Law in the News Archives - Page 16 of 16

Will Tiger Woods’ Car Accident Lead to Criminal Charges?

Most of America was shocked to see images of golf legend Tiger Woods’ damaged SUV rolled over at the bottom of a small hill. This wasn’t the first time Woods and a roadside incident made the news, and after people realized that Woods would survive, many wondered how this incident would impact him legally.

What Happened?

Investigators revealed that on the morning of February 23, 2021, Woods approached a curve in the road at a high speed. The data reporter in his 2021 Genesis GV80 SUV shows he may have hit the accelerator instead of the brake and collided with a tree going an estimated 75 mph.

Prior to the collision, Woods was going as fast as 87 mph, more than 45 mph over the legal speed limit, and investigators say the accident was caused by Woods driving in an unsafe manner, according to reporting by CNBC.

So, what does that mean for Woods?

Considering Tiger Woods’ Past Roadside Incidents

The February 2021 accident is the third time Woods has been in the news for incidents that occurred with him behind the wheel.

The first incident occurred in 2009 when Woods hit a fire hydrant outside of his driveway in Orlando, Florida. The incident was the first in a series of scandals related to Woods’ extramarital affairs. It is believed that he wrecked the vehicle after an argument with his wife.

In that case, Woods was issued a traffic citation for careless driving and a fine of $164.

In May 2017, Woods faced more serious charges. Officers found him asleep at the wheel of his running car. The car had minor damage to the tires and bumper, and Woods appeared to be impaired.

In that case, Woods was charged with driving under the influence (for the use of medication, not alcohol), and he pled guilty to a reckless driving misdemeanor as part of a first-time DUI offender program. He was required to submit random drug and alcohol testing, and his license was suspended for ten days, as reported by the Sun Sentinel.

Both previous incidents were in Florida. His recent accident occurred in California and will follow California law.

Potential Charges for Tiger Woods

Per the details of Tiger Woods’ accident, three categories could result in legal ramifications. Let’s look at if Woods will face charges in California and what it might mean if his accident had happened in Florida.

Criminal Speeding

In Florida, driving 50 or more mph over the speed limit can be charged as a felony. It can lead to fines, court fees, and a license suspension. Subsequent offenses come with larger fines and longer suspensions.

1st offense: $1,000 fine
2nd offense: $2,500 fine and one-year license suspension
3rd offense: $5,000 fine and ten-year license suspension

Consequences are higher if someone is injured during the incident, if it occurred in a school or construction zone, or if someone was driving under the influence.

Reports say that Woods was driving 45 mph over the speed limit, just shy of what would constitute felony speeding in Florida.

While the data reported in his vehicle shows that he was well over the speed limit, Woods did not receive a fine or charge for speeding.

Reckless Driving

Florida law defines reckless driving as driving a motor vehicle “with a willful or wanton disregard for the safety of persons or property.” The driver knows their driving could harm people or property, and they do it anyway.

Reckless driving is more severe than a careless driving charge which refers to unsafe driving that may be committed unintentionally. Reckless driving is a misdemeanor charge, but it can come with heavy consequences.

1st offense: $500 fine and/or up to 90 days in jail
2nd offense: $1,000 fine and/or up to six months in jail
3rd offense: $5,000 fine and/or up to five years in jail

Consequences are higher if someone is injured or property is damaged during the incident.

Woods pled guilty to reckless driving after his DUI charge in Florida in May of 2017. If the recent accident occured in Florida and Woods was charged with reckless driving, he could have faced fines and up to six months in jail.

Woods did not face any reckless driving charges for the accident in California. Despite his high speed, investigators said they had no proof that he was driving recklessly before the accident.

Driving While Intoxicated

In Florida, drivers can be charged with driving under the influence of alcohol or any controlled substance. Driving while intoxicated (DWI) can carry the same serious charges as a DUI.

The severity of consequences increases for repeat offenses and if persons or property are injured during the incident. DUI charges may include:

Fines
Jail time
License suspension
Potential civil charges if someone is injured

Because Woods pled to a lesser charge for his first DUI, his previous charge may not have impacted this accident. It might have been considered a first offense DUI if drugs or alcohol were involved.

