What Happens If You Are a First Time Criminal Offender in Florida

Written by

First Time Criminal Offender In Florida

A first-time offender is a person facing a criminal conviction for the first time. Depending on the crime, the courts in Florida can show mercy to a first-time offender. The charges can either be dropped or rehabilitated instead of facing imprisonment. 

This option is not available for all crimes. This privilege is only available for non-violent crimes, where the offender is not a threat to the community. The offenses may include, 

  • Theft
  • Prostitution
  • Drug possession
  • Juvenile offenses
  • Disorderly intoxication

If you are charged with a violent crime or crime involving weapons for the first time, you may not obtain mercy from the court. Severe offenses of first-time offenders include;

  1. Hit and run
  2. Burglary
  3. Robbery
  4. Kidnapping
  5. Murder and manslaughter 
  6. Sex crimes
  7. Aggravated assault
  8. Domestic violence

What happens if it is your first First Time Criminal Offender in Florida?

  1. Charges Can Be Dropped or Reduced

A criminal defense attorney can use the lack of previous offenses to present your case in court as a first-time offender. The attorney may convince the prosecutor to file a lesser charge or even drop the charges.

  1. Avoiding Conviction

A withhold of adjudication is often available for first-timer offenders in Florida. The state sees rehabilitation as preventing the person from pursuing a criminal career; therefore, the first-time offender that receives withhold of adjudication is not convicted. 

  1. Sealing or Expunging of Record

If you obtain a not convicted adjudication or dismissal as a first-offender in Florida, the court may seal or expunge your record. Sealing or expunging the record is a big advantage because having a criminal record can thwart your future career and educational opportunities. You can get a suitable attorney to help you with expunging your records.

  1. Pretrial Diversion

Pretrial diversion can be offered to a first-time offender by the prosecutors. If it is granted, they may or may not plead guilty. You can be ordered to complete a probation period, be issued a fine, participate in community service and counseling, or anything negotiated by the defense attorney. The charge will be dropped and conviction not entered as long as the negotiated terms are completed. Pretrial is for non-violent offenses only.

What Are My Basic Rights If Pulled Over by a Police Officer in Florida?

Written by

What You Need To Know About Being Pulled Over by a Police Officer in FL

There should be a valid reason for police to pull you over and detain you. It is important to know your legal rights during a traffic stop since you are likely to be stopped by police once in your lifetime.  Below are a few steps to take when pulled over by police in Florida.

1. Stop your car at a safe location

When a police officer signals to you to pull over, you should find a safe location and come to a complete stop. If there is no safe location close to you, slow down so that the officer will know you are trying to find a place to pull off the road.

Roll down your window, turn off the engine and place your hand on the steering wheel. Keep your driver’s license, registration, and proof of insurance where you can quickly reach them when the police officer asks for it to afford confusion.

2. Follow police instructions

Do not make any sudden movements; remain calm until the police officer asks you to step out of the vehicle or provide documentation. If they are not close to you, tell the officer where they are and seek permission to pick it.

If you have any weapon in the vehicle, tell the officer where it is. Every other person in the vehicle should follow the same instruction and avoid sudden movements.

3. You have the right to remain silent.

You can invoke your right to remain silent and refuse to answer any question after providing your name and address to the officer, and you should politely tell the officer you have the right to remain silent.

This could escalate the matter, be careful not to answer questions that can incriminate you; politely refuse to answer questions that can incriminate you.

4. You don’t have to consent to a search.

If the officer asks to search your vehicle, you do not need to consent to the search. The officer should not search your vehicle without your consent if he doesn’t have a warrant. Do not resist the search but carefully state that you don’t consent to the search. Resisting can escalate the matter and lead to a criminal charge.

In case you are charged with any traffic-related offense or other offenses, maintain your rights, and don’t forget to contact a suitable attorney to handle your case.

How Domestic Violence Affects Child Custody in Florida

Written by

How Domestic Violence Affects Child Custody in Florida

The rate of domestic violence is rapidly increasing today, which proves the need to get enough legal information about child’s custody. Florida family law frowns against child abuse during violence between parents. The state will then decide to withdraw the child from the parents or give them certain conditions or warnings.

