This article is about an attorney who was going to the jail to see an inmate that he’d been smitten with (not to do lawyerly stuff, but to see and visit her), and writing her a postcard under an assumed name. 

This is fascinating.  First of all, she is in JAIL for DUI.  I certainly can’t understand the attraction, but they say love is blind (and can’t smell, either).  Secondly, SHE IS IN JAIL FOR DUI.  Enough said. 

There was no allegation of hanky-panky, but he did clearly step well outside the lines with his conduct.  Ultimately, his boss (whom I know and have the ultimate respect for) filed a Bar complaint on him for one type of misconduct.  What I don’t understand is that the Bar found him guilty of doing a different type of misconduct.

The Bar attorney originally correctly charged a violation of Rule Regulating the Florida Bar 4-8.4(c):

A lawyer shall not . . . engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it shall not be professional misconduct for a lawyer for a criminal law enforcement agency or regulatory agency to advise others about or to supervise another in an undercover investigation, unless prohibited by law or rule, and it shall not be professional misconduct for a lawyer employed in a capacity other than as a lawyer by a criminal law enforcement agency or regulatory agency to participate in an undercover investigation, unless prohibited by law or rule . . .

The attorney entered a plea to violating Rule 4-8.4(d).  That rule reads: 

A lawyer shall not . . . engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic. . .

Here is the link to his plea, you can see for yourself what I am talking about (alleging subsection (c)).  The Supreme Court referee ratified that plea in its report,  and the Supreme Court accepted the recommendation and reprimanded the attorney (finding him guilty of subsection (d)).

How he ended up pleading and being found guilty of violating the wrong rule is anyone’s guess.  I guess this is a case of everyone proofreading their work before signing it and submitting it to the courts.  Maybe they should all check Rule 4-1.1. . . .  I’m just saying . . .

Here’s the story:  Naples attorney reprimanded for jail romance with client » Naples Daily News

I was quoted by some random author on eHow.com, about what happens after one is arrested. Pretty cool. Here’s the link:

http://www.ehow.com/about_6607426_information-arrest.html

Eric Goody was arrested in Tampa yesterday, accused of being a “serial robber.” Paraded in front of news cameras by detectives, Goody essentially admits the crimes into the microphone stuck in his face: “I was living on the streets, I did what I had to do, I’m sorry.” No attorney in sight to tell him this important tip:

Dude, shut up. Remain silent. You can’t talk yourself out of being arrested. And now your cameo on BayNews9 is admissible at your trial as a voluntary statement, not protected by Miranda.

I think it is atrocious that law enforcement allows the media up-close access to a suspect without an attorney present. Richard McTear (alleged to have thrown a baby out of a car) was in the same situation, as have been many others recently. Some keep quiet, others don’t (like McTear’s infamous statement, “it’s a dirty game”, whatever that means).

Of course, detectives and reporters don’t care about his rights, don’t kid yourself. Cops want to look good by catching the bad guy, the press only wants to sell stories. And if you had a chance at trial, that is now impossible with your broadcast admission.

So, knowing that law enforcement and the reporters will never tell you this, here is your free legal advice for he day: do not make any statements until you have consulted an experienced criminal defense attorney.

You have the right to remain silent. What most of you lack is the ability.

I am supporting Zilia Vasquez for Circuit Court Judge Group 4, a seat currently held by appointed Circuit Court Judge Liz Rice. I hope you will, too. Please go to
Zilia Vasquez for Judge to learn more.

Because of the importance of this position to our system of justice and to our respective clients, I ask you to learn about who Zilia Vasquez is and has been not only as a lawyer but as a wife, mother, and someone who has committed herself to the doctrine of fundamental fairness, respect and dignity for the law and for our system which we hold so sacred. Because of who she is and has been, you will know that she will treat lawyers and litigants with respect and dignity. You will know that she is not gratuitously mean-spirited. You will learn that she is not an elitist and that she is not so arrogant as to be devoid of humility and empathy. For these reasons, I am strongly endorsing her candidacy for the position of circuit judge in the race against Judge Rice.

