Many people abide by COVID-19 social rules. If you test positive for COVID-19, you should stay away from other people to prevent spreading the illness. But, not everybody follows these rules — which leads to questions.

Are the rules really rules? And, can you — or Donald Trump — get in trouble for not following them?

Trump’s COVID-19 Testing Timeline

Late on October 1, 2020, President Donald Trump announced on Twitter that he had tested positive for COVID-19. He began to quarantine and was hospitalized the next day. He seemed to follow the “rules” of protecting others after getting a positive COVID-19 test. But, new accounts tell a different story.

In a new book, former White House chief of staff Mark Meadows revealed that Trump actually tested positive for COVID-19 much earlier than officially announced. Meadows, along with two other sources, say Trump tested positive for COVID-19 on September 26, according to NBC News.

Rather than quarantining after receiving a positive COVID-19 result, Trump held a large event with 150 people in attendance at the White House Rose Garden (to announce the nomination of Supreme Court Judge Amy Coney Barrett) before heading to a campaign rally.

In the following days, he had debate prep sessions with his team, held a press conference, attended a reception for Gold Star families, held two outdoor events at the White House, attended two fundraisers, and most importantly, participated in a Presidential debate with Joe Biden.

Trump participated in all of these activities after receiving a positive COVID-19 test.

Trump’s team claims that after the initial positive test, Trump had a follow-up test that came back negative. They say they believed the positive test to be inaccurate.

So, did Trump break any rules — social, procedural, or legal?

Did Trump Break Any Rules?

Social rules, as guided by the CDC, suggest that you should take a positive test seriously. You should isolate yourself for 10 days “after symptom onset and after resolution of fever for at least 24 hours, without the use of fever-reducing medications, and with improvement of other symptoms.” Trump did not follow these rules if the report by Meadows and others is true.

Procedural rules as they pertain to the presidential debate said each participant needed to test negative for the virus within 72 hours of the debate. If Trump did receive a negative test after his initial positive, he seems to have abided by the debate rules.

Legal rules are more complex. Laws and legal precedent would make it difficult to hold Trump legally liable if he knowingly spread COVID-19.

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

A Legal Look at COVID-19 Liability

When looking at the liability and potential consequences of spreading COVID-19 or not following rules and guidelines, you need to consider both civil and criminal charges.

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

Civil Matters: In civil matters, when a person’s negligence has led to the harm of one or more individuals, it can lead to a personal injury lawsuit. There are many types of personal injury lawsuits — such as an auto accident or a slip and fall. But, it would be difficult to prove that someone’s negligence caused another person to contract COVID-19.

To sue for personal injury over a case of catching COVID-19 from someone, you would have to prove unequivocally that the defendant gave the plaintiff COVID-19. This fact would be difficult to prove given the high contagion rate of COVID-19.

Criminal: While it is unlikely that a person would face criminal charges if they were accused of infecting one or more people with COVID-19, there are other criminal charges that could be a consequence of not following COVID-19 guidelines.

State and local ordinances gave local governments the power to arrest or fine someone for violating rules related to mask-wearing, social distancing, and quarantining. People across the country faced a range of charges for failing to meet these guidelines. In June 2021, the state of Florida pardoned all Floridians accused of violating local COVID rules.

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

Could Trump (or You) Be Liable for Giving Someone COVID?

Even if the story about Trump’s updated COVID-19 testing timeline is true, It is very unlikely that he would face any civil or criminal charges. Proving liability in a case of spreading COVID-19 would be very difficult, and as of now, it isn’t clear he broke any local or state ordinances.

It is unlikely that you will face civil or criminal charges related to your actions if you spread COVID-19. But, as we have seen with COVID-19, things are always changing. If you or someone you know is facing legal charges, civil or criminal, related to COVID-19, talk to a defense attorney right away. Know your rights and get an attorney who can guide you through the process and to the best possible outcome.

Get help today by contacting TJ Grimaldi. With experience in both civil and criminal matters, TJ can help you navigate any charges against you. Get advice today. Schedule your consultation or call 813-226-1023 to talk to TJ.

