Tampa Bay Buccaneers cornerback Aqib Talib has applied to enter a Pre-Trial Intervention (PTI) program as a way of resolving his misdemeanor Battery charge.
The Pinellas County State Attorney's Office is reviewing his application and should know within a few weeks if Talib will be accepted into the program.
The State's Pre-Trial Intervention (PTI) program is usually reserved for first-time, non-violent offenders. If accepted into the State of Florida's PTI program, Talib will most likely be ordered to attend an anger management class and/or perform some community service hours. However, if Talib successfully completes the twelve (12) month program, the State Attorney's Office will dismiss the criminal charge against him.
Talib was arrested August 19th after the Florida Highway Patrol said he hit cab driver David Duggan in the neck and ear with a closed fist while riding from a St. Petersburg club to a Tampa hotel. For more information on this case, please check out the initial TBCDLB post from October 22, 2009.
As we enter another Holiday Season, the SLAVIN LAW FIRM would like to wish you and yours a Happy and Safe Holiday weekend.
With the support of all of our friends, family and clients, 2009 was another excellent year for the SLAVIN LAW FIRM. And for that, we have much to be thankful for this Holiday Season.
To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.
To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the SLAVIN LAW FIRM to provide an experienced and aggressive representation to those that you've sent our way.
And to both our former and present clients, thank you for the trust that you have placed in the SLAVIN LAW FIRM to protect your rights and to handle your important criminal and/or traffic-related matters.
On behalf of the entire SLAVIN LAW FIRM team, have a Happy, Healthy and Safe Holiday Season.
A disgraced Illinois insurance executive pleaded guilty Tuesday, in Los Angeles, California, to secretly shooting nude videos of ESPN reporter Erin Andrews, who repeatedly called her stalker a "sexual predator" and said she hopes he "never sees the light of day," says The Associated Press in a recent USA Today article.
Michael David Barrett pleaded guilty to Interstate Stalking after Andrews urged the judge to give him a harsh sentence and not allow him out on bail.
"His actions have had a devastating impact on me and family," said Andrews, who attended the hearing with her father and attorney.
She said she is constantly reminded that Barrett's videos appeared online and subjected her to cruel taunts from sports fans while working as a sideline reporter.
"I don't know him," she said. "I haven't met him. I hope he never sees the light of day."
U.S. District Judge Manuel Real allowed Barrett to remain free pending sentencing on Feb. 22.
According to a plea deal filed last week, Federal prosecutors and Barrett agreed to a 27-month prison sentence. But the judge will decide how long he serves and how much restitution he will have to pay Andrews.
Barrett has admitted renting hotel rooms next to Andrews three (3) times and shooting two (2) videos of her while she was naked. He was accused of posting the videos online and trying to sell them to the Los Angeles-based celebrity gossip site TMZ this year.
Andrews was poised as she addressed the court. She looked down at times as Real read the allegations against Barrett, which included details of him traveling to follow Andrews. She shook her head when Real read about Barrett buying information about Andrews online, and dabbed tears after Barrett entered his guilty plea.
Barrett stood at a podium for the nearly ten (10) minutes it took to read the allegations against him. He repeatedly answered, "Yes, your Honor" when Real asked him to waive his rights and confirm the truthfulness of the allegations.
Federal Prosecutors in Los Angeles have agreed not to pursue further charges against Barrett. However, he could face criminal action in other states stemming from other videos he allegedly shot of unsuspecting nude women through peepholes.
The Pinellas County State Attorney's Office said it plans to file formal charges against Tampa Bay Buccaneers cornerback Aqib Talib.
Talib is accused of hitting a cab driver in August. He will face a misdemeanor Battery charge stemming from the August incident where a cab driver said he was punched by the Bucs player and former first round draft pick. A second charge of Resisting Arrest without Violence has been dropped by the Pinellas County State Attorney's Office.
The State Attorney's Office said they have enough evidence to charge Talib. He will be formally arraigned in a few weeks. The misdemeanor Battery charge is punishable by up to one year in the Pinellas County Jail or one year of probation with up to a $1,000 Fine. Talib's attorney, Ronald Hanes, has indicated that his client will plead Not Guilty.
The Buccaneers are leaving for England on Friday to prepare for their game with New England on Sunday in London. There are no special stipulations that would prevent him from traveling with the team, as he is not considered to be a flight risk.
Another week has passed and another NFL star has given me something to blog about. We can now add San Diego Charger Shawne Merriman's case to the list of celebrity athletes that the SLAVIN LAW FIRM in Clearwater will be following. For more information on the alleged Domestic Battery and False Imprisonment charges, committed upon MTV reality star Tila "Tequila" Nguyen, you can check out the full story online at CNN.com.
According to the CNN story, Tila Tequila told deputies that she had been choked and physically restrained by Merriman when she attempted to leave his residence in suburban San Diego at approximately 3:45 a.m. Sunday morning.
Merriman's attorney, Todd Macaluso, has indicated that Nguyen was "extremely intoxicated and inebriated" and that his client had made arrangements for her to leave his house. However, the district attorney's office will determine whether criminal charges will be pursued.
As "Tila Tequila," Nguyen starred on the MTV reality shows "A Shot at Love with Tila Tequilqa" in 2007 and "A Shot at Love 2 with Tila Tequila" in 2008.
