Month: September 2021

The United State Supreme Court decided several years ago that life sentences without the possibility of parole for juveniles – IN NON MURDER CASES ONLY – is cruel and unusual punishment in violation of the Eight Amendment. In Graham v. Florida, a 16 year old was sentenced as an adult to 3 years of probation for various felony charges. He violated his probation, by committing new crimes, and the judge sentenced him to the MAXIMUM on one of the charges which was life. (The charge was Burglary)

Florida does not have parole.  Executive clemency is next to impossible to get. So the kid has no chance of ever getting out of prison. The Supreme Court said the inability for a juvenile, who has less maturity than an adult, to NEVER be released from prison for a non-homicide crime amounts to “cruel and unusual punishment” and thus said the kid must be resentenced. (If anyone knows how that went, let me know)

Recently, the Second DCA, wrote a conflicted opinion about a sentence given to a 13 year old for armed kidnapping, rape, robbery, and a slew of other charges. The kid was first sentenced in Pinellas County and given 27 years. Having committed very similar crimes in Hillsborough, he was given 65 years, to run consecutive to the 27 years. (Consecutive means after he finishes his first 27 years, then he starts the 65 years) The kid’s argument on appeal is that 92 years in prision is the functional equivalant of life without parole and thus violates the Eight Amendment. (See Jose Walle v. State) But the 2nd DCA said that because he had not been sentenced to “life”, technically he didn’t fit into the category mentioned by the US Supreme Court in Graham v. Florida. So they have asked the Florida Supreme Court for an answer.

The problem with this case is that one never knows if one or more of those charges might get thrown out on appeal. For example, if the Hillsborough charges are somehow overturned on appeal, the kid would only have 27 years – which is a legal sentence. (In this kid’s case, it probably doesn’t matter anyway since he’s an illegal immigrant and will be deported whether he dies in prison or not. But that’s another issue for another day.)

If anyone is still reading – and your child has been arrested for any FELONY charge – you have to hire Fighter Law right away.  Do not wait for a “court date” – it’s too late then – ONCE JUVENILE CHARGES ARE FILED IN ADULT COURT – THERE IS NO WAY TO GET THEM BACK INTO JUVENILE COURT AND PRISON IS HIGHLY PROBABLE. Just call me – even if you think you can’t afford an attorney. Consultations are free on criminal cases.

By now most people know the story of the 16 year old boy who threatened to blow up his high school in Tampa, Florida and along with killing more than 32 people. A Hillsborough County judge just sentenced him to 15 years in adult prison. He is now 18 years old, which means he will be in the general population of the Florida Department of Corrections.

Since he committed the crime when he was only 16 and due to the severity of the crimes charged, the Hillsborough County State Attorney made the decision to file the charges in adult court. The Florida legislature, in their infinite wisdom, givse the State Attorney the option in most juvenile cases, if the child is over the age of 14, to file charges in adult court. Clearly we can all see the problem with this.  Adult sanctions are meant for punishment only, no one cares about rehabilitation. What happens to a 16 year old kid who’s sent to prison for 15 years? Potentially, the kid could become a productive member of society afterward – but it’s doubtful and I’ve never seen it happen.

In this case, the kid pled open in court, which means there was not a negotiated plea with the prosecutor. From a criminal defense attorney standpoint, this is VERY risky. Especially in a high profile case. The judge recoginizes that EVERYONE will be watching what she does and she will be scrutinized by the press and the public. In this economy, judges will not run the risk of losing their jobs. And Florida LOVES to talk about being TOUGH ON CRIME. In fact, Florida is one of the few states that more often than not, transfer children into adult court for prosecution.

In my experience, a good criminal defense attorney can make the argument to the State Attorney PRIOR TO FILING CHARGES, to keep the case in juvenile court.  I don’t think any criminal defense attorney could have kept this case in juvenile court because of the seriousness of the allegations and the potential (whether real or bravado of a 16 year old kid) for diasater was so high. Imagine if they didn’t take this kid seriously, and he somehow got out of these charges, only to plot and actually carry out his threats at a later date.

Most people living any where in the US have heard about teenagers who post their “crimes” on Facebook or YouTube and then get caught. (And in a Criminal defense attorney‘s experience, I’ve seen plenty of “adults” do the same thing and get caught!)

