Law and Disorder 3/21/18

posted by Jeff Kaufman -


“Law & Disorder” with personal injury attorney Jeffrey Kaufman on March 21st, 2018.

Here is a link to the show Law & Disorder if you didn’t get a chance to hear it.

  • A man hired an attorney for his car accident who was T-Boned at 70 mph, several herniated discs, etc. It has been a month since he has heard anything from the attorney, is this normal?
  • One of the most important issues when hiring a law firm for your car accident or other injury is to ask the question, “Who is my actual attorney” and can I talk with him if I have any questions. In this case, the law firm might be doing the right thing except actually talking to the client which is a huge part of representing a client. We’re called counselors because we make the process emotionally better not worse. I would try calling an if you still aren’t comfortable, hire another attorney.
  • A woman separated from her husband of 19 years, were in the process of getting a divorce when her spouse deceased.  The deceased spouse had a large life insurance and his family is now saying that she cannot collect on the insurance funds, because they were separated. What about Florida law?
  • In Florida, there is no legal separation so filing for divorce is what triggers the issues concerning entitlements. Also if you are still his designated beneficiary then you might have a claim.
  • A man received his taxes on an AmEx Serve Card. He went to the ATM at the bank that they do not have an account with to withdraw the money. They waited too long to grab the money and the machine sucked back in the funds. The bank is now refusing to give them the money. What can be done about this?
  • Yes. You have a claim. They probably have system data to show the money was not taken out the machine. I would file a claim with them and if that doesn’t do it then file a small claims action.
  • A person’s name is still on a deed on a house. Not the mortgage, only the deed. The couple broke up and the ex gets arrested for child neglect and drug charges. How can she remove her name off the house?
  • You can get it off but it would be easier to have a licensed title company to help you.
  • Can a person get their gun rights restored with a domestic violence charge from 25 years ago?

I wish it was easier but here is all the information. You might be successful but you are going to have to apply for a hearing. Under the Florida rules got to:

https://www.fcor.state.fl.us/docs/clemency/clemency_rules.pdf

Restoration of Civil Rights or Alien Status under Florida Law Without A Hearing

A. Criteria for Eligibility

A person may have his or her civil rights or alien status under Florida Law restored by approval of the Clemency Board, excluding the specific authority to own, possess, or use firearms, without a hearing if the person has committed no crimes and has not been arrested for a misdemeanor or felony for five (5) years from the date of completion of all sentences and conditions of supervision imposed and the following requirements are met:

The person has completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release;

2. The person has no outstanding detainers or pending criminal charges;

3. The person has paid all restitution pursuant to a court order or civil judgment and obligations pursuant to Chapter 960, Florida Statutes;

4. The person has never been convicted of one of the following crimes:

a. murder, attempted murder, attempted felony murder, manslaughter (F.S. Chapter 782);

b. DUI manslaughter, DUI Serious Bodily Injury (F.S. 316.193);

c. leaving the Scene of Accident involving Injury or Death;

d. sexual battery, attempted sexual battery, unlawful sexual activity with a minor, female genital

mutilation (F.S. Chapter 794)

e. any violation of F.S. Chapter 800;

f. lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted

lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025); g. sexual performance by a child, attempted sexual performance by a child (F.S. 827.071); h. aggravated child abuse (F.S. 827.03);

i. failure to register as a sexual predator (F.S. 775) or sexual offender ( F.S. 943.0435);

j. computer pornography, transmission of computer pornography, or any crime involving a minor in violation of F.S. Chapter 847;

k. kidnapping, attempted kidnapping, false imprisonment, or luring and enticing a child (F.S. Chapter 787);

l. aggravated battery, attempted aggravated battery (F.S. 784.045), felony battery, domestic battery by strangulation (F.S. 784.041); The person has completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release;

2. The person has no outstanding detainers or pending criminal charges;

3. The person has paid all restitution pursuant to a court order or civil judgment and obligations pursuant to Chapter 960, Florida Statutes;

