» Federal Criminal Defense Law

Lakeland, FL (Law Firm Newswire) April 29, 2015 – Among the many factors that go into determining a convicted offender’s sentence is mental capacity. A defendant’s mental incapacity, once proven, may result in delayed sentencing until the individual is deemed better or may result in a reduced sentence under U.S. Sentencing Guidelines. Judges decide each case on its merits, as no two cases are ever the same. Diminished capacity is not applicable as a defense if the defendant’s mental incapacity was the result of voluntary ingestion of drugs or alcohol. State laws tend to vary on this issue. Also it […]


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Lakeland, FL (Law Firm Newswire) April 22, 2015 – T.V. crime shows have made many familiar with the part of the Miranda warning stating that if the offender cannot afford an attorney, the court may appoint one for them. The U.S. constitution guarantees the right of an accused to speak to an attorney. Public defenders came into being in the United States in 1963, as a result of a decision handed down by the U.S. Supreme Court in Gideon v. Wainwright. It stated the Sixth Amendment mandates that the government provide free legal counsel to indigent defendants in criminal cases. […]


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Lakeland, FL (Law Firm Newswire) January 15, 2015 – Committing a crime against the justice system is an act involving a disruption of the operating of the system itself – a system that protects the rights of all Americans. For those that watch reality court TV or police shows, the terms defying a court order or being held in contempt of court are fairly familiar. In some instances, authorities do not consider these offenses to be criminal, but if they are, they may be punishable by jail time and the imposition of fines. Most are not aware that being in […]


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Lakeland, FL (Law Firm Newswire) January 8, 2015 – Victimization via computer is a growing problem for law enforcement. It is not easy to track cybercrimes, and the more sophisticated cybercriminals become, the harder it is to keep up with the latest in technology to catch them. “More often than not, cybercrimes have been perpetrated against children,” says Thomas Grajek, a Lakeland, Fla. criminal defense attorney. “However, over the course of the last few years, crimes against older teens and young adults have also been on the rise. Consider the case of the male nurse who counseled at least two […]


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Philadelphia, PA (Law Firm Newswire) January 5, 2015 – The Zeiger Firm, a Philadelphia law firm focusing on criminal defense and civil actions against government entities, is pleased to announce the launch of a new website, Zeigerfirm.com. With the launch of this website, founding attorney Brian Zeiger hopes to better connect with members of the Philadelphia community who have been victimized by overzealous law enforcement, prosecutors, or criminal justice agencies. Recent events involving the deaths of unarmed individuals at the hands of law enforcement officials have highlighted a serious problem that has been ignored for years. While these are extreme […]


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Lakeland, FL (Law Firm Newswire) December 11, 2014 – The main goal in dealing with juvenile offenders is always rehabilitation. If the crime committed is too serious for juvenile court, an offender may be tried in adult court. “Every state has a juvenile offender age limit, but it is not the same age everywhere. For example, New York and North Carolina’s age limit is 15 and under, while other states consider anyone under the age of 18 who commits a crime to be a juvenile offender,” outlined Lakeland criminal defense attorney Thomas C. Grajek. The juvenile justice system has broad […]


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Lakeland, FL (Law Firm Newswire) December 4, 2014 – Americans have a constitutional right to bear arms, but owning a gun to commit a crime is another matter. If a firearm is used during the commission of a crime, penalties are increased and there may be no chance for parole. “According to the Constitution, owning a gun in the United States is a right enshrined in the Second Amendment. Most people know this as the right to “keep and bear arms.” But there are restrictions on this right — like requiring a permit to carry a concealed weapon,” explained Thomas […]


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Lakeland, FL (Law Firm Newswire) August 27, 2014 – There are exceptions to police warrant requirements. In some cases, officers can search a person or his or her personal property without a warrant. “The most common exception allows a vehicle search with probable cause. The main question here is, what kind of facts may lead to probable cause for a search for legal possession of medical cannabis?” said Thomas C. Grajek, a Lakeland criminal defense attorney. “States that have legalized some forms of marijuana possession and/or use are trying to determine when the possession of cannabis triggers probable cause for […]


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Lakeland, FL (Law Firm Newswire) August 20, 2014 – DUIs usually refer to driving while under the influence of alcohol. With marijuara being more commonly used for a variety of reasons, such as medically/recreationally, comes the debut of marijuana DUIs. “As marijuana is sometimes used for medical purposes, there is a huge gap among states as to what defines driving under the influence. Twenty-three states and The District of Columbia are currently struggling to find an answer to that question. Interestingly, an Arizona court may have provided the solution to the question –and not just for Arizona, but across the […]


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Orlando, FL (Law Firm Newswire) March 24, 2014 – Mr. Anderson was involved with the robbery of a fast food restaurant a little over a decade ago in Missouri. He was convicted, appealed, and lost his appeal. However, because of a clerical error by the state, no one ever came to collect him since he was out on bond. In fact, his attorney didn’t even tell him to turn himself in, to just wait, that it was normal for it to take a week or two. First weeks went by, then those weeks turned into months, the months turned into […]