When the involved parents’ divorce, the court chooses who keeps the child based on how each person plays in domestic violence. Sometimes, the court decides to find a foster home for the child if none of the parents is fit enough to bear the responsibility.

Child Custody in Florida

The Florida court considers two types of child custody: “physical custody” and the “legal custody.” Legal custody determines the parent that makes crucial decisions for the child, such as religion, education, and medical subjects. Physical custody determines who the child visits and when the child sees both parties.

However, the judge does not make these decisions without consulting the child and considering some factors.

  • The parents’ alcohol drinking habits
  • The parents financial capacity
  • Any record of child abuse or abandonment
  • The parents’ character and principles
  • Any presence of communication or trust issue
  • The child’s living and school environment

Supervised visitation: If the child agrees to visit an abusive parent, the court will assign a trained supervisor to watch the child. Sometimes, the state can bear the charges of the supervisor, or the parents are asked to pay for it.

What to Do When There is Domestic Violence

The first thing is to contact the emergency line in Florida, 911. After confirming your safety, you can then proceed to press charges.

The court may also give you an injunction, which means the accuser cannot come close or near to you. More so, you may choose the get a temporary request for that day by visiting your local clerk. This is when the situation is very threatening, and cannot seem to wait for court proceedings.

The Florida Commission Against Domestic Violence is available round-the-clock, and you can reach out to them or call whenever danger looms.

Know Your Right to Remain Silent When Charged With Criminal Cases

Written by

Know Your Right to Remain Silent When Charged With Criminal Cases

If you are charged with a criminal case, you can either have a right to remain silent or hire an attorney. However, when you have an attorney, you are also invoking the right to be quiet. This means you do not wish to answer to any interrogation until your lawyer is around.

Invoking the Right to Remain Silence and Police Protocol

Usually, the police will read to a suspect the regulations and rights to remain silent. If the suspect agrees not to participate in an interrogation, it does not stop the police from digging up evidence. Also, any implicating statement the suspect makes during the period of silence can still be used by the police as evidence. The best is not to speak until your attorney arrives at the situation.

More so, suspects don’t need to remain silent after being informed of their rights. The suspect may waive the right if there is a need for some voluntary statements. Nevertheless, the law does not support cajoling by the police, even for a criminal case, especially if it is an underage person.

How to Invoke Your Right to Remain Silent When Charged With Criminal Cases

According to the law, you will need to tell your interrogator expressively that you are exercising the right to remain silent. Often, police officers will take your statement as a request for a lawyer.

It would help if you also were careful of ambiguous or uncertain statements. For instance, “I may need to get a lawyer” or “what if I choose to remain silent.” No police will take you seriously in this case, and some may pretend to know you understand what you should say. Hence, they will continue the interrogation regardless.

If you are dealing with a skilled interrogator, you need to be clever with your actions and words. Often, they love to play ambiguity with suspects’ words.

Learn More About Your Right to Invoke Silence Through an Attorney

The best chance you will ever get before going to a court is by consulting the expert opinion. Wherein, invoking the right to remain silent grants you this opportunity. However, you can now learn more about your rights by reaching out to your local legal advisor or defense attorney.

WHEN DO I NEED A CRIMINAL DEFENSE LAWYER IN FLORIDA?

Written by

Criminal Defense Lawyer In Florida

According to the sixth amendment of the United States Of America Constitution, which declared that any person incriminated of a crime has a right to a lawyer to stand in for them at trial. This amendment has validated the need for a Criminal Defense Lawyer in Florida.,

Also, an arrest can be embarrassing, especially when it is your first time. Hence, the need to understand your rights and when to involve a Criminal Defense Lawyer in Florida.

Who is a Criminal Defense Lawyer?

This lawyer specializes in the aegis of people or organizations that have been charged with a criminal offense. It would help if you had a defense lawyer either privately or at different administrations within criminal courts. They work on any case related to criminal law.

