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Law related articles writen by lawyers
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Florida Alimony Reform 2015

  February 27, 2015     By Matthew Lane & Associates, P.A.
Florida Alimony Reform legislation was introduced in the Florida House of Representatives on February 23, 2015. This bill creates guidelines, comprised of presumptive alimony amounts and presumptive alimony durations.

What to Expect at a Florida Small Claims Pretrial

  February 25, 2015     By Florin Legal, P.A.
Service of a Small Claims Lawsuit is often a consumers first interaction with the civil court. Here is a quick explanation of what to expect at a Florida Small Claims Pretrial.

5 Common Defenses to a Credit Card Lawsuit

  February 25, 2015     By Florin Legal, P.A.
Five Common Defenses to a Credit Card Lawsuit include reviewing consent orders, inconsistencies, contract amendments, counterclaims, and payment plans.

Warratless Blood Draw in DUI Investigation

  February 19, 2015     By Kenneth Padowitz P.A.
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.

What is the Fundamental Attribution Error?

  February 19, 2015     By Kenneth Padowitz P.A.
The fundamental attribution error is a term, which refers to the common human error in which people tend to underestimate situational influences and overestimate individual personality factors, when explaining behavior.

Defenses to the Enforcement of Timeshare Contracts

  February 19, 2015     By Aaronson Law Firm
Understand your timeshare contract obligations, the hidden language, and the defenses that may get you out of your agreement.

For Florida Parents, Child Support Payment Anxiety Can Indicate Underlying Trust Issues

  February 17, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
Most Florida parents realize that they must continue to provide for their children after they have been divorced.

In Florida, Couples Should Consider Property Division Before Creating Tax Strategies

  February 16, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
Wealthy Florida residents who are married or planning to get married might want to consider creating a prenuptial or postnuptial agreement before they consult their financial advisor to plan their tax strategy for the coming years.

Florida Military Ex-Spouses Should Review Benefits after Divorce

  February 16, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
Many Florida residents who are ex-spouses of military personnel may be unaware that they may be eligible for benefits after they have been divorced.

New Technology, New Definition of “Family” May Change Florida’s Child Custody Law

  February 16, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
Many Florida families look at the new technologies by which children can be conceived and wonder how best to interpret the meaning of the word “family.”

Differences Between Assault and Aggravated Assault

  February 6, 2015     By Morris Law Firm
Assault and aggravated assault charges in Florida differ based on a variety of factors, including if a deadly weapon was involved in the offense and who is the alleged victim. Assault generally is a misdemeanor with possible jail time, but aggravated assault is a felony offense with harsher penalties.

Prescription Drugs Without a Prescription

  February 4, 2015     By Thomas Shawn Lupella PA
Possession of prescription drugs without a prescription and/or obtaining them by fraud crimes are rapidly becoming some of the most frequently charged felonies and misdemeanors in Okaloosa County.

Alcohol and Mind Wandering

  January 28, 2015     By Kenneth Padowitz P.A.
Alcohol has been shown to be one of the leading causes of fatal car accidents; around 58% of drivers involved in fatal crashes were found to be driving under the influence of alcohol in a research review article. An article written by Michael Sayette and colleagues in Psychological Science, suggests a factor contributing to the commonality of DUI arrests: mind wandering.

Overview of Business Crime in Latin America

  January 27, 2015     By Diaz Reus, LLP
While several Latin American countries have vowed to combat corrupt practices and have enacted legislation to formalise their intentions, meaningful change requires active enforcement as well as the political will and sacrifice to exact it.

Different Issues Handled by a Family Attorney

  January 23, 2015     By CP Law Firm
You are proposed to contemplate a number of distinct things, with regards to selecting quality family attorneys.

Florida Homeowners and Investors Bracing for Next Huge Wave of Mortgage Foreclosures

  January 22, 2015     By The Neustein Law Group, P.A.
The next foreclosure epdimic is coming from hundreds of thousands of Home Equity Lines of Credit (HELOC)s that are coming due after their 10 year term.

Florida Couples Using Divorce Mediation may Benefit from Financial Adviser

  January 21, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
To help couples navigate through the murky waters of divorce settlements, divorce mediation can be a real lifesaver.

Displaced Aggression Theory - Road Rage

  January 19, 2015     By Kenneth Padowitz P.A.
Displaced aggression can occur when someone cannot aggress towards the source of incitement or provocation, so instead takes it out on something else and behaves aggressively towards another individual that had nothing to do with the initial conflict.

Florida Couples Should Keep Debts in Mind During Divorce Mediation

  January 12, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
So many issues come up during divorce mediation that couples often become overwhelmed with all of them. Child custody, alimony, and child support are only a small part of the items that should be covered.

