Florida Governor Ron DeSantis believes he was within his rights when he removed Hillsborough County State Attorney Andrew Warren from office. Warren thinks differently.

Warren believes the move was a violation of his First Amendment rights. What are their arguments, and where do the cases go from here?

Why Did DeSantis Remove Warren From Office?

On August 4, 2022, Republican Florida Governor Ron DeSantis held a press conference and announced that he was removing Hillsborough County State Attorney Andrew Warren from his position.

Warren, a Democrat, had been elected twice to his position in the 13th Judicial Circuit in Hillsborough County, Tampa, Florida.

DeSantis said he was removing Warren due to Warren’s disregard for his duty to enforce state laws.

After Roe v. Wade was overturned, Warren joined dozens of prosecutors around the country in signing a pledge stating they would “refrain from using limited criminal legal system resources to criminalize personal medical decisions.” Warren also signed a similar document with a group of prosecutors who said they would not use their office to “promote the criminalization of gender-affirming health care or transgender people,” as reported by The Washington Post.

DeSantis says Warren, “put himself publicly above the law,” as reported by the Tampa Bay Times. DeSantis claimed he visited the 13th Judicial Circuit in Hillsborough County and the response he got, “was a lot of frustration on the part of law enforcement for criminals being let go and crimes not being prosecuted.”

Under Florida law, a Governor can remove “any county officer” for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony.

An armed sheriff’s deputy escorted Warren from the building after DeSantis signed the order. DeSantis appointed a county judge to temporarily replace Warren. Susan Lopez, a Republican judge who backed Warren’s opponent in 2016, is now acting in his place.

DeSantis believes he is justified in the removal, but Warren thinks differently.

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

Why Did Warren File a Federal Lawsuit Against DeSantis?

On August 17, 2022, Warren filed a federal lawsuit in the U.S. District Court. The lawsuit argues that the Governor violated Warren’s First Amendment right to freedom of speech. It asks the court to rescind DeSantis’ order and reinstate Warren as the State Attorney.

While Warren pledged that he would not to prosecute people for violating abortion or gender-affirming restrictions, he had no pending cases related to either matter.

DeSantis’ order does not cite any examples of Warren failing to prosecute individual cases. The state currently doesn’t have any laws on gender-affirming care, and the 15-week abortion ban signed by DeSantis is currently facing lawsuits and will be heard in front of the State Supreme Court.

Warren argues that his removal isn’t a punishment for lack of prosecution — but is instead a punishment for his use of free speech.

“And let’s be clear — the Governor had absolutely no examples of specific actions taken by me or my office where I had ignored or declined to follow the law. This really is about my opposing two of his pet culture war issues — abortion and transgender health care,” Warren said, as reported by NPR.

This isn’t the first time public officials have been removed by DeSantis or his Republican predecessor. DeSantis performed the same action four years ago when he dismissed the Sheriff of Broward County, Scott Israel, for his actions surrounding the shootings at Marjory Stoneman Douglas High School.

While he was Governor, Republican Rick Scott took a few dozen cases from the State Attorney in Orlando when she said she wouldn’t pursue the death penalty in the cases. But, Scott did not remove her from office.

Past removals differ in that there were ongoing cases that led to the decision, and in the case of the State Attorney in Orlando, she was not removed from her position. She was only removed from the cases.

So, what will happen next?

Related: What to Ask During a Free Consultation with a Lawyer

Where Does the Case Go From Here?

Before Warren’s lawsuit, it was up to the Florida Senate whether or not Warren’s dismissal would become permanent. The Florida Senate has the final say on a public official’s removal or reinstatement.

It is likely that the Republican-controlled Florida Senate would vote to agree with DeSantis’ removal of Warren. But, the lawsuit puts the process on pause.

A judge will now decide if Warren’s dismissal was unlawful. If the judge sides with Warren, he should be able to go back to work. If the judge sides with DeSantis, the final decision will go back to the Florida Senate.

Related: Get Good Legal Representation by Asking This One Question

Do You Have a Legal Case to Discuss?

