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.

All eyes will soon be on the jury of the Johnny Depp and Amber Heard defamation case. The trial is expected to end this week, and the jury will begin their deliberations.

What facts will the jury consider, and what are the possible outcomes of the case that has captured national attention?

The Facts of the Case

In 2018, Amber Heard wrote an editorial for The Washington Post indicating that she was a survivor of domestic abuse. While the article didn’t name Johnny Depp as Heard’s abuser, many people assumed the article was about Depp because the couple’s tumultuous relationship had been widely publicized throughout the years. Depp alleged that Heard’s story was fabricated and that the article led to financial hardship for him.

Depp filed a $50 million defamation civil suit against Heard in Fairfax County, Virginia (where the servers for The Washington Post are located) in an attempt to recoup the losses he said he experienced.

During the trial, two witnesses testified in an attempt to show the value of Depp’s losses. A forensic accountant testified that Depp lost $40 million in income after Heard’s allegations. Depp’s talent manager testified that Depp lost a $22.5 million deal with Disney for the Pirates of the Caribbean franchise after Heard’s article was published.

In response to Depp’s lawsuit, Heard filed a countersuit for $100 million.

Heard says that after Depp’s attorney told The Daily Mail that the actress’s allegations were an “abuse hoax,” she also experienced financial losses of her own, according to the New York Times. Heard’s attorneys say she was unable to find work after Depp’s “attempt to destroy and defame Ms. Heard in the press.” Unlike Depp, Heard hasn’t shown how she came up with the $100 million amount. Heard’s talent agent testified that her career prospects fell off after claims from Depp’s legal team, but the agent did not include specific financial numbers.

Related: Why Is Johnny Depp Suing His Ex-Wife, Amber Heard for $50 Million

What Does the Jury Have to Consider?

Both defamation cases have been wrapped into one trial. Seven jurors will determine if the defamation claims are accurate and if so, how much should be awarded in damages. The verdict must be unanimous.

Unlike a criminal case, the jury does not need to find the evidence convincing beyond a reasonable doubt. They only need to determine which side presented a stronger case.

The jury will decide whether or not they believe Heard’s claims of abuse to be legitimate. If they believe her claims match what happened, the defamation case is likely to swing her way. If they believe her claims were fabricated, the case will likely end in Depp’s favor.

The jury must also consider whether or not there was malice to defame one another. They must determine whether or not the exes choose to speak publicly about each other in a clear attempt to bring harm to one another.

If the jury decides one party attempted to defame the other, they will also have to determine how much the defamation cost the harmed party. The defamed party will need to clearly show how they arrived at the requested amount of damages.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

What Are the Possible Outcomes?

As the trial comes to an end, the seven jurors will make their judgment. What decisions could they come up with? There are a few possible outcomes.

Depp wins and is awarded the full $50 million. For this outcome, the jury would need to find that Heard’s claims were fabricated and intended to defame Depp and that the claims led to a loss valued at around $50 million for Depp.

Depp wins and is awarded less than $50 million. The jury may find that Heard’s claims were fabricated and intended to defame Depp but that the claims didn’t lead to a full $50 million in losses.

Heard wins and is awarded $100 million. If the jury believes Heard’s claims and that Depp’s legal team acted to discredit her, she may walk away with the full $100 million if the jury believes she experienced damages in that amount.

Heard wins and is awarded less than $100 million. The jury may believe Heard’s side of the story but not the amount of damages she experienced. She could win the case but walk away with a smaller amount of money in damages.

Neither is awarded damages. The jury could decide that no one in the case deserves damages.

The couple agrees to an out-of-court settlement. The couple’s legal teams could meet outside of the court and decide on a settlement of their own. This scenario is unlikely considering that the trial has already gone on for weeks.

We will have to wait and see what the jury decides. Even then, it is likely that the case will continue on as there is the potential for either side to file an appeal after this case concludes.

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

Protect Your Interests

As we have seen with the Depp and Heard case, a lawsuit can completely disrupt your life. If you are facing a civil or criminal case, you need an attorney by your side who can give you advice and fight for you.

