Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

A recent court ruling shows how hard it can be for families to hold police accountable when a loved one dies after officers decided not to intervene in a mental health emergency.

Imagine you call 911 multiple times because someone in your family is threatening to hurt themselves. Officers come, talk to your family member, and leave — telling you there’s nothing they can do. Then your family member dies that night. Can you sue the police?

A Florida appeals court recently answered that question, and the answer was no.

What Happened

A mother called 911 several times in one day because her adult son — who had schizophrenia — was making suicidal threats, had taken too many of his prescription pills, and sent text messages suggesting he intended to harm himself.

Officers responded, spoke with him, and decided he didn’t meet the legal standard for an involuntary mental health hold under Florida’s Baker Act — a law that allows police to take someone to a mental health facility against their will if that person poses a serious risk of harm to themselves or others. The officers left. They referred the family to the police department’s mental health crisis team, but gave the family incorrect information about when that team was available.

The man was found dead the next morning, less than a block from his family’s home. He died of a drug overdose.

His mother filed a lawsuit against the city, arguing the officers were negligent — that they didn’t do their jobs properly and that their actions (and inaction) contributed to her son’s death.

What Is the Baker Act?

The Baker Act is a Florida law that allows police officers, doctors, and mental health professionals to have someone involuntarily taken to a mental health facility for evaluation if that person appears to be a serious danger to themselves or others.

Importantly, the Baker Act gives officers theauthorityto act — but it doesn’trequirethem to. Whether to initiate a Baker Act is a judgment call.

The Two Big Legal Questions

The lawsuit raised two main legal issues.

The first: did the officers owe the man a legal duty of care? In other words, were they legally responsible for his safety?

In Florida, police generally owe a duty to the publicas a whole, not to any specific individual. There are exceptions — for example, if officers take someone into custody, or if their actions make a dangerous situationworse— but courts are careful about when those exceptions apply. The family argued this situation was like a prior Florida Supreme Court case where officers conducted a welfare check on an unresponsive woman, wrongly concluded she was just sleeping, and she died. In that case, the court said officers did owe a duty of care. The city argued this was different — that deciding whether to Baker Act someone is a law enforcement function that courts shouldn’t second-guess.

The second question: even if a duty existed, are police protected bysovereign immunity? Sovereign immunity is a legal concept that protects the government from being sued for certain types of decisions — specifically, big-picture policy choices that require judgment and expertise. The idea is that courts shouldn’t be in the business of substituting their judgment for the judgment of police officers and government officials. The family argued the officers were justcarrying outan existing policy (not creating it), so immunity shouldn’t apply.

What the Court Decided

The trial court sided with the city and threw out the case before it ever went to a jury. The appeals court agreed.

The courts found that: (1) deciding whether someone meets the Baker Act criteria is a law enforcement function for which officers do not owe a duty to any specific person; and (2) even if they did owe a duty, their judgment calls on the scene were the kind of discretionary decisions that sovereign immunity protects.

The case never went to a jury. The family never got a trial.

Why Does This Matter?

This case is a window into one of the hardest areas of the law: what happens when government fails someone during a mental health crisis. Florida courts have consistently said that police can’t be held liable just because they made a judgment call that turned out to be wrong — even tragically wrong.

That doesn’t mean every case like this is unwinnable. The facts matter enormously. Whether officers took custody of someone, made the situation worse, gave misleading information that caused the family to stop seeking help — all of those things can change the legal analysis.

Think You Have a Case?

If your family has been harmed after police failed to respond appropriately to a mental health crisis, the law in this area is complex and fact-specific. The attorneys at theLaw Office of Michael P. Maddux, P.A.handle civil rights and personal injury claims throughout Florida and can help you understand your options.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

The life of a criminal, personal injury, and civil rights lawyer involves so many facets. We have to keep up on our respective areas of the law which are dynamic and ever changing. We need to be there for our clients who are facing emotionally trying times. We also need to take breaks for self-care and restoration of our physical and mental health so we can be the rock folks need in trying times. I will be on Fourth of July vacation in North Carolina for the Fourth of July. I love my country and love the chance to celebrate it.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

In the appellate world, there’s a fancy term called per curiam affirmed. In Latin it means…. Appellate courts use this legal device to manage their heavy dockets. Recently, two aggrieved clients sustained an appellate loss, each with a PCA. Each case had merit and needed to be reviewed to provide legal clarity in the niche areas of the law. We write more about each of the cases here to share the types of dynamic issues we deal with at our office and the often heartbreaking losses sustained when trying to hold the government accountable.