The law can be messy and complicated. If you are involved in a civil or criminal case, make sure you have an experienced attorney who can expertly guide you through the process. TJ Grimaldi is here to help. To discuss your case directly with TJ, schedule your consultation or call 813-226-1023 today.

Bicycles and kids go hand-in-hand. We think of kids riding bikes as a typical childhood pastime. But does the same go for kids and e-bikes?

The family of Molly Steinsapir doesn’t think so.

The parents are suing an e-bike company after their daughter was tragically killed while riding one. What happened, and what message does the family want to send to the e-bike industry?

What Went Wrong on the E-Bike Ride?

On January 31, 2021, in Los Angeles, 12-year-old Molly Steinsapir and her friend, 11, decided to take an e-bike for a ride. The bike belonged to the friend’s 13-year-old sister. Details of a recent lawsuit shared by The New York Times explain what happened next.

The 11-year-old drove the bike while Molly sat on a rack that covered the bike’s back wheel. The two rode up a hill that would have been too steep and difficult for them to climb on a manual bike. The electric boost propelled them up the hill. The e-bike could go up to 20 miles per hour without being pedaled.

When they got to the top and turned to go down the hill, the e-bike “began to rapidly pick up speed, and it began shaking,” according to the lawsuit. The friend “applied the rear brake, but the bicycle did not slow. She then pulled the front brake, but the bike did not stop, and the front wheel began to wobble.”

Both girls were thrown from the bike. Molly was knocked unconscious and taken to Ronald Reagan UCLA Medical Center, where doctors found that she had sustained a traumatic brain injury.

From the hospital, Molly’s mother, Kaye Steinsapir, began sharing her daughter’s story. She wrote a post calling for support and continued to share updates over the next 16 days. As Molly underwent several brain surgeries, a community rallied around her and the hashtag #TeamMolly.

But Molly’s injuries were too serious to overcome, and Molly died on February 15, 2021.

Related: 6 of the Most Commonly Asked Questions About Personal Injury

Why Should the E-Bike Company Be Responsible?

Molly’s parents believe their daughter’s death should never have happened, and they want to prevent something similar from happening again.

On August 1, 2022, Molly’s parents, Kaye and Jonathan Steinsapir filed a wrongful death lawsuit against Rad Power Bikes, the manufacturer of the e-bike Molly was riding.

The Steinsapirs believe there are two primary reasons why the Seattle company should be held accountable. In the lawsuit, they allege that the bike was inappropriately marketed to kids and that a design flaw makes it inherently dangerous.

As reported by The New York Times, the lawsuit alleges that the company engaged in “inappropriate marketing of e-bikes to children,” and failed to “adequately warn about the dangers of children operating e-bikes.” The company’s website said some bikes were suitable for riders 4 feet 10 inches or taller and included photographs of children as passengers. Yet, the 57-page owner manual includes a warning on page 49 that says, “RadRunner is designed for use by persons 18 years old and older.”

The family also says flaws in bike design made it difficult for riders to slow down and stop. When going downhill, it is difficult to stop as the bike gains speed.

They hope the lawsuit will move the e-bike company to make changes.

What Are the Goals of the Lawsuit?

Molly’s parents have not requested a specific amount of damages in the lawsuit against Rad Power Bikes. They have asked for the jury to determine the amount of damages.

The Steinsapirs say their goal of the lawsuit is to make sure the tragic accident doesn’t happen again.

Since its founding in 2007, Rad Power Bikes has received more than $300 million in investment. The Steinsapirs want to make sure similar accidents don’t happen in the future.

“We want to better understand what happened, why, and how future tragedies like this can be avoided,” Mr. Steinsapir wrote in a letter that is included in the lawsuit.

Related: Personal Injury Compensation: What Can You Fight For?

Talk to an Experienced Wrongful Death Attorney

If the negligence of a person or company leads to injury or death, you can fight for justice. A wrongful death attorney can hold an at-fault party accountable for actions that led to serious injury or death.

Talk to an attorney about the details of your situation to find out if you have a case worth pursuing. TJ Grimaldi is an experienced attorney who can help you determine if you have a case worth fighting for. Schedule your consultation or call 813-226-1023 today.