Electric scooters can be found across many major cities. Companies like Lime, Spin, and HOPR place scooters around cities so pedestrians can catch a quick ride. But, most people who hop on an electric scooter probably never think the ride could lead them to manslaughter charges.

But, that’s precisely what happened to a 22-year-old after he collided with a 77-year-old bicyclist.

The Electric Scooter Accident That Led to Manslaughter Charges

Tyer Andrew Brady, 22, was riding an electric scooter on Tuesday, November 9th in St. Petersburg, Florida.  As he was crossing an intersection, he reportedly hit a speed of 17-18 mph.

At the same time, Alvera Minutello, a 77-year-old St. Petersburg woman who liked to bike and swim, was coming toward Brady on a bicycle.

The two collided head-on. Brady was not injured, but Minutello died from her injuries.

What seemed like a tragic accident led to criminal charges after it became apparent that Brady may have been able to avoid the accident but failed to act. Police said Brady saw Minutello from about 80 feet away, but he did not attempt to slow down or move. Brady didn’t swerve to get out of the way even though there was room to do so.

Brady initially said that he didn’t intend on hitting Minutello. But after being read his rights, he changed his story. The Tampa Bay Times reported that his arrest affidavit said, “he drove straight into her and did not take any action to avoid hitting her or minimize the effects of the collision.”

Brady was arrested and charged with manslaughter via culpable negligence.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

What Are the Consequences of Manslaughter?

Manslaughter is defined under Florida Statute 782.07. It is a criminal charge that differs from murder. Murder charges refer to cases that show premeditation. A person plans to kill another person.

Manslaughter charges refer to cases that lack premeditation. A person kills another person without malice aforethought. They didn’t have a specific plan to kill the person.

In cases of manslaughter, a victim dies because of one of the following situations.

• The defendant intentionally completed an act that led to the death of another person.
• The defendant persuaded or encouraged another person to complete an act that led to that person’s death.
• The defendant was culpably negligent which led to the death of another person.

The scooter accident falls into the category of culpable negligence. It is an involuntary manslaughter charge wherein Brady is said to have acted recklessly which led to the death of another person.

Under the charge of manslaughter via culpable negligence, Brady faces serious consequences. It is a second-degree felony that can result in 15 years in prison, 15 years of probation, and up to a $10,000 fine.

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

Could The Accident Lead to Civil Charges, Too?

What happened at a St. Petersburg intersection was a tragic accident. Now, the legal system will try to determine if the accident could have been prevented. If they find that Brady acted with disregard for the lives around him, he could find himself in jail for up to 15 years.

Brady could potentially find himself facing charges in civil court as well.

This situation could qualify as a wrongful death case. A wrongful death case can be filed if someone dies as the result of the negligence of another person or business. If Brady admitted he didn’t take any action to avoid hitting Minutello, he may also find himself facing a civil personal injury lawsuit as well.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

Get Legal Help for Criminal and Civil Cases

If you find yourself on either side of a tragic accident, make sure you have an attorney that can fight for your best interests. Both criminal defense attorneys and personal injury attorneys can offer legal advice and guidance in the aftermath of an accident. When possible, choose an attorney who has experience in both types of law.

TJ Grimaldi has experience fighting for clients in both civil and criminal matters. If you need legal assistance to guide you through the wake of an accident, contact our office today to discuss the details of your situation. Request your consultation or call 813-226-1023 today.

It was a shocking scene. While on a job site in Polk County, Florida, 22-year-old Nelson Carpio Garcia grabbed a box cutter and attacked his coworker. After the stabbing, Garcia ran away but was quickly captured by police who realized Gracia was in the country illegally.

So, what happens to him now?

A Shocking Scene in Polk County

As reported by NBC WFLA, Garcia and his coworkers were working on building a house in an unincorporated part of Davenport, Florida when trouble ensued.

An argument started between Garcia and another coworker. It is reported that it was over Garcia drinking on the job. The argument escalated, and Garcia grabbed a box cutter which he used to slash the victim in the neck and multiple times in the chest.