For a Friendly Divorce, Florida Couples Find Help in Divorce Mediation

  January 12, 2015     By Daniel M. Copeland, Attorney at Law, P.A.
If couples can put their differences aside to create an atmosphere of teamwork, they can work with a divorce mediator to help them achieve a friendly divorce.

Psychopathy and Altruism Opposite Ends of the Spectrum

  January 11, 2015     By Kenneth Padowitz P.A.
Psychopathy is a personality disorder believed to be affecting 1-2% of the world's population. Those afflicted have certain personality characteristics: Shallow emotions, superficial charm, impulsiveness, and lacking any empathy or remorse, often leading to antisocial behaviors and criminal activity.

Drug Trafficking: Not All Charges Are Equal

  January 11, 2015     By Kenneth Padowitz P.A.
There are often completely different outcomes in similar criminal cases depending on the statute an individual is charged with. Prosecution must be accurate and precise in their charging decisions. Charging someone with the wrong crime can result in charges being dropped; cases are lost all the time due to technicalities.

Risk Factors for Criminal Behavior Peer Rejection

  January 10, 2015     By Kenneth Padowitz P.A.
It has been continually shown over the years by developmental psychologists that a child’s peer relationships are essential in proper emotional and social development of an individual. Around the time of puberty, these adolescents begin to become more susceptible to the influence of their friends, and less susceptible to the influence of family or parents.

Legally Insane: The Insanity Defense

  January 7, 2015     By Kenneth Padowitz P.A.
The insanity defense is one of the least successful defenses in a criminal case. The determination of the suspect’s mental state at the time of the criminal offense, as well as at the time of trial can be a challenging task; the defense actually has the burden of proof in Federal cases, as well as most State charges, in showing the defendant to be insane.

Confessions: Police Interrogation

  January 7, 2015     By Kenneth Padowitz P.A.
A confession is probably the most damaging kind of evidence that you can give to the police, and will surely be presented in court in front of a jury. It is almost as bad as blowing into the Breathalyzer when you know you’ve had more than two drinks.

Most Common DUI Question Answered

  January 4, 2015     By Kenneth Padowitz P.A.
Most Common DUI Question Answered: What Do I Do If I Am Pulled Over?

Driving While License Suspended or Revoked Offenses in Florida

  January 4, 2015     By The Kilfin Law Firm PC
Driving with a suspended or revoked license can be as benign as a civil traffic violation or as serious as a third degree felony, depending on the reason for the suspension and/or your number of prior convictions.

Drug Conspiracy Law in Florida – Hampton v. State

  January 3, 2015     By Kenneth Padowitz P.A.
A conspiracy is defined in law as an agreement between two or more individuals to commit a crime. Although this may seem like a pretty straightforward definition, as with most criminal law, it is up to interpretation. Here we discuss Florida’s Fifth District Court of Appeals interpretation of a conspiracy charge, and how it applies to those accused of drug trafficking. In Hampton v. State, Albert Hampton appeals a guilty verdict of conspiracy to traffic cocaine.

Domestic Violence: A Heavy Accusation

  December 25, 2014     By Kenneth Padowitz P.A.
Domestic violence is a serious accusation and can have devastating effects on the life of those accused.

Xarelto Side Effects Leading to Legal Effects

  October 29, 2014     By Baker & Zimmerman
Even though Xarelto is a new drug on the market, the negative side effects have grown greater than those from Pradaxa. Both of these drugs have experienced bleeding issues with consumers because they are anticoagulants. The only difference between the legalities of the two drugs is that a lot of Pradaxa's cases have been settled while Xarelto's cases are just getting started and are unfortunately, firing up.

If Your Spouse Files for Divorce While on Deployment

  October 16, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Even under the best of circumstances a marriage can be difficult and often times will not work out. Being a service member whose duty at times requires overseas deployment for long periods of time can lend even more strain.

10 Things to Know About Divorce for Florida Residents

  October 7, 2014     By Rechel & Associates, P.A.
If you are a Florida resident and thinking about getting a divorce, there are several things you should keep in mind about Florida’s divorce laws. These items are important aspects to saving you time, sanity or both.

How Do You Determine Who Owes What Debt?

  September 19, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
Divorce cases are already confusing without trying to figure out how all of the financial obligations are going to be divided between both parties. Many people think that they don’t have to worry about their debts because they can pawn them off on the other party. Just because you can get rid of the spouse, that doesn’t mean your debts are going to disappear as well.

How to File a Florida Construction Lien in Order to Get Paid

  September 14, 2014     By The Barthet Firm
Getting paid on a construction project can sometimes be difficult. Securing your right to be paid by recording a lien can significantly increase your odds of getting paid. In this article, we will describe the documents you need to file and record, and when, in order to perfect your construction lien rights in Florida.

Six Financial Dos and Don’ts When It Comes to Divorce

  September 9, 2014     By The Coleman Law Group
Nobody said the divorce process was easy—but know life after divorce is possible. During a divorce, you’ll be faced with several important decisions that will ultimately affect your life both short- and long-term. Keeping your financial security in mind will make all the difference.

