As Facebook has become more strict with its regulation of who uses their platform and how they use it, many people are asking whether or not their actions are legal. Many are claiming that Facebook (which officially changed its company name to Meta) along with other social media sites like Twitter are violating freedom of speech. But, are they?

Let’s look at the legal definitions that relate to freedom of speech and whether or not Facebook is infringing on Constitutional rights.

What Is Free Speech?

Free speech refers to a right that is protected by The First Amendment in the U.S. Constitution. The First Amendment says:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Recently, the right to free speech has been debated as it relates to social media. Some people are claiming that social media platforms like Facebook are violating The First Amendment and engaging in censorship.

What Is Censorship?

Censorship is the suppression of speech and public communication. The ACLU describes it as:

“Censorship, the suppression of words, images, or ideas that are “offensive,” happens whenever some people succeed in imposing their personal political or moral values on others.”

Censorship can be implemented by private groups or the government, but it is only unconstitutional when implemented by the government.

What Do People Think Facebook Is Doing to Violate Free Speech?

Some people argue that social media sites like Facebook are violating The First Amendment. They believe Facebook is censoring users by:

  • Removing posts and comments.
  • Posting disclaimers and fact-checks on posts and comments.
  • Suppressing the visibility of posts and comments.
  • Deactivating users based on their posts and comments.

A majority of people who believe that Facebook is engaging in censorship believe the social media site is targeting conservative viewpoints. This belief accelerated when Facebook began regulating content related to COVID-19 and election misinformation and when it banned former President Donald Trump from the platform.

While there are strong arguments on both sides as to whether or not it is appropriate for media giants like Facebook to control everything that is published on large social platforms, the legal implications are clear. Facebook is well within its rights.

Related: Dealing With the Media During a High-Profile Case: What to Expect

Is Facebook Violating Constitutional Rights?

People may claim that Facebook and other social media platforms are infringing on First Amendment rights, but Facebook is not breaking any laws.


Can Facebook control what is posted on its platform?

Yes.

The First Amendment protects a citizen’s right to free speech from the government. It does not protect a citizen’s right to free speech from companies. If the government interferes with freedom of speech, you can put up a legal fight. But, Facebook is a company. It is not a part of the government.

Facebook is not bound by the same restrictions as the government. They can control what is posted on their platform without infringing on First Amendment rights. They can remove content, place disclaimers on content, and suppress the visibility of content.

The only exception to this rule relates to unlawful speech. Facebook is bound by laws that prevent them from sharing and require them to remove content such as child pornography, content that promotes violence and serious threats, and content that is protected by copyright.


Does a social media platform have an obligation to share, host, or post all ideas? 

No.

The First Amendment protects free speech in a public property or forum that is owed by the public or government. This property could be a sidewalk or a public park. But, it does not protect free speech in a private forum such as on a company-owned platform like Facebook.

While people have argued that social media platforms should be seen as public digital spaces, courts have repeatedly refused the argument. Facebook is not a public forum, and therefore does not have an obligation to share, host, or post anyone’s ideas.


Can Facebook deactivate users?

Yes.

Just as Facebook can control what is posted on their platform, they can control who uses their platform. They are under no Constitutional obligation to allow every citizen to use their platform since it is a private space, not a public forum.

Access to social media is not a Constitutional right. Facebook can deactivate users as they see fit.


Is Facebook violating First Amendment Rights?

No.

While the First Amendment protects a citizen’s right to voice their opinion, no private or public company is required to give citizen’s a platform to voice their opinion.

The government cannot censor a citizen, but a company is well within its rights to control what people post on their platform and who has access to their platform.

Related: Get Good Legal Representation by Asking This One Question

Knowing Your Rights

When it comes to whether or not Facebook is violating individual rights by controlling who uses their platform and how they use it, the company isn’t breaking any laws.

They have the right to remove users and manage content. People may think it’s not “right,” but it is legal.

If you have any questions about how your personal rights may have been violated, talk to an attorney who can give you an accurate look at laws and statutes. Whether you have been unfairly arrested for a crime or injured by a negligent party, talk to an attorney who knows your rights and will fight for you.

TJ Grimaldi is here to answer your questions. Request your consultation or call 813-226-1023 today to see if you have a case worth fighting for.

Another senseless tragedy occurred on November 30 in Michigan at Oxford High School when 15-year-old Ethan Crumbley brought a gun to school and turned it on his classmates, injuring seven and killing four.

While many of the details are as familiar and heartbreaking as many other school shootings, there is something different about this case. It appears to be the first time the parents of a school shooter are being criminally charged in the case.

What’s different about Crumbley’s case, what’s the legal reasoning behind the charges, and how much jail time do the parents of the Oxford school shooter face?

Why Are Parents Being Charged in This School Shooting?

By some estimation, there have been 149 incidents of gunfire on school grounds in 2021. Far too often, we hear news about kids dying in the classroom. But, what happened in Michigan was different.

The day of the shooting, Ethan’s parents, James and Jennifer were called to the school after officials became concerned about Ethan’s behavior. The parents seemingly ignored concerns and asked for their son to be returned to the classroom. That afternoon, Ethan killed four classmates.