After the assault, Garcia ran away. The Polk County Sheriff’s Office K9 and aviation team responded to the scene to search for Garcia. When they found him, he admitted to stabbing the man, and he still had the box cutter on him.

The victim was flown to a nearby hospital where he was treated and released. He is expected to make a full recovery.

When Garcia was arrested, it was discovered that he is an undocumented immigrant, and he was charged with first-degree attempted murder.

Garcia Charged with First-Degree Attempted Murder

In Florida, first-degree attempted murder is covered under Florida Statutes 777.04 and 782.04. By definition, it is a crime wherein the accused tried but failed to kill another person.

For the accused to be convicted of first-degree murder, the prosecution must prove three things.

1. There was intent to kill.
2. The accused thought about how to kill the person.
3. The accused would have killed the person if they hadn’t been stopped.

First-degree attempted murder is a serious charge. In Florida, punishment for attempted first-degree murder is life in prison without parole or potentially, the death penalty.

A criminal defense attorney may try to bring Garcia’s charges down to attempted second-degree murder. Second-degree attempted murder is a charge sometimes referred to as a “crime of passion” as it refers to when someone did not plan out the act to kill someone in advance. It carries the sentencing of up to 15 years in prison.

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

How Will Garcia’s Immigration Status Affect His Case?

Right now, it’s unknown how long Garcia has been in the United States or how he entered the country.

Garcia was arrested in August of 2020 for not having a valid driver’s license. At that time, authorities realized Garcia was in the country illegally, and they notified the US Immigration and Customs Enforcement (ICE). Polk County Sheriff, Grady Judd says ICE picked up Garcia after he was booked in the Polk County Jail at that time. It appears as though nothing has changed with his immigration status since then.

With Garcia being here illegally, a few things could happen.

The most likely scenario is that he will remain in custody and face charges here in the US. If he is found guilty, he would remain in the US to serve his sentencing. If he were released at any point, he would likely be deported.

If he is found not guilty, he would also likely be deported.

Garcia’s crime falls into the category of moral turpitude. It was a crime that harmed someone. Typically when an undocumented person commits a crime in the US that is said to involve moral turpitude, they are deportable the minute they commit the offense, even if found not guilty.

Regardless of what happens in Garcia’s case, it is likely that he will either find himself in jail or be deported out of the US.

Related: Do You Need a Lawyer to Get a Green Card?

Get Help with Immigration and Criminal Law

Garcia’s case is disturbing, and he will face criminal charges regardless of being in the US legally or illegally. But for others, having undocumented status can create a lot of problems even if they don’t break any laws.

It’s extremely important to go through the correct processes to get legal status to live and work in the US. If you have any questions about gaining legal immigration status in the US, TJ Grimaldi is here to help. TJ is an immigration attorney who works with a flat-rate fee to provide a predictable pathway to gaining legal status.

TJ Grimaldi is also a criminal defense attorney who can help you if you find yourself involved in a criminal issue. Get an attorney who will stand by your side. Talk to TJ today. Request your consultation or call 813-226-1023.

After 13 years under a strict conservatorship controlled by her father, Britney Spears is one step closer to making decisions for herself. She may finally get to take control over her health, her finances, and decisions such as whether or not she can have more children.

How did a world-famous pop star end up under her father’s control, and how did she finally break free?

What Led to Britney Spears’ Conservatorship

In 2007 and 2008, Ms. Spears experienced a very public series of personal issues. Under the pressure of experiencing fame at a young age, the back-to-back births of two children, a divorce, intense public scrutiny, and the constant presence of paparazzi, Ms. Spears began to show signs of a person who was struggling.

Her behavior was erratic. She walked into a salon and shaved her own head. She drove with her infant son in her lap. She hit a photographer’s car with an umbrella.

Ms. Spears was hospitalized twice for mental health evaluations.

It was around this time, in 2008, when her father, Jaime Spears petitioned the court for an emergency temporary conservatorship.

