Pinellas County Florida Criminal Lawyer Blog

Check out these headlines from this morning's news:

"Tax dollars to be used again in Neo-Nazi's re-trial" Bay News 9

"Court pays for makeup in Pasco Neo-Nazi's retrial" tampabay.com

"Jury won't see defendant's swastika tatoo" tbo.com 

The media wants the public to be outraged that the State is paying for a makeup artist to cover this defendant's tatoos for his upcoming trial.  The cost, $125 per day, is measly compared to the cost of an appeal if his tatoos are not covered.  This is a death penalty case. If the State can get a conviction this time (this is their second chance at it, they couldn't get a conviction the first time) there will be countless appeals - all at State expense.

Here's a before and after picture of John Ditullio.

Here's another picture of his swastika tatoo on his neck. 

Those tatoos are inflamatory and no doubt would cause anyone who sees them to form an opinion of this man.  That's called prejudice.  In the same way that defendant's don't go to trial wearing a jail uniform. 

If an appeallate court finds clear prejudice against the defendant - the case will be overturned - and the state will have no choice but to either try the case again - at taxpayer's expense - or drop it. 

$125 per day seems pretty cheap to me. 

It was reported in the paper today that Florida Highway Patrol trooper Timothy Nichols was suspended for one week without pay. (see St. Pete Times 9/17/2010)

This suspension was due to Trp. Nichols use of "more force than neccessary" by chasing and shooting 9 times at a car.  The suspect was alleged to have stolen two bacon, egg, and cheese sandwiches at a Hess Station.  The suspect was ultimately charged with theft, aggravated assault on a law enforcment officer, and fleeing and eluding.  All of the charges were dropped.

The internal investigation showed a 7 minute video tape from the trooper's dash board video camera of the entire incident.  It also showed that the trooper lied about how the incident occured and what his role in it was.  Here's the link to the video  Note that when the shots are being fired, they are in a parking lot at 8AM.  The trooper is super lucky his wayward shots didn't hit anyone else.

Using deadly force to apprehend a petit thief, car chases through neighborhoods, and lying - got him only one week suspenision.  Everyone needs to work for FHP.  I wonder what you need to do to get fired? 

I know that immigration is a hot button issue in Florida and EVERYONE has an opinion.  Here's mine - coupled with some actual statistics.

Did you know that in the last year (2009), the Obama administration deported more illegal immigrants than Bush ever did? 

Did you know that people MARRIED TO AMERICAN citizens and with children BORN IN THE USA were being deported?  That these people have never committed any crimes? 

Did you know that this year, the Obama administration deported 36,000 more criminals than Bush did?

This all according to a Washington Post article from July 26, 2010.

The Miami Herald yesterday said that ICE policies are now changing.  Illegal immigrants who have filed for a green card based on their relationship to a US Citizen, will not be deported unless there is a legal reason to deport them after their case has been heard. (like being a convicted criminal)

And the focus of deportation will now be on those Illegal immigrants CONVICTED of felonies or more than 3 misdemeanors. Not on random sweeps of workplaces where illegals are thought to be working.

If you are an illegal immigrant who has been accused of a crime - you need a lawyer.  Pawuk and Pawuk has experience working with people accused of crimes who are illegal. We work closely with an immigration attorney and have interpretors for Spanish, Polish, and Russian. We can answer your questions and help you get the best possible outcome. Call us today.  727-372-3111

When someone is arrested the police often take whatever is in their pockets or purses or cars and put the things into evidence even if the stuff has no relevance to the charged crime. 

The police take money, cell phones, computers, jewelry, etc., into evidence when people are arrested.  If it's on your person, in your purse, or in your car, it will usually get taken. 

There's a difference, however, between putting the item into EVIDENCE - which means it allegedly goes into an evidence locker in the police station and SEIZED which means the police have taken it and intend to KEEP IT. 

Either way, there are legal procedures to get your stuff back.  If the property is in evidence, a lawyer can file a MOTION FOR RETURN OF PROPERTY and argue to the judge that the evidence is unrelated to the crime, is actually your property, and was not the "fruit of criminal activity." 

If the property is SEIZED - usually as the result of an arrest for a drug crime - you will be given notice of the forfeiture proceeding.  If your property is SEIZED, it is highly advisable for you to hire an attorney to help you.  Otherwise you'll be alone walking into a courtroom with an experienced county attorney who does forfeiture proceedings all the time and a judge who knows him well. 

In Tampa last week - a judge gave back $220,000 in cash to a man charged with money laundering in connection with a bust made on a pain clinic. 

The judge said that the police had no probable cause to believe the pain clinic was involved in criminal activity and gave the money back. 

Don't forget that if you feel like your property was taken from you without a reason and you want it back.    CALL US TODAY