Personal Injury: The Basics You Should Know

In Florida, you have four years from the date of your accident to file a civil lawsuit, otherwise you may lose the opportunity to have it heard by a court. If the claim is against a city, county, or state government, the statute of limitations is three years. Certain types of accidents, such a boat accident in the Atlantic Ocean or Gulf of Mexico, may have a shorter statute of limitations.

Note that the deadline may be extended in cases where you do not discover the injury until a period of time passed.

To win your case, you must prove carelessness or negligence by the opposing party and the such negligence caused your injury. The big exception is car accidents as Florida is considered a no-fault state. In Florida, all drivers are required to carry a personal injury protection (PIP) policy, covering a minimum of $10,000 per person per. A drivers own insurance is responsible for paying his or her damages, regardless of who is at fault unless the injuries are serious meaning there is

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death

Here at Hines and Associates, we take all personal injury cases on contingency, which means we do not charge anything to handle your case. Instead, we only get paid a percentage of any proceeds if we win your case. Call us now at 813-815-0291.

Reducing Your Sentence Post-Conviction

Even after someone has been convicted and sentenced, there may still be relief. 

A defendant may be able to seek a sentencing reduction under Florida Rule of Criminal Procedure 3.800 even if the sentence was legal. The Rule allows for a sentence to be corrected, reduced, or modified (a) to correct an error such as a miscalculation or illegal sentence or (c) for any or no reason, under the judge's discretion. For legal sentences, the request must be made within 60 days of the sentencing. Your lawyer will file a motion with the original judge outlying reasons for the reduction. It will be up to the judge to exercise discretion and allow the sentence to be reduced.

If the defendant believes the sentence was incorrect or illegal on some grounds, a motion to alter the sentence may be filed at any time. The reasons should be thoroughly researched by your attorney before presenting the motion. (Note that the motion to alter or reduce the sentence does not challenge the conviction. Rather, it assumes the crime and challenges the punishment). One frequently encountered sentencing error arises under Section 775.082(10), Florida Statutes. The statute states:

If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.

This means you may have committed a crime that has a maximum penalty of five years but may only be sentenced to a year or less. This statute was enacted in 2009 as a part of a cost-savings measure for the Department of Corrections, and the legislative staff analysis characterized the statute as a prison diversion approach pursuant to which the trial court was required to sentence certain non-violent low-scoring offenders to a non-state prison sanction unless the court finds that such a sentence could endanger the public.

If you or someone you know has a sentence you would like to be reduced, call us now at 813-815-0291.

How to Fight a Speeding Ticket in Florida

If you received a traffic ticket in Florida, you are required to satisfy your traffic citation within thirty (30) calendar days. If your drivers license is in good standing typical options are:

1. Traffic school: The benefits of electing the traffic school option in Florida are that your auto insurance cannot go up and your policy cannot be cancelled. If you complete a state approved traffic school course and submit your certificate of completion to the clerk of court in the county where you received the ticket by their specified deadline adjudication is withheld, which means you are not deemed guilty and you received no points. 123Driving.com offers Florida DMV approved traffic school online. 
2. Pay the civil penalty: If you pay the full fine points will be applied against your drivers license when applicable and your auto insurance rates may go up or your policy may be cancelled.
3. Request a court appearance: If you elect the option to request a court appearance for the violation(s) it is a good idea to hire an attorney to assist you.

General Defenses

Speeding is a strict liability offense in Florida, which means that your intent in driving over the speed limit is not an issue. if the prosecutor shows that you were driving in excess of the posted speed limit, the evidence is sufficient to sustain a conviction.

There are, however, some defenses to a speeding ticket in an absolute speed limit state, including:

• Your excessive speed was caused by dangerous actions of law enforcement officers
• You encountered a sudden emergency which could only be avoided by driving your car above the speed limit
• You were not driving the speeding vehicle
• Your vehicle was not the vehicle that was speeding
• The police officer who gave you the speeding citation was out of his jurisdiction (the place where he has authority to write a traffic ticket), the officer did not engage in “hot pursuit” to stop you, and state law did not extend the officer’s jurisdiction

Defenses to Radar Systems and Laser Guns

Depending on the method used to determine your speed, your Florida traffic attorney may be able to challenge the officer’s assessment of your speed. You must know that method the officer used, then the attorney will base the challenge on the method of determining your speed.

Laser and radar guns must be calibrated professionally every six months, and must be calibrated at the beginning and end of the officer’s shift, using accepted practices. Your attorney can question the officer about the calibration testing done on the machine used to clock your speed. The officer must also be trained in the use of radar or laser, and your attorney will ask him or her to produce documentation which proves this training.

Laser

Laser speed guns used by police can measure distance and calculate speed by comparing the change in distance against a specific span of time. Your defense might be that the gun was measuring some object other than your vehicle. Your attorney may be able to challenge the officer’s identification of your vehicle, particularly if your vehicle is similar to many others on the road.

It would be very helpful for you to have an attorney in this situation because the equipment and the defenses are complex.

Radar

A radar system like the kind used by police to monitor traffic simply tells the operator how fast the vehicle with the most dominant reflective surface is going, but can’t measure distance or pick out one moving vehicle among several. It’s up to the officer to make that discretionary call. One of the best defenses against a radar unit is that the radar system picked up another vehicle or more reflective surface instead of your vehicle. Reflective or interfering surfaces can include:

• Metal traffic or other types of signs (even neon signs)
• Utility lines
• Power stations
• Vehicles moving around you in dense traffic.