The “temporary” conservatorship was granted, giving Mr. Spears control over Ms. Spears’ estate and health. The order remained in place for thirteen years.

What’s a Conservatorship?

A few months ago, we broke down the definition of a conservatorship and guardianship on this blog.

Ms. Spear’s case is in California and abides by their laws on conservatorships. In Florida, her case would likely qualify as a guardianship issue. Both issues are similar in that they involve one or more conservators or guardians who take legal responsibility for someone who has been deemed incapable of caring for themselves or their property on their own.

There are two types of conservators and guardians: one type manages personal and health issues of the conservatee and another manages the financial assets of the conservatee.

Ms. Spears had both types of conservators. Her personal life and her financial life were controlled by conservators. Her father acted in both roles.

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

Britney Spears Starts Her Fight Against the Conservatorship

For years, Mr. Spears had control over Ms. Spears’ life. Court records show that he controlled things from the color of her kitchen cabinets to who she dated and whether or not she could have more children.

While the conservatorship remained in place, Ms. Spears continued to work. She put out albums, starred in a four-year Las Vegas residency, and was a judge on The X Factor.

But, she was still unable to control decisions about her personal and financial life.

It’s reported that Ms. Spears was unhappy with the details of her conservatorship for years, but it wasn’t until the #FreeBritney movement and a documentary, Framing Briteny Spears, gained media attention that she finally got to share some of her story.

In April 2021, Ms. Spears requested to speak in court. It was the first time that she would voice her opinion about the conservatorship, and the details she released were jarring. On June 23, Ms. Spears spoke before a Los Angeles judge and called the conservatorship “abusive.”

“I just want my life back. It’s been 13 years and it’s enough,” Ms. Spears said.

“I was told right now in the conservatorship, I’m not able to get married or have a baby. I have an I[U]D inside of myself right now so I don’t get pregnant. I wanted to take the IUD out so I could start trying to have another baby, but this so-called team won’t let me go to the doctor to take it out because they don’t want me to have children,” she shared in her statement.

This was the tipping point that helped Ms. Spears earn a bit of her freedom.

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

Is Britney Spears Free Yet?

Ms. Spears had two conservators, one to oversee her personal affairs and one to oversee her finances. Her father had originally served in both roles, but in 2019, he stepped down as the guardian of Ms. Spear’s personal affairs. The June 2021 court appearance was an attempt to remove Mr. Spears from maintaining control of Ms. Spear’s financial affairs.

After Ms. Spears’ testimony, the judge didn’t immediately end Mr. Spears’ conservatorship role. But the testimony did set off a series of events that may lead to Ms. Spears gaining full control of her life.

As reported by The New York Times, in September, a judge granted a petition by Ms. Spears’ lawyer, suspending Mr. Spears from his position as overseer of his daughter’s $60 million estate. A California accountant, John Zabel, was named as the temporary conservator of the singer’s finances, as requested by Ms. Spears’ team.

Ms. Spears is still under a conservatorship, but it is no longer managed by her father. Now, Ms. Spears’ team is seeking to have the conservatorship removed altogether.

Britney Spears isn’t fully free yet, but it looks like her conservatorship may come to an end at a hearing scheduled for November.

Working with an Attorney You Can Trust

The legal systems can be challenging. If you are involved in a legal matter — whether it is a family law issue or you are arrested for a crime — make sure you have an attorney who will fight for you.

Schedule a free call with TJ Grimaldi to see how he can stand up for you and ensure that you get just and fair treatment through every phase of the legal process. Request your consultation or call 813-226-1023.

Robert DuBoise did what was asked of him. When he was 18 years old, police asked him to submit a mold of his teeth. At the time, he had no idea the mold would tie him to a murder and lead him to death row.

For 37 years, DuBoise sat in prison falsely convicted while evidence that would eventually exonerate him was locked away in a filing cabinet.

How did bad evidence lead DuBoise to a wrongful conviction, and what does his recent exoneration mean for DuBoise and those who locked him away?

What Led to DuBoise’s Wrongful Conviction?

