Garvin Law Firm Blog Posts Tagged ‘Florida’

Top Ten Reasons Videotaping Cops Should be Legal

Thursday, July 1st, 2010

After a recent string of arrests for videotaping law enforcement officers, the internet has been buzzing with talk over whether or not it should be legal to videotape police officers while they are performing their duties. Depending on the state that you are located in, the penalty could either be a misdemeanor or even a felony. Take a look at Carlos Millers story on the South Florida model who was jailed overnight and originally charged with a felony for videotaping Boynton Beach Police Officers in 2009.

Law enforcement officers all over the U.S. argue that being filmed interferes with their investigation and is a danger to their safety. This position of police officers however, must be balanced with the safety and constitutional rights of civilians who all to often become the victim of over zealous police misconduct.

Lets take a look back at some of the more recent videos which further enforce the point that videotaping Cops should always be legal.

10. Police Brutality: Cop Slams Elderly Woman’s Head On The Concrete.

9. Police Brutality at Ultra Music Festival, Miami, 2007

Cop beating the crap out of some guy. I am sure the guy was on drugs, maybe even dealing drugs. Still doesnt warrant the cop beating him sensless. This clip is only the middle of the fight. I didnt have my phone ready and I stopped right as the crowd started to react to the violence. Added: It seems from reading the comments there are some people saying that this does not look like brutality. What the video does not show is the beginning part that grabbed my attention in the first place; which was the cop jumping the guy and punching him several times, thus the bloody nose.

8. Woman arrested for DWI, beat by police off camera

A police officer has been fired after an incident in which a female prisoner, who was taken into custody on suspicion of DWI, wound up lying on the police station floor in a pool of blood. Much of what happened was recorded on a videotape, but there is a gap of undetermined length.

7. South Carolina Police Brutality

6. Fort Lauderdale PD police brutality

5. Surveillance video shows Fort Lauderdale police beating man in elevator

After a beat down in an elevator, Joshua Daniel Ortiz ended up with his nose broken and facing a charge of battering a Fort Lauderdale police officer. The 22-year-old man was surprised and delighted to learn Wednesday that Broward prosecutors were dropping the case against him after reviewing an elevator surveillance video showing three officers aggressively rush and beat Ortiz to the ground.

4. Utah Police Brutality

“Comes back at me, and falls down on the freaking ground…. Yeah, he just fell here and passed out.” – Millard County deputy Crete Carter

3. Hollywood PD Frame Driver On Tape!

“We’re going to bend this a little bit” – Officer Dewey Pressley, a 21 yearr veteran

2. SFPD Officer Threatens to Break Skater’s Arm “Like a Twig”

1. Rodney King

Leland E. Garvin Named to Florida Super Lawyers Rising Stars

Friday, June 25th, 2010

Top Young Lawyers in Fort Lauderdale

The Garvin Law Firm in proud to announce that Leland E. Garvin has recently been named by Florida Super Lawyers magazine as one of the Top Young Lawyers in Florida for 2010. Only2.5 percent of the lawyers in the state are selected by Super Lawyers for this list.

Each year lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. They are instructed to nominate lawyers they have personally observed in action — whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

After these nominations are submitted, the research team at Super Lawyers undertakes an independent evaluation of candidates by the attorney-led research staff along with a good-standing and disciplinary check with the Florida Bar.

Leland is a former State Prosecutor, who practices in Criminal Defense and Personal Injury Law from his office in Fort Lauderdale, Florida. Recently he was also Selected as “one of the best up and coming attorneys”  in the state of Florida by Florida Trend Magazine.

-Leland can be reached by dialing (954) 524-2424 or via email at: lgarvin@garvinlegal.com.



Tiger Woods and the Importance of the 5th & 6th Amendments

Wednesday, December 2nd, 2009

I received a call the other day from a friend who told me that I should write a blog post about the recent Tiger Woods auto accident issue. I was trying to think of what to write and figured that the issue may be a little overexposed, when it came to me. Tiger’s recent “run in” with law gives me the perfect opportunity to point out the importance of the Fifth and even more important Sixth Amendments to the United States Constitution.

