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What to do When ICE Shows Up at Your Community

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We have all seen the headlines about immigration raids happening throughout the United States. The federal government is making a point to showcase these raids on news media and often include agents in full tactical gear going into a community unexpectedly with guns drawn.

Beyond the news reports, there has been a substantial increase in immigration arrests. According to the Department of Homeland Security, there has been a 627% increase in Immigration and Customs Enforcement (“ICE”) arrests in the first two months of 2025 compared to the entirety of 2024.

For nearly anyone, the thought of armed law enforcement coming toward them is a frightening thought. They are intimidating on purpose and will often push the limits to catch the people they are after.

For community association managers, it is important to stay calm and understand the rights of the community when dealing with any type of law enforcement, including those from Immigration and Customs Enforcement officers.

In a nutshell, the famous lyric in Grateful Dead’s Truckin’ applies. “If they got a warrant, I guess they’re gonna to come in.”

However, there are multiple steps to take before you let any law enforcement into a community, even if they have a warrant. As such, a community must have a plan to handle law enforcement needs – and an attorney must be called immediately

The attorneys at The Orlando Law Group can help associations put together a plan for law enforcement to ensure you stay within your legal rights, along with working to help lessen the impact when it happens.

Why Not Just Comply with Law Enforcement?

Nearly all our lives we’ve been taught to comply with law enforcement, however, as an association manager, you have the legal obligation to protect the privacy of your residents.

For instance, you can’t just turn over financial information or other personal information just because you were asked. You do not have to let law enforcement into your community’s private property arbitrarily.

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, and those searches performed without a warrant are presumptively unreasonable. In Florida, Article I, Section 12 of the Florida State Constitution, mirrors this protection.

So, private property owned by an association is generally off-limits to ICE officers without a judicial warrant or consent.

What steps does a community take when ICE shows up

Again, the first step for community managers is to develop and institute a plan for law enforcement, and it should be followed regardless of if it is the FBI, ICE or the local sheriff.

For non-gated neighborhoods, there is nothing you can do to prevent ICE from coming into a neighborhood as the streets and sidewalks are public property. If ICE is looking to raid a house in a non-gated community, it is on the homeowner to ask for a warrant, not the community association.

For a gated community, a condominium or an apartment building, all of the common areas, including the roads and hallways, are private property and law enforcement must take very specific steps to enter.

In those cases, an association manager needs to reach out to the community’s attorney immediately. The attorney will know all legal rights and requirements. In addition, the attorney can contact the law enforcement agency to ensure the steps being requested by law enforcement on the scene are on official business.

At that point, it is time to ask law enforcement for identification and to see any warrants that have been issued.

Understand the difference between a judicial warrant and an administrative warrant

When dealing with immigration issues, not all warrants are equal, however, law enforcement has no legal obligation to clarify the types of warrants. If they say they have a warrant and you let them in, you have given them consent.

The warrant that most people think of when it comes to warrants is judicial warrants. That’s when law enforcement appears before an impartial judge and presents evidence of a potential crime and the need for a warrant.

When law enforcement shows a judicial warrant, that is enough to allow law enforcement onto private property in the community.

We still recommend sending a copy of the warrant to an attorney for verification. That is because immigration officials also have the ability to use an administrative warrant that does not have the same powers as a judicial warrant.

Administrative warrants are focused on the individual who is accused of being in the United States illegally. They are not always administered by a “neutral and detached” magistrate as there are fifty-two immigration officer categories expressly authorized to issue arrest warrants for immigration violations, as well as “other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority.”

Therefore, an administrative warrant does not allow the same access to private areas. An administrative warrant is identifiable by being issued by an immigration officer/federal agency, and/or will be found on a form I-205 or I-200.

What about management company records?

Not all ICE actions will be against residents of a community. They could be targeting a vendor who is employing undocumented individuals. They also could be looking at the employees of the management company or just a fishing expedition to find potential immigrants.

The same rules apply here, with some extra protection. In these cases, ICE will issue a “Notice of Inspection” requesting all I-9 documents from employees. Associations will have three days to compile and provide the documentation.

For other records, it depends on a warrant and consultation with an attorney. Under no circumstance, should an association provide any confidential information about vendors or residents without a judicial warrant.

Why interfere with law enforcement actions at all?

To be clear, under no circumstances should any employee block law enforcement. Hopefully, the agents will work with the community association manager and follow applicable rules.