In 1985, Robert DuBoise was sentenced to death by Judge Harry Lee Coe III for the crime of sexual assault and murder of a 19-year-old woman.

The conviction was based on two pieces of evidence, according to The Innocence Project.

The first was a bite mark that appeared on the victim. The detectives on the case consulted with odontologist, Dr. Richard Souviron who told them to begin collecting bite mark impressions from suspects.

DuBoise was considered a suspect after he was identified by a local resident as someone who had “caused problems.” DuBoise, who had no record of violent crime, was asked to submit a mold of his teeth. He fully cooperated with police. Dr. Souviron said it was a match, and DuBoise was taken into custody.

The next piece of evidence came after DuBoise was arrested. A jailhouse informant said DuBoise confessed while he was in Hillsborough County Jail awaiting trial.

The state presented a story that DuBoise, along with his brother and a friend, sexually assaulted and then killed the 19-year-old victim. DuBoise’s brother and friend were never charged for the crime. DuBoise was convicted, and although the jury recommended life in prison, the judge sentenced him to death. (In 1988, the death sentence was vacated and replaced with life in prison.)

Related: 6 Signs You Need a New Attorney

What Was Wrong with the Evidence?

DuBoise maintained his innocence for years, and it took him until 2006 to take the first step toward exoneration.

He discovered that there might be evidence that wasn’t used during the trial, and he filed a motion for post-conviction DNA testing. But it did little to move the case forward. According to The Innocence Project, in 2008, a judge said additional testing of evidence was unnecessary.

It wasn’t until ten years later, in 2018, when The Innocence Project began looking closely into the case that the bad evidence — and lack of evidence — was fully brought to light.

1. An attorney discovered that the rape kit sample in DuBoise’s trial had never been used. The Innocence Project submitted the sample for testing and discovered that DuBoise’s DNA was not present — and there was genetic evidence from two other men.
2. It was revealed that the jailhouse informant had received benefits in exchange for his testimony. He was facing a life sentence for criminal charges including kidnapping, armed robbery, and battery on a law enforcement officer, but he was given a plea deal for a sentence of five years after sharing his testimony against DuBoise.
3. Another forensic odontologist reviewed the bite mark and found that the original report which said the bite marks matched DuBoise was unsupported by science. It was concluded that the injury wasn’t even a bite mark.

Based on this new evidence, a judge vacated DuBoise’s conviction. He was released after serving 37 years for a crime he didn’t commit.

Related: Get Good Legal Representation by Asking This One Question

Seeking Justice for DuBoise

DuBoise unnecessarily served 37 years in prison, and now he wants justice.

DuBoise is suing the City of Tampa, three detectives who were on his case, and the forensic odontologist, Dr. Richard R. Souviron. According to WFLA in Tampa, “The complaint filed by DuBoise’s legal team alleges that Tampa detectives and Dr. Souviron fabricated evidence and conspired to secure his wrongful conviction.”

There are also two lawmakers attempting to right the injustice. Two bills have been filed that could help DuBoise. Jeff Brandes, R-St. Petersburg, and Rep. Andrew Learned, D-Brandon filed similar bills that could leave DuBoise with $1.85 million, which is equivalent to $50,000 for each year he spent in prison.

Regardless of how much money DuBoise gets or what comes out of his civil case, DuBoise will never be able to get back the 37 years he spent behind bars for a crime he didn’t commit.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Strong Legal Representation Matters

Justice was not served in the DuBoise case. It wasn’t served for the victim, and it took too long for it to arrive for DuBoise. This case highlights how important it is to have an attorney by your side who will fight for your best interest from day one.

If you are accused of or arrested for a crime, do not take action until you speak with an experienced criminal defense attorney who can ensure that your rights are not violated during the legal process. And, if you feel like your attorney isn’t doing a good enough job of fighting for you, get a new one. It is within your rights to change attorneys during a case.

Don’t let bad evidence stop you from getting justice. Talk to experienced criminal defense attorney TJ Grimaldi today. Request your free consultation or call 813-226-1023 today.