Failing to head warning signs is just one of the reasons why Ethan’s parents are being partially blamed for the tragedy. A series of events and situations, as reported by the New York Times, show their involvement in the days leading up to the shooting.

  • November 26: James and Jennifer took their son to a gun shop and purchased a  9-millimeter Sig Sauer pistol for him as an early Christmas gift. Ethan posted a photo of the gun on his social media with the caption, “Just got my new beauty today,” with a heart emoji. The gun was reportedly stored unlocked in their house.
  • November 29: The day before the shooting, the school notified Jennifer that Ethan was caught searching for ammunition on his phone during school hours. In response, she texted Ethan, “LOL I’m not mad at you. You have to learn not to get caught.”
  • November 30: The day of the shooting, both parents were called to the school after a teacher saw a drawing of Ethan’s that depicted a handgun along with the phrases “the thoughts won’t stop,” “help me,” and “blood everywhere.” The parents declined to remove their son from school. They also didn’t inspect the backpack he had with him, which held the gun he used to kill four students later that day.

Oakland County prosecuting attorney Karen McDonald says the Cumbleys gave their son access to a handgun and ignored warning signs that showed he was a threat to those around him. She believes the Crumbleys could have prevented the shooting, which is why she filed criminal charges against them.

What Criminal Charges Are Ethan Crumbley’s Parents Facing?

The shooting occurred in Michigan so it will follow the laws and statutes of that state.

James and Jennifer were both charged with four counts of involuntary manslaughter, one count for each student that died in the shooting.

Each charge carries a maximum $7,500 fine and 15 years in prison. The parents face $30,000 in fines and 60 years in prison if convicted on all four counts.

For the parents to be found guilty on the charges, prosecutors will need to prove:

  • The parents’ gross negligence led to the deaths of the student.
  • The parents failed to act when they were presented with evidence that an ordinary person would recognize as having the potential to create harm.

Both of the Crumbleys have pleaded not guilty to the charges.

Have Parents Been Charged in School Shootings Before?

What makes this case unique is that parents are rarely, if ever, criminal charged in school shootings.

Civil lawsuits have been filed in past school shootings. In fact, there is already a civil suit filed in the Oxford school shooting. A set of parents are suing the school district for endangering the lives of their two daughters. One daughter was shot in the neck and the other witnessed it. Their parents say they are now both dealing with post-traumatic stress.

Dozens of civil lawsuits were also filed by parents of students who died or were injured in the 2018 shooting at Marjory Stoneman Douglas High School.

Related: What’s the Difference Between a Civil and Criminal Case? 

Parents of shooters have also faced civil charges in the wake of school shootings. The lawyer representing the parents of the two daughters involved in the Oxford school shooting also sued the parents of Columbine shooters back in 1999.

But, this seems to be the first time parents of a child who committed a school shooting have been prosecuted in criminal courts.

Related: Examples of Wrongful Death Cases: Do You Have a Case?   

Getting Justice for Injured Parties

It is a tragedy any time a person is injured or loses their life in a situation that could have been prevented. The criminal courts will now decide if the negligence of Ethan Crowley’s parents is enough to warrant jail time. Civil courts will determine if the school is also partially responsible for the terrible tragedy.

If you or a loved one experienced a senseless act that led to the death of a loved one, justice needs to be served.

Talk to a wrongful death attorney about your options for holding liable parties accountable. Learn how you can get justice for a loved one. Talk to attorney TJ Grimaldi today. Schedule your free consultation or call 813-226-1023.

It’s been almost three years since the public experienced emotional whiplash as it related to the case of Jussie Smollett. The public went from being disgusted by the alleged hate crime against Smollett to being confused and angry when they learned that Smollett may have planned the whole thing.

Three years later, the public has mostly moved on from the incident. But now, the story is back in the public eye as the case has finally made it to trial.

Why did the Smollett case take so long to get to trial, and what charges does Smollett face for his seemingly false accusations?

What Happened? The 2019 Inciting Incident

The public was horrified and outraged when Jussie Smollett shared what he claims to have happened to him on January 29, 2019.

Smollett claimed that around 2 am, he was approached by two men in masks while walking near his apartment in Chicago. He says the men hit him in the face, looped a rope around his neck, and poured bleach on him while yelling racial and homophobic slurs.

Many Americans were disgusted by the awful incident, which was being called a “hate crime.” But, it didn’t take long for people to question the details of the incident.

In the weeks following the incident, both public opinion and officials started to see that the details of Smollett’s story didn’t add up. The story took a major shift when two brothers, who were believed to be the men who attacked Smollett, were interrogated by police.

The brothers stated that Smollett had hired them and concocted the entire plan.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

The Current State of the Smollett Case

Smollett is now in court fighting against the claims that he planned the whole thing. He is currently facing six counts of disorderly conduct.

The counts are under a subsection of Illinois law that prohibits false reports to police. Disorderly conduct is a class four felony in Illinois, which is the least serious felony in Illinois. But felonies are still serious, and Smollett is facing prison time of up to three years.

Because Smollett has no prior record and no one was injured as a result of the incident, it is unlikely he will get jail time. Instead, it is more likely he will get probation, community service, or both.