Lately, all eyes have been on the Supreme Court as they have released recent decisions on everything from abortion to school funding to the government’s control over environmental issues.

As it relates to the law, one case in particular has gained attention.

A ruling regarding Miranda Rights has implications for anyone arrested for a crime. What did the ruling say? And, what does it mean for both police and the public?

What Are Miranda Rights?

You have the right to remain silent.

The statement above is the beginning of what is referred to as Miranda Rights. Miranda Rights are a statement said by police to someone immediately after they have been arrested for a crime. While the wording doesn’t need to be exact, the statement must touch on four points.

• You have the right to remain silent.
• Anything you say can be used against you.
• You have the right to an attorney
• If you cannot afford an attorney, one will be assigned to you.

Miranda Rights were created in 1966 as a result of the Supreme Court case, Miranda v. Arizona. The statement was created to protect a suspect’s Fifth Amendment rights, which protects a person from self-incrimination.

If police fail to issue Miranda Rights, the statements made by an arrestee after the arrest may not be able to be used in court (although there are some exceptions). Recently the Supreme Court issued a ruling on what else happens — or doesn’t happen — if police fail to issue Miranda Rights.

What Was the Supreme Court’s Ruling?

The recent Supreme Court case wasn’t related to whether or not police must issue Miranda Rights. It had to do with an arrestee’s right to sue if their Miranda Rights weren’t issued at the time of the arrest.

A federal law allows people to sue government offices for violating their constitutional rights. The Supreme Court case looked at whether failing to read Miranda Rights was a violation of a civil right. The Court found that it wasn’t.

In a 6-3 ruling, the Supreme Court said failing to read Miranda Rights was not a violation of civil rights, and it shielded police from being sued if they failed to issue Miranda Rights.

The Supreme Court did not say that police are no longer required to issue Miranda Rights. Even after the Court’s ruling, police are still legally required to issue Miranda Rights.

So, what does the ruling mean for law enforcement and the public?

Related: Find The Best Legal Representation by Asking This One Question

What Does the Ruling Mean for Law Enforcement?

Pinellas County Sheriff Bob Gualtieri, Clearwater Police Chief Daniel Slaughter, and St. Petersburg Police Chief Anthony Holloway gave statements to the Tampa Bay Times indicating that they don’t believe the ruling will have much bearing on the way their officers conduct arrests.

According to their statements, police still have a major incentive to issue Miranda Rights.

If police fail to issue Miranda Rights, they cannot use evidence collected from statements made by the arrestee. Law enforcement officials say officers are inclined to collect as much admissible evidence as possible, so they will read Miranda Rights to ensure that they can collect and use evidence.

“If the officer wants to make sure that he or she has a strong case against the person they just arrested, then they need to read Miranda,” said St. Petersburg Police Chief Anthony Holloway.

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

What Does the Ruling Mean for the Public?

While many law enforcement officials believe the Supreme Court ruling should have no bearing on fair arrest processes, some civil rights advocates and legal experts have concerns.

Judith Scully, a criminal law professor at the Stetson University College of Law says, “They [the Supreme Court] recognize the police officers’ conduct as being unethical, perhaps even unacceptable, but they are not willing to say that it’s unconstitutional. They draw a distinction between ethics, acceptability, and constitutionality.”

Concerns are that the new ruling decreases the accountability of police officers. It’s unlikely that law enforcement departments will discipline officers for failing to read Miranda Rights, and now, there is no civil recourse either.

For the public, it’s more important than ever to know your rights. Even if you aren’t read your Miranda Rights, you should know that protections still exist. If you find that your rights were violated, get good legal representation to ensure that you can dismiss any evidence that was collected unlawfully.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Talk To a Criminal Defense Attorney

If you are arrested for a crime, you have rights. Make sure you know your rights and that you have a criminal defense attorney by your side who will fight for your rights. If you have been arrested for a crime and need expert legal counsel, talk to TJ Grimaldi today.

TJ is committed to fighting for his clients and getting them the most fair and just outcomes possible. Talk to TJ about the details of your case today. Call 813-226-1023 or request your consultation to schedule a time to talk and make a legal plan for your case.

