What’s Next for the 500+ People Charged in the Capitol Insurrection?

On January 6, 2021, America watched as hundreds of pro-Trump protesters descended on the Capitol building and wreacked havoc. Since then, more than 500 people have been charged with crimes for their part in what is often referred to as the Capitol Insurrection.

While few people were arrested on the day of the incident, hundreds have been charged after the event due to an overwhelming amount of news and social media footage. The camera footage from the incident and an FBI investigation have led to hundreds of arrests. The FBI is still actively working on identifying even more people who were there.

Now, people are wondering what will happen to the hundreds of people involved in the incident. Let’s look at what charges and potential outcomes await the Capitol rioters.

What Charges Do People Face?

A database by NPR lists 517 people who have been charged in the Capitol insurrection. It includes each person’s name, home state, and charges. The listed charges include a variety of crimes. Most people are charged with more than one offense and have already been arrested for their crimes.

The lesser charges include:

  • Knowingly entering or remaining in any restricted building or grounds without lawful authority
  • Disorderly and disruptive conduct in a restricted building or grounds
  • Disorderly conduct on Capitol grounds
  • Parade, demonstrate, or picket in any of the Capitol buildings
  • Theft

The more serious charges include:

  • Obstruction of justice/Congress
  • Engaging in physical violence in a restricted building or grounds
  • Physical violence on Capitol grounds
  • Obstruction of law enforcement during civil disorder
  • Commit or attempt any act to obstruct, impede or interfere with law enforcement in performance of his official duties
  • Assault, resisting, or impeding certain officers
  • Forcible assault, resist, oppose, impede, intimidate, or interfere with law enforcement
  • Assault on federal officer with dangerous weapon
  • Conspiracy to injure an officer
  • Conspiracy

The most serious charge is conspiracy, which at least 40 people are accused of, according to NPR. Another ninety-nine people are accused of committing acts of violence.


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

Where Will People Face Charges?

In the list of 517 people facing charges for their role in the insurrection, 49 people are from Florida. But, these people will not face state charges in Florida. They will face federal charges.

Because the crimes occurred on a federal property, the charges are Federal. They will be litigated in federal courts.

Can People Be Charged With Terrorism?

One charge that is exempt from the list is terrorism. While some people and politicians look at what happened and see a connection to terrorism, there is no legal ground to make a terrorism charge.

As FBI Director Christopher Wray told the Senate Judiciary Committee earlier this month, there are no federal laws against domestic terrorism. While some states have anti-terrorism laws, there is no federal law that can classify the crimes of January 6th as such.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

So, What Happens Next?

So far, no cases in the Capitol Insurrection have been brought to trial. Hundreds of people have been charged and arrested, and many have already appeared in court.

Many of the people involved with the Capitol Insurrection have pleaded not guilty. They are hiring criminal defense attorneys and making their case that they didn’t do anything wrong on January 6, 2021. Some are working with the court to create plea deals that could keep their case out of the court system and lead to a sentence reduction.

As far as potential sentencing:

  • As of May 13, 2021, 44% of defendants were charged with low-level crimes that will likely result in no jail time if it is a first-time offense.
  • Those charged with higher-level crimes may face prison time ranging from a few months up to twenty years. Violent crimes, such as assaulting a police officer, could end with eight to twenty years in prison.
  • The length of sentencing will depend heavily on the seriousness of the crime and the person’s criminal history. Those with no record will likely receive lesser sentencing.

People charged with crimes will also likely seek attorneys who can manage a high-profile case due to the newsworthiness of the case. The news has been involved since the rioters broke through the first barricade and will be following the case until its conclusion.

If you have been charged with a criminal offense, a proper defense is essential to ensure that your rights aren’t violated and that you get the best possible outcome. If you have been charged with a crime, see how TJ Grimaldi can help. Request your consultation or call 813-226-1023.

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Ronnie Oneal III Trial Shows the Problem with Representing Yourself in Court

The past few weeks have brought the Tampa legal system into the national conversation as people watch the bizarre and gruesome trial of Ronnie Oneal III.

Oneal is charged with killing his girlfriend and disabled 9-year-old daughter as well as stabbing and setting his 8-year-old son on fire. Oneal has chosen to act as his own lawyer which has turned the already difficult case into a trial that is at times dramatic and bizarre.

