Daytona Beach Criminal Lawyer Blog

On Tuesday July 5, 2011, Casey Anthony was found not guilty of the murder of her daughter Caylee. The trial included 400 pieces of related evidence, 33 days of grueling testimony and more than 90 witnesses. Despite the seeming thoroughness of this case, not only was Casey Anthony found not guilty but after being convicted of four misdemeanors, she'll walk free in a few days. Many non lawyers are not only shaking their head at the verdict but also at how this woman, after being found guilty of four misdemeanors, is soon to be free. The answer to the second question can be found below.

Anthony was arrested in October of 2008 for the murder of her daughter. Each misdemeanor in the state of Florida is punishable by up to a year in a county jail and a maximum fine of $1,000.00. The judge would need to decide on a concurrent or consecutive sentence and also factor in the gain time, or the time she's already spent in jail. A consecutive sentence would punish Anthony for each misdemeanor, by up to one year in jail for each count. Or, they could be combined in a concurrent sentence with only one year of jail time. Most cases of misdemeanors are sentenced concurrently, due in part to the overcrowding in jails and the lack of severity of the crime.

On Thursday, July 07, 2011 Anthony sat again in court, this time a sentencing court in Orlando, Florida, awaiting Judge Perry's decision on how much jail time she'd be facing. Judge Perry sentenced Anthony to a consecutive sentence of four years, but factored in the gain time and reduced the time for good behavior. Casey Anthony will walk free of all legal repercussions on Wednesday, July 13 with only a $4,000.00 fine to pay.

Regardless if you agree with the verdict of "not guilty" or not, the fact remains that she has already spent more time in jail for the four misdemeanors than most people would have. While it may irk some to consider that she gets time deducted from her sentence for good behavior, that is the law and the only one that she can be held accountable to in the United States.

If you or someone you know needs advice on a criminal matter and would like to speak to an attorney, please contact The Law Office of Bundza & Rodriguez, P.A.

Continue reading "Explaining Casey Anthony's Criminal Sentence" »

The Los Angeles district attorney is holding off on filing charges of domestic violence against his former girlfriend Oksana Grigorieva. The D.A. received the Los Angeles Sheriff's Department investigation report on Domestic Battery allegations, but has decided to wait on the filing of formal charges until they hear Mr. Gibson's side of the story. Gibon claims that Grigorieva used audio recordings leaked to RadarOnline to extort him, and the sheriff's office is looking into the claim. . "We will review what we have so far," D.A. spokesperson Sandi Gibbons said in a statement to TheWrap.
However, a source tells TheWrap that a potential roadblock in the investigation has been created between police and the prosecution. "Regardless of what you have heard, the Sheriff's department have not been working closely with the D.A.," sources told TheWrap, "and they have no idea when they'll will see the Grigorieva report."
This investigation began after RadarOnline posted several audio recordings of Gibson in a tyrannical verbal assault on former girlfriend Oksana Grigorieva. In the recordings Grigorieva alleges Gibson punched her and broke her teeth while she was holding their baby. Grigorieva filed a restraining order against the actor on June 24 attempting to keep him away form her and their 8-month daughter.

Continue reading "Mel Gibson domestic violence case moving slowly" »

During a traffic stop, the officer asked you out of your vehicle to perform "Field Sobriety Tests". What do these tests mean? Below is a brief explanation to the purpose of these tests. Field sobriety tests are physical and mental agility exercises that D.U.I. suspects are requested to perform by an investigating officer. In our legal system an officer needs probable cause to make a D.U.I. arrest and these field sobriety tests are one piece to the probable cause puzzle. Police Officers have a wide variety of "tests" they can administer to a D.U.I. suspect, however most use the walk and turn, the one leg stand, and the finger to nose test. These common tests are self explanatory by name and even the casual observer can see that the officers seem to be testing the suspects coordination levels. What most people don't know are that the officers are also testing your ability to follow instructions during the explanation and execution of these tests.
Even before you begin the tests, the officer is observing your behavior for D.U.I. indicators, like how straight you are standing and how alert you seem while the instructions are being read to you. Perhaps the most cited "indicator" that officers claim is a lack of the ability to follow instructions. Many times a suspect is so eager to prove their innocence, they will start the test before being told to do so and often will miss a seemingly innocuous detail. Sometimes it's something really small like starting with the left foot first when told to use the right foot. If this happens, the officer will state, " the suspect had a hard time following instructions due to being intoxicated", and use this against you in a trial.
The moral of the story is to remain calm, alert, and to listen to every detail during a D.U.I. investigation. Any encounter with a police officer usually triggers the "fight or flight response", and a D.U.I. investigation can be nerve racking. Remember that your every action is being observed and that an officer is not only testing your coordination, but your ability to listen and follow instructions.
If you were recently arrested on the charge of Driving Under the Influence and would like to speak to an attorney about your D.U.I. case, please contact The Law Office of Bundza & Rodriguez, P.A.

