Anyone who finds themself in legal trouble might be worried about fines, probation, or jail time. They probably wouldn’t expect a judge to sentence them to watching a television show. But, that’s what happened in one Florida case… kind of.

The Inciting Incident

Early in the morning, while it was still dark, Luis Orlando Santos Santiago, 56, was leaving his home in Seffner, Florida, when he saw a Black teenager on a bicycle with a backpack.

Santiago pulled up to the teenager and began questioning him about what he was doing in the neighborhood. The man asked the teen to give him his exact address, which he did, but it wasn’t enough for Santiago.

Santiago started filming the teen, stepped out of the car, and called 911 to report that he had caught someone breaking into cars.

The video and the recording of the call both show that Santiago was convinced the teen was committing a crime, while having no proof. As reported by Tampa Bay Time, Santiago is heard saying, “I got it on video.” After the teen says something in the background, Santiago says to him, “Because you can’t be breaking into people’s places. We got you on video. So relax. Relax.”

The teen was neither relaxed nor committing a crime.

False Accusations Lead to False Imprisonment

The teen, who hasn’t been identified by name, was on his way to athletic practice. His backpack held a basketball, gym shoes, and jump rope.

There was no evidence that he had been breaking into cars. The neighborhood had no reports of crimes that day. In fact, there had been no reports of crime in that neighborhood in the first half of 2020.

Knowing that he was innocent wasn’t enough to make the teen feel safe. Police said the teen had his hands raised and was hyperventilating when they arrived. The teen told officers he thought Santiago had a gun because the man kept putting his hand near his pocket.

In a statement later released by the teen’s mother, she explains how stressful the situation was for her son.

“As an African American mother, we have to have difficult conversations with our Black sons, about defusing situations, about keeping your hands up if you are stopped, and complying even if you did nothing wrong,” the statement read.

Related: 7 Years Later, Movie Theater “Stand Your Ground” Case Still Waiting for Trial 

The Consequences of False Imprisonment Charges

Santiago thought he was going to get the teen in legal trouble, and instead, found himself with a charge of his own.

Santiago was arrested and charged with false imprisonment.

In Florida, “false imprisonment” is defined by Florida Statute 787.02 as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.”

It carries a possible penalty of up to five years in prison, five years probation, and $5,000 in fines.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

The Details of Santiago’s Plea Deal

In the end, Santiago made a plea deal with prosecutors. He pleaded guilty to a single charge of assault with prejudice, a lesser charge than false imprisonment.

As part of the plea deal, the Tampa Bay Times reported that Santiago:

  • Must complete an anger management and implicit bias course
  • Write an apology letter to the teen
  • Complete 25 hours of community service — which can include watching the Netflix documentary, 13th.

Hillsborough Circuit, Judge Lyann Goudie, saw this incident as a case of racial profiling, which is why she encouraged Santiago to use some of his community service time watching the Netflix documentary, 13th.

Watching a Movie as Part of Sentencing?

13th is a 2016 documentary that explores the intersection of race, justice, and mass incarceration in the United States. Goudie thinks Santiago has something to learn from the movie.

“It is a very enlightening view of the Black experience in the United States of America,” Goudie said. “Unfortunately for Black people, this is a common occurrence. Which is why everyone is protesting. Rightfully so.”

While Goudie urged Santiago to watch the documentary, she didn’t sentence him to watching it. 

He can choose to watch it to earn community service hours or choose to do a different activity.

It’s not clear whether or not Santiago will watch the documentary as his attorney insists that the incident wasn’t a case of racial profiling.

The teen mother sees it differently. In her statement, she says, “This is absurd, but unfortunately necessary in our community. I hope people hear this and change the narrative of judging young Black men. My son is an intelligent, well-respected college athlete with a bright future ahead of him.”

Understanding the Potential Legal Consequences of a Criminal Case

If you have questions about possible sentencing in a criminal case, talk to an attorney right away. A criminal defense attorney can help you understand what potential consequences you face and work with you to ensure that there is a fair and just outcome.

Get legal advice for your case today. Talk to TJ Grimaldi. Schedule or call 813-226-1023 today.

Back in 2002, when Kelly Clarkson was making her television debut as an unknown contestant on American Idol, it probably would have shocked her to know that in her lifetime, she would make more than $200,000 per month — let alone be legally required to pay $200,000 per month.

But, that is the situation the singer has found herself in after a judge ordered her to pay close to $200,000 per month to her soon-to-be ex-husband.

How did Clarkson end up with this monthly payment? And, will she have to make these payments forever?

How Clarkson’s Impending Divorce Led to $200,000 Monthly Payments

In June 2020, Clarkson filed for divorce from her husband of seven years, Brandon Blackstock. The couple has been battling out the terms of their divorce ever since.

The most recent updates to the case include a judge’s order, made in July 2021, for Clarkson to make payments to Blackstock for close to $200,000 per month. 

