Our founding fathers very specifically crafted the protection against self-incrimination located in the Fifth Amendment with a purpose. The protection dates back to English common law when the courts sought to prohibit the use of inquisitorial methods of interrogation. By the late 1700's, Parliament had begun to recognize the presumption of innocence. Of course, these ideas were carried over into colonial America Read More
To Blow or Not to Blow…
If you have been pulled over for a DUI, failed the field sobriety exercises, and told you are under arrest, the next step is submission to a breath test. You will be asked if you will submit to a breath test. You can refuse. You have to determine if this is the best choice for you in the moment. If you refuse to submit to a breath test, your driver's license will automatically be suspended for a year in Florida. Read More
Think Before You Post
Documenting our lives on social media has become second nature. When an event occurs, we immediately take a picture and post it to some sort of social media account. Most people do not consider the legal consequences of what they put on their social media accounts. I recently put a meme on Instagram that read, “Dance like no one is watching; email like it may one day be read aloud in a deposition.” I Read More
Is It Possible to Reinstate My Driver’s License After A DUI Conviction?
Yes, for most people it is possible to reinstate your driver's license.If you make a mistake and only have one DUI conviction, Florida statute requires the revocation of your driver’s license for 180 days to 1 year. Sometime prior to the expiration of the revocation period, you may apply for hardship license. In order to be approved for a hardship license, you must first complete DUI School and treatment, if Read More
Be Careful What You Sign: Protecting Yourself and Your Assets
Sometimes people just sign documents without even reading them. This practice is a dangerous one, especially when it comes to a power of attorney. Be wary of general power of attorney documents that give broad power and have no expiration date. I have seen two situations with horrific outcomes: 1), where a person did not even realize he or she was signing a power of attorney document, as it was Read More
Defending Against Domestic Violence Charges
Domestic Violence abuse is a serious allegation and nothing to joke about. The unfortunate truth is that many innocent people are falsely accused each year of domestic violence crimes. The reason is because all it takes is a phone call to 911 and an allegation, and someone is going to jail. For example, the definition of domestic violence battery is any actual and intentional touching or striking of another person Read More
Premarital Agreements
I have recently been asked a lot about premarital agreements. I personally have mixed feelings about them. My optimistic side, that wants to believe in the happy ending, sees them as setting your marriage up for failure. But then my lawyer side kicks that version of myself right back to reality. Depending on how you look at the statistics, approximately half of all marriages will end in divorce. No matter Read More
Time-Sharing and Suitcases
Let me preface by saying I am not a child psychologist--I am just a lawyer. I came across this article in the Huffington Post yesterday and I paused. In my job, I work with parents who underneath it all, want what is best for their children. But sometimes, because of their own hurt and anger, they get sidetracked and lose sight of that. This article demonstrates what happens to children when parents lose Read More
You Can Say No
Many people are taught growing up that they must be respectful to police officers and submit to their authority. Police officers do come into harm's way quite frequently and work hard to protect society as a whole. However, respecting police officers does not equate giving up your rights. You have a right to privacy that is specifically protected by the Florida Constitution. You also have a right to Read More
Shared Parental Responsibility
You may have heard the term "shared parental responsibility" when it comes to child custody. This doctrine means that each parent keeps full parental rights and responsibilities with respect to the child and both parents must communicate with each other so that major decisions affecting the welfare of the child will be determined jointly. Examples of decisions that are typically subject to shared parental Read More
