Florida’s strict DUI protocols leave much to interpretation

Major changes in litigation, along with adjustments in the handling of driving under the influence convictions has made Florida one of the toughest states on DUI cases. It is one of the only charges where adjudication cannot be withheld, a legal maneuver that is often seen as a reasonable resolution to criminal offenses, including drug […]

For Many Judges and Prosecutors, Right and Wrong Don’t Matter

This may sound like a bold assertion – specially to the millions of Americans conditioned by entertainment media to believe prosecutors and judges are always “the good guys” – but to seasoned legal experts, it is hardly audacious. The simple fact is that those who make up our judicial and law enforcement system are no […]

A Defense Lawyer Offers a Lesson on Prosecutor Fallibility

The following incident took place in 1994, yet it offers salient lessons on why criminal defendants need protection in – if not from – the U.S. legal system. Its continued relevance says a lot about what defendants often face in trials. In DuPage County Circuit Court in Illinois, a case’s sole witness – a police […]

Common Mistakes With Probate and How to Avoid Them

The ideal estate plan includes a comprehensive review of the titles and designated beneficiaries for all assets. Poor estate planning can lead to years of legal battles and red tape among heirs. Among the most common circumstances in which estate plans go wrong concerns the way beneficiaries are designated. As an experienced South Florida Law […]

The Basics of Probate

Probate is a court-supervised legal process that recognizes a will and appoints an executor or personal representative to administer the estate and distribute the assets to the specified beneficiaries. Contrary to popular belief, the majority of probate proceedings are relatively smooth and timely, though their necessity depends on a range of factors. Probate laws vary […]

Marijuana Possession Becomes Decriminalized in Miami-DadeCounty

As a reflection of the growing public acceptance of marijuana legalization, the most populous county in Florida has recently passed a new ordinance that takes a major step towards that end. Miami-Dade County now gives police officers the discretion to give a civil citation – normally a $100 fine or two days of community service […]

Famous Sex-on-Beach Case Raises Questions About Sex Offender Registry

No one would deny that sex-related crimes should be prosecuted to the fullest extent of the law. But as with so many other necessary and well-intentioned public laws, the net is being cast too wide, ensnaring the wrong people rather than more dangerous offenders. This was made painfully clear by the recent sentencing of two […]

New Florida Prostitution Law Rife With Problems

Any decent person would agree that combating human trafficking is a great thing. So when the Florida Legislature’s “Anti Human Trafficking” bill becomes law this October, it should be a cause for celebration. But far from promoting the admirable goal of reducing human trafficking, the law increases the penalties of prostitution, and in a manner […]

The Audit Process of the I.R.S.

One of the most routine yet dreaded tax experiences is having the I.R.S. examine – aka audit – a tax return. Contrary to popular belief, the I.R.S. does this simply to verify that the reported tax is correct – it does not constitute an assumption of fraud or inaccuracy on the part of the taxpayer. […]

Addressing the Problem of Witness Intimidation

Witness testimony plays a pivotal role in criminal trials, so it is little wonder why those with a vested interest in the outcome go to great lengths to sway witnesses to act in their favor. Witnesses not only face threats and coercion by criminals, but more often than not must contend with such heinous behavior […]