#judgment enforcement florida

[publiclossadjuster]

Commercial Judgment Collection: What to do When Other Party Doesn’t Pay?

Collecting judgments becomes crucial for businesses to maintain healthy cash flow. You filed a case in court, and the court made a judgment in your favor. It’s time to collect judgment, but the client refuses to pay. This scenario is not very uncommon. The fact that a company is liable to pay doesn’t mean it will cooperate and pay its owed debt. In such scenarios, creditors need to take additional legal action.  

In this blog, we will discuss what to do when your client doesn’t pay and steps to increase the chances of debt recovery.

Enforcing Judgment

There are plenty of ways to collect judgments. However, the most powerful is enforcing a judgment after commercial litigation. There are two primary areas of focus. The variability of enforcement mechanisms depends on jurisdictions and business entities. Judgment enforcement will only be effective if the debtor can pay through cash, the sale of assets, or any other means. If a company liquidates its assets and winds down its operations, it could be judgment-proof. In such a scenario, pursuing litigation may be futile. A collectability analysis will be better before instituting litigation. 

Writ of Execution 

A writ of execution is a type of court order that directs law enforcement to seize the property of a debtor’s assets. This seizure includes personal property, real property, and bank accounts. However, additional steps may be required to seize the real estate and bank accounts. 

The process of acquiring a writ of execution requires a comprehensive knowledge of the debtor’s assets that can be seized upon which the writ can be executed, often involving preliminary execution measures. In some instances, judgment creditors may have an understanding of the judgment debtor’s assets during the litigation process. 

In some situations where the judgment debtor has assets or bank accounts in multiple locations, you may be required to obtain several writs of execution, one for each relevant jurisdiction. Depending on the specific jurisdiction and nature of the property, the seized asset is either sold and the obtained money is given to the creditor, or the judgment creditor has the option to obtain the property directly.

Attachment of Earnings Order 

An attachment of an earnings order is a legal directive issued to the defendant’s employer, allowing them to withhold a specific sum and forward it to a designated collection office. The collection office subsequently disburses these funds to the judgment creditor. The defendant must be hired by a third party for an attachment order to be issued. An order will not be issued if the defendant is unemployed or self-employed. Moreover, the court may not issue the order or make the payment smaller if the defendant’s cost of living is higher than their earnings.

Send a Debt Collection Letter 

A debt collection letter is a formal notification sent to the debtor regarding the outstanding debt. It includes the due date, a time frame for paying the outstanding money (typically 2 weeks), an accepted payment method, and a statement about actions that could be taken if payment is not settled. The statement about your next steps could be a gentle reminder to avoid further action or a warning that you could hand over the matter to a collection agency or take legal action. You could make these decisions depending on the amount owed, elapsed time, and interest in maintaining a relationship with this client for future business.

Take Legal Action 

If you have tried everything and your client is still not paying, you could take legal action. To take legal action, simply file a case in small claims court. You could assert that the other side has breached your written agreement by refusing to pay, and you want a judgment for the total amount owed. If a client refuses to pay, you can hand your case over to a judgment collection agency. It’s not important to bring an attorney to represent your case because some states prohibit attorney representation. Also, there are certain limitations on the amount that can be claimed in small claims court. Generally, the amount for small claims ranges from $2500 to $25000, depending on the state.

Conclusion 

Collecting commercial judgment is the best way to maintain steady cash flow and manage good financial health. Though collecting judgments could be stressful, it’s worth making an effort. If you have made all the efforts and still have not recovered your debts, a well-experienced judgment collection agency can guide you in the process. They will help you understand the legal jargon and identify the strategies that could help you recover your outstanding money. If you are looking for a trusted judgment collection agency to negotiate debt settlements, you can contact Public Loss Adjusters. We help clients protect their legal rights and resolve their debt collection issues with ease.

[meret118]

The system red states are constructing works by empowering extreme ideologues and partisans to impose their will on their communities, whatever level of popular support they happen to enjoy. Dissenters get the right to set public health and educational policy, overriding the judgment of elected school boards and expert regulators. Anti-abortion vigilantes and anti-LGBTQ+ extremists are empowered to surveil their neighbors and rewarded for bringing legal proceedings against them. Lax open-carry laws, immunity from criminal prosecution, promises of kid-glove treatment from police and prosecutors, and pardons when “leftist” prosecutors try to crack down on right-wing thuggery signal to militias and other reactionary radicals that they can engage in political violence with near impunity.