If they refuse or are moving toward a target because of a triggering event, the association manager needs to let them proceed and allow the attorney to look at any protections.

As stated before, an association has a legal and ethical responsibility to protect the confidential information of its residents and vendors. If you don’t follow the laws, your association could have some legal liability from the resident or vendor.

The attorneys at The Orlando Law Group can help your association prepare for any law enforcement action, including ICE raids as we represent more than 100 communities in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

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Be Ready to File Your BOI – or Go to Jail

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Next year, the federal government will be requiring businesses to increase the amount of reporting it provides. It is a new step that may catch businesses off guard as many businesses may not have even heard of the new types of disclosure.

But, if you own, invest or work for a small business, be ready to file your Beneficial Ownership Information to the federal government in January. Not doing so could result in significant fines and possibly jail time.

That sounds scary, right? 

It can be, but for most businesses, the actual act of filing this newly required information can be simple. Where it gets complicated is if your business is required and who you must disclose to the federal government. 

The attorneys at The Orlando Law Group can help businesses determine if they are required to file its Beneficial Ownership Information and file all the required documents for you.

Why do businesses need to report its Beneficial Ownership Information?

For most businesses, there is significant reporting required to publicly show the ownership of a business. 

For instance, a major company like Walt Disney Co. is publicly traded and all of its ownership information is accessible and public. A small investment firm files with the Securities and Exchange Commission. A non-profit organization files its ownership information with the Internal Revenue Service in its form 990.

Small businesses, for the most part, do not have to file this type of information with the federal government.

That is why, in 2021, the federal government passed the Corporate Transparency Act, hoping to provide more tools for law enforcement to find terrorists, money laundering, counterfeiting and more.

Yes, just like how we take off our shoes at the airport because of an act of terrorism, law-abiding small businesses will now have to file additional information with the government because of criminals. 

Who needs to file Beneficial Ownership Information?

If you are a small business with fewer than 20 employees and annual revenues less than $5 million, you most likely will need to file. 

There are 21 specific exemptions, like companies in the investment and financial realms. Most organizations who file as a 501(c) with the IRS are exempt. And large businesses are exempt.

For businesses that have multiple LLCs, such as a real estate firm that owns multiple properties or a restaurant group with each location a separate entity, this could mean filing a separate Beneficial Ownership Information for each one! 

Basically, if you have to file each LLC with SunBiz or any other Secretary of State, then each LLC needs to file separate Beneficial Ownership Information.

What needs to be included in the Beneficial Ownership Information? 

This is where the issue becomes complicated as the government is requiring small businesses to report anyone who has “substantial control” or “ownership interest” in the business.

The ownership interest is strait forward. Does an individual own 25 percent or more of a small business? If so, that person needs to be included in the Beneficial Ownership Information.

As to substantial control, in most businesses, this will include nearly everyone on the executive team. Specifically, the government says the following are required to be included:

  • The individual is a senior officer (the company’s president, chief financial officer, general counsel, chief executive office, chief operating officer, or any other officer who performs a similar function).
  • The individual has authority to appoint or remove certain officers or a majority of directors (or similar body) of the reporting company.
  • The individual is an important decision-maker for the reporting company.

The last bullet is where it gets complicated and will need to be a judgement call on the business owner. If someone in the business has any authority with finances, structure or business lines, they need to be included. 

What happens if a business does not report?

Here is where it gets scary. According to the federal government:

“The willful failure to report complete or updated beneficial ownership information to FinCEN, or the willful provision of or attempt to provide false or fraudulent beneficial ownership information may result in a civil or criminal penalties, including civil penalties of up to $500 for each day that the violation continues, or criminal penalties including imprisonment for up to two years and/or a fine of up to $10,000. Senior officers of an entity that fails to file a required BOI report may be held accountable for that failure.”

Keep in mind, this is not like filing with the State of Florida, where the fine is relatively small for not filing. This is an effort of the Financial Crimes Enforcement Network division of the United States Treasury. 

These are the people who spend every moment looking for criminals breaking the law to protect us. 

While the federal government says, “willful failure,” that term could apply to your actions if you “forget” to file or do not realize you need to file. It is still to be determined how that will be treated. 

It is certainly not something any business would want to be the test case for. Plus, pay attention to that last line of the government’s warning that says senior officers of the company can be held personally accountable for a failure to file.

When do we file our Beneficial Ownership Information?