Of that sum, $150,000 is to cover spousal support. Another $45,601 is for child support, as reported by PEOPLE. Clarkson and Blackstock have two children, ages seven and five. The order also required Clarkson to pay $1.25 million to cover Blackstock’s attorney’s fee. Not including the attorney’s fees, the total payments come out to roughly $2.4 million per year. 

This is less money than Blackstock is said to have sought from Clarkson. PEOPLE also reported that Blackstock was seeking $436,000 per month.

Both numbers may seem high, but court documents reveal that Clarkson earns $1.5 million per month, which is likely what was used to determine the sums.

Related: How Did Lamar Odom End Up Owing $380K in Child Support? 

Determining Child Support and Alimony Payments

Clarkson’s high monthly income is why both the alimony and child support payments are high. The divorce case is being litigated in California so it abides by the laws and rules of that state.

In Florida, there are formulas and standards that are used to determine both fair child support and alimony payments.

For child support, Florida follows an “Income Share Model” when determining payments, which is defined in Florida Statute 61.30. It considers the amount of money that would have been spent on the children if the couple stayed together and divides the amount between the two parents based on income.

While Clarkson has primary physical custody of the kids, her high income likely factored into her high child support payments.

The formula for alimony isn’t as clear in Florida. There are many factors that show “need and ability” which a court uses to decide on a sum. The factors include:

  • Standard of living established during the marriage
  • Length of marriage
  • The financial assets and income of each spouse
  • The earning capabilities of each spouse
  • Time necessary for each spouse to be able to find appropriate employment

With Clarkson’s reported monthly income of $1.5 million, the sum of $200,000 per month doesn’t seem so high. And, luckily for Clarkson, she will not be required to make these payments forever.

Related: How Much Does a Divorce Cost in Florida?

Clarkson’s Temporary Alimony Order

Clarkson and Blackstock have been in their divorce battle since June of 2020, but it might be coming to an end soon — and so may the alimony payments.

The recent order for alimony and child support is a temporary order that lasts until their divorce is finalized. 

The actual amount may change when the divorce is over, and the divorce just got one step closer to ending.

Recently, a judge upheld Clarkson and Blackstock’s prenup. Blackstock has been contesting the prenup that gave Clarkson all of the assets and income she acquired during their marriage. Blackstock was fighting to split their accumulated properties, but a judge denied his request.

This decision takes the divorce one step closer to being finalized. The couple will still need to determine a final amount for alimony and child support payments. It is expected that the child support payment of $50,000 per month will remain in place, but that the alimony payment will be cut to a smaller monthly sum.

Clarkson seems eager to make their separation legal. She has asked a judge to sign off on the divorce, declare her legally single, and restore her maiden name.

Related: The 9 Things Not To Do During a Divorce Case

Get Help with Alimony and Child Support

Determining alimony and child support can be a contentious issue. If you are going through a divorce or relationship split, make sure you have a family law attorney or divorce attorney who will fight to ensure that you get a fair outcome that works for you and your family.

Talk to someone today. Contact TJ Grimaldi to see how he can help you navigate the complexities of alimony and child support agreements. Schedule your free consultation or call 813-226-1023.

Andy Dick is most well-known for his comedy roles, but he is gaining notoriety in another way. His long list of legal troubles is becoming more tied to his name than his stand-up shows and movies. Most recently, Dick made headlines when he was arrested for assault with a deadly weapon.

What happened to lead to this recent charge, and what potential consequences can you expect from an assault charge like this?

The Details of Andy Dick’s Assault Charge

On June 26, 2021, Dick was arrested in Hollywood for felony assault with a deadly weapon.

It is reported by Page Six that Dick got into a physical altercation with Lucas Crawford, a man who is said to have had an intimate relationship with Dick. The two men were joking around, play-fighting when it turned serious.

Dick claims that Crawford body-slammed him, broke his femur and ankle, and caused damage to his tendons and ligaments. At that time, Dick says he responded in self-defense by grabbing a metal chair, throwing it in Crawford’s direction, and hitting him.

Crawford was taken to Cedars-Sinai hospital, and Dick was later arrested.

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

Dick’s Troubled Past

This recent incident is added to a list of legal troubles and bad behavior from Dick.

Dick, who has publicly battled with sobriety, has had run-ins with the law that include drug possession, indecent exposure, and multiple sexual assault and groping charges. While a few charges were dropped or dismissed, a drug charge resulted in three years probation, and a sexual assault charge led to a civil suit resulting in unspecified damages awarded to the victims.

As of now, the recent assault charge has left Dick with a $50,000 bail which was paid, and Dick was released from jail.

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

The Consequences of Assault and Battery Charges

The assault incident involving Dick took place in Hollywood and will abide by California law. The consequences will be based on statutes outlined in California laws.

