Interview on Ed Tyll show regarding Casey Anthony case

I was interviewed today on the Ed Tyll show, a local radio show on 810 AM, regarding the Casey Anthony case.

We discussed jury sequestration, reasonable doubt, and whether Casey's parents should be allowed in the courtroom during the trial.

Opening a satellite office

I am proud to announce we are expanding! Our new office is in Lake Mary, near the Jax 5th Ave off Greenwood Blvd. The physical address is:

115 Timberlacen Cir.

Suite 1013-A

Lake Mary, FL 32746-3303

Office hours by appointment.

Dan Newlin busted for DUI

Early Friday morning high-profile accident attorney (and former Sheriff's Detective) Dan Newlin was arrested for DUI. Following his release from jail he spoke with the press about his arrest.

After reading the arrest report, I think the State Attorney's Office is going to have a hard time convicting Mr. Newlin of anything for three reasons:

1. No driving pattern to indicate impairment;

2. No physical evidence of impairment, since he refused both the standard field-sobriety exercises as well as a breath test; and

3. A strong argument that the arresting officer was biased against him based on his standing in the community.

On the other hand, Dan gave some pretty silly responses after getting out of jail. For example:

1. Why does he refer to himself in the 3rd person? That just sounds cheesy;

2. Portraying himself as the "victim" of an overzealous police investigation doesn't make him sound like a responsible citizen; and

3. As a former deputy sheriff, he should know darn well that there was no policy change allowing him to choose whether he took a breath or a blood test. Any first year police officer knows that!

Check out the arrest report here. Check out the unedited interview here.

Casey Anthony and Tracy Ocasio

I can't help but wonder if the media would be this obsessed with the Casey Anthony and Tracy Ocasio cases if both girls were black. Does that sound racist? Of course it does. However, having been involved in the criminal justice system for almost a decade, it seems the media only pays attention to cases involving pretty white girls.

Tragically, lots of kids die every year, whether by drowning, disease, or at the hands of their own parents. What makes Casey Anthony's case any different?

Likewise, thousands of people go missing every year. What makes Tracy Ocasio's disappearance any more upsetting than if a poor black or Hispanic person were to disappear?

Another Dolphins player in trouble with the law

Miami Dolphins Defensive End Phillip Merling was officially charged with Aggravated Battery on a Pregnant Person today. If convicted, he could face up to 15 years state prison. In fact, under Florida's sentencing guidelines, if convicted he would likely wind up doing prison time; however, there are always exceptions to the general rule. First, the prosecutors have to obtain a conviction. If the alleged victim doesn't want to press charges, and the police cannot prove the crime by independent evidence, then they may have to drop the charges against him.

Miami Dolphins receiver Brian Hartline may be charged with Leaving the Scene of an Accident w/Property Damage

I'm a big Miami Dolphins fan, so I feel it necessary to comment on a recent article suggesting that second year receiver Brian Hartline may face charges of Leaving the Scene of an Accident.

On July 3 a pickup truck owned by Hartline was headed east on Interstate 595 in Ft. Lauderdale when it struck a Cadillac Escalade that was legally parked on the side of the road. The truck continued east on 595 for a few hundred feet before stopping due to the damage it sustained. Since Hartline owned the truck FHP troopers want to question him about his involvement in the accident. He could face misdemeanor charges.

As his attorney, I would tell him in no uncertain terms not to say anything to police. The police have the burden of proving he was the driver at the time of the crash, and without a statement by him or an independent witness, there's no way anyone can prove Hartline was behind the wheel at the time of the crash. I wouldn't make their job any easier by telling them who was, even if he knew who was driving.

Calculating time-served

I represent a young man on a Violation of Probation (VOP). He was arrested back in 2001 for Grand Theft - Motor Vehicle and Driving While License Suspended With Knowledge - 2 Prior Convictions (DWLS). Both offenses were 3rd Degree Felonies, each punishable by up to 5 years in state prison. After spending nearly 10 months in jail he entered a plea to both charges: 5 years in prison for the Grand Theft followed by 5 years of consecutive probation for the DWLS.

Unfortunately, after my client was released from prison he allegedly violated his probation. To add insult to injury, the judge may not give him credit for the 10 months he spent in jail prior to entry of his plea because the original sentencing paperwork does not indicate that he was to get credit for the time spent in jail on the DWLS. I'm arguing that the law requires he be given credit for the time he spent in jail back in 2001 because he was doing time for both the DWLS and the Grand Theft prior to entry of his plea. The prosecutors, of course, feel otherwise.

I go back to court at the end of July for my client's sentencing. I'll keep you posted of this interesting case.