Lawyers for an unborn child are seeking the fetus’s release from jail. How did the unborn child end up behind bars? Why do lawyers think the mother should be released on behalf of her child?

And what did the court say about the request?

What Put a Woman (and Her Unborn Child) Behind Bars?

On July 23, 2022, Natalia Harrell, 24, was six weeks pregnant when she went out for a night of clubbing on South Beach in Miami, Florida.

According to reports, she was out with a group of friends and acquaintances which included Yvette Borcela, 28. Harrell was reportedly annoyed with Borcela while in the club. When the group of seven piled into an Uber, the two women began to argue.

Harrell reportedly said to Borcela, “You don’t want this; you don’t want me to go in my purse.”

Harrell pulled out a gun and fired one shot at Borcela, killing the mother of three.

Multiple witnesses saw the encounter, and the incident was caught on a camera inside the Uber. The video shows the driver stopping the vehicle after the shot and the occupants fleeing the scene, except for Borcela.

Days later, Harrell was arrested and charged with second-degree murder. She faces a maximum sentence of life in prison and a $10,000 fine.

Since her arrest, Harrell — and her unborn child — have been held without bond at the Miami-Dade jail.

Now, the baby’s father is trying to get Harrell and the baby released.

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

A Petition To Release the Unborn Child From Jail

In February 2023, the unborn child’s father hired attorney William N. Norris to represent the fetus. Norris filed a petition for Harrel, who is now eight months pregnant, to be released on house arrest with permission to leave for doctor’s visits.

Norris claims that the fetus is being unlawfully detained and that the mother has been denied “proper and continual prenatal medical care and nutrition.” James Reyes, the director of the Miami jail claims Harrell and her unborn baby have received adequate nutrition and prenatal care while in their care.

But Norris says the unborn child has rights that are being violated.

Norris’s argument points to recent changes in both national and Florida laws that give constitutional rights to an unborn child.

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

What Is the Legal Reasoning?

Norris argued to the court that, “the Florida Legislature has expressed a clear intent to afford certain protections to unborn children.”

Norris claims that Florida has passed laws with the intent to protect the lives of unborn children, and that in the wake of the reversal of Roe V. Wade, unborn children have constitutional rights that need to be protected. He believes two Florida laws highlight this fact.

Florida House Bill 5 bans abortion after 15 weeks of pregnancy. Florida Governor Ron DeSantis described the bill as protection for unborn babies saying, “House Bill 5 protects babies in the womb who have beating hearts, who can move, who can taste, who can see, and who can feel pain.”

Another Florida law outlines murder charges for killing an unborn child. Florida Statute 782.09 says individuals can be charged with murder for killing an unborn child by injuring the mother.

Norris points to these laws in his argument for releasing Harrel and her unborn child. He told TODAY.com, “An unborn child is accepted as a ‘person’ in many respects under the law.” Norris made the argument that Harrel’s unborn child should have protection. The filing claims the unborn child’s, “constitutionally protected due process rights have been clearly violated.”

But did the court agree?

Related: Get Good Legal Representation by Asking This One Question

What Did the Court Say?

Florida’s 3rd District Court of Appeals rejected Norris’ argument.

As reported by NBC Miami, the court issued an 11-page ruling saying Harrell’s unborn child is not unlawfully detained because it exists inside its mother, who is lawfully detained. The court didn’t appear to fully dismiss the petition based on merits and said the facts of the case need to be established in the lower courts first.

The rights of unborn children will remain a developing area of the law, and Norris plans to continue to fight to free the unborn child. He plans to file an emergency motion in the circuit court.

Harrell’s next court date for the murder charge is March 7, 2023.

Get Legal Advice on Complex Cases

The law can be complex and difficult to navigate. Make sure you have an attorney by your side who knows how to interpret the law and fight for your rights. For civil or criminal legal advice, schedule a free consultation with attorney TJ Grimaldi today. Request your consultation or call 813-226-1023 today.

