College Students of Iraq

Summer Vacation For College Students in Iraq Is No Vacation

In the United States, summer vacation for college students is all about the beach, partying, and summer jobs.  For some students in Iraq, "summer vacation" couldn't be any different. Female student, Shadad Haider, of the University of Baghdad has spent this summer learning how to dismantle and assemble an AK-47 as well as how to fire the legendary weapon.  Shadad is doing this because of the very real danger that the Islamic State poses to her country and her family.  The students are learning how to combat ISIS at the University of Baghdad and the voluntary program has attracted more than 100 trainees. 

From School To The Battlefield

Some students have already transitioned from their training program to the front lines to fight the brutal regime.  ISIS now controls large swaths of the country and their rule is brutal, especially in regards to female citizens.  Several women in the Iraqi training program have found themselves motivated to fight ISIS because of the terrorist group's barbaric treatment of women.  ISIS members believe that Allah (God) not only allows, but actually encourages the rape of young women (under 18).  Even more disturbing, ISIS terrorists will pray immediately before and after the rape of these women. 

Will Iraq Ever Regain Normalcy

At this point there is no doubt that the Invasion of Iraq and subsequent hasty withdrawal of U.S. troops from the country created a massive power vacuum that allowed and indeed created ISIS.  If Saddam were still in power, there would be no Islamic State, or if the United States would have maintained a military presence in Iraq, there would be no Islamic State.  The unfortunately reality is that the Middle East is far too unstable to function without either a Dictatorship, or U.S./Coalition protection.  I do believe that the threat of ISIS to U.S. interests are far too great to ignore forever, and that we will eventually need to significantly increase our involvement in Iraq again to combat and kill the Islamic Extremists who form ISIS.

Shooting in Lafayette, Louisiana

Another Cowardly Shooting in a Movie Theater

Several people are fighting for their life tonight following yet another incident of attempted mass murder, once again in a crowded movie theater.  The victims have been transported to local hospitals, but it appears that at least one innocent person has died.  An awful addition to the saga that is, the Aurora Theater shooting in Colorado.  Literally hours before this attack, the jury in the Aurora Theater shooting found that the crimes of the shooter were in fact worthy of the death penalty. 

Speculation as to motive or modus operandi

It seems inappropriate to speculate about any possible motive for this terrible crime, while victims are still fighting for their life, but it is impossible to ignore the coincidence that today is the day where the jury in the Aurora shooting effectively approved of the use of the death penalty as a potential sentence. 

http://www.wsfa.com/story/29618627/jury-reaches-phase-1-verdict-in-co-theater-killer-trial

Certainly, the choice of a movie theater as the target for this psychopath makes the connection to the Aurora shooting like something out of a horror movie.  As the victims of this pathetic act struggle to recover, the shooter appears to have decided to take his own life.  To that I say "Good, as his torment in hell has only just begun". 

Future Threats of Violence

In a country with such a great degree of freedom such as ours, acts of unspeakable violence are unavoidable.  We do not wish to live in a police state, and these unfortunately are the consequences of our free society.  However, a larger issue is one that the media will almost certainly ignore: My greatest fear has long been that Islamic Extremists and other terrorist groups will learn that "home-run" terrorist attacks such as 9/11 are extremely difficult to pull off, especially in today's climate.

However, a group of three men strategically entering into a crowded shopping mall with homemade explosives and fully automatic weapons and backpacks of ammunition could wreak havoc on the entire mall population.  This is similar to the scenario that played out in Norway, when a shooter murdered 75 people and injured over 200 more.  This is truly the scariest scenario and evidence does suggest that terror groups and extremists of all stripes have caught on.

I pray for the victims and the families of the victims who had to undergo such depravity while trying to enjoy a summer movie with their friends and families.  The murderer has killed himself, a fate that he truly did deserve. 

Longwood, Florida Remembers "The Senator Tree" of Central Florida.

