The 4th DCA recently addressed the following question: Do grounds for a judges disqualification exist when a criminal defendant alleges the Judge is facebook friends with a prosecutor.

The answer is yes.

On September 5, 2012, the 4th DCA issued an opinion on Domville v. Florida (No. 4D12-556).

At trial the Defendant moved to disqualify the Judge because the Judge was
facebook friends” with the Prosecutor. The Jude denied the request.  The Defendant filed a writ to the 4th DCA to have the issue heard.

The Court decided that the Judicial Rules of Administration  require a Judge to grant a disqualification when a motion to disqualify is legally sufficient. A motion is legally sufficient hen the facts alleged, if taken as true, would grant a reasonably prudent person to fear that he could not get a fair and impartial trial.

The Court concluded that when a judge lists a lawyer who appears before him as a “friend” on a social networking page this reaosnably conveys to others the impression that these lawyers are in a special position to influence the judge.

The 4th DCA granted the writ, and remanded back to the circuit court for further findings consistent with the opinion.

This clearly will not be the last time this issue is heard.  Consider the Judges who have used social media in their campaign efforts and are now on the bench.  It is reasonable to conclude even if the Judges “un-like” their facebook “friends” that a disqualification would still be justified.

Deb Lafave, originally ordered to serve ten years of probation, had her probation terminated after just seven years in a Hillsborough Court on September 22, 2011. A Tampa Criminal Lawyer brought the motion before Judge Timmerman a Hillsborough County Circuit Judge.  The State Attorney objected to the termination of probation, and even asked the Judge to stay his ruling while the State appealed the decision. The Judge denied the request, and Ms.  Lafave is unsupervised for the first time in seven years.

State Attorney is Appealing ?

The prosecutor, Mike Sincacore of the Hillsborough County State Attorney’s Office, argued that the Judge did not have the authority to terminate the probation early because Ms. Lafave agreed to “no early termination of probation” as a condition of her original plea deal. Ms. Lafave did not go to trial; her tampa criminal attorney brokered a deal between Ms. Lafave and the State Atttorneys office to resolve the matter for a lengthy probationary sentence. The prosecutor is correct that the court’s analyze issues with a plea deal as if it was a contract. So, for example, if you work out a plea bargain but then want to get out of the plea bargain later, then you will need to show that you either entered into the agreement involuntarily, or just did not know what you were doing because of drugs or mental illness. So the prosecutors positions is simple: She entered into a contract, and she cannot, and the Judge cannot, alter the terms of the contract later.

The Judges view: The Law says I Can do it regardless

Judge Timmerman had a different take on the situation, and one that is support by case law and statute. The Judge invoked Florida Statute that states: “a trial judge is not empowered to prevent the circuit court in the future from exercising its authority to discharge a probationer. § 948.05, Fla. Stat. (1991). That would mean that a probationary term that was ordered by a trial Judge would be illegal and thus, impermissable, if it later attempted to deprive another Judge from discharging a probationer later.Judge Timmerma’s position also seems to be support by case law from the Second District court of Appeals (the same District that the prosecutor will be appealing to). In Jones v. State, 666 So.2d 191 (2 DCA), the court ruled:

Although the intention of this condition may have been to proscribe termination before completion of a sex offender program, it appears calculated to divest the Department of Corrections of its authority to recommend early termination of probation. § 948.04(3), Fla. Stat. (1993). This is impermissible.  id.

Now,  one can’t tell by reading the case whether the condition was ordered by a trial judge at sentencing or if it was brokered via plea agreement.  But then again, it may not really matter;  any plea agreement entered between the defendant and the State must still be accepted by the Judge and still be a legal sentence.  Thats because the Judge orders the sentence, not the State Attorney or the Defendant.  And that sentence ordered must still be a legal sentence, and abide by the rules of the State. And looking at the law, it would seem to be clear:  The Judge has the authority to discharge a probationer if he so chooses, regardless of the original plea agreement entered into by a defendant, his or her tampa criminal lawyer, and the State Attorney.