TJ Grimaldi is proud to stand with the victims of gun violence. As the Executive Director and Board Member of The Oulson Family Foundation, TJ works to help kids get what they need in the wake of being impacted by gun violence. Learn more about The Oulson Family Foundation and see how you can help victims of gun violence.

By now the country knows Tyre Nichols’ name and what happened to him in the moments that led up to his death. Footage has been released to the public showing multiple Memphis police officers brutally attacking Nichols. Five of the officers involved in the incident are now facing criminal charges.

What do the charges mean? And, will anyone else be charged with crimes in the case?

What Happened During the Traffic Stop?

On January 7, 2023, 29-year-old Tyre Nichols was on his way home from photographing a sunset at a local park when he was stopped by the Memphis Police Department. Police say they stopped Nichols for reckless driving.

Body cam footage from the incident shows what happened next. Police pulled Nichols from the car. After a struggle, police deployed pepper spray and a TASER. Nichols ran from the scene. Police later found Nichols and attempted to place him under arrest.

Video from the incident showed officers repeatedly hitting and kicking Nichols. After the abuse stopped, Nichols appeared to fall in and out of consciousness as emergency medical response workers arrived but failed to immediately administer care.

Nichols was eventually taken to a hospital, and three days later, he died from his injuries.

Nichols’ family says an independent autopsy found that Nichols suffered from “extensive bleeding caused by a severe beating.”

So, who is going to be held accountable for Nichols’ death?

Five Police Officers Face Criminal Charges

After Nichols’ death, the Memphis Police Department announced that they were conducting an internal administrative investigation into the matter, and The U.S. Department of Justice announced it opened a civil rights investigation with the FBI. On January 20, five of the officers involved were fired.

Six days later, on January 26, each of the five fired officers were criminally charged.

Tadarrius Bean, Demetrius Haley, Desmond Mills, Jr., Emmitt Martin III, and Justin Smith were arrested and held on bond, which ranged from $250,000 to $350,000.

The five police officers were officially charged with:

• Second-degree murder
• Aggravated assault
• Aggravated kidnapping
• Official misconduct
• Official oppression

Of the charges, second-degree murder is the most serious.

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

What Is Second-Degree Murder? What Are the Consequences?

Second-degree murder charges are a step below the most serious charge of first-degree murder. In Tennessee, first-degree murder is defined as the “intentional killing of another” and carries the possible punishment of life in prison or the death penalty.

Nichols’ stepfather, Rodney Wells, told the AP he and RowVaughn Wells, Nichols’ mother, had pushed for first-degree murder charges but were satisfied with the indictment because it included additional charges, as reported by CBS News.

In Tennessee, second-degree murder is a Class A felony. It is defined as one of two types of killings:

• A knowing killing of another
• A killing of another caused by the unlawful sale of drugs

In Tennessee, second-degree murder is punishable by 15-60 years in prison and a fine up to $50,000.

Officers face these potential consequences in addition to the punishment that could arise for the other four charges.

Will Anyone Else Face Charges?

On January 30, the Memphis Police Department announced that two more officers were relieved of duty pending an investigation. One of the officers, Preston Hemphill was involved in the initial stop and reportedly fired a TASER at Nichols. Hemphill was not at the scene of the second incident where officers assaulted Nichols.

The name of the second officer involved in the investigation has not been released.

In addition to the investigation into other police officers involved with the incident, three fire department personnel have been fired, according to a statement from Memphis Fire Department.

Two first responders and a lieutenant — Robert Long, JaMichael Sandridge, and Michelle Whitaker — were terminated after an internal investigation concluded that the individuals “failed to conduct and adequate patient assessment of Mr. Nichols.”

While two people are under investigation and three more have been fired, no one else has been criminally charged in Nichols’ death outside of the five original officers at this time.

It doesn’t mean others won’t face criminal charges.

The Shelby County District Attorney’s Office is continuing its investigation. “We are looking at all individuals involved in the events leading up to, during, and after the beating of Tyre Nichols. This includes the officer present at the initial encounter who has not — so far — been charged,” they said in a statement.

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

Will There Be Civil Wrongful Death Charges?

