Criminal Defense Attorney Ken Eulo from Smith & Eulo joins us Monday's to answer your legal questions that are criminal law-related, He also offers insight to some of the high-profile cases making their way through the legal system here in Florida and the U.S.
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Speaker 1 (00:00):
Go. It's time for a criminal law one oh one
with criminal defense attorney.
Speaker 2 (00:07):
Can you oh, from the law firm of.
Speaker 1 (00:09):
Smith U on one oh one one wj R R.
We are Orlando's rock station. I'm bad Lane's Taco's here, Ken,
you love, Good morning, sir, Morning, gentlemen. How are we
doing today? Doing all right? Ready to talk some uh
some legal Lee's here with you. We've got a few
questions have come in from listeners, and I get something
(00:29):
I wanted to run by you that's currently in front
of the Supreme Court, which could have kind of a
big change if they rule one way or the other.
We'll get to that here in a minute. Two two
five two six is our text line if you ever
want to use that to interact or you know, send
over questions for this segment. Ken is here every Monday
at this time. He is from Smith and Ulo, a
(00:51):
fine criminal defense firm here in central Florida. You guys
have seen done and defended at all.
Speaker 2 (00:59):
That is correct, every every case there is, all the
way from a little traffic ticket all the way up
to most serious felony.
Speaker 3 (01:05):
His direct email Ken at Smith and you Loo dot com.
You log is spelled EU l o uh. Does Florida
recognize or honor the Brady List with law enforcement?
Speaker 1 (01:21):
Yeah?
Speaker 2 (01:21):
I mean so, I mean obviously there's there's disclosures that
that every prosecutor must make, right So when there's evidence
that's favorable to the defense, they have to turn it over. So,
I mean we'll often get those those notices via via
you know, e delivery. What they'll do is they'll fire up,
they'll file up a Brady notice and kind of let.
Speaker 1 (01:41):
Us explain what that is.
Speaker 2 (01:42):
Yeah, yeah, I mean so basically it's just all of
the you know stuff it's favorable for you, Right, So,
if there's a cop that was put on administrative leave
or something like.
Speaker 1 (01:49):
That, they have to turn that over. Or if a
cop was.
Speaker 2 (01:53):
You know, suspended for you know, doing something improper or
legal stuff like that. I mean, anything that is that
is favorable for the defense they have to turn out.
So they can't they can't basically take their case and
pigeonhole it and only give you the bad stuff. They
have to give you the good, the bad, and the
ugly pretty much all the way through.
Speaker 1 (02:13):
Makes sense.
Speaker 3 (02:15):
That is a if you're a salaried employee works sixty
plus hours, can you still collect overtime pay. I'm working
between sixty to seventy hours per week getting paid for forty.
Speaker 1 (02:29):
I love these questions, you know.
Speaker 2 (02:30):
I you know, go to law school, right, and you
you learn everything right, but then you kind of focus
and he's.
Speaker 1 (02:37):
Not a critical question.
Speaker 3 (02:39):
I tried fishing to them all guys, all right, here's one.
Speaker 1 (02:43):
So here's one, and it's quite confusing.
Speaker 3 (02:46):
So I had a battery charge and a tampering with
a witness charge. I was in a program, but then
my son's father said he was no longer cooperating with
the state. Are the charge on my record? Will they
be held against me? How do I find out if
they were removed or if they're still there still on
(03:07):
my record?
Speaker 2 (03:08):
If?
Speaker 1 (03:08):
But even though I was not convicted.
Speaker 2 (03:11):
So you know, it sounds like, you know, usually when
you hear language like in a program, what that usually
refers to is some sort of drug program, for example,
like they have the Phoenix House. You go and you
do some sort of residential treatment. So it sounds like,
you know, even though there was no conviction, sounds like
there was maybe some sort of treatment or probationary period.
(03:33):
It was required or mandated them to go to some
sort of in house treatment program, which is what I
kind of gleaned from the letter. So if there's a
violation of probation, and again I don't know the full
scope of it, I see the paragraph, but if there
was a violation, they can still go back to court,
they can still go back to jail. So I don't
know fully what's going on with that, But then maybe
(03:54):
flesh that out a little more. I would suggest that
they reach out to our law firm. We can kind
of flesh through and see if that case is still there.
