Law Enforcement at the Gasparilla Pirate Festival

Tampa Police Car

Tampa Police Car


The Role of Law Enforcement at the Gasparilla Pirate Festival

Local law enforcement agencies such as the Tampa Police Department, Hillsborough County Sheriffs, and Florida Highway Patrol will be present at the Gasparilla Pirate Festival to ensure the safety and security of all attendees. They will be enforcing laws and regulations related to alcohol, drugs, and disorderly conduct, among other things. Law enforcement will also be present to manage traffic and parking, and to assist in case of emergencies.


How to Stay Safe and Avoid Legal Issues at the Gasparilla Pirate Festival

Be aware of and obey all laws and regulations related to alcohol, drugs, and disorderly conduct. Follow all instructions and guidelines provided by law enforcement and event organizers. If you are drinking, do so responsibly and do not drive or operate a boat under the influence. Keep an eye on your belongings and be aware of your surroundings to avoid theft or other crimes.


What to do if You Encounter Law Enforcement at the Gasparilla Pirate Festival

If you encounter law enforcement at the festival, it’s important to remain calm and cooperative. Provide any requested identification or documentation, but do not volunteer any other information. If you are arrested or detained, you have the right to speak with an attorney before answering any questions or making any statements. Remember that you have the right to remain silent and to not incriminate yourself.


Alcohol and Drug Laws

Alcohol consumption is legal for adults over 21, but it’s illegal to operate a vehicle or boat under the influence, driving under the influence (DUI) or boating under the influence (BUI) is a serious crime in Florida that can result in severe penalties, fines, license suspension and potential jail time. The possession, use, and sale of illegal drugs is prohibited by law and can lead to arrest and prosecution.


Crowd Control

Law enforcement will be present at the festival to manage crowd control and ensure the safety and security of all attendees. If you encounter any issues related to crowd control, such as a blocked pathway or overcrowded area, follow the instructions of law enforcement and event organizers.


Conclusion

The Gasparilla Pirate Festival is a fun and exciting event, but it’s important to ensure the safety and security of all attendees. Local law enforcement agencies will be present at the festival to ensure the safety and security of all attendees and enforce laws and regulations related to alcohol, drugs, and disorderly conduct, among other things. To stay safe and avoid legal issues at the festival, be aware of and obey all laws and have a great time.


This information was researched using assistive intelligence technology AI.

How to get arrested at the Gasparilla Pirate Festival?

How to get arrested at the Gasparilla pirate fest?

How to get arrested at the Gasparilla pirate fest?

The Gasparilla Pirate Festival, also known as the Gasparilla Pirate Invasion, is an annual event that takes place in Tampa, Florida. The festival is known for its pirate-themed parade and festivities, which attract thousands of people from all over the country. However, with such a large crowd and an abundance of alcohol, it’s not uncommon for people to get arrested at the event. In this article, we will discuss the number of arrests that occur at the Gasparilla Pirate Festival and the reasons behind them.


Arrest numbers

The number of arrests made at the Gasparilla Pirate Festival varies from year to year. According to data from the Tampa Police Department, in 2019, a total of 57 people were arrested at the event. The majority of these arrests were for misdemeanors such as disorderly conduct, possession of open containers of alcohol, and resisting arrest without violence. In 2020, police arrested 69 people during the parade and related events. The most common charges were for disorderly conduct and alcohol offenses.


Reasons for Arrests

The most common way to get arrested and the reason for arrests at the Gasparilla Pirate Festival is related to alcohol. Many people consume alcohol in excess, which can lead to disorderly conduct, public drunkenness, and other alcohol-related offenses. Additionally, many people choose to drink in public areas, which is illegal.

Another common reason for arrests is related to disorderly conduct. Crowded events such as the Gasparilla Pirate Festival can be chaotic, and people may become involved in fights or other altercations. This can lead to arrests for disorderly conduct or other related offenses.

Another reason for arrests is related to drugs. Possession of illegal drugs can lead to arrests, and drug offenses are taken very seriously by law enforcement.


Arrests and the Law Enforcement’s role

The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the Gasparilla Pirate Festival. They work to keep the event safe for everyone by enforcing laws and regulations and making arrests when necessary. The police department establishes a strong presence at the festival to deter criminal activity and to quickly address any issues that may arise.