In Florida, the rules on assault and battery are outlined in Chapter 784.

Assault is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” It is considered a misdemeanor of the second degree and can result in:

  • Probation up to sixty days
  • Fines up to $500
  • Up to sixty days in jail

Aggravated assault is defined as assault that includes the use of a deadly weapon without the intent to kill or with an intent to commit a felony. It is a felony of the third degree and can result in:

  • Probation up to five years
  • Fines up to $5,000
  • Up to five years in prison

Battery is defined as when a person “actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.” It is considered a misdemeanor of the first degree and can result in:

  • Probation up to one year
  • Fines up to $1,000
  • Up to a year in prison

If Dick’s incident had happened in Florida, he could be facing an aggravated assault charge, as it was deemed that he used a deadly weapon against Crawford. Dick may have also been charged with battery as he seemed to intentionally cause bodily harm to another person.

At this time, Dick’s charges stand with a felony assault with a deadly weapon in the California court system.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Get a Criminal Defense Attorney for Assault and Battery Charges

Assault and battery charges are serious. They can result in fines, probation, and jail time. If you or someone you know has been arrested for or accused of assault and battery, talk to a criminal defense attorney right away.

An experienced attorney can guide you through a misdemeanor or felony charge to ensure that your case is processed fairly and that you reach a just outcome. Act quickly to protect yourself, especially if you feel you have been unjustly charged.

Get help today. Contact criminal defense attorney, TJ Grimaldi. Schedule your free consultation or call 813-226-1023.

Former NBA player Lamar Odom recently ended up in the news for two reasons. He took on Aaron Carter in a celebrity boxing match, reportedly bringing in a $40,000 paycheck, and he was ordered to pay more than $380,000 in child support to the mother of his two adult children.

So, how did Odom end up owing so much in child support for his two grown children?

Odom’s Child Support Agreement

It may seem surprising that Odom owes so much in child support for two grown children. Destiny Odom is 23, and Lamar Odom Jr. is 19. But, the details of the situation explain why he was ordered to pay such a large sum to the mother of his children.

In May 2021, Liza Morales sued Odom for failing to pay child support. She alleged that he hadn’t paid support since June 2020. 

Morales’ lawyers said Odom owed $91,000 in child support and that he was behind on paying for college costs and rent for the apartment Morales shared with the children in Lower Manhattan. Morales claimed the lack of funds put her in a position where she owed $83,000 in rent and was facing eviction.

Odom is required to make child support payments to Morales as part of an original agreement made in 2015. At that time, it was agreed that Odom would pay roughly $6,000 a month in child support, along with the children’s college fees and a premium for a $9 million life insurance plan, according to Page Six.

The agreement wasn’t a spousal support agreement. Odom was never married to Morales. The agreement was a child support agreement.

The agreement stated that Odom would pay support until his youngest child graduated from college. Both of Odom’s kids are over the age of 18, but he is still required to make his support payments.

At the hearing, Morales pointed out that Odom has the money to pay. She claims he has an NBA pension and a financial stake in a CBD company, and he just was paid $40,000 for participating in the celebrity boxing match against Aaron Carter.

After the virtual hearing in Manhattan, Supreme Court Judge Matthew Cooper agreed that Odom needed to pay.

He ordered Odom to pay Morales $380,549 for child support, back rent, college costs, and her legal fees, according to a new report by Page Six. The judge also ordered Odom to fund a life insurance policy worth $1 million and name his ex as the beneficiary.

Related: Types of Child Custody and What They Mean for Your Family 

Understanding How Child Support Works

Odom is legally bound by his child support agreement and is therefore required to make payments. Odom’s family law matter was held in the New York state court system and must abide by the laws of that state.

In Florida, the situation would have likely ended in the same result.

When it comes to child support, Florida follows an “Income Share Model” when determining how much child support a parent must pay. It is defined in Florida Statute 61.30.

  • The court considers how much money the parents would have spent on the children if they had remained married.
  • They divide the amount between the two parents based on income.
  • The court may set the amount 5% above or 5% under the amount determined through this formula.
  • If the court wants to set an amount that is more than 5% above or less than 5% lower, they must submit a written finding that explains why.

In Florida, if Odom had the funds to pay the amount determined by the Income Share Model, he would be required to pay.

Some child support cases are closed once children turn 18. But in the Odom case, his agreement stated that he would pay until both children graduated from college. He is required by law to make the child support payments.

Related: The Legal Implications of Kim Kardashian and Kanye West’s Divorce 

Get Support for Your Child Support Claims

The most important part of a child support case is the children. It’s important that they have what they need to be safe and cared for.

If you are dealing with a child support case and want to ensure that your children get what they deserve, talk to an experienced family law attorney who can help you navigate child support and custody agreements.

Get family law advice today. Schedule a free consultation with TJ Grimaldi. See how TJ and his team can help you and your family get what you deserve. Schedule your free consultation or call 813-226-1023 today.