Related: Misdemeanor vs Felony: What’s the Difference? 

What Are the Six Charges Against Smollett?

Smollett is facing six counts of disorderly conduct. They all stem from similar actions wherein Smollett made false claims to police. Each incident led to an individual charge, as reported by PBS News.

  • Count 1: On the day of the alleged attack, Smollett told police officer Muhammed Baig that he was a victim of a hate crime and that two attackers put a rope around his neck.
  • Count 2: At the same time, Smollett told Baig that he was a victim of battery and that attackers beat him and poured bleach on him.
  • Count 3: On the day of the alleged attack, Smollett told police officer Kimberly Murray that he was a victim of a hate crime and that two attackers put a rope around his neck.
  • Count 4: At the same time, Smollett told Kimberly Murray that he was a victim of battery and that attackers beat him and poured bleach on him.
  • Count 5: Later on the day of the attack, Smollett again told Murray that he was a victim of battery.
  • Count 6: On February 14, 2019, Smollett told police officer Robert Graves that he was the victim of an aggravated battery.

Each count refers to an incident when Smollett allegedly lied to police about what happened to him. He’s facing six counts — although at one time, he was facing 16 counts.

Related: Dealing With the Media During a High-Profile Case: What to Expect

What Happened to the Original 16 Charges Against Smollett?

In February 2019, Smollett was facing 16 counts of disorderly conduct for allegedly lying to police about the incident.

Those charges were dropped one month later when Cook County prosecutors decided to dismiss the charges after Smollett agreed to forfeit a $10,000 portion of his bond.

Not everyone was happy about this decision.

City officials ordered Smollett to pay $130,000 to cover the costs to investigate the incident. Smollett refused. Then in February 2020, special prosecutor, U.S. Attorney Dan K. Webb reopened the case. Smollett was then indicted on the six counts of disorderly conduct he now faces, as reported by the Los Angeles Times.

This delay in charges against Smollett combined with courtroom delays due to COVID-19 are why Smollett is just now appearing in court for something that happened almost three years ago.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Bringing a Criminal Defense Case to Trial

Smollett refused to settle the case which is why it is now at trial. Smollett stands by his statement that he was a real victim. Now, he needs to prove it to the jury if he wants to avoid the potential jail time, probation, and community service.

If you are facing criminal charges, it’s important that you speak to a criminal defense attorney right away.

An attorney can help you understand the charges against you and help you devise a plan to lead to the best possible outcome for your situation. If you have been involved in a criminal matter, talk to attorney TJ Grimaldi today. Schedule your consultation or call 813-226-1023.

Many people abide by COVID-19 social rules. If you test positive for COVID-19, you should stay away from other people to prevent spreading the illness. But, not everybody follows these rules — which leads to questions.

Are the rules really rules? And, can you — or Donald Trump — get in trouble for not following them?

Trump’s COVID-19 Testing Timeline

Late on October 1, 2020, President Donald Trump announced on Twitter that he had tested positive for COVID-19. He began to quarantine and was hospitalized the next day. He seemed to follow the “rules” of protecting others after getting a positive COVID-19 test. But, new accounts tell a different story.

In a new book, former White House chief of staff Mark Meadows revealed that Trump actually tested positive for COVID-19 much earlier than officially announced. Meadows, along with two other sources, say Trump tested positive for COVID-19 on September 26, according to NBC News.

Rather than quarantining after receiving a positive COVID-19 result, Trump held a large event with 150 people in attendance at the White House Rose Garden (to announce the nomination of Supreme Court Judge Amy Coney Barrett) before heading to a campaign rally.

In the following days, he had debate prep sessions with his team, held a press conference, attended a reception for Gold Star families, held two outdoor events at the White House, attended two fundraisers, and most importantly, participated in a Presidential debate with Joe Biden.

Trump participated in all of these activities after receiving a positive COVID-19 test.

Trump’s team claims that after the initial positive test, Trump had a follow-up test that came back negative. They say they believed the positive test to be inaccurate.

So, did Trump break any rules — social, procedural, or legal?

Did Trump Break Any Rules?

Social rules, as guided by the CDC, suggest that you should take a positive test seriously. You should isolate yourself for 10 days “after symptom onset and after resolution of fever for at least 24 hours, without the use of fever-reducing medications, and with improvement of other symptoms.” Trump did not follow these rules if the report by Meadows and others is true.

Procedural rules as they pertain to the presidential debate said each participant needed to test negative for the virus within 72 hours of the debate. If Trump did receive a negative test after his initial positive, he seems to have abided by the debate rules.

Legal rules are more complex. Laws and legal precedent would make it difficult to hold Trump legally liable if he knowingly spread COVID-19.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

A Legal Look at COVID-19 Liability

When looking at the liability and potential consequences of spreading COVID-19 or not following rules and guidelines, you need to consider both civil and criminal charges.

Related: What’s the Difference Between a Civil and Criminal Case? 

Civil Matters: In civil matters, when a person’s negligence has led to the harm of one or more individuals, it can lead to a personal injury lawsuit. There are many types of personal injury lawsuits — such as an auto accident or a slip and fall. But, it would be difficult to prove that someone’s negligence caused another person to contract COVID-19.