Conclusion

The Gasparilla Pirate Festival is a fun and exciting event that attracts thousands of people from all over the country. However, with such a large crowd and an abundance of alcohol, it’s not uncommon for people to get arrested at the event. The most common reasons for arrests at the festival are related to alcohol, disorderly conduct, and drugs. The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the event and make arrests when necessary. In 2019 and 2020, the number of arrest were 57 and 69 respectively.

It’s important to remember that the goal is to have a good time, but also to be aware of the laws and regulations to avoid getting arrested. Familiarize yourself with the local laws and regulations, be aware of your surroundings, drink responsibly, respect the police and other authority figures, don’t bring prohibited items and know your rights. With these tips in mind, you can enjoy the Gasparilla Pirate Fest safely and responsibly.


This information was generated using assistive intelligence technology AI.

Is cannabis use legal at the Gasparilla pirate fest?

Piratefest Ship - With a large crowd and an abundance of alcohol, it's important to be aware of the laws and regulations to avoid getting arrested. Here are some tips on how to avoid getting arrested at the Gasparilla Pirate Fest in 2023

Is Cannabis use legal at the Gasparilla pirate fest?

The use of cannabis, also known as marijuana, is currently illegal in the state of Florida. This includes the use of medical marijuana, which is only legal for certain qualified patients under state law. Therefore, cannabis use is not legal at the Gasparilla Pirate Fest or any other public event in Florida.


Possession of Cannabis in Tampa, Florida

In 2016, Florida voters approved a constitutional amendment (Amendment 2) to allow the use of medical marijuana for certain qualified patients. However, the possession, use, and sale of marijuana for recreational use remains illegal under state law. Florida Statutes, Title XLVI, Chapter 893, prohibits the possession, use, or sale of marijuana, and provides penalties for violation of these laws. Possession of 20 grams or less of marijuana is a first-degree misdemeanor, which can result in up to one year in jail and a fine of up to $1,000. Possession of greater amounts can result in more severe penalties, including prison time.


Cannabis remains illegal under State and Federal Laws

It’s important to note that although marijuana is legal for medicinal use in some states and for recreational use in some states and countries, it remains illegal under federal law. The use of marijuana is a violation of the federal Controlled Substances Act (CSA) and is classified as a Schedule I controlled substance. This means that it is illegal to manufacture, distribute, or possess marijuana.


Law Enforcement Presence

During the Gasparilla Pirate Fest, local law enforcement agencies such as the Tampa Police Department, Hillsborough County Sheriffs, and Florida Highway Patrol will be present to enforce the laws and regulations of the state of Florida. This includes enforcing the laws related to marijuana possession and use. Therefore, it’s illegal to use or possess marijuana during the Gasparilla Pirate Fest and can lead to arrest and penalties.


Conclusion

In conclusion, the use of cannabis, also known as marijuana, is currently illegal in the state of Florida, including the use of medical marijuana. It’s illegal to use or possess marijuana during the Gasparilla Pirate Fest and can lead to arrest and penalties. The possession, use, and sale of marijuana for recreational use is prohibited by Florida Statutes and is classified as a Schedule I controlled substance under federal law. Local law enforcement agencies will be present during the event to enforce the laws and regulations of the state of Florida.


This information was generated using assistive intelligence technology AI.

How many people get arrested at the Gasparilla Pirate Festival?

Piratefest Ship - With a large crowd and an abundance of alcohol, it's important to be aware of the laws and regulations to avoid getting arrested. Here are some tips on how to avoid getting arrested at the Gasparilla Pirate Fest in 2023

With a large crowd and an abundance of alcohol, it’s important to be aware of the laws and regulations to avoid getting arrested. Here are some tips on how to avoid getting arrested at the Gasparilla Pirate Fest in 2023


The Gasparilla Pirate Festival, also known as the Gasparilla Pirate Invasion, is an annual event that takes place in Tampa, Florida. The festival is known for its pirate-themed parade and festivities, which attract thousands of people from all over the country. However, with such a large crowd and an abundance of alcohol, it’s not uncommon for people to get arrested at the event. In this article, we will discuss the number of arrests that occur at the Gasparilla Pirate Festival and the reasons behind them.


