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Recent Blog Posts in January 2010

January 11, 2010
  Domestic Violence Laws: Who is it protecting?
Posted By Brett Schwartz
Every single week, our attorneys at Hager & Schwartz, P.A. speak with new clients who recently got arrested for allegedly committing an act of domestic violence against another, whether the relationship at issue is an ex-girlfriend/boyfriend, husband/wife, or even parent/child. 

However  the arrest is usually based upon facts never found in an officers investigation.  The reason is sad but simple, POLICE OFFICER(S) RARELY EVEN CONDUCT AN  INVESTIGATION IN DOMESTIC VIOLENCE CASES!  A pathetic reality to a rather disturbing trend in our criminal justice system.

The truth of the matter is that police officers care more about being publicly exposed for what they don't do than for what they do do.  The example I usually discuss with domestic violence clients is that if a police officer has to respond to a domestic violence dispute, an arrest will always be made, regardless of what evidence is found in what typically is a very quick investigation.  These investigations usually consist of no more than speaking to the parties and arresting the one they believe the least. 

What the police officers do not consider is that they are quite often arresting a person who may have done absolutely nothing wrong and because of the arrest, will be scarred for life with a criminal record as a result of the officer's failure to conduct a thorough investigation.

Arrests are only supposed to be made when there are enough facts that rise to the level of what we lawyers call "Probable Cause."  This means that there has to be some credible evidence for a police officer to believe that a crime was committed and that the person they arrest committed that crime.  Unfortunately, most arrests result after a police officer speaks to an alleged victim with no consideration as to the motivations behind such statements. The officer usually will use that statement alone as evidence to justify the arrest for domestic violence.  In cases, where there are other factors, the officer will often use a victim's injury against the defendant but not use the lack of one to his benefit.  The officer will speak to witnesses who support the victim's story but ignore witnesses who support the defendant's side.

Which leads me to an important question.  Is it the limited evidence that is the driving motivation behind many domestic violence arrests or the officers concern as to their personal public exposure should an arrest not be made? 
Continue reading "Domestic Violence Laws: Who is it protecting?" »

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January 11, 2010
  Fort Lauderdale Police Officers Suspended for Protection of Rothstein
Posted By Brett Schwartz

According to the Sun Sentinel, the city has suspended two Fort Lauderdale police officers who may have violated department policy in their off-duty work last year for Ponzi suspect Scott Rothstein.

Suspended with pay Friday were Sgt. Steve Greenlaw and Officer DeAnna Garcia-Lemieux, city officials confirmed. The two guarded Rothstein's Harbor Beach home, his Bova Prime restaurant and his law firm, Rothstein Rosenfeldt Adler, city records show.

They also were in charge of scheduling other officers' Rothstein shifts. For their work as coordinators Rothstein paid each of them an extra 5.5 percent of the overall off-duty pay, the records show. With an estimated $300,000 in off-duty work last year, the two would have received $16,500 each, plus payment for their individual guard work. The city has no record of their total intake.

"I can confirm they were suspended with pay, and it was for issues arising out of the Rothstein detail," Mayor Jack Seiler said Sunday morning.

After months of the city and police department defending the Rothstein off-duty work, the suspensions were the first official acknowledgement of possible wrongdoing.

City policy prohibits officers acting as personal bodyguards, but officials wouldn't say Sunday whether Greenlaw or Garcia-Lemieux or both are suspected of traveling with Kim or Scott Rothstein, or which policies may have been violated. As their off-duty employer, Rothstein could have given officers a higher rate of pay than the city suggests, or could even have given bonuses without necessarily running afoul of city policy.

Only if he'd given an expensive item or large financial bonus would it draw the city's investigative attention, officials have said.

The guarding of Rothstein's residence was unique: No other person in the city's history has hired officers on a permanent, 24-hour basis for a private home. Still, top city officials, including Police Chief Frank Adderley, considered the work to be distinct from being a bodyguard, and approved it last spring.

Seiler recently said he will try to have the police union contract rewritten to ban prolonged guarding of homes, so a detail like Rothstein's would never again be allowed.

Every day, the continued Rothstein investigation reveals more reasons why society's trust in police officers, public officials and attorneys has diminished.  Those who we are supposed and should be relying upon the most are creating a perception that no one, whether it be elected official or hired hand is trustworthy.  The perception unfortunately has become that all that matters is the almighty dollar regardless of the cost to the rest of us.  What a shame, what a shame!

Continue reading "Fort Lauderdale Police Officers Suspended for Protection of Rothstein" »

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