The Tayvon Martin Investigation: protesters want “Ready, Fire, Aim” approach

March 28, 2012

One cannot open the newspaper or turn on the television without hearing of the latest nationwide protests concerning the status of the investigation involving the shooting death of Tayvon Martin in Sanford, Florida. Most media commentators and every community activist, including both Jesse Jackson and Al Sharpton have widely criticized the local authorities for not […]

New Florida Legislative attack on Medical Malpractice Claims

February 15, 2012

The Florida Legislature has embraced many attempts in the past to unduly restrict the rights of potential claimants in medical malpractice cases. Caps on damages, a worthless pre-suit screening process and an abbreviated Statute of Limitations are but a few that have been successfully enacted into Florida state law. During its current session, the Senate […]

“Protective Sweeps” – Beware the Search in Disguise

November 29, 2010

Recently, one of my clients called me after she had been arrested for possession of a controlled substance which was discovered in her house by police officers who gained entry and subsequently searched her home under the guise of conducting a “protective sweep”. A “protective sweep” is narrowly defined as a cursory search of a […]

Waiver of Sovereign Immunity in Florida: When the “King” can be sued

October 30, 2010

At common law, no government could be sued for damages by one of its citizens, no matter how egregious the negligence by a government agent or employee may have been. “The King can do no wrong” was the operative phrase which insulated governments from liability since Medieval times. In Florida, that changed in 1975, when […]

Florida’s Proposal for Settlement Rule: It’s still “David vs Goliath”

September 3, 2010

In an apparent desire to promote settlements in civil cases, the Florida Legislature created the “Proposal for Settlement ” rule pursuant to Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442. In a nutshell, the rule provides both the plaintiff and defendant the opportunity to extend a pretrial settlement offer to the opposing party […]

In Florida Criminal Sentencing, It’s the Guidelines That Count

August 17, 2010

Many clients come to me after they have been arrested for a felony charge and quickly ask me “what they are looking at” as far as a possible sentence should they be found guilty. Prior to 1983, that determination was totally within the discretion of the Judge, who could render, in almost all cases, a […]

How Will a Prior Injury Affect My Personal Injury Claim?

August 2, 2010

Anyone who has lived a fairly active lifestyle has probably incurred an injury to their neck, back or an extremity. Unfortunately, many people have also sustained prior injuries as a result of motor vehicle accidents, slip and falls or other accidental mishaps with varying degrees of permanent impairment. Many of my clients who seek my […]

How to Choose a Personal Injury Attorney, or “Can he find the Courthouse?”

July 7, 2010

In this day and age, consumers are literally bombarded with advertising messages from personal injury attorneys. Billboards, Yellow Pages, Internet sites and Television ads all tout how “aggressive” a particular law firm or attorney is in handling personal injury matters. While being “aggressive” is not necessarily a bad quality , you must look beyond the […]

How to Choose a Criminal Defense Attorney

July 2, 2010

        Being arrested or informed they are the subject of a criminal investigation can create one of the most stressful situations a person can face in their lifetime. Relationships with loved ones, present and future employment, and even one’s freedom are all placed in peril, often times in an instant. As a result, it is […]

Pulled over for a DUI ? Now what???

June 28, 2010

      In my 28 years of practicing criminal law, first as a prosecutor and now as a criminal defense attorney, I have handled many hundreds of DUI cases. Approximately 30 of those cases have culminated in a jury trial. As a result of that experience, I have been asked numerous times about what happens at […]