Sugar Shane Mosley has recently Divorced his wife Jin. In the divorce settlement agreement, Jin has won three of Sugar Shane Mosley’s Championship belts. The settlement agreement states that “shall maintain custody and control of three championship belts for each of the respective parties’ three minor children.”  It further states that each of these kids get a championship belt when they turn 18 years old.

In addition, the divorce settlement explains that  Jin, his ex-wife, will get half of his cut in profits from all videotapes and DVDs of his big fights, including bouts the bouts with professional boxer Oscar De La Hoya, Miguel Cotto and Fernando Vargas.

Since the divorce was filed in California and community property rules apply, Jin will get half of Sugar Shane Mosley’s fight purses  he earned during their marriage. However, his big fight against Manny Pacquiao took place after the couple had separated, so the $3 million is his, without the need to share with Jin.

Sugar Shane Mosley had an unfortunate Divorce settlement, if you are in need of a Tampa Divorce Attorney for Men, Attorney Christian Denmon is here to assist you with your Tampa Divorce case. Be sure to call Denmon Law Group today at 813-554-3232.

Many people throughout Japan have always looked forward to starting a life with their loved one. Taking the plunge into a lifetime of happiness , and building a family. However, now since the Tsunami that struck the Island nation, celebrations have not been marriage centered, yet divorce centered. People are getting divorced at an alarming rate since the devastation that took place months ago.

These divorces are celebrated by taking rigshaws in opposite directions, and making a symbolic split. This differs vastly from the marriage ceremony which all the symbolic nature revolves around  the union of two people. These parties will divide the once sacred union of marriage and celebrates new beginnings!

Divorces in Japan have been up by nearly 300 percent since the Tsunami of 2011. This can be blamed upon 2 major factors, the economic losses caused by the damage as well as a reassessment of the marriage through loss. The divorce rate as of late, has shocked and alarmed authorities. Japan typically has a rather low divorce rate. In fact, the Japenese divorce rate has statistically been less than half that of the U.S.

This new facisination with Divorce celebrations allow the families affected by the divorces to cope with changes in family structure, lifestyle and social stigma’s associated with such a situation. The idea of Divorce Celebrations is still a new concept in Japan, as Aoyama Tsuyoshi, a guest at a recent divorce ceremony, said, “I thought it was a joke when I first received the invitation.”

Many Divorces are caused by the realization that after the Tsunami, Japenses men were calling mother’s and lovers before calling the wives to see if they were ok!

If you are in Tampa , Florida and need a Tampa Divorce Attorney, Call Denmon Law Group today. We are located at 1560 W Cleveland St Tampa FL 33606 ,call us at 813-554-3232.

A Tampa Man, Freddie Honaker , age 64, pulled out a gun and shot his brother in the upper leg. This occurred after an argument with his brother. Than Freddie shot himself in the head Sunday night.

The shooting occurred at 10020 Wilder Ave. just after 11pm last night, this was according to a news release from the Hillsborough County Sheriff’s Office.

Roger Honaker, 62, was violently shot in his leg and taken to Tampa General Hospital. Freddie Honaker  who shot himself in his head, is in critical condition, and is also located at at Tampa General Hospital.

As a Tampa Criminal Lawyer, it is rare to see a family member become so violent with a sibling. It is sad to see such violence. However, if Freddie recovers from his injuries, he may be punished by Florida’s 10-20-Life law.

The 10-20-Life law states that:

10 years in prison for certain felonies, or attempted felonies, in which the offender possesses a firearm or destructive device;
2. 20 years in prison if the firearm is discharged; and
3. 25 years to Life in prison if someone is injured or killed.

Freddie could possibly be looking at 25 years to life!