The Fifth Amendment reads in part that no person “shall be compelled in any criminal case to be a witness against himself”. In layman’s terms means that you don’t have to talk to law enforcement if the answers to the questions could incriminate you. In Tiger’s case he didn’t make any statements and further he was a no-show at the FHP station (a few times) when he was asked to come in for a physical examination and questioning. Clearly, the Florida Highway Patrol didn’t have much in the way of incriminating evidence (other than for a traffic ticket); but were hoping that Tiger would come in and give them their case on a silver platter. Also, the police wanted to see his injuries and determine if they were “Serious Bodily Injuries” and would thus warrant greater punishment in the State of Florida.

While Tiger’s no-show at the FHP station might have been rude, it just might have saved him his driver’s license or better yet, his clean criminal record. In Florida if a driver is found to be at-fault for causing an auto accident and the injuries are determined to be “Serious”; he or she is at risk of losing their license for a period of 1 year.

While Mr. Woods might have known this information on his own, it is more likely that he consulted a Florida criminal defense attorney who helped guide him through this difficult and nerve-racking process. This brings me to the Sixth Amendment; that is the right to have the assistance of counsel. Unlike the Fifth Amendment which (after being invoked) allows law enforcement to keep questioning a suspect at a later time, the Sixth stays with a suspect for the entire length of any prosecution. In short, when an individual “pleads the Fifth”, law enforcement is allowed to come back and resume questioning but once a suspect says “I want a Lawyer” Law enforcement must cease any and all questioning until a lawyer is provided.

While you may never have the ability to control the golf course like Tiger you should now be able to take control of any law enforcement questioning and keep the prosecution from scoring a “hole in one”

Be like Tiger, Plead the Fifth and consult with a lawyer next time you find yourself in a jam.

Broward County Judge Throws out DUI Test Results

Monday, August 24th, 2009

Last week Broward County Court Judge Lee Jay Seidman concluded a four-day hearing by ruling that the accuracy of many breath tests using the Intoxilyzer 8000 has been “fatally compromised.”

The Intoxilyzer 8000 is the most recent version of a device that is designed to detect the percentage of alcohol in the breath of a suspect who has been arrested upon suspicion of drunk driving; this device is commonly referred to as a breathalyzer. Pursuant to Florida law these machines must be periodically inspected and certified for accuracy by the Florida Department of Law Enforcement.

Previous to this ruling F.D.L.E. inspector, Sandra Vegia, testified that during her inspections of the Intoxilyzer she would commonly cut off the power to the device if it did not meet specifications and then conduct the inspection a second time with the hopes of receiving a passing score.

In addition to ruling that state law “was not substantially complied with” Judge Seidman went on to say that “Moreover and certainly more troubling is the further finding that fraudulent practices and the systematic intentional destruction of evidence occurred regarding these state-regulated breath alcFort Lauderdale DUI Lawyers get breathlyzer test results throw outohol testing machines.”

While Judges in Monroe, Manatee, and Sarasota counties have already ruled that the Intoxilyzer 8000 results are not admissible in a criminal prosecution, Judge Seidman is the first Broward Judge to make this ruling. His ruling will only apply to DUI cases that occurred from 2007 through the summer of 1008.

Broward criminal defense lawyers are anxiously awaiting the rulings of many other Fort Lauderdale county court judges who have yet to weigh in the matter. Meanwhile, DUI Attorneys in Palm Beach are preparing to file these same motions on cases involving the Intoxilyzer 8000.

Southwest Florida Trial Lawyer, Jeffrey Garvin sworn in as FLABOTA President

Wednesday, August 5th, 2009

The Garvin Law Firm is proud to announce that Fort Myers attorney Jeff Garvin was sworn in as President of the Florida Chapter of the American Board of Trial Advocates at its Annual Convention in Longboat Key, Florida on July 25th.

Jeff Garvin Sworn in as FLABOTA President

ABOTA is an invitation only national organization of trial   attorneys dedicated to preserving the independence of the judiciary and the right to trial by jury.

