Florida Child Injury Lawyer Blog

In Orlando - University of Central Florida and other college towns around Florida and the United States, students often take on jobs in order to help pay college expenses and bills. It can be quite difficult juggling studies, extracurricular activities, and work. In Orlando, one such student (Maria Mishler) reported that she was falsely imprisoned by the manager of the Fubar - a popular sports bar frequented by University of Central Florida students and others. According to a story posted in the Orlando Sentinel, the manager - Matthew Merdian - had been drinking and was making sexual advances towards Maria. The alleged incident took place in an office that had been locked by Merdian who "forced her to straddle a chair by placing his hands on her shoulders." Fortunately, Maria was able to get away but was certainly fearful of her safety during this incident

Merdian denies the allegations but had no comment following his arrest. Of course, Merdian will be entitled to defend himself against the allegations. The investigation ir or discovery in this matter may reveal witnesses with knowledge of the incident and statements. It is also possible that criminal investigations of this nature will yield videotape evidence that may help support the prosecution. Then again, videotape evidence, if it exist, may end up assisting the defense of this matter.

Regardless of the outcome of this criminal case, it is important for all college students to be careful anytime that there is drinking or crowds around. Alcohol affects motor skills and inhibitions. Keep in mind that getting drunk is not a good excuse for bad or criminal actions. You can read more about this story at Fubar Manager Accused of Attacking University of Central Florida Sorority Member.

In Florida and the rest of the nation, bicycle accidents, injuries, and deaths involving children continue to take place and are frequently reported. In Tampa, Bryan Lebron, Jr. (age 11) was hit as he was trying to cross a busy street while riding with his father and another sibling. In an unrelated bicycle accident, Mitchell Bowers (age 12) dies after reportedly turning left from a bicycle lane in front of a car.

Both of these incidents will be fully investigated by the Tampa Police Department, the Hillsborough Sheriff's Office, and / or Florida Highway Patrol. The information obtained from witnesses and these reports will certainly help provide answers as to how the accidents took place and if the accidents were avoidable or due to negligence.

In Florida, an independent investigation can also be conducted by any party to the incident to determine the facts or causes of a certain accident. It is often times helpful to have a trained investigator and a Florida Child Injury Lawyer assist with the investigation. Florida is a comparative fault state. In other words, there can be shared or apportioned fault for an accident in a civil case.

The deaths of these young children show the importance of bicycle safety as well as the dangers of bicycle riding on or near Florida roads. See 2 Boys Die in Separate Bike Accidents - Florida Times Union.

A twenty seven year old mother accidentally scalded her five month old son with hot bath water. Apparently, the woman was drawing a bath for the child when she saw a spider in the bathtub; when she attempted to wash the spider down the drain, it jumped out of the tub and onto the child’s arm. She then tried to rinse the spider off of the child by putting the child directly under the running water, not realizing that the water was too hot. The child was brought to the local fire station, where he was found to have second degree burns on his body.

Investigators have determined that the incident was an accident. Other family members at the home told investigators that they were not aware that the hot water heater was set so high. A Pasco County, Florida sheriff’s deputy watched the child’s grandfather turn the heat down. The child has been released from the hospital and is recovering at home with his family.

This unfortunate accident drives home the point that parents need to be vigilant to protect their children at all times. Read more about this unfortunate accident at Mother Trying To Kill Spider Scalds Baby.

If a child has been injured by someone else’s negligence, a Florida Child Injury Lawyer can advise you as to your child's legal rights and the laws pertaining to damages / compensation for these injuries.

Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.

On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

George Gibney left Ireland in 1994 and moved to Florida after a pedophile case against him lapsed due to the length of time since the alleged incidents occurred. The case included twenty seven alleged incidents of pedophilia. Since leaving Ireland for Florida, four new complaints against the former national swim coach have been made by former Irish swimmers who claim they were abused by Gibney while on the swim team. Irish police sent the files to the proper authorities, but no extradition warrant has been issued by the Irish government.

Now an American child protection agency, called Child AbuseWatch, is trying to have Gibney deported, saying that he lied on his Immigration form, which asks if the applicant has been arrested for or accused of a crime. Child AbuseWatch has distributed sex offender notification leaflets in the gated community where Gibney now lives; the community, Enterprise Cove, is located near Orange City, Florida.

