• Find Legal Articles
Expert Witnesses

Florida Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Florida




Are DUI Field Sobriety Test Admissible in Florida Courts?

  January 30, 2016     By Thomas Shawn Lupella PA
There are two ways for law enforcement to determine whether a driver is impaired. The Breath Analyzer and Field Sobriety Tests. Field Sobriety Test results are not always reliable, there are often other elements, such as the weather, or the ground surface in which the tests are performed. The question is are the results admissible in Court?

Notice of Assignment of Mortgage before Suit Is Not a Defense to Foreclosure in Florida

  January 21, 2016     By Klurfeld & Associates, PA.
Recently foreclosure defense attorneys have argued that FL Stat. 559.715 is a condition precedent to foreclosure and a defense to foreclosure. Recently the 2nd DCA finally rules on the issue and held otherwise.

Florida May Allow for Lower Sentences for Drug Traffickers

  January 10, 2016     By The Wade Law Firm
Drug Trafficking charges in Florida are basically only trumped up possession charges. This means that to prove drug trafficking, the state attorney only needs to prove that the defendant possessed a certain amount of a controlled substance – this amount is defined by Florida Statute 893.135 and is different for each drug.

What Foreign Nationals Need to Know about Buying Florida Real Estate

  December 29, 2015     By Jurado & Farshchian, P.L.
Florida real estate has always been attractive to foreign buyers, even before the housing crash that depressed prices for both residential and commercial real estate and made foreign investment in Florida real estate a bargain for many buyers.

Employment Immigration Visa Options for Florida Businesses

  December 28, 2015     By Jurado & Farshchian, P.L.
Last year, the H-1B filing period lasted only five business days due to the high demand for H-1B visas. In 2015, there are 65,000 H-1B spots set aside for foreign nationals working for U.S. companies that meet the requirement of at least a bachelor’s degree or equivalent, and 20,000 spots for those with U.S. master’s degrees. The demand for H-1B visas this year is expected to be even greater than in 2014.

Pros and Cons of Forming an LLC for Real Estate Investments

  December 22, 2015     By Jurado & Farshchian, P.L.
Forming a limited liability company (LLC) for real estate investments has been a common practice in Florida for more than 30 years because an LLC can help investors protect their personal assets from any liabilities associated with their real estate investments.

Advantages of Being Represented by a Personal Injury Attorney

  December 22, 2015     By CP Law Firm
Many consumers who experienced personal injuries through others negligence tend to dismiss their misfortune with a personal undertaking of costs incurred.

6 Circumstances Where You Need a Florida Immigration Attorney

  December 21, 2015     By Jurado & Farshchian, P.L.
Those wishing to enter the U.S. as a legal immigrant or facing deportation often find the U.S. immigration process to be complicated, confusing and even frightening. Hiring an experienced Florida immigration attorney to help you navigate this process can increase the chances of a favorable outcome for your case.

How to Avoid Everyday Immigration Mistakes Employers Make

  December 16, 2015     By Jurado & Farshchian, P.L.
Florida employers seeking to hire foreign nationals have several options for doing so through a variety of work visa options from the U.S. government. Most employers find the work visa application process confusing and frustrating, which is why it is important to seek the counsel of an experienced immigration attorney to assist you.

The Prevalence of Brain Injuries

  December 9, 2015     By Shapiro, Goldman, Babboni & Walsh
Brain injuries are extremely common. In fact, it is estimated that two million people suffer a brain injury each year. Nearly 500,000 people are hospitalized as the result of a brain injury. Most people will sustain some type of brain injury in their lifetime.

What Florida HOAs Need to Know About the Marketable Record Title Act

  December 1, 2015     By Jurado & Farshchian, P.L.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.

For Complicated and Crucial Injury Lawsuit, Be Prepared for the Possibility of a Lengthy Legal Process

  November 30, 2015     By Shapiro, Goldman, Babboni & Walsh
Lawsuits for personal injuries can result in massive settlements and have long-lasting effects for all parties involved. With so much riding on the outcome, such settlements are often hotly disputed in court room litigation. As such plaintiffs should prepare themselves for a potentially long process.

Transfer Real Estate Without Probate With a Lady Bird Deed

  November 27, 2015     By Jurado & Farshchian, P.L.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.

Why You Should Go to the Doctor After a Car Accident in Florida

  November 29, 2015     By Diederich Law Firm, P.A.
According to statistics compiled by Orlando regional transportation authorities, an average of 55 people are injured every single day in car accidents within Orange, Osceola, and Seminole counties. This works out to more than two people injured every hour. While most of these injuries are not life-threatening, it is always a good idea for anyone involved in an accident, no matter how minor, to seek immediate medical attention.

