit another crime following his or her release.

Defense attorneys argue that the restricting a defendant’s ability to be released following an arrest can hurt the person’s employment and ability to provide for children and families without ever being convicted of a crime. The study cites a famous Sarasota case where a 12-year-old was abducted, raped and murdered by a man that was released following a crime in Sarasota but 12th Circuit Chief Judge Lee Haworth who was quoted in Todd Ruger’s story said he didn’t believe that had anything to do with the statistics cited in the study.

U.S. Department of Justice statistics show that 40% of the time those who are released from jail before trial either have the charges against them dropped or they are acquitted.  The numbers from the Pretrial Justice Institute are even more eye opening. According to their figures 61% of Sarasota defendants post a pre-trial bond compared to 37% of defendants nationwide. Nationally 26% of defendants are released on their own recognizance compared to just 3% in Sarasota. Chief Judge Haworth was quoted in the article. He said judges receive background checks for every new inmate giving them accurate information to make those pretrial judgments.

Continue Reading Sarasota Criminal Courts – Those Arrested In Sarasota Face A Tougher Road To Getting Out Of Jail »
July 12, 2010

Tampa Criminal News – Brawl In Ybor City Leads To Seven Arrests Including Battery And Resisting Arrest

Posted By 1 800 FIGHT IT

Tampa Criminal Lawyers

According to a story on TBO.com, a brawl in Ybor City early Sunday morning led to seven arrests including a woman from Tampa charged with battery. The Tampa Tribune story does not mention what started the fight but it did include one interesting side note that a man who was watching the fight, but not part of the brawl, was arrested for slapping a police horse.

The brawl took place on Seventh Avenue and 18th Street with the first arrest coming at approximately 2:30 a.m. The first person charged was a Massachusetts woman. The 30-year-old was charged with affray. Another Massachusetts woman was arrested on charges of battery, affray, disorderly conduct and resisting arrest without violence.

The fight, which seemed to be between the two women at the start, drew a crowd and eventually more people got involved and more arrests followed. Two Tampa men and another man from Winter Haven were charged with affray. An 18-year-old man from Port Charlotte was arrested for resisting an officer without violence while standing in the middle of the street. He allegedly refused to move when asked to do so by the police.

The oddest part of the whole story was the arrest of a 23-year-old Bradenton man. The Tampa Tribune is reporting Calvin Esaw was not part of the street fight but he slapped a police horse when mounted units arrived on the scene to help break-up the altercation.

The story did not report what type of battery was charged in the case but typically a simple battery charge could carry a Florida jail sentence of up to one year in county and up to a $1000 fine. If the battery is a felony jail sentences can start out at five years. The main distinction between a misdemeanor battery and a felony battery charge is the amount of harm inflicted on the victim.

Continue Reading Tampa Criminal News – Brawl In Ybor City Leads To Seven Arrests Including Battery And Resisting Arrest »
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