It was a shocking scene. While on a job site in Polk County, Florida, 22-year-old Nelson Carpio Garcia grabbed a box cutter and attacked his coworker. After the stabbing, Garcia ran away but was quickly captured by police who realized Gracia was in the country illegally.

So, what happens to him now?

A Shocking Scene in Polk County

As reported by NBC WFLA, Garcia and his coworkers were working on building a house in an unincorporated part of Davenport, Florida when trouble ensued.

An argument started between Garcia and another coworker. It is reported that it was over Garcia drinking on the job. The argument escalated, and Garcia grabbed a box cutter which he used to slash the victim in the neck and multiple times in the chest.

After the assault, Garcia ran away. The Polk County Sheriff’s Office K9 and aviation team responded to the scene to search for Garcia. When they found him, he admitted to stabbing the man, and he still had the box cutter on him.

The victim was flown to a nearby hospital where he was treated and released. He is expected to make a full recovery.

When Garcia was arrested, it was discovered that he is an undocumented immigrant, and he was charged with first-degree attempted murder.

Garcia Charged with First-Degree Attempted Murder

In Florida, first-degree attempted murder is covered under Florida Statutes 777.04 and 782.04. By definition, it is a crime wherein the accused tried but failed to kill another person.

For the accused to be convicted of first-degree murder, the prosecution must prove three things.

1. There was intent to kill.
2. The accused thought about how to kill the person.
3. The accused would have killed the person if they hadn’t been stopped.

First-degree attempted murder is a serious charge. In Florida, punishment for attempted first-degree murder is life in prison without parole or potentially, the death penalty.

A criminal defense attorney may try to bring Garcia’s charges down to attempted second-degree murder. Second-degree attempted murder is a charge sometimes referred to as a “crime of passion” as it refers to when someone did not plan out the act to kill someone in advance. It carries the sentencing of up to 15 years in prison.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

How Will Garcia’s Immigration Status Affect His Case?

Right now, it’s unknown how long Garcia has been in the United States or how he entered the country.

Garcia was arrested in August of 2020 for not having a valid driver’s license. At that time, authorities realized Garcia was in the country illegally, and they notified the US Immigration and Customs Enforcement (ICE). Polk County Sheriff, Grady Judd says ICE picked up Garcia after he was booked in the Polk County Jail at that time. It appears as though nothing has changed with his immigration status since then.

With Garcia being here illegally, a few things could happen.

The most likely scenario is that he will remain in custody and face charges here in the US. If he is found guilty, he would remain in the US to serve his sentencing. If he were released at any point, he would likely be deported.

If he is found not guilty, he would also likely be deported.

Garcia’s crime falls into the category of moral turpitude. It was a crime that harmed someone. Typically when an undocumented person commits a crime in the US that is said to involve moral turpitude, they are deportable the minute they commit the offense, even if found not guilty.

Regardless of what happens in Garcia’s case, it is likely that he will either find himself in jail or be deported out of the US.

Related: Do You Need a Lawyer to Get a Green Card?

Get Help with Immigration and Criminal Law

Garcia’s case is disturbing, and he will face criminal charges regardless of being in the US legally or illegally. But for others, having undocumented status can create a lot of problems even if they don’t break any laws.

It’s extremely important to go through the correct processes to get legal status to live and work in the US. If you have any questions about gaining legal immigration status in the US, TJ Grimaldi is here to help. TJ is an immigration attorney who works with a flat-rate fee to provide a predictable pathway to gaining legal status.

TJ Grimaldi is also a criminal defense attorney who can help you if you find yourself involved in a criminal issue. Get an attorney who will stand by your side. Talk to TJ today. Request your consultation or call 813-226-1023.

After 13 years under a strict conservatorship controlled by her father, Britney Spears is one step closer to making decisions for herself. She may finally get to take control over her health, her finances, and decisions such as whether or not she can have more children.

How did a world-famous pop star end up under her father’s control, and how did she finally break free?