Jared Drake Bell is known to many families and kids as one half of the “Drake & Josh” duo from the hit Nickelodeon show which began airing in 2004. Drake Bell was known for entertaining kids. Now, he may be known for endangering them.

The now 35-year-old actor recently plead guilty to felony attempted child endangerment and a misdemeanor charge of disseminating matter harmful to juveniles.

How did Bell go from entertaining kids to endangering them, and what does that mean for his future as a free man?

The Case Against Drake Bell

In October 2018, a 15-year-old girl contacted police in Toronto, Canada to report an incident that happened between her and Bell in December 2017.

The victim, who is now 19-years-old, told investigators that she and Bell had engaged in sexual conduct at a concert venue in Cleveland, Ohio. She told investigators she had a relationship with Bell that started when she was just 12. She believed Bell had been “grooming” her since she was a child, keeping in touch with her until eventually sharing explicit photos and becoming “blatantly sexual” with her after she turned 15.

The information that Toronto investigators uncovered led them to forward their findings to the Cuyahoga County Prosecutor’s Office in Cleveland, Ohio.

Under that jurisdiction, Bell, who is a California resident, was eventually charged for the incident occurring at the Cleveland concert. He was charged with felony attempted child endangerment and a misdemeanor charge of disseminating matter harmful to juveniles.

Drake Bell’s Changing Pleas

Bell originally pleaded not guilty to the charges. His attorney Ian Friedman disputed the girl’s claims that Bell sent her explicit photos and engaged in sexual conduct with her. Bell seemed to want to fight the charges with Friedman stating, “All facts will be revealed in a courtroom.”

But, Bell eventually changed his plea.

Bell plead guilty to felony attempted child endangerment and a misdemeanor charge of disseminating matter harmful to juveniles.

“I accept this plea because my conduct was wrong,” Bell said. “I’m sorry the victim was harmed. It was not my intention. I have taken this matter very, very seriously, and again I just want to apologize to her and anyone else who may have been affected by my actions.”

Related: What You Should Expect from Your Attorney in Every Case

What Consequences Does Bell Face?

Bell’s case was held in the Ohio court system. Under Ohio law, child endangerment can come with a range of penalties. Depending on the severity of the charges, penalties can range from a few months to a few years in prison as well as resulting in community service hours, fines, and probation.

But, Bell will face no prison time.

He was sentenced in Cuyahoga County Common Pleas Court by Judge Timothy McCormick to two years probation, 200 hours of community service, and have no contact with the victim.

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

Taking a Plea Deal But Not Accepting Full Responsibility

While Bell may have faced less serious consequences by admitting fault and acknowledging some wrong-doing, his attorney continued to state that the charges weren’t warranted.

In a statement to NBC News, Friedman said, “The victim’s allegations that went beyond that which all parties agreed, not only lack supporting evidence but are contradicted by the facts learned through extensive investigation. As the court made clear, this plea was never about sexual misconduct or sexual relations with any person, let alone a minor.”

Regardless of what Friendman said after the hearing, Bell admitted to wrong-doing by making his guilty plea and will face the consequences laid out by the judge.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

How Serious Are Child Endangerment Charges?

In Bell’s case, it was said that he “violated his duty of care” for the young fan.

Child endangerment laws punish behavior that can endanger a child’s life, health, or emotional well-being. They refer to a range of activities that put a person under the age of 18 at risk. Child endangerment charges can relate to activities such as:

  • Driving a car while intoxicated with a child in the vehicle
  • Exposing a child to drug transactions
  • Failing to secure a child in a car seat properly
  • Having unsecured firearms near a child
  • Leaving a child without supervision

There does not need to be intent in child endangerment cases. If a child is harmed or could have been harmed by the adult’s actions, the adult can face legal consequences. Child endangerment is a serious charge and can lead to serious consequences. If you have any questions about a criminal case, talk to an experienced defense attorney who can help you understand the full scope of the charges and potential outcomes.

Get answers and advice from an experienced criminal defense attorney. Schedule a free consultation with T.J. Grimaldi. Request your free consultation or call 813-226-1023.

Many people were confused on June 30, 2021, when Bill Cosby walked out of prison a free man. After dozens of allegations of sexual assault and a guilty verdict, it seemed impossible that Cosby would be able to leave prison so fast. What happened?

What Was Cosby Convicted Of?

Cosby was one of the most visible men accused of sexual misconduct and assault during the early days of the #MeToo movement. More than 45 women have come out to talk about their experiences with Cosby.

While dozens of women publicly shared their harrowing stories — many of them accusing Cosby of drugging and raping them — only one case led to criminal charges and a guilty verdict.

Andrea Constand accused Cosby of coming to her home in 2004 and drugging and sexually assaulting her. During the trial, five other accusers testified that they had similar experiences with Cosby.