The Senator Tree in Seminole County, Florida

Long-time residents of Central Florida will remember the very large tree of Central Florida, nicknamed "The Senator Tree", in 1927 after State Senator Moses Overstreet.  At one point in time, this tree was impressively gigantic, 165 feet tall.  This towering tree became an icon for Seminole County, Florida and was adored by Central Florida Residents.

The End of an Icon

Before the tree earned it's nickname, in 1925 a Hurricane reduced the height of the tree from 165 feet to 138 feet.  In 2012, the massive tree had lost more height due to age, and stood a still impressive 118 feet tall.  However, Seminole County lost an icon that year.  The Big Tree did not survive the ferocious flames set by a 26 year-old woman who told police that she set the fire "because it was too dark, and she wanted to see the drugs that she was using".  The "Senator Tree" was a total loss. 

Seminole County Remembers The Senator Tree

The tree as it once stood is lost forever, however, residents of Seminole County, Florida still have the opportunity to see a piece of this great Central Florida landmark.  Through September 30th, 2015 Longwood, Florida residents and visitors will be able to review various pieces of artwork that are made from the charred timbers of the fallen grand tree. Additionally, pieces of the Senator Tree have been donated to the U.S. National Herbatorium Museum in Washington D.C.  If you are interested in checking out this great piece of Central Florida history, the details are below:

Beginning this weekend, we can see more than 100 of the results at the Museum of Seminole County History, in an exhibition titled "The Senator's Sculptures: Ancient Wood Reborn." The work of 18 artists, it will be on display through Sept. 30.

www.byrdlawfirm.org

Josh Duggar of TLC's 19 Kids and Counting

Should TLC's Josh Duggar Be Forgiven?

Josh Duggar is an admitted child molester.  It may be true, that his actions were roughly a decade ago, but this doesn't change the fact that he victimized his family members and impacted the lives of several young women in the process.  He may be indeed be a reformed man, however, sex offenders without extensive treatment are highly likely to re-offend.  We now know that Josh Duggar sexually took advantage of five girls when he was younger.  However, is that the full extent of his victimization of children?  We will never know.

A Pedophile with 19 children.

Clearly, no evidence exists that Josh Duggar has molested any of his nineteen children, my hope is that nothing ever happened, but the concern is there.  Josh is focusing on how God has forgiven him, as a believer myself, this has always bothered me.  Josh will not know if God has truly forgiven his actions until he is before the Lord at that time of Final Judgment.  God may forgive him, assuming that Josh has repented and lived a clean life following his despicable acts.  However, this does not mean that we as the public should forgive him.  Josh committed heinous sexual acts that should have been prosecuted, and Josh should have met the punishment that every other sexual offender/sexual predator under the same circumstances would have met, prison time, and a long sentence at that.

Depending on the specific acts that Josh Duggar did in his victimization of these young women, in a State like Florida he would have been likely facing up to life in prison or at minimum a decades-long sentence.  In Florida, Josh would have been labeled as a Sexual Offender/ Sexual Predator and would have had stringent requirements for the rest of his life.  Josh Duggar would not be an affluent reality television star, no, not even close.  If Josh Duggar had been prosecuted for his crimes, he would be a man who would struggle to find a job, to find a place to live, and to find acceptance in society.  Plenty of good people's lives have been ruined based on sex offenses that they either did not commit or were petty in nature (Georgia oral sex case comes to mind).  But Josh Duggar gets a reality tv show and notoriety.  The mistakes of the past have a funny way of catching up to people, and Josh Duggan is finally, after all these years, receiving his punishment.

What about his family and his wife?

I have no idea what the thought process of his wife was when she found out Josh Duggar's illegal sexual acts, but, she should not be dragged through the mud for all of this.  His wife made a questionable decision when it came to accepting his past, however, she did not commit the sexual molestation.  His wife is now another victim of Josh Duggar.  She is undoubtedly receiving extreme criticism for her knowledge of his acts, and that is not fair.  By all knowing accounts, she has lived a good life, and has done good by her children.  Her life does not deserve to be turned upside down by the past deeds of her husband.

The same goes for the family, both the children and the extended family.  The children now have to live with the fact that their father was a child molester.  This is an awful revelation for any child or grown adult.  Nevertheless, they are now subjected to the relentless media hounding that accompanies a revelation as large as this.  I do sincerely hope for the best for the family of Josh Duggar, but as for Mr. Duggar himself, he should not be forgiven.  TLC should pull the plug once and for all on his TV show.

www.byrdlawfirm.org

Orlando Thief Caught By Leaving Behind Receipt with His Name and Address

An Orlando, Florida man, Demetrius Washington, was arrested on June 1st, 2015 when he left his real name and address on a "pawn" receipt regarding copper and metal that he sold off from a local Orlando scrap yard.  This information enabled Orlando law enforcement to locate him and upon their questioning of Mr. Washington he apparently admit to not only selling the air conditioner for scraps but to stealing it as well.

The tale of Orlando's own Mr Washington is a lesson to anyone that is facing potential criminal charges, it is almost always wiser to invoke your Constitutional right to remain silent.  If the only evidence against Mr. Washington had been the sale of the air conditioning unit, it would have been hard to prove beyond a reasonable doubt at trial that he was the one who stole the property.  It is true that the Orlando prosecutors would likely obtain the presumption of recently stolen property in the jury instructions, but this could be overcome by a simple explanation that the defendant merely acted as a "fence".

Additionally, without this admission by the defendant, even the dealing in stolen property charge would have not been a slam dunk.  The defense could have provided the suggestion that he may have picked up the air conditioner during an Orlando "bulk trash" night, or found it in an Orlando dumpster.  Unfortunately for Mr. Washington, he has now provided the State of Florida and my former colleagues at the State Attorney's Office in Orange County, ample evidence to convict him of: Dealing in Stolen Property, Grand Theft (could be a serious issue with proving the value), and the Burglary charge (as the property was removed from a structure).

 www.byrdlawfirm.org

University of Central Florida Crime. UCF crime increasing.

I am not going to hide my displeasure with the University of Central Florida Police Department.  During my tenure as an Assistant State Attorney in Orange County, Florida, I saw first-hand how ineffective and petty that this Police Department can be.  The recent partnership with Orange County Sheriff's Office was nothing more than an opportunity for the University of Central Florida Police to save face under public scrutiny.  The far superior and infinitely more powerful Orange County Sheriff's Office will undoubtedly take on a more active role in the UCF area.  But this begs the question, are the UCF Police really a necessary expenses? Or would this money be better used if the funds were allocated to OCSO?

As a prosecutor I saw that certain UCF Police Officers got their kicks from writing petty criminal citations and would even complain if the fine that the student received in their criminal case was not high enough (and no, the individual officer does not get any of this money).  Whereas, agencies such as Orlando Police Department, Winter Garden Police Department, and OCSO were for the most part highly effective and professional, UCFPD simply lagged behind in a major way. 

Understandably, the UCFPD does not have anywhere near the resources of the larger agencies but this does not excuse their lack of patrol priorities in the area.  Instead of focusing on Disabled Parking Permit criminal citations and marijuana and alcohol arrests, the agency would be better served attempting to thwart the criminal gang activity in the area directly adjacent from UCF. 

Criminal offenses are on the rise in the UCF area, and this is a scary proposition for college students and their parents.  Just last week, a man burst through the door of a woman's apartment and attempted to rape her.  The victim was able to fight the suspect off, but the experience for her was terrifying nonetheless.  A gang issue persists in and around the area of UCF, and without a concerted law enforcement effort in the area... It will get worse. 

Here is the link for the news article regarding the attempted rape
http://www.wftv.com/news/news/local/search-continues-man-who-tried-rape-ucf-student/nmNX5/

Central Florida Beaches and Rip Currents

This Memorial Day weekend in Central Florida was a tragedy for a few families on the beaches of Florida's Eastern Coast.  Three people died after being taken too far offshore due to the rip currents present on the beaches.  More than 500 people had to be rescued as well because of the rip currents taking them out to sea.