And no matter the gravity of the offense, a defense lawyer will do everything possible to mount the best support for his client, who is the defendant. However, Criminal lawyers cannot let personal feelings come into being when standing in for their clients. They keep the utmost interest of their clients in mind and focus on getting them out of trouble.

So, the big question is;

 When Do You Need a Criminal Defense Lawyer in Florida?

  • Hire a criminal defense lawyer when you need to save money. Hiring a Criminal Defense Lawyer helps minimize cost in the long run if the process begins early.
  • When you need to understand the exact charges, you are facing: It will interest you to know that the gravity of the crime you committed will determine the consequence that accompanies it. Ignorantly, most people are not aware of it and do not understand their crimes before arraignment. 
  • When you need a legal aid to represent you in court when charged with a criminal offense. A Criminal Defense Lawyer will help with getting you out of trouble, avoid jail term, or limit possible sentence (in the worst scenario).

Arraignment is when the accused pleads not guilty or no contest. It is your criminal defense lawyer that will plead and represent you in the hearing. They will request bail or be released on their pledge.

In conclusion, the moment you realize that you need the best hands to handle the criminal case at hand, then you need a Criminal Defense Lawyer.

What Are the 4 Elements of a Contract Breach Lawsuit?

Written by

Business Litigation – Contract Breach Claims

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Mayersohn Law for a consultation at: 954-765-1900

South Florida Property Owner Shocked As Someone Tries to Sell Her Home to Someone Else

Written by

South Florida Real Estate Fraud

Can someone you don’t know sell your home out from under you to another party? You might think such a situation is impossible, but for one South Florida woman, it’s a terrifying reality. Here’s what you should know about real estate deed fraud, how it can happen, and how to protect yourself. 

The Case 

in South Florida, Shirley Gibson was surprised when she came to find out that her property was listed for sale on Zillow and successfully purchased by an unsuspecting buyer for $230,000. A title company in Aventura, FL claims that it was scammed and now, Gibson’s home is illegally on the market again with a “Not For Sale” sign pinned to the front gate. While unlikely that Gibson would actually lose her home, she’s now embroiled in a costly legal battle that could last for months.   

What Is Real Estate Deed Fraud? 

Real estate deed fraud is a lesser-known form of identity theft. When someone steals your identity and forges your name on the deed to a home or other property, this is considered deed fraud, sometimes called property title theft. Often, deed fraud will occur after a homeowner has died. 

Scammers will often scour the obituaries for homeowners who have passed on with residences that are vulnerable to deed theft. Vacation houses, abandoned houses, and empty houses are the most common targets of deed fraud, although scammers do still target houses that are in use, as in the case with Shirley Gibson. Scam artists may try to live in the home themselves or quickly sell it to someone else and pocket the cash.

When to Get the Help of An Experienced South Florida Real Estate Litigation Lawyer 

If you’ve been the victim of real estate deed fraud, there are legal options available to you to stop someone else from assuming ownership of your property. However, these cases can be complicated and require the help of a seasoned real estate litigation attorney. 

At Mayersohn Law, we can assist you with understanding your rights and what legal avenues would be the most beneficial. We’ll go to bat for you in court if settlement negotiations are unsuccessful, and we’ll zealously advocate for a verdict in your favor. 

Contact us today to learn more about real estate deed fraud or to schedule your appointment for an initial case consultation. Call now at 954-765-1900 or fill out or simple online form and we’ll get right back to you. 

What You Need to Know About Mounting a Bank Fraud Defense

Written by

Know About Mounting a Bank Fraud Defense

 

Have you already been accused of bank fraud? If so, you need a Bank Fraud Defense lawyer who can help you prepare right away. The prosecution will likely have a lot of lead time in a case like this, but you cannot ignore the opportunities to protect yourself.

Bank Fraud Defense

Hiring an experienced Fort Lauderdale bank fraud defense attorney should be the first thing you do after you suspect that you are under investigation for bank fraud or after you have been formally charged. Anyone accused of bank fraud crimes in Florida is protected by the U.S. Constitution and is considered innocent until proven guilty. Bank fraud is defined as attempting to execute or executing any scheme that obtains credits, monies or other property under the control of a financial institution through fraudulent or false pretenses or any scheme that attempts to defraud a financial institution.