Today’s St. Petersburg Times posted an article about the recent battery charges against some Mitchell High School girls who hit a girl on the bus, videoed it with their cell phone, then posted it online. Wasn’t really that hard for the police to find them, which is good because in Pasco, if they can’t shoot the fish in barrel, they give up. (Think the robbery of the Payless Shoe Store at 9:30 in the morning)

So the mother of the victim and the victim are in the paper, AGAIN, expressing their disbelief that the girls have pleaded NOT GUILTY.  First of all, this mother and her daughter have been in the paper several times and on the news. Clearly, they’re waiting to file a lawsuit against SOMEONE, but know they have to wait until the girls are convicted. (note that the comments from readers underneath the news story mention a law suit several times.) Lakeland criminal lawyer will give you the best result of this type case.

Secondly, in every criminal case, the first court appearance merely tells a Defendant what he or she is charged with and allows the Defendant to plead either guilty or not guilty.  Any halfway smart defendant, or anyone represented by an attorney, will ALWAYS PLEAD NOT GUILTY. Otherwise they are not entitled to seeing any of the evidence against them, like the police report or witness statement. It’s the way the system in AMERICA works. If this mother and her “victim” daughter want them to immediately be found guilty of the crime, with no presentation of evidence and witnesses, then perhaps they should move to Iraq.

Thirdly, because the “victim” in this case has made such a big deal out of this “crime”, an otherwise minor juvenile crime, which normally would be handled without any appearances in court, has become a giant waste of our tax dollars. Everyone is going to court, the press is there, it takes the judge twice as long to do anything because he wants to make a perfectly clear record in case of appeal. It’s a giant circus for a simple battery charge.

Let’s face it, everyone has a horror story from high school. And everyone did something in high school that wasn’t right, or they certainly wouldn’t do as an adult. Which is why there is a juvenile system in Florida, to allow children to accept responsibility for their mistakes but not wreck their lives with criminal convictions. I am not advocating what those girls did, I’m merely saying that the conduct of the victim, in going to the press with her woes, is somewhat suspect.

We have all heard stories of young men, and occasionally women, being prosecuted for sexual relationships that are consensual and occur among their peers in high school. It usually happens when the parents of the younger person insist on prosecution. For example, a senior in high school, who happens to have turned 18, has a sexual relationship with a freshman who happens to be 14. This is a felony in Florida and would require the 18 year old to register as a sex offender if he or she were convicted.

Interestingly, the way the sex offender and sexual predator laws are written in Florida, a child 14 and younger is not required to register as a sex offender or sexual predator if they are “convicted” of a sex related offense. Anyone over 14 is, unless, of course, the Court “withholds adjudication” which means there is no “formal” finding of guilt and therefore no conviction. (I am regularly asked whether or not these “withholds” show on a background check, and the answer is:  it depends on what kind of background check and who is doing it. Because the circumstances of all cases are different, as are the reasons behind background checks, call me if you have a question.)

The Tampa Bay Times reported today a case of an 18 year old high school senior who was having a sexual relationship with another 15 year old freshman. They are both girls. Because the older girl is 18, she is being charged as an adult with lewd and lascivious molestation of the younger 15 year old. Why? Because 15 years old’s, according to the law, can’t consent. AND, because the 15 year old’s parents had a fit when they learned of the relationship and persuaded the police and State Attorney’s Office to prosecute. The State is now offering the older girl a plea deal of 2 years of house arrest and one year of probation. But she’d have to register as a sex offender which would clearly affect her housing choices for the rest of her life. (I personally think she has a great trial case, but I’m hoping her Brian Gabriel, a West Palm Beach sex crimes lawyer does too.)

When legal pundits and CNN talk about issues like this, they are forever crying about the “legislative intent” behind a law. If one were to discuss the “legislative intent” behind the law requiring convicts to register as sex offenders, I’m not sure the legislature could have contemplated a case such as this. According to the newspaper and her parents Facebook page, their 18 year old daughter Kaitlyn was a model student and athlete, headed to college to be a nurse. According to the same source, the girlfriend admits the relationship was entirely consensual and she was never pressured into the sexual relationship. The Kaitlyn’s parents have started a petition, with 14,000 signatures already, in an attempt to pressure the State into dropping the charges against Kaitlyn. By all accounts, her case seems unfair. But that’s what happens when a law in enacted that provides for no judicial or prosecutorial discretion.

