June 2011 Archives

June 30, 2011

Palm Harbor, Florida Police Shooting

Disturbing news came out of Pinellas County yesterday, as 73-year old Edward Warren DiGrandi was shot and killed by Pinellas County deputies after arming himself with a gun and breaking into his ex-wife's home. As in any police shootings the deputies are on administrative leave pending an investigation. (See St. Pete Times article)

According to news sources, DiGrandi drove from Ohio to Palm Harbor, apparently upset by alimony he was to start paying to his ex-wife on Friday. After he broke into his former wife's apartment, she was (fortunately!) able to escape to a neighbor and call 911. He was later spotted and pulled over by law enforcement on Alderman Rd. in Palm Harbor, Florida. DiGrandi stepped out of the vehicle with the gun pointed to his chest. After deputies shouted at him to drop the weapon, DiGrandi then "turned abruptly and pointed the gun at deputies, who opened fire." He was struck multiple times, dying at the scene.
It is hard, if not downright chilling, to imagine the mind of someone who has the motivation to drive more than 1,000 miles to try to do someone harm. We have all been at some point in our lives angry at a spouse, former spouse, or loved one, and perhaps in a moment could "lose it" and make a decision that is life-changing. But in this case, DiGrandi had time to reflect and consider the consequences of his actions while he was driving down here from Ohio, but instead was bent on tracking down his ex-wife. The circumstances of this case are strikingly similar to Lisa Nowak case in 2007. We all remember Lisa, the astronaut who disguised herself and drove 900 miles from Houston to Orlando to assault a fellow astronaut who was a rival for her boyfriend's affections, all while wearing diapers so she wouldn't have to stop for bathroom breaks. Lisa was initially charged with attempted murder before striking a plea deal with prosecutors. When it comes to matters of the heart, there is no telling what the mind is capable of.
Too often, domestic violence is a component in many relationships that are both ongoing and broken. The news does not tell us, but perhaps this was not the first time DiGrandi's ex-wife was a victim of domestic violence. If you are in a relationship where domestic violence occurs, please be aware you can take steps to ensure your safety. If you feel you are or about to become a victim of domestic violence, CALL 911! While there are no guarantees in life, there is a support network to enable you to better protect yourself. There are confidential shelters in the county where victims can stay, and we can file an injunction for protection from domestic violence on your behalf and help you through a difficult and painful process. But the last thing you should do is to stay in an abusive relationship. DON'T BECOME ANOTHER STATISTIC.  Give us a call and we would be happy to provide you with a free consultation and help you better protect yourself.

June 27, 2011

Attorney's Fees in Family Law Cases - How do I get someone to pay for my divorce?

When people are getting a divorce there are so many heated emotions but none more so than money.

When I see a new client one of the first things we talk about is money.  How much they get or how much the former spouse can take away from them.  Then we talk about my fees.  Inevitably the question is - "can't the other side pay for it?"  Like all things legal, the answer is "it depends".

When you file for divorce or you answer a divorce petition, you can and should always ask for attorney fees.  You can ask for them in child support, child custody, and paternity cases too.  The only family law case where you will not be awarded attorney fees is in a domestic violence injunctions.

shark money.jpgWhether or not you are actually awarded attorney fees and in what amount entirely depends on the other party's ability to pay, your circumstances, and the judge. 

If you have a question about attorney fees in family law cases, call us.  As of today - our initial consulations are free (which is subject to change). 

 

June 7, 2011

Driving While License Suspended or Revoked

electric bike.jpgWere you aware that a bicycle with an engine constitutes a motor vehicle?

In a recent circuit court case out of Brevard County, which relies on a Second DCA case called Inman v. State (The Second DCA includes Pasco and Pinellas) the court found that a man, who was riding a bicylce on a public street and pedaled away from the scene, but later used a motor and didn't pedal for a "substantial period of time" was driving a motor vehicle under the law and therefore could be arrested for driving while his license was suspended or revoked (DWLSR).(see our website for more info)

Florida Statute 316.003 defines bicycle as:  [e]very vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor

And distinguishes the bicycle from a motor vehicle in that one is self - propelled with a combination of human and motor power while a the other is "power generated".  Thus to get the engine running on a motorized bicycle one needs to pedal, while on the other, the bicycle can propell itself without the help of a user with only an engine. 

 

If you've understood any of this - you're doing better than I.  After all, I am a lawyer, not an engineer.  If you haven't understood this - call me and maybe we can figure it out together. 

And certainly if you've been arrested for Driving While your License is Suspended or Revoked,   Call us today.  Remember - if you plea to it, and then get two more, the Department of Highway Safety will automatically suspend your license for 5 years under the Habitual Traffic Offender laws.