Cosby denied all allegations and maintained his innocence, but the courts sided with Constand.

In September 2018, Cosby was convicted of drugging and sexually assaulting Constand. Cosby was fined $25,000, required to cover the costs of the prosecution (at least $43,000), and sentenced to three to ten years in state prison.

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

Why Did Cosby Get Released Early?

So, why did Cosby walk free less than three years from the date of his conviction?

Cosby wasn’t released early due to serving his time. While Cosby was coming up on three years of his three to ten-year sentence, he wasn’t released due to serving his time.

Cosby wasn’t released early due to parole or good behavior. Cosby had an opportunity to participate in a sex offender program that could have helped reduce his time in prison. Cosby refused to participate in the program, reportedly saying it would require him to admit wrongdoing, and he wasn’t willing to do that even if it meant serving the full ten years.

Cosby was released because his conviction was thrown out of the court. Pennsylvania’s highest court ruled that Cosby should have never been charged in this case.

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

Why Was Cosby’s Case Thrown Out?

In 2005, the district attorney of Montgomery County, Pennsylvania, Bruce L. Castor Jr. released a press release stating that he was not going to charge Cosby in the criminal matter related to Constand.

Constand pursued a civil case against Cosby. In that matter, Cosby sat for depositions, at which he admitted that in the past he had given quaaludes to women in an effort to have sex with them, as reported by the New York Times.

The civil case led to Cosby paying a $3.38 million settlement to Constand. The civil matter ended there, but the criminal matter did not.

A new district attorney in Montgomery County, Kevin R. Steele decided to reverse the previous district attorney’s decision. Steele proceeded with charging Cosby in criminal court in the Constant matter. The deposition Cosby gave in the Constand civil case was used during the criminal proceedings.

These are the details that led to Cosby’s early release.

Cosby’s criminal defense team argued to the Pennsylvania Supreme Court that Cosby’s rights had been violated. The district attorney’s office promised not to charge him, then eventually did charge him and used testimony that Cosby gave when he believed he could not be criminally charged.

The Pennsylvania Supreme Court agreed with Cosby’s defense team.

“We hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced,” wrote Justice David Norman Wecht.

With that ruling, the criminal case against Cosby was dropped, his sentence was vacated, and he was released from prison.

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

What Happens Next?

There will be no new trial. The ruling includes language that makes it impossible for the district attorney to bring new criminal charges against Cosby in the Constand matter.

Prosecutors could appeal the decision and ask the U.S. Supreme Court to review the case and overturn the Pennsylvania Supreme Court’s decision. It’s not clear whether prosecutors will pursue this option.

This ruling doesn’t impact other cases that could be brought against Cosby.

The immunity from the recent ruling only applies to the Constand matter, and charges related to Cosby’s other accusers could still be filed and tried. Yet, due to the statute of limitations, it is unlikely that other accusers will be able to bring their cases against Cosby to criminal courts.

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

Cosby Case Highlights the Importance of Following Court Procedures and Processes

Cosby’s case reflects how important it is to have a legal team that follows legal rules and standards. A failure to follow procedures can lead to major consequences in a case. A good criminal defense attorney understands and adheres to proper legal procedures to the highest degree.

Are you in need of the advice of a highly trained and experienced criminal defense attorney? Request your free consultation with TJ Grimaldi. Request your consultation or call 813-226-1023 today.

The controversies and criminal charges against “19 Kids and Counting” star Josh Duggar have led to two canceled television series. But, will the recent charges also lead to a prison sentence? What can we expect in the trial of Josh Duggar?

What Are the Charges Against Josh Duggar?

At one time, Josh Duggar represented wholesome, middle America as the eldest child in a family of 19 living in Arkansas. Starring in the TLC reality TV show “19 Kids and Counting,” Duggar showed America what it was like to live a life filled with faith and close family ties and values. But, not anymore.

In April 2021, Duggar was arrested on charges of receiving and possessing child pornography.

Back in 2019, the Arkansas car dealership where Duggar worked was raided by Homeland Security. At the time, there wasn’t much information about the raid. Homeland Security only said it was a part of an “ongoing investigation.” It took almost two years for the results of the raid to lead to the arrest of Duggar.

A press release issued by the U.S. Attorney’s Office in the Western District of Arkansas stated that Duggar used the internet to download material that depicts the abuse of children under the age of 12. Prosecutors estimate that Duggar had more than 200 images of children on his computer.

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

A History of Bad Behavior

This isn’t the first time Duggar has made the news for bad behavior.

In May 2015, an uncovered 2006 police report revealed that Duggar had been investigated for inappropriately touching five underage girls when he was a teenager. Two of his sisters later came out as two of his victims.

A few months later, in August 2015, it was reported that the married Duggar appeared to have active accounts on Ashley Madison, a website designed to help spouses cheat on their partner.