Arrest Numbers at the Gasparilla Pirate Festival

 

According to data from the Tampa Police Department, in 2019, a total of 57 people were arrested at the event. (Source: Tampa Police Department)
In 2020, police arrested 69 people during the parade and related events. (Source: Tampa Police Department)


Common Reasons for Arrests

 

  • Alcohol-related offenses, such as disorderly conduct, public drunkenness, and possession of open containers of alcohol.
  • Disorderly conduct, such as fights or other altercations.
  • Possession of illegal drugs.

The Role of Law Enforcement at the Gasparilla Pirate Festival

 

The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the Gasparilla Pirate Festival. They enforce laws and regulations and make arrests when necessary to keep the event safe for everyone. A strong police presence is established at the festival to deter criminal activity and quickly address any issues that may arise.

Conclusion

 

In conclusion, the number of arrests made at the Gasparilla Pirate Festival varies from year to year, but it’s not uncommon for people to get arrested. The most common reasons for arrests at the festival are related to alcohol, disorderly conduct, and drugs. The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the event and make arrests when necessary. It’s important to remember that the goal is to have a good time, but also to be aware of the laws and regulations to avoid getting arrested. Familiarize yourself with the local laws and regulations, be aware of your surroundings, drink responsibly, respect the police and other authority figures, don’t bring prohibited items and know your rights. With these tips in mind, you can enjoy the Gasparilla Pirate Fest safely and responsibly.


This information was generated using assistive intelligence technology AI.

How to get arrested at the Gasparilla pirate fest?

How to avoid getting arrested at the Gasparilla pirate fest in 2023?

The Gasparilla Pirate Fest is an annual event that takes place in Tampa, Florida, where thousands of people come to celebrate and enjoy the pirate-themed parade and festivities. However, with a large crowd and an abundance of alcohol, it’s important to be aware of the laws and regulations to avoid getting arrested. Here are some tips on how to avoid getting arrested at the Gasparilla Pirate Fest in 2023:

Know the laws and regulations

  • Familiarize yourself with the local laws and regulations regarding alcohol consumption, disorderly conduct, and other potential issues.
    Understand the consequences of breaking these laws, including potential fines and imprisonment.
  • Be aware of your surroundings
  • Keep an eye on your belongings, as theft can occur in crowded areas.
    Avoid large crowds and stay away from any potential conflicts or fights.
    Drink Responsibly
  • If you choose to consume alcohol, do so responsibly and in moderation.
    Keep in mind that it is illegal to drink in public areas, and that the legal drinking age in Florida is 21.
    Be aware of the effects of alcohol on your behavior and decision-making.
    Respect the police and other authority figures
  • Follow the instructions of police officers and other authority figures.
    Do not argue or resist arrest, as this will only make the situation worse.
    Don’t bring prohibited items
  • Be aware of the items that are prohibited at the event, such as weapons and illegal drugs.
    If you are found to be in possession of these items, you may be arrested.
    Know your rights

Understand your rights as a citizen, including the right to remain silent and the right to an attorney.

Stay in control

Keep your emotions in check and avoid getting into arguments or fights.
Remember that the goal is to have a good time, not to get arrested.

Travel in groups

Going to the Gasparilla Pirate Fest with friends or family can help you stay safe and avoid trouble.
Stick together and look out for one another.
Be prepared for the weather

Conclusion

In conclusion, the Gasparilla Pirate Fest is a fun and exciting event, but it’s important to be aware of the laws and regulations to avoid getting arrested. Familiarize yourself with the local laws and regulations, be aware of your surroundings, drink responsibly, respect the police and other authority figures, don’t bring prohibited items, know your rights, stay in control, travel in groups and be prepared for the weather. Remember that the goal is to have a good time, not to get arrested. With these tips in mind, you can enjoy the Gasparilla Pirate Fest safely and responsibly.

Tips for Appearing in Court by Telephone or Video, Zoom, or Skype

We use a headset, external microphone, studio lights, and a plain white background. Camera, Lighting, and Microphone for Virtual Court Appearance

Camera, Lighting, and Microphone for Virtual Client Consultations and Virtual Court Appearance


Many hearings are now conducted by Telephone or Video, Zoom, or Skype. Some Florida Courts have strict rules for appearing.