Merriman, who has made three Pro Bowls, is entering his fifth year with the San Diego Charges after playing college football at my alma mater: the University of Maryland @ College Park.
After posting a recent blog entry on NFL wide receiver Donte' Stallworth's 30 day jail sentence for the crime of DUI Manslaughter, I feel compelled to discuss the recent plea agreement that was entered into by New York Giants wide receiver Plaxico Burress. Facing a likely 3 1/2 year prison sentence, Burress pled guilty to one count of attempted criminal possession of a weapon, a lesser charge than the one he was facing after accidentally shooting himself in the thigh while inside the Latin Quarter nightclub in Manhattan in late November 2008.
The firearm which Burress was carrying was not registered in the State of New York, or the State of New Jersey (where Burress lives). Burress previously had a Carrying a Concealed Weapon permit in the State of Florida; however, that license expired in May of 2008.
Unlike the favorable treatment that was received by Donte' Stallworth during his DUI Manslaughter case in Miami-Dade County (as previously discussed in this blog on August 4, 2009), Burress certainly was not given any special and/or favorable treatment by the Manhattan District Attorney's Office. In fact, his high-profile attorney, Benjamin Brafman stated "If Plaxico Burress were not a high-profile individual, there never would be a case." Brafman also stated that, "If he were just John Q Public, he would have walked out of the club and he never would have been arrested."
When comparing the two cases, it is obvious that Stallworth and Burress were not treated equally. In fact, aside from the fact that both cases involved NFL-star wide receivers, the only commonality between the two cases is that they both prove (once again) just how easy it is to ruin a very successful career, in a matter of seconds, when alcohol is involved and poor choices are made. Attorney Brafman called the case "a perfect example of how bad judgment can have very serious consequences."
For all of you Tampa Bay Buccaneer fans out there.... this story has got to drive you crazy. Last year's first round draft pick, Aqib Talib, who plays cornerback for the Bucs, was arrested early this morning for Battery and Resisting Arrest Without Violence after he allegedly struck a cab driver in the neck and ear while riding from a St. Petersburg club to a Tampa hotel.
This is not the first time that Talib's behavior has been called into question. In May, Talib was involved in a fight during a Bucs practice in which he hit his teammate Torrie Cox, as well as a bystander, with his helmet. Talib was actually trying to hit teammate Donald Penn. Cox, who was attempting to break up the fight, received multiple stiches in his face.
Talib was also involved in a fight with then-teammate Cory Boyd at the NFL's Rookie Symposium last year. Coincidentally, one of the topics discussed at the Symposium was "personal conduct."
In college, at the University of Kansas, Talib reportedly tested positive for marijuana multiple times. This unfortunate news for the Bucs comes just days after Safety Tanard Jackson was suspended by the NFL for four (4) games for violating the league's substance-abuse policy.
Every once in awhile, I like to chime in on a criminal case that has caught the attention of the media nationwide. Today's question is this: Did Cleveland Browns wide receiver Donte' Stallworth receive any special treatment in the handling of his recent DUI Manslaughter case in Miami, Florida?
As a Pinellas County prosecutor, I personally handled dozens of DUI Manslaughter and traffic-related homicides. In most cases, the Defendant received a prison sentence of anywhere from ten (10) to fifteen (15) years (depending on the specific facts of each case as well as the Defendant's prior criminal record). Looking back on my six (6) years with the State Attorney's Office in Clearwater, I cannot recall a DUI Manslaughter case with a similar sentence.
Therefore, we all need to ask ourselves these questions: "Why did this individual (Donte' Stallworth) receive such a lenient sentence?" and "Was his celebrity status influential in obtaining this favorable plea offer?"
Like many other Crimes of Violence, the ultimate resolution of a DUI Manslaughter case can be driven by the victim and/or victim's family or next-of-kin. In this case, the family of the deceased man that was running across the street to catch a bus made a specific request that the State Attorney's Office resolve the criminal case quickly so that the entire family could get some closure.
However, the State of Florida had a very strong case against Stallworth. Stallworth's blood-alcohol level after the crash was a .126, well above the legal limit of .08 in the State of Florida. Stallworth admitted to driving and flashing his lights, while driving in his black 2005 Bentley, at 50 mph in a 40 mph zone.
As for a defense, 59-year old construction crane operator Mario Reyes was not in a crosswalk when he tried to cross the busy MacArthur Causeway in Miami. However, the State doesn't need to prove that Stallworth "caused" the acccident. The State only needs to prove that Stallworth's drinking and driving "contributed" to the accident -- an issue that would be very difficult to rebut based on the evidence that has been made public.
While Donte' Stallworth was the recepient of a very lenient plea bargain and sentence, most people are not that lucky. The SLAVIN LAW FIRM, in Clearwater, aggressively defends those accused of Criminal Traffic Violations and has experience handling the most complicated and serious traffic offenses such as DUI Manslaughter, Vehicular Homicide, Leaving the Scene of an Accident Involving Death, Reckless Driving Causing Serious Bodily Injury and DUI Causing Serious Bodily Injury.
To view a short video with commentary on this case, check out the following from Newsy.com:
