You are a Florida Attorney representing Kevin Christopher Kelly.
OPD Case Number: 2021-00213752 On June 28, 2021, at 1104 hours, Officer Valenti (19019), was working in an off-duty capacity at 1000 Universal Studios Plaza (Universal Studios Orlando) when he was contacted to respond to the Universal Security Supervisors Office in reference to a cyber threat. Officer Valenti made contact with Rich Ruth, a Universal Studios Security Operations Supervisor, as well as Tom Williams. Williams provided a sworn statement to the following: Williams advised on June 28, 2021, at approximately 0700 hours, he received an email from an unknown subject named "Kevin Kelly, from email address [email protected].
Williams is the Chairman and Chief Executive Officer (CEO) of Universal Orlando Parks and Resorts. The email threatened that if Williams did not make admission to all Universal Parks free on June 29, 2021, Williams would suffer a horrible death in front of his family.
The email stated it was in response to the sender being issued a Trespass Warning from the park in the past. Williams forwarded the email to Operations and Security personnel to initiate an internal investigation. The internal investigation showed Kevin Kelly was trespassed from Universal Property in February 2021 (OPD Case #2021-00049150).
The email sent to Williams created a well-founded fear in which the threat could happen. Based on this Williams stated he did not wish to have this fear placed on him and expressed his desire to press charges. 06/30/21, this case was assigned to Detective Jeffrey Sabounji (18925).
Affiant reviewed the email that Williams had received:
EMAIL:
From: Kevin Kelly Sent: Monday, June 28, 2021 7:01 AM TO: tom.wiitian1Stinbcurii.com
Subject: FREE ADMISSION
tomorrow ADMISSION to ALL universal properties is FREE, including parking. FAILURE TO FOLLOW MY ORDER WILL RESULT IN YOUR HORRORASLE DEAT IN FRONT OF YOUR FAMILY,
This is because of the falsely administered trespass warnings that some of the staff did to me in the past.
SHAME ON YOU.
Sincerely, Lucifer
DRAFT A NOTICE TO APPEAR AND WAIVER OF ARRAIGNMENT, he is currently represented by the Public Defender but has hired you to take his place. You can make up your address and bar number for your attorney signature block. The State Attorney is prosecuting this case and they are considered your opponent.
Draft an Opinion Letter to Kevin Christopher Kelly
Make sure to follow the general format of an Opinion Letter discussed in Module 5.
KCK (your client) resides at 1800 Mercy Dr., Orlando, FL 32818. See attached Arrest Affidavit and Warrant
Explain to him what the probable outcome might be on his charges based upon various Florida case(s) (please search Westlaw - Florida statutes (in Chapter 836.10.1) to see what it says. The fact pattern contains clues to aid your search.
Explain that you are including the Notice of Appearance for his review. Invite him to ask questions about his case so you can answer them prior to filing. If he has no questions, request that he respond to you in writing giving you authority to file the Notice on his behalf.
What an Opinion Letter Looks Like
Heading/Introduction
• Opinion Title (this should be at the top in the center)
two spaces
• Date (left side of page)
one space
• Client Name (left side of page)
• Client Address (left side of page: street address on one line, city and state on line underneath)
one space
• Re: Name of case and case number
Opening
• Reminder: Reminds the client of the question you are answering and the context.
• Limitation: “This opinion is limited to the facts contained in the facts section of this letter and to the law as of the date of this letter and is solely for your benefit.” All opinion letters for class should have this language**
Facts
This section contains all the important facts in the case and relevant to your opinion. However, this section should also include any facts you do not have but those which could affect your opinion.
Answer
This section gives your response with clarification.
Explanation
• Explain the law in plain language.
• Apply the law to the facts in the case.
• Clarify why you came up with your opinion.