Following both of these allegations, Duggar made a public apology on the Duggar family website and confessed to having a pornography addiction and cheating on his wife.

Duggar’s statement read, “I have been the biggest hypocrite ever. While espousing faith and family values, I have secretly over the last several years been viewing pornography on the internet and this became a secret addiction and I became unfaithful to my wife.“

Duggar faced no legal consequences for these incidents, and shortly after these reports, the TLC show “19 Kids and Counting” was canceled after airing from 2008 to 2015.

Shortly after the flagship Duggar show was cancelled, TLC launched “Counting On,” a show which continued to follow Dugger’s family and focused on his sisters. After the recent charges against the eldest Duggar, TLC also canceled the “Counting On.”

What’s The Current Status of Duggar’s Case?

Duggar was arrested for a crime, pleaded not guilty to the charges, and has been released on bond.

The father of six, with another child on the way, is said to be staying with family friends. Under the terms of his bail, he is not allowed to be around minors and can only see his children under the supervision of his wife, Anna Duggar.

He is now awaiting an upcoming trial.

The trial was scheduled for July 6 but was pushed back to November 30 at the request of Duggar’s attorneys. Duggar’s team said they need more time to get computer forensic experts to review the case evidence.

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

What Are the Potential Outcomes for the Trial of Josh Duggar?

As of now, Duggar is standing by his statement that he is not guilty. This statement means he will likely go to trial in November.

Duggar faces two counts, each coming with a potential sentence of up to 20 years of imprisonment and $250,000 in fines. When combined, the charges mean Duggar could be facing up to 40 years behind bars.

One option for Duggar is to make a plea deal to try and get a reduced sentence. If Duggar aims to make a plea deal, he will need to:

  • Admit that he understands the charges against him
  • Admit that the conduct is punishable by law
  • Give up his right to a jury trial
  • Admit that he understands the consequences and accepts his sentencing

It remains to be seen how Duggar’s criminal defense team will approach his case. With the trial extension, they may be working on creating a defense to the charges. Or, they could also be working on making a plea that will try to limit Duggar’s time in prison.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Awaiting Duggar’s Day In Court

Public cases like this are difficult. The circumstances are disturbing, and the case is often tried in the media and public opinion before a trial takes place. But, Duggar will get his day in court to have a fair trial to get to the truth and face the consequences of his actions.

Do you have questions about criminal charges? Talk to criminal defense attorney TJ Grimaldi. Request your consultation or call 813-226-1023 today.

All across the internet and even in front of California courthouses, people have been fighting to #FreeBritney. The movement to support Britney Spears as she fights to remove a conservatorship held against her goes back a few years. But the story recently gained more notoriety as Spears addressed the court on June 23, 2021, and made startling statements about the strict restrictions held against her.

In the statement, Spears revealed that she has been forced to stay on birth control and take lithium against her will, among other allegations of the trauma she experienced due to the conservatorship.

The topic of conservatorship has also been in the national conversation as a popular Netflix movie, “I Care a Lot” also addressed the dangers and ugly side of a conservatorship — something that is supposed to provide security but can be used in troubling ways.

The Netflix movie “I Care a Lot” is a fictional account. The Britney Spears story is a true story.

What do they both say about what could happen to ordinary people if faced with a conservatorship?

What Is a Conservatorship?

In California, a conservatorship is defined as a “court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.”

In Florida, conservatorship has a different definition. It is used in cases where a person disappears, and it is unknown if the person is dead or alive. A conservator is assigned to manage the properties and assets of the absentee person.

If the Britney Spears case was in Florida, it would actually be considered a guardianship case.

What Is a Guardianship?

In Florida, adult guardianship is defined as “the process by which the court finds an individual’s ability to make decisions so impaired that the court gives the right to make decisions to another person.”

Whether it is a guardianship in Florida or a conservatorship in California, both perform the same purpose, and the people in charge are often referred to as “guardians.”

Related: 6 Signs You Need a New Attorney

What Can a Guardian Do?

A probate judge assigns a guardian to take legal responsibility for someone who has been deemed incapable of caring for themselves or their property on their own.

Most of these cases involve seniors who cannot manage their personal or financial affairs due to health issues. But, in some situations, such as Spears, a guardian may be assigned to younger people experiencing mental health or physical impairments.

Guardians come in two forms. They may be responsible for managing personal affairs, ensuring that daily needs such as housing, clothing, and meals are met. They may also be responsible for financial affairs, such as managing the conservatee’s money and bills.

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

What Happened to Britney?

In 2008, Britney Spears faced a very public mental health crisis. At that time, her father, Jaime Spears became her legal guardian to protect her and her financial assets. Under a court order, he took over control of Britney Spears’ personal and financial affairs. The order was supposed to be temporary but has been extended over time.