Examples abound. This year, Indiana’s Republican attorney general, Todd Rokita, launched a website with the Orwellian name “Eyes on Education.” The website invites informants to report on teachers who share “objectionable curricula, policies, or programs”; it also posts personally identifying information that can easily be used to dox or harass educators. Among the “objectionable” materials reported through the site is an email from a superintendent who vowed to “address societal injustice in our classrooms” in the aftermath of George Floyd’s murder. After Florida enacted its Safety in Private Spaces Act, banning transgender people from using state-owned bathrooms that match their gender identity, transgender and cisgender residents alike have reported being assaulted by bystanders claiming that they “don’t belong” in public restrooms. Localordinances designed by Jonathan Mitchell, the lawyer behind Texas’ anti-abortion bounty-hunter scheme, use vigilantes to target individuals who cross state lines to secure abortions. Georgia is implementing changes to its electoral rules that practically invite hardcore partisans to disrupt the certification of election results, a strategy with origins in the 2000 presidential election that MAGA leaders returned to in 2020 and 2022.

. . .

one of the most widely reported proposals in Project 2025 is its threatened “campaign to enforce the criminal prohibitions” of the Comstock Act “against providers and distributors of abortion pills.” That law, enacted in 1873 amid a sexual-purity crusade, purports to make it illegal to mail any “article or thing … intended for producing abortion.” For decades, federal agencies under both Republican and Democratic administrations interpreted the Comstock Act narrowly, to apply only when the person mailing an article or thing intended that it be used unlawfully. Reversing this long-standing position would trigger not only a wave of federal criminal prosecutions, as speakers at the Democratic National Convention stressed. It would also kick off a surge of vigilante lawsuits under local laws that authorize ordinary citizens to enforce federal abortion restrictions.

More at the link.

[gatekeeper-watchman]

Daily Devotionals for November 12, 2024

Proverbs: God's Wisdom for Daily Living

Devotional Scripture:

Proverbs 28:2 (KJV): 2 For the transgression of a land many are the princes thereof: but by a man of understanding and knowledge the state thereof shall be prolonged. Proverbs 28:2 (AMP): 2 When a land transgresses, it has many rulers, but when the ruler is a man of discernment, understanding, and knowledge, its stability will long continue.

Thought for the Day

Wickedness produces many problems in a society; including rivalry amongst leaders. However, when a wise man rules a nation, it will produce stability. Dissatisfied people expect their leaders to create change, but all needed change begins with individuals. Every person is responsible for contributing to the betterment of our world. Evil people desire leaders who condone their wickedness. Righteous people desire leaders who control society's evil tendencies by making and enforcing righteous laws. Because the founding fathers of the United States were Christian, our laws were traditionally based on the Bible; and this influence has blessed our national life. We have turned away from this godly foundation, however, and God has begun to lift His blessings and protection from our nation. If we do not repent, we could fall as ancient Judah did:

"For Jerusalem is ruined, and Judah is fallen: because their tongue and their doings are against the LORD, to provoke the eyes of his glory. The show of their countenance doth witness against them; and they declare their sin as Sodom, they hide it not. Woe unto their soul! for they have rewarded evil unto themselves. Say ye to the righteous, that it shall be well with him: for they shall eat the fruit of their doings. Woe unto the wicked! it shall be ill with him: for the reward of his hands shall be given him. As for my people, children are their oppressors, and women rule over them. O my people, they which lead thee cause thee to err, and destroy the way of thy paths" (Isaiah 3:8-12).

Sin, especially the sin of Sodom, brought Judah under a curse. For centuries, God had warned them that judgment would come if they did not repent. In Isaiah's time, the citizens of Judah, like those of Sodom, had grown brazenly open about their sin. About 150 to 200 years after Isaiah prophesied it, Israel reaped a terrible judgment: Jerusalem was destroyed and survivors taken into captivity in Babylon. God rewarded the wicked with the fruit of their sin, while rewarding the righteous with protection amidst national catastrophe. Judah endured many evils as warnings before reaping God's terrible judgment. We notice some of them in verse 12: it was unrighteous leaders who were causing the people to err from the paths of righteousness. Isaiah 3:4-5 lists others: wicked or immature rulers, young people dishonoring their elders, and the foolish behaving arrogantly toward the honorable. Similar evils, along with natural catastrophes, are seen across the world today, and are indications of judgment. Judgment can be averted if our nations will seek Him and forsake their sins. "Blessed is the nation whose God is the LORD" (Psalm 33:12a).

Prayer Devotional for the Day

Dear heavenly Father, please give us godly leadership in our nation at all levels. Lord, we ask You to forgive us for our national sins of pride, adultery, lust, materialism, addiction, pornography, murder, idolatry and the many other sins that have grieved Your heart. Forgive me on a personal level for my sins. Lord, cleanse our hearts and our nation, so that we might be blessed and live godly lives. May we be a people who live and share the truths of the Bible, so that Your kingdom will come on this earth. I pray in the name of Jesus. Amen 11/12/2024 3:57:11 AM Jacksonville, Florida USA From: Steven P. Miller, @ParkermillerQ,   gatekeeperwatchman.org  TM ‎Founder and Administrator of Gatekeeper-Watchman International Groups. #GWIG, #GWIN, #GWINGO.