We can look to see if there's a violation out
there and see if maybe there's an early term that
we can kind of pursue.
Speaker 1 (04:06):
You guys, offer consultations, Yeah, free consultation ye. Ken at
Smith and Ulo dot com. Get with him after the
show and maybe he can get a little more detail
from you and help you out there.
Speaker 3 (04:17):
Smith and Eu l O dot com, Smith and Ela
Kennet Smithaneula dot com.
Speaker 1 (04:24):
Uh, this one is a book, but I'll summarize it.
Speaker 3 (04:29):
Person's mom passed away, boyfriend was still living at the house, Okay,
the mom's house, and the sister and I started noticing
bank accounts without his name on them making purchases. Is
this a criminal act? He was using the deceased mother
in law's credit cards and his name's not on him.
What's the best route to go?
Speaker 2 (04:51):
Yeah, I mean that it seems like a pretty straightforward
identity theft basically use it, you know, theft, grand theft.
I mean, it's a there's there's multiple crimes that are
kind of combined with those set of facts. I mean, whenever,
you know, it's funny, we actually get calls from people saying, hey,
this person committed a crime against me.
Speaker 1 (05:07):
What do I do? So call the police? Step one,
call police, so that that would be my first my
first suggestion is called the police.
Speaker 2 (05:16):
And then obviously you know as as a as a
law firm that that handles kind of a wide variy
of things. What we do is sometimes if you feel
like you're part of the victimization in this and maybe
you know, you feel that you want to get involved,
we do offer for you know, lesser amounts of money.
We offer like victim representation where we kind of will
(05:37):
walk the victim through what to do and we will
be there for different court hearings and kind of talk
to the prosecution for them and kind of be their
their advocate throughout the process. So that is something you
know that we do offer, but always the first step
is called law enforce.
Speaker 1 (05:51):
May you want to try to get those credit cards
turned off too? For sure? Oh? God, yeah? Yeah. So
there is a case it's going to go in front
of the US Court that originates here in Florida and
it has to do with the state of Florida and
several other states that permit six person juries rather than
(06:12):
twelve person juries and certain circumstances. I was curious to
get your perspective as a criminal defense attorney when your
go to litigation dealing with a six person jury versus
a twelve person jury versus a bench trial, if it's
just a judge is going to hear the evidence and
make the ruling. As an attorney, do you approach those
(06:34):
differently or have a preference.
Speaker 2 (06:37):
So I will say this, the twelve person juries, it's
there's there's not many of them, right, It's the it's the.
Speaker 1 (06:42):
Capital cases, capital cases.
Speaker 2 (06:44):
So I have done them right. And again I've never
done a capital case per se. We have lawyers that
are firm to do that, but there are capital cases
where they're not actually pursuing the death penalty, and they
will and they will still panel a twelve jury and
those so I have.
Speaker 1 (07:01):
Done those cases.
Speaker 2 (07:03):
That being said, you know, obviously they make it larger,
they give you more peremptory challenges, and the reason why
they do that is they want to make sure one
hundred percent we're getting this right. It tends to favor
the defense, right because the more people that you have
on the jury, you know, the more that somebody, you know,
one of those twelve can say, you know, I think
(07:25):
that there's a not guilty here. And even if you
get eleven people saying, hey, this is this is guilty,
that one person kind of pops out and hang it
all up.
Speaker 1 (07:32):
Yeah. So you know, obviously you want you want more
as a.
Speaker 2 (07:38):
As a defense counsel, especially on the tougher cases where
you think, hey, this is not not a winning case.
You can just get that one person to kind of
pop in and say that it's a win, right, and
then and then it's a mistrial and all that sort
of stuff.
Speaker 1 (07:50):
As an attorney, when you guys go through the juror
perspective jury screening process before the trial actually starts, and
then they impanel the jury and you're giving your slight
your set number of strikes you're permitted. Is a strike
opportunity more important to you versus getting somebody who is
a prospective jury that clearly might be on the same
(08:10):
page as you through which do you know what I'm saying,
that's a great question.
Speaker 2 (08:15):
So I think that it's not necessary. I mean, there
is an element to striking people that you don't like.