One case involved the new protest statute, and another involved a unique tort law doctrine called the undertaker doctrine. In the first case, our client suffered trauma to her mouth from less-than-lethal munitions fired at her while she was peacefully protesting and required dental implants. She has no prior record and was simply standing up for her First Amendment right to express her displeasure over the George Floyd murder.

In the second case, our client sought the assistance of law enforcement via welfare checks for a suicidal relative, only to be told that the relative was fine and only manipulating because he was drug seeking. Law enforcement refused to Baker Act the relative and, in essence, told the family they were just being manipulated. As a result, they stopped advocating as diligently as they had for involuntary commitment, and the relative took his life.

Both entities, the City of Tampa and the City of Saint Pete, sought to avoid liability by arguing unique legal issues, and in both cases, they were successful in convincing the trial court they were correct. We earnestly believe they were wrong and expected reversal at the appellate court level, but were denied even an opinion confirming the trial court’s decision was correct. This is the painful course of the law when injustice isn’t corrected and there’s no explanation of why the injustice is actually legal justice. The remedy is perseverance in all our cases until the bitter end, which sometimes isn’t bitter but full of justice, although too often, rarely.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Florida Attorney General James Uthmeier filed suit against TikTok and its parent company ByteDance, alleging the platform is knowingly violating Florida’s Online Protections for Minors Act (§ 501.1736) by allowing children under 14 to create accounts without restriction and failing to obtain parental consent before contracting with 14- and 15-year-old users. The complaint also accuses TikTok of deceiving Florida parents by misrepresenting its app store age ratings, falsely claiming that sexual content, profanity, and drug-related material appear only “infrequently” on its platform, and touting parental control features it knows to be ineffective.

Beyond the age-verification violations, the Attorney General alleges TikTok intentionally designed its platform to be addictive, deploying features like infinite scroll, push notifications, autoplay, and algorithmic personalization to exploit the psychological vulnerabilities of young users, despite internal documentation confirming executives understood the platform’s harmful effects.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Visitation rules exist for a reason, and violating them, even unintentionally, can get your visitation rights revoked.

A few things to keep in mind:

• Don’t bring or accept anything from your loved one. Even passing a small item can be treated as contraband.
• Don’t agree to deliver messages to people outside the facility on their behalf.
• Don’t do favors that could put you or them in a difficult position.

Pay attention. If you notice signs that your loved one is being mistreated, changes in mood, unexplained injuries, or fear, speak up. You can report concerns anonymously.

Your visit matters to them. Protect it by knowing the rules. And if your loved one’s rights are being violated, we’re here to help.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Got a Failure to Appear on your record? It could follow you even after an expungement, if it’s not handled correctly.

A FTA from your criminal case doesn’t disappear automatically. It must be specifically named in your expungement or sealing petition and covered by the court’s order.

Skip that step, and background checks may still pick it up, even if your underlying case was expunged.

The details matter. One missed line in a petition can unravel years of progress.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Here’s something that catches nearly everyone off guard. One DUI arrest creates TWO separate legal battles.

1. The Formal Review Hearing (DMV)

This has nothing to do with whether you’re guilty of a crime. This is the DMV’s process to decide if your license gets suspended, and you typically have just 10 days from your arrest to request it. No request equals automatic suspension. An experienced attorney can challenge the legality of the stop, the field sobriety testing, and the breathalyzer results right here.

2. The Criminal DUI Case (Court)

This is the criminal side, where your freedom, record, and finances are on the line. Penalties can include fines, DUI school, probation, and jail time. This case plays out in front of a judge and operates entirely separately from the DMV hearing.