If you are in need of a personal injury attorney or criminal law representation, talk to an attorney right away. Schedule a free consultation to talk to TJ Grimaldi to share the details of your case and see how our experienced legal team can help. Request your consultation or call 813-226-1023 today.

A man in Rochester Hills, Michigan, was running a standard errand. He took his car to the dealership to have his oil changed. While he sat in the lobby waiting for his car, there was an accident in the shop. A mechanic drove the car into another mechanic, killing him.

Two years later, the car owner faces a $15 million lawsuit for the accident he had nothing to do with.

Why is he liable? And ultimately, who will be responsible for the terrible accident?

Related: How Do You Sue for Wrongful Death?

What Went Wrong in the Auto Shop?

In March 2020, a man brought his car in for an oil change and handed his keys over to the Rochester Hills Chrysler Jeep Dodge dealership. He sat in the waiting room while the dealership took the car into the shop for service. At some point, a 19-year-old mechanic got behind the wheel of the man’s vehicle, and tragedy occurred.

“He starts the car, removes his foot from the clutch, and you know what happens? The Jeep jumps and kills my client,” recounts David Femminineo, the attorney representing the family of the man who died.

The young mechanic made a mistake which caused the car to move forward and hit another mechanic, 42-year-old Jeffrey Hawkins who died instantly. It was later reported that the young mechanic didn’t know how to drive a stick-shift vehicle and had no license, according to a report by Fox 13.

Now, two years later, the Hawkins family is fighting for damages as a result of the accident. They are suing for $15 million. But, the defendant isn’t the person who caused the accident or the owner of the dealership.

The defendant in the case is the owner of the car.

Related: 5 Reasons to Contact a Car Accident Lawyer After a Crash 

How Are the Mechanic’s Family Seeking Justice?

The owner of the car was seated in the waiting room when the accident occured, but Michigan law holds him responsible for what happened and potentially liable for $15 million in damages.

According to Michigan law, when someone is injured or killed and a vehicle is involved, the owner of the car is responsible, as reported by Fox 2.

While it may seem like the dealership or the driver of the car should be responsible, Michigan law makes it impossible for the victim’s family to sue them because the accident happened at work and involved two employees. In Michigan, an injured coworker cannot sue the boss because of the boss’ negligence. The family cannot sue the dealership or driver for wrongful death, so they are exercising another option.

The family sued the owner of the vehicle. Michigan state law says the owner of a car is responsible for the acts of anyone driving their car. The car owner’s insurance company has already paid out $100,000, and the Hawkins family is seeking an additional $15 million.

But, it doesn’t mean the driver will have to pay.

Related: Workplace Accidents: Is It Workers’ Comp or Personal Injury?   

So, Who Is Legally Responsible?

The owner of the car has filed a lawsuit of his own. He has sued the owner of the dealership for indemnity, which passes responsibility for the accident back onto the dealership.

A court has determined that the car dealership is responsible for the losses or damages incurred by the driver as a result of the accident. The lawsuit puts the burden back on the dealership, meaning the dealership — not the driver — is responsible for damages in the Hawkins’ lawsuit.

As the indemnity lawsuit currently stands, the dealership will be responsible for covering the damages If the Hawkins family wins their lawsuit.

But, the driver isn’t off the hook yet.

The dealership is going to appeal the indemnity ruling. If the ruling in the case is reversed, the burden of damages would again fall back onto the owner of the car.

The wrongful death case is now headed to trial. Both the owner of the car and the dealership are fighting to avoid liability in the case. The attorney representing the dealership is now working with the owner of the car’s legal team as they both have an interest in winning the case. If the Hawkins family fails to win their case, both the owner of the car and the owner of the dealership can avoid liability in the case.

Related: How to Prove Fault in Personal Injury Case

Talk to an Experienced Wrongful Death Attorney

As you can see, personal injury and wrongful death cases can be complicated. Options for families to receive compensation aren’t always clear. But one thing is clear: if you had a family member injured or killed in an accident, you deserve justice.

Talk to a personal injury attorney or a wrongful death attorney if you have experienced damages or losses as a result of another party’s negligence. Discuss your case today by contacting attorney, TJ Grimaldi. Schedule your free consultation or call 813-226-1023 to see how TJ and his legal team can help you get justice for your loved one.