It also highlights the problems that can arise when a defendant seeks to represent themselves in a criminal defense case.

Can You Represent Yourself in a Criminal Defense Case?

Yes, a criminal defendant has the legal right to represent herself or himself in court.

A public defender will be assigned to a defendant who cannot afford to hire a criminal defense attorney on their own, but defendants can exercise their right to self-representation and be “Pro-Se.”

Pro-Se defendants can represent themselves in a criminal defense case if they can show the Judge their decision was made knowingly, intelligently, voluntarily, and with awareness of the general dangers of self-representation. The defendant must also be deemed mentally competent in order to waive the right to counsel.

Why Could Oneil Represent Himself in Court?

Oneal had public attorneys representing him for three years. Shortly before the trial, he decided he wanted to go at it alone.

In 2018, Oneal was declared incompetent. He was removed from jail and spent time in a state hospital. But, more recent mental health exams deemed that he could proceed with the case and represent himself.

According to the Tampa Bay Times, Assistant State Attorney Ronald Gale told the Judge that “prosecutors did not believe Oneal was suffering from any severe mental illness based on available psychological reports and evaluations.”

The Judge conducted a Faretta inquiry, which included a series of questions to determine if Oneal was fit to lead his own case. Despite a bizarre exchange during the questioning, the judge approved Oneal’s request to represent himself.

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

Should You Represent Yourself in Criminal Court?

Representing yourself in court, especially criminal court where the stakes are very high, is almost always a bad decision.

In almost all cases, you should have an attorney represent you in a criminal case. 

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

The Benefits of a Defense Attorney

Having an attorney on your side during a criminal case has a variety of benefits.

An attorney protects your rights. Even in criminal cases as horrific as the Oneal case, defendants deserve the right to a fair trial. An attorney ensures that all procedures are properly followed and that a defendant’s rights are protected throughout the case.

An attorney ensures court compliance. The court system is made up of specific processes that must be followed. Failing to follow these complicated compliance rules (for things as small as filing the wrong paperwork or filing paperwork at the wrong time) can negatively affect your case.

An attorney can identify compliance failures on the other side. Both the defense and the prosecution must follow compliance rules. An attorney can catch failures to meet compliance on the other side which can help your case.

An attorney can build better arguments and negotiate plea deals. An experienced attorney knows what to expect in criminal cases. They can use their experience to create more compelling arguments. They may also have relationships that can lead to better plea deals and negotiations for lesser charges and consequences.

An attorney protects the story in high-profile cases. Cases like Oneal are often tried in the media before the results are heard in the court. It’s important to have an attorney for a high-profile case as they can stay ahead of the story in the media and ensure that the defendant’s rights are preserved and protected.

An attorney can keep emotions out of the case. It can be very difficult to keep emotions out of a case if you are defending yourself. In the Oneal case, emotions were high as Oneal cross-examined his son he is accused of setting on fire. An attorney can take the reins on a case that is often too close to the defendant.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Don’t Go at It Alone in a Defense Case

If you have been accused and charged with a criminal charge, you should seek representation rather than represent yourself. An attorney can fight for your best interest if you have been charged with:

  • DUI
  • Theft and property crimes
  • Traffic citations
  • Drug offenses
  • Sex offenses
  • Violent crimes
  • Weapons offenses

Whether you are innocent or guilty, representing yourself in criminal court is always a huge risk. Don’t take this unnecessary risk and instead, find an attorney you can trust to guide you through the process and lead you to the best possible outcome.

If you have an upcoming criminal case, contact TJ Grimaldi to get a free consultation about your case today. Request your consultation or call 813-226-1023.

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Is Ronnie From “Jersey Shore” Headed to Jail After Domestic Incidents?

Since the premiere of Jersey Shore in December 2009, Ronnie Ortiz-Magro has been a staple cast member, regularly causing scenes both on-screen and off. But, on May 13, 2021, Ortiz-Magro announced that he was stepping away from the popular reality show series.

The departure comes after a series of domestic violence incidents dating back to 2019.

The most recent incident, which occurred in April 2021, has prompted Ortiz-Magro to step away from the show and seek medical treatment for mental health issues.

Ortiz-Magro is leaving the show.