What Led to Britney Spears’ Conservatorship

In 2007 and 2008, Ms. Spears experienced a very public series of personal issues. Under the pressure of experiencing fame at a young age, the back-to-back births of two children, a divorce, intense public scrutiny, and the constant presence of paparazzi, Ms. Spears began to show signs of a person who was struggling.

Her behavior was erratic. She walked into a salon and shaved her own head. She drove with her infant son in her lap. She hit a photographer’s car with an umbrella.

Ms. Spears was hospitalized twice for mental health evaluations.

It was around this time, in 2008, when her father, Jaime Spears petitioned the court for an emergency temporary conservatorship.

The “temporary” conservatorship was granted, giving Mr. Spears control over Ms. Spears’ estate and health. The order remained in place for thirteen years.

What’s a Conservatorship?

A few months ago, we broke down the definition of a conservatorship and guardianship on this blog.

Ms. Spear’s case is in California and abides by their laws on conservatorships. In Florida, her case would likely qualify as a guardianship issue. Both issues are similar in that they involve one or more conservators or guardians who take legal responsibility for someone who has been deemed incapable of caring for themselves or their property on their own.

There are two types of conservators and guardians: one type manages personal and health issues of the conservatee and another manages the financial assets of the conservatee.

Ms. Spears had both types of conservators. Her personal life and her financial life were controlled by conservators. Her father acted in both roles.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Britney Spears Starts Her Fight Against the Conservatorship

For years, Mr. Spears had control over Ms. Spears’ life. Court records show that he controlled things from the color of her kitchen cabinets to who she dated and whether or not she could have more children.

While the conservatorship remained in place, Ms. Spears continued to work. She put out albums, starred in a four-year Las Vegas residency, and was a judge on The X Factor.

But, she was still unable to control decisions about her personal and financial life.

It’s reported that Ms. Spears was unhappy with the details of her conservatorship for years, but it wasn’t until the #FreeBritney movement and a documentary, Framing Briteny Spears, gained media attention that she finally got to share some of her story.

In April 2021, Ms. Spears requested to speak in court. It was the first time that she would voice her opinion about the conservatorship, and the details she released were jarring. On June 23, Ms. Spears spoke before a Los Angeles judge and called the conservatorship “abusive.”

“I just want my life back. It’s been 13 years and it’s enough,” Ms. Spears said.

“I was told right now in the conservatorship, I’m not able to get married or have a baby. I have an I[U]D inside of myself right now so I don’t get pregnant. I wanted to take the IUD out so I could start trying to have another baby, but this so-called team won’t let me go to the doctor to take it out because they don’t want me to have children,” she shared in her statement.

This was the tipping point that helped Ms. Spears earn a bit of her freedom.

Related: Dealing With the Media During a High-Profile Case: What to Expect

Is Britney Spears Free Yet?

Ms. Spears had two conservators, one to oversee her personal affairs and one to oversee her finances. Her father had originally served in both roles, but in 2019, he stepped down as the guardian of Ms. Spear’s personal affairs. The June 2021 court appearance was an attempt to remove Mr. Spears from maintaining control of Ms. Spear’s financial affairs.

After Ms. Spears’ testimony, the judge didn’t immediately end Mr. Spears’ conservatorship role. But the testimony did set off a series of events that may lead to Ms. Spears gaining full control of her life.

As reported by The New York Times, in September, a judge granted a petition by Ms. Spears’ lawyer, suspending Mr. Spears from his position as overseer of his daughter’s $60 million estate. A California accountant, John Zabel, was named as the temporary conservator of the singer’s finances, as requested by Ms. Spears’ team.

Ms. Spears is still under a conservatorship, but it is no longer managed by her father. Now, Ms. Spears’ team is seeking to have the conservatorship removed altogether.

Britney Spears isn’t fully free yet, but it looks like her conservatorship may come to an end at a hearing scheduled for November.

Working with an Attorney You Can Trust

The legal systems can be challenging. If you are involved in a legal matter — whether it is a family law issue or you are arrested for a crime — make sure you have an attorney who will fight for you.

Schedule a free call with TJ Grimaldi to see how he can stand up for you and ensure that you get just and fair treatment through every phase of the legal process. Request your consultation or call 813-226-1023.