It is not clear why the Irish government has not tried to extradite Gibney from the United States. Gibney is entitled to defend himself against the allegations. It is concerning that so many children and families have stepped forward with allegations against one man.

Find out more about the charges against George Gibney at Notorious Irish sex offender tracked to Florida.

If your Jacksonville, Florida child has been the victim of a sexual predator, there may be criminal and civil actions taken regarding the acts of the predator and the damages to the child. The police and State Attorney are charged with the responsibility of prosecuting the predator or sexual offender. In addition, a civil case may be brought against the sex offender / sex predator and his or her employee for the damage sustained by the child for such acts. A Florida Child Injury Lawyer can advise parents and caregivers as to the child's legal rights and the practicalities of pursuing a civil case for the abuse.

When a Florida child enters the foster care system, he or she is supposed to be cared for or supervised by a large group of people including foster parents, case workers, and psychologists. Since foster children are already at risk of falling behind in school due to the stress in their home life, an undiagnosed or untreated learning disability can be disastrous for their chances of achieving success later in life.

In Florida and other states, judges have the right to appoint a surrogate parent to advocate for the educational needs of children in the foster care system who are suspected of having learning disabilities. These advocates can request testing and fight for extra help for these children in school. The main problem with the program so far is that there aren’t enough surrogates in the program to support all of the children who need help.

Surrogate parents are volunteers. Northeast Florida has been especially active in recruiting and training surrogates for Jacksonville, Florida area children. You can read more details of the surrogate parent program in northeast Florida at Surrogate parents fill needs of special-needs Jacksonville children.

Special education is vital to help children in need advance in school and generally in life. Unfortunately, many special needs children are not properly diagnosed, provided with proper instruction, or supervised at many public schools, private schools and day care centers. The lack of proper education and related supervision often times leads to injuries that could have otherwise have been prevented. If a child suffers an injury as a result of the negligence of a teacher or caregiver, contact a Florida Child Injury Lawyer to discuss the legal rights of the child and available courses or causes of action.

In Florida, is it a parent's duty to protect a child from a dangerous person including boyfriends, girlfriends, and fiances? The simple answer is . . . Absolutely! Many parents often times may a decision to spend time with a boyfriend, girlfriend, significant other, or fiance rather than concentrate on the best interest of a child. If a person poses a danger to a child, a parent should keep his or her child out of harm's way. The safety a child is paramount to everything else. In Cape Coral, Florida, a 34 year old woman (Nicole Brewington) was recently sentenced to 30 years of prison time for her failure to protect her child who died as a result of a beating by her former boyfriend. You can read more about this story at Woman Gets 30 Years in Child's Death.

Parents in Jacksonville, Florida recently withdrew their Autistic son from school due to an incident that recently took place in the school hallway. Lawrence Feagin actually witnessed his son being dragged by the school principal down the hallway. Mr. Feagin and the boy's mother, Jane Jackson, state that their son is Autistic. Ms. Jackson added that her son does not have the ability to verbalize and that he is not aggressive.

Autistic and other special needs students need to be supervised and cared for in the school system with an understanding and recognition of their abilities, disabilities, and individual characteristics. You can read more about this story at the Florida Times Union Website.

If your child has been injured or harmed in a public or private school, contact a Florida Child Injury lawyer for advice regarding the rights of your child.

Samantha Burton of Tallahassee, Florida was twenty five weeks pregnant when she began to go into premature labor, and went to the hospital on the advice of her doctor. The hospital wanted to keep her on bed rest until her delivery, some three months away. When Burton indicated that she wanted to go home to care for her two toddlers, the hospital obtained a court order to force Ms. Burton to submit to forced bed rest any medical care deemed necessary to sustain the life of her unborn child. For three days, Burton was confined to her bed at Tallahassee Memorial Hospital against her will. At the end of three days, Ms. Burton suffered a miscarriage and was released from the hospital.