[hennethgalad]

ChatGPT says

This is an interesting and complex situation. The idea that only unhappy people seek help for mental illness highlights the challenge of addressing cases where a person might be mentally ill but not suffering in a way that motivates them to seek treatment. While they might feel content or happy, certain types of mental illness can still pose risks to others, especially if their condition affects their judgment, self-control, or understanding of reality.

Here are some potential approaches to this issue:

1. Community Awareness and Education: Increasing awareness among family, friends, and the community can help them identify signs of mental illness that might not be accompanied by obvious distress. If people around the person can recognize symptoms like delusional thinking or impaired judgment, they can encourage the individual to seek help, even if the person themselves feels no need.

2. Preventive Mental Health Screenings: In some cases, routine mental health screenings, similar to physical health check-ups, could identify issues before they become dangerous. This could be part of a broader public health initiative, especially in professions or contexts where mental stability is crucial for the safety of others (e.g., pilots, law enforcement).

3. Involuntary Treatment Protocols: In situations where a person’s mental state poses a direct risk to themselves or others, many places have laws that allow for involuntary psychiatric assessment or treatment. However, these measures are controversial, as they involve balancing individual rights with community safety. For someone who is happy but potentially dangerous, this might only be a viable option if there is clear evidence of a risk to others.

4. Supportive Environments and Monitoring: Sometimes, simply creating a supportive environment where someone can safely express themselves and be observed by those around them can help manage the risk. In cases where a person’s mental state may affect their behavior unpredictably, ensuring that they have a stable and structured environment can mitigate potential dangers.

5. Legal and Ethical Considerations: Addressing the rights of individuals with mental illness is crucial, especially when they do not recognize or accept their condition. Ethical frameworks can help guide decisions about when and how to intervene. This often involves working closely with mental health professionals, legal experts, and the families of those affected to ensure a balanced approach.

6. Public Safety Initiatives: It might also be necessary to involve community safety programs, like training law enforcement to recognize signs of untreated mental illness that might pose risks. This can ensure that responses to potentially dangerous behavior are appropriate and that individuals get referred to mental health services rather than just punitive measures.

Finding a balance between respecting someone’s autonomy and ensuring public safety is challenging. While a person might feel subjectively well, if their condition makes them unable to recognize risks they pose to others, the broader community has a responsibility to address this through thoughtful, compassionate intervention strategies.

IF THEIR CONDITION MAKES THEM UNABLE TO RECOGNISE RISKS THEY POSE TO OTHERS

unable to recognise risks they pose to others

unable to recognise

unable.

so. the 1%, big oil, big pharma, big banks, arms industry, Netanyahu, US imperialism, AIPAC, trump, etc etc

definitely building The Fletcher Memorial Home in Florida.

[ridenwithbiden]

ICYMI last week

"The Department of Justice (DOJ) announced Wednesday the launch of two new COVID-19 fraud strike forces, as 371 people were charged over offenses in connection to the alleged theft of more than $800 million in coronavirus aid.

Out of the 371 defendants charged with pandemic-related fraud, 119 of them either pleaded guilty or were convicted at trial, according a DOJ press release. Authorities also said that more than $57 million in court-ordered restitution was imposed, and 117 civil matters occurred during the federal sweep, with more than $10.4 million in judgments.

Federal prosecutors also worked with law enforcement authorities to secure forfeiture of more than $231.4 million, the DOJ said.

“The Justice Department has now seized over $1.4 billion in COVID-19 relief funds that criminals had stolen and charged over 3,000 defendants with crimes in federal districts across the country,” Attorney General Merrick Garland said in a statement.

“This latest action, involving over 300 defendants and over $830 million in alleged COVID-19 fraud, should send a clear message: the COVID-19 public health emergency may have ended, but the Justice Department’s work to identify and prosecute those who stole pandemic relief funds is far from over.”

The department also announced the launch of two additional coronavirus fraud strike forces: one at the U.S. Attorney’s Office for the District of Colorado and one at the U.S. Attorney’s Office for the District of New Jersey.

The department said that the two new strike forces add to the three strikes launched last September in California, Florida and Maryland.

“The law enforcement actions announced today reflect the Justice Department’s focus — working with our law enforcement partners nationwide — on bringing to justice those who stole from American businesses and families at a time of national emergency,” Deputy Attorney General Lisa Monaco said. “The two new Strike Forces launched today will increase our reach as we continue to pursue fraudsters and recover taxpayer funds, no matter how long it takes.”