At the convention, Mr. Garvin spoke on the topic of the cross examination of expert witnesses.

Also sworn in were Bob Cole of Jacksonville as President-elect and Tom Gamba of Miami as Treasurer


New Florida Seat Belt Law Goes Into Effect Today

Tuesday, June 30th, 2009

Until now, drivers could only be cited for not wearing seat belts if they were pulled over for something else, such as speeding.

That changes today with the passage of the Dori Slosberg and Katie Marchetti Safety Belt Law. With the passage of this new law a Florida driver who is not wearing a seat belt can be pulled over and issued a traffic citation for a nonmoving violation.

The state fine for a seatbelt violation will be $35, and each county may impose additional fines and court fees as well. Drivers and passengers who are found in violation of the new law are subject to a $114 fine in Miami-Dade County and $115 fine in Broward County.

This law is named in memory of two Florida teens that were killed in separate traffic accidents and died as a result of not wearing their seatbelts.

There are some exemptions to the new law, for instance a traffic ticket cannot be issued if an occupant has a doctor’s note, drives a trash truck, deliver newspapers, or is in the back of a pick-up truck.

Broward County Sheriff Begins Traffic Ticket Blitz

Monday, March 16th, 2009

Starting this morning (3/16/09), Broward Sheriff’s Office deputies and state troopers will be conducting a ticket blitz in western Broward County.

Squads will be on Interstates 75 and 595 and on the Sawgrass Expressway from 8 a.m. to 2 p.m. Monday, Tuesday and Wednesday. On Thursday, the officers will patrol those highways from 2 p.m. to 10 p.m.

The joint operation, which targets aggressive motorists and violators of the “Move Over” law and seatbelt requirement, will continue for four days, according to Sheriff’s Office spokesman Mike Jachles.

For more information visit our page on traffic ticket defense.

Fort Myers Cocaine Bust: VIDEO, Lee County Sheriff Mike Scott

Thursday, May 22nd, 2008

Click the link below for a video of what Sheriff Mike Scott is calling the biggest bust in Lee County’s history. Doesn’t look like all that much if you ask me.

http://www.news-press.com/apps/pbcs.dll/article?AID=/20080522/VIDEO/80522074/1085/RSS0110

Conference center, plaza may be coming to St. Marks

Monday, May 5th, 2008

From deli meats to video rentals, the family store on St. Marks’ main drag has it all; its selection of used paperbacks even serves as the town’s public library. It’s part of a way of life many here want to preserve.
“We all love St. Marks just the way it is,” said Joy Brown, Bo Lynn’s owner for the past 43 years. “We really don’t want another Miami. … We’re not ready for it, and we don’t want it.”
But time is catching up with the town 20 miles south of Tallahassee. A group of citizens is planning to restart the town’s economy following a decade of hardships. Their proposal calls for a conference center and a waterfront plaza that could include the site of the shuttered Posey’s Oyster Bar. Click Here for Full Story: http://tallahassee.com/apps/pbcs.dll/article?AID=/20080506/NEWS01/805060327&referrer=FRONTPAGECAROUSEL Take a look at the website, there is a photo gallery and a video about the Confrence Center

Judge gives offenders a choice: Pay fine or donate blood

Sunday, May 4th, 2008

PLANTATION – Jeremy Thomas, a 16-year-old from Coral Springs, was busted for underage smoking at the mall a few months ago.On Friday, Broward County Court Judge Steven Shutter ruled those few puffs would cost Thomas 7 1/2 hours of community service or a $53 fine or a pint of blood.Without hesitation, he walked to a van outside the West Regional Courthouse in Plantation and prepared to be stuck with a needle.”I didn’t want to pay the fine,” Thomas said. Defendants who appear before Shutter can lop off as much as $75 from their fines or receive credit for community service if they donate blood. The option is available to traffic offenders whose violations range from expired vehicle tags to unintentionally killing someone in a car accident. Also eligible are some defendants charged with criminal misdemeanors and alcohol violations. Click here for full story: http://www.sun-sentinel.com/news/local/broward/sfl-flbblood0503sbmay04,0,4487754.story

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