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The Office of Legal Affairs works with local, state, and federal agencies
- including Judges, and other
attorney’s offices - and with members of the Department of Law
Enforcement, Department of Detention, and Office of Business Affairs.
The Office of Legal Affairs consists of two
attorneys: Cassandra L. Denmark, Director, and David S. Bergdoll, Staff
Attorney; and includes two support staff, Marilyn Craig, Legal
Assistant, Becky Touchton, Legal Secretary, and Erica Joiner, Part-time
Clerk.
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The Office of Legal Affairs handles:
- State forfeitures for the Polk County
Sheriff’s Office, Mulberry Police Department, and HIDTA Task Force
(including all motions, hearings, trials, depositions, etc.)
- Pending civil litigation (consisting
of inmate suits, employee matters, and personal injury). Coordinate
witnesses, schedule depositions, and the discovery process with
outside counsel and outside investigator. Attends all court
hearings, depositions, meetings with witnesses, and trials
concerning civil litigation
- Inmate requests to have a
conviction reviewed by state or federal judges (Habeas Corpus matters)
- Public Record requests
- Contract matters involving the PCSO
and other entities
- Animal litigation (Preliminary
Hearings, Final Hearings, dangerous dog appeals, major dangerous dog
Preliminary Hearings, and a number of barking dog hearings)
- Class Actions suits (for example: body
armor)
- Prepares Legal Bulletins for
disbursement to Sheriff’s Office members
- Disburses Legal Bulletins from other
agencies
- Petitions to Expunge/Seal Records in
criminal cases
- Handles Garnishment cases on behalf of
PCSO
- Gives legal advice to members
concerning Sheriff’s Office matters
- Coordinates with the State Attorney’s
Office, PCSO members, and the Property/Evidence Unit (files
responses and prepares Orders on Motions for Return of Property)
- Prepare Motions and Orders on
Narcotics Transfers to other agencies; including scheduling meeting
with Attorney, Duty Judge, and Case Agent for approval of Order
During calendar year 2005 the Office of
Legal Affairs successfully recovered $265,705.09 in United States
Currency, twelve (12) vehicles, one (1) computer, two (2) four-wheelers,
surveillance equipment, and one (1) box trailer.
As of July 31, 2006,
the Office of Legal Affairs has successfully recovered $91,835.06 in
United States Currency, five (5) vehicles, one (1) trailer, one (1) 42”
Hitachi Plasma television, and one (1) Dell laptop notebook computer. As
of July 31, 2006, the Office of Legal Affairs has successfully litigated
animal cases and recovered $2,701.00 and is actively pursuing court
order restitution.
Director:
- Coordinates the office schedule with
the Judges calendar, schedule hearings, and other events.
- Serves as liaison to
the State Attorney’s Office and other private, governmental, and
judicial entities on behalf of the Sheriff’s Office.
- Oversees researching and preparing
reports on statistics and other legal matters.
- Prepares and conducts public
presentation programs.
- Manages all aspects of legal
compliance within the PCSO
- Responds to information requests under
F.S. §119 and information subpoenas.
- Responds to proceedings served on the
Sheriff and Chief of Staff of the Polk County Sheriff’s Office.
- Responds to depositions.
- Accompanies Deputy Sheriffs during
critical warrants and accidents to provide legal counsel.
- Reviews and negotiates contracts for
legal sufficiency and fairness to the interest of the Polk County
Sheriff’s Office.
Staff Attorney:
- Reads and approves General
Orders/Division Directives and forms
- Maintains liaison to State Attorney’s
Office and County Attorney’s Office, and other government entities
- Provides legal bulletins to members
- Performs liaison functions on
legislation
- Represents PCSO in
quasi-criminal/civil, and criminal cases including dog cases,
forfeitures, and small claim cases
- Represents PCSO in major lawsuits
- Does Emergency Petitions and Hearings
- Acts as liaison with other attorneys
- Reviews and negotiates contracts
- Analyzes public records requests
- Responds to shootings/serious
accidents involving PCSO personnel
- Obtains Warrants for blood borne
pathogen tests and Baker Acts.
- Manages minor claim resolutions
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