The year 2020 generated a lot of changes for us all. Chief among them are how to appear safely court proceedings. To that end, some Florida courts have initiated formal rules of procedures and electronic hearings. While many courts have not overflow of this, these new Federal rules have some common sense tips that we all can find useful.

Some judges have noted that parties have not dressed appropriately for court. Business casual or a suit and tie seems to be the preference for most judges.


Ask yourself, would someone really expect you to be on a beach in Hawaii

while you are involved in an possibly life changing matter in court?


In addition, some software packages allow for changing backgrounds, make sure in the background is appropriate to the formality of the court. Ask yourself, would someone really expect you to be on a beach in Hawaii while you are involved in an possibly life changing matter in court?

Some judges prefer and some courts prohibit appearing from your vehicle.

Make sure your phone and video connection is stable.

Some courts require only one speaker for each party to speak on behalf of their cause. When you’re not speaking try not to interrupt. Make sure you identify herself each time you speak.


Tips for Appearing

We use a headset, external microphone, studio lights, and a plain white background. Generally, we also use this equipment for our virtual meetings with clients, witnesses, and other lawyers.

Here are the actual rules that for one court that will be in effect starting in early 2021.

Chief United States District Judge, Timothy J. Corrigan encourages litigants to “Please visit the Court’s website for more information about the changes to the Local Rules, including a video presentation (that will qualify for CLE credit) and bullet point summary explaining the changes.”

 


Florida District Court Rules on Appearing in Court by Telephone or Video, Zoom, or Skype

If a judge conducts a proceeding by telephone or video, a participant:

(1) must dress in professional attire and use a professional background if either is visible,
(2) must use a landline if available,
(3) must designate one speaker for each party or interested person,
(4) must not participate from a vehicle,
(5) must use the mute setting when not speaking,
(6) must try to avoid background noise or other interference,
(7) must wait for the judge to address the participant before speaking and must not interrupt a speaker, and
(8) must start each distinct presentation by saying “this is [name]” or the equivalent.

Stand Your Ground Defense in Florida

Stand Your Ground is a defense to some criminal charges in Florida. There is a high profile stand your ground case in Florida where a defendant shot someone in a parking lot dispute. The Stand Your Ground Defense Trial Live Feed is below. Beneath the video feed we have summarized what is needed to successfully establish self defense use of physical force, weapons, and firearms under state law.

 

According to CourtTV, “It all happened because of a parking spot dispute. Michael Drejka fatally shot Markeis McGlockton outside a local convenience store.” The network contends, “Shortly before the shooting, Drejka had confronted McGlockton’s girlfriend, Britany Jacobs, for using a disabled parking space with a permit. McGlockton came out of the store and pushed Drejka resulting in Drejka falling to the ground. Drejka drew his firearm and shot McGlockton. McGlockton later died from his injuries at a local hospital.”

Stand Your Ground Defense

Florida Law on Stand Your Ground “a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”

In short, a person is justified in the use of non-deadly force  and “does not have a duty to retreat before using or threatening to use such force.” The potential defendant probably will have to testify since hearsay evidence is inadmissible at such hearing.

 

Use of Deadly Force Law in Florida

 

“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”

https://www.flsenate.gov/Laws/Statutes/2018/776.012

Stand Your Ground Defense Trial Live Feed

 

STANDARD OF REVIEW FOR STAND YOUR GROUND HEARINGS

 

“A person who uses or threatens to use force as permitted in § 776.012″ ” is immune from criminal prosecution.” §776.032. When a defendant asserts statutory immunity, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).
Under § 776.012(1), ” a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” A person who is justified in the use of non-deadly force “does not have a duty to retreat before using or threatening to use such force. ” Id.

 

“An objective standard is applied to determine whether the immunity provided by these provisions attaches.” Mobley v. State, 132 So.3d 1160, 1164 (Fla. 3d DCA 2014). ” That standard requires the court to determine whether, based on circumstances as they appeared to the defendant when,he or she acted, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant. ” Id. 1164-1165.