For the first year, any existing businesses have all of 2024 to file its first Beneficial Ownership Information. 

However, if you form a new company after January 1, you will have just 30 days to file your information with the federal government. 

The attorneys at The Orlando Law Group can help your businesses prepare for this requirement as we understand business and represent clients in business law and more in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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#focusondrivingfl texting while driving

#FocusOnDrivingFL – What you need to know about the texting while driving in Florida

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Texting and driving can be a dangerous combination. In a 2014 report, the US Department of Transportation National Highway Traffic Safety Administration studied data from 2012. The data revealed that distracted driving was associated with 3300 deaths and 421,000 injuries in collisions in the US; much of the evidence in these cases suggests that smartphone use continues to be a substantial contributor to these incidences.

Further, AAA recently conducted a study that revealed 78% of Americans suggest that texting while driving is a “significant danger.” The study also cited that 35% of the respondents admitted to texting while driving.

Starting July 1, 2019, texting while driving has been defined as a primary offense in the state of Florida. Many people don’t realize that texting and driving was illegal before the July change. The difference is that previously, a law enforcement officer had to witness you violating another law to be able to pull you over for texting while driving.

In early 2019, the Florida government voted to change that.

With the July 1 change and texting while driving becoming a primary offense, authorities can pull you over if they see you typing on your phone or other hand-held devices.

Here are some of the top questions we have been asked about the new law.

Someone told me that if I am stopped for texting while driving, a police officer can ask to see my phone to verify that I was texting. Is this true?

This is actually true; officers are allowed to ask to see the phone of the driver who was pulled over for texting while driving, with one caveat. While the responding officer can ask to see your phone, they must tell you that you have the right to decline the request.

The original law making texting and driving a secondary offense started in 2013. Since then, officers have received training to be able to identify drivers who are texting. If you are stopped, it is because an officer believes you were texting while driving based on your behaviors.

How do things change after July 1?

Florida statute 316.305 — which is known as the Florida Ban on Texting While Driving Law, officially changes the law against using a mobile phone or hand-held device from a secondary offense to a primary offense. Beginning on July 1, law enforcement officers can pull over drivers for using a wireless device while operating a vehicle.

And there’s more. There’s also a part of the law about school zones and construction sites with active workers. This part of the law states that starting October 1, 2019, phones or hand-held devices can only be used in a “hands-free” manner while in use in a school zone, school crossing area, or construction area with active workers.

What happens if I get pulled over for texting while driving after July 1, 2019?

The answer to this question is “it depends.” Depending on the law enforcement agency that has stopped you, the outcome might vary.

The Florida Highway Patrol has released a statement suggesting that they will be issuing warnings until January 1, 2020. They are considering the time between now and then to be an “educational period.” Meanwhile, in Volusia and Orange Counties, the Sheriff’s Offices have stated that will begin ticketing offenders immediately.

Our suggestion is to simply obey the law, regardless of where you happen to be driving.

Can I still text while stopped at a red light?

The law does not specifically state that you cannot check your phone while parked on the side of the road or at a red light; it is not advised. Ultimately, when you are behind the wheel of a motor vehicle, your attention should be on your surroundings and making sure you and those around you are safe.

Can I be exempt from the texting while driving law?

There are a few instances where you might be exempt from this law. These include if you are reporting an emergency or criminal activity to law enforcement, if you are operating an autonomous vehicle in autonomous mode, or if you are receiving messages that are related to the operation or navigation of the vehicle. You could also be exempt if you are using the device for system or navigation purposes.

These are certainly not “get out of jail free” cards, so be smart with how you use technology and put safety first always.

Under the new law, can I legally press a button on my phone to answer a call?

Outside of a school or work zone, according to the law, you are allowed to activate, deactivate, or initiate a feature or function on your phone, as long as it doesn’t require multiple key presses.

In a school or work zone, the law suggests that you can use only hands-free features to activate, deactivate, or initiate a feature or function on the phone. So, using Siri on an iPhone or “Ok Google” on an Andriod phone is permitted.

Focus on Driving Campaign

While there are groups who worked to prevent this law, it’s essential to consider that the spirit of the law is to keep people safe. These include the driver, the car’s occupants, other drivers, and pedestrians.

The State has created a “Put It Down” campaign to bring awareness to the new law. You can follow hashtags #PutItDown and #FocusOnDrivingFL for more information.

