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December 1, 2017

Why Steinle ‘Not Guilty’ Verdict Is Not ‘Disgraceful’

While the “Not guilty” verdict in the Steinle murder trial wasn’t what most people expected and/or desired, it doesn’t mean that the verdict was unjust, unfair, and/or “disgraceful.” Having practiced in state and federal criminal courts for the past 25 years, serving as a prosecutor, criminal defense attorney, and adjunct law professor, I can say, without reservation, that the only thing unjust, unfair, and/or “disgraceful” is to insult and demean the jurors who worked hard to arrive at what they believed was a fair verdict. I’m not suggesting that you have to like the outcome. You’re free to think and/or say whatever you want, per the First Amendment of the U.S. Constitution. However, before you criticize the jurors’ decision concerning their verdict on the murder charge, give some thought to the following points below that may assist you:

1. Like many, I was surprised by the verdict. Based exclusively on what I was reading and hearing in media reports, I was expecting a guilty verdict on the murder charge.

2. Like almost everyone, I wasn’t in that courtroom to hear any of the evidence first hand. Therefore, it would be inaccurate and unfair for me (and almost all members of the public) to say that I knew all the evidence that was presented and, more importantly, how it was being received by those in the courtroom.

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August 31, 2017

How Old Should Kids Be Before Being Left Home Alone?

by Mark Eiglarsh

THE ISSUE

A man from Raleigh, North Carolina was recently arrested for leaving his five children at home alone. His oldest child is 8 years old. Victor King, who was bailed out by a total stranger, claims that he had to go to work to support both his children and his wife, who is suffering from stage 4 cancer. Authorities were alerted to the house by a neighbor who called 911, alleging that this was the second day in a row the kids were left alone without adult supervision. Apparently, this isn’t the first time this father has done this. He was convicted of child neglect in California after engaging in a similar act. So, one of the questions raised by this case is, “What should happen to the father?” Also, the bigger legal and moral question is, “How old should kids be before being left home alone?”

ANALYSIS

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May 31, 2017

Why Some Legal Analysts Are Wrong About Tiger Wood’s DUI Case?

by Mark Eiglarsh

INTRODUCTION

Unless you’ve been living under a rock, you now know that Tiger Woods was arrested for DUI (Driving Under The Influence) in South Florida this Memorial Day weekend. Many in the “court of public opinion” have been speculating about the case. The on-air “talking heads” have been at it and many are getting it wrong. Since I’ve practiced criminal work in Florida for 25 years both as a defense attorney and a prosecutor, having handled thousands of DUI cases, I feel compelled to set the record straight. Also, as a fellow “talking head” with extensive experience defending and prosecuting these types of cases in South Florida, I’d like to give you my assessment as to how I think Tiger’s matter will be resolved.

ALLEGED FACTS

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May 22, 2017

Very, Very, Very Young Kids Arrested

by Mark Eiglarsh

DISTURBING FACTS

This one is extremely disturbing. An eight-year-old Florida girl was arrested and charged with felonies. She was seen on surveillance footage breaking into cars in Palm Bay. The girl admitted her involvement, telling police that she and two older kids were walking in a park and decided to break into some cars. She was charged with felony burglary to a conveyance and attempted theft.

An arrest of someone so young, seems like an isolated shocking incident. Unfortunately, it’s not. In fiscal year 2014-2015, 80 Florida children under the age of nine were arrested. Two of them were from Miami and four were from Broward County.

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May 11, 2017

Is Aaron Hernandez Innocent?

by Mark Eiglarsh

INTRODUCTION

Recently, I read several headlines that stated, “Aaron Hernandez Is Innocent.” I immediately thought of the impact of those words. First, I thought how it might affect the readers. Then, my thoughts shifted to how it may impact the families of the victims. After a day of contemplation, I decided that I needed to write this article.

THE FACTS

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May 2, 2017

Can Police Force You To Provide Your Cell Phone and Password?

by Mark Eiglarsh

HYPOTHETICAL

Let’s say that law enforcement seizes your cell phone, believing that it contains evidence of a crime. Let’s further say that they demand that you give them the passcode so that they can get into your phone and retrieve its contents. You tell the officers, “No thank you. I respectfully decline your invitation. My top-notched attorney, Mark Eiglarsh, has warned me not to consent to this type of governmental action.” They then inform the prosecutor of your refusal. The prosecutor then petitions the court to force you to turn over your passcode, arguing that they believe it contains incriminating information. How should the judge rule?