[theothin]

June 6 (Reuters) - A federal judge in Florida on Tuesday partially blocked the state from enforcing its recent ban on people under 18 receiving gender-affirming care such as puberty blockers and hormone therapy, allowing three transgender children to continue with their treatment while he hears a lawsuit challenging the law.

The preliminary order, from U.S. District Judge Robert Hinkle in Tallahassee, applies only to three transgender children in the lawsuit and their health care providers. It will remain in effect while the judge considers a lawsuit by seven families.

While Wednesday's order is not a final judgment, Hinkle said the plaintiffs were likely to win. He harshly criticized the law as motivated by "bigotry," noting that one state legislator had called transgender witnesses at a public hearing "demons."

[beardedmrbean]

A Tampa, Florida, police chief has resigned after body camera footage caught her using her rank to get out of a police traffic stop for driving a golf cart without tags.

Mary O’Connor submitted her resignation on Monday following an internal affairs review which found she violated police department policy during the 12 November stop by a Pinellas County Sheriff’s deputy.

In video obtained by Creative Loafing Tampa Bay, Ms O’Connor is seen trying to brush off the deputy who pulled her and her husband over in the cart.

“Is your camera on?” Ms O’Connor asks the deputy, Larry Jacoby, while gritting her teeth. “I’m the police chief from Tampa... I’m hoping that you’ll just let us go tonight.”

As the officers chat, Deputy Jacoby acknowledges, “We have a lot of problems with the golf carting around here, everybody comes out,” before letting the couple go.

“If you ever need anything call me—I’m serious,” Ms O’Connor tells the officer, handing him her card before the two shake hands and thank each other for their service.

After being placed on administrative leave immediately after the video was made public, Ms O’Connor admitted in an email to the department she showed “poor judgment,” Creative Loafing reported.

“In hindsight, I realise that conversation could be viewed as inappropriate, but that was certainly not my intent,” she wrote. “I’ve personally called the Pinellas County Sheriff Office offering to pay for any potential citation.”

An internal review found that Ms O’Connor violated regulations on standards of conduct and “abuse of position or identification”.

Tampa Mayor Jane Castor subsequently asked the police chief to resign.

“The Tampa Police Department has a code of conduct that includes high standards for ethical and professional behavior that apply to every member of our police force,” Mayor Castor said in a statement.

“As the Chief of Police, you are not only to abide by and enforce those standards but to also lead by example. That clearly did not happen in this case.”

Ms O’Connor’s post - which she held for nearly a year - will be filled by Assistant Police Chief Lee Bercaw until a permanent replacement is found via nationwide search.

Ms O’Connor has gotten in trouble with traffic stops in the past.

In 1995, as a rookie cop, her husband, also a police officer, was pulled over on suspicion of a DUI by Hillsborough County sheriffs and charged with drink driving.

As Ms O’Connor was put in the back of a police car, she punched a deputy and kicked the windows, for which she was later charged with assault, obstruction and disorderly intoxication.

She and her husband were both kicked off then reinstated to the Tampa police force.

[lewertlaw]

Business Name: Lewert Law, LLC

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Description: Board Certified Family Lawyer and Divorce Attorney in Marital and Family Law Be confident you have a legal expert on your side. At Lewert Law, LLC, our Boca Raton family law practice provides clients with sound legal advice and trustworthy representation in a wide range of family law matters including divorce, child custody and timesharing, child support, equitable distribution of assets and debts, alimony, post-judgment modifications, enforcement and contempt actions, paternity actions, and pre-nuptial or post-nuptial agreements. If you need a Boca Raton divorce lawyer or family law attorney call us today. Our experienced family law attorneys and divorce lawyers can help you and your family get through even the most difficult of times.

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[igettalk]