Domestic Violence Offenses in the Tampa Bay Area

  August 27, 2014     By The Kilfin Law Firm PC
In Florida, domestic violence is defined as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in injury or death of one family or household member by another family or household member.

Reviewing Residential Construction Contracts

  August 21, 2014     By Pohl & Short, P.A.
There are many high-quality contractors in Central Florida that do an outstanding job, building beautiful homes. They try to get their projects finished on schedule and within their client’s stated budget, as they know that their hard-earned reputations are on the line.

Prenuptial and Postnuptial Agreements

  August 19, 2014     By Daniel M. Copeland, Attorney at Law, P.A.
When people think of weddings, the first thing that comes to mind is love and happiness. However, most marriages end up in divorce, which is why parties need to protect themselves before that step is ever reached. To cover both your finances and other types of properties, it’s crucial to look into hiring a family lawyer to draft up some kind of agreement. Typically, there are two contracts used when dealing with marriages and they are prenuptial and postnuptial agreements.

Golf Carting in Florida

  August 13, 2014     By Winters & Yonker, PA
Those operating golf carts in Florida should understand that the Florida legislature intends to protect persons and property from the all-too-common accidents associated with golf carts and other motorists and pedestrians.

Burglary Offenses in the Tampa Bay Area

  August 10, 2014     By The Kilfin Law Firm PC
Simply put, burglary involves entering a house, structure, business, or vehicle without the consent of the owner and with the intent to commit a criminal offense once inside. Burglary is an invasive property crime that can have some very serious, life altering consequences for the accused person.

Florida Sentencing Enhancements Pt. 2: Habitual Felony Offenders & Habitual Violent Felony Offenders

  July 29, 2014     By The Kilfin Law Firm PC
An overview of the Habitual Felony Offender and Habitual Violent Felony Offender statutes. Unlike the PRR statute, which precludes the court from imposing a sentence that is less than the statutory maximum, these recidivist provisions increase the statutory maximum and, in the case of an HVFO, impose certain minimum mandatory prison terms as well.

4 Common Misconceptions About Child Support After Divorce

  July 23, 2014     By The Coleman Law Group
We’ve all heard of child support: an ongoing, periodic payment made by the noncustodial parent following the end of marriage. In fact, even in “joint custody” cases, there’s still a custodial parent—who the child spends more time with—and a noncustodial parent, and child support must be transferred. An exception to this would be if both parents earn the same income, pay equal amounts of expenses for the child and have the child the same number of days.

Roller Coaster Wrongful Death at Higher Rates than Shark Deaths

  July 23, 2014     By Baker & Zimmerman
While most of us worry about swimming too far off the coast during a summer vacation, we don't realize that we're more at risk on a roller coaster than a shark when venturing outdoors this season.

Why the Surge of Children Being Forgotten in the Back of a Car?

  July 23, 2014     By Baker & Zimmerman
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?

Slip and Fall Accidents More Common Than We Thought?

  July 21, 2014     By Baker & Zimmerman
If you presumed that only the elderly are prone to slip and fall incidents, think again. Many people just older than 24 are affected by slip and falls every day, with numbers going into the millions annually.

5 Things You Need to Know Before Filing for Bankruptcy

  July 16, 2014     By The Coleman Law Group
In 2013, nearly 40,700 Floridians filed for bankruptcy. An important, life-changing decision, coming to terms with the fact that you need to file could be the light at the end of a seemingly long, debt-filled tunnel—that’s why it’s imperative you get the facts, know your rights and obtain accurate, aggressive representation from a local Tampa Bay area law firm.

Zoloft Lawsuit for Birth Defects Related to the Use of Sertraline

  July 15, 2014     By Abbott Law Group, P.A.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.

Florida Sentencing Enhancements Pt. 1: Prison Releasee Re-Offenders

  June 28, 2014     By The Kilfin Law Firm PC
Florida has some harsh recidivist sentencing statutes, the most draconian of which is the PRR statute. This article outlines the circumstances under which the statute applies, and its implications for an accused person.

What Do I Do If My Criminal Attorney Performs Below Expectation

  June 26, 2014     By Law Office of James Davis, PA
Attaining success in a criminal case is not an easy feat and requires close cooperation between the accused person and their attorney. The stakes are high considering the fact that your freedom is at risk with possible long term ramifications and legal financial implications. There should be high a level of communication exchange between you and the criminal lawyer assisting with your case.

Divorce & Family Law Courts: The Ten Biggest Mistakes Men Make

  June 23, 2014     By The Coleman Law Group
It’s no secret, when it comes to divorce with children involved, there seems to be an inequality in the courts based on gender—more often than not, the mother walks away with all of the rights, leaving the father frustrated and denied of the paternal rights deserved.



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