She has now enlisted the aid of the Florida American Civil Liberties Union to strike down the court order that took away her power to make her own medical decisions. Burton’s lawyers have argued that the Leon County Court, which issued the original order, has set a “dangerous precedent.” The ACLU is arguing that a woman does not give up her right to determine the course of her own medical care when she becomes pregnant. Ms. Burton’s lawyer has accused the state of acting unconstitutionally by infringing on Ms. Burton’s rights to privacy and liberty.

The Florida Attorney General’s Office has argued that the State of Florida exercised due process by intervening to save the life of Ms. Burton’s unborn child. Read more of the details of this case at Pregnant Woman Fights Court-Ordered Bed Rest.

If you or your child has been injured due to medical malpractice, please contact our Jacksonville, Florida area law firm for child injury lawyer.

An apartment complex maintenance worker may have saved the life of an infant recently. The worker noticed an infant wrapped in blankets and locked in an SUV in the parking lot of the building complex where he worked. The window of the vehicle was cracked open about an inch, allowing the man to pry open the window and get the child out of the car. Other witnesses reported that the child had been locked in the car for about an hour before being rescued.

After deputies arrived at the scene, Latosha Yeadon returned to her car. She reportedly admitted to making arrangements over the Internet to commit prostitution with a man who lived at the apartment complex. The Hillsborough, Florida Sheriff’s office would not comment on whether the three month old child was Ms. Yeadon’s daughter or not. The girl was brought to Brandon Hospital and is in stable condition. Ms. Yeadon has been charged with aggravated child abuse, aggravated child neglect, prostitution and contributing to the dependency of a child.

Leaving a child unattended in a vehicle can be fatal. It is fortunate that an observant Samaritan noticed the child in the car and got her out before she was seriously injured. Find out more about this story at Deputies: Woman left infant in car to meet prostitution client.

If your child has been injured due to negligence or an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Deacon Richard Turcotte, chief executive of Catholic Charities announced recently the organization’s plan to bring homeless Haitian children to the US. Since then, he reports that he has been inundated with calls of support. According to the plan, any child considered “at risk,” including orphans, will be eligible to come to the US and be placed with an American family. Each child will be placed on a case-by-case basis. Turcotte cautioned that this will be a measured and temporary measure to help children who have been left homeless or orphaned by the 2010 earthquake that devastated Haiti.

What will happen to the children once they are placed in a family will depend on their situation. Some may be placed in foster care, with relatives, or even be adopted by an American family. So far, three sites have been designated in Florida to accommodate the children while they are being placed. The United States government will have to identify these children as officially “at risk” before the program can begin. According to Matthew Chandler, director of Homeland Security, the United States government is currently working on reuniting children with relatives before considering more drastic measures. Read more about the plans to help children orphaned by the Haiti earthquake at Plan to bring children to U.S. gathers steam.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

South Florida may emerge as the main hub for treating injured victims of the recent earthquake in Haiti. Injured children and adults have poured into south Florida hospitals and the Homestead Air Reserve base, and many more are expected to arrive over the coming days. The injured include mostly United States and Haitian citizens. According to the United States' State Department, nearly forty five thousand United States residents live in Haiti, and many more visit there as missionaries or tourists.

Florida Senator Bill Nelson has called on more Florida hospitals to open their doors to victims of the disaster. He stated that Florida’s children’s hospitals are uniquely suited to help the critically injured children. It is not at all clear how many more refugees from the disaster will come to Florida.

The State of Florida and its hospitals should be commended for stepping in quickly to aid those in need. You can read more about Florida’s mission to help injured children and other victims of the 2010 earthquake in Haiti at Injured victims starting to arrive.

Tempe, Arizona resident Elizabeth Johnson was extradited from Florida over the holidays after she failed to appear for a child custody hearing in Phoenix, Arizona. Her child, Gabriel Johnson was not with her at the time, and the child’s whereabouts are still unknown.

Elizabeth reportedly had tried to give the baby up for adoption in the past, turning her son over to a Scottsdale, Arizona couple she met in an airport several months previously. She later took the child back, and recently sent text messages to the child’s father, Logan McQueary, saying that she had killed the child. She now claims that she handed him over to a couple she met in a park in San Anonio, Texas. According to Ms. Johnson’s Grandfather, Bob Johnson, she was desperate to get the child adopted and may have tried to find a willing couple on Craigslist or some other online service. Police still do not know if the child is dead or alive, or if the child is in Texas, Florida or Arizona. Ms. Johnson has been charged with kidnapping, child abuse, and custodial interference. She is refusing to cooperate with authorities.

Find out more about this story at Missing Baby "Persons of Interest" Speak.

In a recent opinion-editorial (op-ed) piece on Jacksonville.com, a Jacksonville, Florida father shared his feelings about the alternative therapies his family pursued for their Autistic child. The man’s Autistic son has been through several alternative therapies for Autism, including vitamin supplements, B12 injections, hyperbaric oxygen therapy, anti-fungals, and other experimental, or alternative, Autism therapies. He reported that his family spent four years and thousands of dollars on what he termed an “uncontrolled, flawed experiment.”

He believes that the Defeat Autism Now! group and doctors and therapists who subscribe to its methods should be approached with caution. Doctors who are the foremost experts in the field of Autism and represent some of the most esteemed medical institutions in the world frequently criticize the group for promoting therapies that have no scientific basis. The man reports that his family decided to cease all experimental therapies several months ago and his son is progressing without any regression. He encourages families to seek therapies for their Autistic children that are based on sound medical evidence.

You can find out more about this family’s path to help their autistic son at Guest column: Be wary of alternative therapies for autism.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

Many Florida children are dealing with very adult issues – including depression, anxiety and other psychiatric illnesses. Florida therapists, counselors and psychiatrists are reporting that children are being diagnosed at younger and younger ages for these illnesses. That has raised serious questions regarding giving powerful psychotropic medications to young children. This is especially a concern for children in the Florida foster care system, where children are prescribed psychotropic drugs at a rate that is higher than that for the general population.

Some professionals charge that children are being given these drugs as an easy fix to get them to behave, instead of being given appropriate structure and guidance. They worry that the drugs may have unknown side effects with long term use. Others disagree, pointing to the fact that children are placed under a great deal more stress at home and are subject to other issues that were not as prevalent ten years ago. They say that children need the drugs in order to concentrate in school and succeed in life.

The decision whether or not to put a young child on medication is not an easy one. Parents should make sure that they educate themselves on the options available so that they can make an informed decision.

Read more about how the state of Florida is dealing with childhood mental illness at Child's suicide raises medication questions.

If your child has been injured by inappropriate medication or poor medical advice, please contact our Jacksonville, Florida law firm for child injury legal counsel.

According to a Marion County, Florida Sheriff’s Office report, Nekisha Smith made a trip to the McDonalds drive thru one evening with her five year old son in the car. An employee of the restaurant became concerned after noticing that Ms. Smith was allegedly speaking with a slurred voice and smelled of alcohol. She also reportedly seemed confused about her order once she reached the window. The employee told Ms. Smith that her food was still being cooked, and asked her to pull forward to wait for it. He then called police.

When police arrived, Ms. Smith was parked in the McDonalds parking lot, eating her food. She reportedly told deputies that she was just tired from drinking the day before; she also said that she was taking several medications, including Zoloft. She failed field sobriety tests, including a breathalyzer that showed a blood alcohol level of .13. The child’s father was called to pick up the boy, and Ms. Smith was arrested. She has been charged with drunken driving and child neglect. Deputies have contacted the Florida department of Children and Families about the incident.

Read more about the alleged McDonald’s drunken drive-thru incident Mother arrested in McDonald’s parking lot, charged with child neglect, DUI.

If your child has been injured by a drunk driver, please contact our Jacksonville and Northern Florida law firm for child injury legal counsel.

The Florida TImes Union website reported that a fire gutted a portable classroom located at Lakeside Elementary School in Orange Park Florida. Fortunately, no Clay County school district students or employees were injured by the fire that took place on a Saturday night. Clay County Fire and Rescue responded to the scene. The cause of the fire was reported to be electrical in nature. Hopefully, the school and fire rescue officials will use this information to make sure that no other portables or classrooms are at risks for similar fires. You can read more about this story at Lakeside Elementary School Portable Classroom Fire Reported.

In Jacksonville, Florida, the family of Spencer Wills and the community are mourning his death. Spencer was the unfortunate victim of a burn injuries he sustained when kerosene from a space heater ignited his stroller. The incident took place in November 2009 and Spencer just recently died from these injuries.