Does that mean he is heading to jail?

Let’s look at the legal implications of Ortiz-Magro’s multiple domestic violence incidents.

What Is Considered Domestic Violence?

In Florida, domestic violence is defined under statute 741.28 as, “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Domestic violence refers to situations that involve family members. Incidents may involve spouses and people related by blood as well as “persons who are parents of a child in common regardless of whether they have been married.”

All but one of Ortiz-Magro’s domestic violence incidents have involved Jen Harley, his on-again-off-again girlfriend and mother of his daughter.

Under Florida law, domestic charges can lead to penalties such as:

  • Probation
  • Jail time
  • Community service
  • Loss of rights such as a concealed carry permit
  • Enrollment in Batterer’s Intervention Program (BIP)
  • No contact orders

Both Ortiz-Magro and Harley have been charged throughout the years in incidents that occurred in California and Nevada. Their cases follow laws of the states where the incidents occurred.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Past Incidents

Ortiz-Magro and Harley began dating in 2017, and had their first legal incident in 2018.

In June 2018, Ortiz-Magro was reportedly caught in the seat belt outside of a car driven by Harley. Ortiz-Magro sustained a rash and bruised face from being dragged by the car. Harley was arrested, but the case was dropped due to insufficient evidence.

In January 2019, Ortiz-Magro filed a police report against Harley. He stated that she threw an ashtray at his face. Harley was arrested four months after the incident. Charges were later dropped.

In October 2019, Ortiz-Magro was accused of “striking” Harley and “chasing her with a knife,” as reported by PageSix. It is also reported that while he ran outside after Harley, he was holding his 18-month-old daughter as well as the knife. Ortiz-Magro ran back into the house and locked himself inside with the toddler. Police broke down the door, and after a confrontation with Ortiz-Magro, they tased him before removing him from the house. This incident ended with a plea deal in which Ortiz-Magro received 36 months of probation and 30 days of community service and was required to donate $20,000 to a battered women’s shelter in Los Angeles.

In January 2020, Harley was said to have tried to poke Ortiz-Magro in the eye with eyeliner that she found in the trash can of their home. This led to Ortiz-Magro seeking and receiving an emergency order for protection against domestic violence against Harley.

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

The Recent Charges

All of this leads up to the incident that took place in April 2021, when Ortiz-Magro was arrested again. This time for felony domestic violence against a different woman, his new girlfriend, Saffire Matos, as reported by PEOPLE Magazine.

Ortiz-Magro was arrested on suspicion, taken to jail, and later released on $100,000 bail. No details were released on the situation that led to the arrest.

Ortiz-Magro’s team says the situation was overblown. In a statement to PEOPLE, Ortiz-Magor’s lawyers said, “initial reports and unreviewed charges are often and in Ronnie’s case, wrong.”

Matos, the woman involved, also said the incident wasn’t what it seemed. She took to Instagram to say, “Ronnie and I are fine. There is a lot of misleading information floating around out there.”

What Does It Mean for Ronnie?

Ortiz-Magro was originally charged with a felony, but the case was downgraded to a potential misdemeanor after the district attorney declined to file felony charges. Because Ortiz-Magor was on probation at the time, he was only charged with a probation violation.

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

In this case, Ortiz-Magor may be leaving Jersey Shore, but he is not headed to jail. Despite what it may have seemed, his recent incident will not lead to substantial legal consequences.

Cases like Ortiz-Magro’s are messy. With many incidents and the media involvement that comes with a high-profile case, it can be easy to jump to conclusions. But, cases can’t be tried in the media; they need to be tried fairly in the court system.

All cases need fair representation and a criminal defense team to get to the truth. If you are involved in a criminal case, make sure you have legal representation.

Contact TJ Grimaldi to get a free consultation to discuss your criminal case. Request your free consultation or call 813-226-1023 today.

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How Serious Are the Charges Against Matt Gaetz? A Legal Look

Florida politician Matt Gaetz frequently shows up in the news. In the past few years, he’s been closely tied to Donald Trump and known to follow Trump’s strategy of making a scene to keep his name in the news.

But on March 30th, 2021, Gaetz made the news in a way he probably didn’t anticipate or enjoy.

On that day, The New York Times broke the story that Matt Gaetz is under investigation for violating federal sex trafficking laws. Since the story broke, Gaetz and his legal entanglements have been steadily making headlines.

The series of events have left many wondering how serious the case against Matt Gaetz is. Let’s look into the possible legal ramifications for the Florida politician.

Who Is Matt Gaetz?

Matthew Louis Gaetz II, 39, represents the 1st Florida District in the U.S. House of Representatives. He is currently serving his third term. He previously served in the Florida House of Representatives for the 4th District.

Gaetz is currently under federal investigation for two crimes: sex trafficking and obstruction of justice.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Potential Crime #1) Sex Trafficking

According to The New York Times, a federal sex trafficking investigation into Gaetz was opened during the Trump Administration when William P. Barr was acting Attorney General.

The Justice Department’s Citizen’s Guide To U.S. Federal Law On Child Sex Trafficking defines the federal offense as, “to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor (defined as someone under 18 years of age) knowing or in reckless disregard of the fact that the victim is a minor and would be caused to engage in a commercial sex act.”

It illegal to bring someone under the age of 18 to travel over state lines to engage in sex in exchange for money or something of value.

The investigation is looking into whether Gaetz paid for a 17-year-old to travel across state lines to engage in sexual relations.

Gaetz is being investigated along with his political ally and former Seminole County tax collector, Joel Greenberg, for the incident which is said to have happened two years ago. It is suspected that Greenberg recruited the girl online and that Gaetz paid for her travel.

Greenberg was officially indicted last summer.

On May 17th, 2021, Greenberg resolved his case with a plea deal. As reported by USA Today, Greenberg pled guilty to six of 33 federal charges. The charges included:

  • Sex trafficking a minor
  • Creating a fake ID
  • Identity theft
  • Stalking
  • Wire fraud
  • Conspiracy to bribe a public official

Part of Greenburg’s plea deal says he will provide “substantial assistance” as a witness for other investigations. Since the same girl is involved in both the Greenberg and Gaetz cases, the witness statements Greenberg provides may offer additional insights into the Gaetz case.

Gaetz has denied all accusations and has not been charged.

If charged and convicted, Gaetz could face the consequences outlined by the Citizen’s Guide To U.S. Federal Law On Child Sex Trafficking which states, “If the victim was aged 14-17, the penalty shall not be less than 10 years in prison up to life.”

Related: Get Good Legal Representation by Asking This One Question

Potential Crime #2) Obstruction of Justice

The second federal crime Gaetz faces relates to obstructing justice.

Federal obstruction of justice is defined under 18 U.S.C. § 1503 as an act that, “corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.” The Justice Department’s Citizen’s Guide To U.S. Federal Law On Child Sex Trafficking also includes language that increases the severity of consequences if obstruction occurs in a child sex trafficking case.

Federal prosecutors are investigating whether obstruction of justice occurred when Gatez reportedly spoke to a girl involved in the sex trafficking investigation. 

Gaetz is said to have talked on the phone to a girl who is a witness, as reported by Politico. If Gaetz told the witness to lie or give misleading testimony, it could be considered obstruction of justice.

Gaetz has denied all wrongdoing and has not officially been charged.

If charged and convicted, Gaetz could face the consequences as outlined by the Citizen’s Guide To U.S. Federal Law On Child Sex Trafficking which states, “Anyone who obstructs or attempts to obstruct the enforcement of this statute faces as many as 20 years imprisonment.”

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

Will Matt Gaetz Face Serious Legal Charges?

Gaetz is still under investigation for both federal crimes. He is not currently facing official charges. If he faces charges will likely depend on what witnesses reveal. Prosecutors will need to find sufficient evidence to indict Gaetz and then convict him.

For now, he is free and clear of all charges.

Have you been involved in a criminal case? Do you need help understanding how serious the case against you is? Get answers and advice from a criminal defense attorney. Schedule your free consultation to talk to T.J. Grimaldi. Request your free consultation or call 813-226-1023 today.

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Will Tiger Woods’ Car Accident Lead to Criminal Charges?

Most of America was shocked to see images of golf legend Tiger Woods’ damaged SUV rolled over at the bottom of a small hill. This wasn’t the first time Woods and a roadside incident made the news, and after people realized that Woods would survive, many wondered how this incident would impact him legally.