But you know, when you're going through the list, picture, like,
you have this list and you're like, man, that person
really is who I want to get on my jury.
And then I got maybe three people before that person
that I definitely they're okay, maybe one's really bad, one's
(08:36):
kind of eh, and the others, you know, maybe maybe
two kind of like neutral, one bad, and then you
have your really great person.
Speaker 1 (08:44):
Right.
Speaker 2 (08:44):
You might use peremptory challenges on kind of just average
people though not necessarily bad or whatever, but you want
to get to your good person. So you are kind
of analyzing the big board and you're saying, Okay, I
need to get to that person because we have a
great connection.
Speaker 1 (08:59):
And then you have to hope that the opposing counsel
doesn't strike your preference after you just yeah, but three
others that would have been okay, but yeah.
Speaker 2 (09:09):
And now you have to look at that too, right,
because then you might have after your really great person
to really horrible people.
Speaker 1 (09:16):
Yeah, and if you use all of your peremptory, you're screwed.
Speaker 2 (09:19):
And to get to that person and they go, okay,
we're a challenging that person, and you get a horrible person.
Speaker 1 (09:23):
So there's there's a balance.
Speaker 2 (09:24):
And you're definitely looking at everything and all the things
that you have left, and it's you're making tough decisions.
Speaker 3 (09:29):
And I know what some of our listeners are thinking
right now, what's the way to be a horrible juror
that you're going to kick out?
Speaker 1 (09:37):
You really want to know?
Speaker 2 (09:39):
No, I mean, I mean I think that most people,
if they're if they're just genuinely honest about about themselves,
I think you should be as honest as possible. People
are scared to be honest, right For example, you know,
I think human nature says I want to hear from
both people, right, Yeah, And obviously I would you know,
if you genuinely need to hear from both people, but
(09:59):
you're scared to raise your hands and the thing raise
your hand and say, hey, you know.
Speaker 1 (10:03):
I need to hear from both people.
Speaker 2 (10:05):
Most defense attorneys are gonna are gonna strike you for
cause at that point, because you have right through main
silent right.
Speaker 3 (10:11):
So yeah, I know that I use the excuse of hey,
I work in radio, thinking that they would go, we
don't want somebody the media in here. And the judge
loved that, you know why, because then I could go
on the air and tell people, hey, it's a really
cool experience to go through jury duty.
Speaker 1 (10:28):
I would just say, be honest, right, which is exactly
what Bob did not do. No, I did say it
was a very interesting case.
Speaker 3 (10:34):
And I also said that I talked about the thing
while I was at lunch, you know, was I'm supposed
to do. And I had a beer while I was
at lunch.
Speaker 1 (10:41):
I was do you know, as a criminal defense attorney,
would you prefer going against a jury or a bench
trial where it's just the judge.
Speaker 2 (10:50):
So, you know, those are always interesting questions most instances,
is a defense attorney.
Speaker 1 (10:55):
You're gonna you're gonna prefer a jury?
Speaker 2 (10:56):
Yeah, there are those really, you know, certain cases in
certain judges where I've genuinely said to myself, you know
this is a very fair judge, and I really you know.
Speaker 1 (11:10):
I respect this judge. I think this judge is going
to do the right thing.
Speaker 2 (11:14):
And I think this that of facts is perfect for
this judge and this situation. And I have actively pursued
a bench trial in those situations. Do I do I
think it's the norm. No, it's not THEA did you
usually prevail when your gut told you that? You know
what I'll say, this is a funny story. Is that
every single time that I sought that with a certain
judge and I had this this gut instinct that that
(11:34):
judge was going to give me the what I what
I needed, the state fought me every time on it. Right,
So they so you have to get kind of a consensus.
The client has to go for, state has to play for.
Everybody has to kind of go for it, and if, if, if,
if anybody is not on the same page, they can force.
Speaker 1 (11:50):
Togo. Let's get Kin's info out there again. If you
need a criminal defense firm in your corner, they're a
good one. They can help you out, Like he said,
anything from a criminal parking or traffic situation all the
way to birth the grade murder. They do it, been there, done.
Speaker 3 (12:05):
It, Ken at Smith and at ulo dot com. That's
Smith and A N D e U l O dot com.