To sue for personal injury over a case of catching COVID-19 from someone, you would have to prove unequivocally that the defendant gave the plaintiff COVID-19. This fact would be difficult to prove given the high contagion rate of COVID-19.

Criminal: While it is unlikely that a person would face criminal charges if they were accused of infecting one or more people with COVID-19, there are other criminal charges that could be a consequence of not following COVID-19 guidelines.

State and local ordinances gave local governments the power to arrest or fine someone for violating rules related to mask-wearing, social distancing, and quarantining. People across the country faced a range of charges for failing to meet these guidelines. In June 2021, the state of Florida pardoned all Floridians accused of violating local COVID rules.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Could Trump (or You) Be Liable for Giving Someone COVID?

Even if the story about Trump’s updated COVID-19 testing timeline is true, It is very unlikely that he would face any civil or criminal charges. Proving liability in a case of spreading COVID-19 would be very difficult, and as of now, it isn’t clear he broke any local or state ordinances.

It is unlikely that you will face civil or criminal charges related to your actions if you spread COVID-19. But, as we have seen with COVID-19, things are always changing. If you or someone you know is facing legal charges, civil or criminal, related to COVID-19, talk to a defense attorney right away. Know your rights and get an attorney who can guide you through the process and to the best possible outcome.

Get help today by contacting TJ Grimaldi. With experience in both civil and criminal matters, TJ can help you navigate any charges against you. Get advice today. Schedule your consultation or call 813-226-1023 to talk to TJ.

A jury recently made their decision on the multiple charges facing Kyle Rittenhouse, a teenager who shot and killed two people during a protest in Kenosha, Wisconsin.

In a case that gained significant public attention, most people now know that Rittenhouse was found not guilty on all charges. But, many are still trying to understand what he was charged with and what it meant for his case.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

What Was Kyle Rittenhouse Charged With?

Rittenhouse shot three people, killing two. At the end of this trial, the jury deliberated on five counts against him — finding him not guilty on all charges.

Here’s a look at what Rittenhouse was charged with and how each charge relates to the incidents that took place that night, according to reporting by the Associated Press.

Charge 1: First-Degree Reckless Homicide, Use of a Dangerous Weapon 

Charge one was related to the incident that led to the death of Joseph Rosenbaum, the first man Rittenhouse shot. Rittenhouse is said to have shot Rosenbaum after Rosenbaum chased him through a parking lot and grabbed Rittenhouse’s gun, according to video footage and witness testimony.

A reckless homicide charge in Wisconsin differs from an intentional homicide in that the murder was not necessarily intentional. Instead, the murder was caused due to an utter disregard for human life.

Rittenhouse was found not guilty of this charge.

Charge 2: First-Degree Recklessly Endangering Safety, Use of a Dangerous Weapon

The second charge is also related to the Rosenbaum shooting. A reporter (the same man who provided witness testimony that said Rosenbaum reached for Rittenhouse’s gun), was in the line of fire that killed Rosenbaum.

The defense argued that when Rittenhouse shot Rosenbaum, he also endangered the life of the reporter. In Wisconsin, the charge is punishable by 12 ½ years in prison.

Rittenhouse was found not guilty of this charge.

Charge 3: First-Degree Recklessly Endangering Safety, Use of a Dangerous Weapon 

Rittenhouse faced another charge of recklessly endangering safety with the use of a dangerous weapon. Just seconds before Anthony Huber approached Rittenhouse, an unknown man moved toward Rittenhouse.

In a video, the man is seen moving toward Rittenhouse with a skateboard, and Rittenhouse fires two rounds at him but misses.

Rittenhouse was found not guilty of this charge.

Charge 4: First-Degree Intentional Homicide, Use of a Dangerous Weapon 

The fourth charge relates to the death of Anthony Huber. After shooting Rosenbaum, Rittenhouse ran down the street, according to video footage from the scene. Huber approached Rittenhouse and raised a skateboard as if he was about to hit him. Huber reached for Rittenhouse’s gun before Rittenhouse shot him.

Huber was killed. Unlike the first charge, which was a charge of reckless homicide, this charge was intentional homicide. The criminal complaint alleged that Ritttenhouse had the intent to shoot and kill Huber. If convicted of this charge in Wisconsin, Rittenhouse would have faced life in prison.

The jury was able to have discretion with this charge. They were given the option of second-degree intentional homicide and first-degree reckless homicide in Huber’s death.

Rittenhouse was found not guilty of this charge.

Charge 5: Attempted First-Degree Intentional Homicide, Use of a Dangerous Weapon 

The fifth charge against Rittenhouse was related to the shooting of Gaige Grosskreutz. Grosskreutz is said to have come toward Rittenhouse with a pistol in his hands. Seconds after shooting Huber, Rittenhouse pointed his gun at Grosskreutz and discharged one shot. The shot hit Grosskreutz in the arm and did not fatally wound him.

In Wisconsin, the charge could carry a sentence of up to sixty years in prison. For this charge, the jury was also given the option of considering second-degree attempted intentional homicide and first-degree reckless endangerment charges.