In 2019, Jaime Spears stepped down as a guardian of Britney Spears’ personal affairs, but maintained control over her finances. Jodi Montgomery, a care professional, took over as Britney Spears’ guardian over her personal affairs.

According to reports, Britney Spears began to oppose the conservatorship in 2016. She has tried to gain more control over her money and her life. But, she has been mostly unsuccessful.

In November 2020, a judge declined to remove Jaime Spears as her financial conservatorship and instead, named the financial firm, The Bessemer Trust as a co-conservator of her estate instead. A month later, the judge extended Jaime Spears’ conservatorship until September 2021.

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What Happened in “I Care a Lot”?

The movie “I Care a Lot” tells the story of an older, wealthy, single woman who is surprised to find that her doctor has recommended that a guardian take over her personal and financial affairs.

The older woman is placed in a care facility where she is over medicated, deemed mentally unfit, and not allowed to communicate with her attorney or family members. Her guardian then moves forward with selling the woman’s assets and pocketing the profits.

While the story is fictional, it is said to be based on similar cases that have happened to real people. Stories similar to this do happen and show the ugly side of legal guardianship.

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So, What Does This Mean For You?

It is fairly unlikely that people will find themselves in a similar situation as Britany Spears or the primary character in “I Care a Lot,” but it is worth understanding your rights.

Conservators are required to follow strict guidelines and provide comprehensive accounting reports. A conservatee can also request more judicial supervision if they feel their rights are being violated. Finally, a conservatee can also ask a judge to terminate conservatorships or replace their guardians.

Britney Spears is going through the process to have the restrictions of her conservatorship removed. We will have to wait and see what happens.

If you or someone you love are in a similar situation, it is key to find an attorney you can trust to represent your interests. A trusted attorney will always be the best way to maintain your rights and get a legal outcome that is fair and just.

Related: What You Should Expect from Your Attorney in Every Case

If you have any legal questions related to family law, personal injury, or criminal defense, find an attorney you can trust. Talk to TJ Grimaldi to see how he can fight for you. Request your consultation or call 813-226-1023.

On January 6, 2021, America watched as hundreds of pro-Trump protesters descended on the Capitol building and wreacked havoc. Since then, more than 500 people have been charged with crimes for their part in what is often referred to as the Capitol Insurrection.

While few people were arrested on the day of the incident, hundreds have been charged after the event due to an overwhelming amount of news and social media footage. The camera footage from the incident and an FBI investigation have led to hundreds of arrests. The FBI is still actively working on identifying even more people who were there.

Now, people are wondering what will happen to the hundreds of people involved in the incident. Let’s look at what charges and potential outcomes await the Capitol rioters.

What Charges Do People Face?

A database by NPR lists 517 people who have been charged in the Capitol insurrection. It includes each person’s name, home state, and charges. The listed charges include a variety of crimes. Most people are charged with more than one offense and have already been arrested for their crimes.

The lesser charges include:

  • Knowingly entering or remaining in any restricted building or grounds without lawful authority
  • Disorderly and disruptive conduct in a restricted building or grounds
  • Disorderly conduct on Capitol grounds
  • Parade, demonstrate, or picket in any of the Capitol buildings
  • Theft

The more serious charges include:

  • Obstruction of justice/Congress
  • Engaging in physical violence in a restricted building or grounds
  • Physical violence on Capitol grounds
  • Obstruction of law enforcement during civil disorder
  • Commit or attempt any act to obstruct, impede or interfere with law enforcement in performance of his official duties
  • Assault, resisting, or impeding certain officers
  • Forcible assault, resist, oppose, impede, intimidate, or interfere with law enforcement
  • Assault on federal officer with dangerous weapon
  • Conspiracy to injure an officer
  • Conspiracy

The most serious charge is conspiracy, which at least 40 people are accused of, according to NPR. Another ninety-nine people are accused of committing acts of violence.


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

Where Will People Face Charges?

In the list of 517 people facing charges for their role in the insurrection, 49 people are from Florida. But, these people will not face state charges in Florida. They will face federal charges.

Because the crimes occurred on a federal property, the charges are Federal. They will be litigated in federal courts.

Can People Be Charged With Terrorism?

One charge that is exempt from the list is terrorism. While some people and politicians look at what happened and see a connection to terrorism, there is no legal ground to make a terrorism charge.

As FBI Director Christopher Wray told the Senate Judiciary Committee earlier this month, there are no federal laws against domestic terrorism. While some states have anti-terrorism laws, there is no federal law that can classify the crimes of January 6th as such.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

So, What Happens Next?

So far, no cases in the Capitol Insurrection have been brought to trial. Hundreds of people have been charged and arrested, and many have already appeared in court.

Many of the people involved with the Capitol Insurrection have pleaded not guilty. They are hiring criminal defense attorneys and making their case that they didn’t do anything wrong on January 6, 2021. Some are working with the court to create plea deals that could keep their case out of the court system and lead to a sentence reduction.