A deputy who accidentally set a motorcyclist on fire when he used his taser on him during an arrest at a Wawa gas station has been acquitted of all charges. The mishap happened way back in February 27 2002 in Orange County when Florida deputy David Crawford had Jean Baretto burning alive when he tased the victim while he was pumping gas in what was later discovered as a wrongful arrest. The botched arrest was a result of a case of mistaken identity/description. The police were attempting to arrest a man who was in a group of dirt bikers and was brandishing a gun and causing a nuisance on the road. Officers from the Osceola County Police Department while in pursuit of the man, crossed into Orange County when they saw Baretto who was 26 years old at that time, in the gas station, and immediately swung at him, mistaking him for the suspect. An explosion was said to have occurred and a fire started after Deputy Crawford used a taser on the victim repeatedly with gasoline on the pooling on the ground. Bodycam footage revealed deputy Christopher Koffinas first using his taser on Baretto and Crawford telling other officers to stop the gas pump which was spilling its contents after they had tackled the suspect to the ground. Koffinas dropped his taser on the ground and seemingly went to put the gas pump off, then Crawford picked up the taser and fired at the suspect after sounding a note of warning. The frenzy video continued with the officer urging Baretto to keep rolling on the ground as he burned and yelled in agony. Watch the video below: https://twitter.com/CollinRugg/status/1861089077417685110?t=rIrlt0yJF0xLeozxHC9T1Q&s=19 Though the officers immediately helped quench the flames on the man, they neglected to provide care afterward as seen by call logs when they did not call for medical assistance for him, but only requested for two other officers who were injured by the fire. The prosecutors blamed the police for dangerously tasing Baretto and causing him excruciating harm after failing to de-escalate the situation and putting everybody at risk. The police in its defense said the fiery incident was an accident and that the deputy reasonably believed that Baretto had a gun. Almost 3 years after the accident happened, Crawford was cleared of all charges by the jury - a judgment his attorney said was the "right conclusion". The Prosecuting attorney too seemed satisfied with the outcome of the trial and commended the efforts and time the court took in investigating the case. However, Baretto's attorney noted that even though the deputy was innocent, Jean Baretto was also innocent and is still suffering as a result of his actions. The attorney also revealed that the Osceola County Sheriff’s Department knew that Baretto was not the person they were looking for, 10 minutes before they accosted him in the gas station - as discovered by the court. Why the police continued remains a mystery and Baretto and his legal team are not ready to lay the matter to sleep. They are preparing to file a civil lawsuit against the deputy following the revelation discovered during this (criminal) trial. The same day, Baretto was arrested by the Kissimmee police for physically assaulting a pregnant woman. He was charged with fleeing and attempting to elude law enforcement, reckless driving, and resisting an officer without violence - though they were not filed in court. The Osceola County Sheriff’s Department noted the outcome of the case in a statement and said it also launched its own investigation into the matter. Read the full article

[osherowpllc]

Mark Osherow's New Book Guide to Florida Litigation: Tools, Strategies, and Key Principles for Clients and Lawyers is available for Download or purchase of hardcopy on Amazon.

https://a.co/d/dZ5Ffy2 The Guide to Florida Litigation is designed as a resource for navigating the intricacies of Florida litigation. It offers an in-depth look at each stage of the litigation process, from initial case evaluation to trial preparation, judgment enforcement, and beyond. With chapters covering affirmative defenses, discovery strategies, procedural requirements, and key case law,…

[leroylawpa]

LeRoy Law: Florida DUI Prescription Drugs Dangerous Legal Risks

Driving under the influence of prescription drugs in Florida is a legal minefield that many don't see coming until it's too late. While these medications are prescribed to help, they can also impair your ability to drive safely, leading to serious legal consequences. As a Dui Attorney in West Palm Beach, I often see clients blindsided by the complexities of Florida DUI prescription drug laws.

Understanding the legal landscape is crucial for anyone who takes prescription medications and drives. The law doesn't discriminate between illegal drugs and those prescribed by your doctor when it comes to impaired driving. Let's look at how these legal risks can impact you and what you can do to protect yourself.

Important Tips for Driving on Prescription Drugs

Always read the warning labels on your medication.

Consult with your doctor about the effects of your medication on driving.

Consider alternative transportation if you're unsure about your ability to drive safely.

How Can I Help You?

With years of experience dealing with the legal consequences of driving on prescription drugs, I can offer you the guidance and representation you need. Whether it's understanding the nuances of Florida Statute 316.193: DUI Penalties and Prescription Drugs or navigating the complexities of Florida DUI Administrative Suspension Laws: Prescription Drugs, I'm here to help. My approach is thorough and compassionate, ensuring that your rights are protected every step of the way. For more insights, I invite you to read my blog post on the legal consequences of driving on prescription drugs.

What Are the Legal Consequences of Driving on Prescription Drugs?

Driving under the influence of prescription drugs can lead to severe legal consequences, similar to those faced by individuals driving under the influence of alcohol. Florida's DUI laws are stringent, and they don't differentiate between alcohol and prescription drugs when it comes to impaired driving. The penalties can include fines, jail time, and a suspension of your driver's license. It's essential to understand that even if a drug is legally prescribed, it can still impair your ability to drive safely, leading to criminal charges.

Potential for criminal charges similar to alcohol-related DUIs.

Driver's license suspension under Florida DUI Administrative Suspension Laws.

Possible jail time and fines as outlined in Florida Statute 316.193.

How Do Prescription Drugs Affect Impaired Driving?