But, investigators said there was no evidence that Woods was impaired or intoxicated in the 2021 accident. Because there were no open containers or signs of narcotics in the car, they did not receive a search warrant to test Woods’ blood for intoxicants. Woods was not charged for driving under the influence.

No Charges for Tiger Woods

As of now, it appears that Woods will not receive any legal consequences as a result of his accident on February 23, 2021. He was not charged with criminal speeding, reckless driving, or driving while intoxicated.

Have you been in a roadside incident and are wondering if you will face charges?

If you need advice about how to handle an accident or DUI charge, contact TJ Grimaldi today. Schedule your consultation or call 813-226-1023 today.

June 3, 2021/0 Comments/by tjgrimaldi

How Divorce Could Divide the $142 Billion Fortune of Bill and Melinda Gates

Splitting up assets during a divorce can be contentious. Both sides want to fight to get what they feel is fair and due to them. Battling over splitting up assets is normal. Splitting up assets valued at $142 billion is not.

That is the case for Bill and Melinda Gates who announced on May 3rd, 2021 that they are divorcing after 27 years of marriage. The announcement led to many questions about their marriage. Why now? What happened? How long has the divorce been in the works?

But one of the more interesting questions about their marriage may be, What will happen to their $142 billion fortune?

How Are Assets Divided in a Divorce?

To see what might happen to their assets, let’s look at how assets are divided in a typical divorce. In Florida, the law requires a fair and equitable division of marital assets in a divorce.

Marital assets that are fairly divided include:

Assets acquired during the marriage
Some retirement benefits acquired during the marriage
The enhanced value and appreciation of non-marital assets
Gifts given during the marriage

Assets divided during a divorce typically do not include non-marital assets which refer to:

Assets acquired before the marriage
Assets acquired through inheritance during the marriage
Assets acquired through a non-spousal gift during the marriage

Couples can determine how to split their marital assets through agreements and/or divorce mediation. Or, they may already have a plan for splitting up their assets in the form of a prenuptial agreement.

If the couple can’t determine how to split up assets, a judge may intervene. The judge will base their decision off equitable distribution. But, that doesn’t always mean the split will be 50/50.

When determining how to split assets, the court will consider details such as:

The length of the marriage
The economic conditions of each spouse
Each spouse’s contribution to the other’s education or career advancement
Each spouse’s contribution to improving marital or non-marital assets
Each spouse’s contribution as a partner or homemaker
Wrongful conduct during the marriage
Waste or depletion of assets caused by one party

So, what does all of this mean for Bill and Melinda Gates?

How Will $142 Billion Be Divided?

Bill and Melinda Gates started dating in 1987, one year after Microsoft (the company founded by Gates) went public. The couple married in 1994, at a time when it was reported that Bill was the richest person in the United States with more than $9 billion.

Bill Gates was a billionaire when he and Melinda married, but they did not sign a prenup.

With no prenup, the couple or the courts will determine how to split their $142 billion (as valued by the Bloomberg Billionaires Index).

It’s worth noting that the laws regarding divorce in Washington state may differ from the divorce laws in Florida. The couple’s primary residence is a home in the Seattle suburbs so their case was filed in Washington state and will abide by laws in that state.

But, regardless of where their case is filed, it appears that the couple has done their best to keep their divorce out of the courts as much as possible.

The Petition for Divorce filed by Melinda includes language that states, “to divide real property as set forth in our separation contract” under the real property, personal property, debts, and spousal support section of the document. It appears that prior to the divorce and outside of the court system, Bill and Melinda created a separation contract pursuant to Washington law RCW 26.09.070.

Under RCW 26.09.070, couples “may enter into a written separation contract providing for the maintenance of either of them, the disposition of any property owned by both or either of them, the parenting plan and support for their children and for the release of each other from all obligation except that expressed in the contract.”

With reports that Melinda has been meeting with divorce attorneys since 2019, it isn’t surprising that the couple has already worked through the details of splitting their assets outside of the court system. It also appears that the couple is already at work dividing their assets. Bill has transferred around $2 billion in stock to Melinda since the announcement of their divorce.

So, how will a divorce divide up the $142 billion fortune of Bill and Melinda Gates?

Under this agreement, it appears that the public may never know how the assets are split, and the courts won’t have a say in the division.