Rittenhouse was found not guilty of this charge.

Charge 6: Possession of a Dangerous Weapon by a Person Under 18

At the time of the shooting, Rittenhouse was a 17-year-old armed with an AR-style semi-automatic rifle. In Wisconsin, minors are prohibited from being in the possession of firearms unless they are hunting or being supervised by an adult for the purpose of target practice or instruction.

This charge was dismissed after prosecutors argued that the defense was misreading the statute. They argued that the statute only related to the prohibition on short-barreled guns. The judge dismissed the charge.

Charge 7: Failure to Comply with an Emergency Order From State of Local Government 

This final charge pales in comparison with the seriousness of the other charges. At the time of the shootings, there was a city curfew in place that restricted people from being out past 8 pm. The charge carried a potential $200 fine. The charge was dropped during the trial.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Defending a Case in the Public Eye

Dealing with criminal charges can be stressful and difficult. The situation can be made worse if the case gains regional or national attention. If you face charges that gain media attention, make sure you work with a criminal defense attorney who knows how to navigate the complexities that come with defending you in front of the court and the public.

TJ Grimaldi has experience dealing with the media in high-profile cases. If you have any questions about how to manage a case that has gained public attention, contact our office today.

Request your free consultation to talk directly with TJ Grimaldi about how he can help you navigate your complex legal situation to get the most fair and just outcome. Request your consultation or call 813-226-1023 today.

Electric scooters can be found across many major cities. Companies like Lime, Spin, and HOPR place scooters around cities so pedestrians can catch a quick ride. But, most people who hop on an electric scooter probably never think the ride could lead them to manslaughter charges.

But, that’s precisely what happened to a 22-year-old after he collided with a 77-year-old bicyclist.

The Electric Scooter Accident That Led to Manslaughter Charges

Tyer Andrew Brady, 22, was riding an electric scooter on Tuesday, November 9th in St. Petersburg, Florida.  As he was crossing an intersection, he reportedly hit a speed of 17-18 mph.

At the same time, Alvera Minutello, a 77-year-old St. Petersburg woman who liked to bike and swim, was coming toward Brady on a bicycle.

The two collided head-on. Brady was not injured, but Minutello died from her injuries.

What seemed like a tragic accident led to criminal charges after it became apparent that Brady may have been able to avoid the accident but failed to act. Police said Brady saw Minutello from about 80 feet away, but he did not attempt to slow down or move. Brady didn’t swerve to get out of the way even though there was room to do so.

Brady initially said that he didn’t intend on hitting Minutello. But after being read his rights, he changed his story. The Tampa Bay Times reported that his arrest affidavit said, “he drove straight into her and did not take any action to avoid hitting her or minimize the effects of the collision.”

Brady was arrested and charged with manslaughter via culpable negligence.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

What Are the Consequences of Manslaughter?

Manslaughter is defined under Florida Statute 782.07. It is a criminal charge that differs from murder. Murder charges refer to cases that show premeditation. A person plans to kill another person.

Manslaughter charges refer to cases that lack premeditation. A person kills another person without malice aforethought. They didn’t have a specific plan to kill the person.

In cases of manslaughter, a victim dies because of one of the following situations.

  • The defendant intentionally completed an act that led to the death of another person.
  • The defendant persuaded or encouraged another person to complete an act that led to that person’s death.
  • The defendant was culpably negligent which led to the death of another person.

The scooter accident falls into the category of culpable negligence. It is an involuntary manslaughter charge wherein Brady is said to have acted recklessly which led to the death of another person.

Under the charge of manslaughter via culpable negligence, Brady faces serious consequences. It is a second-degree felony that can result in 15 years in prison, 15 years of probation, and up to a $10,000 fine.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Could The Accident Lead to Civil Charges, Too?

What happened at a St. Petersburg intersection was a tragic accident. Now, the legal system will try to determine if the accident could have been prevented. If they find that Brady acted with disregard for the lives around him, he could find himself in jail for up to 15 years.

Brady could potentially find himself facing charges in civil court as well.

This situation could qualify as a wrongful death case. A wrongful death case can be filed if someone dies as the result of the negligence of another person or business. If Brady admitted he didn’t take any action to avoid hitting Minutello, he may also find himself facing a civil personal injury lawsuit as well.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

Get Legal Help for Criminal and Civil Cases

If you find yourself on either side of a tragic accident, make sure you have an attorney that can fight for your best interests. Both criminal defense attorneys and personal injury attorneys can offer legal advice and guidance in the aftermath of an accident. When possible, choose an attorney who has experience in both types of law.

TJ Grimaldi has experience fighting for clients in both civil and criminal matters. If you need legal assistance to guide you through the wake of an accident, contact our office today to discuss the details of your situation. Request your consultation or call 813-226-1023 today.

Henry Ruggs III seems to have it all. As a first-round draft pick of the Las Vegas Raiders, he had a $16.67 million contract to play as a wide receiver in the NFL. Now, the 22-year-old is facing close to 40 years in prison.

How did one night lead Ruggs down such a different road, and how likely is he to spend much of his life behind bars?