Zilia graduated from Nova Law School and has been a member of the Florida bar since 1990. Since that time she has worked helping small businesses and individuals devastated by Hurricane Andrew in obtaining government loans. In that capacity she has conducted many real estate transactions. She moved to Tampa in 1993 and worked as an assistant public defender for Julie Holt. In that capacity she represented many of the disenfranchised within our community. She tried many bench and jury trials. Subsequently, she went into private practice where she has handled family law, immigration, criminal and dependency cases. Her wide variety of experience would be an asset to her as a judge.

Zilia is known as a smart, hard working lawyer with a great sense of humor and a wonderful demeanor. She is who she is, and predictably she will not change once she is placed in a position of trust and authority. People say about her what you see is what you get, and from what I’ve seen, that’s a good thing. Z ilia is married to Ken Vasquez, who is an officer for Homeland Security. They have two precious children, and Zilia is a great mom.

As you can see Zilia Vasquez is an asset to our community and profession. For these reasons I am supporting her and voting for her. I am asking for you to do the same and support her as a candidate in Circuit Judge Group 4.

I am asking that you email me back and we will make every effort for you to meet Zilia, that many of us call “Z,” get on board with her campaign and do whatever you can to help us get her elected. Your support and contribution will ensure that we put a dedicated, experienced and responsible lawyer on the bench who will not only run an efficient courtroom but who will also strive for justice and who will treat everyone who appears before her with dignity and respect.

I urge you to take a position if you agree with my message and not to be intimidated for whatever reason and please do not make a decision by indecision. It takes people to unite to ensure that the system doesn’t deteriorate by default.

I am very excited that the New Port Richey (or NPR, as we like to call it) office will be open next week.  This is a fantastic opportunity for the people of Pasco County to have an energetic, experienced, Board Certified Criminal Trial Lawyer in their community.   It’s a great opportunity for me to provide my services to a booming area.

From where I live, I can hit a golf ball from my front porch into Pasco County.  I love the area and am looking forward to becoming a permanent part of the West Pasco legal community.

My career started in Pasco County (in NPR) in the 1990’s, as a Assistant State Attorney.  After a few years, the big city called, and I relocated to the Tampa prosecutor’s office.  In 1999, I opened my criminal defense practice and have not looked back.  My practice has been mainly in Tampa, where I learned the craft of being a “big-city” defense lawyer.  I was presented with many cases with tough facts, in State and Federal court.  I have been able to be involved in so many interesting trials, motions, hearings, depositions . . . the experience has been quite an adventure.  I find myself saying on a far-too-regular basis, “Just when I think I have seen it all  . . . “  And I have, truly, seen it all.

Over the years I have had many, many cases in NPR and Dade City.  I have successfully defended attempted murder, burglary, and DUI cases at trial.  I have litigated and won tough motions for new trial, motions to suppress, and violation of probation hearings.  I have represented countless people in virtually every type of criminal case in Pasco County.  I had a satellite office here several years ago, and have had a “727″ number for years.  It’s always been a big part of my practice.

I have seen Pasco grow and grow and GROW over the years.  When I was a young prosecutor, driving to work in the early morning, I could drive from my home in the North Hillsborough County area (where I still live, all these years later) to the NPR courthouse in the dark, and not hit “civilization” until way up on Little Road.  Now, I pass THREE STARBUCKS, two Targets, two or three Publix supermarkets, a hospital, and countless other big businesses – all in a 20 minute drive!  I am happy to have that growth in my backyard.

In opening this office in Pasco, it is my goal to provide the very best in aggressive and creative criminal defense to Pasco and Hernando counties.  This is where I will spend al lot of my time – this isn’t just a satellite office that sits vacant most of the time.  No, I’m going to be there meeting clients and going to court on a daily basis.