A 911 dispatcher’s job is to receive calls for emergency assistance and send out help. But, what happens when the process doesn’t go that way? In one case, it led to a 911 dispatcher being charged with involuntary manslaughter.

What happened, and what consequences does the dispatcher face?

Who Called for the Ambulance and Why?

On July 1, 2020, Kelly Titchenell, got into her car to drive to her mother’s house. While on her way, Titchenell called 911 to report that her mother, Diania Kronk, was in need of medical assistance. Titchenell connected with Pennsylvania 911 operator Leon “Lee” Price.

As reported by The New York Times, Titchenell told the dispatcher that her mother needed to be taken to the hospital. She told Price that her mother was “really bad” and that she hadn’t been out of bed in three days, had been drinking heavily, and was “turning yellow.”

In the 911 recording, Titchenell can be heard saying her mother had lost “so much weight” and was “making noises.”

Titchenell believed that her mother needed immediate medical attention and requested for an ambulance to be sent to her mother’s house, but the 911 dispatcher was reluctant to send one.

Why Didn’t the Dispatcher Send the Ambulance?

During the four-minute 911 call, Price repeatedly asked Tichenell if her mother would be “willing to go” to the hospital when the ambulance arrived.

With the nearest hospital 30 minutes from Kronk’s home, Tichenell told Price that her mother needed to go with the ambulance. Tichenell said, “She will be, ’cause I’m on my way there, so she’s going, or she’s going to die.”

When Tichenell was about ten minutes from her mother’s home, the dispatcher asked if she would call back once she got to her mother’s house and could confirm that Kronk would go in the ambulance. Tichenell agreed and hung up.

When Tichenell arrived at her mother’s home, she found her mother nude on the front porch and talking incoherently, as reported by Fox 13. Tichenell said she didn’t call 911 again because she couldn’t find her mother’s landline and there was no cell service. Tichenell left and did not call 911 on her way home as she said she believed her uncle was going to check on her mom.

The next day, Tichenell’s brother went to check on Kronk and found that she had died. When she was found, she was jaundiced and bleeding from a hole in her esophagus. An autopsy concluded that Kronk’s cause of death was internal bleeding.

Now, the 911 dispatcher faces civil and criminal consequences for failing to send the ambulance.

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

What Criminal Charges Does the Dispatcher Face?

More than two years after the incident, Price was charged with involuntary manslaughter, reckless endangerment, official oppression, and obstructing the administration of law or other government function.

According to John Kelly, general counsel to the National Emergency Number Association, criminal charges against dispatchers for failing to send help are very rare but have happened.

Of the charges, the involuntary manslaughter charge is the most serious. In Pennsylvania, the maximum penalty for involuntary manslaughter is five years in prison and a $10,000 fine.

In an involuntary manslaughter charge, the defendant had no intention to kill another person but their actions resulted in the death of another person. To prove that Price is guilty, the prosecutors will need to prove:

• Kronk died as a result of Price’s actions.
• Price had a reckless disregard for Kronk’s life.
• Price was aware that his actions could potentially result in Kronk’s death.

In early July 2022, Price was arraigned and released on bail. No details of his defense or court dates have been released at this time.

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

What Civil Charges Does the Dispatcher Face?

The criminal charges against Price came shortly after Kronk’s family filed a civil lawsuit in the matter.

Less than a month ago, Titchenell filed a federal lawsuit on behalf of her mother’s estate. She is suing Price, Greene County in Pittsburgh, and two 911 supervisors. The lawsuit accuses Price of “callous refusal of public emergency medical services.”

In a civil wrongful death case, the defendants face no jail time, but they may be liable for paying financial damages to Kronk’s surviving family. At this time, no details of the requested damages have been released.

Related: Examples of Wrongful Death Cases Worth Fighting For

Work with an Experienced Attorney You Can Trust

If you or a loved one faces civil or criminal charges, it is a serious matter. You need to work with an attorney who knows the details of your case and can guide you to the best possible outcome. Talk to a criminal defense attorney or civil attorney with experience in your type of case and start making a plan as soon as possible.

