Showing posts with label FDLE. Show all posts
Showing posts with label FDLE. Show all posts

Monday, July 23, 2012

BE SHERLOCK HOLMES - NOW YOU CAN HELP SOLVE ALL THE UNSOLVED MURDER CASES IN FLORIDA

Have you ever wondered what it would be like to solve a real unsolved murder? Here's your chance to enter the criminal justice system by using The Florida Department of Law Enforcement database of unsolved murder cases in Florida. Of course if you show a little too much interest in an unsolved murder you're apt to become the leading suspect, if so call a Clearwater Criminal Defense Attorney to sort things out for you by reminding the cheerless officers about that near airtight alibi you have - you weren't yet born when the murder occurred - as some of these cases go back quite a ways.


 Be Sherlock Holmes by  solving unsolved murders in Clearwater, St. Petersburg, Largo &Tampa Bay, Florida with help from FDLE
Are you Sherlock Holmes?
Yet in truth the frowning officers would be right not cracking smiles, weighed down by such loss. Like withered flowers the somber faces of these many pages upon pages of victims greet you with the limitless pain of loss stretching forward till the end of time. 
The least we must do is remember. A Clearwater Criminal Defense Lawyer commends Florida's Law Enforcement for honoring the murder victims by never giving up the search for their killers in these unsolved murders, perhaps knowing Sherlock Holmes would remind them, "when you have eliminated the impossible, whatever remains, however improbable must be the truth." 

Wednesday, July 04, 2012

FIND OUT IF YOUR NEIGHBORHOOD FIREWORKS DISPLAY RESULTED IN AN ARREST IN CLEARWATER, LARGO & TAMPA BAY FLORIDA

Ever wonder if those pyromaniac friends of yours fondly known in your neighborhood for their incredible 4th of July fireworks displays, have been arrested when the explosions threaten to burn down your house, at least one Clearwater Criminal Defense Attorney does wonder and I've decided to help you in your quest for arrest information.
Neighborhood Fireworks Display may lead to arrest  which Clearwater Criminal Defense Attorney Robert Hambrick will Defend
My Neighborhood Fireworks Display
First, this blog has already described in detail how to find out if there is an active arrest warrant for someone in Florida. I'll show you how to find out if the warrant resulted in an arrest and if someone has ever been arrested in Florida for anything else. Remember that this is only for Florida arrests.
You can find out if someone has been arrested and booked into the Pinellas County Jail by checking the Pinellas County Sheriff's Office Arrest Inquiry Form which gives accurate information including the charged offense for every booking arrest into the Jail since November of 2005 and includes the cities of Largo, Clearwater & St. Petersburg, Florida. If you're not noisy but more of the nosey type and are checking up on someone in Tampa you'd look to the Hillsborough County Sheriff's Office Arrest Inquiry Form. For information for an arrest anywhere within the entire state of Florida, you can check the FDLE criminal history information web page, here's hoping your own name doesn't show up. 
Of course if the person was arrested but was smart enough to hire your favorite Clearwater Criminal Defense Lawyer for his defense attorney it's possible that he was never convicted or that he plead to a reduced charge something I'd do for your noisiest neighbor and even for you if you ever need help fighting a charge.

Saturday, March 10, 2012

PINELLAS COUNTY DEPUTIES USED FAKE SUBPOENAS AFTER OBTAINING EVIDENCE IN CLEARWATER & PINELLAS DRUG CASES

New investigations of the Pinellas County Sheriff's Office reveal that narcotics officers gained inappropriate access to private electric power bills from Progress Energy.  Later the Deputies used fake state attorney subpoenas to cover their tracks according to the Tampa Bay Times. The narcotics officers are also accused of telling lies to gain entry into homes, of giving false testimony under oath to obtain warrants and of using secret video feeds to spy on shoppers at a store in order to gain investigative information for marijuana grow house cases in Pinellas County, a part of Tampa Bay where your favorite Clearwater Criminal Defense Attorney warily lives a day to day existence.


Currently sixteen separate internal affairs investigations of the Pinellas County Sheriff's Narcotics Division are moving forward with six new investigations  launched within the past week as the newly anointed Sheriff, only in office for a few months, heads into election. Is the Sheriff throwing the narcotics division "under the bus," as his recent, now resigned, former head of the narcotics division believes. Or is the Sheriff somehow an innocent bystander just trying to clean up the mess?


 "You know what you are doing is wrong and you are covering yourself on the backside,'' Sheriff Gualtieri said. "You don't fully inform the state attorney and have them go through hoops to get information on something you already have.