The High-Speed Crash That Changed Everything

As reported by People Magazine, in the early hours of Tuesday, November 2nd, Ruggs was driving his Chevrolet Corvette through the streets of Las Vegas at an extremely high speed.

Just as he was hitting a speed around 156 mph, Ruggs ran into the back of a Toyota Rav 4 with a driver and her dog inside. The car burst into flames, killing the 23-year-old driver, Tina Tintor and her dog.

Ruggs wasn’t alone inside of his car. His girlfriend, Rudy Washington was in the Corvette and was seriously injured in the crash. Both Ruggs and Washington were taken to a nearby hospital.

Ruggs had non-life-threatening injuries — and a blood alcohol level of .161, which is more than double the legal limit.

An investigation of the scene also found that Ruggs had a loaded firearm in the vehicle. Since his injuries weren’t serious, Ruggs was immediately arrested for a DUI. 

What Charges Does Ruggs Face?

The accident happened in Las Vegas, so the case will fall under the jurisdiction of Nevada state law. A judge set Ruggs’ bail at $150,000. The conditions of the bail include that Ruggs cannot drive, he had to surrender his passport, and he must wear a device to monitor the consumption of alcohol.

Ruggs now faces serious charges.

He initially faced two felony charges related to the death of Tintor. He was charged with DUI resulting in death and reckless driving resulting in death.

Three additional charges were later added, as reported by Fox News.

Since Ruggs’ girlfriend also sustained serious injuries, two additional felony charges were added: DUI resulting in substantial bodily harm and reckless driving resulting in substantial bodily harm. Plus, because a loaded gun was found in the vehicle, Ruggs also faces a misdemeanor charge related to gun possession.

Facing multiple charges, the Las Vegas Raiders released Ruggs from the team.

Related: How Long Does a DUI Stay on Your Record?

What Consequences Does Ruggs Face?

As previously mentioned, Ruggs’ accident happened in Las Vegas and will abide by Nevada law.

In Florida, DUI laws are directed under Florida Statutes 316.193. Under these statutes:

  • A DUI that results in death is considered DUI manslaughter. It is a second-degree felony that comes with a mandatory prison sentence of four years. The maximum sentence is 15 years in prison and a $10,000 fine.
  • A DUI leading to serious bodily harm is classified as a third-degree felony. It can come with penalties of up to five years in prison, up to five years probation, and a $5,000 fine.

This is Ruggs’ first offense DUI. In Florida, penalties may be higher if the person is a repeat offender.

In Florida, gun possession can also lead to consequences. Being in possession of a loaded firearm without a proper license is a third-degree felony with punishments of up to five years in prison, five years probation, and a $5,000 fine.

The mix of charges against Ruggs means he will be facing strict consequences in Nevada. Under Nevada law, the charges presented mean Ruggs could face more than 40 years in prison.

Related: What To Do About a DUI License Suspension in Florida 

DUI Charges Are Serious. Get Legal Assistance Right Away.

Ruggs was driving at an incredibly high speed, his blood alcohol was more than double the legal limit, he was in possession of a gun, his girlfriend was injured, and a woman and her pet died as a result of his action. He faces serious charges for serious crimes and will likely spend many years in prison.

While no person has the right to drive recklessly while impaired, everyone deserves fair due process of the law when facing charges against them related to DUI.

If you have been charged with a DUI, whether it involves someone being injured or not, talk to a DUI attorney who can help you navigate the legal system right away. The legal process can be complex, but it is much easier to manage with a trusted attorney by your side. If you have questions about a DUI case, contact TJ Grimaldi today. We’re here to help you through your case and lead you to the most fair outcome. Request your consultation or call 813-226-1023 today.

It was a shocking scene. While on a job site in Polk County, Florida, 22-year-old Nelson Carpio Garcia grabbed a box cutter and attacked his coworker. After the stabbing, Garcia ran away but was quickly captured by police who realized Gracia was in the country illegally.

So, what happens to him now?

A Shocking Scene in Polk County

As reported by NBC WFLA, Garcia and his coworkers were working on building a house in an unincorporated part of Davenport, Florida when trouble ensued.

An argument started between Garcia and another coworker. It is reported that it was over Garcia drinking on the job. The argument escalated, and Garcia grabbed a box cutter which he used to slash the victim in the neck and multiple times in the chest.

After the assault, Garcia ran away. The Polk County Sheriff’s Office K9 and aviation team responded to the scene to search for Garcia. When they found him, he admitted to stabbing the man, and he still had the box cutter on him.

The victim was flown to a nearby hospital where he was treated and released. He is expected to make a full recovery.

When Garcia was arrested, it was discovered that he is an undocumented immigrant, and he was charged with first-degree attempted murder.

Garcia Charged with First-Degree Attempted Murder

In Florida, first-degree attempted murder is covered under Florida Statutes 777.04 and 782.04. By definition, it is a crime wherein the accused tried but failed to kill another person.

For the accused to be convicted of first-degree murder, the prosecution must prove three things.

  1. There was intent to kill.
  2. The accused thought about how to kill the person.
  3. The accused would have killed the person if they hadn’t been stopped.

First-degree attempted murder is a serious charge. In Florida, punishment for attempted first-degree murder is life in prison without parole or potentially, the death penalty.