One of the most common juvenile crimes that I see are juvenile car burglaries.  These frequently happen in neighborhoods where kids may be walking around at night and trying to open up unlocked cars looking for loose change or cigarettes. Kids call this crime CAR HOPPING. Usually these types of crimes are harmless and the kids who do this certainly don’t think it is a big deal. The cars are unlocked so there is no damage and they rarely take factory installed items like stereos or speakers. But sometimes, the innocent search of change in an unlocked car might reveal a computer, Ipad, cell phone, GPS, or worse yet – a gun. This is when the owners of the property will report the theft, otherwise, they probably would not notice some missing change. Although you and I might not think this is the crime of the year, car burglaries – legally called Burglary of an unoccupied conveyance – is a third degree felony – punishable by up to 5 years in PRISON if the child is charged as an adult. Parents frequently say to DUI attorney – “But he only took less than a dollar in change!” I know, however it doesn’t matter the amount or what was taken, the point is that the child went into someone else’s property, without permission, and committed a theft. (Burglary is legally defined as entering and committing any crime, not just theft) And if the child enters the car, and someone is stupid enough to leave their personal gun in the car, and he takes that gun, the third degree felony becomes an armed burglary, which is punishable by LIFE.

So unless something of value is taken from the car, many car burglaries go unreported. And even when the car burglary is reported, it is often difficult for the police to catch anyone. So how do the police catch the kids?  Fingerprints.  Usually, or I would hope, when a victim calls the police on a car burglary, someone should come take a report, and usually some forensic person will come take prints of the inside and outside of the car. (This is what usually happens in the cases I have handled, although I have talked to plenty of victims who say that neither a police officer or a forensic examiner ever came to the home to take a report) But if there are fingerprints that can be retrieved, and they don’t match the homeowner or any occupant sof the car, AND if the thief’s fingerprints are on file – then usually the police can make an arrest. Contact Car accident lawyer in Michigan if you are in a car accident.

But here’s the interesting part – just because the police matched the fingerprints to someone, and that person did not have permission to be in the car, and there are things missing from the car – FINGERPRINTS alone are not enough to get a conviction on a burglary charge. Why not?  Because unless there is some way to prove that those prints were put there at the time the theft occurred (or obviously unless there aren’t’ any witness, co-defendant snitching, or other evidence) there is REASONABLE DOUBT as to when those prints got on or in the car.

In a recent Second DCA case out of Tampa, FL, a juvenile was arrested and ultimately went to trial on a burglary in a car. The only direct evidence the State presented at trial were the juvenile’s fingerprints found on a newspaper inside of the car. There was no evidence of when or where or how that newspaper got into the car, and thus no way to prove that the prints on the newspaper were put there while the paper was in the car. Obviously the prints could have been on the newspaper before it was in the car. Maybe the kid was the newspaper delivery boy, or he otherwise touched the paper at another time. So because there was no way of proving when the fingerprints were put on the newspaper, the appellate court said there was not enough evidence to convict the child of burglary.

Austin motorcycle accident lawyer talks to many parents about crimes like these and one of the worst things you, as a parent, can do when your child is being, or about to be, questioned by the police, is agree to it, let the police into his or her room to search it, and tell your child to “just tell the truth”. I am NOT advocating lying. I am merely telling you, as a parent, that although you are 100% certain there is nothing illegal in the child’s room, or that he or she definitely wouldn’t commit a crime like this – on the rare chance that you are wrong, the consequences are irreversible. Trust me. So, even if you are right, and I hope that you are, don’t let the police into his bedroom to search. There may be something else in there! Call me. I routinely answer questions for parents about their rights and the rights of their children  – for free. And if you find yourself in a position where you didn’t follow the above advice, call me.

Accutane is a medication which is typically used for the treatment of severe acne. This medication is usually prescribed as a last resort when other acne medications have proven to be ineffective for the patient. Though this medication is prescribed to many, many patients, it is not always safe to take. Women who are pregnant should never take Accutane, as it can cause serious, life threatening birth defects.

Birth Defects

Birth defects caused by Accutane include problems with the baby’s eyes, ears or brain. The heart, skull, face and head of the baby can also be deformed or affected in some way by as a side effect of the drug. These birth defects may occur after just one dose of Accutane.