Speaker 1 (12:13):
Can we appreciate it? Appreciate you guys. All right man,
we'll see you next week. Next week on demand, download
the iHeartRadio app. All right Home
Go. It's time for a criminal law one oh one
with criminal defense attorney.
Speaker 2 (00:07):
Can you oh, from the law firm of.
Speaker 1 (00:09):
Smith U on one oh one one wj R R.
We are Orlando's rock station. I'm bad Lane's Taco's here, Ken,
you love, Good morning, sir, Morning, gentlemen. How are we
doing today? Doing all right? Ready to talk some uh
some legal Lee's here with you. We've got a few
questions have come in from listeners, and I get something
(00:29):
I wanted to run by you that's currently in front
of the Supreme Court, which could have kind of a
big change if they rule one way or the other.
We'll get to that here in a minute. Two two
five two six is our text line if you ever
want to use that to interact or you know, send
over questions for this segment. Ken is here every Monday
at this time. He is from Smith and Ulo, a
(00:51):
fine criminal defense firm here in central Florida. You guys
have seen done and defended at all.
Speaker 2 (00:59):
That is correct, every every case there is, all the
way from a little traffic ticket all the way up
to most serious felony.
Speaker 3 (01:05):
His direct email Ken at Smith and you Loo dot com.
You log is spelled EU l o uh. Does Florida
recognize or honor the Brady List with law enforcement?
Speaker 1 (01:21):
Yeah?
Speaker 2 (01:21):
I mean so, I mean obviously there's there's disclosures that
that every prosecutor must make, right So when there's evidence
that's favorable to the defense, they have to turn it over. So,
I mean we'll often get those those notices via via
you know, e delivery. What they'll do is they'll fire up,
they'll file up a Brady notice and kind of let.
Speaker 1 (01:41):
Us explain what that is.
Speaker 2 (01:42):
Yeah, yeah, I mean so basically it's just all of
the you know stuff it's favorable for you, Right, So,
if there's a cop that was put on administrative leave
or something like.
Speaker 1 (01:49):
That, they have to turn that over. Or if a
cop was.
Speaker 2 (01:53):
You know, suspended for you know, doing something improper or
legal stuff like that. I mean, anything that is that
is favorable for the defense they have to turn out.
So they can't they can't basically take their case and
pigeonhole it and only give you the bad stuff. They
have to give you the good, the bad, and the
ugly pretty much all the way through.
Speaker 1 (02:13):
Makes sense.
Speaker 3 (02:15):
That is a if you're a salaried employee works sixty
plus hours, can you still collect overtime pay. I'm working
between sixty to seventy hours per week getting paid for forty.
Speaker 1 (02:29):
I love these questions, you know.
Speaker 2 (02:30):
I you know, go to law school, right, and you
you learn everything right, but then you kind of focus
and he's.
Speaker 1 (02:37):
Not a critical question.
Speaker 3 (02:39):
I tried fishing to them all guys, all right, here's one.
Speaker 1 (02:43):
So here's one, and it's quite confusing.
Speaker 3 (02:46):
So I had a battery charge and a tampering with
a witness charge. I was in a program, but then
my son's father said he was no longer cooperating with
the state. Are the charge on my record? Will they
be held against me? How do I find out if
they were removed or if they're still there still on
(03:07):
my record?
Speaker 2 (03:08):
If?
Speaker 1 (03:08):
But even though I was not convicted.
Speaker 2 (03:11):
So you know, it sounds like, you know, usually when
you hear language like in a program, what that usually
refers to is some sort of drug program, for example,
like they have the Phoenix House. You go and you
do some sort of residential treatment. So it sounds like,
you know, even though there was no conviction, sounds like
there was maybe some sort of treatment or probationary period.
(03:33):
It was required or mandated them to go to some
sort of in house treatment program, which is what I
kind of gleaned from the letter. So if there's a
violation of probation, and again I don't know the full
scope of it, I see the paragraph, but if there
was a violation, they can still go back to court,
they can still go back to jail. So I don't
know fully what's going on with that, But then maybe
(03:54):
flesh that out a little more. I would suggest that
they reach out to our law firm. We can kind
of flesh through and see if that case is still there.
We can look to see if there's a violation out
there and see if maybe there's an early term that
we can kind of pursue.