Having grown up in Central Florida, I know of the vicious rip currents that are commonplace amongst the beaches of the East Coast of Florida during Late-May to Mid-June.  For those who have never been caught in a rip current, they are very deceiving.  Rip currents, at least as I have experienced, are not violent; they consist of a relatively calm sea chop that causes a person to quickly drift further offshore and generally not in a straight direction.  Ten minutes out in the water in a rip current could easily take you more than 500 feet offshore.

Even though a rip current is not generally "rough" per se.  They can be, the near constant chop can make it difficult to swim, as the seawater continuously hits you in the face as you paddle towards the shore.  It is true, you must paddle diagonally when adrift in a rip current, and you must not expend all of your energy in a furious paddle.  With a determined, calm, and constant breaststroke, you should be able to break through the pull of the rip current and regain your lost ground.  It is heartbreaking to see anything lose their life, but especially to something as simple as a rip current.

ByrdLaw, P.A. appreciates the effort of the lifeguards at the Central Florida beaches who rescued more than 500 people this weekend.  The lifeguards couldn't save everyone, but considering the huge number of people adrift at sea this past weekend, they did an awesome job, and should be commended for their dedication.

www.byrdlawfirm.org

Central Florida Criminal Law Tips (NOT LEGAL ADVICE) to Providing the Least Evidence in a DUI Investigation.

This is strictly a legal guide for what to do when you have pulled over by the police in Florida and you know that you may very well have been drinking too much. A DUI is a misdemeanor with life-altering consequences as there are mandatory minimum penalties for even a first-time DUI in Florida.

1. What to Do When Pulled Over

   1. Turn off your vehicle, turn your interior lights on, do your best to gather all of your paperwork (driver's license, insurance card, registration) before the Law Enforcement Officer arrives at your window. 2. Maintain your hands on the steering wheel, and when the Officer arrives at your window simply provide your documents. 3. Do not make admissions about drinking. 4. Do not attempt to explain in detail where you are coming from, (this can be difficult when impaired), instead invoke your fifth amendment rights.

2. The Field Sobriety Exercises

   1. Assuming you are noticeably under the influence, a Law Enforcement Officer will eventually ask if you will perform some Field Sobriety Exercises (FSEs), politely decline and say "they are a false test of a persons faculties". 2. A properly trained Law Enforcement Officer will then inform you of the "Safe Harbor Doctrine", this requires an Officer to inform you that if you fail to perform the exercises, that he/she will have to make their probable cause determination based on what they have seen thus far. In plain language this means that you are almost certainly going to jail, but remain steadfast and decline to perform the FSEs. 2. Do not speak or ramble, the Officer will be able to hear the slurring or over-enunciation in your voice if you do. 3. When you have been arrested, do not speak and simply sit in the vehicle silently on your way to the jail.

3. The Breath Test (EXTREMELY IMPORTANT)

   1. Assuming that there was not a breath test machine in the Officer's vehicle, you will be given the opportunity to provide a breath sample (two actually) at the DUI Breath Center. There will almost certainly be another person in the room with you, the breath test operator. 2. Remain quiet, only answering direct questions (such as name and whether you wish to perform the breath test) 3. There is a very significant chance that there may be a video pointing directly at your face in the DUI breath center, it is EXTREMELY IMPORTANT THAT YOU APPEAR AS SOBER AND ALERT AS POSSIBLE AS THIS VIDEO CAN AND WILL BE USED AS EVIDENCE EITHER FOR OR AGAINST YOU AT TRIAL. 4. During this process, you should inquire as to wanting to speak to an attorney, you will then be read a ruling from the District Court of Appeal that informs you that at this stage of the proceedings you do not have a legal right to an attorney, which will seem to fly in the face of the Miranda Warnings that you have just been read. 5. The breath machine will begin to warm up, you will then be asked if you would perform a breath test, you should now answer "no, I heard about the problems with the machine", and then say nothing more. 6. You will then be read Florida's Implied Consent DUI warning which will inform you that you will lose your license for a period of up to one year. This warning intends to confuse or pressure a person into providing a breath sample, decline again "the machine has had problems, no". 7. THROUGHOUT THIS ENTIRE PROCESS IT IS IMPORTANT TO REMEMBER TO BE POLITE AND TO COURTEOUS AND TO NOT SPEAK UNLESS NECESSARY, AND NEVER MAKE ANY ADMISSIONS OF GUILT. REMEMBER, SOME OR THE ENTIRE INVESTIGATION MAY BE ON VIDEO.