Here is a Training Bulletin for Police from a Jacksonville Florida Law Enforcement agency which clearly balances the rights of citizens to have personal information protected against the need of Law Enforcement to conduct appropriate criminal investigations as does this bulletin from FDLE. Should PCSO need help I know a Clearwater Criminal Drug Attorney who'd happily talk to the Deputies about the need for a proper balance if they'll promise not to frisk me first.


The only certain thing is that laws may have been broken. When a law enforcement officer falsely swears under oath or steals personal information, that officer should be prosecuted just like anyone else would be. A GRAND JURY should be convened to investigate possible criminal acts as well as any systemic corruption within the Pinellas Sheriff's Office and the Pinellas State Attorney's Office, which is somehow still moving forward with the marijuana grow house cases despite the lies and illegal activity. All of the cases involving these dishonest Deputies should be re-evalutated.
  
Pinellas Sheriff Discovers Fake Subpoenas even while bathing...
Jacques-Louis David, The Death of Marat, 1793

Sunday, January 29, 2012

PINELLAS DEPUTY SUSPENDED FOR DESTROYING EVIDENCE -- A FELONY IN FLORIDA

This much is certain - evidence was destroyed in a marijuana grow house case. The Defense believes the evidence would have established that undercover officers broke the law by committing at least a trespass and possibly a burglary to the dwelling of the Defendant before a search warrant was obtained. The case was already controversial in that Deputies obtained warrants by following vehicles parked at a hydrponics store which is likely unconstitutional based on a new Supreme Court decision. Having tried a federal grow house case in which there was insufficient evidence from the Government to convict my client, I believe that the recourses being used as well as the underhanded activities of law enforcement in these cases is unconscionable...


The evidence destroyed was surveillance video on the hard drive of a video recorder installed at the Defendant's home. After an internal affairs complaint was filed by the defense attorney, the Pinellas County Sheriff's Office found that Sgt. Taylor, a supervisor of the narcotics division, ordered the hard drive of the video recorder to be erased. His reason - he claims the video showed the bare faces of undercover Detectives and this could place them in future jeopardy. 
The punishment for the Deputy? Suspension for five days and reassignment to patrol...This blog has noted that there are a large number of morally challenged officers who are not being fired. But my question is - why is he not in jail?


Law enforcement is not the final arbiter of what evidence is of value and what isn't - the Courts are. It's only the rule of law as established by the Courts which guards our rights as Americans keeping us from being a police state...No destruction of evidence should occur before the Defense, the Judge and a Jury has had an opportunity to view it. A judge would have ordered the faces of any Detectives to be redacted to preserve their future safety. 


Why is tampering with evidence a felony punishable by up to five years in prison in Florida? Because the purpose of criminal justice is to find the truth. How can we find the truth if the Police tamper with evidence before the Court and a Criminal Defense Lawyer have an opportunity to view the evidence?


To protect the integrity of the Pinellas County Sheriff's Office the following should be done immediately:
1. A grand jury must be convened to determine if laws were broken, and if so by whom including the possible felony of destroying exculpatory evidence with recommendations for proper protection of all evidence. 
2. The FDLE and the FBI should investigate to determine if laws were broken and if so how far up the chain of command this went. Those supervisors with knowledge, those who acquiesced in crime, those who failed to stand up and do the right thing should be fired and prosecuted.
3. The State Attorney's Office should be given the impartial investigation results and make a public decision on whether direct filing of felonies is warranted with factual explanations.
4. At the same time Federal Prosecutors should investigate to determine if any Federal laws were broken and if the systemic corruption within PCSO and the State Attorney's Office can be rooted out.

Florida Statutes > Chapter 918 > § 918.13 - Tampering with or fabricating physical evidence

Current as of: 2011

   (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:
   (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or
   (b) Make, present, or use any record, document, or thing, knowing it to be false.
   (2) Any person who violates any provision of this section shall be guilty of a felony of the third degree


The above Florida Statute applies in this case. There is no exception for law enforcement officers and  it is specific that one can not "...alter, destroy, conceal or remove..." evidence in any case "pending or is about to be instituted." If you believe a law enforcement officer has acted improperly in your case contact a Clearwater Criminal Defense Attorney for immediate help.


Could this be an inconspicuous undercover Clearwater Detective -- about to do a burglary?
Self Portrait - Boris Kustodiev
Boris Kustodiev, Self Portrait, 1905

Tuesday, October 04, 2011

IS YOUR BABY SITTER WANTED FOR MURDER -- HOW TO FIND OUT IF ANYONE HAS AN ACTIVE ARREST WARRANT

Florida's statewide investigative agency has a "Wanted Persons Search" function which allows you to check the names of anyone you suspect may be a fugitive from justice. Is your babysitter wanted for Murder, Aggravated Battery, or even worse in Florida's warped Criminal Justice System, the crime of Driving While License Suspended or Revoked? 

