Driving Under The Influence Of Drugs

Driving while drug impaired

Driving while under the influence of drugs is illegal in Broward County, Florida. If you are caught driving while impaired by drugs, you could face serious penalties, including jail time, fines, and a driver’s license suspension.

If you are pulled over on suspicion of driving while impaired by drugs, the officer may ask you to submit to a sobriety test. If you fail the sobriety test, you will be arrested and charged with DUI.

What kinds of drugs can be considered offenses in a DUI?

There are many drugs that can impair your ability to drive, and all of them are illegal to use while driving in Broward County. These include prescription medications, over-the-counter medications, and illegal drugs. If you are caught driving while impaired by any of these substances, you will be charged with DUI.

The penalties for driving while impaired by drugs depend on factors such as your blood alcohol content (BAC) level and whether you have been convicted of DUI in the past. However, even if it is your first offense, you could still be facing up to six months in jail and a $1,000 fine.

What if you’re convicted?

If you are convicted of DUI, you will also be required to complete a drug education program and install an ignition interlock device on your vehicle. You may also have your driver’s license suspended for up to one year.

If you are caught driving while impaired by drugs, it is important to contact an experienced DUI attorney who can help you fight the charges. With the help of a qualified lawyer, you may be able to avoid jail time and keep your driver’s license.

Get help with your DUI charges now

It is important to contact an attorney as soon as possible if you are arrested for DUI. The penalties for driving while impaired by drugs can be severe, and it is critical that you get the help of a qualified lawyer who will have your best interests in mind. Call or contact our office today to learn more about how we can help you.

Kidnapping Charges In South Florida

Charged With Kidnapping In Broward County?

If you have been charged with kidnapping in Broward County, FL, or anywhere in South Florida, it is important to understand what the charges mean and how they could affect your future. In this article, we’ll take a look at the definition of kidnapping and what you should do if you are facing these charges.

What Is Kidnapping?

Kidnapping is defined by Florida law as when someone “forcibly, secretly or by threat confine, abducts or kidnaps another person against his or her will and without lawful authority…” The charge can be brought when the victim is moved a short distance from one place within an area (county) to another place within that same area (county), or if the victim is moved a short distance from one area to another area in a different county.

What If I Had No Intention of Abducting the Person?

Unfortunately, it does not matter whether you were actually planning to abduct (or kidnap) the person or if there was no intention of doing so at all. In order for the charges to be brought, the state only needs to prove that you had the intent to do so.

What Are The Possible Penalties?

If you are convicted of kidnapping in Broward County, FL, you could be facing anywhere from a minimum of 3 years up to a maximum of 30 years in prison. Additionally, you may also be fined up to $10,000. If the victim was a child under the age of 13, you could be facing a life sentence.

What Should I Do If I’ve Been Charged With Kidnapping?

If you have been charged with kidnapping, it is important that you seek legal assistance as soon as possible. An experienced criminal defense lawyer will be able to review the details of your case and help you understand what options may be available to protect your future.

Don’t Delay, Call Mayersohn Law Firm Now

At The Mayersohn Law Firm we are committed to helping people who have been charged with crimes in Broward County, FL. We’ll work tirelessly on your behalf and leave no stone unturned when it comes to defending your rights and freedom. Call us today for a free consultation about your case.

White-Collar Crimes In Florida

White-Collar Crimes In Florida

White-collar crimes in Florida can carry harsh penalties. If you’re accused of committing a white-collar crime, then promptly contact an experienced Florida criminal defense attorney to fight for your innocence and prove that the charges made against you were unsubstantiated.

What Are White-Collar Crimes?

“What are white-collar crimes?” one might ask. White-collar crimes in Florida can broadly be defined as crimes that involve a deceitful way to obtain money. Great examples of white-collar crimes include:

  • identity theft,
  • credit card fraud,
  • and health care fraud

These are some common offenses just to name a few.

Identity Theft In Florida

According to the Florida Department of Law Enforcement or FDLE, ID theft accounts for more than half of all identity thefts reported in the United States. Victims of ID theft are left to clean up the mess. Not only is this financially draining, but it’s also time-consuming and frustrating.

Fraud Prevention By Florida Law Enforcement

Florida law enforcement agencies do what they can to help prevent fraud in our state including cracking down on people who commit fraud crimes, identity thefts, mail frauds, telemarketing frauds, forgery, and swindling. With these types of crimes rising in Florida, residents should be aware of the penalties that could be imposed if they’re caught committing a fraudulent crime.

According to the FDLE, common white-collar crimes in Florida that are frequently prosecuted by law enforcement include:

  • Insurance Fraud
  • Credit Card or Debit Card Fraud
  • Bank Fraud
  • Mortgage Fraud
  • Medicaid and Medicare Frauds
  • Embezzlement by an Employee or Officer of a Corporation, Bank, Credit Union, Financial Institution, Governmental Agency or Nonprofit Organization; or Employee Benefits Plan (EBP) Abuse. [This means if you embezzled money from a credit card, bank, or from a corporation you could face this charge.]
  • Unemployment Insurance Fraud
  • Worker’s Compensation Fraud

Consequences For White-Collar Crimes In Florida

The bottom line is that it’s important for Florida residents to understand the consequences of breaking a criminal law. If you’re accused of committing a crime that falls under the category of white-collar crime then be aware that you could face harsh penalties that can impact the rest of your life.

Have You Been Accused Of A White-Collar Crime In South Florida?

Contact an experienced Florida criminal defense attorney to fight on your behalf if you’re charged with committing a crime. Your freedom depends on it. Reach out to Mayersohn Law today to learn more about how we can help you.

What Are the 4 Elements of a Contract Breach Lawsuit?

Business Litigation – Contract Breach Claims

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Mayersohn Law for a consultation at: 954-765-1900

South Florida Property Owner Shocked As Someone Tries to Sell Her Home to Someone Else

South Florida Real Estate Fraud

Can someone you don’t know sell your home out from under you to another party? You might think such a situation is impossible, but for one South Florida woman, it’s a terrifying reality. Here’s what you should know about real estate deed fraud, how it can happen, and how to protect yourself. 

The Case 

Shirley Gibson was surprised when she came to find out that her property was listed for sale on Zillow and successfully purchased by an unsuspecting buyer for $230,000. A title company in Aventura, FL claims that it was scammed and now, Gibson’s home is illegally on the market again with a “Not For Sale” sign pinned to the front gate. While unlikely that Gibson would actually lose her home, she’s now embroiled in a costly legal battle that could last for months.   

What Is Real Estate Deed Fraud? 

Real estate deed fraud is a lesser-known form of identity theft. When someone steals your identity and forges your name on the deed to a home or other property, this is considered deed fraud, sometimes called property title theft. Often, deed fraud will occur after a homeowner has died. 

Scammers will often scour the obituaries for homeowners who have passed on with residences that are vulnerable to deed theft. Vacation houses, abandoned houses, and empty houses are the most common targets of deed fraud, although scammers do still target houses that are in use, as in the case with Shirley Gibson. Scam artists may try to live in the home themselves or quickly sell it to someone else and pocket the cash.

When to Get the Help of An Experienced Florida Real Estate Litigation Lawyer 

If you’ve been the victim of real estate deed fraud, there are legal options available to you to stop someone else from assuming ownership of your property. However, these cases can be complicated and require the help of a seasoned real estate litigation attorney. 

At Mayersohn Law, we can assist you with understanding your rights and what legal avenues would be the most beneficial. We’ll go to bat for you in court if settlement negotiations are unsuccessful, and we’ll zealously advocate for a verdict in your favor. 

Contact us today to learn more about real estate deed fraud or to schedule your appointment for an initial case consultation. Call now at 954-765-1900 or fill out or simple online form and we’ll get right back to you. 

South Florida Resident Loses Luxury Home Construction Appeal

Palm Beach Home-Building Lawsuit

Updated 06-09-2021

South Florida homeowner Donald A. Burns sued the town of Palm Beach for denying his plans to build a modern-style luxury home on his beachfront property at the North End of the island. The court determined that the city did not violate the First Amendment rights of Mr. Burns when it denied his request to build a domicile that would be in striking contrast to other houses in the area. 

The Palm Beach Architectural Commission has long maintained that its architecture should be reasonably well coordinated and the court supported this policy when it ruled against the plaintiff. Mr. Burns then appealed the case to a higher court in the state, suggesting his luxury home design did not violate code, but did not have success at overturning the decision. 

On Appeal

The appeals court also upheld that Palm Beach has the right to deny homeowners the ability to build out-of-character homes or other structures that would appear out-of-place in the area. Additionally, the appeals court determined that Burns’ 14th Amendment rights were also not violated when the town reviewed the architectural plans for his luxury, contemporary-style home; the lower court did not deny his right to due process and had given him a reasonable amount of time to present supporting arguments.  

Get Help Defending Your Right to Own Luxury Property 

Being embroiled in real estate litigation is costly, especially when you’re already shelling out so much for the building process in the first place. As a property owner, you expect to be able to construct the luxury home or other structure you want. After all, that’s one of the biggest draws of being a homeowner — the lack of authority over the style and build of your home. 

If you’ve had your home design or construction plans denied, or you’ve been contacted by your HOA or another authority about your property demanding you make a change to your luxury property, you may benefit from legal assistance. 

Contact Mayersohn Law Today 

For help with any luxury real estate legal matter, it’s vital that you act swiftly to acquire a qualified attorney. A competent real estate lawyer can help you save time and money while also improving the chances of a favorable case outcome.

Call Mayersohn now for a consultation to discuss your case in more detail at 954-765-1900. Our team has the skills and experience to provide you with the comprehensive legal representation you need.

What You Need To Know About Divorce Court

The courtroom can be a frightening place for divorcing couples. Naturally, you’ll want to know what to expect, especially if you’ve never been inside a courtroom before. It’s quite different from what you see on television; there are some things to keep in mind to help you prepare. Here’s what you should know.

Basic Courtroom Etiquette

Treat the courtroom like you might treat a job interview. Make sure your cell phone is turned off or on silent (not vibrate, you’ll be surprised at how loud a vibrating cell phone can be in a quiet courtroom). Also, don’t bring in drinks or food, don’t chew gum, and make sure to remove your hat or sunglasses. Look for signs in your specific courtroom that list anything else that isn’t allowed.

Be Prepared for the Metal Detectors

All courtrooms screen for weapons. How this is done varies from location to location, but you can expect to go through a metal detector. Metal detectors won’t pick up small pieces of metal in your clothing, like pants buttons, but they will pick up on keys left in your pocket. You’ll likely be asked to put your purse, wallet, or other personal effects in a bin to be scanned while you walk through the metal detector. It’s not much different from going to the airport.

You May See People You Don’t Know

Many people are surprised that divorce court isn’t private. The courtrooms are public and anyone can sit in on a case. While this means you can ask family or friends to come support you (this is not recommended) it also means that you’ll likely see some people you don’t know. Be prepared for strange faces and stay focused on your case.

There Won’t Be a Jury

Juries are typically used for criminal cases and aren’t necessary in divorce cases. Your divorce will be presided over by a commissioner or a judge. Remember to call the judge “your honor” when addressing him or her to show respect.

Contact Our Office Today 

Divorce is best handled by a competent divorce attorney. Facing family court alone, even with a few ideas of what to expect, can be a harrowing experience. Contact our office for a consultation today to discuss your divorce options, to file for divorce, or to get help preparing for an upcoming divorce hearing. Call now at 1-954-765-1900.

What To Look For In A Florida Criminal Defense Lawyer

Facing Criminal Charges In South Florida?

When hiring a South Florida criminal defense attorney, you’ll want to look for someone who has extensive experience and one who will remain committed to you for the duration of the case. The attorney that you are looking for may not be the same person who you used after a vehicle accident, the person who put together your estate plan, or the one who helped you with your real estate purchases.

Criminal Defense Lawyers Are Vital

A criminal defense attorney serves a crucial role in the outcome of your case but is quite distinct from a civil attorney. Private criminal defense attorneys usually will work in small partnerships or practice on their own.

Usually, they will focus on the specific geographical setting and they have distinctions about which type of criminal defense practice they maintain. Some may only represent certain types of crimes. A typical private criminal defense attorney will likely have had several years of experience working for the government before entering in private practice either as a public defender or as a prosecutor. You should try to hire a criminal defense attorney who has experience in the courthouse in which your case is currently pending while the same laws will be in effect throughout your state.

Procedural Differences In Courts

Procedures will be different from one courthouse to another and your criminal defense attorney already being familiar with the specifics of your case and the way that the cases are handled inside the courtroom can make things much easier for you when trying to protect yourself.

You should also look for criminal defense attorney who has a successful track record in the type of crime with which you are being charged. This will dramatically increase your chances of being able to walk away after being accused of a crime without facing the consequences of conviction or having a criminal record haunt you for many years to come.

Get Help With Your Criminal Charges

Your criminal defense attorney should also give you a heads-up about how he or she will keep you informed over the duration of your case. If you or someone you know has been charged with a crime, call for assistance today.

Reasonable Child Visitation

Custodial Parent

When a child’s parents separate, they will typically live with one of their parents most of the time. This parent is called the custodial parent, and the other is referred to as the noncustodial parent. If the child is old enough, they may choose with whom they live. 

Courts in Florida understand the psychological and emotional importance of a child maintaining a meaningful relationship with both parents. Often, they will award the non-custodial parent what is known as “reasonable visitation.” What is it and what should you know about it? 

Reasonable Visitation Defined 

Reasonable visitation is a term that is used to describe fair visitation for the non-custodial parent, based on the best interests of the child. In most child custody cases, it’s beneficial for the child to have an ongoing relationship with both of their parents. This is true even when one parent only has partial visitation. 

However, visitation may not be reasonable in certain cases. For example, a non-custodial parent with a history of abuse or domestic violence may find it difficult to be awarded any type of visitation. Or, a court may see fit to award a parent who is actively working towards self-betterment infrequent, supervised visitation.

How Reasonable Child Visitation Works 

If possible, you and your ex-partner should create a visitation schedule that is agreeable for both of you. Take your work schedules into consideration, along with any extracurricular and educational activities that your child has. Make sure you plan in advance for special events and holidays and come up with a proposed visitation schedule that offers your child the most stability. 

When Will a Judge Decide Reasonable Visitation? 

If you cannot reach an agreement with your ex about a mutually beneficial visitation schedule on your own, the court will need to intervene. This means that your custody case is contested, and you no longer have the final say in what visitation looks like for your family. 

Many courts default to “standard” visitation for the non-custodial parent. Many people recognize this as visitation every other weekend and two weeks a year (usually during the summer if a child is school-age), and alternating holidays. 

Why Contact a Boca Raton Family Law Attorney for Your Visitation Case 

The outcome of your child custody dispute hinges largely on the evidence you’re able to present and how you’re able to present it. This is where an experienced Boca Raton child custody attorney can help.

Golf Car DUI

Driving A Golf Car While Under The Influence

Golf is a great sport and it’s easy to get carried away at the club but what happens if you find yourself behind the wheel of a Golf Cart after an accident?

Some of you may have heard of someone drinking while out for a game on the course. Golf Cart DUI is a reality that is brought to the forefront regularly and often makes the weekend news. Allegations that a local resident was under the influence after a Golf Cart crash are not unusual in Florida. Being accused of a DUI is not an easy position to be in and it is something that can happen to anyone, whether it be a common motor vehicle, a motorcycle, or even a golf cart. What happens if you get into an accident with a Golf Cart and are accused of driving under the influence?

DUI Charges And Penalties In Florida

If you are accused of Driving Under The Influence in Florida, you may be facing serious penalties, possible charges, and license suspension.   DUI is a very serious offense and it can be life-altering as well as costly.

It’s important to note that any DUI in Florida that involves injury to another party as a result of driving under the influence has the possibility of facing Felony DUI charges.

Play It Safe

So before you decide to have a drink at the Golf Course, aside from the actual club rules which may not even allow drinking on the course, play it safe.  If this is something that is allowed at your particular club, have another party who is not a part of the game locked in as your driver, grab an Uber or simply do not get behind any wheel of any vehicle, conventional or otherwise.

Get Help

If you or someone you know has been involved in a DUI Golf Cart Accident and needs help, speak to a qualified DUI Criminal Defense attorney as early as possible and learn about your options.