Passenger arrested after Confrontation with Pilot

Surveillance footage linked here shows the tense moments leading up to an altercation last week between a pilot and a passenger at Kansas City International Airport in Missouri.

The video shows two men entering the airport through an American Airlines gate on April 12. One man is wearing a pilot’s uniform and the other is wearing a blue shirt – he is a passenger.

The passenger appears to follow the pilot through the airport, arguing with him.

The passenger apparently told authorities the altercation began when the pilot, who was traveling as a passenger on the same flight, was “taking up too much room on the aircraft and being disrespectful,” according to an incident report filed by the Kansas City International Airport Police Department.

The passenger allegedly followed the pilot “outside the secure area” in an attempt to take a cellphone photo of his badge, according to reports.

The video shows the passenger’s cellphone being knocked out of his hand as the pilot tries to block his badge. The passenger allegedly grabbed the pilot by the shoulders and pushed him away, causing the pilot to trip over his own luggage.

After the physical altercation, the pilot apparently tried to leave the concourse to meet his wife waiting outside in a car. The passenger followed him, talking to the pilot and trying to take a photo of the car’s license plate, before airport police intervened, according to the incident report.

Police said that the incident was captured on video from the security cameras in the airport and that the footage was saved for further review.

Although the pilot walked away from the altercation, he “suffered lacerations to both legs and bruising to his forearm,” according to the incident report.

The passenger, a 49-year-old man, has been charged with “intentionally inflicting injury” on the pilot. His court date is set for May 16, according to court documents. He could face a fine or up to 180 days in jail.

Battery is a criminal charge that involves bodily injury against another person. Basically, a battery charges involves some type of willful and unlawful physical contact with another person. Battery charges are taken very seriously by law enforcement officers and prosecutors, so it is important to retain legal help as soon as possible to combat these charges.

Florida Criminal Defense Attorney Richard Della Fera can offer you dedicated and thorough legal help to improve the chances of beneficial outcome to your case. It may very well be possible to have the charges against you reduced or dropped just by explaining the circumstances of the incident, especially if you have no criminal history or acted in self-defense.

Call him today at 954.514.9955 or contact us online if you have been charged with criminal battery and we will work to achieve a favorable resolution on your behalf. Your initial consultation with us is completely free.

Four things to do immediately after you get a DUI

You Only Have 10 Days to Keep Your License

After a DUI arrest, your DUI citation serves as a temporary license that allows you to drive for 10 days. Once the 10 days is up, YOUR LICENSE WILL BE SUSPENDED for 6 MONTHS if you had a blood alcohol level higher than .08, or, 1 YEAR if you refused any blood, urine, or breath test. Fortunately, you do have options:

Option #1: A DUI lawyer can request a Formal Review Hearing to get your driving privileges temporarily extended. By requesting a Formal Review Hearing, your attorney is contesting the legality of your suspension. You only have 10 days from the date of your arrest to request this hearing. If requested in time, the hearing will be scheduled within 30 days from the date of your DUI arrest. This gives your attorney time to request all the reports and records to prepare for the hearing and, if necessary, subpoena the arresting officer. If your lawyer wins the hearing, your suspension will be vacated and your driving privileges will be reinstated, pending the result of your DUI charges.

If your lawyer does not win the hearing, you will lose all driving privileges for 30 days if your BAC results were over.08, and 90 days if you refused the BAC tests altogether. After that time has passed, you can then request a hardship license so you can drive to and from school or work. In order for this to happen, you will need to signup for DUI school and undergo a substance-abuse evaluation. If you do not complete the DUI classes or any treatment that was recommended, your limited purpose permit will be revoked and you will not be able to get a license until they are completed, even if the original 6-month or 1-year suspension is over.

Option #2: Depending on the facts of your case, your attorney may advise against a formal review hearing. Instead, they would help you waive the hearing and obtain a hardship license WITH NO 30 or 90 DAY SUSPENSION. In order for this to happen, you will need to sign up for DUI school within 10 days of your arrest, before the hearing waiver is filed. With this option, you would be able to drive to and from school and work, as well as anywhere else that is required to maintain your livelihood.