Why does this matter? Because you need a defense strategy for BOTH, and they require action at different times.

Don’t wait. Don’t assume one outcome affects the other. And don’t try to navigate this alone.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Florida Governor Ron DeSantis recently signed House Bill 35 into law, significantly expanding the state’s habitual traffic offender framework under Florida Statute § 322.264.

Most notably, the new law adds driving without a valid license to the list of qualifying offenses that can trigger a habitual traffic offender designation. Under this expanded definition, a driver who accumulates the requisite number of qualifying convictions within a five year period may be formally designated a habitual traffic offender by the Florida Department of Highway Safety and Motor Vehicles.

Any subsequent driving offense can then be charged as a third degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine. What many Floridians historically treated as a minor inconvenience can now serve as the foundation for a life altering felony prosecution.

At the Law Office of Michael P. Maddux, P.A., we recognize that the people most affected by HB 35 are often not reckless drivers but individuals navigating financial hardship, administrative license suspensions, or unpaid court costs who simply had no idea their driving history exposed them to felony liability.

An experienced criminal defense attorney can examine whether the underlying convictions that triggered the habitual offender designation were properly entered, whether the required notice of suspension was actually received, and whether law enforcement complied with constitutional requirements at the time of the stop and arrest.

If you or someone you know has been charged under Florida’s habitual traffic offender laws, early intervention is often the most powerful tool available.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Teen takeovers, large, flash-mob-style gatherings of teenagers organized through social media platforms like TikTok and Snapchat, have been making headlines across the country. What may start as a casual meetup can quickly spiral into fights, vandalism, trespassing, and confrontations with police. Law enforcement has responded aggressively, making mass arrests at many of these events. The charges can be serious: disorderly conduct, unlawful assembly, trespassing, assault, and even looting. Your teenager doesn’t have to have thrown a punch to face them. Simply being present and failing to leave when ordered can expose a minor to criminal liability. Depending on the severity of the charges and prior record, a teen may even be tried as an adult, resulting in a permanent criminal record that affects college admissions, employment, and more.

If your child is arrested at a teen takeover, the most important thing you can do is call an attorney immediately. Do not allow your teenager to answer questions from law enforcement without legal representation. Anything said can be used against them. At the law office of Michael P. Maddux, PA, we handle juvenile and adult criminal defense matters and understand how to protect your child’s rights and future from the very first moment. Time is critical. Call our office today.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

College is a time of growth, exploration, and, sometimes, mistakes. But when a mistake leads to an arrest, the consequences can reach far beyond a single night or a single semester. A criminal charge during your college years can reshape the trajectory of your education, your career, and your personal life in ways many students simply don’t anticipate.

At the Law Office of Michael P. Maddux, PA, we understand the stakes. If you or someone you love has been arrested while in college, here is what you need to understand about the potential fallout, and why acting quickly with experienced legal counsel matters.

1. Academic Consequences

Most colleges and universities have their own student conduct codes that operate independently of the criminal justice system. An arrest, even one that doesn’t result in a conviction, can trigger an internal disciplinary investigation. Depending on the nature of the charge, a student may face suspension, expulsion, notation on their academic transcript, or removal from campus housing.

2. Loss of Financial Aid

Federal financial aid eligibility can be directly impacted by a drug-related conviction. Under the Higher Education Act, a conviction for a drug offense that occurred during a period when a student was receiving federal financial aid can result in a temporary or permanent loss of eligibility for Pell Grants, student loans, and work-study programs.

Even non-drug charges can affect privately awarded scholarships and merit-based aid administered by the institution itself. Many scholarship agreements include conduct clauses that permit revocation upon arrest or conviction.

3. Career and Professional Licensing

A criminal record does not disappear at graduation. Background checks are standard practice for employers across virtually every industry, and many licensing boards for regulated professions require disclosure of any criminal history, including arrests that did not result in a conviction.