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Participants are paid to review branding material and provide feedback on proposed designs. San Francisco, CA (Law Firm Newswire) March 18, 2014 – When law firms rebrand, create new marketing literature or design a new website, they want to know what their target market thinks. Anyone who has hired a lawyer in the United States after 2004 can now receive compensation for participation in a Custom Legal Marketing focus group. To qualify, a focus group participant must have retained a lawyer within the last 10 years. Both the focus group member and the retained attorney must have been (and be) […]


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Albany, NY (Law Firm Newswire) February 20, 2014 – Following a three day evidentiary hearing, Senior District Court Judge Thomas J. McAvoy ordered the suppression of evidence seized from two cellular phones by Border Patrol agents. The unlawful seizure of phone data by Border Patrol agents occurred on December 10, 2012 in Champlain, New York, near the Canadian Border. Two women from Miami, Florida were charged with alien smuggling by the U.S. Attorney’s Office for the Northern District of New York and awaiting a jury trial. During the three day hearing, Border Patrol agents testified that smart phones seized from […]


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Lakeland, FL (Law Firm Newswire) June 13 , 2013 – Not reading an individual their rights is not like what is depicted on television crime shows. “One of the most frequently asked questions I get in my criminal defense practice relates to the police not reading a person their rights, and does that mean their case will be dismissed,” explained Thomas Grajek, a Lakeland criminal defense attorney. “This is usually followed closely by the individual also asking didn’t the police have to read me my rights?” What many people do not realize is that Miranda rights only deal with statements […]


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Lakeland, FL (Law Firm Newswire) June 6, 2013 – In what could have been a scene from a movie, a Monroe County Sheriff’s deputy was caught buying fake Oxycodone pills. “While this may sound like an open and shut case,” indicated Thomas Grajek, a Lakeland criminal defense attorney, “it likely isn’t, as things are rarely as they seem in circumstances like these. The deputy is considered innocent until proven guilty and deserves a solid criminal defense.” According to the arrest records, the deputy was charged with possession of synthetic narcotics, possessing a controlled substance without the benefit of a prescription, […]


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Lakeland, FL (Law Firm Newswire) May 13, 2013 – Drug cases are not always open and such. There are many legal issues open to question. “Some people think that if they get arrested for a drug offense, such as trafficking in a controlled substance or possession of marijuana, that their goose is cooked. That is not the case,” stated Thomas Grajek, a Lakeland criminal defense attorney. There are numerous legal issues that exist to be explored when mounting a defense to crimes of this nature, and speaking to an experienced criminal defense attorney will provide various options for moving forward. […]


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Lakeland, FL (Law Firm Newswire) May 6, 2013 – Can a driver arrested for DUI who refuses to blow be proven guilty? “I get this question a lot when people contact me for my help with DUI charges,” indicated Thomas Grajek, a Lakeland criminal defense attorney. “They want to know if they refused to submit to a breath test, how can anyone prove they are guilty. There is a common fallacy that if you don’t blow, the charge has to be dismissed, because a prosecutor can’t prove the driver was over 0.08. This is wrong.” Under the Florida DUI statue, […]


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Lakeland, FL (Law Firm Newswire) April 24, 2013 – Young offenders seem to think a juvenile record is no big deal. This is not the case. “Many young offenders figure getting a juvenile record is not a big deal. It won’t affect them when they grow up and start looking for a job, or make any difference later in life should they be sentenced for something else and/or need to post bond. Wrong. A juvenile criminal record can drastically affect you in terms of sentencing or if you need to post bond,” explained Thomas Grajek, a Lakeland criminal defense attorney. […]


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Lakeland, FL (Law Firm Newswire) April 17, 2013 – Sex crimes are a whole different ball of wax, and extremely serious crimes. “If someone is charged with a sex crime and the charges involve a child, this is a very serious matter and you will need an experienced Lakeland criminal defense attorney at your side. The bad news begins with word of such a charge reaching others, including family, friends and co-workers. The instant reaction is bone deep rage and revulsion, despite the fact that the individual charged may be completely innocent. People forget that first and foremost, someone charged […]


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Lakeland, FL (Law Firm Newswire) November 7, 2012 – The U.S. Supreme Court has upheld a stay of execution granted by a federal appeals court to John Errol Ferguson, aged 64. Ferguson is on Florida’s death row for eight killings near Miami in the late 1970s. His lawyers argue that he is mentally ill and should not be executed. “In cases like this, people might feel like justice is being delayed,” Polk County criminal defense attorney Thomas Grajek said in a statement, “but it is important that every defendant’s rights be protected.” The stay of execution came just hours before […]


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Lakeland, FL (Law Firm Newswire) October 26, 2012 – A relatively new form of criminal justice is taking hold in the United States. Approximately 40 “community courts” around the country are handling mostly low-level crimes in a way that shows a more humane, pragmatic approach to the problem of meting out justice for marginal transgressions. “These community courts are a welcome reform to the criminal justice process” said Polk County criminal defense attorney Thomas Grajek. “Low-level offenders should be helped and encouraged to clean up their act without being thrown in jail.” Officials at the U.S. Department of Justice say […]


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