Attend Your Arraignment

The arraignment is your first court appearance in which you, or your attorney, will enter a plea of “guilty”, “not guilty” or “no contest” to your DUI charges. If you don’t have an attorney, you will need to be present for the arraignment. Ideally, you want an attorney at this point but you can ask the judge for a continuance to give you more time to hire a lawyer.

Whether or not you are present at the arraignment, under no circumstances should you plead guilty. This will result in the judge closing your case and imposing a sentence immediately. Even though you may feel like there is a pile of evidence against you, never assume a successful outcome cannot be reached. Hiring an attorney will provide you an opportunity to resolve your case by developing a custom tailored defense strategy for your DUI charge.

Write Down Everything That Happened

Remembering every little detail from the day of your arrest becomes nearly impossible as time goes on. To avoid missing any information that could be crucial to your case, write down everything you did that day, such as what you ate, where you went, and who you were with.

When you get to the point where you were pulled over, make sure you write down what you recall from the conversation you had with the officer, as well as any tests you were asked to take and how you performed on those tests.

Here is a list of questions you can ask yourself to help make sure you cover all the details:

• How long did you stay at the bar
• How many total drinks did you have
• Were you seen leaving the bar by the arresting officer?
• Was the arrest at a DUI checkpoint?
• Any medical conditions?
• Did you take any medication the day of your arrest?
• What were the road conditions like?

Meet With a DUI Attorney To Discuss Your Options

Arrange consultations with a few DUI attorneys in your area. Make sure to bring your notes so each attorney can review the facts of your case.

No lawyer can guarantee they will win, but every case has the potential to be winnable. Ask each attorney what they plan on doing to obtain the best possible outcome and look for a lawyer that is ready to fight for your case.

These important tips will help ensure you avoid making any mistakes at the beginning of the DUI process. A DUI is a big deal and a conviction can affect the rest of your life. At the very least, you should have a head start on your search for the best DUI attorney in Fort Lauderdale. Contact Richard F. Della Fera, Esq. 954.514.9955  today

CONGRESSMAN FACES PRISON AND A LIFETIME OF SEX OFFENDER REGISTRATION

According to a recent article in the New York Times, former Democratic Congressman and New York City mayoral candidate, Anthony Weiner has entered a guilty plea to a federal charge of obscenity.  Weiner entered his plea in federal court, pleading to a charge of “transferring obscene material to a minor.”  The victim in the case was a 15 yr. old girl in North Carolina. The charge Weiner admitted guilt on carries a 10 year maximum prison sentence although the prosecutor stated a sentence of 21 to 27 months would suffice.  Weiner is not slated for sentencing until September.  If he is to receive a prison sentence the Judge may remand him into custody at that time or let him remain free to get his affairs in order.  In most of the Circuit Courts of Florida, if the defendant pleads guilty or no contest, with no agreed to sentence or conditions, this is called a “straight up plea.” The Court may sentence the defendant to the maximum sentence allowed by law and the defendant cannot simply withdraw his or her plea because of a sudden case of buyer’s remorse.   Also in Florida, if the defendant has no prior felony convictions, the Court will order a Pre-Sentence Investigation, or “PSI’ which is compiled by the Florida Department of Corrections.  In Juvenile Court, the same type of document is provided to the Court, however, it is called a Pre-Disposition Report, or “PDR” which is prepared by the Florida Department of Juvenile Justice. In a violation of probation case, the probation officer compiles a similar report. The reports focus on the defendant’s upbringing, family situation, drug and alcohol abuse history, education, criminal history, the facts involved in the case at hand(which is usually just a reiteration of the police report), any military service and employment history. These types of reports are prepared to give the courts a background on the defendant and they usually contain a recommendation in the last paragraph as to what the preparer thinks is an appropriate sentence.  The Judge is not bound by these reports or recommendations.