Space heaters can be quite dangerous and, at times, can lead to serious personal injuries and the deaths of children as well as adults. Five siblings and Spencer's father, George Wills, survived the fire. Fire officials reported that Mr. Wills's quick thinking saved the family.

Products like Space Heaters should be designed and distributed with reasonable safety devices to prevent tragedies like these from taking place. In addition, suitable and understandable directions and warnings should be packaged with products that can and are known to cause fires.

The loss of a child is certainly a traumatic event for the family. It is sad that Spencer never got to see his first birthday or any other life time events that a boy, young man, and man should experience. You can read more about this story at Jacksonville Baby Burned in Space Heater Fire Dies.

Three small children may have saved their mother’s life recently. Their mother was washing dishes when her boyfriend and the children’s father, Jose Oliva, attacked her with a pocket knife. He reportedly threatened to take the children away from her and go back to Mexico if she ever tried to leave him. He then allegedly punched her in the back. The three children, all around pre-school age, then intervened to try to stop him from hurting her. Oliva apparently backed off. When he fell asleep sometime later, the woman escaped from the home with all three children and called the Hillsboro County, Florida Sheriff’s office.

The children suffered some bumps and bruises from the attack. Oliva was arrested without incident. He is being held on charges of domestic violence battery by strangulation, aggravated assault with a deadly weapon, child abuse and tampering with a witness. His bail has been set at $57,500.

Domestic violence is far too common in Florida homes and throughout the United States. Unfortunately, children are often caught in the middle of domestic disputes. Parents should always act in the best interests of a child rather by responding to the heat of the moment. Children are harmed psychologically when they witness violent events or even threats of violence.

Mr. Oliva will be entitled to the services of a a criminal defense attorney or public defender. Of course, in many domestic violence situations, there are several versions of the events. This case will be handled in criminal court. It may also be dealt with in family law court in custody and visitation proceedings.

You can read more about these three brave children who stood up to their mother’s attacker at Plant City kids injured trying to save mom from dad's attack, deputies say.

Polk County, Florida Sheriff Grady Judd is famous for his crackdowns on child predators, especially those who try to lure children over the Internet. He added another child predator suspect to his list recently, when he arrested Sikes Elementary School principal Corey Lynn Swindler on charges of sexually assaulting a young girl. Sikes Elementary School is located in Lakeland, Florida.

The alleged victim is an eleven year old girl and the child of a family friend. It was reported that Swindler knew the child / family for about 10 years. Swindler allegedly began abusing the girl when she was only five years old. Swindler has been charged with one count of sexual battery on a child under 12 years of age and six counts of lewd molestation on a child less than 12 years of age; he reportedly confessed to the lewd molestation charges after being arrested, but not to sexual battery.

Police say they have no reason to suspect that Swindler abused any children at the school he was in charge of for the last three years. The school district has placed him on administrative leave.

Parents should be able to send their children off to school without worrying if the principal is a child molester. If guilty, Swindler has certainly broken the trust of the parents at his school. Swindler is entitled to his day in court, but if he is convicted of these crimes, parents can breathe a little easier knowing that he will never be able to work with children again. Read more about the charges at Polk principal arrested for sexual battery on a child.

If you suspect that your child has been the victim of sexual abuse, it is important that the incident is reported to law enforcement authorities so that a criminal investigation can be pursued. The best place for a child predator is behind bars and away from children.

Children have rights and civil causes of action to pursue for sexual abuse and assault. In addition to the predator, there may be others including private businesses and school districts that are responsible for the harm inflicted upon the child. A consultation with a Florida Child Injury Lawyer can help answer many legal questions involved in sexual assault / molestation cases.

According to the Florida Department of Transportation (FDOT), a bicycle lane is defined as “a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.” Since bike lanes are a relatively new phenomenon, some drivers are unsure of the driving laws surrounding them. Because both adults and children can ride their bikes in designated bicycle lanes, drivers should use caution and make sure they know the rules of the road.

Florida Statute 316.084 applies to cars passing on the right. The conditions under which passing on the right is allowed are as follows:

• When the passed vehicle has stopped and is indicating a left turn;

• When there is unobstructed pavement available of an appropriate width for a
motor vehicle, including one-way streets; or

• When the act of passing the other car may be done safely.