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concealed handgun permit application

What factors can disqualify me from obtaining a concealed carry license in Florida?

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The qualifications necessary for an individual to be able to obtain a concealed carry license in the state of Florida are found in Fla. Stat. 790.06. For purposes of obtaining a concealed carry license, Fla. Stat. 790.06 defines concealed firearms and/or weapons as handguns, electronic weapon or devise, tear gas gun, knife or billie club but, does not include machine guns. If you are successful, your concealed carry license will be valid throughout the state of Florida for a period of seven (7) years.

To qualify for a concealed weapons license in Florida the applicant must:

  1. Be a resident and citizen of the United States or a permanent resident alien of the United States;
  2. Be at least 21 years old or older;
  3. Not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
  4. Not be a convicted felon; (unless your right to own and possess a firearm was restored by executive clemency);
  5. Have not been “committed” for drug abuse, found guilty of any drug crime or had an adjudication withheld for any drug crime, all within the last three (3) years from the date of your application;
  6. Not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
  7. Not been adjudicated an incapacitated person under Fla. Stat. 744.331 or, must have waited five (5) years after such determination of incapacity was removed by court order;
  8. Has not been committed to a mental institution under chapter 394, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to have been committed in a mental institution under this paragraph;
  9. Not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
  10. Not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
  11. Not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
  12. Not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.

Even if you are not prohibited from the purchase and possession of a firearm under Florida or federal law, the following circumstances could still prevent you from qualifying for a concealed carry license in Florida: 

  1. If you have a “withheld adjudication” or “imposition of sentence suspended” on any felony or misdemeanor crime of domestic violence you must wait until three (3) years after all conditions set by the court have been completed. F. S. 790.06(k)
  2. Under Federal law, if you have an indictment or information pending against you, you cannot qualify for a concealed carry license until that case has been disposed of.
  3. The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had an adjudication of guilt withheld for, or had the imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. F. S. 790.06(3)

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.

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irma

Concealed Carry and Florida Hurricane Evacuations

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Recently, as Hurricane Irma was closing in on Florida, Governor Scott issued a proclamation (not to be confused with “states of emergency” that are declared by local authorities under F. S. 870.044) and ordered the evacuation of certain areas of the state. As we are all now accustomed to scenes of rioting and looting during these types of emergencies; what can you do to protect yourself and your family if you do not have a concealed carry license during such an event and you are ordered to evacuate from one of the designated evacuation areas?
F. S. 790.01(3)(a) states that F. S. 790.01(1) (that makes it a first-degree misdemeanor for a person to carry a concealed weapon without a concealed carry license) does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a proclamation declared by the Governor (unless the proclamation specifically provides otherwise) pursuant to chapter 252 or a state of emergency declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered.

The 48 hours may be extended by an order issued by the Governor. Note the distinction between a “proclamation” and a “state of emergency” in that if the evacuation order is by proclamation of the governor, the lawful individual may be in possession of a firearm in a public place (unless provided otherwise specifically in the proclamation) as contrasted to a “state of emergency” under F. S. 870 that only permits the possession of a firearm by a lawful individual in a public place during the “first 48 hours” of the evacuation period whether you have a concealed carry permit or not.

Author: Jeffrey W. Smith, The Orlando Law Group

Jeffrey W. Smith is an attorney for The Orlando Law Group. His practice focuses on veteran appeals, family law, and civil litigation. He is a veteran of the United States Marine Corps, serving in Operation Desert Storm in the Middle East and Operation Restore Hope in Somalia. Jeffrey lives in Oviedo with his family.

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Fighting a Traffic Violation in Florida

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If you feel that you have been given an unjust violation, you can do more than just stew in anger over it. By pleading not guilty in traffic court, you can fight the violation and move to have the charges dropped. Once you receive a traffic violation, Florida courts give you 30 days to inform your county clerk of your intention to dispute the citation. Instructions regarding how you can fight the violation differ based on the county it was issued in. Normally, the ticket itself will have useful information printed on it, such as a phone number, address, and instructions as to how you can contact the court.

A traffic attorney can attend your court date with you, and aid in your position, seeking to prove that you did not violate a traffic law. Your attorney will work with you beforehand to gather evidence, witnesses, and explain all options to you as it pertains to the case. Florida courts will not appoint you an attorney in a traffic case. Those who do not hire an attorney will be representing themselves.