Nichols’ family has retained civil rights attorney Ben Crump. Crump is a high-profile attorney who has represented many families in wrongful death cases involving deadly police use of force. He represented the families of George Floyd, Breonna Taylor, Trayvon Martin, Michael Brown, and Ahmaud Arbery.

While no civil case has been filed at this time, it is likely that Crump and Nichols’ family will file a wrongful death lawsuit against one or more of the individuals or organizations involved in the incident.

Related: Examples of Wrongful Death Cases

Get Expert Advice on a Criminal or Civil Charges

Both criminal and civil charges are serious matters. If you or a loved one are involved in litigation, talk to an experienced attorney right away. An experienced attorney will fight for you to get fair due process of the law and protect your rights. If you have questions about a pending legal matter, schedule a free consultation with TJ Grimaldi. Request your consultation or call 813-226-1023 today.

Unfortunately, school shootings aren’t anything new in the United States. But what happened at an elementary school in Virginia was extra tragic and unsettling. A school shooting occurred, and the shooter was only six years old.

What happens when a young child uses a gun to shoot their teacher? And, who is responsible for such a terrible incident?

What Happened in the First-Grade Classroom?

With school back in session after the holidays, 25-year-old Abigail Zwerner was leading her classroom of first graders at Richneck Elementary School in Newport News, Virginia. Close to twenty students were in her classroom.

Zwerner was interrupted while leading her lesson when a six-year-old boy took a gun out of his backpack and pointed it at her. The boy fired one shot and hit Zwerner twice.

As Zwerner held up her hands, the bullet went through her hand and into her chest.

What Happened After the Shooting?

After being shot, Zwerner quickly moved her students into a classroom across the hall.

According to police reports, another school employee entered the room and attempted to restrain the boy who fired the gun. The boy was being combative and struck the employee. When police arrived, the school employee was physically restraining the young child.

The teacher was taken to the hospital. Zwerner was initially listed in critical condition and is now expected to recover from her injuries.

The six-year-old boy was taken into police custody. He was taken to a hospital for an evaluation and then was held under a temporary detention order.

Now, what will happen to the six-year-old shooter?

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

Will the Six-Year-Old Face Consequences?

The shooting took place in Virginia and is bound by Virginia law. According to reporting by CNN, Virginia doesn’t have a statutory age limit that would prevent the boy from being charged, but other legal rules may prevent the state from prosecuting the child.

According to the “infancy defense,” very young children are said to be unable to be held liable for a crime. The defense is under the assumption that children cannot have criminal intent in the way that adults can.

Another reason the child may not face charges is that a defendant must be found competent to stand trial in Virginia. The defendant must be able to understand the legal proceedings and assist lawyers in their defense. A six-year-old would be unable to meet this criteria.

It would also be difficult to hold the child in any type of juvenile detention center. In Virginia, children must be 11 to be held in custody at a state facility.

At this time, it seems unlikely that the child will face any legal consequences, although his case could result in required child residential treatment or wraparound support services.

Will the Parents Face Consequences?

According to reporting, the boy lived with his mother who legally purchased the firearm used in the shooting. The question is whether or not the mother could be liable for her child taking the gun and using it to shoot someone.

It isn’t unprecedented for a parent to face consequences after a child finds a gun in the house and uses it to harm others. Our blog has covered two such stories.

A mother of a two-year-old faced manslaughter charges when her daughter took an unsecured gun and used it to shoot and kill her father. While this case was believed to be a terrible accident, the mother was charged for her child’s actions.

In another case, the parents of 15-year-old Ethan Crumbley faced four counts of involuntary manslaughter after their son took a gun they purchased for him and used it to kill four students at his school.

In those cases, the parents were liable because they did not store the gun safely away from their children. In the case of the six-year-old shooter, the mother could face charges if it’s found that she had the gun in an unsecured location, as reported by FOX News.

According to Virginia Law 18.2-56.2, “any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen,” is guilty of a Class 1 misdemeanor. The punishment for a Class 1 misdemeanor in Virginia is up to twelve months in jail and/or a fine up to $2,500.