You can read a more in depth analysis of the Florida law as it pertains to cars driving in the bicycle lane at Passing on the Right Using a Bike Lane.

If your child has been injured in a bicycle, car or pedestrian accident, a consultation with a child injury lawyer could answer questions as to traffic statutes, negligence, fault, and responsibility for damages and bills resulting from such an accident.

Continue reading " Sharing Florida Roads with Bicyclists – Is It Legal for Cars to Use the Bike Lane for Passing? " »

A Christmas gift allegedly turned ugly last week, when a young child was given a toy pellet gun. Unfortunately, the boy (with his new present) shot his cousin who is Autistic. Christopher Fred Cady, age 39, then took away the gun from the child who shot his autistic cousin. According to the news story reported in The Miami Herald, Cady then shot the boy to show the boy how it felt. While the boy was definitely wrong for shooting a helpless and defenseless autistic child, Mr. Cady was not justified in shooting the offending child in the chest to show the offending child how it felt.

According to the St. Lucie, Florida Sheriff’s Department, Cady has been charged with cruelty toward a child without great harm. Read more about this incident at Man accused of using pellet gun on boy as a lesson.

It is not clear what Cady’s relationship was to the children in question, or if either of the children were seriously hurt by the pellet gun shots. What is clear is that the child was either too young or too irresponsible to be given any type of gun for a Christmas present. Even “toy” pellet guns can cause serious harm and children should not be allowed to play with them without strict adult supervision.

Of course, Mr. Cady will be entitled to the services of a Public Defender or a private criminal defense lawyer as to these charges. Witness statements will be taken and reviewed. Mr. Cady will also have the opportunity to present a defense and / or explanations for the events or incidents reported.

If a child is injured as a result of the actions or inactions of another person or child, it is important for parents to know the legal rights of the injured child. A consultation with a child injury lawyer can answer many questions including what laws and statutes apply, the availability of liability insurance, and responsibility for payment of medical bills and other related damages.

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

A man who worked in two North Florida School Districts (Duval and Nassau County) was recently indicted on child pornography charges according to a story posted at the Florida Times Union website. Robert Allan Cowan, age 47, worked at Arlington Middle School, Fort Caroline Middle School, and Yulee Primary School. U.S. Attorney A. Brian Albritton reported the indictment which involved two counts of producing child pornography, three counts of receiving child pornography and two counts of possessing child pornography. If the allegations are true, it is quite concerning that a man working in the school system would engage in such activity. Of course, Mr. Cowan will be entitled to defend himself against these criminal allegations. In many cases of this nature, there is a solid trail of forensic computer / online evidence that helps secure a conviction and / or a plea deal.

The case was investigated and coordinated by the Jacksonville Sheriff's Office, U.S. Immigration and Customs Enforcement, and the Department of Children and Families.

Parents and caregivers should monitor the text messages and e mails of their teen children. Of course, this can be a battle at times due to the typical teen's demand for privacy. In Kissimmee, Florida, a mother became concerned when she saw some text messages to her 13 year old daughter's mobile phone. These text messages eventually lead to the mother's discovery that her 13 year old daughter had sex with a 21 year old man that she met online at www.myspace.com. The mother reported the texts to the police who later arrested the man for lewd and lascivious battery, traveling to meet with a minor, and driving with a suspended license.

Children and teens greatly enjoy the Internet. Unfortunately, children and teens do not appreciate the dangers of online sites like My Space and Facebook. Parents should teach their children about the dangers of predators on the Internet and the fact that they target children. Parents should do their best to keep children off of sites like Facebook and My Space. In the alternative, parents should monitor their children's activities online and on their mobile phones. Make your child be your friend on My Space and Facebook. Set forth restrictions and limitations when your child is online. Make sure that they do not create friendships or liasons from purely online contact. It is well known that a person can be any body he or she wants to be online. You can read more about this Kissimmee story at Orlando Man Arrested Following a Mother's Discovery of Text Messages.