The day that you enter your plea is not necessarily the day that your trial will be held. You should always plan ahead for the potential of many trips to court before this matter is resolved. Once at trial, your attorney will be able to argue the law, call your witnesses, present evidence, and even question representatives from the police department. After both sides have presented their case, the judge will render judgment.

If you are found not guilty the issue is resolved. The ticket is dismissed, and you will not have to pay the fine. The violation will also vanish from your driving record. If you are found guilty, you will pay the fine and possibly any court fees associated with the case as well. A lawyer can usually negotiate penalties, and help to minimize your cost and repercussions.

Fighting a traffic violation can be a daunting process. If you walk in unprepared you might be setting yourself up for a costly failure which, in some cases, can lead to jail time. The Orlando Law Group will fight for your rights and your freedom. If you have a traffic violation you intend to fight, call us at 407.512.4394.

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So you’ve been arrested for DUI, what happens next?

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The officer will likely walk up to your window, ask you for your license, insurance card, and vehicle registration. He or she may ask other questions to get you talking. The officer is looking for the “distinct odor of the impurities of alcohol.” When the officer asks you out of the vehicle, they will ask you to perform a sequence of Field Sobriety Exercises. These exercises include following a flashlight with your eyes, standing on one leg, and performing the “walk and turn” which is basically just walking heel toe down a straight line.

Once you have completed these exercises, the officer will make a determination as to whether or not to arrest you on suspicion of DUI. It is at this point, once you are under arrest, that you will be asked to submit to a breath, blood, and/or urine test. This test is what the officer’s use for confirmation of DUI in their minds. Understand, even if you blow UNDER .08, you can STILL be arrested for DUI. Even if you blow a 0.00, you can STILL be arrested for DUI.

So, should you submit to alcohol testing?
Florida Statute 316.1932 governs refusal to submit to alcohol testing. A refusal in Florida results in the automatic suspension of your driver’s license for a year. If you refuse a second time, it becomes an additional criminal offense along with the mandatory suspension of your driver’s license. Consenting to a breath test provides the officer further evidence to make the arrest for DUI and the State Attorney with additional evidence to use against you of impairment should you choose to take your case to trial. It is up to you to determine whether or not submitting to alcohol testing is in your best interest.

What happens if you weren’t driving?
What if instead of saying “I’m perfectly safe to drive” and driving home, you say “no way can I drive, I’m going to sleep it off in my car.” You may think by sleeping it off in your car, you are doing the responsible adult thing. However, you can still be arrested for DUI even if you are not physically driving your vehicle. Florida law provides that if you are in actual and physical control of your vehicle, you can be arrested. In layman’s terms, if you are in your car, with the keys, and have the ability to make it move, you can be arrested for DUI.

So you’ve been arrested for DUI, what happens next?
If you have been arrested for DUI, you will need to contact an attorney immediately to represent you. Following your arrest, an attorney can

  1. Guide you on how you can get a hardship license
  2. Advise you about penalties following a first and subsequent DUI
  3. Determine if any motions can be filed to help win your case

Please, contact us today for advise on how to best resolve your DUI or other criminal matters.

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You’ve Been Served! What is the first thing you should do if served with a summons and complaint in Florida?

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Following the initial emotions, undoubtedly there will be a number of questions. What is the best approach? What are the first steps? What do the various legal terms even mean?

Let’s start by defining the terms. What is a summons? A summons is an official written order to appear before a court, judge or magistrate because you have been named as a party in a lawsuit. What is a complaint? A complaint is a pleading filed by a Plaintiff stating the claims they have against the Defendant as well as the action they would like the court to take. The plaintiff is the person who has filed a complaint/charges against the defendant for prosecution by the courts, while the defendant is the person who is refuting the charges and is seeking to prove his or her innocence.

As a defendant, it is important that you do not ignore the summons. The popular adage that “if you ignore it, it will go away,” does not apply in the legal system! Once you receive a summons and complaint, an action has already been filed in the court system. Pursuant to Florida law, you have 20 days to file a written response with the court. The court clock starts running the moment you receive the summons and complaint. If you do not file a response, the plaintiff will be able to file a motion and obtain a default judgment against you. A default means that you have no defenses to present in the case. Once a default is in place against you, you will be prevented from defending yourself at any later date, even if you have excellent defenses.

What should you do to respond to the summons? In short, contact your attorney immediately. BEFORE you file any kind of response.

