Pinellas County Florida Criminal Lawyer Blog

I meet so many people throughout my day that need help.  Let's face it, no one calls a lawyer when they are having a good day.  I try to help as many as I can, but one of my passions is juvenile law and children that need help.  I have been a Guardian ad Litem volunteer off and on since 1998.  Right now, there are hundreds of kids in Pinellas and Pasco Counties who need GAL's (Click here for 6th Judicial Circuit GAL website) 

What is a Guardian ad Litem?  Simply stated:  A Guardian ad Litem is appointed by the Court to look out for the best interest of a child who has been taken from their home because of abuse or neglect.  It is the specific job of the Guardian ad Litem to look out for the child.  This doesn't mean that the child lives with you, or that you have guardianship over the child.  But in dependency cases (which are what abuse and neglect cases are called), the parents each have a lawyer, the Department of Children and Families have a position, and the State Attorney has a position.  All of them, because they are adults, are able to be heard.  However, their positions are not always what the child wants or what the child needs.  So the Guardian ad Litem talks to the child, the parents, the case workers, the teachers, the doctors, the realitives, the foster parents, and anyone else involved in the child's life and makes a reccomendation to the Court as to what they feel is in the best interest of the child.  Because of the confidentiality, I can not give you specific examples of the cases I have handled, but I can tell you that when I have had a recommendation that is different from any of the other parties, the judge listens. 

  We've all heard stories about children who get "lost in the shuffle" of the "system".  Take for example, the case of a 17 year old girl in Tampa who was left to live alone in an apartment with her new baby. She had an abusive boyfriend who was a regular visitor, whom the Department of Children and Families did not do a proper background check on.  The boyfriend snuck into her apartment, beat her up, and took off with her baby.  The baby was later found on the side of the highway.  He had been thrown from a car window.  DCF only has to visit weekly and sometimes monthly.  Who's watching out for these kids in the meantime? 

Now, you may say - well that's the government for you.  Or, how terrible, someone should have been watching out for the girl.  Where were her parents?  All of that is true.  But really, it doesn't help anyone to complain or point fingers.  How about taking some responsibility yourself and trying to make a change?

Becoming a Guardian ad Litem volunteer is a commitment.  There is a training class, a background check, and it takes long, often thankless hours to investigate a case.  But if you think it's for you - check out their website.  Florida Guardian ad Litem Program 

Last week, the police were called to a house in Dade City, FL regarding  a domestic dispute.  From the news article it is unclear who called the police.  It seems the couple, who had 2 very young children were arguing about the man not having a job. They are accused of biting each other. Upon entering the house, the police found:  filth, including animal feces and dirty diapers, a 7 month old baby and a 2 year old, meth, marijuana, and a pipe bomb.  The woman,  was arrested for child neglect, battery, and possession of drugs, as well as the pipe bomb.  The man, who fled the house, was apparently not arrested, until several days later. (See St. Pete Times article from 8/22/09) That is the point of this blog. 

In Pasco County, I hear more and more stories of women who are arrested for domestic battery when they are clearly not the victim, or, it is a clear case of self defense.  Additionally, as in the above case, someone, and rarely both, is arrested for possession of drugs or firearms, when there are clearly two people living in the house.  Why arrest the woman?  Because she was there.  To the police - why not go look for the man?  Why does he get away and the woman takes the rap? 

I've represented women who were defendants in domestic violence cases who were clearly the victim.  A common fact pattern is one where the man is attempting to prevent the woman from leaving the home during an argument by taking her cell phone and/or car keys. In an attempt to get away, the woman will push the man out of her way trying to get away from him. SHE gets arrested for battery.  What's wrong with this picture?

Additionally, we've all heard stories about woman with Domestic Violence Injunctions against someone, who are killed, or harmed, or worse yet, their children are.  The case in Tampa where the boyfriend was hiding in the girl's house and stole her baby and threw him out the car window. (McTear) There was a case in North Carolina last year, where the wife had a domestic violence injunciton against the husband and he snuck in the house and raped and killed her 17 year old daughter.  (Read article)  Why don't domestic violence injunctions work?  Because it's merely a piece of paper - it's not a safeguard.

If you are a woman, and you're the victim of domestic battery, call me.

And to the police - the policy on domestic violence, especially in Pasco County, is an accident waiting to happen, and entirely preventable with a little education and training.  

In Plant City, Florida - just southwest of Tampa, a man shot at his girlfriend as she attempted to hack down the door with an ax. He was arrested for aggravated assault with a deadly weapon.  In the followup comments on this article, (followup comments) many people said he shouldn't have been arrested, since he was protecting his home.  Here's the legal reason why he was arrested:  She was apparently authorized to enter - that is - she was living there too. 

To add to the legal reasoning in the previous blog - the "castle doctrine", that is, the right to use deadly force against unauthorized entry into your residence - does not apply to people living in your house.  So you can't use deadly force against your wife, or girlfriend, or child, or mother in law, or roomate, if they are living with you and authorized to enter into the house.  In those cases, if some household member comes at you with deadly force, you have a duty to retreat. 

The St. Pete Times is ripe with the sterotypes of the world. 

Dishonest lawyers:  A St. Petersburg lawyer used his deceased clients ATM card at a local sport's bar.  His reasoning was that he has been a little confused lately.  (So confused that he apparently mistook his client's property for his own) (See Florida Bar Petition for Emergency Suspension)

Minister's who commit crimes:  A Carrolwood Lutheran pastor was arrested for DUI over the weekend.  In and of itself - no great crime, but because he's a minister, he's in the paper.  Having grown up Lutheran, I happen to be aware of NO church edict that says you can't drink. (St. Pete Times July 31, 2009)

 Cops who abuse their power:  Earlier this month a Pasco County Sheriff's deputy was fired for his rage at the janitor in a Zephyrihills McDonald's.  Apparently he wanted breakfast, but the restaurant was closed so he banged on the windows and threatened to arrest the janitor mopping the floor inside for not letting him in and serving him food.  Here's the problem - this angry man had a gun. (see St. Pete Times article)  There is no indication that the officer was drunk, but, if he wasn't, it only makes his big mac attack all the worse.

You decide which is the worst.  Unfortunately for all the honest lawyers, minister's who stay home to drink, and cops who don't have angry outrages at 3AM, these people make all the rest of us look bad.  One bad egg ruins it for the rest of us and the newspapers love to print it.