A criminal defense attorney may try to bring Garcia’s charges down to attempted second-degree murder. Second-degree attempted murder is a charge sometimes referred to as a “crime of passion” as it refers to when someone did not plan out the act to kill someone in advance. It carries the sentencing of up to 15 years in prison.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

How Will Garcia’s Immigration Status Affect His Case?

Right now, it’s unknown how long Garcia has been in the United States or how he entered the country.

Garcia was arrested in August of 2020 for not having a valid driver’s license. At that time, authorities realized Garcia was in the country illegally, and they notified the US Immigration and Customs Enforcement (ICE). Polk County Sheriff, Grady Judd says ICE picked up Garcia after he was booked in the Polk County Jail at that time. It appears as though nothing has changed with his immigration status since then.

With Garcia being here illegally, a few things could happen.

The most likely scenario is that he will remain in custody and face charges here in the US. If he is found guilty, he would remain in the US to serve his sentencing. If he were released at any point, he would likely be deported.

If he is found not guilty, he would also likely be deported.

Garcia’s crime falls into the category of moral turpitude. It was a crime that harmed someone. Typically when an undocumented person commits a crime in the US that is said to involve moral turpitude, they are deportable the minute they commit the offense, even if found not guilty.

Regardless of what happens in Garcia’s case, it is likely that he will either find himself in jail or be deported out of the US.

Related: Do You Need a Lawyer to Get a Green Card?

Get Help with Immigration and Criminal Law

Garcia’s case is disturbing, and he will face criminal charges regardless of being in the US legally or illegally. But for others, having undocumented status can create a lot of problems even if they don’t break any laws.

It’s extremely important to go through the correct processes to get legal status to live and work in the US. If you have any questions about gaining legal immigration status in the US, TJ Grimaldi is here to help. TJ is an immigration attorney who works with a flat-rate fee to provide a predictable pathway to gaining legal status.

TJ Grimaldi is also a criminal defense attorney who can help you if you find yourself involved in a criminal issue. Get an attorney who will stand by your side. Talk to TJ today. Request your consultation or call 813-226-1023.

Hollywood movies frequently feature gunfights and shootings that we see as happening in a land of make believe. But recently, we were reminded that these scenes are filmed in real life and with real guns.

Halyna Hutchins was on the set of the movie “Rust” when a prop gun discharged and shot and killed her.

What went wrong, and what potential charges could the shooter, well-known actor Alec Baldwin, face for being the person who shot the “prop” gun?

What Do We Know About the Shooting?

In a desert outside of Santa Fe, New Mexico, crew gathered on set to film scenes for the movie “Rust.” Baldwin, who is also a producer for the movie, was getting ready to film a scene when assistant director Dave Hall took one of three guns from a cart and handed it to him. Hall reportedly told Baldwin the gun was “cold,” meaning it was safe to discharge. But, it wasn’t.

Baldwin took the gun and moved to practice a cross-draw firing technique he would need for the scene. He went through the movement, pointing the gun at the camera, and it went off.

The gun discharged a live round and hit Hutchins, the movie’s cinematographer and Joel Souza, the movie’s director. Hutchins died from the injury.

While we don’t know all of the details of why there was a live round in a prop gun on a movie set, we do know that Baldwin was the one holding the gun when it went off. Does that make him responsible for the tragic incident?

Related: Dealing With the Media During a High-Profile Case: What to Expect

Could Baldwin Be Criminally Charged?

The shooting occurred in Santa Fe so it will be investigated and ruled by New Mexico laws.

If the story is true that Baldwin had no reason to believe the gun was dangerous and he was acting within reason, it is likely that he won’t face criminal charges.

If the story evolves to show that Baldwin was acting recklessly with the gun, it could change things. If it can be proven that Baldwin was handling the gun irresponsibly, he could be charged with criminal negligence.

Criminal negligence, which is also referred to as culpable negligence, is defined in Florida Statute 784.05 as someone who, “through culpable negligence, inflicts actual personal injury.”

It is unlikely that Baldwin will face criminal negligence in New Mexico if the current details of the case remain consistent. But, that doesn’t mean Baldwin will get out of this without legal challenges.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Could Baldwin (and Others) Be Sued in Civil Court?

While it is currently unlikely that Baldwin will face criminal charges, the situation may still lead him and others associated with the movie to court. There is some probability that the case could end up in civil court if the family of Hutchins sues for wrongful death.

Baldwin was the one who pulled the trigger. But, that isn’t the only reason he could find himself in a wrongful death lawsuit.

Baldwin is one of the movie’s producers. Employers have a responsibility to keep their employees safe. It is their responsibility to prevent workplace accidents. In this situation, the company responsible for the production and the people in charge could potentially face civil lawsuits.

At this time, Baldwin is fully cooperating with authorities as they investigate this terrible tragedy. It remains to be seen if details will show that Baldwin or others on the set engaged in such negligence that they will face criminal courts, civil courts, or both.

Related: What’s the Difference Between a Civil and Criminal Case? 