Prescription drugs can significantly impair your driving abilities, affecting your reaction time, judgment, and coordination. This impairment can lead to dangerous situations on the road, increasing the risk of traffic collisions. Law enforcement officers are trained to recognize signs of drug impairment, and they may use field sobriety tests and drug recognition experts to assess your condition. If you're found to be impaired, you could face serious legal penalties.

Impairment can lead to increased risk of traffic collisions.

Law enforcement may use field sobriety tests and drug recognition experts.

Legal penalties can include fines, jail time, and license suspension.

What Role Does Law Enforcement Play in DUI Cases Involving Prescription Drugs?

Law enforcement officers are on the front lines when it comes to identifying and prosecuting DUI cases involving prescription drugs. They use a variety of tools and techniques, including roadside checkpoints and field sobriety tests, to determine if a driver is impaired. If you're pulled over, officers will look for signs of impairment and may administer a breathalyzer test or other assessments. It's crucial to understand your rights during these interactions and to seek legal representation if you're charged with a DUI.

Officers use roadside checkpoints and field sobriety tests.

Breathalyzer tests may be administered to assess impairment.

Legal representation is crucial if charged with a DUI.

How Can Legal Representation Help in DUI Prescription Drug Cases?

Having experienced legal representation can make a significant difference in the outcome of a DUI case involving prescription drugs. A knowledgeable attorney can help you understand the charges against you, navigate the court proceedings, and build a strong defense. They can also assist in exploring options for expunging or sealing your record. With the right legal defense, you can protect your rights and work towards a favorable resolution.

Understanding charges and court proceedings.

Building a strong legal defense.

Exploring options for expunging or sealing your record.

Hypothetical Case Study: The Risks of Prescription Drug DUIs

Imagine you're prescribed a medication for anxiety, and your doctor assures you it's safe to drive. One evening, after taking your medication, you're pulled over for a minor traffic violation. The officer notices your slurred speech and unsteady movements, leading to a field sobriety test. Despite your protests that the medication is prescribed, you're arrested for DUI.

In court, the prosecution argues that your prescription drug use impaired your driving,  Without proper legal representation, you face fines, a suspended license, and even jail time. This scenario highlights the importance of understanding the legal risks and having a strong defense.

Key Takeaways on Florida DUI Prescription Drugs

Prescription drugs can impair driving and lead to DUI charges.

Legal consequences include fines, jail time, and license suspension.

Experienced legal representation is crucial for a strong defense.

FAQs on Florida DUI Prescription Drugs

1. Can I be charged with a DUI for taking prescription drugs?

Yes, if the prescription drugs impair your ability to drive safely, you can be charged with a DUI under Florida law.

2. What are the penalties for a DUI involving prescription drugs?

Penalties can include fines, jail time, and a suspension of your driver's license, similar to alcohol-related DUIs.

3. How do law enforcement officers determine impairment from prescription drugs?

Officers may use field sobriety tests, drug recognition experts, and breathalyzer tests to assess impairment.

4. Can I refuse a field sobriety test if I'm pulled over?

While you can refuse, doing so may result in additional penalties, including license suspension.

5. How can a DUI attorney help me with my case?

An attorney can help you understand the charges, navigate court proceedings, and build a strong defense.

6. Is it possible to expunge a DUI charge involving prescription drugs?

Yes, under certain circumstances, you may be able to expunge or seal your record, as outlined in the FDLE guidelines.

7. What should I do if I'm charged with a DUI for prescription drugs?

Seek legal representation immediately to protect your rights and explore your defense options.

Here are some resources used while researching this page!

Florida Statute 316.193: DUI Penalties and Prescription Drugs - Details the penalties associated with driving under the influence of prescription drugs in Florida.

Florida DUI Administrative Suspension Laws: Prescription Drugs - Explains the administrative suspension laws for DUI cases involving prescription drugs in Florida.

Driving Under the Influence - DUI Laws - An overview of DUI laws, including legal implications and enforcement.

Prescription Drugs - Legal Use and Risks - Provides information on the legal use of prescription drugs and associated risks.

Traffic Collision - Legal Ramifications - Explores the legal ramifications of traffic collisions, including those involving DUI.

Criminal Law - DUI Offenses - Covers the aspects of criminal law related to DUI offenses. Disclaimer: LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [561-290-2730] if you have any questions or require legal assistance.

[publiclossadjuster]

Comprehensive Guide to Debt Collection

Dive into the complexities of debt collection. Gain insights into legal aspects, strategies, & expert advice to navigate the process effectively. Read now!

[floridacollections]

Understanding the Role of a Florida Judgment Collection Attorney

These legal professionals specialize in the enforcement of court judgments, ensuring that creditors receive the amounts awarded to them through legal actions. In this blog, we will explore the various aspects of hiring a Florida judgment lawyer, their services, and how they can assist in navigating the often intricate process of judgment collection.