What Happened?

Investigators revealed that on the morning of February 23, 2021, Woods approached a curve in the road at a high speed. The data reporter in his 2021 Genesis GV80 SUV shows he may have hit the accelerator instead of the brake and collided with a tree going an estimated 75 mph.

Prior to the collision, Woods was going as fast as 87 mph, more than 45 mph over the legal speed limit, and investigators say the accident was caused by Woods driving in an unsafe manner, according to reporting by CNBC.

So, what does that mean for Woods?

Considering Tiger Woods’ Past Roadside Incidents

The February 2021 accident is the third time Woods has been in the news for incidents that occurred with him behind the wheel.

The first incident occurred in 2009 when Woods hit a fire hydrant outside of his driveway in Orlando, Florida. The incident was the first in a series of scandals related to Woods’ extramarital affairs. It is believed that he wrecked the vehicle after an argument with his wife.

In that case, Woods was issued a traffic citation for careless driving and a fine of $164. 

In May 2017, Woods faced more serious charges. Officers found him asleep at the wheel of his running car. The car had minor damage to the tires and bumper, and Woods appeared to be impaired.

In that case, Woods was charged with driving under the influence (for the use of medication, not alcohol), and he pled guilty to a reckless driving misdemeanor as part of a first-time DUI offender program. He was required to submit random drug and alcohol testing, and his license was suspended for ten days, as reported by the Sun Sentinel.

Both previous incidents were in Florida. His recent accident occurred in California and will follow California law.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash 

Potential Charges for Tiger Woods

Per the details of Tiger Woods’ accident, three categories could result in legal ramifications. Let’s look at if Woods will face charges in California and what it might mean if his accident had happened in Florida.

Criminal Speeding

In Florida, driving 50 or more mph over the speed limit can be charged as a felony. It can lead to fines, court fees, and a license suspension. Subsequent offenses come with larger fines and longer suspensions.

  • 1st offense: $1,000 fine
  • 2nd offense: $2,500 fine and one-year license suspension
  • 3rd offense: $5,000 fine and ten-year license suspension

Consequences are higher if someone is injured during the incident, if it occurred in a school or construction zone, or if someone was driving under the influence.

Reports say that Woods was driving 45 mph over the speed limit, just shy of what would constitute felony speeding in Florida.

While the data reported in his vehicle shows that he was well over the speed limit, Woods did not receive a fine or charge for speeding. 

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

Reckless Driving

Florida law defines reckless driving as driving a motor vehicle “with a willful or wanton disregard for the safety of persons or property.” The driver knows their driving could harm people or property, and they do it anyway.

Reckless driving is more severe than a careless driving charge which refers to unsafe driving that may be committed unintentionally. Reckless driving is a misdemeanor charge, but it can come with heavy consequences.

  • 1st offense: $500 fine and/or up to 90 days in jail
  • 2nd offense: $1,000 fine and/or up to six months in jail
  • 3rd offense: $5,000 fine and/or up to five years in jail

Consequences are higher if someone is injured or property is damaged during the incident.

Woods pled guilty to reckless driving after his DUI charge in Florida in May of 2017. If the recent accident occured in Florida and Woods was charged with reckless driving, he could have faced fines and up to six months in jail.

Woods did not face any reckless driving charges for the accident in California. Despite his high speed, investigators said they had no proof that he was driving recklessly before the accident.

Driving While Intoxicated

In Florida, drivers can be charged with driving under the influence of alcohol or any controlled substance. Driving while intoxicated (DWI) can carry the same serious charges as a DUI.

The severity of consequences increases for repeat offenses and if persons or property are injured during the incident. DUI charges may include:

  • Fines
  • Jail time
  • License suspension
  • Potential civil charges if someone is injured

Because Woods pled to a lesser charge for his first DUI, his previous charge may not have impacted this accident. It might have been considered a first offense DUI if drugs or alcohol were involved.

But, investigators said there was no evidence that Woods was impaired or intoxicated in the 2021 accident. Because there were no open containers or signs of narcotics in the car, they did not receive a search warrant to test Woods’ blood for intoxicants. Woods was not charged for driving under the influence. 