ANALYSIS

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March 30, 2017

Will Victims of Pulse Nightclub Shootings Prevail With Lawsuit?

by Mark Eiglarsh

THE ALLEGED FACTS

The victims of the Pulse nightclub shooting in Florida are suing both the wife of the shooter and the shooter’s former employer. They accuse them of failing to prevent the abhorrent massacre. The lawsuit was filed in federal court in South Florida.

The 57 victims, consisting of survivors and representatives of the deceased, allege that the security company that the shooter worked for knew of the comments Omar Mateen had made prior to the shootings that resulted in the tragic death of 49 club patrons and the injury of dozens more. Mateen allegedly bragged to a co-worker that he had ties to terrorists and a mass shooter. The law suit alleges that his employer, G4S Secure Solutions, should have immediately taken away his weapons and recommended that his firearms license be revoked. When investigated by both his employer and the FBI in 2013, he claimed that he only said those outrageous things so that his co-worker would stop teasing him about being Muslim. The FBI determined that he did not pose a threat.

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March 22, 2017

Governor Rick Scott Removes Prosecutor From Case

by Mark Eiglarsh

WHAT HAPPENED

Florida Governor Rick Scott recently removed newly elected Orlando prosecutor Aramis Ayala from the Markeith Loyd case. Loyd is charged with two counts of First Degree Murder for shooting and killing police officer Lt. Debra Clayton and Loyd’s pregnant ex-girlfriend Sade Dixon. The case was re-assigned to state attorney Brad King, who prosecutes in neighboring Florida counties. Scott claims that the reason he removed Ayala is because she “won’t fight for justice.” He points to her comments concerning the death penalty as support for his extraordinary move. She allegedly stated that the death penalty causes too much pain for victims’ families and that it was not an effective deterrent. Additionally, she allegedly made it clear that not only wouldn’t she be seeking death for Loyd, but she wouldn’t be seeking the death penalty in any future case during her entire four years in office. Regarding seeking the death penalty in future cases, she stated, “I have determined that doing so is not in the best interest of the community or the best interest of justice.”

Scott initially attempted to get Ayala to recuse herself from the Loyd case. When she refused, he took the case away from her.

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February 27, 2017

This Arrest Should Outrage You!

by Mark Eiglarsh

OUTRAGEOUS FACTS

Ahhh, Orlando, Florida. Home of Sea World, putt putt, Mickey Mouse, and Epcot. Apparently, they’ve got some drug activity as well. Recently, Orlando police received many complaints concerning drug activity at a local 7-11. As a result, they beefed up surveillance.

One afternoon, police spotted 65-year-old Daniel Rushing driving his car. The cop who stopped him, 8 year veteran Corporal Riggs-Hopkins, alleges that she observed Rushing commit two traffic infractions. She claims that Rushing was speeding and also, that he failed to come to a complete stop. As she approached the vehicle, Cpl. Riggs-Hopkins alleges that she saw a “white, rocky substance” on the floorboard of the vehicle. She immediately assumed that the substance by the driver’s feet was an illegal controlled substance. Rushing passionately exclaimed to the officer, “It’s glaze! Glaze from a doughnut!!!” He tells the officer that it was Krispy Kreme. Cpl. Riggs-Hopkins and the other law enforcement officers that arrived on the scene after the stop didn’t believe the driver. Instead, they were convinced it was crack cocaine. Then, after some time elapsed, they changed their position, concluding instead that it was Methamphetamine (“crystal meth.”)

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February 20, 2017

Free Speech, Threats, and Guns

by Mark Eiglarsh

FACTS

This story got my attention. Ricky Weinberger was recently arrested on Miami Beach for allegedly making a bunch of “harassing” telephone calls to law enforcement. Apparently, he also posted lots of threats against police on the bulletin board of an on line police themed web site. Most troubling for law enforcement is what they found at his small apartment when they arrested him. Weinberger had stockpiled 16 weapons, which allegedly included six assault rifles, along with 4500 rounds of ammunition. Police believe this was a catastrophe waiting to happen.

Judge Mindy Glazer held Weinberger with no bond. He has three other pending criminal cases that were made against him over the past year. His attorney attempted to secure his freedom by arguing that his both his speech and weapons possession were constitutionally protected. That argument failed.

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