This link looks to be a winning party game at your next get together with friends, neighbors and especially politicians; all in abject fear that maybe that long forgotten speeding ticket was never paid. 

Below you'll see that FDLE (Florida's FBI) "cannot represent that this information is current, active or complete," but no matter just for the hell of it, your government puts it out there anyway, riddled with errors or not....

Here's the link to the Wanted Persons Search: FDLE Public Access System | Wanted Persons Search

And more about the database from your friends at FDLE:

The database contains Florida warrant information as reported to the Florida Department of Law Enforcement by law enforcement agencies throughout the state and authorized for release to the public. FDLE and the reporting agencies strongly recommend that no citizen take any individual action based on this information. This information is not to be used as a confirmation that any warrant is active, or as probable cause for an arrest. Information contained herein should not be relied upon for any type of legal action. FDLE cannot represent that this information is current, active, or complete. You should verify that a warrant is active with your local law enforcement agency or with the reporting agency. [Wanted persons may use false identification, which could cause the warrant to contain a name, date of birth, or other information not belonging to the subject of the warrant. Such false information may or may not be designated as an alias on the warrant.]

Here are some other FDLE LINKS of interest for your next neighborhood party:

And this, which from its name - STOLEN ARTICLES SEARCH - must be for finding a purloined article or two from this Blog or from say, The New Yorker.......no, I see, articles to FDLE means personal belongings, never mind then, just take what you want:
And for all the strange folks you meet at Publix or the public parks:
A history of prisons and punsishment:


Vintage books edition cover



Sunday, September 18, 2011

RESOURCES FOR SEXUAL BATTERY CASES IN THE TAMPA BAY AREA


Investigations After an Arrest for Sexual Battery in The Tampa Bay Area

It's important to remember that typically (though not always) within 21 days of the arrest for any crime including sexual battery in the Tampa Bay area; the prosecutors at the State Attorney's Office will make an important decision on whether to formally file charges against a potential Defendant. 
An effective strategically minded criminal defense attorney hired during those 21 days should do the following:
  1. Present important evidence to the State Attorney's Office that establishes innocence.
  2. Provide information on new witnesses and establish possible problems with previous witnesses.
  3. Prepare evidentiary motions when law enforcement has failed to meet their constitutional duties.
  4. Protect the client from the prospect of prison, loss of community reputation and media hysteria.
The filing decision can be one of the most important events that will occur in the case. When contradictory evidence is immediately brought to the attention of prosecutors, showing them that they may lose at trial if they proceed, then and only then is it possible that charges may be dropped. Sex Crimes Criminal Defense Attorney in Clearwater, FL as well as Tampa, Hillsborough County and Pinellas County.
Sexual Battery or Rape Allegations at College Campuses in Tampa and Florida
The number of sexual battery allegations has risen dramatically on college campuses throughout Florida including the University of Tampa and the University of South Florida. Recent studies based on a survey of 6,129 college students enrolled at 32 educational institutions in the United States have shown shocking statisics including (see the University of Florida Police Department web page with more information including these important statistics at University of Florida Police Department ): 
  • One in eight college women report having been raped while 54% of women surveyed reported being the victim of some form sexual abuse;
  • 84% of those women knew their assailant prior to the attack; and
  • 57% of those rapes happened on a date.
Contact an experienced criminal defense attorney immediately after learning of an accusation of sexual battery by a college student from Tampa in HIllsborough County, Bartow in Polk County, New Port Richey or Dade City in Pasco County or St. Petersburg or Clearwater in Pinellas County, Florida.