A baby, who was not even 3 months old, suffered serious personal injuries while under the care of his mother - Madria Eyvette Roundtree. She has been charged with neglect after her baby suffered head injuries. From a story posted at The Palm Beach News Website, the baby may have suffered the injuries from a fall from bed. Thereafter, it appears that there was a delay in getting the baby medical attention. Other family members urged Ms. Roundtree to see more timely medical care and evaluation according to the article.

Of course, Ms. Roundtree is entitled to legal representation on this matter through a private attorney or through the public defender's office. Ms. Roundtree, through her attorney, will probably argue that there was no intent to harm her child and that she was unaware of the severity of the injuries until she took the child into the hospital. There may also be arguments that the delay or alleged delay did not cause any further injuries. Of course, there are a great many of details from a forensic and medical standpoint that will be developed by each side as this case progresses further.

Parenting certainly is not a part time job or responsibility especially when caring for infants and babies. Since children this young cannot communicate their needs or ailments, it is vital that a parent or caregiver is very diligent in getting a child medical care any time there is a doubt or concern about the health or well being of a child.

You can read more about this story at Boynton Beach Mother Charged with Neglect - Child Is Now Deaf and Blind from Head Trauma / Injuries.

Keitler Pierre-Louis shares his Broward, Florida home with thirteen family members, including five children, one with Down Syndrome. Pierre-Louis owns a home-improvement business, at which he employed most of his family members. When the economy went bad last year, his business dropped substantially and he and his family were unable to afford their mortgage payments. An attempt to negotiate with lenders ended in a loan modification scam that cost him $1,000. The family has officially been evicted from the home, but they don’t have anywhere else to go and are illegally camping out in the house, hoping they can stay beneath the radar until the financial crisis is over. They have been sleeping on the floor on air mattresses, which they pack away along with other essential items every morning when they leave. In the morning they go to the storage unit where they packed away their belongings to pick out clothes for the day. If they are caught, they have no money for other housing and will be forced to live in their cars or in the storage unit.

In 2009 there have been over one hundred thousand foreclosures filed in Broward, Miami-Dade and Monroe counties. That represents a six-fold increase over 2006. Most former homeowners move in with relatives, or wait out the process in their own homes, since a foreclosure in the overburdened system can now take more than a year from initial filing to final judgment. Children, especially special needs children, in these families are put at a great risk by their homelessness. In most cases the families are reluctant to contact state services because they are afraid their children will be taken away from them.

You can read more about the Pierre-Lois family and other Florida families who have lost their homes in the recession at American Dream strands South Florida family of 14.

According to the Polk County, Florida Sheriff’s Office, John Stelmack was arrested after an investigation which revealed that he had allegedly created and was in possession of child pornography. Stelmack is the principal of Scott Lake Elementary School in Lakeland, Florida. He was suspended from his job by the Polk County School Board a week before his arrest, for an administrative investigation. In the course of the investigation, representatives of the school board found five images of child pornography in a briefcase seized from Stelmack’s office. School board representatives then contacted the Polk county Sheriff’s Office with their findings.

Stelmack allegedly often took pictures of his students at school and then used a computer to digitally superimpose their faces onto the bodies of nude children. At least one of the children, featured in four of the images, was positively identified as a ten year old female student at the school. Another female featured in the other photos has not been identified. A search of Stelmack’s home has yielded another ten to twenty digital images which may be considered child pornography.

Stelmack is fifty three years old and is married with two adult children. He has been charged with five counts of possession of child pornography and is being held with a $100,000 bond. To think that someone who has been entrusted with the safety of hundreds of children would do something like this is incomprehensible.

Of course, Mr. Stelmack has the right to representation from a criminal defense attorney or public defender for these charges. He may argue that the photos were not created by him or were otherwise unknown to him. If a plea deal is not secured, evidence will need to be presented at trial to prove up the charges. Forensic evidence should be yielded by examining the computer, digital camera, fingerprints,and other items.

Find out more about the arrest of school principal John Stelmack on child pornography charges at Principal out of jail after child porn arrest.

If your child has been the victim of a sexual predator, please contact our firm for expert legal counsel.