4. Housing and Background Checks

Most landlords run criminal background checks on rental applicants. A conviction, or even an arrest record, in some cases, can make it difficult to secure private housing after graduation. Certain convictions may also bar individuals from public housing assistance.

We fight for students’ futures.

At the Law Office of Michael P. Maddux, PA, we have helped students and young adults navigate the criminal justice system with their futures intact. We know that a single poor decision should not define the rest of a young person’s life, and we work aggressively to achieve the best possible outcome, whether that means negotiating reduced charges, pursuing a dismissal, or fighting for an acquittal at trial.

If you or someone you know has been arrested, do not wait. The sooner you have experienced legal counsel on your side, the better your chances of protecting your education, your career, and your future.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

If you believe your civil rights were violated, time is critical. Most civil rights claims under federal law (42 U.S.C. § 1983) borrow the state’s personal injury deadline, typically two to four years depending on where you live.

That clock generally starts the moment you knew, or reasonably should have known, that you were harmed and that discrimination was the cause. Waiting too long can permanently bar your claim, even if the evidence is strong.

Contact an attorney as soon as possible to protect your rights.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Florida has taken meaningful steps to better protect survivors of domestic and dating violence. In a single week, Governor Ron DeSantis signed two significant pieces of legislation that expand accountability for abusers and introduce new safety tools for victims across the state.

The first law, HB277 (signed May 21, 2026), establishes an electronic monitoring pilot program in Pinellas County. Under this program, GPS ankle monitors worn by convicted abusers send real-time location alerts directly to law enforcement, giving survivors a critical layer of protection and reducing the fear that an abuser may be nearby.

The second law, SB296 (signed May 22, 2026), directs the state to study and develop a discreet, web-based 911 alert system for domestic and dating violence victims. The system would assign each user a unique number, allowing them to call for help safely and quietly, even when making a traditional phone call isn’t possible.

If you are navigating a domestic violence situation and need legal guidance, whether that involves an injunction for protection or a criminal charge, the Law Office of Michael P. Maddux, P.A. is here to help. Contact our office today to discuss your situation confidentially.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Gainesville Police Department’s use of facial recognition technology highlights the growing reliance of law enforcement agencies on software such as FACESNXT and Clearview AI to generate investigative leads in criminal cases. According to Detective Sgt. Nick Ferrara, GPD has run more than 30,000 facial recognition searches, with approximately one-quarter producing potential investigative matches. Officials emphasize that these matches are not treated as definitive identifications, but rather as one piece of a broader investigation. Still, the technology remains controversial due to concerns about transparency, racial bias, and wrongful arrests. Critics, including public defenders and civil rights advocates, argue that police agencies often fail to disclose when facial recognition tools are used, limiting a defendant’s ability to challenge the evidence against them. Courts have yet to fully address whether facial recognition searches implicate Fourth Amendment protections against unreasonable searches and seizures.

The increasing use of facial recognition technology may have significant implications for false arrest and civil rights litigation. Nationwide, several wrongful arrest cases have already involved mistaken facial recognition identifications, particularly affecting minorities and individuals with darker skin tones. When law enforcement relies too heavily on technology-generated leads without adequate corroboration, innocent individuals may face arrest, detention, and reputational harm based on flawed or incomplete evidence. Additionally, failures to disclose the use of facial recognition tools during investigations could raise constitutional concerns regarding due process and the ability to challenge probable cause. As courts continue to grapple with the legal limits of emerging surveillance technologies, attorneys handling false arrest and Section 1983 claims will likely see increased scrutiny of how facial recognition evidence is obtained, verified, and disclosed by law enforcement agencies. Michael P. Maddux, P.A. specializes in representing individuals in false arrest and civil rights claims. If you believe you were falsely arrested or subjected to unconstitutional police conduct, contact our office to discuss your legal rights and potential remedies.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Many people still don’t realize that Florida recently changed the law for personal injury cases. For most negligence cases arising after March 24, 2023, the time to file a lawsuit was reduced from 4 years to just 2 years.