Speaker 1 (04:06):
You guys, offer consultations, Yeah, free consultation ye. Ken at
Smith and Ulo dot com. Get with him after the
show and maybe he can get a little more detail
from you and help you out there.
Speaker 3 (04:17):
Smith and Eu l O dot com, Smith and Ela
Kennet Smithaneula dot com.
Speaker 1 (04:24):
Uh, this one is a book, but I'll summarize it.
Speaker 3 (04:29):
Person's mom passed away, boyfriend was still living at the house, Okay,
the mom's house, and the sister and I started noticing
bank accounts without his name on them making purchases. Is
this a criminal act? He was using the deceased mother
in law's credit cards and his name's not on him.
What's the best route to go?
Speaker 2 (04:51):
Yeah, I mean that it seems like a pretty straightforward
identity theft basically use it, you know, theft, grand theft.
I mean, it's a there's there's multiple crimes that are
kind of combined with those set of facts. I mean, whenever,
you know, it's funny, we actually get calls from people saying, hey,
this person committed a crime against me.
Speaker 1 (05:07):
What do I do? So call the police? Step one,
call police, so that that would be my first my
first suggestion is called the police.
Speaker 2 (05:16):
And then obviously you know as as a as a
law firm that that handles kind of a wide variy
of things. What we do is sometimes if you feel
like you're part of the victimization in this and maybe
you know, you feel that you want to get involved,
we do offer for you know, lesser amounts of money.
We offer like victim representation where we kind of will
(05:37):
walk the victim through what to do and we will
be there for different court hearings and kind of talk
to the prosecution for them and kind of be their
their advocate throughout the process. So that is something you
know that we do offer, but always the first step
is called law enforce.
Speaker 1 (05:51):
May you want to try to get those credit cards
turned off too? For sure? Oh? God, yeah? Yeah. So
there is a case it's going to go in front
of the US Court that originates here in Florida and
it has to do with the state of Florida and
several other states that permit six person juries rather than
(06:12):
twelve person juries and certain circumstances. I was curious to
get your perspective as a criminal defense attorney when your
go to litigation dealing with a six person jury versus
a twelve person jury versus a bench trial, if it's
just a judge is going to hear the evidence and
make the ruling. As an attorney, do you approach those
(06:34):
differently or have a preference.
Speaker 2 (06:37):
So I will say this, the twelve person juries, it's
there's there's not many of them, right, It's the it's the.
Speaker 1 (06:42):
Capital cases, capital cases.
Speaker 2 (06:44):
So I have done them right. And again I've never
done a capital case per se. We have lawyers that
are firm to do that, but there are capital cases
where they're not actually pursuing the death penalty, and they
will and they will still panel a twelve jury and
those so I have.
Speaker 1 (07:01):
Done those cases.
Speaker 2 (07:03):
That being said, you know, obviously they make it larger,
they give you more peremptory challenges, and the reason why
they do that is they want to make sure one
hundred percent we're getting this right. It tends to favor
the defense, right because the more people that you have
on the jury, you know, the more that somebody, you know,
one of those twelve can say, you know, I think
(07:25):
that there's a not guilty here. And even if you
get eleven people saying, hey, this is this is guilty,
that one person kind of pops out and hang it
all up.
Speaker 1 (07:32):
Yeah. So you know, obviously you want you want more
as a.
Speaker 2 (07:38):
As a defense counsel, especially on the tougher cases where
you think, hey, this is not not a winning case.
You can just get that one person to kind of
pop in and say that it's a win, right, and
then and then it's a mistrial and all that sort
of stuff.
Speaker 1 (07:50):
As an attorney, when you guys go through the juror
perspective jury screening process before the trial actually starts, and
then they impanel the jury and you're giving your slight
your set number of strikes you're permitted. Is a strike
opportunity more important to you versus getting somebody who is
a prospective jury that clearly might be on the same
(08:10):
page as you through which do you know what I'm saying,
that's a great question.
Speaker 2 (08:15):
So I think that it's not necessary. I mean, there
is an element to striking people that you don't like.
But you know, when you're going through the list, picture, like,
you have this list and you're like, man, that person
really is who I want to get on my jury.