[gatekeeper-watchman]

To We the People, There are traitors and there are whistleblowers. Sometimes there is a fine line in-between. Sometimes there is even an overlap. In the final analysis, the determining factor as to which is which centers on loyalty and intent, i.e. did the “traitor” intend to destroy our country or did he intend to save it. Final judgment of Edward Snowden as to whether or not he is a traitor to our/his country must be based on this. 

I believe Edward Snowden is a whistleblower and not a traitor. He may be even a hero from one point of view. God only knows how far down the thorny path to tyranny our government would have taken us, if not for Edward Snowden. Secrecy and the classification of information in our country (in my opinion) have gone too far beyond the need for national security. One’s political security isn’t covered by the law. I submit to you that the power(s) of the NSA have been significantly abused to the detriment of our democracy, at times leaving even our Congress out of the “Loop”.

While I’m writing this, I want to make one additional observation. In legalese, there are the terms, de jure and de facto. De jure means “according to the law”, the way things are supposed to be. De facto means “in fact or in practice”, the way it’s really done or works in practice. What does this have to do with anything? It has to do with everything! I take exception with those who claim that Snowden had other courses which he could pursue in order to call this problem to the attention of government. Right—in terms of de jure, he did. Wrong!—in terms of de facto, he did not.

Did any of you read the recent article (last week) in the New York Times concerning the alleged abuse of employees by Amazon? Mr. Bezos, CEO of Amazon, responded by requesting his employees to report the abuses to management and they would be “looked into” (not good English—paraphrased, but you get the idea, I’m sure). Check out Amazon.com on Wikipedia and “click on” item 13.2, Working Conditions. It appears their problem with working conditions began in 2011. This is 2015. Do you really believe their de jure system for reporting to the top is working? From other cases about which I have read, it appears we aren’t enforcing the whistleblower laws we presently have on the books—so much for that other route to reporting.

Thank you, Edward Snowden. You have done a service to your country. When you came into office, Mr. President Obama, you promised transparency in government. I presume, consistent with your promise, you are in agreement with me.

From: Elder Steven P. Miller @ParkermillerQ, Founder of Gatekeeper-Watchman International Groups Jacksonville, Florida., Duval County, USA. Instagram: steven_parker_miller_1956, Twitter: @GatekeeperWatchman1, @ParkermillerQ, https://twitter.com/StevenPMiller6 Tumblr: https://www.tumblr.com/blog/gatekeeperwatchman, https://www.tumblr.com/gatekeeper-watchman Facebook: https://www.facebook.com/ElderStevenMiller https://www.facebook.com/StevenParkerMillerQ #GWIG, #GWIN, #GWINGO, #Ephraim1, #IAM, #Sparkermiller,#Eldermiller1981

[fldebtcollectionattorney]

Vehicle Levy in Debt Collection: Procedure and Legal Implications

How can creditors legally seize vehicles to recover debts?Vehicle levies represent a potent tool for creditors to enforce judgments. By navigating complex exemption rules and securing court permission, creditors can effectively seize vehicles as part of their debt recovery strategy. The Challenge of Tangible Asset Recovery Despite prevailing misconceptions, seizing vehicles through levies is one of the most effective forms of judgment enforcement, resulting in payment in over 70% of attempted cases. However, nuanced exemption rules often impede easy seizure, requiring sophisticated legal approaches to obtain permission for sustainable levies. The Frustration of Inaccessible Assets In today’s digital age, tangible assets like vehicles, equipment, and machinery often represent the last remaining opportunities to compel debt repayment economically. Unfortunately, confusing limitations surrounding tools of the trade, value thresholds, ownership structures, and other exemptions frequently place recoverable automobiles out of reach for many creditors. If left unaddressed, these exemptions, which prevent legal vehicle seizures, perpetuate situations where debtors can evade payment despite reasonable judgment enforcement efforts. Navigating Vehicle Levies with Marcadis Singer PA Overcoming common rejections based on inapplicable bicycle, sole vehicle, work necessity, and value-based exemptions requires precise legal expertise and relentless advocacy. Marcadis Singer PA leverages extensive experience to guide courts toward factual rulings that ethically permit the lawful seizure of eligible debtor vehicles, thereby unlocking accessible assets for debt repayment. Contact us online or call (813) 288-1881 to discuss options for overcoming improper exemptions through persistent, ethical legal action. Frequently Asked Questions: Vehicle Levy How are vehicles valued for levy purposes? Vehicles are often excluded from levy if valued below $1000 in many states. Fair market appraisals, guided by standard blue book valuations, are used to determine their worth. Can sole family vehicles be seized? In limited circumstances, sole family vehicles can be seized, but laws generally aim to prevent undue hardship that could result from the loss of essential transportation. What types of vehicles are typically exempt from seizure? Vehicles used as tools of the trade or valued under specific thresholds are often exempt from seizure. These exemptions vary significantly by jurisdiction and must be evaluated carefully. How can creditors navigate complex exemption rules? Creditors can navigate complex exemption rules by working with experienced legal professionals who understand local laws and can advocate effectively for the lawful seizure of vehicles. Your Next Move: Assert Your Rights with Professional Help Let our qualified legal team fight on your behalf to legally gain judicial authorization for seizing eligible automobiles. Contact us online or call (813) 288-1881 to discuss options for overcoming improper exemptions through persistent, ethical legal action. Legal Disclaimer This article provides general information only and does not constitute legal advice. Vehicle seizure laws vary substantially between jurisdictions, requiring individualized assessment by qualified local counsel regarding assets in question, likelihood of success, and risks or concerns with proposed levy approaches before taking action or relying upon any information contained herein. References How will my car be seized in a Florida judgement? - Car Levy Exemptions Overview - Value Of Motor Vehicles Exempt From Legal Process Read the full article