As far as potential sentencing:

  • As of May 13, 2021, 44% of defendants were charged with low-level crimes that will likely result in no jail time if it is a first-time offense.
  • Those charged with higher-level crimes may face prison time ranging from a few months up to twenty years. Violent crimes, such as assaulting a police officer, could end with eight to twenty years in prison.
  • The length of sentencing will depend heavily on the seriousness of the crime and the person’s criminal history. Those with no record will likely receive lesser sentencing.

People charged with crimes will also likely seek attorneys who can manage a high-profile case due to the newsworthiness of the case. The news has been involved since the rioters broke through the first barricade and will be following the case until its conclusion.

If you have been charged with a criminal offense, a proper defense is essential to ensure that your rights aren’t violated and that you get the best possible outcome. If you have been charged with a crime, see how TJ Grimaldi can help. Request your consultation or call 813-226-1023.

The past few weeks have brought the Tampa legal system into the national conversation as people watch the bizarre and gruesome trial of Ronnie Oneal III.

Oneal is charged with killing his girlfriend and disabled 9-year-old daughter as well as stabbing and setting his 8-year-old son on fire. Oneal has chosen to act as his own lawyer which has turned the already difficult case into a trial that is at times dramatic and bizarre.

It also highlights the problems that can arise when a defendant seeks to represent themselves in a criminal defense case.

Can You Represent Yourself in a Criminal Defense Case?

Yes, a criminal defendant has the legal right to represent herself or himself in court.

A public defender will be assigned to a defendant who cannot afford to hire a criminal defense attorney on their own, but defendants can exercise their right to self-representation and be “Pro-Se.”

Pro-Se defendants can represent themselves in a criminal defense case if they can show the Judge their decision was made knowingly, intelligently, voluntarily, and with awareness of the general dangers of self-representation. The defendant must also be deemed mentally competent in order to waive the right to counsel.

Why Could Oneil Represent Himself in Court?

Oneal had public attorneys representing him for three years. Shortly before the trial, he decided he wanted to go at it alone.

In 2018, Oneal was declared incompetent. He was removed from jail and spent time in a state hospital. But, more recent mental health exams deemed that he could proceed with the case and represent himself.

According to the Tampa Bay Times, Assistant State Attorney Ronald Gale told the Judge that “prosecutors did not believe Oneal was suffering from any severe mental illness based on available psychological reports and evaluations.”

The Judge conducted a Faretta inquiry, which included a series of questions to determine if Oneal was fit to lead his own case. Despite a bizarre exchange during the questioning, the judge approved Oneal’s request to represent himself.

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

Should You Represent Yourself in Criminal Court?

Representing yourself in court, especially criminal court where the stakes are very high, is almost always a bad decision.

In almost all cases, you should have an attorney represent you in a criminal case. 

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

The Benefits of a Defense Attorney

Having an attorney on your side during a criminal case has a variety of benefits.

An attorney protects your rights. Even in criminal cases as horrific as the Oneal case, defendants deserve the right to a fair trial. An attorney ensures that all procedures are properly followed and that a defendant’s rights are protected throughout the case.

An attorney ensures court compliance. The court system is made up of specific processes that must be followed. Failing to follow these complicated compliance rules (for things as small as filing the wrong paperwork or filing paperwork at the wrong time) can negatively affect your case.

An attorney can identify compliance failures on the other side. Both the defense and the prosecution must follow compliance rules. An attorney can catch failures to meet compliance on the other side which can help your case.

An attorney can build better arguments and negotiate plea deals. An experienced attorney knows what to expect in criminal cases. They can use their experience to create more compelling arguments. They may also have relationships that can lead to better plea deals and negotiations for lesser charges and consequences.

An attorney protects the story in high-profile cases. Cases like Oneal are often tried in the media before the results are heard in the court. It’s important to have an attorney for a high-profile case as they can stay ahead of the story in the media and ensure that the defendant’s rights are preserved and protected.

An attorney can keep emotions out of the case. It can be very difficult to keep emotions out of a case if you are defending yourself. In the Oneal case, emotions were high as Oneal cross-examined his son he is accused of setting on fire. An attorney can take the reins on a case that is often too close to the defendant.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Don’t Go at It Alone in a Defense Case

If you have been accused and charged with a criminal charge, you should seek representation rather than represent yourself. An attorney can fight for your best interest if you have been charged with:

  • DUI
  • Theft and property crimes
  • Traffic citations
  • Drug offenses
  • Sex offenses
  • Violent crimes
  • Weapons offenses

Whether you are innocent or guilty, representing yourself in criminal court is always a huge risk. Don’t take this unnecessary risk and instead, find an attorney you can trust to guide you through the process and lead you to the best possible outcome.

If you have an upcoming criminal case, contact TJ Grimaldi to get a free consultation about your case today. Request your consultation or call 813-226-1023.