If you have a case you need to discuss, contact TJ Grimaldi today. Call 813-226-1023 or request your consultation to schedule a time to share the details of your case and start making a plan today.

At 2:45 a.m. on October 14, 2021, three officers showed up at the home of Calvin Wilks Jr. The encounter ended with the death of 40-year-old Wilks and now, three manslaughter charges against the officers who were there.

What happened, and how will the case make it through two types of court systems?

What Led to the Stun Gun Discharge?

On October 14, 2021, police say they received a call from a resident who heard shouts coming from her neighbor’s residence around 2:45 a.m. The resident said she thought she heard a woman yell, “Please stop.”

When police arrived, Wilks answered the door and was initially cooperative, but then he closed the door and refused to open it. After about five minutes, police say Wilks opened the door again and was in a “highly agitated state.” He told police the woman who lived at the residence was in the parking lot, but police could not locate her.

According to the Tampa Bay Times, Police said Wilks continued to act out. In a news release, police said, “Mr. Wilks continued to act aggressive and made several attempts to close the door on an officer’s foot, slamming it several times. Officers attempted to deescalate Mr. Wilks’ aggressive behavior. After receiving no cooperation from Mr. Wilks, officers attempted to detain Mr. Wilks who became combative, and physically resisted by pulling away and kicking the detaining officers. During the incident, Mr. Wilks was tased in the hip, and eventually officers were able to restrain him.”

Wilks was unresponsive after being tased.

Police said they called emergency medical services because they thought Wilks was on drugs. An ambulance arrived and took Wilks to a hospital, where he died the next day.

What Led to Charges Against the Police Officers?

On June 7, 2022, a grand jury in Okaloosa County, Florida, examined the evidence surrounding the death of Wilks and charged the three Crestview Florida police officers: Brandon Hardaway, William Johns, and Evan Reynolds with manslaughter.

Wilks’ death was ruled a homicide by the medical examiner, and there is 45 minutes of body cam footage from the incident. It is reported that Wilks was shot with stun guns at least five times, and Wilks’ family says body cam footage shows police watching Wilks struggle without offering aid, according to Yahoo! News.

After the charges were made, State Attorney Ginger Bowden Madden said in a news release, “Let us understand that our law enforcement officers face a difficult job every day; however, the sanctity of a life must never be unjustifiably compromised.”

Now, the police officers may face both criminal manslaughter charges and civil wrongful death charges.

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

What Are the Criminal Charges?

Manslaughter is a type of criminal charge that is less serious than a murder charge, but it still carries heavy potential consequences. Defined under Florida Statute 782.07, manslaughter refers to cases where the defendant’s actions led to a death, but the actions were not premeditated or planned. Unlike a murder charge, there is no premeditation to kill in a manslaughter charge.

The consequences of manslaughter conviction in Florida may be up to:

• 15 years in prison
• 15 years of probation
• $10,000 fine

The Crestview Police Department says the officers are suspended pending the outcome of the criminal case. All three men were indicted and released on a $10,000 bond. They are set to appear in court on July 7, 2022.

Related: Get Good Legal Representation by Asking This One Question

What Are the Potential Civil Charges?

In addition to criminal manslaughter charges, the police officers are now facing potential civil wrongful death charges.

According to Yahoo! News, Bart Fleet, the personal representative of the estate of Calvin Wilks, has appointed Crestview lawyer Gillis E. Powell to represent the estate in a wrongful death action.

Wilks’ family plans to sue for wrongful death. To win, they will need to prove:

• Wilks’ death was the result of negligence or maliciousness of an at-fault party
• Wilks’ death led to financial and/or emotional damages for his surviving family

At this time, it isn’t clear if the family plans to sue the officers, the police department, and/or any other parties.

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

Get Expert Legal Advice Today

If you or a loved one are involved in criminal or civil litigation, it’s a serious matter.

Don’t wait to talk to an experienced attorney who can offer expert legal advice. Talk to an experienced criminal and civil attorney today. If you have questions about a pending case, contact TJ Grimaldi. Call 813-226-1023 or request your consultation today to speak directly with TJ about the details of your case.