Related: Arrested for a DUI in Florida? Here’s What to Do Next 

No Charges for Tiger Woods

As of now, it appears that Woods will not receive any legal consequences as a result of his accident on February 23, 2021. He was not charged with criminal speeding, reckless driving, or driving while intoxicated.

Have you been in a roadside incident and are wondering if you will face charges?

If you need advice about how to handle an accident or DUI charge, contact TJ Grimaldi today. Schedule your consultation or call 813-226-1023 today.

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How Divorce Could Divide the $142 Billion Fortune of Bill and Melinda Gates

Splitting up assets during a divorce can be contentious. Both sides want to fight to get what they feel is fair and due to them. Battling over splitting up assets is normal. Splitting up assets valued at $142 billion is not.

That is the case for Bill and Melinda Gates who announced on May 3rd, 2021 that they are divorcing after 27 years of marriage. The announcement led to many questions about their marriage. Why now? What happened? How long has the divorce been in the works?

But one of the more interesting questions about their marriage may be, What will happen to their $142 billion fortune?

How Are Assets Divided in a Divorce?

To see what might happen to their assets, let’s look at how assets are divided in a typical divorce. In Florida, the law requires a fair and equitable division of marital assets in a divorce.

Marital assets that are fairly divided include:

  • Assets acquired during the marriage
  • Some retirement benefits acquired during the marriage
  • The enhanced value and appreciation of non-marital assets
  • Gifts given during the marriage

Assets divided during a divorce typically do not include non-marital assets which refer to:

  • Assets acquired before the marriage
  • Assets acquired through inheritance during the marriage
  • Assets acquired through a non-spousal gift during the marriage

Couples can determine how to split their marital assets through agreements and/or divorce mediation. Or, they may already have a plan for splitting up their assets in the form of a prenuptial agreement.

If the couple can’t determine how to split up assets, a judge may intervene. The judge will base their decision off equitable distribution. But, that doesn’t always mean the split will be 50/50.

When determining how to split assets, the court will consider details such as:

  • The length of the marriage
  • The economic conditions of each spouse
  • Each spouse’s contribution to the other’s education or career advancement
  • Each spouse’s contribution to improving marital or non-marital assets
  • Each spouse’s contribution as a partner or homemaker
  • Wrongful conduct during the marriage
  • Waste or depletion of assets caused by one party

So, what does all of this mean for Bill and Melinda Gates?

How Will $142 Billion Be Divided?

Bill and Melinda Gates started dating in 1987, one year after Microsoft (the company founded by Gates) went public. The couple married in 1994, at a time when it was reported that Bill was the richest person in the United States with more than $9 billion.

Bill Gates was a billionaire when he and Melinda married, but they did not sign a prenup.

With no prenup, the couple or the courts will determine how to split their $142 billion (as valued by the Bloomberg Billionaires Index).

It’s worth noting that the laws regarding divorce in Washington state may differ from the divorce laws in Florida. The couple’s primary residence is a home in the Seattle suburbs so their case was filed in Washington state and will abide by laws in that state.

But, regardless of where their case is filed, it appears that the couple has done their best to keep their divorce out of the courts as much as possible.

The Petition for Divorce filed by Melinda includes language that states, “to divide real property as set forth in our separation contract” under the real property, personal property, debts, and spousal support section of the document. It appears that prior to the divorce and outside of the court system, Bill and Melinda created a separation contract pursuant to Washington law RCW 26.09.070.

Under RCW 26.09.070, couples “may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan and support for their children and for the release of each other from all obligation except that expressed in the contract.”

With reports that Melinda has been meeting with divorce attorneys since 2019, it isn’t surprising that the couple has already worked through the details of splitting their assets outside of the court system. It also appears that the couple is already at work dividing their assets. Bill has transferred around $2 billion in stock to Melinda since the announcement of their divorce.

So, how will a divorce divide up the $142 billion fortune of Bill and Melinda Gates?

Under this agreement, it appears that the public may never know how the assets are split, and the courts won’t have a say in the division.

Related: What Happens After Divorce Papers Are Served? 

Simplifying Asset Division During a Divorce

The divorce announcement of Bill and Melinda Gates came shortly after another high-profile divorce announcement. Kim Kardashian and Kanye West recently announced their divorce, prompting questions about how the couple would split up their combined net worth of approximately $2.1 billion.