 

ADMISSIBILITY OF EVIDENCE FOR STAND YOUR GROUND HEARINGS

 

A defendant has the right to a pretrial evidentiary hearing on his motion to dismiss based on §776.032 immunity. Satyanand v. State, 147 So.3d 662,663 (Fla. 5th DCA 2014). Hearsay evidence is inadmissible at such hearing. McDaniel v. State 24 So. 3d 654, 657-658 (Fla. 2d DCA 2009).

Florida Drug Court Blues – Video

Drug Court



Nixon, The War on Drugs, and Drug Courts – Video


Nixon declared war on drugs. Nancy Reagan just said no. Neither of those were effective strategies to help alleviate the problems flowing from the epidemic of drug abuse that plagues us to this day. Florida Drug Courts have come to their senses and prosecutors are using treatment courts to help people who are otherwise crime-free, seeking help to avoid convictions for serious drug crimes. Check the end of this post you will find the complete transcript of Nixon’s original declaration of war on drugs.



Songwriter and Investigative Journalist Mike Deeson and I worked on an investigative report on the positive impacts of Drug Courts in Florida. 40 years ago, President Richard Nixon declared a war on drugs. 3 years later, in 1974, he said the war was a success. Here is a new song called Florida Drug Court Blues.


“We must wage what I have called Total war against public enemy number one in the United States the problem of dangerous drugs.”

Richard Nixon


Florida Drug Court


In Pinellas County – a different approach Chief Judge Thomas McGrady says 80% of the crimes are related to substance abuse. For the most part the solution of the problem is incarceration. But in situations where they are non-violent and in a situation where we could get to the point where they could become productive members of society. That seems to be a better use of our limited resources to put it towards treatment rather than in prison.

Sentencing offenders to treatment instead of prison offenses costs taxpayers more than 377 million dollars a year.


“Drug offenders are not bad people trying to get good, they are sick people who can get well.”

Casey the Lawyer


One local sheriff said drug abusers should be in prison that’s working so well that’s keeping the people of this community and this state safe. He urges legislators and the governor to leave it alone. Drug treatment courts are too radical says the sheriff.


“Seeing violent offenders out of prison is too radical , some guy with a machine gun or rocket launcher, somebody who is a violent felon is not going to prison because some non-violent offender is in on a minimum mandatory drug sentence. That is too radical. That’s disturbs me greatly and it happens all the time.”

Casey the Lawyer


Sending a drug abuser to prison instead of into a program has a societal cost as well and there is a good chance that the judge will see that same drug abuser in front of him or her once again.


“Prison is graduate school for whatever they were doing before they got in there.”

Casey the Lawyer


At DACCO there is a 6 month residential program that has close to a 70% success rate at the cost of about $10,000 compared that to the average 6.4 year sentence costing taxpayers $124,000 per offender locked up.


As Mike Deeson said, Nixon “declared a war that is clearly being lost .”

Here is Mike’s Youtube Channel

https://www.youtube.com/channel/UClSXAwjKZLJxq0cy0VhtuXg/videos


Drug Treatment Court Resources


https://www.drug2go.com/p/drug-treatment-rehabilitation.html

/


Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971


Ladies and gentlemen:

I would like to summarize for you the meeting that I have just had with the bipartisan leader which began at 8 o’clock and was completed 2 hours later.

I began the meeting by making this statement, which I think needs to be made to the Nation: America’s public enemy number one in the United States is drug abuse. In order to fight and defeat this enemy, it is necessary to wage a new, all-out offensive.

I have asked the Congress to provide the legislative authority and the funds to fuel this kind of an offensive. This will be a worldwide offensive dealing with the problems of sources of supply, as well as Americans who may be stationed abroad, wherever they are in the world. It will be government wide, pulling together the nine different fragmented areas within the government in which this problem is now being handled, and it will be nationwide in terms of a new educational program that we trust will result from the discussions that we have had.

With regard to this offensive, it is necessary first to have a new organization, and the new organization will be within the White House. Dr. Jaffe, who will be one of the briefers here today, will be the man directly responsible. He will report directly to me, and he will have the responsibility to take all of the Government agencies, nine, that deal with the problems of rehabilitation, in which his primary responsibilities will be research and education, and see that they work not at cross-purposes, but work together in dealing with the problem.