Definitions in Florida's Sexual Battery Statute as Found in the Florida Statutes (see
  • Sexual Battery - Florida law defines the term “sexual battery” to mean vaginal, oral, or anal union with or penetration by the sexual organ of another or the vaginal or anal penetration of another by any other object. If the touching was done for any bona fide medical purpose, then Florida law specifically excludes that conduct from the definition of sexual battery.
  • Victim of Sexual Battery - Florida law defines the term "victim" to mean any person who has been the object of a sexual offense such as sexual battery or aggravated sexual battery.
  • Sexual Battery Offender - Florida law defines the term "offender" to mean any person accused of a sexual offense in violation of a provision of this chapter such as sexual battery or aggravated sexual battery.
  • Consent - Florida law defines the term “consent” to mean any voluntary, knowing or intelligent consent. The definition of consent does not include any "coerced submission" that occurs because of the failure by the alleged victim to offer physical resistance against the offender.
Florida's Penalties for Sexual Battery (Statutes & Constitution :View Statutes : Online Sunshine )
Florida law provides for certain punishments or penalties based on several factors including the age of the victim, the age of the offender, whether the offender used any actual physical force that was likely to cause any serious personal injury, and whether the offender used or threatened to use a deadly weapon.
The punishments for sexual battery range from a capital or punishable by life penalties to first, second, or third degree felony penalties. Under the Junny Rios-Martinez, Jr. Act of 1992, any person who is convicted of committing a sexual battery after October 1, 1992 is not eligible for basic gain-time under Florida Statute Section 944.275.
794.05 Unlawful sexual activity with certain minors.— (see Statutes & Constitution :View Statutes : Online Sunshine)
(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084. As used in this section, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.
(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
(3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.
(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.



Sexual Battery - Capital Felony under Florida Law
If the act of sexual battery is committed by an offender over the age of 17 against a person who is less than 12 years of age and the victim suffers from any personal injury to a sexual organ as a result, then the crime is punished as a capital felony under Florida law.
Sexual Battery - Punishable by Life Felony under Florida Law
  • If the act of sexual battery is committed by an offender who is 17 years old or under against a person who is less than 12 years of age and the victim suffers from any personal injury to a sexual organ as a result, then the crime is punished by life in Florida State Prison.
  • If the act of sexual battery is committed against a person who is 12 years of age or older without the person's consent, and in the process of committing the act of sexual battery, the offender either uses actual physical force likely to cause serious personal injury or threatens to use or actually uses a deadly weapon, then the crime is punishable by life in Florida State Prison.
Sexual Battery - First Degree Felony (Statutes & Constitution :View Statutes : Online Sunshine)
It is a felony in the first degree, punishable by 30 years in Florida State Prison, if the act of sexual battery is committed upon the victim who is 12 years old or older without the alleged victim's consent under the following circumstances:
Physically Helpless - When the victim is physically helpless to resist. Florida law defines the term "physically helpless" to mean being asleep , unconscious, or unable to communicate an unwillingness to participate in the act for any other reason.
Serious Personal Injury - When the offender coerces the victim to submit by using violence likely to cause serious personal injury on the victim or even threatening to use force when the victim reasonably believes that the offender has the present ability to execute the threat. Florida law defines the term serious personal injury to mean permanent disfigurement, permanent disability, great bodily pain or great bodily harm.
Retaliation - When the offender coerces the victim to submit by threatening to retaliate against the victim, or any third person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. Under the Florida statutes for sexual battery or aggravated sexual battery, the term "retaliation" is defined to include any threats of kidnapping, false imprisonment, physical punishment, extortion or forcible confinement.
Mentally Incapacitated - When the offender, without the consent or prior knowledge of the victim, administers any intoxicating substance, anesthetic or narcotic which physically or mentally incapacitates the victim. Florida law defines the term "mentally incapacitated" to mean being temporarily incapable of controlling or appraising the victim's own conduct due to the influence of an intoxicating substance, anesthetic, or narcotic administered without the victim's consent or due to any other act committed upon the victim without consent.
Mentally Defective - When the victim is mentally defective and the offender has actual knowledge or this fact or has reason to believe the victim has a mental disease. Florida law defines "mentally defective" as any mental defect or disease which renders a alleged victim either permanently or temporarily incapable of appraising the nature of his or her conduct. An individual who is mentally defective under Florida law may not be able to consent to any sexual act which could constitute sexual battery or aggravated sexual battery.
Physically Incapacitated - When the victim is physically incapacitated. Florida law defines the term "physically incapacitated" as meaning any bodily impairment or handicap that substantially limited the alleged victim's ability to flee or resist the act of sexual battery or aggravated sexual battery in such a way that negates any showing of consent.