Robert DuBoise did what was asked of him. When he was 18 years old, police asked him to submit a mold of his teeth. At the time, he had no idea the mold would tie him to a murder and lead him to death row.

For 37 years, DuBoise sat in prison falsely convicted while evidence that would eventually exonerate him was locked away in a filing cabinet.

How did bad evidence lead DuBoise to a wrongful conviction, and what does his recent exoneration mean for DuBoise and those who locked him away?

What Led to DuBoise’s Wrongful Conviction?

In 1985, Robert DuBoise was sentenced to death by Judge Harry Lee Coe III for the crime of sexual assault and murder of a 19-year-old woman.

The conviction was based on two pieces of evidence, according to The Innocence Project.

The first was a bite mark that appeared on the victim. The detectives on the case consulted with odontologist, Dr. Richard Souviron who told them to begin collecting bite mark impressions from suspects.

DuBoise was considered a suspect after he was identified by a local resident as someone who had “caused problems.” DuBoise, who had no record of violent crime, was asked to submit a mold of his teeth. He fully cooperated with police. Dr. Souviron said it was a match, and DuBoise was taken into custody.

The next piece of evidence came after DuBoise was arrested. A jailhouse informant said DuBoise confessed while he was in Hillsborough County Jail awaiting trial.

The state presented a story that DuBoise, along with his brother and a friend, sexually assaulted and then killed the 19-year-old victim. DuBoise’s brother and friend were never charged for the crime. DuBoise was convicted, and although the jury recommended life in prison, the judge sentenced him to death. (In 1988, the death sentence was vacated and replaced with life in prison.)

Related: 6 Signs You Need a New Attorney

What Was Wrong with the Evidence?

DuBoise maintained his innocence for years, and it took him until 2006 to take the first step toward exoneration.

He discovered that there might be evidence that wasn’t used during the trial, and he filed a motion for post-conviction DNA testing. But it did little to move the case forward. According to The Innocence Project, in 2008, a judge said additional testing of evidence was unnecessary.

It wasn’t until ten years later, in 2018, when The Innocence Project began looking closely into the case that the bad evidence — and lack of evidence — was fully brought to light.

1. An attorney discovered that the rape kit sample in DuBoise’s trial had never been used. The Innocence Project submitted the sample for testing and discovered that DuBoise’s DNA was not present — and there was genetic evidence from two other men.
2. It was revealed that the jailhouse informant had received benefits in exchange for his testimony. He was facing a life sentence for criminal charges including kidnapping, armed robbery, and battery on a law enforcement officer, but he was given a plea deal for a sentence of five years after sharing his testimony against DuBoise.
3. Another forensic odontologist reviewed the bite mark and found that the original report which said the bite marks matched DuBoise was unsupported by science. It was concluded that the injury wasn’t even a bite mark.

Based on this new evidence, a judge vacated DuBoise’s conviction. He was released after serving 37 years for a crime he didn’t commit.

Related: Get Good Legal Representation by Asking This One Question

Seeking Justice for DuBoise

DuBoise unnecessarily served 37 years in prison, and now he wants justice.

DuBoise is suing the City of Tampa, three detectives who were on his case, and the forensic odontologist, Dr. Richard R. Souviron. According to WFLA in Tampa, “The complaint filed by DuBoise’s legal team alleges that Tampa detectives and Dr. Souviron fabricated evidence and conspired to secure his wrongful conviction.”

There are also two lawmakers attempting to right the injustice. Two bills have been filed that could help DuBoise. Jeff Brandes, R-St. Petersburg, and Rep. Andrew Learned, D-Brandon filed similar bills that could leave DuBoise with $1.85 million, which is equivalent to $50,000 for each year he spent in prison.

Regardless of how much money DuBoise gets or what comes out of his civil case, DuBoise will never be able to get back the 37 years he spent behind bars for a crime he didn’t commit.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Strong Legal Representation Matters

Justice was not served in the DuBoise case. It wasn’t served for the victim, and it took too long for it to arrive for DuBoise. This case highlights how important it is to have an attorney by your side who will fight for your best interest from day one.