FORFEITED PROPERTY AND FACES LARGE FINE

The terms of the plea agreement show Weiner agreeing to forfeit his I-Phone and being exposed to a monetary fine ranging from $35,000 to $350,000.  The I-Phone is listed by the  serial number and is being seized as it was apparently the communications  device Weiner used to commit the crime.  Seizure and forfeiture of property is very common in Florida criminal cases.  Many times, at the scene of a crime, law enforcement will take a suspect’s phone into evidence. The officer will ask for consent to look into the phone.  If the suspect withholds consent to search, the officer still takes the phone, puts it into evidence and seeks a warrant allowing the contents of the phone to be examined.  It is this writer’s experience, large amounts of cash and nice vehicles are also commonly seized and subject to a civil forfeiture if they can any way be linked to the commission of a felony.  Many firearm or gun crimes cases, for example, are reduced by the filing state attorney to lesser charges; however, any firearm involved in the crime and maybe any other firearms owned by the defendant are typically forfeited as part of the negotiations.  In some of the larger employee theft or embezzlement cases, whatever the defendant has in a 401k retirement account is commonly used in negotiations in a effort to make an up front pay down on the restitution owed.

LIFETIME REGISTRATION AS A SEX OFFENDER

Former Congressman Weiner will be a sex offender because of this conviction.  Although this is a federal conviction, he will have registration requirements designated by whatever state in which he resides or even travels into.  His registration will be similar to that of a military sex offender who is no longer in the military.  There will always be state requirements.  Under Florida Law, a failure to comply with sex offender requirements usually results in a quick arrest, a high dollar amount on the bond, then a case with few defenses and a return trip to prison.  Those on sex offender probation have upwards of twenty requirements and prohibitions.  Sex offender probation is extremely restrictive with living restrictions, sexual counseling and polygraph examinations, no internet use allowed, a curfew and a driving log as just some of the examples.  In Florida, if one is on sex offender probation, there has almost always been a decent amount of incarceration served before the probationary period starts.  Once off probation, the sex offender still has to take at least two trips a year to the local police station and disclose any Internet accounts and his or her living arrangements.  In Florida, the offender has 48 hours to update his information that he or any of his roommates has a new vehicle, failure to do so is a 3rd degree felony.  This writer is aware, as is law enforcement, that many sex offenders are forced financially or by the local geographic restrictions on where they are allowed to live, and live in “group homes.”  Offenders, some with vehicles and some without, come and go at these houses.  Many offenders work, eight to ten hours daily, but must keep up with any new roommates(must report) and any changes in vehicles with the existing roommates. This is Florida Statute 943.0435(2)(B)3.

“SEXTING” IS PROSECUTED

The sending of sexual materials back and forth using one’s smart phone, laptop, tablet or PC only takes a few seconds.  It can and does result in prison, followed by sex offender probation followed even further by the lifetime sex offender registration requirements and restrictions.  Unsuspecting juveniles are frequently arrested in these types of sex cases also. If you, a family member or a friend thinks there may be a pending problem due to “sexting” or any other type of sexual offense, get in to see an experienced sex crimes attorney.  Most criminal defense attorneys in South Florida provide in-depth free consultations and/or jail visits.  Call Fort Lauderdale Criminal Defense Attorney Richard F. Della Fera,  954.514.9955

Florida Passes Medical Marijuana- What You Need to Know

As almost all Floridians are aware, Amendment 2 was passed this election, giving Florida patients the right to use cannabis for medicinal purposes. The problem is that everyone is wondering, what now? Unfortunately, the best answer to that question is to wait. Despite the passing of this amendment, it still needs to be implemented before patients can freely make use of medical cannabis.

Under Amendment 2, there are 10 conditions that qualify for access to medical marijuana:

• Cancer
• Multiple Sclerosis
• Glaucoma
• Crohn’s Disease
• Parkinson’s Disease
• Post-traumatic Stress Disorder
• Amyotrophic Lateral Sclerosis
• Epilepsy
• HIV & AIDS

It’s important to know that terminally ill patients do not have to wait for Amendment 2. Due to an existing Florida law that makes full strength cannabis available to the terminally ill. These patients can get access to medical marijuana right now.

For those with conditions voted in under Amendment 2, there are several things that need to happen before you can qualify. Here are the Steps remaining before Amendment 2 is implemented and what you can do to help:

1. The Florida Legislature:

The rules on how this Amendment will work is determined by the legislature. The current law requires a 90 day waiting period and certification by a doctor who recommends medical marijuana. The legislature has the authority to keep, add, or eliminate these current rules.

The best thing you can do is voice your support or grievances through the implementation process. You can contact your local Representative or Senator and give your opinions on how you think the amendment should be implemented.