Sexual Battery by Law Enforcement, Probation, or Correctional Officer- Florida Statute (4)(g)
It is a felony in the first degree, punishable by 30 years in Florida State Prison, if the act of sexual battery is committed upon the victim who is 12 years old or older without the alleged victim's consent when the offender is in a position of authority or control. Additionally, the victim in such a case almost always has a civil rights claim or a personal injury claim against the agency that employed the offender. Occupations that are included within term position of control or authority include:
  • law enforcement officer;
  • correctional officer;
  • correctional probation officer;
  • officer who supervises controlled release, community control, detention, custodial settings, probation, or similar settings;
  • or anyone who leads the victim to reasonably believe that the offender is in a position of control or authority as an employee or agent of government.
Anyone who has been the victim of an act of sexual violence by a law enforcement officer, probation officer, correctional officer, or prison guard should discuss the case with an experienced civil rights attorney in the greater Tampa Bay area. The law enforcement agency that will investigate the claim may not gather all of the evidence against the person accused. Additionally, although victims are rarely prosecuted for bringing false claims, the victim of a sexual assault or battery by a law enforcement officer can be charged with providing false allegations in a specially created statute to protect law enforcement officers.
False Accusations of Sexual Battery under Florida Law 794.011(4)(g)
Florida Statute Section 984.011(10) provides any any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree punishable by five years in Florida State Prison.
Surprisingly, such a criminal provision does not apply when the person falsely accused is not a law enforcement officer or other person in authority or control.
Sexual Battery - Second Degree Felony
A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use violence or physical force likely to cause serious personal injury commits a felony of the second degree which is punishable by 15 years in Florida State Prison. Florida law defines the term serious personal injury to mean great bodily harm, great bodily pain, permanent disability, or permanent disfigurement.
Sexual Battery - Custodial or Familial Position of Offender
If the person accused is in a custodial or familial position of authority over the victim, then the victim's consent or willingness to engage in the sexual act is not a defense. In fact, Florida law provides that even acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent.
In other words, it is not a defense that the person accused was not actually in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the person was in such a position.
Victim is 18 years old or older - If the person accused is in a custodial or familial position of authority over the victim who is less than 18 years of age, then the victims' consent or willingness to commit the act is not a defense to prosecution. Under these circumstances, the crime is a third degree felony punishable by 5 years in Florida State Prison.
Victim is between 12 and 17 - If the person accused is in a custodial or familial position of authority over the victim who is between the age of 12 and 17 years old, then the victims' consent or willingness to commit the act is not a defense to prosecution. Under these circumstances, the crime is a second degree felony punishable by 15 years in Florida State Prison.
Victim is under 12 years old - If the person accused is in a custodial or familial position of authority over the victim who is under the age of 12, then the victims' consent or willingness to commit the act is not a defense to prosecution. Under these circumstances, the crime is a first degree felony punishable by 30 years in Florida State Prison. If any such sexual battery injures the sexual organ of the victim then the crime is punishable as a capital or life felony.

Note for Statutory Rape Crimes -- Ignorance or belief as to victim’s age no defense.—When, in this chapter, the criminality of conduct depends upon the victim’s being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.


Related Links
Sex Crimes Criminal Defense Attorney in Clearwater, FL as well as Tampa, Hillsborough County, and Pinellas County.

Ignorance of the Victim's age is no defense to Statutory Rape under the Florida Statutes, see: Statutes & Constitution :View Statutes : Online Sunshine 

The Rules of Evidence to be used in Sexual Battery cases may be found at the following link: Statutes & Constitution :View Statutes : Online Sunshine

Florida's list of Qualifying Offenses for Sex Offender Registration Includes Sexual Battery - This information is found at the Florida Department of Law Enforcement. FDLE can be thought of as Florida's FBI with crime labs, evidence resources, and it's own law enforcement apparatus with a directive of solving crimes which transcend the jurisdiction or capabilities of local agencies such as the Hillsborough County Sheriff's Office (HCSO, Tampa) or the Pinellas County Sheriff's Office (PCSO, Clearwater, St. Petersburg). The FDLE information on sexual offenders & sexual predators, is presented under the Florida Sexual Predators Act under Florida Statute Section 775.21, and concerns the Registration of sexual offenders for sexual battery or aggravated sexual battery under the law of Florida.
Sexual Battery Information from the University of Florida Police - This web page is provided by the University of Florida Police Department and its Community Services Division and shows university students how they can lessen the chances of being a victim of sexual battery from perpetrators known or unknown.
University of Tampa's Guidelines on Sexual Assault - Each university in the Tampa Bay area has written guidelines specifically to deal with allegations of sexual assault involving a college student or employee of the University. The guidelines for sexual assault include the following: survivor assistance guides, educational programs and counseling programs, a rape victim's hotline, and the process for any campus disciplinary proceedings upon finalization of the investigation by the Tampa Police Department and the Hillsborough County Sheriff's Office or FDLE.
University of South Florida (USF) Guidelines on Sexual Assault - These guidelines are for USF and include the Victims' Advocacy Program which can assist University of South Florida students or employees who are victims of actual or threatened violence which may including the following crimes: assault, battery, sexual assault or sexual battery. The University of South Florida Police Department often investigate these allegations and report statistical information concerning rape allegations by students or employees of the University.