Mark Grace was driving at 1AM in his Jaguar when he began to weave in and out of his lane.  According to the police report Mark Grace admitted to consuming two alcoholic beverages ( Macallan Scotch). The police officer also stated that his eyes were bloodshot red.  Mark Grace had his blood drawn to determine his BAC levels.

Mark Grace was a MLB baseball player for over 16 years. He played first base and collected 4 golden gloves in his career. He played for the Chicago Cubs and the Arizona Diamondbacks.

According to law, if the driver has a BAC over .08 they will be considered Driving under the Influence. He was also cited with having made an improper right turn upon arrest. IF you are in need of a Tampa DUI Attorney, we have the Attorney’s for your case.

As a Tampa DUI Attorney, I see this happen all too often. If you are in Tampa , Clearwater,  New Port Richey, Brandon, Valrico, Lutz,Wesley Chapel, Plant City or Hernando County ; Call Denmon Law at 813-554-3232 to schedule a free DUI consultation.

Joe Montana who is considered one of the greatest quarter-backs to have play in the NFL is in the news this week. Unfortunately, it has little or nothing to do with his greatness in football. Joe Montana’s son,  Nate Montana , was arrested on suspicion of Driving under the influence (DUI). The 21 year old was arrested in Missoula Montana and has been released from jail on a $685 bond.

Nate Montana was originally at Notre Dame, but has transferred to the University of Montana.  Last Year Nate Montana played one game with a QB rating of 94 and threw for a %50 completion rate.

If you are in Tampa , FL and are in need of a Tampa DUI Attorney, Call Denmon Law today for a free consultation. We have experienced trial lawyers who are here to assist you.

If you are in Tampa , Clearwater,  New Port Richey, Brandon, Valrico, Lutz, Wesley Chapel, Plant City or Hernando County ; Call Denmon Law at 813-554-3232 to schedule a free DUI consultation.

UNLV forward Chace Stanback was arrested on  Friday morning for Suspiciion of DUI.

The 21 UNLV forward, Stanback, was placed under police custody on misdemeanor charges of DUI (driving under influence), speeding and having no proof of insurance. He was released and has a court date set for early August.

The Forward ,Stanback, is a  6-foot-8 junior led the Rebels with 13 points per game last season, and had earned the All-Mountain West Conference third team honors. Stanback is a UCLA transfer and has excelled at UNLV.

UNLV went 24-9 last season, losing in the first round of the NCAA tournament to Illinois.
Florida has specific rules and regulations that officers must follow when you get pulled over for a DUI. If you are in the Tampa- Saint Petersburg Area and have received a DUI, Contact an experienced DUI Lawyer. Denmon & Denmon Trial Lawyers will make sure that your rights are protected and that you get the best possible DUI defense available.

If you are in Tampa , Clearwater,  New Port Richey, Brandon, Valrico, Lutz, Wesley Chapel, Plant City or Hernando County ; Call Denmon Law at 813-554-3232 to schedule a free DUI consultation.

Flyers winger Nik Zherdev, has been arrested after smashing his wifes expensive Bentley with a metal rod. Apparently, he may have also threatened to kill her. The incident took place in Russia outside a restaurant where he and her wife ate dinner. Threats were hear by several witnesses outside of the establishment. This is contrary to latest reports by restaurant employees who heard no such threats on the woman’s life. According to Law Enforcement officers in

Russia, there was not enbough evidence to hold him for possibly endangering her life.

Nik Zherdev has played for the New York Rangers and most recently has played for the Philadelphia Flyers. The 26 year old has scored 16 goals this year.

If something like this has occurred in Tampa, FL, Zherdev would need a Tampa Criminal Lawyer. Most likely he would have been charged with a Third Degree Felony Criminal Mischief. If you have been charged with a similar crime, please do not wait and contact a Tampa Criminal Attorney today.

If you are in Tampa , Clearwater,  New Port Richey, Brandon, Valrico, Lutz, Wesley Chapel, Plant City or Hernando County ; Call Denmon Law at 813-554-3232 to schedule a free DUI consultation.