But like Bill and Melinda, Kayne and Kim seem to have used agreements (in their case, a prenup) to avoid a lengthy legal battle.

Both cases show the value of having a plan going into a divorce. Being able to make decisions out of court is how couples have the best chance at spending less money on the divorce as well as less time in court.

Related: How to Prepare for the First Meeting with a Divorce Attorney

If you are going through a divorce, see how you can make a plan to simplify your asset division by working with an experienced divorce attorney. Contact TJ Grimaldi for a free consultation to discuss the details of your separation. Schedule your consultation or call 813-226-1023 today.

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The Legal Case Behind Kim Kardashian and Kanye West’s Divorce

Going through a divorce can be complicated. It takes on another level of complexity when it involves two incredibly famous people, four children, billions of dollars of assets, and a massive public audience.

This is the situation for Kim Kardashian and Kayne West as they navigate a divorce after nearly seven years of marriage.

After months of public dramas and speculation about their split, news broke that the megastars were calling it quits on February 19, 2021. This left many people wondering what the split would mean for their shared empire and large family.

Let’s look at a few of the factors that matter in every divorce case and what they might mean for Kim and Kayne.

3 Major Legal Considerations for Kim Kardashian and Kanye West’s Divorce

Kim and Kanye have a primary residence in Hidden Hills, California which would make California the appropriate venue for their divorce proceedings.

It’s important to note that states and counties may have different laws and procedures for divorce cases. While Kim and Kayne’s case will be officially processed by rules of California law, the information in this article will primarily reflect the rules of Florida law.

Related: How to File for Divorce in Florida 

There are three major considerations for Kim Kardashian and Kanye West’s divorce case.

#1) Prenups

A prenup, or prenuptial agreement, is a legal document that outlines the rights and obligations of each spouse. It is signed before the marriage becomes official and may include details related to:

  • How the couple will control and manage assets and debts during the marriage
  • Who will be responsible for controlling and managing assets and debts during the marriage
  • How assets and debts will be divided in the event of a divorce
  • How much alimony should be paid in the event of a divorce

Prenups primarily cover financial interests. Child custody and parenting agreements cannot be included in a prenup in Florida or California.

Considering that Kayne and Kim both came into their marriage with millions of dollars of their own assets (and it was Kim’s third marriage), it is not surprising that the couple signed a prenup before their marriage. According to reports, Kim and Kayne signed a prenup that stated:

  • Kim and Kayne would each keep the individual assets they had when they entered the marriage
  • Kim and Kayne would both keep the individual assets they acquired during their marriage
  • Kim would receive $1 million for each year she was married to Kayne (capped at $10 million)
  • Their primary residence would be in Kim’s name
  • Kim would keep all of the jewelry and gifts given to her by Kayne

Related: How Much Does a Divorce Cost in Florida?

Kim and Kanye have a combined net worth of approximately $2.1 billion, according to some estimates. In divorce cases, the details of breaking up assets of this size could take months, or even years to work out, but their prenup has made it easier to go through this process.

#2) Splitting Assets

In Florida, the splitting of assets is typically as close to 50/50 as possible. Florida is an “Equitable Distribution State.” Most marital assets are split evenly while also considering:

  • The length of the marriage
  • The economic conditions of each spouse
  • Each spouse’s contributions to the other’s education or career advancement
  • Wrongful conduct during the marriage
  • Waste or depletion of assets caused by one party

Couples can work together or through divorce mediation to agree upon terms for splitting their assets. If they can’t come to terms, a judge will decide for them.

Related: How to Prepare for Divorce Meditation 

Because Kim and Kayne have a prenup, they won’t need to spend much time splitting up assets. The division of most of their assets was outlined in their prenup. But, according to Forbes, they do have a few large assets that will need to be divided including a number of homes and “$5 million in art, nearly $4 million in vehicles, $3.2 million in jewelry and even $300,000 worth of livestock that could be co-owned by the couple.”

Those assets will need to be divided by the couple or determined by a court order.

#3) Child Custody & Support

A divorce that involves children requires outlining details for both child custody and support. Parents can seek joint or sole custody for:

  • Legal custody which gives a parent the right to make legal decisions for the child.
  • Physical custody which gives a parent the right to have the child live with them.