It is my commitment to the State of Florida and its people to be a great defense attorney.  I am a sixth generation Floridian, born in sleepy North Florida.  I think I am a combination of small-town boy and big-city lawyer.

Don’t worry, Tampa, I still have an office there – I will be there if you need me!

PS:  Thanks to an old mentor, Bob Attridge, for proofreading this for me.

Your pharmacy records are not confidential and not protected from law enforcement subpoenas. Cops can walk into your pharmacy and obtain your records without any notice to you. This is an alarming example of legislators’ efforts at doing away with the Fourth Amendment.

A recent case has held that detectives are not required to procure a search warrant or subpoena prior to obtaining controlled substance records from pharmacies. The statute requiring pharmacists to maintain controlled substance records, including prescription records, and to make records available for inspection and copying by law enforcement officers, was found to NOT violate constitutional privacy provisions of Florida Constitution.

The defendant Tamulonis’s records were obtained pursuant to chapter 893 (Florida’s drug control and crimes chapter). Section 893.07(4) requires pharmacists to maintain controlled substance records, including prescription records, and to make the records “available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances.”

In this case, the detective testified that he was assigned to a unit that investigates illegal prescriptions. He stated that he received information from another detective that Tamulonis was involved in a pattern of “doctor shopping.” The detective contacted various pharmacies and obtained Tamulonis’s patient profiles, which are “computer printouts that show the date, the prescription medication, and the doctor who prescribed it.” Based on the patient profiles, the detective determined that Tamulonis had visited multiple doctors within a thirty-day period and had obtained prescriptions for oxycodone and Oxycontin. The detective obtained Tamulonis’s prescriptions and showed them to the doctors. The doctors stated that when they wrote the prescriptions, they were unaware that Tamulonis had received prescriptions for similar medications from other doctors. She was then arrested and charged.

The trial court had originally granted a motion to suppress; the State aopealed, and the Second District Court of Appeal reversed and has now allowed the prosecution for obtaining a controlled substance by fraud (predicated on “doctor shopping”) to continue. Tamulonis will now have to go back to court and likely enter a plea.

This is a slippery slope. I foresee this leading to witch hunts for any type of “crime”, predicated upon law enforcement’s unbridled ability to obtain pharmacy records without subpoena (obtained through the State Attorney) or search warrant – which means without probable cause. That the cops can peruse our pharmacy records without telling us or the courts is Orwellian and, quite frankly, scary. That is how they do it in Russia, Cuba, and all the other places where there is no constitution protecting the people. What is to stop law enforcement from prying into confidential records and gaining personal information that has NOTHING to do with ANY crime? Apparently nothing.

The Florida legislature must re-write this statute to require a subpoena or search warrant, and advance notice to the patient. in fact, this case even says that the law is as the legislature intended it. However, At this rate, it wouldn’t surprise me if they drafted a law saying the police can enter your car or home without a warrant. . .

The case: STATE OF FLORIDA, Appellant, v. LORI TAMULONIS, Appellee.

Mechanics’ own cars break down.  Sometimes doctors get sick.  An architect’s home can have a defect.  And sometimes defense lawyers get in trouble.  The profession has nothing to do with the problem the professional is battling.  Rather than rejoicing in it, or kicking a man while he’s down and trying to take his profession with it, stop and think.

Aaron Slavin, a local criminal defense attorney, is in trouble.  No different that anyone else who may be in trouble with the law.  Do not think this is some revelation about the criminal defense profession, or lump all defense lawyers into some “scumbag” dragnet.  I have read what is on the local internet news comment pages.  Quite frankly, its despicable to revel in anyone’s misery.

The initial reports are bad.  He – and his wife, whom I’m sure he loves – are facing mandatory prison sentences.  His life will never be the same.  Is that a reason for the local internet wildlife to celebrate?  Certainly not.