Additional resources provided by the author

This guide is not geared necessarily towards those drivers who are on the borderline. This is a helpful guide for those drivers who know that they shouldn't have been driving and made a regrettable mistake to get behind the wheel.

 

 

 

ByrdLaw Memorial Day Post

    

    In honor of the brave men and women who put on the uniform of the U.S. Military or who have put on the uniform, I extend my sincere appreciation for your service and your sacrifice.  So many of our soldiers have given the ultimate sacrifice for our country, they have lost their lives through military exercises at home, the cowardly terrorist act by a former U.S. Army Major at Ford Hood, and through combat overseas.  None of us who has never served can truly understand the sacrifice that these soldiers go through.  Often, their lives are torn apart by ineffective mental health treatment upon their return.  Sometimes their wives or husbands turn away from them because of the strain that being away for so long puts on their relationship, and for some, they never come home.  

    The U.S. Military soldier faces a reality that not even the citizens of the worst neighborhoods in the country faces.  That is, every day, they have a very significant chance that they will not live to see another day.  That they will not see their loved ones, and their friends.  The story of Chris Kyle and Chad Littlefield is a reminder, a reminder that the threat of death does not end when they leave the battlefield.  Mr. Kyle and Mr. Littlefield were murdered in the most heinous way imaginable... by a fellow soldier, a marine.  While their deaths certainly were not the norm, it does highlight the risks that military service puts on these hero's life after combat.  The suicide rate among military service members and former military service members is astronomically higher than the regular American population. 

    Additionally, in the age of social media, military service members and their families face a new kind of threat.  The threat from Islamic and Anti-American extremists who would love nothing more than to kill an active duty military service member or an inactive service member.  Recently, the United States government learned of a "hit list" geared towards 100 military service members and their families, which even included their addresses.  This is a very real concern, and adds to the concerns of those who have served and have continued to serve in the military.  The U.S. military continues to be the most professional and effective military force on the planet, and it is because of those that serve, that we have all of the rights that we do today.  God bless the U.S. Military, it's servicemen and women, and the families of those who serve, or have lost someone who served. I make a personal dedication of this post to my father, John A. Byrd, who was lucky enough to retire from the United States Military. 

Death Penalty For the Boston Bomber

As a criminal defense attorney it may seem strange to see someone admit to their support for the death penalty.  But I am a fervent supporter of capital punishment when it is warranted.  This case... it was more than warranted.  The act of cowardly terrorism that this low-life committed against the victims and our country required, yes required, the death penalty.  The death penalty should always be an option, because some offenses are so depraved, and so vicious, that the only appropriate punishment for the criminal is for them to be executed.  Sure, undoubtedly innocent people have been executed, and we must be very cautious about when the ultimate penalty is handed down.  However, in cases where there is no doubt as to the guilt of the person, and the crime is so horrible; the death penalty should be an easy choice.  Make no mistake, this terrorist deserves what is coming to him. 

 www.byrdlawfirm.org

Singles Plus Dating Service

A Central Florida dating service is under investigation for shady business practices after the company collected thousands of dollars from customers for services that they never received.  The company which is one of the many dating services on the web focuses on the Central Florida area.   There is a potential class-action lawsuit centering around this company that may be filed soon if these allegations are real.  This possible scandal begs he question... Are dating services worth the risk?  Some dating websites are hardly "dating" websites and focus almost solely on casual sex.  Other dating websites are expensive and there are slim pickings.  I am of the opinion that in order to meet your potential "other-half", you just have to get out there an meet people, the old fashioned way. 

 www.byrdlawfirm.org

Universal Orlando Snubs Jurassic World for King Kong...