Simplifying Asset Division During a Divorce

The divorce announcement of Bill and Melinda Gates came shortly after another high-profile divorce announcement. Kim Kardashian and Kanye West recently announced their divorce, prompting questions about how the couple would split up their combined net worth of approximately $2.1 billion.

But like Bill and Melinda, Kayne and Kim seem to have used agreements (in their case, a prenup) to avoid a lengthy legal battle.

Both cases show the value of having a plan going into a divorce. Being able to make decisions out of court is how couples have the best chance at spending less money on the divorce as well as less time in court.

If you are going through a divorce, see how you can make a plan to simplify your asset division by working with an experienced divorce attorney. Contact TJ Grimaldi for a free consultation to discuss the details of your separation. Schedule your consultation or call 813-226-1023 today.

May 24, 2021/0 Comments/by tjgrimaldi

Divorce, Law in the News

The Legal Case Behind Kim Kardashian and Kanye West’s Divorce

Going through a divorce can be complicated. It takes on another level of complexity when it involves two incredibly famous people, four children, billions of dollars of assets, and a massive public audience.

This is the situation for Kim Kardashian and Kayne West as they navigate a divorce after nearly seven years of marriage.

After months of public dramas and speculation about their split, news broke that the megastars were calling it quits on February 19, 2021. This left many people wondering what the split would mean for their shared empire and large family.

Let’s look at a few of the factors that matter in every divorce case and what they might mean for Kim and Kayne.

3 Major Legal Considerations for Kim Kardashian and Kanye West’s Divorce

Kim and Kanye have a primary residence in Hidden Hills, California which would make California the appropriate venue for their divorce proceedings.

It’s important to note that states and counties may have different laws and procedures for divorce cases. While Kim and Kayne’s case will be officially processed by rules of California law, the information in this article will primarily reflect the rules of Florida law.

There are three major considerations for Kim Kardashian and Kanye West’s divorce case.

#1) Prenups

A prenup, or prenuptial agreement, is a legal document that outlines the rights and obligations of each spouse. It is signed before the marriage becomes official and may include details related to:

How the couple will control and manage assets and debts during the marriage
Who will be responsible for controlling and managing assets and debts during the marriage
How assets and debts will be divided in the event of a divorce
How much alimony should be paid in the event of a divorce

Prenups primarily cover financial interests. Child custody and parenting agreements cannot be included in a prenup in Florida or California.

Considering that Kayne and Kim both came into their marriage with millions of dollars of their own assets (and it was Kim’s third marriage), it is not surprising that the couple signed a prenup before their marriage. According to reports, Kim and Kayne signed a prenup that stated:

Kim and Kayne would each keep the individual assets they had when they entered the marriage
Kim and Kayne would both keep the individual assets they acquired during their marriage
Kim would receive $1 million for each year she was married to Kayne (capped at $10 million)
Their primary residence would be in Kim’s name
Kim would keep all of the jewelry and gifts given to her by Kayne

Kim and Kanye have a combined net worth of approximately $2.1 billion, according to some estimates. In divorce cases, the details of breaking up assets of this size could take months, or even years to work out, but their prenup has made it easier to go through this process.

#2) Splitting Assets

In Florida, the splitting of assets is typically as close to 50/50 as possible. Florida is an “Equitable Distribution State.” Most marital assets are split evenly while also considering:

The length of the marriage
The economic conditions of each spouse
Each spouse’s contributions to the other’s education or career advancement
Wrongful conduct during the marriage
Waste or depletion of assets caused by one party

Couples can work together or through divorce mediation to agree upon terms for splitting their assets. If they can’t come to terms, a judge will decide for them.

Because Kim and Kayne have a prenup, they won’t need to spend much time splitting up assets. The division of most of their assets was outlined in their prenup. But, according to Forbes, they do have a few large assets that will need to be divided including a number of homes and “$5 million in art, nearly $4 million in vehicles, $3.2 million in jewelry and even $300,000 worth of livestock that could be co-owned by the couple.”

Those assets will need to be divided by the couple or determined by a court order.

#3) Child Custody & Support

A divorce that involves children requires outlining details for both child custody and support. Parents can seek joint or sole custody for:

Legal custody which gives a parent the right to make legal decisions for the child.
Physical custody which gives a parent the right to have the child live with them.

Child custody can be agreed upon by the parents. If no agreement can be made, a judge will create a child custody agreement. Child support works in a similar way. Parents can come to an agreement on their own. If they can’t, the courts will intervene and set a plan. In Florida, the amount for child support is determined using an “Income Share Model” that considers each parent’s income.

According to reports, Kim asked for joint legal and physical custody of their four children. Under these terms, both Kim and Kayne would share legal and physical custody.

Kim’s divorce filing also says she does not seek child or spousal support. Kayne agreed to both the custody and support terms, so it appears that the issue of child custody and support will not be a hurdle to get over as they move toward finalizing their divorce.

What Are the Legal Implications of Your Divorce Case?

Even with a seemingly complex divorce case in front of them, it appears that Kim and Kayne utilized the right planning and approach to make their divorce as simple as possible.

If you are getting ready to go through a divorce of your own, you need to consider how a prenup, splitting up assets, and child custody will impact your case. To discuss the details of your case and what to expect, talk to a divorce attorney today.

Contact TJ Grimaldi to get advice about the legal implications of your case and to find someone who can help you make the process as smooth as possible. Schedule your consultation or call 813-226-1023 today.

May 17, 2021/0 Comments/by tjgrimaldi

Law in the News, News

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

It has been over seven years since 43-year-old Chad Oulson went to a movie theater for date with his wife — and didn’t return home with her to their 22-month-old daughter.

During the movie previews, Oulson checked his phone to see if he had any messages from the daycare watching their daughter. She had been teething which could cause a fever, and Oulson wanted to make sure everything was okay before the movie started.

This action angered Curtis Reeves, a retired Tampa police captain, who was sitting behind Oulson.

After an altercation, Reeves pulled out his gun, fired one shot, and killed Oulson.

Reeves shot and killed Oulson in a movie theater filled with eye-witnesses that included an off-duty cop, retired FBI agent, former military member, and nurse. Yet, seven years later, the case is still not resolved. Reeves has spent most of the years since the encounter out of jail, living at home under house arrest.

Delay after delay has prevented Oulson, his wife, and daughter from getting justice.

A Seven-Year Delay for Justice

TJ Grimaldi has represented Oulson‘s widow, Nicole, since Chad’s death in 2014. Since then, Grimaldi has seen Reeves’s defense team use every stall tactic possible to prevent the case from going to trial and prevent the retired Tampa police captain from going to jail.

“The defendant claims he wants his day in court, but it is very clear that the defense is taking every opportunity to delay this as much as possible,” says Grimaldi.

Reeves’ defense team has used a variety of stall tactics.

At the beginning, the case was delayed due to a debate over whether or not it was a “Stand Your Ground” case. Under Florida’s Stand Your Ground law, individuals can use deadly force as a means to protect themselves without first retreating from the threat.

A Stand Your Ground claim can prevent an individual from standing trial. In some cases, individuals are granted immunity from prosecution. They don’t need to use Stand Your Ground as a defense at trial. Instead, individuals can avoid trial altogether.

Reeves’s legal team spent years trying to use the Stand Your Ground defense. Changes to the law led to multiple hearings and eventually, a wait on a Florida Supreme Court decision, all creating substantial delays for the case.

Now, the courts have finally determined that this is not a Stand Your Ground case and set a trial date.

Trial Date Set for 2022

The trial is set for three weeks in February of 2022.

Oulson‘s family is getting closer to seeking justice for Chad, but Grimaldi is worried that they will have to wait even longer.

Reeves’s defense team continues to look for ways to delay the case.

“The defense is planning to file ten to fifteen motions before the trial. I also anticipate that they will appeal any motions they don’t win, delaying the case even more,” says Grimaldi.

Motions and subsequent appeals could potentially push the trial back to a later date.

“Each day this case isn’t tried and Reeves out of jail is a win for the defense,” says Grimaldi. “It’s embarrassing. The system should not allow you to not have justice.”

Grimaldi continues to fight for the Oulson family, pushing the courts and state prosecutors to move the case forward and keeping the story alive in the media, hoping exposure will help bring justice.

“It’s sad that this case has taken so long. Families should not have to wait this long to get justice for their loved ones,” says Grimaldi.

May 10, 2021/0 Comments/by tjgrimaldi

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