If you are accused of or arrested for a crime, do not take action until you speak with an experienced criminal defense attorney who can ensure that your rights are not violated during the legal process. And, if you feel like your attorney isn’t doing a good enough job of fighting for you, get a new one. It is within your rights to change attorneys during a case.

Don’t let bad evidence stop you from getting justice. Talk to experienced criminal defense attorney TJ Grimaldi today. Request your free consultation or call 813-226-1023 today.

Nicki Minaj and her husband, Kenneth Petty, met as teens in Queens in the 1990s. Now, another woman who knew Petty from his youth is claiming the couple won’t leave the past in the past.

Jennifer Hough says the couple has been harassing her, insisting that she recant a rape accusation against Minaj’s husband that goes back to 1994.

What Happened in 1994?

Hough’s story is documented in a new civil lawsuit that she filed against both Petty and Minaj.

In 1994, when Hough was 16-years-old, she says she was waiting at a bus stop when she was approached by Petty, who was also 16 at the time. According to her story, Petty put a knife to her back and made her walk to his apartment. When they got to the apartment, he proceeded to rape her. The lawsuit states that when Petty got off Hough, he stood up, looked in a mirror, pounded his chest, and repeated, “I am the man. I am the man.”

Once Hough left the apartment, she sought help, and Petty was quickly arrested. Petty was charged and accepted a plea deal which put him in jail for nearly four years, according to NBC News.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Why Is This Resurfacing Now?

In July 2019, Petty moved from New York to California. He was required to register as a sex offender, but he did not. In November of the same year, Petty was pulled over for a traffic stop. At that time, authorities learned he had not registered as a sex offender and arrested him.

The arrest brought the story into the news and initiated the events that led up to the recent harassment charges.

Hough says it was around this time that Minaj and her team began contacting her and asking her to recant her story.

The lawsuit says Minaj and her associates contacted Hough and her family multiple times offering cash bribes. Minaj and her team are said to have called Hough and offered to “help her out” by flying her and her family to California and also offered her as much as $500,000.

Hough says that this harassment and intimidation is stirring up old trauma she experienced during the time of the rape. At that time, she was reportedly intimidated and harassed by people in her neighborhood who were trying to get her to drop the charges against Petty. Now, she is experiencing a similar situation.

Hough believes the actions of Petty, Minaj, and their associates are intended to intimidate and inflict emotional distress on her. The situation has caused her pain and suffering and led her to move three times in one year. The lawsuit says she “has not worked since May of 2020 due to severe depression, paranoia, constant moving, harassment, and threats from the defendants and their associates. She is currently living in isolation out of fear of retaliation.”

Hough has also stated that she has no interest and has never expressed interest in a bribe or recanting her story.

Related: Dealing With the Media During a High-Profile Case: What to Expect

So, What Happens Next?

Hough’s lawsuit seeks unspecified damages. It is a civil case, so at this time, Minaj and Petty don’t face any criminal charges.

It’s worth noting that Petty has also been convicted and served time for another criminal charge. In 2006, he pleaded guilty to a manslaughter charge in the 2002 shooting death of Lamunt Robinson. Petty was sentenced to ten years. He served seven and was on supervised release for five years.

Despite Petty’s troubled past, Minaj is standing by him, stating on Instagram, “He was 15, she was 16… in a relationship. But go awf Internet. y’all can’t run my life. Y’all can’t even run y’all own life. Thank you boo.”

The lawsuit states that Petty and Hough were never in a relationship.

Related: What’s the Difference Between a Civil and Criminal Case? 

Get an Attorney Who Will Fight For You

Whether you find yourself in a civil or criminal case, it’s important to have an attorney who will stand by your side. If you are dealing with a legal matter and don’t know where to turn, contact the offices of TJ Grimaldi. TJ’s number one goal is to take care of his clients and ensure that they get the fairest and most just outcomes possible.

If you need legal advice on an upcoming case, contact TJ today. All consultations with TJ are free. Request your free consultation or call 813-226-1023 today.