With maximum fines of $1 million and decades in prison at stake, it is important to know the value of mooning a proper bank fraud defense. Prosecutors and law enforcement cannot engage in the legal searches or seizures affecting those associated with bank fraud charges and anyone who has been accused has the right not to incriminate themselves and to retain an attorney as soon as possible. Many criminal defendants, especially those who are currently under investigation for bank fraud, don’t have a comprehensive understanding of their constitutional rights and do not know how to navigate the justice system effectively.

Claims associated with bank fraud can be high stakes and complex as prosecutors may do everything possible to seize assets prior to the establishment of a trial. This means that a defendant may be struggling to protect any of their property while mounting a case to defend against these critical criminal charges. The right attorney is a vital asset when preparing a defense involving bank fraud. With so much on the line for your future, you cannot afford to leave this to chance. You need a Fort Lauderdale attorney who is highly experienced with managing bank fraud allegations to begin preparing your defense immediately.

 

 

 

What You Need to Know About Intent and Simple Battery

Written by

Need to Know About Intent and Simple Battery

Being accused of battery in Florida is an unnerving experience and one that should prompt you to contact a criminal defense attorney quickly. Intent is an essential element of a simple battery charge. In order for battery to constitute a crime, there must be a specific voluntary act or something that is substantially certain to result from such an act.

The defendant, therefore, must engage in conduct in which he or she knows that a strike or a touch is certain as a result of their actions or he or she must intend to strike the person. Therefore, accidental touching or touching that is not aimed at making a contact with another individual is often insufficient to establish simple battery charges in Florida.

Whether the person who is accused had the necessary intent, is a question for the jury to resolve by looking at the circumstances and the facts associated with the touching or the striking of the victim. In all prosecutions in Florida, the touching must occur without the consent of the alleged victim or in other words, against the victim’s will. This issue often arises as a complicating factor in allegations of criminal conduct in terms of mutual combat.

You might be curious about how these cases are affected if both parties are involved in the fight.
Mutual combat is a common battery defense that is associated with both parties assenting to a physical altercation and therefore, consenting to be touched, which is not applicable to battery charges. Both parties must be at fault in order for this to apply and the defendant cannot be the primary aggressor or be the one who initiates the fight. Again, the issue of consent is one for a jury to decide and as examined in light of other facts associated with the case.

If you have been accused of simple battery in Florida, your willingness to take action quickly by consulting with an experienced criminal defense attorney is vital towards crafting a compelling defense to protect you and keep you out of jail. Do not hesitate to contact a knowledgeable attorney as soon as possible.

South Florida Resident Loses Luxury Home Construction Appeal

Written by

Palm Beach Home-Building Lawsuit

Updated 06-09-2021

South Florida homeowner Donald A. Burns sued the town of Palm Beach for denying his plans to build a modern-style luxury home on his beachfront property at the North End of the island. The court determined that the city did not violate the First Amendment rights of Mr. Burns when it denied his request to build a domicile that would be in striking contrast to other houses in the area. 

The Palm Beach Architectural Commission has long maintained that its architecture should be reasonably well coordinated and the court supported this policy when it ruled against the plaintiff. Mr. Burns then appealed the case to a higher court in the state, suggesting his luxury home design did not violate code, but did not have success at overturning the decision. 

On Appeal

The appeals court also upheld that Palm Beach has the right to deny homeowners the ability to build out-of-character homes or other structures that would appear out-of-place in the area. Additionally, the appeals court determined that Burns’ 14th Amendment rights were also not violated when the town reviewed the architectural plans for his luxury, contemporary-style home; the lower court did not deny his right to due process and had given him a reasonable amount of time to present supporting arguments.  

Get Help Defending Your Right to Own Luxury Property 

Being embroiled in real estate litigation is costly, especially when you’re already shelling out so much for the building process in the first place. As a property owner, you expect to be able to construct the luxury home or other structure you want. After all, that’s one of the biggest draws of being a homeowner — the lack of authority over the style and build of your home. 