If we are going to have a successful offensive, we need more money. Consequently, I am asking the Congress for $155 million in new funds, which will bring the total amount this year in the budget for drug abuse, both in enforcement and treatment, to over $350 million.

As far as the new money is concerned, incidentally, I have made it clear to the leaders that if this is not enough, if more can be used, if Dr. Jaffe, after studying this problem, finds that we can use more, more will be provided. In order to defeat this enemy which is causing such great concern, and correctly so, to so many American families, money will be provided to the extent that it is necessary and to the extent that it will be useful.

Finally, in order for this program to be effective, it is necessary that it be conducted on a basis in which the American people all join in it. That is why the meeting was bipartisan; bipartisan because we needed the support of the Congress, but bipartisan because we needed the leadership of the Members of the Congress in this field.

Fundamentally, it is essential for the American people to be alerted to this danger, to recognize that it is a danger that will not pass with the passing of the war in Vietnam which has brought to our attention the fact that a number of young Americans have become addicts as they serve abroad, whether in Vietnam, or Europe, or other places. Because the problem existed before we became involved in Vietnam; it will continue to exist afterwards. That is why this offensive deals with the problem there, in Europe, but will then go on to deal with the problem throughout America.

One final word with regard to Presidential responsibility in this respect. I very much hesitate always to bring some new responsibility into the White House, because there are so many here, and I believe in delegating those responsibilities to the departments. But I consider this problem so urgent—I also found that it was scattered so much throughout the Government, with so much conflict, without coordination—that it had to be brought into the White House.

Consequently, I have brought Dr. Jaffe into the White House, directly reporting to me, so that we have not only the responsibility, but the authority to see that we wage this offensive effectively and in a coordinated way.

The briefing team will now be ready to answer any questions on the technical details of the program.


Download Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971


Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971 – Google Docs


 

Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971 Florida Drug Court

Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971 Florida Drug Court

How to Get Arrested for Racing | Use Baseball Diamond for Track

Criminal Mischief Damage Over $1000

Criminal Mischief Damage Over $1000

Criminal Mischief Attorney

Criminal Mischief Attorney Needed


Defense Attorney and racer has been looking for opportunities in dirt track racing. Never thought of this – motorcycles were observed by officers [on baseball diamond] . . . Officers were able to stop all of the motorcycles before the riders could flee. ” So says the Tampa Tribune.
 
“There were no injuries, but both the infield and outfield were damaged and will require repairs before it can be used for play, according to the report.” 
 

If you have been charged with CRMS3000 CRIMINAL MISCHIEF $1000 OR MORE Call Me – Defense Attorney Tampa at 1-877-793-9290 and tell me your story.


 

 

 
Form Code: CRMS3000

 

 

 

Florida Statute: 806.13.1B3

 

 
Description: CRIMINAL MISCHIEF $1000 OR MORE


806.13 Criminal mischief; penalties; penalty for minor.


(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.


3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Pasco Criminal Defense Attorney Denied Access to Client – Conviction Overturned

Is a defendant allowed access to an attorney when questioned by the police?

 

Not in Pasco County, Florida – Until this week, a Pasco Criminal Defense Attorney could be denied access to a client who was under interrogation by detectives. A running joke in this small Florida county was that, “The Supreme Court closes at 5 o’clock.” The cops here run over defendant’s rights with great pride and have the support of the Prosecutors.

“he must be clearly informed that he has the right to

consult with a lawyer and to have the lawyer

with him during interrogation”

Pasco Criminal Defense Attorney

“I want all questioning to stop. ” Said the Pasco Criminal Defense Attorney

Is a defendant allowed access to an attorney when questioned by the police? Let’s take a look at the issue as decided by the Florida Supreme Court. Pasco County detectives were up to their old tricks in violating a defendant’s rights in a murder case. The Florida Supreme Court has reversed a murder conviction.

A Pasco County Criminal Defense Attorney retained by the family arrived at the police interrogation. After determining that The defendant was being interrogated in the building, the deputy at the counter advised the attorney that it would not be possible to convey any information to the location where The defendant was being questioned by any means, including e-mail, telephone, a knock on the door, or even a note slipped under the door. Although the attorney stated:

“I want all questioning to stop.