Brunswick, Florida native Timothy Paul Hitchcock used to be a popular Christian radio show personality. But on his third sex offender conviction, for trying to seduce a ten year old boy on the Internet, he was sentenced to ten years in federal prison. At the time, he was already on probation in Florida for providing obscene materials to a minor. He was released after nine years and placed on a three year probation. He moved to McIntosh County, in Southeastern Georgia.

Three months later, county sheriff’s deputies confirmed that he was living at the address he reported to the Georgia Sex Offender Registry. Shortly thereafter, he disappeared. According to Georgia authorities, Hitchcock crossed the border into Mexico, where he is still at large.

Hitchcock is only one of nine sex offenders last known to be living in South Georgia who cannot be found by law enforcement officials. According to Georgia law, sex offenders face a ten to thirty year prison sentence for failing to register their correct address annually with the Georgia Bureau of Investigation. Hitchcock could also have his probation revoked and be sent back to federal prison.

In Georgia, monitoring sex offenders is imposed on sheriffs by the state and is not funded. It can put a strain on the resources of rural sheriff departments. But the U.S. Department of Justice has awarded the Georgia Department of Corrections a $500,000 grant to locate and prosecute non-compliant sex offenders. Law enforcement officials are actively seeking information about the whereabouts of Timothy Paul Hitchcock. Anyone who has information about him or any other such offenders is asked to call the nearest law enforcement agency or notify the Georgia Bureau of Investigation through the tip link on its Web site, www.gbi.georgia.gov. Tipsters may remain anonymous.

Find out who the other eight missing sex offenders in Southeastern Georgia are at Gone missing: 10 Southeast Georgia sex offenders.

If your child has been the victim of a sexual predator, please contact our firm for expert legal counsel.

Juvenile criminal defendants in Florida have routinely been shackled, handcuffed or otherwise restrained when brought into juvenile court, regardless of their age, alleged crimes, security, or flight risk. The Florida Supreme Court recently declared this practice unlawful; judges may determine if shackles are warranted on a case by case basis, and any other use of shackles on minors is prohibited. The decision has been praised as a sensible balance between courtroom safety and defendant’s rights.

The issue of shackling minors has long been a source of contention in Florida juvenile courts. The practice was officially challenged in a lawsuit brought by the Miami-Dade County Public Defender's Office. Florida public defenders argued that the indiscriminate use of restraints on minors violated due process and the right to counsel. They also argued that shackling minors causes emotional and mental distress that can prevent them from being successfully rehabilitated.

Now that the ruling is in effect, it will be up to defense attorneys to properly instruct their juvenile clients on the type of proper courtroom behavior required to remain unshackled. You can read more about the decision to ban indiscriminate juvenile court shackling at Florida Supreme Court limits shackling of juveniles.

If your child has been the victim of unlawful discriminatory practices, please contact our firm for expert legal counsel.

In Florida and other States, people like to shoot off guns to bring in the New Year. Unfortunately, there are victims left in the path of these dangerous and grossly negligent celebrations. Of course, some shootings on New Year's Eve result from violent crimes as well. Whatever the specific circumstances, an innocent 6 year old child suffered personal injuries from a bullet on New Year's Eve. The incident took place in the Design District Area of Miami. The boy was taken to a local hospital by his parents for treatment of the gunshot wound to his stomach.

People should be more careful when handling guns especially when there are innocent children nearby. You can read more about this story at 6 Year Old Boy Shot in Miami on New Year's Eve.

The State of Florida is having a serious revenue problem again this year. In 2009, the State of Florida cut billions of dollars to try to make ends meet, and may have to cut a billion more for 2010, even though the 2009 cuts were considered to be “down to the bone.” Social services officials and volunteers are begging the legislature not to cut even more of their funding for 2010.

In Bartow (Polk County, Florida), representatives from juvenile crime prevention agencies and groups that work with special needs children, the ill, the poor, and the educationally disadvantaged appeared before the Polk County delegation to ask for no budget cuts. They argued that they need the money more than ever in order to help those in need. They told stories of children and teens they had helped have better lives, of drug addicts and delinquents helped by their programs, and talked of the difficulty of struggling under growing caseloads with dwindling funds. They are likely to be unsuccessful in their attempts to keep their budgets intact.

You can read more about budget cuts for special needs and other social programs in Florida at Cuts May Bleed Social Programs.