What Florida HOAs Need to Know About the Marketable Record Title Act

  November 24, 2015     By Jurado & Farshchian, P.L.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.

Can I Travel While on Probation?

Probation may be a part of the punishment given to you after being convicted of a crime in the state of Florida. It is important to understand that when you have been placed on probation during the sentencing process, you need to comply with all of the conditions outlined by the court. If you violate your probation terms and conditions, you could find yourself in even bigger trouble than before.

How Common Is Assault Against Men?

In Florida, assault occurs when an individual intentionally threatens another person with violence, placing the victim in fear of an imminent attack. A person commits battery when they actually commit the violent act. Florida's domestic violence statute incorporates both assault and battery, along with other offenses, such as stalking, kidnapping, and false imprisonment.

Florida Sentencing Enhancements: 10-20-Life

This article provides a general overview of Florida's 10-20-Life statute. 10-20-Life operates to enhance the penalties of those offenders to who use weapons and, more specifically, firearms during the commission or attempted commission of certain felony offenses.

Managers, Did You Sign a Non-Compete Agreement?

Providing community association management services to community associations is highly competitive.

Leaving the Scene of an Accident - Hit & Run Offenses in Florida

When involved in a traffic crash, a driver has a duty to remain at the scene, provide certain information, and render aid if necessary. A violation of these requirements is a criminal offense, the severity of which depends on whether property damage, personal injury, or death result from the accident.

Florida’s New Service Animal Laws – A Nail without a Hammer

When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse).

What if I Ignore a Florida Credit Card Lawsuit?

After served with a Florida Credit Card lawsuit, depending on the balance alleged by the creditor or debt buyer, the Defendant has to either: File a written response to the lawsuit within 20 days (balance over $5,000), or Attend a small claims pretrial/mediation conference (balance under $5,000).

Obtaining Compensation for Brain Injuries Often Leads to a Complex Legal Showdown with Insurance Companies

Brain injuries change lives. They change the lives of the victim as well as the lives of their family members. Many people need life-long therapy or care after a traumatic brain injury (TBI), some may not be able to leave a medical care facility.

Personal Injury Attorneys Help Car Accident Victims Get Full Compensation

It's a day nobody thinks about, but then it happens. A person is involved in a car accident. Nobody wants this in their life. When this day arrives, they could be facing a difficult situation. Car insurance is something most people pay for every month and hope they never have to use. People are often disappointed when they become aware of the many things their car insurance may not cover. This is when they realize the insurance company wants to pay them as little as possible for their accident.

4 Tactics to a Better Premises Liability Case

You have to deal with the insurance company in every premises liability case. For that reason, there are several things to bear in mind. Insurance companies will use various tactics in the hope of convincing you that your claim is not that serious.

Frequently Asked Questions about Injury Accident Settlements

If you were injured in an accident, and someone is at fault for that accident, you may be able to recoup money for your injuries. Unfortunately, it can be challenging to do this on your own, which is why there are many benefits to hiring an Injury Law Firm to assist you with this. If you have never been involved in this type of law suit, you may have many questions about injury accident settlements.

The Lion's Share of Motorcycle Accidents Involve Inattentive Drivers

Motorcycles are everywhere, and drivers of cars and trucks should watch out for them. A motorcycle accident is potentially more dangerous than a typical car crash. Motorcycles aren’t outfitted with airbags, seat belts, steel cages, or other typical safety features found in cars and trucks.

Understanding Commercial Agreements: What You Need to Know to Protect Your Business

The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).

There Is Always the Chance that You May Be Involved in a Car Accident

Most drivers exercise caution when they are behind the wheel. However, even though you may be driving cautiously and doing everything in your power to avoid an accident, there are still other drivers on the road who may be negligent. That is why people find themselves in a car accident every day.

What You Need To Do After Being Bitten By a Vicious Dog

Dog bites occur all the time across the country. Something many people do not realize is that you have legal rights if a dog bites you. You can file a claim to be compensated for anything from medical bills to lost wages.

Four Ways to Protect Heirlooms from a Family Feud

The passing of family heirlooms from one generation to another should be a welcome tradition in most families, but unfortunately, this process can cause long-lasting family rifts if not done properly. There are many stories of families that have split over a silver tea service or a portrait of a long-dead ancestor.

Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals

This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.

Homeowner Associations Be Aware And Wary Of The Marketable Record Title Act

Under current Florida law, there is a trap that can result in the expiration of the covenants for the community. Under the Marketable Record Title Act, Chapter 712 of Florida Statutes (“MRTA”), residential homeowners’ associations are required to preserve the integrity of the declaration for the entire community to retain the status of the declaration as the source of marketable title with regard to the transfer of a member’s residence.

To Hire or Not to Hire: Independent Contractors Versus Employees

Most of the time, hiring an independent contractor for your business is a means of providing a temporary subject matter expert who can provide some measure of unique support. While some businesses do continue to retain employees of this type that have provided vast contributions to an organization this is not usually the case.

Divorce and How it Affects 401(K) Plans and Retirement Funds

401K and retirement, along with any other type of savings benefit or pension program that us meant for retirement, are all considered to potentially be marital assets, according to Florida law.

How to Get a Divorce Without Losing Your Life’s Savings

Many people want to get divorced, but put off filing paperwork due to the costs associated. However, there are other ways to handle a divorce.

Top Eight Reasons You May Need Startup Attorneys

Most people who have a good idea and not a lot of startup cash don’t think to involve attorneys right away because it feels like something that is expensive and can come later in the process when there is something to lose.

Seeking Legal Assistance in Response to a Collision or Accident

Finding an attorney for car accident damages, civil cases and insurance disputes is a concern that should always be taken seriously.

Don’t Neglect these Issues that Could Deplete Your Estate

Individuals need to take the following often-neglected but important issues into consideration when developing an estate plan or they risk depleting estate assets:

Legal Considerations for Operating a Home-Based Business

Almost half of the small businesses in the U.S. are operated from home, and that number is growing as the working population ages and changes careers. While the convenience of operating a home-based business is hard to beat, you need to be sure you are not running afoul of any local regulations or state tax laws while operating your business. Some considerations:

101 of Non-Compete Agreements: Everything You Need to Know about Protecting Your Business

Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?

What a Personal Injury Lawyer Can Do for You After a Hit and Run Accident

Hit and run accidents are particularly brutal and traumatic. They create many problems afterwards especially if the driver cannot be found. You could be left pleading with an insurance company for just a small amount of compensation. This is why you need to contact a lawyer right away. A personal injury attorney can do many things for you after a hit and run accident.

Know the Rules for Hiring and Managing Interns

Many small businesses thrive with the extra help interns provide at little or no cost to the business. However, there are things small business owners need to know about hiring and managing interns.

Fleeing and Eluding Offenses in Florida

In the State of Florida, fleeing and eluding a police officer is a felony offense that carries some harsh penalties, including a mandatory adjudication of guilt and a mandatory driver's license suspension, which can range from one to five years. This article outlines the proscribed conduct, the varying degrees of this particular offense, and its associated penalties.

Understanding the Importance of New Florida PIP Insurance Rules after an Accident

In New Florida, there some specific laws of insurance that demand owners of motor vehicles to have at least 10,000 dollars in personal injury protection coverage and just 14 days to use that coverage if needed.

Is it Possible to Appeal my Case?

There are two ways to appeal any judgment or non-final order handed down in a courtroom. The first way is to report a misapplication by the judge. This is otherwise known as an error of law. The other way is to make an argument that there was not enough evidence to support the final judgment.

If I Hacked My Spouse's Computer during a Divorce Can it be Used Against Me?

Trying to spy on your spouse should never be done. With the changes made to Florida law including cyber stalking, spying is against the law. This type of action can be considered criminal. Refer to the Florida Statues 784.048.

Brain Injuries Change Lives Permanently

A traumatic brain injury (TBI) can result from a blow to the head that may or may not show outward objective evidence of injury like a bump, cuts or bruising. A TBI can also occur when the brain gets jostled inside of the skull and collides with the bone against it. About half of these injuries occur when the victim is involved in a motor vehicle collision.

Criminal Mischief Offenses in Florida

Criminal Mischief is, for all intents and purposes, "vandalism". In Florida, this property crime may be prosecuted as either a misdemeanor or a felony, depending on the extent of damage, the nature of the property involved, and whether the accused person has prior convictions for the same offense.

Considerations When Pursuing a Lawsuit for Car Crash Injuries

Car crash injuries can affect your entire body from head to toe, but there are certain injuries that are the subject of lawsuits more often than others. Those injuries and what the lawsuits entail follow.



Contact a Lawyer

Find a Local Lawyer