And then I got maybe three people before that person
that I definitely they're okay, maybe one's really bad, one's
(08:36):
kind of eh, and the others, you know, maybe maybe
two kind of like neutral, one bad, and then you
have your really great person.
Speaker 1 (08:44):
Right.
Speaker 2 (08:44):
You might use peremptory challenges on kind of just average
people though not necessarily bad or whatever, but you want
to get to your good person. So you are kind
of analyzing the big board and you're saying, Okay, I
need to get to that person because we have a
great connection.
Speaker 1 (08:59):
And then you have to hope that the opposing counsel
doesn't strike your preference after you just yeah, but three
others that would have been okay, but yeah.
Speaker 2 (09:09):
And now you have to look at that too, right,
because then you might have after your really great person
to really horrible people.
Speaker 1 (09:16):
Yeah, and if you use all of your peremptory, you're screwed.
Speaker 2 (09:19):
And to get to that person and they go, okay,
we're a challenging that person, and you get a horrible person.
Speaker 1 (09:23):
So there's there's a balance.
Speaker 2 (09:24):
And you're definitely looking at everything and all the things
that you have left, and it's you're making tough decisions.
Speaker 3 (09:29):
And I know what some of our listeners are thinking
right now, what's the way to be a horrible juror
that you're going to kick out?
Speaker 1 (09:37):
You really want to know?
Speaker 2 (09:39):
No, I mean, I mean I think that most people,
if they're if they're just genuinely honest about about themselves,
I think you should be as honest as possible. People
are scared to be honest, right For example, you know,
I think human nature says I want to hear from
both people, right, Yeah, And obviously I would you know,
if you genuinely need to hear from both people, but
(09:59):
you're scared to raise your hands and the thing raise
your hand and say, hey, you know.
Speaker 1 (10:03):
I need to hear from both people.
Speaker 2 (10:05):
Most defense attorneys are gonna are gonna strike you for
cause at that point, because you have right through main
silent right.
Speaker 3 (10:11):
So yeah, I know that I use the excuse of hey,
I work in radio, thinking that they would go, we
don't want somebody the media in here. And the judge
loved that, you know why, because then I could go
on the air and tell people, hey, it's a really
cool experience to go through jury duty.
Speaker 1 (10:28):
I would just say, be honest, right, which is exactly
what Bob did not do. No, I did say it
was a very interesting case.
Speaker 3 (10:34):
And I also said that I talked about the thing
while I was at lunch, you know, was I'm supposed
to do. And I had a beer while I was
at lunch.
Speaker 1 (10:41):
I was do you know, as a criminal defense attorney,
would you prefer going against a jury or a bench
trial where it's just the judge.
Speaker 2 (10:50):
So, you know, those are always interesting questions most instances,
is a defense attorney.
Speaker 1 (10:55):
You're gonna you're gonna prefer a jury?
Speaker 2 (10:56):
Yeah, there are those really, you know, certain cases in
certain judges where I've genuinely said to myself, you know
this is a very fair judge, and I really you know.
Speaker 1 (11:10):
I respect this judge. I think this judge is going
to do the right thing.
Speaker 2 (11:14):
And I think this that of facts is perfect for
this judge and this situation. And I have actively pursued
a bench trial in those situations. Do I do I
think it's the norm. No, it's not THEA did you
usually prevail when your gut told you that? You know
what I'll say, this is a funny story. Is that
every single time that I sought that with a certain
judge and I had this this gut instinct that that
(11:34):
judge was going to give me the what I what
I needed, the state fought me every time on it. Right,
So they so you have to get kind of a consensus.
The client has to go for, state has to play for.
Everybody has to kind of go for it, and if, if, if,
if anybody is not on the same page, they can force.
Speaker 1 (11:50):
Togo. Let's get Kin's info out there again. If you
need a criminal defense firm in your corner, they're a
good one. They can help you out, Like he said,
anything from a criminal parking or traffic situation all the
way to birth the grade murder. They do it, been there, done.
Speaker 3 (12:05):
It, Ken at Smith and at ulo dot com. That's
Smith and A N D e U l O dot com.
Speaker 1 (12:13):
Can we appreciate it? Appreciate you guys. All right man,
we'll see you next week. Next week on demand, download
the iHeartRadio app. All right Home
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