I need help paying for my legal Defense Fund
Donation protected
Hi, my name is Joel, as many of you know, either through my family, friends, or myself, I was involved in a severe accident on the night of April 19th, 2023. What some of you may not be aware of is that I have been in an ongoing legal battle since before I even left the hospital. Though I can't share too many details I can share this. I am facing Florida statutes 316,1935 sub-section 2, Fleeing or attempting to elude a law enforcement officer, 316,191, Racing on highways, and 316,192, Reckless driving.
Here are the factual events from that night.
While on my motorcycle I was accompanied but 3 other motorcycles going west across the Tampa Bay on Courtney Campbell causeway, a Clear Water Police officer had finished conducting an unrelated traffic and was about to pull a U-turn to go back towards clearwater after initially heading east on the Courtney Campbell causeway.
In the dash camera and body-worn camera footage obtained in discovery, the following is seen and heard. The officer, waiting to make his U-turn, is passed by one motorcycle. The officer then makes his U-turn in front of me and the other 2 motorcycles, across both lanes of traffic, into the right lane where he remains for 17 seconds until I pass the officer and am at least a car and a half lengths ahead in the left lane. At which point the officer moves over into the left lane turning his lights and sirens on, he turns his sirens off after being on for 2 seconds, he turns his lights off after being on for 4 seconds, he moves back into the right lane, and then pulls over onto the shoulder. Including the time it took the officer to move into and out of the left lane, he was behind me for a total of 7 seconds. I had no idea the officer moved from the right lane to be behind me, I did not see the lights or hear the sirens, and I was unaware that I was, allegedly, being pulled over.
About a mile and a half down the road I had a motor vehicle accident involving the patrol car of a Clearwater Police Sergeant who appears to have only sustained minor injuries including a cut to his left cheek, but was ambulatory, walking around yelling and cursing. I, on the other hand, was flung from my motorcycle where I was left lying on the ground, my calcaneal (heel), tibia, fibula, acetabulum (hip socket), radial, and ulnar, all on the right side, were broken. The officer earlier mentioned then arrives on scene and claims to have identified my by my clothing, even though he had my description wrong.
I invoked my 5th Amendment right and my right to an attorney, refusing to answer questions without one present, both on the scene of the accident and in the hospital when they tried to question me after I was administered fentanyl for my pain.
One day, when my dad came to visit me in the hospital, he brought mail addressed in my name notifying me of these charges filed against me.
On January 11th, the state offered me a plea deal.
- No restitution, the officer injured in the accident received worker's comp.
- 60 days Jail
- 50hrs community service
- 12hr driving school
- 24 months probation
- No motorcycles while on probation
- 1 Year license suspension
However, this would include pleading guilty to the felony.
This leads to the reason for creating the GoFundMe, I have no criminal record, not even a speeding ticket, only a fix-it-ticket for not having a license plate light, which was amended later that day. Statue 316,1935 states that "It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle" and according to a law office in Florida, who is uninvolved in my ongoing case, "The government must prove that the accused person knew that they were being ordered to stop."
It is due to this that I feel as if I am a victim of persecution. The state appears to be pushing hard to make me a felon, failing to either reduce or dismiss the fleeing or eluding charge. This conduct is unwarranted given both the short duration of the alleged "pursuit" and my non-existent criminal record. I fear that the state is only going after me this aggressively due to an officer getting injured, and while I am grateful his injuries were minor, I feels frustrating given the severity of my own. The state lacks any sympathy for my situation, physically, emotionally, and financially. Before the plea offer, when my public defender had reached out to the prosecutor for a reduction or dismissal they were unwilling to cooperate. It feels like they're abusing their power to go after me at the cost of a fair and just trial. With this money, I will be hiring a private attorney.
Are your parents helping?
They are, but this isn't a small amount of money and we don't have the time to spare to save up. It also feels to me that this is likely to go to trial and if it does we will have to pay more than this initial cost, by asking for this much it gives us time to save up if more fees are later incurred.
Are you contributing any of your own money?
I was left unable to work for months following my accident due to my injuries, once I felt well enough to work I had difficulty finding a job due to the extent of my debilitating injuries and how I was denied employment opportunities since, I was arrested on a warrant for the felony, while already going to court for my charges and I was still using a wheelchair as a mobility aid. I was able to find employment in late November, but that only lasted through to late December when I was let go. I am actively job searching and, while writing this, received a call back from a potential employment opportunity. We have scheduled an interview for Tuesday, January 1/23/2024. I do plan on putting in my fair share, but I need help, I'm currently struggling to even make my car insurance payments.
Organizer
Joel Polanco
Organizer
Apollo Beach, FL