Aircraft

If the officer measured your speed via aircraft, then both the aircraft officer and the ground officer must show up for your court hearing. If one of them does not show up, your attorney may request your charges be dismissed.

If you received a speeding ticket in Tampa, Florida or Saint Petersburg, Florida call Defense Attorney Jhenerr Hines at  813-815-0291.

Should I take MIP (Misdemeanor Intervention)?

There are three ways to have criminal charges dismissed: (1) a not guilty verdict after trial; (2) a nolle prosequi (i.e. the state attorney decides not to prosecute the case); or (3) a dismissal after completing a diversion program. Hillsborough, Pinellas, and Pasco counties offer diversion programs for first-time offenders. The Pretrial Intervention Program is available for most third degree felony charges, while the Misdemeanor Intervention Program or MIP is offered to misdemeanor first-time offenders.  The MIP requirements vary by offense but will generally involve taking a class, paying fines, and completing community service hours and supervision. MIP generally takes six (6) months, but may be submitted for early termination after ninety (90) days upon completion of all conditions of the agreement. Once the program is completed, the State Attorney will drop the case. This allows the defendant to avoid a conviction and a potentially damaging criminal record. For many, this program is the best option. There are, however, some things about MIP most people are not told before enrolling.

Requirements

First, to start the process, you must complete and submit an application and wait for a representative of the Salvation Army to contact you to schedule a meeting. The terms and conditions are discussed at this meeting. 

Second, once accepted into the program, you will have to agree to supervision which requires you to: 

1. Keep the Misdemeanor Intervention Program Supervisor advised of your current address, place of employment, and/or educational institution (where you also grant the supervisor permission to visit);
2. Be completely law abiding during the term of this Agreement; and
3. Submit to any psychological, drug, alcohol or any other examination or evaluation ordered.

Additionally, various special conditions may be imposed for certain offenses such as possession of marijuana (drug evaluation), or battery (anger management).

Third, you will also incur costs while going through the program. Common costs are:

application fee - $20

cost of prosecution fee - $50

cost of investigation - $75

donation to the Victims’ Assistance Fund - $75

cost of investigation - $70 and

cost of supervision - approximately $350

Alternatives

If you are innocent of the charge, if evidence was gathered illegally, or if the prosecutor has insufficient evidence - then it may be in your best interest to pursue another route, such as filing an appropriate motion or taking the case to trial. If the time to complete the program is a deterrent, you may ask your attorney to pursue a "withhold and court costs." The case can end after one hearing with no probation or jail, although it does require a plea be entered before the judge. 

It is very important to thoroughly discuss your options with a lawyer as you may face up to 60 days in jail or 6 months of probation after rejecting MIP. If you or someone you know has been charged with their first offense, call Jhenerr Hines at 813-815-0291.

Happy 4/20 Tampa!

In March, Mayor Bob Buckhorn signed a measure into law that prevents people found with small amounts of marijuana, specifically 20 grams or less, from being put in jail. Instead, those found with these amounts will pay a citation, similar to getting a traffic ticket.

 

 

First time offenders pay a $75 ticket, second time offenders will be squeezed to the tune of $150. For third time offenders, a fine of $300, and for four or more times, $450. How much is 20 grams? Roughly three-quarters of an ounce, of marijuana.

This picture was so funny I had to share, but happy 4/20! Blaze responsibility!

Immigration: The Form I-485 Green Card Application

Applying for a green card (permanent residence) from within the United States, by filling out Form I-485 is a process called 'adjustment of status.' In a perfect scenario, your application will be accepted, you will receive a biometrics appointment to submit fingerprints, and shortly after, you will have an interview where your green card (granting permanent residence) is approved on the spot! Unfortunately, things don’t always go this way.

 

A green card may be denied for various reasons. Some examples are drug abuse, failure to get vaccinations, criminal background, lack of immigration status due to illegal entry, or missing  appointments with USCIS. If you make mistakes while filling out your I-485 form, USCIS is unlikely to issue a denial without giving you an opportunity to make corrections. However, mistakes will undoubtedly make the process longer and more difficult than it needs to be. 

Here’s a plan for filling out the application.

1. Make sure you qualify at the time of filing. The USCIS website has resources regarding all the steps applicable to your situation whether your sponsorship is by marriage, employment etc
2. Read the Form I-485 instructions before filling out your application. Pay attention to details like what color ink is allowed or the placing of the picture you must submit. Also, make a note of any questions you need to find the answer to, such ask questions about your parents. Get the answers before filling out the application.
3. Make a list of the supporting documents you will submit. Try to gather them first as this step may take some time.
4. Fill out the application with the instructions at hand. If you are confused by a question after reading the instructions, call USCIS or a lawyer. Sign the application only after all the answers are complete.
5. Make a complete copy of your application and supporting documents for your own records.
6. Ensure that you are sending it to the correct processing center by using the table provided by USCIS. Also ensure all the contents are inside before sealing the envelope.

Sometimes, even after taking great care to submit a complete and correct application, people make mistakes. If USCIS requests additional information or documents. Be sure to respond promptly. However, if your application is denied. Your best bet is to hire a lawyer. Call 813-815-0291 to talk to a professional to help you through the process.