Serious Side Effects

Birth defects are not the only side effect associated with Accutane. Other side effects include Ulcerative Colitis and Crohn’s disease. These side effects may occur in both men and women. Other serious or life threatening side effects include inflammatory bowel disease, liver failure, suicidal contemplation and gastrointestinal disorders. These are serious conditions that require you to seek immediate medical help.

Medium Side Effects

There are other harmful side effects which are not as severe that result from the consumption of Accutane. These include acne problems, dry skin, thinning hair, headache and fatigue. Some women also experience impetigo, muscle pain, menstrual problems, brittle nails and sensitivity to sunlight.

Medical and Legal Options

These problems can become severe and any reaction to the medication should be immediately reported to a doctor. If you experience these side effects, you should discontinue use of the Accutane immediately and seek help from a medical professional. Since many women have experienced these harmful side effects, they have been prompted to seek legal assistance for an Accutane lawsuit. These lawsuits are intended to cover the costs of the expenses and pain and suffering caused by the medication. For more Click here.

Though Accutane is prescribed to thousands of patients per year, this drug can cause serious harm to patients who are simply trying to get clearer skin. If you have taken Accutane and have experienced these harmful side effects, you should seek help now to recover both your health and your well being.

Accutane, also known as isotretinoin or roaccutane, is considered a miracle drug by some dermatologists. It was first developed as a chemotherapy drug until it was revealed that it could also dramatically clear up troubled skin.

Dermatologists won’t prescribe Accutane lightly. It is usually a last resort after other antibiotics and topical treatments have been used, and the patient still suffers from severe scarring acne. Accutane can provide great benefits in battling severe acne, however numerous serious side effects have been reported against the medication.

Accutane has been very profitable for the pharmaceutical giant Hoffman-LaRoche since the drug was approved by the FDA in 1982. However, concern over alleged serious side effects has reversed that trend.

Mild to Medium Side Effects

• Headaches
• Chapped lips
• Dry skin
• Dry eyes
• Thinning hair
• Dry nasal passages/nosebleeds

Serious Side Effects

• If Accutane was used while pregnant, miscarriage, birth defects, premature births, and deaths in babies
• Depression, suicide attempts, suicide
• Hepatitis and liver damage
• Auto accident attorney
• Inflammatory bowel disease, ulcerative colitis, Crohn’s Disease, and rectal bleeding
• Spontaneous osteoporosis, decrease in bone density, bone fractures, delay in healing of bone fractures, and muscle weakness
• Decreased night vision
• Temporary or permanent hearing loss
• Temporary high cholesterol
• Severe allergic reaction

FDA Response

The FDA instituted programs informing patients of the risks if they chose to use Accutane. In addition to a detailed warning brochure, the FDA requires all patients to sign a consent form. There have also been a sequence of programs put in place in an attempt to protect pregnant women, but those have so far failed to reduce the number of birth defects. In 2002, 20 years after the drug was first approved, Roche began the SMART program (System to Manage Accutane-Related Teratogenicity) but it was not very effective in preventing birth related side effects. It was replaced on December 31, 2005 by the FDA’s iPledge program. This program requires doctors, patients, and pharmacies to register with iPledge to prescribe, use, or fill prescriptions for Accutane or any other forms of the chemical.

Legal Consultation

If you or a family member has suffered from any of the birth related complications from prenatal Accutane exposure or any of the other side effects listed, please Click here to determine if you are eligible to file a lawsuit. It’s important to have representation that is experienced with Accutane claims. After all, you can be assured that Roche’s lawyers will be experts in the matter.

Accutane, also known by the generic name Isotretinoin, is a medication generally prescribed to reduce or fully exterminate acne. Isotretinoin is a derivative of vitamin A (classifying it as a retinoid) which is found to decrease production of sebum, an oily and waxy substance made up of the remnants of dead cells that, at one time, produced fat. This means sebum is mostly made up of fat, dead skin cells, or bacteria, which causes acne to develop on skin surfaces. Sebum has also been found to cause oily hair and increased quantities of earwax. Reducing sebum production has been successful in the attempt to thwart acne, however, the amount required is referred to as a “toxic” dose of vitamin A and results in some severe side effects.