Mr. Slavin has done a lot of good for a lot of people – on both sides of the courtroom.  Perhaps he had a problem – like many of his (and my) clients wrestle with every day.  Maybe he got in over his head – like so many of our fathers, sons, and brothers have.  Maybe, just maybe, he needs help.

It is a sad day for my profession.  Not because of Aaron’s actions (that’s just a sad day for him).  No, it’s a sad day because of the negativity that the community is spewing as a result of what Aaron did.  If he had any other job, he would not have been in the news.

So give the guy a break.  It’s all laugh-a-minute until you or your loved one is in Mr. Slavin’s spot.  I, for one, wish him well. 

Here’s the story:  Former assistant state attorney faces drug charges

You can (and should) read the Declaration of Independence. But it was in the amendment to that great legal document that our personal freedoms were born. The first 10 amendments are the “Bill of Rights.”

* * * * *

Amendment I [Religion, Speech, Press, Assembly, Petition (1791)]

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.

Amendment II [Right to Bear Arms (1791)]

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III [Quartering of Troops (1791)]

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV [Search and Seizure (1791)]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V [Grand Jury, Double Jeopardy, Self-Incrimination, Due Process (1791)]

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI [Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel (1791)]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII [Common Law Suits - Jury Trial (1791)]

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII [Excess Bail or Fines, Cruel and Unusual Punishment (1791)]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX [Non-Enumerated Rights (1791)]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X [Rights Reserved to States (1791)]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

On July the 4th, 1776, the Declaration of Independence was approved by the Continental Congress. Thereafter, the 13 colonies embarked on the road to freedom as a sovereign nation. This July 4, take a minute to think about how much you really know about what we are celebrating.

4th of July History & Trivia

The major objection to being ruled by Britain was taxation without representation. The colonists had no say in the decisions of English Parliament. In May, 1776, after nearly a year of trying to resolve their differences with England, the colonies sent delegates to the Second Continental Congress. Finally, in June, admitting that their efforts were hopeless; a committee was formed to compose the formal Declaration of Independence. Headed by Thomas Jefferson, the committee also included John Adams, Benjamin Franklin, Philip Livingston and Roger Sherman. On June 28, 1776, Thomas Jefferson presented the first draft of the declaration to Congress. Betsy Ross, according to legend, sewed the first American flag in May or June 1776, as commissioned by the Congressional Committee.
Independence Day was first celebrated in Philadelphia on July 8, 1776.

The Liberty Bell sounded from the tower of Independence Hall on July 8, 1776, summoning citizens to gather for the first public reading of the Declaration of Independence by Colonel John Nixon.

On June 14, 1777, the Continental Congress, looking to promote national pride and unity, adopted the national flag. “Resolved: that the flag of the United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.”
The word ‘patriotism’ comes from the Latin patria, which means ‘homeland’ or ‘fatherland.’

The first public Fourth of July event at the White House occurred in 1804.
Before cars ruled the roadway, the Fourth of July was traditionally the most miserable day of the year for horses, tormented by all the noise and by the boys and girls who threw firecrackers at them.

The first Independence Day celebration west of the Mississippi occurred at Independence Creek and was celebrated by Lewis and Clark in 1805.

On June 24, 1826, Thomas Jefferson sent a letter to Roger C. Weightman, declining an invitation to come to Washington, D.C., to help celebrate the 50th anniversary of the Declaration of Independence. It was the last letter that Jefferson, who was gravely ill, ever wrote.

Both Thomas Jefferson and John Adams died on Independence Day, July 4, 1826.

The 56 signers of the Declaration of Independence did not sign at the same time, nor did they sign on July 4, 1776. The official event occurred on August 2, 1776, when 50 men signed it.
The names of the signers of the Declaration of Independence were withheld from the public for more than six months to protect the signers. If independence had not been achieved, the treasonable act of the signers would have, by law, resulted in their deaths.