4. The person has never been convicted of one of the following crimes:

a. murder, attempted murder, attempted felony murder, manslaughter (F.S. Chapter 782);

b. DUI manslaughter, DUI Serious Bodily Injury (F.S. 316.193);

c. leaving the Scene of Accident involving Injury or Death;

d. sexual battery, attempted sexual battery, unlawful sexual activity with a minor, female genital

mutilation (F.S. Chapter 794)

e. any violation of F.S. Chapter 800;

f. lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted

lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025); g. sexual performance by a child, attempted sexual performance by a child (F.S. 827.071); h. aggravated child abuse (F.S. 827.03);

i. failure to register as a sexual predator (F.S. 775) or sexual offender ( F.S. 943.0435);

j. computer pornography, transmission of computer pornography, or any crime involving a minor in violation of F.S. Chapter 847;

k. kidnapping, attempted kidnapping, false imprisonment, or luring and enticing a child (F.S. Chapter 787);

l. aggravated battery, attempted aggravated battery (F.S. 784.045), felony battery, domestic battery by strangulation (F.S. 784.041); gg. any felony violation of an election law;

hh. any crime designated a “dangerous crime” under F.S. 907.041;

ii. any offense committed in another jurisdiction that would be an offense listed in this paragraph

if that offense had been committed in this State;

5. The person has not been declared to be one of the following:

a. Habitual Violent Felony Offender under F.S. 775.084(1)(b);

b. Three-time Violent Felony Offender under F.S. 775.084(1)(c);

c. Violent Career Criminal under F.S. 775.084;

d. Prison Releasee Reoffender under F.S. 775.082(9)(a);

e. Sexual Predator under F.S. 775.21;

6. In the case of restoration of civil rights, (a) the person must be a citizen of the United States;

and (b) if convicted in a court other than a Florida court, the person must be a legal resident of Florida;

7. In the case of restoring alien status under Florida Law, the person must be domiciled in Florida.

An individual who does not qualify to be granted clemency under Rule 9 must comply with Rule 6 by filing an application to have his or her civil rights or alien status under Florida law restored, excluding the specific authority to own, possess, or use firearms, with a hearing. An individual is eligible to apply only if the following requirements are met:

1. The person has had no new felony convictions for a period of seven (7) years or more after completion of all sentences imposed for the applicant’s most recent felony conviction and all conditions of supervision for the applicant’s most recent felony conviction have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release; 2. The person has paid all restitution pursuant to a court order or civil judgment and obligations pursuant to Chapter 960, Florida Statutes;

3. In the case of restoration of civil rights, (a) the person must be a citizen of the United States; and (b) if convicted in a court other than a Florida court, the person must be a legal resident of Florida;

4. In the case of restoring alien status under Florida Law, the person must be domiciled in Florida.

B. Out-of-State or Federal Convictions

If the person has been convicted in a court other than a court of the State of Florida, a request for the restoration of civil rights or alien status under Florida law must be submitted in accordance with Rule 6. Such request shall be reviewed by the Florida Commission on Offender Review to determine if the requirements under Rule 10(A) are met. If the Commission certifies that all of the requirements in Rule 10(A) are met, the Coordinator shall follow procedures for the restoration of civil rights or alien status with a hearing as enumerated herein.

  • A person was walking on a motor cross track and got hurt, a severe compound fracture. The person did not sign the waiver however. Can he sue the owner?
  • You might be able to sue under premises liability, but you may have to deal with your own negligence because of your own decisions.
  • A person paid a retainer of $1,750 for his son’s case, but cancelled within 5 days. He received $1,000 back. Is he entitled to a full refund?
  • An attorney is allowed to bill for work done on the file and the costs associated with it, but it has to be reasonable.

Wow…that was a busy show…

Listed below are other recent shows if you missed them during the week.

Law & Disorder with Kaufman & Lynd: March 7, 2018

Law & Disorder with Kaufman & Lynd: February 28, 2018

Law & Disorder with Kaufman & Lynd: February 14, 2018

Jeffrey S. Kaufman is currently licensed to practice law in Florida and seventeen other states. Jeffrey can be found on Justia Lawyers, Martindale Hubble, and HG.org

For more information please visit; Kaufmanlynd.com or Whenyouneedus.com

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