Child custody can be agreed upon by the parents. If no agreement can be made, a judge will create a child custody agreement. Child support works in a similar way. Parents can come to an agreement on their own. If they can’t, the courts will intervene and set a plan. In Florida, the amount for child support is determined using an “Income Share Model” that considers each parent’s income.

According to reports, Kim asked for joint legal and physical custody of their four children. Under these terms, both Kim and Kayne would share legal and physical custody.

Kim’s divorce filing also says she does not seek child or spousal support. Kayne agreed to both the custody and support terms, so it appears that the issue of child custody and support will not be a hurdle to get over as they move toward finalizing their divorce.

Related: 5 Types of Child Custody and What They Mean for Your Family   

What Are the Legal Implications of Your Divorce Case?

Even with a seemingly complex divorce case in front of them, it appears that Kim and Kayne utilized the right planning and approach to make their divorce as simple as possible.

If you are getting ready to go through a divorce of your own, you need to consider how a prenup, splitting up assets, and child custody will impact your case. To discuss the details of your case and what to expect, talk to a divorce attorney today.

Contact TJ Grimaldi to get advice about the legal implications of your case and to find someone who can help you make the process as smooth as possible. Schedule your consultation or call 813-226-1023 today.

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7 Years Later, Movie Theater “Stand Your Ground” Case Still Waiting for Trial

It has been over seven years since 43-year-old Chad Oulson went to a movie theater for date with his wife — and didn’t return home with her to their 22-month-old daughter.

During the movie previews, Oulson checked his phone to see if he had any messages from the daycare watching their daughter. She had been teething which could cause a fever, and Oulson wanted to make sure everything was okay before the movie started.

This action angered Curtis Reeves, a retired Tampa police captain, who was sitting behind Oulson.

After an altercation, Reeves pulled out his gun, fired one shot, and killed Oulson.

Reeves shot and killed Oulson in a movie theater filled with eye-witnesses that included an off-duty cop, retired FBI agent, former military member, and nurse. Yet, seven years later, the case is still not resolved. Reeves has spent most of the years since the encounter out of jail, living at home under house arrest.

Delay after delay has prevented Oulson, his wife, and daughter from getting justice.

A Seven-Year Delay for Justice

TJ Grimaldi has represented Oulson‘s widow, Nicole, since Chad’s death in 2014. Since then, Grimaldi has seen Reeves’s defense team use every stall tactic possible to prevent the case from going to trial and prevent the retired Tampa police captain from going to jail.

“The defendant claims he wants his day in court, but it is very clear that the defense is taking every opportunity to delay this as much as possible,” says Grimaldi.

Reeves’ defense team has used a variety of stall tactics.

At the beginning, the case was delayed due to a debate over whether or not it was a “Stand Your Ground” case. Under Florida’s Stand Your Ground law, individuals can use deadly force as a means to protect themselves without first retreating from the threat.

A Stand Your Ground claim can prevent an individual from standing trial. In some cases, individuals are granted immunity from prosecution. They don’t need to use Stand Your Ground as a defense at trial. Instead, individuals can avoid trial altogether.

Reeves’s legal team spent years trying to use the Stand Your Ground defense. Changes to the law led to multiple hearings and eventually, a wait on a Florida Supreme Court decision, all creating substantial delays for the case.

Now, the courts have finally determined that this is not a Stand Your Ground case and set a trial date.

Trial Date Set for 2022

The trial is set for three weeks in February of 2022.

Oulson‘s family is getting closer to seeking justice for Chad, but Grimaldi is worried that they will have to wait even longer.

Reeves’s defense team continues to look for ways to delay the case.

“The defense is planning to file ten to fifteen motions before the trial. I also anticipate that they will appeal any motions they don’t win, delaying the case even more,” says Grimaldi.

Motions and subsequent appeals could potentially push the trial back to a later date.

“Each day this case isn’t tried and Reeves out of jail is a win for the defense,” says Grimaldi. “It’s embarrassing. The system should not allow you to not have justice.”

Grimaldi continues to fight for the Oulson family, pushing the courts and state prosecutors to move the case forward and keeping the story alive in the media, hoping exposure will help bring justice.

“It’s sad that this case has taken so long. Families should not have to wait this long to get justice for their loved ones,” says Grimaldi.

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