Your written response will become a permanent record in the case. So, do not take it lightly! It should be crafted carefully so that you say exactly what you need to say – no more, no less. Some defenses that may be available to you are waived if you do not raise them in your initial response. Therefore, it is imperative that you and your attorney thoroughly examine the court documents for any defenses, defects or standing issues.

It is important that you are open and honest with your attorney concerning the case at hand. With her help, you can begin to piece together the facts of the case. Your attorney can help you collect any necessary paperwork and think through any witnesses to the incident that might be helpful and could testify.

In the meantime, do not contact the attorney for the plaintiff or the plaintiff or any member of his or her family. Do not contact the court, a judge or any other official of the court. It might also be wise to severely limit the circle of people you speak to about the case.

The truth is, the legal process is nuanced and complex. A good attorney can help you navigate these steps and the options at hand. Having a little help makes “being served” much less scary.

Video:

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Do I Have to Go to trial

Do I Have to Go to Trial?

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Most cases are settled before they even reach the courtroom, through negotiations between the parties involved. This usually works out well for everybody. The courts like this, because it frees them up to handle other, presumably more difficult to settle, cases. Who would want to go through a drawn-out court battle, when an acceptable resolution can be reached directly? A case settlement is an acceptable solution to your legal case, as long as you get what you want out of it. You need to make sure that your best interests are being looked out for.

When lawyers and defendants can’t agree about an issue as fundamental as whether to go to trial, normally the defendant’s wishes prevail. Assuming that a defendant’s decision is neither unethical nor illegal, the lawyer is the defendant’s agent and must either carry out the defendant’s decision or convince the judge to let him withdraw from the case. Defendants should at least consider their attorneys’ advice, they are there to help them. Defendants should ask questions to make sure that they understand the advice and why the lawyers think it’s in their best interests before making a decision.

There are times when it may be advantageous to take your case to trial instead of accepting an offer to resolve a case. The prosecutor in criminal cases will often times makes a plea offer to resolve the case without a trial. In accident cases, malpractice cases, and other civil lawsuits, a party often makes a settlement offer to avoid the uncertainty of a jury verdict. Many people think that they know when they should go to trial, but consulting with an attorney who can advise you when going to trial is in your best interest, is always a good idea.

There are generally two occasions when defendants must take a case to trial. The first occasion is when they are innocent and the prosecutor is refusing to dismiss the charges against them and the Judge denied their motion for dismissal. The second occasion is when the prosecutor is not offering a plea deal at all. Statistically, government prosecution wins an overwhelming majority of their cases at trial so it is not in a defendant’s best interest to go to trial on a criminal charge. On the other hand, the prosecution is also aware that if every case before them has to go to trial then the whole system will collapse, because there is simply not enough time and resources available to have a trial on every case. Also, the plea bargaining process assures the State a conviction without the necessity of a time consuming and expensive trial.

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What is Insurance Subrogation?

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Subrogation is the substitution of one’s rights to another. The concept of subrogation has existed since the 1700s, when it was created in English law by Lord Mansfield. It has been recognized by common law and equity, and exists specifically in most insurance contracts in the United States. Subrogation exists in many lines of insurance, including auto, health, property and workers’ compensation.

Subrogation enables the insurance company to make a claim against the manufacturer of faulty equipment or a person who caused an accident. Subrogation issues surface when a person has been injured and someone other than the person or party at fault pays for all or some of the damages resulting from the injury. When you go to the hospital for treatment, your health insurer will usually pay for the costs of treating your injuries. Your insurer may contact you to discuss how the injuries occurred, because they are trying to determine if someone else is fully or partially to blame for the injuries. The insurer may even try to determine if you are planning on suing another party for the injuries you have received. Ultimately, the reason the insurer is asking these questions is to determine whether some third party may be responsible for paying for your injuries, thereby relieving some of the insurer’s financial responsibility.

At the heart of this issue is the concept that an injured party should not be allowed a “double recovery.” It is believed that injured parties should recover for the actual damages they have incurred, but should not be allowed to profit from their loss. Subrogation is supposed to help lower insurance rates. Because many subrogation claims require involvement and cooperation of the insureds, it is imperative that they understand how the right is derived. To the insured, it is easiest to refer to the language of the insurance policy and the clause that requires the insured to cooperate with the carrier in its subrogation efforts.