Manufacturer Liability

Several grievances have been filed regarding complications of health, resulting in a large number of changes made over time to the warning label on the medication. As per federal law the producer of a prescription drug is required to reflect any serious and proven risks to one’s health as a result of being prescribed to their product. Accutane’s manufacturers, Hoffman-La Roche, have now been required to list on Accutane’s warning label the risk of inflammatory bowel disease in patients who previously had no history of intestinal disorders.

IBD and Rectal Bleeding

Inflammatory bowel disease can cause abdominal pain, severe diarrhea, and rectal bleeding. Rectal bleeding (medical name: hematochezia) is a severe symptom of several potential health complications and a well documented sign of the early stages of rectal cancer, therefore the occurrence of rectal bleeding is of particular concern to most individuals.

Causes of Rectal Bleeding

Many conditions can result in rectal bleeding. The conditions most often found to be the cause include inflammatory bowel syndrome, anal fissures, hemorrhoids, colon or rectal cancer, diverticulosis, ulcerative colitis, ulcerative proctitis, Crohn’s colitis, infectious colitis, ischemic colitis, and Meckel’s diverticula. Rectal bleeding varies in severity and amount of blood loss, and some of the more serious cases result in heavy amounts of blood loss which leads to fatigue, dizziness, low blood pressure, shock, and occasionally a severe drop in blood pressure when moving from sitting to standing positions known as orthostatic hypotension. Rectal bleeding in any stage of severity has also been documented to cause severe stomach pains and painful bowel movements.

FDA Regulations and Requirements

Federal law indicates that reporting side effects from prescription medication is on a voluntary basis. The high quantity of reports indicating inflammatory bowel syndrome resulted in the warning label classification, and are seen as a clear indicator of the tie between Accutane and rectal bleeding. It has been advised through many outlets to discontinue use of Accutane at the first sign of abdominal discomfort, severe diarrhea or rectal bleeding, and it is also frequently noted that there is a serious possibility of legal recourse as a result of these symptoms. Federal way injury lawyer can give you the information you need and advocacy you deserve.

Accutane is a prescription medication often reserved for the most severe cases of acne, but the troubling side effects have recently been proven to be very detrimental to the health of the patients relying on the medicine. The possibility of liver failure is a primary concern of individuals that have been taking the medication for a lengthy period of time. Patients that are currently using Accutane or have previously used the medication need to be aware of the potential warning signs of liver failure.

Cirrhosis of the Liver

Many medications have been proven to cause some type of liver damage, and the result is the buildup of scar tissue on the inner linings of the organ. Cirrhosis of the liver occurs when the scar tissue that is being built up gradually replaces the healthy tissue. The liver has an important role within the human body and serves as a filter to all foreign materials and substances. Even normal nutrients and mild toxins can prove to be deadly if they are not adequately filtered by the liver, so repeated damage often leads to liver failure. Cirrhosis can also be associated with serious illnesses such as Hepatitis, so it is necessary to consider the warning signs in order to detect a possible cause of the damage to the liver as quickly as able.

Symptoms of Liver Damage

Some of the warning signs of liver damage can include nausea, vomiting, sudden weight loss, rapid weight gain, dehydration, changes in appetite, and diarrhea. Many patients don’t seek medical treatment in time because they mistake the symptoms that they are experiencing for a mild illness or flu. By the time a patient seeks medical attention, the damage to the liver may already be severe enough to lead to liver failure. Some patients are not concerned with the early warning signs because their physician has advised them that Accutane itself can cause nausea. Several indicators of impending liver failure are more severe and may not manifest themselves until a significant amount of damage has already been done. These signs include severe swelling or retention of fluids, jaundicing, changes in mental status or confusion, and abdominal problems.

Dealing with Liver Failure

Once liver failure occurs, it cannot be treated or reversed and the only acceptable way to remedy such permanent damage is for the patient to receive an organ transplant. If liver damage is detected prior to complete liver failure, patients have a much stronger prognosis and can often be treated. Patients currently on Accutane should have frequent blood work processed to check for increased liver enzyme levels. Patients that have taken Accutane in the past should also have a comprehensive metabolic panel completed to rule out any possible liver damage.

Legal Consequences

Multiple lawsuits have already been filed by Wrongful death lawyer in Newport Beach against Roche Pharmaceuticals, who are the creators and manufacturers of Accutane. Because the serious side effects and detriments are not limited to liver failure, patients need to be aware that the medication can also cause other illnesses and conditions such as Crohn’s disease, colitis, severe depression, suicide, and others.