Whether or not someone will be charged with a crime in the first-grade classroom shooting will depend on Virginia state prosecutors.

If you or someone you know is facing potential legal charges, talk to a criminal defense attorney as soon as possible to weigh your options and know what to expect. Talk to TJ Grimaldi today. Request your consultation or call 813-226-1023.

Related: Misdemeanor vs Felony: What’s the Difference? 

Standing With Victims of Gun Violence

TJ Grimaldi stands with the victims of gun violence. As the Executive Director and Board Member of The Oulson Family Foundation, TJ works to help kids get what they need in the wake of being impacted by gun violence. The Oulson Family Foundation was created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence.

Learn more about The Oulson Family Foundation and see how you can also help victims of gun violence.

A Florida woman overdosed on fentanyl and died. Now, the person who gave her the substance is being charged with first-degree murder.

What happened, and how does Florida law define murder charges for people who provide drugs that turn out to be lethal?

A Fentanyl Overdose Leads to Death

In May 2022, a mother and daughter (whose names have not been released) were driving around Hudson and New Port Richey, Florida with the daughter’s boyfriend, Robert Michelmore. The mother drove the couple to a few locations, including Best Buy.

After their errands, the mother dropped Michelmore off at his home before returning home with her daughter. At that time, the daughter said she was going to watch a movie. Two hours later, the mother went to check on her daughter and found her unresponsive. She called 911, but it was too late. Her daughter had died from a combination of drugs which included fentanyl.

The daughter’s phone was nearby. She had a message from Michelmore that said, “I tried calling you and you wouldn’t answer the phone, how is it?”

According to the Tampa Bay Times, Michelmore later admitted that he put fentanyl in the daughter’s purse while they were at Best Buy. Michelmore had purchased fentanyl the day before, and records show he sent the woman a text at that time saying, “I got some fetty.”

Michelmore later said he warned the woman that the substance was strong and he reportedly told her to only take “a little bit” because he “didn’t want her to die.”

But the woman died, and now, Michelmore is facing the consequences.

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

Facing First-Degree Murder Charges

In December 2022, Michelmore was arrested and indicted on a charge of “death caused by the unlawful distribution of fentanyl,” according to Pasco County court records.

Florida has a drug-induced homicide law which states that any person supplying drugs to another person can be charged with homicide if the person dies after using the substance. The law is defined under Florida Statute 782.04(1)(a)(3).

It is a first-degree murder charge, which carries the same potential consequences as premeditated murder or a homicide caused while committing a felony. It is the most serious charge of all homicides and is considered a Capital Offense.

Related: How Much Does an Attorney Cost? 8 Factors to Consider

Potential Consequences of First-Degree Murder

In Florida, a conviction of first-degree murder can be punishable by life in prison with no parole. It can also carry the consequence of the death penalty.

It is not very common for prosecutors to seek the death penalty for first-degree murder cases, and it is unlikely Michelmore will face the death penalty. But, the harsh potential consequence shows the severity of the crime committed.

Other Substances Can Lead to First-Degree Murder Charges

Fentanyl is just one type of illegal substance that can lead to a first-degree murder charge if an individual provides it to someone who uses it and dies. According to Florida Statute 782.04(1)(a)(3), the same rules apply to the distribution of:

• Cocaine
• Opium or any synthetic or natural salt, compound, derivative, or preparation of opium
• Methadone
• Alfentanil
• Carfentanil
• Sufentanil
• Methamphetamine

This list is not exhaustive. The statute also includes, “A controlled substance analog, as described in Florida Statute 893.0356, of any substance specified in sub-subparagraphs a.-i.” The statute includes a long list of other substances that could lead to a first-degree murder charge if their distribution leads to a death.

Michelmore is being held without bail at the Pinellas County jail.

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

Get the Advice of an Experienced Criminal Defense Attorney

Every person arrested for a crime deserves fair due process as their case weaves its way through the court system. If you have been arrested for a crime and have questions about your case, talk to an experienced criminal defense attorney.

An experienced criminal defense attorney can ensure that you get a fair and just outcome. Don’t go blindly into a criminal case. Get a professional by your side. Talk to TJ Grimaldi today. Request your consultation or call 813-226-1023.