Understanding subrogation interests can be difficult. Failing to obtain such an understanding, however, may prove to be costly for an injured party. Hiring an attorney who knows the subrogation laws in your state will help protect you from the unintended outcomes that can otherwise happen when a subrogation claim exists. If you are receiving benefits from a collateral source, subrogation issues can affect any settlement or lawsuit you may have against a third party. For this reason, it is important to work with an attorney who has experience dealing with the complications that subrogation issues can present.

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Construction Litigation in Florida

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Construction litigation is an area of law concerning legal disputes that arise out of building projects. Disputes can be about construction agreements, claims of injury or wrongful death caused by negligent behavior. Construction litigation refers to civil lawsuits involving private parties and is governed by rules and burdens of proof that are distinct from those applicable to criminal prosecution.

Construction contract disputes that can lead to litigation sometimes involve simple matters, such as non-payment for work completed, unsafe work conditions or not meeting project deadlines. Often the disputes only involve two parties, the general contractor and a subcontractor. Other times, the contract disputes are complex and involve claims regarding the quality and scope of work performed or matters pertaining to clauses in loan agreements. These are likely to include additional parties, such as material suppliers and money lenders. Construction litigation involving negligence often centers on defects discovered by homeowners or commercial property owners, either during or after the construction process. The discovery of these defects will sometimes lead to lawsuits against the builders and the construction companies, based on claims of defective materials, improper soil analysis or negligent structural engineering.

Injury and wrongful death claims or other claims of negligence usually involve construction workers and arise from accidents that involve unsafe working conditions, burns, falls, electrocution, or loss of a limb. These accidents will result in a worker’s compensation claim as well as civil litigation. Construction accidents sometimes involve other people, not affiliated with the construction site at all, who may have become injured or killed by such things as dangerous equipment negligently left out in the open, falling debris or fires.

Some common reasons for construction litigation initiated by homeowners in Florida against builders, architects, engineers, and subcontractors are:

  • Design defects in building components
  • Water intrusion
  • Mold and mildew
  • Cracks in the foundation
  • Faulty electrical wiring and plumbing systems
  • Defective, improperly designed, or miscalculated heating and air conditioning systems
  • Improper, damaged or defective building materials

Construction litigation can be a long and expensive process for everyone involved. Many disputes involving construction contracts are subject to clauses that enable the conflicting parties to seek arbitration as an alternative means to dispute resolution. Construction arbitration typically involves an informal process where the parties make their arguments to an arbitrator, who, as an independent third party, makes a ruling on the dispute that is binding in most cases.

In some cases litigation is the only or best option for achieving appropriate redress or to defend against allegations of wrongdoing. Hiring an attorney that is experienced in construction litigation that can present your case is very important.

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What is the Difference between Expungement and Sealing of a Criminal Record?

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A criminal record expungement, also known as an expunction, is when a court orders the criminal records related to your case to be physically destroyed. As a result of this order, the courts, the State Attorney’s Office, and law enforcement agencies must physically destroy or obliterate any physical or electronic records related to your case. However, pursuant to Florida law, one copy of your criminal record is retained by the Florida Department of Law Enforcement and can be disclosed on a limited basis to law enforcement. Additionally, as part of the application process, you must complete the portion of the application which requires the State Attorney’s Office determine your eligibility for expungement.

A criminal record sealing allows you to have the court order that your criminal record related to an arrest or conviction be sealed and therefore hidden from public viewing.

It must be noted, private companies that perform background checks and obtained your criminal record prior to it being sealed or expunged may not be aware the order sealing or expunging your record and may provide your criminal history to whomever pays for their services.

After having your record expunged or sealed, you are allowed to lawfully deny or fail to acknowledge the arrests or conviction covered by the expungement. However, there are some exceptions. You must acknowledge your arrest or conviction if you are:

  •  Seeking employment with a criminal justice agency;
  •  A defendant in a criminal prosecution;
  •  Apply for employment at or access to Florida seaports;
  •  Concurrently or subsequently petitioning for to have another unrelated criminal incident sealed or expunged;
  •  A candidate for admission to The Florida Bar;
  •  Seeking to be employed, licensed by, or contracted with:
  •  The Department of Children and Family Services
  •  The Department of Juvenile Justice
  •  The Department of Education
  •  A sensitive position having direct contact with children, the elderly, or developmentally disabled.
  •  Any public or private school
  •  A local government agency that licenses child care facilities
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