[dankusner]

Jack Smith should go away

The Supreme Court has made it unlikely that special counsel Jack Smith can bring his dubious case against former President Donald Trump to trial before the election.

Even the Democratic deus ex machina is having a bad stretch.

No matter how favorable the presidential race has looked for Donald Trump, there’s always been the possibility that special counsel Jack Smith would get to trial with his Jan. 6, 2021, case before the election and, at the very least, dominate the news cycle for weeks and, in all likelihood, convict Trump in a case involving more serious matters than hush money to a porn star.

Now that President Joe Biden stumbled so badly in the first presidential debate, lawfare is more important than ever to Democrats, but Jack Smith’s case is hanging by a thread.

Democrats blame the Supreme Court, which has undercut Smith in two new decisions.

In the belief that what the situation requires is a futile and stupid gesture, Rep. Alexandria Ocasio-Cortez says she’s going to file articles of impeachment against conservative justices.

Yet it is Smith who has forced novel and sensitive legal issues to the fore.

The Biden Justice Department and Democrats may believe that it’s the role of the Supreme Court to expedite a politically motivated, legally dubious prosecution of a major party presidential candidate prior to a national election, but it’s not.

Because what Smith is doing is unprecedented, it has raised questions that haven’t been answered before — such as, you know, whether a former president of the United States can be prosecuted at all.

If the Biden Justice Department wanted such questions decided well before the 2024 election, it needed to indict Trump earlier than August 2023.

As it is, Smith has been in a race against the clock because the political usefulness of his prosecution disappears after Election Day 2024, and if Trump wins, the prosecution itself goes away.

This means that Smith, against Justice Department guidelines, is conducting his prosecution on a political timetable.

The Supreme Court just made Smith’s hope to get the case to a jury sometime soon much harder by concluding that presidents have immunity for their official acts, and some of the Jan. 6 charges, indeed, involve official acts.

The obvious play for Smith would be to strip down his case to charges involving private acts, such as the so-called fake electors scheme.

Since the Supreme Court majority said even that isn’t clear-cut, though, the way would be open for Trump to appeal — with its attendant delays — an even more minimal case.

The majority opinion, written by Chief Justice John Roberts, is not unassailable, but neither is it wildly unreasonable or going to lead to future presidents droning their political opponents with impunity.

Meanwhile, two of Smith’s charges rely on a provision passed as part of the Sarbanes-Oxley Act after the 2001 Enron scandal that doesn’t obviously have applicability to the events of Jan. 6.

A majority of the Supreme Court — in a decision joined by Justice Ketanji Brown Jackson, by the way — adopted a narrow reading of the law, further complicating Smith’s task.

It would be better if these matters of law were being decided as abstract questions without knowing who will be affected one way or the other before a national election, but Smith has made that impossible.

A more modest prosecutor never would have gotten himself or the country in this fix.

It is very fitting that Smith’s appointment as special counsel may itself be constitutionally defective and is under serious challenge in the classified documents case he is pursuing in Florida.

By rights, he should go away.

Smith represents the worst tendency of the law enforcement and national security establishment since Trump’s rise to prominence in 2016.

The basic idea has been that it’s OK to stretch or break norms as long as it’s in the cause of opposing

Trump. Showing remarkably poor judgment, Smith assumed that everyone, including the Supreme Court of the United States, would go along.

Now that it hasn’t, he’s poorly positioned to assist Joe Biden when he needs it most.