2. The Department of Health in Florida

This department regulates the use of cannabis in Florida. It is important that patients consume cannabis products which they’re sure to have certified as safe by the health department. This means that local growers and dispensaries must be licensed by the Department of Health. Additionally, if the legislature fails to write the rules that implement the amendment, it’ll be up to the Department of Health to implement it by July 1st, 2016.

By July 1, qualified patients should be able to access full strength medicinal cannabis. The majority of voters with qualifying illnesses thought that they were going to be able to purchase medicinal marijuana immediately after the election and are not upset. However, there are some steps patients can take to right now.

What you Should Do If you are a Potential Cannabis User

Those who are looking to be prescribed cannabis should start looking for a doctor that supports this type of treatment right now. It’s best to have a relationship already established than to wait until it’s moved through the legislature. To find these doctors, you can go to the Department of Health’s Office of Compassionate Use website at www.floridahealth.gov/programs-and-services/office-of-compassionate-use.

As mentioned before, patients should call their representatives so that they can encourage them to speed up the process of the implementation of Amendment 2. Everything that will be debated over the coming months should be decided with the patient first in mind.

Bachelor’ Chris Soules Asks Court to Drop Leaving the Scene of an Accident Charges Related to Deadly Crash

Leaving the Scene of an Accident

Former star of reality tv show “The Bachelor” was arrested in his native Iowa last week and charged with leaving the scene of an accident with death after he is alleged to have rear ended a tractor driven by Kenny Mosher and fleeing the scene.  According to a news report, the accident occurred approximately 15 miles south of his hometown of Arlington, Iowa, a town featured in the 2015 season of the Bachelor.  According to police, when they arrived on scene they found Soules’ abandoned truck near the crash scene and alcoholic beverage containers within.  Soules made an initial appearance in Buchanan County on April 25, 2017 and was ultimately released on a $10,000 bond.  Soules’ attorneys have filed a motion to dismiss the felony charge, alleging in part that Soules did not violate Iowa’s leaving the scene of scene of an accident statute because he called 911 and identified himself.  His lawyers further claim that Soules remained on scene and attempted to resuscitate Mosher until first responders arrived, remaining for several minutes after their arrival.

While I am a Florida attorney and not licensed in Iowa, I cannot speak to the workings of Iowa’s criminal code.  Florida statute 316.027 requires the driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person to immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and remain at the scene of the crash until he or she has fulfilled the requirements of Florida Statute 316.062.  Florida Statute 316.062, in this instance would require Soules to either give his name, address, and vehicle registration information to the other party to the crash or a police officer responding if the other party to the crash is not in a condition to receive the information.

Ultimately the State Attorney’s Office, in situations such as these, will assume that the individual left the scene because they were intoxicated.  Florida has contemplated the fact that this happens, more than it should unfortunately, and has closed the loophole on a safe harbor for one who leaves the scene in an accident causing death.  Regardless of whether the person is found to be driving under the influence at the time of crash leading to death, if the individual leaves the scene, they are subject to a four-year minimum mandatory prison term if convicted.  The charge is a first-degree felony as well, thereby requiring an adjudication of guilt.  In essence, what the legislature has done is eliminate any benefit for a person to flee the scene and, from a practical standpoint, likely makes it worse on one who does leave if they are to plea given the interpretation of their actions by the State and Judge.

In Soules’ instance, because he did call 911 and did give his information when no police officer was present, under Florida law, he could at least argue that he complied with statute.  Florida statute 316.062(2) states that when no police officer is present, the driver, after fulfilling the requirements of Florida Statute 316.027, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit the information mentioned above.  Soules could argue that he remained on scene, rendered aid, called 911 and gave his information, and only left after first responders arrived.  A criminal attorney in Florida would argue that because he did this, he has complied with Statutory dictate. For argument’s sake, if he notified authorities of his whereabouts and they did not contact him, or did but did not have reasonable suspicion of DUI and therefor performed no DUI investigation, under Florida law it is at least arguable that he would have complied with his statutory duty.

While every State has different laws and verbiage within, in many instances when one is accused of a crime such as this, there is room for argument either way.  Whether Soules is guilty or not, the situation is a tragedy and the Iowa court system will ferret out the details.  If you’ve been charged with leaving the scene of an accident or another State or Federal crime, contact Fort Lauderdale criminal attorney Richard F. Della Fera, Esq. 954.514.9955