Recent News

With the advent of the fourth quarter of 2010, my personal injury practice has, as is usual, focused on reaching year end settlements of cases which are currently in litigation. This trend is in large measure driven by the defendants' insurance companies desire to “clear their books” of cases bef...

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 exten...

As part of my criminal defense practice, I often represent juveniles and young adults who have been charged with criminal offenses. Since there is confusion and much bad information out there regarding the possible consequences of a criminal charge in juvenile and adult court, my first duty is of...

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 case...

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 im...

Under Florida law, motor vehicles have been classified as “dangerous instrumentalities”, a legal determination that can result in significant consequences when a vehicle is involved in an accident that causes personal injuries to others. The doctrine itself is rooted in the “common law” ( or case...

When I was growing up and at times a bit too prone to physical confrontations, my father advised me that while I should never run away from a fight, I should walk away whenever possible. Prior to July 1,2006, and contrary to the first part of my Dad's advice, the law in Florida required people to...

Under most circumstances, evidence of the prior criminal behavior of a defendant cannot be introduced at a trial which involves a new, unrelated crime. The overriding theory has always been that, if a jury hears that the defendant has engaged in conduct similar to the crime for which he is on tri...

“Trucking”, a 1970′s song by the Grateful Dead, contains the cryptic line “if you've got a warrant, I guess you're gonna come in”. While under most circumstances, the band was right, the majority of searches are conducted by police officers without a court authorized warrant. In speaking with cli...

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”...

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, oftentimes in an instant. ...

In 28 years of practicing criminal law, I have handled over 125 jury trials as both a prosecutor and a criminal defense attorney. In those roles, I have learned that one of the most important misconceptions I have had to dispel is that almost nothing of what is depicted in film or television cour...

In 28 years of practicing criminal law, I have handled over 125 jury trials as both a prosecutor and a criminal defense attorney. In those roles, I have learned that one of the most important misconceptions I have had to dispel is that almost nothing of what is depicted in film or television cour...

      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 ha...

Well, the business-friendly legislature in Tallahassee has struck again. First, they imposed restrictions on Worker's Compensation claimants which basically drove claimants' attorneys out of business and now they have enacted legislation which makes slip and fall injury cases nearly impossible to...

While scanning the letters to the editor recently in the St Petersburg Times, I came upon a letter which was highly critical of the fact that the local police had notified the public in advance of the location and times they were planning on setting up a DUI checkpoint to apprehend drunk drivers....

 I guess it was inevitable that the specter of the Federal government would cast its shadow upon settlement agreements between plaintiffs and private insurers, especially in these days of the perceived health care “crisis” and ever-expanding Federal entitlement programs.         Since the 1980′...

On June 1,2010, the U.S. Supreme Court issued its ruling in the case of Warden v. Thompson, case no. 08-1470, which, in a 5-4 decision, stated that in order for a suspect to assert his right to remain silent and right to counsel, he must “unambiguously” invoke those rights prior to,or during poli...

In my personal injury practice, I constantly interview new clients involved in auto accidents to obtain the specifics of the accident, their injuries, and the extent of the available insurance coverage. On most occasions, the client tells me early on in the interview that the other driver was iss...

In my personal injury practice in Tampa Bay, my clients, as part of their treatment for injuries suffered in auto accidents, slip and falls  and other negligence cases, are often referred to legitimate pain management specialists for follow up care. Most pain management physicians are board certi...

I receive calls quite frequently from both new and previous clients inquiring about having a prior criminal record sealed or expunged. While the terms are commonly used interchangeably, they apply to different circumstances and require a different process, depending on the outcome of the original...

Recently a client came to my office who had been arrested for possession of a controlled substance because he possessed them in a container which was not the original bottle in which the pills were dispensed at the pharmacy. I expect to be able to convince the prosecutor, and if necessary, the Ju...

I recently attended a deposition taken of my client by an attorney representing the defendant's insurance company. The client had sustained a neck injury in a motor vehicle accident and was still experiencing significant pain symptoms and receiving treatment at the time of the deposition. Unbekno...

Auto Insurance Explained “What is it ? What Does it Pay if I'm injured ? “FullCoverage” is the response I often receive when I ask my clients about their auto insurance. This is a term probably given to them by their insurance agent, but in reality has no legal significance. Too often my clients ...