Continue reading "What are the purpose of DUI tests?" »

If you've been unfortunate enough to be placed under arrest, you've probably had this thought, "Now What?" Most likely you will have one or two sleepless nights with nightmares of an angry black-robed judge slamming a gavel followed by the sound of handcuffs clicking. If you find yourself in this scenario and want to go into court prepared, then read on for a brief outline of what you can expect. If you've been though this drill before and are familiar with the terms, arraignment, pretrial, and clerk of court, then you may want to skip to the end and set up a free consultation. If your reading an internet article, it's safe to assume you've bonded out or have been released on your own recognizance, (no bond was required) so we can skip the discussion on bond and go right to your first court notice.

1. Notice of Arraignment: This notice from the Clerk of Court tells you what you have been charged with, your case number, when your arraignment day is, the physical address of the courthouse, who your judge is and what courtroom the judge is in. The purpose of a formal arraignment is to inform the Defendant of the charges being brought against him/her, and to either plead guilty or not guilty. That's it? Yes formal arraignment is that simple and once your name gets called after the other 100 people there, that quick. There is usually no case negotiation done, because most likely it is the first time the State Attorney has seen your file. If you plead guilty you are sentenced right there, if you plead not guilty your case gets set onto the regular pretrial docket.

2. Notice of Pretrial: Your notice of pretrial will be similar to your arraignment notice, only this time it will show two dates. The first date will be your pretrial date and the second will be your trial date. Your pretrial date usually precedes the trial date by about three weeks. A pretrial conference is a status update before the judge. They will ask if you are ready to proceed to trial or if you need more time. If you need more time to put on your defense you will ask the judge for a continuance, and if granted be placed on the next pretrial docket. The pretrial cycle continues from there and can go on for quite some time depending on the complexity and severity of you case.

3. Trial Week: If you are ready to proceed to trial on your case, you will do so on the noticed trial week. Trial week is usually Monday through Friday. Every case that is going to trial for the week will appear to pick juries on Monday, then come back on their specific trial dates later in the week. Trials are just as you've seen on television, less most of the dramatic acting and music. They range from 1/2 day trials to week long trials, once again depending on the complexity and severity of your case.

That's the very basic rundown of a criminal case from the time your are arrested to the day you go to trial. Obviously there are a myriad of different scenarios and hearings that can and will occur in your case, but covering all of those is nearly impossible. The million dollar question that I haven't covered yet is, "Do I need an attorney?"

Honestly, there is no simple answer for that. Every case is different, sometimes you will and sometimes you will not. I would always recommend consulting with a reputable criminal defense attorney as soon as possible. Most criminal defense attorneys have free consultations, so there is really no harm in talking with them. I have consulted with countless potential clients, that at a minimum leave my office with a better understanding of how the criminal process works. In fact, on many occasions I will tell a potential client that they can handle the case themselves, only to find that they want to hire me. The reason being, is that the courtroom can be a very scary place to visit, and even scarier if you are being charged with a crime. So even though some client's cases aren't complex, they feel better about having someone there who is used to that environment. Someone that won't let them get taken advantage of by the system. Another very important benefit to hiring an attorney, is that in most cases, he can handle your case with you only stepping foot in the courtroom once. This benefit can save time, money, and stress to any potential client.

Continue reading "I've been arrested...now what?" »