Get Expert Legal Advice For Difficult Cases

The lines in many legal cases are blurry. In this case, it is unlikely that Baldwin will be arrested for a crime, but it is likely that he is already consulting with a criminal defense attorney to get prepared for all potential scenarios. On the other side of the case, it is likely that the family of Hutchins is talking with a personal injury attorney to see if they have the merits to bring forth a wrongful death case.

Based on the story we know so far, this is a terrible accident that no one intended to happen. But, that doesn’t mean there won’t be legal ramifications.

If you find yourself in a legal situation and you don’t know what to expect, it’s important to have a trusted lawyer by your side who can help you navigate your situation and protect your rights. If you are in legal need, TJ Grimaldi is here to help. Schedule your free call with TJ to see how he can assist you on your case. Request your consultation or call 813-226-1023 today.

After 13 years under a strict conservatorship controlled by her father, Britney Spears is one step closer to making decisions for herself. She may finally get to take control over her health, her finances, and decisions such as whether or not she can have more children.

How did a world-famous pop star end up under her father’s control, and how did she finally break free?

What Led to Britney Spears’ Conservatorship

In 2007 and 2008, Ms. Spears experienced a very public series of personal issues. Under the pressure of experiencing fame at a young age, the back-to-back births of two children, a divorce, intense public scrutiny, and the constant presence of paparazzi, Ms. Spears began to show signs of a person who was struggling.

Her behavior was erratic. She walked into a salon and shaved her own head. She drove with her infant son in her lap. She hit a photographer’s car with an umbrella.

Ms. Spears was hospitalized twice for mental health evaluations.

It was around this time, in 2008, when her father, Jaime Spears petitioned the court for an emergency temporary conservatorship.

The “temporary” conservatorship was granted, giving Mr. Spears control over Ms. Spears’ estate and health. The order remained in place for thirteen years.

What’s a Conservatorship?

A few months ago, we broke down the definition of a conservatorship and guardianship on this blog.

Ms. Spear’s case is in California and abides by their laws on conservatorships. In Florida, her case would likely qualify as a guardianship issue. Both issues are similar in that they involve one or more conservators or guardians who take legal responsibility for someone who has been deemed incapable of caring for themselves or their property on their own.

There are two types of conservators and guardians: one type manages personal and health issues of the conservatee and another manages the financial assets of the conservatee.

Ms. Spears had both types of conservators. Her personal life and her financial life were controlled by conservators. Her father acted in both roles.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Britney Spears Starts Her Fight Against the Conservatorship

For years, Mr. Spears had control over Ms. Spears’ life. Court records show that he controlled things from the color of her kitchen cabinets to who she dated and whether or not she could have more children.

While the conservatorship remained in place, Ms. Spears continued to work. She put out albums, starred in a four-year Las Vegas residency, and was a judge on The X Factor.

But, she was still unable to control decisions about her personal and financial life.

It’s reported that Ms. Spears was unhappy with the details of her conservatorship for years, but it wasn’t until the #FreeBritney movement and a documentary, Framing Briteny Spears, gained media attention that she finally got to share some of her story.

In April 2021, Ms. Spears requested to speak in court. It was the first time that she would voice her opinion about the conservatorship, and the details she released were jarring. On June 23, Ms. Spears spoke before a Los Angeles judge and called the conservatorship “abusive.”

“I just want my life back. It’s been 13 years and it’s enough,” Ms. Spears said.

“I was told right now in the conservatorship, I’m not able to get married or have a baby. I have an I[U]D inside of myself right now so I don’t get pregnant. I wanted to take the IUD out so I could start trying to have another baby, but this so-called team won’t let me go to the doctor to take it out because they don’t want me to have children,” she shared in her statement.

This was the tipping point that helped Ms. Spears earn a bit of her freedom.

Related: Dealing With the Media During a High-Profile Case: What to Expect

Is Britney Spears Free Yet?

Ms. Spears had two conservators, one to oversee her personal affairs and one to oversee her finances. Her father had originally served in both roles, but in 2019, he stepped down as the guardian of Ms. Spear’s personal affairs. The June 2021 court appearance was an attempt to remove Mr. Spears from maintaining control of Ms. Spear’s financial affairs.

After Ms. Spears’ testimony, the judge didn’t immediately end Mr. Spears’ conservatorship role. But the testimony did set off a series of events that may lead to Ms. Spears gaining full control of her life.

As reported by The New York Times, in September, a judge granted a petition by Ms. Spears’ lawyer, suspending Mr. Spears from his position as overseer of his daughter’s $60 million estate. A California accountant, John Zabel, was named as the temporary conservator of the singer’s finances, as requested by Ms. Spears’ team.

Ms. Spears is still under a conservatorship, but it is no longer managed by her father. Now, Ms. Spears’ team is seeking to have the conservatorship removed altogether.

Britney Spears isn’t fully free yet, but it looks like her conservatorship may come to an end at a hearing scheduled for November.

Working with an Attorney You Can Trust

The legal systems can be challenging. If you are involved in a legal matter — whether it is a family law issue or you are arrested for a crime — make sure you have an attorney who will fight for you.

Schedule a free call with TJ Grimaldi to see how he can stand up for you and ensure that you get just and fair treatment through every phase of the legal process. Request your consultation or call 813-226-1023.