Thomas McKean was the last to sign in January, 1777.

The origin of Uncle Sam probably began in 1812, when Samuel Wilson was a meat packer who provided meat to the US Army. The meat shipments were stamped with the initials, U.S. Someone joked that the initials stood for “Uncle Sam”. This joke eventually led to the idea of Uncle Sam symbolizing the United States government.

In 1941, Congress declared 4th of July a federal legal holiday. It is one of the few federal holidays that have not been moved to the nearest Friday or Monday.

Thirty places nationwide with “liberty” in their name. Liberty, Missouri (26,232) boasts the highest population of the 30 at 26,232. Iowa has more of these places than any other state at four: Libertyville, New Liberty, North Liberty and West Liberty.

Eleven places have “independence” in their name. The most populous of these is Independence, Missouri, with 113,288 residents.

Five places adopted the name “freedom.” Freedom, California, with 6,000 residents, has the largest population among these.

There is one place named “patriot” — Patriot, Indiana, with a population of 202.

And what could be more fitting than spending the day in a place called “America”? There are five such places in the country, with the most populous being American Fork, Utah, with 21,941 residents.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Dontae Morris had a warrant out for his arrest that apparently was overlooked by prison or sheriff’s officials when releasing him.  That’s not why the TPD officers were killed.

Let’s not start blaming anyone for what Morris “allegedly” did the other night – other than Morris.

Let’s look at some facts:

• He was in prison up until about two months ago
• There was a warrant for him out of Jacksonville (Duval County)
• The warrant was in the State teletype system
• No one picked him up and he walked out of prison

Now, here is what you are not hearing:  the warrant was for worthless checks.  Those are misdemeanors.  And they had bonds attached to them.

Check cases have to go through a process with the victim (usually a buisness), writing a 7-day demand-for-payment letter from the defendant, and then referring the case to the State Attorney’s Worthless Check division.

Once the State Attorney has it, they file a case and the Clerk issues a summons for court.  The purpose of a summons is to let someone know they have a case pending.  If the person does not show up for court, then a warrant MAY be issued – for the same reason, to get them to court to deal with the charge.  Most judges I know do not issue NO BOND warrants!  Warrants for missing misdemeanor court usually have a very low bond so people can get out of jail and are then on notice of their case.

A review of the Duval County Clerk of Court website reveals the following:

• 2008-MM-020545 – Worthless check – bond:  $503
• 2008-CF-010614 - Worthless check – bond: $203
• 2008-MM-020274 - Worthless check – bond: $503

(*There may be more warrants out there; if so, I will update this blog post.)

Even if the warrant had been served, he would have been out on the streets.  If it did not, the liklihood of him having been out of jail before this week was tremendous.  Even if he were arrested on the warrant as he walked out of prison, and if he didn’t bond out, he would have already been transported to Hillsborough County where he would have seen a judge and either (1) had a bond set, or (2) taken care of his case.  Either would have resulted in his release.

My point is this:  these agencies and the media need to stop playing the blame game.  This guy has a violent record, and has been arrested more than 40 times in his short life.  By my reckoning, he would have done what he did regardless of whether there was an active warrant or not.

By the way, the media has raised the issue that the Jacksonville SAO filed this charges for checks written while Morris WAS IN PRISON?  He was in prison from March 25, 2008 until April 4, 2010 (his prison record is here:  http://www.dc.state.fl.us/InmateReleases/detail.asp?Bookmark=1&From=list&SessionID=474755786).  The check charges were filed in July and August 2008.  Remember, there is a long process from the time the bad check is written until the case is filed.  The reality is that the checks were probably written 6 months or more before the charges were filed – while Dontae Morris was on the street.

We need to make sure we know the facts and understand the system – before we start to blame.  But what good is blaming anyone other than Morris going to do in this situation?  It won’t bring back the fallen officers. . . . that’s for sure.

Please help find this man and bring him to justice.