If you’ve had your home design or construction plans denied, or you’ve been contacted by your HOA or another authority about your property demanding you make a change to your luxury property, you may benefit from legal assistance. 

Contact Mayersohn Law Today 

For help with any luxury real estate legal matter, it’s vital that you act swiftly to acquire a qualified attorney. A competent real estate lawyer can help you save time and money while also improving the chances of a favorable case outcome.

Call Mayersohn now for a consultation to discuss your case in more detail at 954-765-1900. Our team has the skills and experience to provide you with the comprehensive legal representation you need.

What to Expect After a DUI

Written by

An arrest and conviction for driving under the influence of alcohol is a frightening and life-changing experience. It’s important to know what to expect after a DUI, especially if it’s your first one, so you can be prepared. You need to adjust to a different way of life now and in the future. Know that many DUI consequences are far-reaching. Here’s what you should know.

Employment

One difficult thing to deal with after a DUI is the effect on current and future employment. Your current employment may be at risk if you take a lot of time off for DUI proceedings. Also, having limited transportation could increase the number of days you take off or arrive late. Future employment is affected because of your criminal record. There are some positions that you may not be eligible for. Take advantage of any job or career programs offered in your area.

Counseling

Often, a counseling program is mandatory after a DUI conviction. The counseling may be specifically for alcohol abuse, or it may be a drug and alcohol combination program. The program will likely be several weeks or months long. Therefore, it’s important to always attend unless you are severely ill. In all likelihood, you will be required to complete the counseling program successfully as part of your sentence. In fact, it’s important that you attend and make arrangements to ensure the program is completed.

Transportation

Unfortunately, transportation can be significantly affected if your license was suspended as a result of your DUI. First, apply for a hardship license that grants you the ability to drive to and from work yourself. However, you may not be approved for this so it’s important to also explore the option of public transportation. Fort Lauderdale has a wealth of public transportation options, but they do cost extra time and money. If traveling by bus to work, plan for delays and allow yourself plenty of time to get there.

Contact a Fort Lauderdale DUI Attorney Today

Arguably the most effective way to avoid life changes after a DUI arrest is to avoid being convicted. An experienced DUI attorney can help. Call Leah H. Mayersohn, Esq. today for a consultation at 954-400-5000.

What You Need To Know About Divorce Court

Written by

The courtroom can be a frightening place for divorcing couples. Naturally, you’ll want to know what to expect, especially if you’ve never been inside a courtroom before. It’s quite different from what you see on television; there are some things to keep in mind to help you prepare. Here’s what you should know.

Basic Courtroom Etiquette

Treat the courtroom like you might treat a job interview. Make sure your cell phone is turned off or on silent (not vibrate, you’ll be surprised at how loud a vibrating cell phone can be in a quiet courtroom). Also, don’t bring in drinks or food, don’t chew gum, and make sure to remove your hat or sunglasses. Look for signs in your specific courtroom that list anything else that isn’t allowed.

Be Prepared for the Metal Detectors

All courtrooms screen for weapons. How this is done varies from location to location, but you can expect to go through a metal detector. Metal detectors won’t pick up small pieces of metal in your clothing, like pants buttons, but they will pick up on keys left in your pocket. You’ll likely be asked to put your purse, wallet, or other personal effects in a bin to be scanned while you walk through the metal detector. It’s not much different from going to the airport.

You May See People You Don’t Know

Many people are surprised that divorce court isn’t private. The courtrooms are public and anyone can sit in on a case. While this means you can ask family or friends to come support you (this is not recommended) it also means that you’ll likely see some people you don’t know. Be prepared for strange faces and stay focused on your case.

There Won’t Be a Jury

Juries are typically used for criminal cases and aren’t necessary in divorce cases. Your divorce will be presided over by a commissioner or a judge. Remember to call the judge “your honor” when addressing him or her to show respect.

Contact Our Office Today 

Divorce is best handled by a competent divorce attorney. Facing family court alone, even with a few ideas of what to expect, can be a harrowing experience. Contact our office for a consultation today to discuss your divorce options, to file for divorce, or to get help preparing for an upcoming divorce hearing. Call now at 1-954-765-1900.