There was a time when the phrase “Brangelina” filled people with interest, intrigue, and maybe, even a bit of jealousy. But, now when people hear about Brad Pitt and Angelina Jolie, one of the things that comes to mind isn’t their romantic Hollywood relationship, but instead, their contentious child custody case.

For years, Brad Pitt and Angeline Jolie have been battling over the custody of their six children, and it may be getting even more complicated.

The Brangelina Backstory

Pitt and Jolie met on the set of “Mr. and Mrs. Smith” in 2004 when Pitt was still married to Jennifer Aniston. Reports swirled that Pitt and Jolie were having an affair. Pitt and Aniston filed for divorce in March 2005, and it wasn’t long before Pitt and Jolie were considered an item. Almost ten years and six children later, they got married in 2014.

Pitt and Jolie’s marriage didn’t last long, and they filed for divorce in 2016. They were legally separated in April 2019, but the details of their child custody have continued to be an issue.

When Jolie filed for divorce, she requested primary custody of the six children: Maddox (19), Pax (17), Zahara (16), Shiloh (15), and twins Knox and Vivienne (12).

The Pitt-Jolie Child Custody Case

After the divorce filing, there was child abuse investigation into Pitt after an alleged incident between Pitt and Maddox took place on the family’s private plane. It was investigated by The LA Department of Children and Family Services and the FBI, but there were no charges.

Shortly after, in January 2017, the couple hired a private judge and signed agreements to keep the details of their case private. Jolie had primary physical custody of the children, and it seemed the case was beginning to wrap up.

But it wasn’t long before things began to escalate again. A few months after a court ordered the kids to spend more time with Pitt, Jolie accused Pitt of not paying “meaningful” child support. In late 2020, Jolie filed documents saying that three of the children wanted to testify against Pitt.

Yet, in May 2021, the privately hired judge issued a tentative custody order providing joint custody of the children.

But, the disputes didn’t end here.

The Next Phase of The Custody Battle

Jolie has been trying to have the private judge hired to manage the case removed. Once she found out the judge had business relationships with Pitt’s team, she filed to have him disqualified. Up until recently, she had been able to remove him and was bound by his decisions.

But, in July 2021, a California appeals court agreed that the private judge should be disqualified, according to CBS News. This change gave Jolie back full-time custody of the kids. Now, Pitt is filing a petition of his own to review the case and possibly have the decision reversed.

This could mean that the child custody case will not find a simple and final resolution.

Understanding Child Custody Agreements

When parents split custody of a child (because the couple is getting a divorce, breaking up, or has never been a couple), they create a custody agreement that addresses multiple types of child custody that are usually in place until a child turns 18.

• Legal custody grants one or both parents the right to make legal decisions for the child as it relates to the child’s healthcare, religion, and education.
• Physical custody grants one or both parents the right to have the child live with them and care for them on a day-to-day basis.
• Sole custody may be awarded to one parent for legal custody, physical custody, or both.
• Joint custody splits the rights of parents as it relates to legal custody, physical custody, or both.

To determine a child custody agreement, parents typically have three options.

1. They can work together to develop a plan. In some cases, the courts don’t need to be involved and families can file a plan on their own. (Review our Guide to Florida Family Law Forms to see how parents can establish a custody plan on their own.)
2. The parents can work with a third-party mediator to develop an agreement.
3. If no agreement can be made outside of the court or with a mediator, the parents can go to court where a judge makes the final decisions.

In the case of Pitt and Jolie, they are at the mercy of the decisions of the judge so their case may continue to bounce around the court system with filings and appeals until both Pitt and Jolie are satisfied with the decisions or until all of the children turn 18.

Related: How Did Lamar Odom End Up Owing $380K in Child Support?

Have More Questions About Child Custody?

Child custody cases can be both confusing and contentious. But, they don’t have to be. The right family law attorney can guide you through the process and take steps to make the situation as easy as possible for everyone involved.

If you have questions about child custody, we’re here to help. Schedule a free consultation to talk with family law attorney, TJ Grimaldi about an upcoming child custody case. All consultations are free so contact us today to find out how TJ can guide you and your family through the legal custody process.

Schedule your consultation or call 813-226-1023 today.