I don’t want anymore [sic] questioning

to go on without my presence.”

The attorney was not allowed to see or otherwise communicate with the defendant in any manner. Facing that insurmountable obstacle, the attorney departed from the sheriff’s office at 2:17 p.m., just ten minutes before the defendant commenced his confession. The defendant was first informed about the presence of the attorney only after he directed the detectives to the burial site.

What is in the Miranda Warnings?

We have all seen countless television shows where cops give warnings to suspects. Apparently these cops did not watch television or chose to avoid the important provisions of the landmark Constitutional decision, Miranda v. Arizona, 384 U.S. 436 (1966). However, we can go right to the language used by the United States Supreme Court to see what they told police and prosecutors 50 years ago:

“The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.” Miranda v. Arizona, 384 U.S. 436 (1966). Let’s see what the Florida Supreme Court said about this type of police conduct.

“defendant’s statement resulted from a law enforcement officer’s illegal actions,

that evidence is ‘fruit of the poisonous tree’ and the trial court should exclude it

from trial.”

Pasco Criminal Defense Attorney Case Excerpts

 

“In light of the foregoing, we hold that McAdams’s right to due process under the Florida Constitution was violated when law enforcement officers failed to inform him that an attorney retained by his parents had arrived”

“There is not necessarily a single specific comment, question, or circumstance that converts an encounter from noncustodial to custodial. A situation can commence as a voluntary interaction with police, but slowly intensify and become more pressured, pointed, and accusatory until it evolves into custodial status.”

“[W]e hold that when a person is questioned in a location that is not open to the public, and an attorney retained on his or her behalf appears at the location, the Due Process Clause of the Florida Constitution requires that law enforcement notify the person with regard to the presence and purpose of the attorney, regardless of whether he or she is in custody.”

“In Miranda, the Supreme Court explained that: the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would not otherwise do so freely. 384 U.S. at 467. Failure to provide the Miranda warnings prior to custodial interrogation generally requires exclusion from trial of any post-custody statements given. Missouri v. Seibert, 542 U.S. 600, 608 (2004); see also Deviney v. State, 112 So. 3d 57, 79 (Fla. 2013) (“[I]f a defendant’s statement resulted from a law enforcement officer’s illegal actions, that evidence is ‘fruit of the poisonous tree’ and the trial court should exclude it from trial.”).”

Florida Association of Criminal Defense Lawyers Summary

Here is the Florida Association of Criminal Defense Lawyers Summary of State v. McAdams, 41 Fla. L. Weekly S167a (Fla. 2016) – This matter is before the Court for review of the decision in McAdams v. State, 137 So. 3d 401 (Fla. 2d DCA 2014). In its decision, the district court ruled upon a question that it certified to be of great public importance. The Sheriff’s Office was notified that Lynda, the estranged wife of McAdams, and her boyfriend/coworker, Andrews, had been reported missing by concerned family members. A detective was questioning McAdams at the police department, when an attorney hired by his parents arrived. McAdams was first informed about the presence of the attorney only after he showed detectives where the victims were buried. When an individual is being questioned in a non-public area, and an attorney retained on his or her behalf arrives at the location, the Due Process Clause of the Florida Constitution requires that the police notify the individual of the attorney’s presence and purposes, regardless of custodial status. His right to due process under the Florida Constitution was violated when the officers failed to inform him that the attorney had arrived. Although custodial status is irrelevant to a person’s right under the Florida Constitution to know that an attorney retained on his or her behalf is present at the location where he or she is being questioned, the trial court and district court erred when they’’determined he was not in custody before he confessed to the homicides. A Miranda violation’’occurred when his confession was admitted during the trial. Although he was not in custody’’initially when he voluntarily accompanied law enforcement to the sheriff’s office, the evolving’’circumstances would lead a reasonable person to conclude that he or she was not at liberty to’’terminate the encounter and depart from the sheriff’s office. The erroneous admission of the’’highly detailed confession was not harmless error.

Sources:

State v McAdams https://www.floridasupremecourt.org/decisions/2016/sc14-788.pdf

Miranda v. Arizona, 384 U.S. 436 (1966).

FACDL