That means injured individuals now have far less time to investigate their case, gather evidence, complete treatment, and protect their rights. Waiting too long can result in losing your ability to recover compensation entirely.

Surveillance footage disappears, witnesses become harder to locate, and important evidence can be lost with time. If you’ve been injured due to someone else’s negligence, don’t assume you have years to decide what to do and speak with an attorney early to protect your claim.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Governor Ron DeSantis signed House Bill 757 into law on May 15, 2026, expanding Florida’s school safety measures to include public colleges and universities statewide.

The legislation broadens participation in the Guardian Program — originally established after the 2018 Marjory Stoneman Douglas High School tragedy — allowing trained personnel at public postsecondary institutions to serve as armed guardians on campus.

In addition, HB 757 creates a second-degree felony for discharging a firearm within 1,000 feet of a school. The law also requires colleges and universities to implement active assailant response plans, establish threat management teams, and develop family reunification procedures for emergencies.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

When you come in to meet with your attorney to prepare for your deposition, just remember — this is a conversation to help you feel comfortable and ready, not a test.

Be honest, take your time answering questions, and don’t feel like you have to memorize anything or “sound perfect.” What truly matters is that you listen carefully, answer only the question being asked, and let your attorney know if there’s anything you’re unsure about or worried about ahead of time.

Dress neatly and comfortably, arrive on time, and do your best to stay calm. Your attorney is there to guide you and make sure you fully understand the process before the deposition begins.

📞 Call us today at (813) 253-3363.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

We’ve seen cases completely change because of one overlooked detail — a nearby surveillance camera, a witness no one spoke to, damage patterns on a vehicle, or even timestamps on photos.

Insurance companies don’t always dig deep, but we do. Personal injury cases are often won through thorough investigation, persistence, and close attention to detail. That’s exactly why it’s so important to have a team willing to go beyond the surface and uncover what others might miss.

📞 Think your case might be missing something? Don’t leave the details to chance. Call us today at (813) 253-3363 — we’ll dig deeper, investigate thoroughly, and fight for the outcome you deserve.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Most people don’t read their insurance policy until after an accident happens — and by then, it may already be too late.

Your policy contains exclusions, requirements, coverage limits, and conditions that can directly impact your claim. Issues like excluded drivers, rideshare activity, unlisted household members, and undisclosed vehicles can all create serious problems after an accident.

Understanding your coverage before you need it can save you from major headaches down the road.

📞 Have questions about your insurance policy or a recent claim? Don’t wait until it’s too late. Call us today at (813) 253-3363 — we’ll help you understand your coverage and protect your rights.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

When someone you love is struggling with a mental health crisis, it can feel overwhelming and frightening trying to figure out what to do next.

A Baker Act case is designed to protect individuals who may be a danger to themselves or others by allowing them to receive an emergency mental health evaluation and short-term treatment. The process usually begins when a family member, law enforcement officer, doctor, or mental health professional believes immediate intervention is necessary.

While the situation can be emotional for everyone involved, the goal is simple — to get your loved one safe, stabilized, and connected with the care and support they may need.

You are not alone in this process. There are resources and legal options available to help guide your family through it every step of the way.

📞 Is your family navigating a Baker Act situation? You don’t have to face it alone. Call us today at (813) 253-3363 — we’ll help guide you through the process and explore the legal options available to support your loved one.

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Not every case is as clear-cut as it should be. Sometimes, clients are wrongfully placed at fault for accidents they didn’t cause.

We recently took on a case where our client had been blamed for an accident and even dropped by another law firm. Instead of walking away, we accepted the case, launched our own investigation, and went out into the field searching for answers. After digging deeper, we located surveillance footage from a nearby business that proved our client was telling the truth all along — and that single piece of evidence changed everything.

While some firms may give up on difficult cases, our office is committed to going above and beyond to fight for our clients. If you believe you were wrongfully blamed, don’t give up — call us.

📞 Have you been wrongfully blamed for an accident or dropped by another law firm? Don’t lose hope. Contact us today at (813) 253-3363 — we’ll dig deeper, uncover the truth, and fight to protect your rights.