This post is purely non-legal and Universal Orlando  is becoming a dissapointment.  Ever since General Electric relinquished control over Universal over to NBC, their product has been dissapointing.  The first Harry Potter was a massive success and made sense at the time as the Harry Potter craze was still in full swing, but Gringots??? Gringots was a brutally expensive ride opened when the decline in the Harry Potter fandom had already begun.  What about Tranformers?  Well, that ride is mediocre at best let's face it.  It is literally the Spider-Man ride system with less set-design and more screens.  Hallloween Horror Nights?  Seemingly less innovative each year, and purely capitalizing on the success of intellectual properties such as The Walking Dead.  Three years in a row Universal, really? 

The long-rumored attraction King Kong is coming to Universal in an official announcement today.  The excitement for this news was just huge! Well actually, no it wasnt, no one cares because King Kong is a loser property that has very few followers.  Shocking that Universal didn't have the foresight to realize that they already have a Jurassic Park attraction that needs attention and is showing its age, and with a new movie coming out that may make a billion dollars, that a Jurassic World ride would make sense as well as upgrading the Jurassic Park River Adventure.  Instead, they have settled on King Kong.  Maybe Universal wants out of the theme park business, maybe sabotage is their intention, because they just cannot be this stupid.

The decline in the quality of Universal's rides can be traced back all the way to when Back to the Future was replaced.  Don't get me wrong, back to the future was an aging ride that showed its fair share of wear, but did it really need to be replaced?  Much less, replaced by the Simpsons?  A show that had been dying a slow death for more than a decade?  Or was it when Jaws, a fan favorite, was removed to clear space for other lackluster projects.  I am not sure, but one thing is clear, Universal will continue playing second fiddle to Disney, maybe next the Spider-Man ride will be replaced in favor of a Teletubbies attraction.

http://www.mynews13.com/content/news/cfnews13/on-the-town/article.html/content/news/articles/cfn/2015/5/6/universal_orlando_something_huge.html

A Harrowing Experience on Old Winter Garden Rd. in Orlando, Florida

Tuesday, May 5th, was a harrowing day for one woman on Old Winter Garden Road in Orlando, Florida.  The Orlando Police Department received a call in reference to a battery, but upon their quick arrival they learned that the situation was much more serious than that.  Witnesses saw that the man actually struck the woman's car with his vehicle intentionally and then fled the scene of the crime.  This caused the woman (the victim of this crime) to literally fall down into a ditch. 

Luckily, the victim's neighbors in the area of Old Winter Garden Rd. in Orlando, Florida spotted the suspect just a few blocks away.  Luckily, quick action from the citizens of Orange County, Fire Rescue and the police resulted in the apprehension of the suspect and the victim being safely removed from her vehicle.  Great work by all involved.

http://www.clickorlando.com/news/police-respond-to-battery-call-arrive-to-hitandrun/32829510

If you ever find yourself in legal trouble, please do not hesitate to contact the ByrdLaw Firm. www.byrdlawfirm.org

String of Deadly Tornadoes hits the middle of the Country.

Tonight, our thoughts and prayers need to be with our fellow citizens in  Oklahoma, Kansas, and Nebraska as what seems to be an annual occurence of midwestern devastation in the form of tornadoes has hit the heartland.  The good and hard-working people of these States have lost their money, their property, and we hope that the loss of life or injuries are non-existent or at least kept to a minimum.  These people are aware of the danger in the area, and I believe that you will see that many took the precautions necessary to maximize their chance of survival.  God bless those hit by the tornadoes.