In early November, a tragedy occurred when a 10-year-old fell from a motorized scooter and was killed in Tampa, Florida. He was a passenger riding on the scooter, and the driver is facing charges for the accident.

What led to the terrible accident, and what consequences await the driver?

An Awful Accident

On November 10, 2022, around 6:40 p.m., 37-year-old Yordanis Leyva was driving a motorized scooter in Tampa, Florida. On the scooter with him was a 10-year-old boy, who has not been named. The boy and the man knew each other, but the details of their relationship have not been released.

As reported by the Tampa Bay Times, Leyva made a wide turn to pull into a gas station at 3605 West Hillsborough Ave. He took the turn too wide and caused the two riders to fall to the ground in the path of oncoming traffic. A driver didn’t see them on the road and ran them over.

Both Leyva and the boy were taken to a nearby hospital. Leyva was seriously injured, and the boy died from his injuries.

Who Is at Fault for the Accident?

Investigators pointed blame at the driver of the scooter, not the driver of the car who hit the two riders. Leyva, the scooter driver, was intoxicated at the time of the accident and is accused of being at fault for the accident.

Leyva was arrested on charges of DUI manslaughter and driving with a suspended license involving a death.

According to ABC Action News, this isn’t the first time Leyva has been arrested for driving under the influence. In 2019, Leyva was arrested for a DUI. At that time, Leyva was pulled over after police saw him driving erratically, weaving side to side and stopping in the roadway.

Related: How Long Does a DUI Stay on Your Record?

What Charges Does the Driver Face?

In Florida, DUI laws are directed under Florida Statutes 316.193. Under the statutes:

• A DUI leading to serious bodily harm is classified as a third-degree felony. It can come with penalties of up to five years in prison, up to five years probation, and a $5,000 fine.
• A DUI resulting in death is a second-degree felony that comes with a mandatory prison sentence of four years. The maximum sentence is 15 years in prison and a $10,000 fine.

Because the boy died from his injuries, Leyva faces DUI manslaughter charges. He faces up to 15 years in prison and a $10,000 fine.

Since it is Leyva’s second DUI, he may face additional consequences.

In Florida, a second DUI offense can result in serious criminal penalties. If the DUI took place within five years of the prior DUI, it can result in a minimum 10-day jail sentence.

A second DUI offense can also lead to:

• Nine months to one year in jail depending on the driver’s BAC
• One year in jail if the DUI happened while a passenger under 18 was in the vehicle
• One year in jail if the DUI caused an accident that led to property damage or injury
• Five years in jail if the DUI caused an accident that led to “serious bodily injury”

Fines for a second DUI can range from $1,000 to $5,000. A second DUI can also lead to license revocation, vehicle impoundment, and the addition of an ignition-locking device on the driver’s vehicle.

Leyva faces serious charges because the second DUI charge led to an accident that caused the death of a minor.

Related: What To Do About a DUI License Suspension in Florida 

Another Scooter Accident in Tampa Bay

This isn’t the first time we’ve covered a manslaughter case involving scooters in the Tampa Bay area. In November 2021, we covered a story about a man who was charged with manslaughter via culpable negligence after he hit and killed a bicyclist while riding an electric scooter in St. Petersburg.

In that case, the driver wasn’t under the influence, but investigators alleged that his negligence caused the accident.

Scooters — whether they are motorized or electric — can lead to charges and accidents as severe as those that involve average-size vehicles.

Related: What to Expect From a First Offense DUI

Facing DUI Charges Is a Serious Matter

What happened on November 10, 2022, is a terrible tragedy that led to the death of a young boy. No person should drive under the influence and put other lives at risk.

Driving under the influence is a serious danger and a serious charge. If you find yourself facing DUI charges, seek legal assistance right away. Everyone deserves fair due process of the law, even in the case of a DUI. If you have been charged with a DUI, talk to a DUI attorney right away. Contact TJ Grimaldi by requesting your free consultation or calling 813-226-1023 today.