Category: FAQ
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What is the function of the grand jury?
The grand jury determines if there is enough evidence to bring charges against a suspect and proceed with the criminal case. The grand jury examines the evidence and may listen to witness testimonies to determine whether to indict an individual. However, unlike a regular jury, the grand jury does not decide guilt or innocence. Every…
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What is the function of the prosecuting lawyer?
The prosecuting lawyer is the legal representative who advocates for the federal, state, local or tribal government in a lawsuit against an accused offender. The specific title of the prosecuting lawyer may differ depending on the jurisdiction, but some commonly used titles include county counsel, municipal solicitor, city advocate, United States counsel, and state litigator.…
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What is the distinction between probation and parole?
Probation refers to a form of criminal punishment that enables an individual to remain within the community instead of being confined to prison, provided that they adhere to specific requirements (such as regularly meeting with a probation officer, abstaining from drugs and alcohol, maintaining employment, avoiding certain individuals, and refraining from committing additional crimes). Parole,…
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What is restitution in the criminal context?
Depending on the relevant federal or state laws, part of a criminal sentence may involve the payment of restitution to the victim or victims for their losses associated with the crime. Restitution may involve compensation for property damage or loss, medical and rehabilitation expenses, lost income or funeral expenses. Part of the philosophy behind criminal…
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How are children and youth prosecuted?
Is it common for individuals under the age of 18 to face criminal charges in a distinct court system designed specifically for juveniles. The underlying principle of the juvenile justice system is to avoid penalizing or labeling children for their unlawful actions due to their limited capacity for sound decision-making and moral discernment. Instead, the…
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What penalties am I facing?
Penalties vary from crime to crime. Some cases, such as driving under the influence (DUI) or solicitation, are misdemeanors punishable by a fine of up to $4,000 and up to 1 year in jail. Other cases are felonies and are far more serious, such as aggravated battery, sexual assault, burglary, and homicide. These cases could…
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What does the term marriage fraud refer to?
Marriage fraud refers to the act of intentionally marrying solely for the purpose of obtaining a green card. Marriage fraud is a violation of federal law that can result in a maximum prison sentence of five years and a fine of up to $250,000.
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How do I adjust my status once I’m in the U.S.?
If you are already in the U.S., you may be eligible to become a legal permanent resident by filing an Adjustment of Status application without having to leave the country to apply for an immigrant visa. If a current visa number is available, then adjustment of status can be filed at the same time with…
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What are the reasons for denying someone a green card?
Your application may be denied because the forms were not filled out correctly, supporting documentation is missing, or your eligibility to become a legal permanent resident is in question. Mr. Smith, our Miami immigration attorney, can review your case and help you rectify any errors or explore alternative solutions to assist you in accomplishing your…
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What is automobile negligence?
Failure to act in a reasonable and careful manner under the circumstances. Every driver has the duty to operate the vehicle safely and to make sure their vehicle is well maintained.
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What is an anonymous vehicle?
An “anonymous vehicle” refers to an unidentified vehicle that caused a crash. Frequently, the vehicles involved in the crash flee the scene and cannot be positively identified or located.
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What is Medical Payment Coverage or Med Pay?
What is “medical payment coverage”? Medical Payment coverage, also referred to as Med Pay, is an extra coverage provided by insurance companies to cover expenses that are not covered by the Personal Injury Protection (PIP), such as deductibles. This coverage, unlike PIP, can be subject to subrogation, which means that if there is a recovery…
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Who is responsible for covering the cost of the rental car that I require following a car accident?
This is an evolving situation. In the past, the insurance of the party at fault would typically cover reasonable rental costs. However, some insurance companies now offer limited reimbursement for rental expenses, which means you might have to initially pay for these expenses yourself. If you have rental insurance as part of your Comprehensive and…
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Who will be responsible for covering my medical costs after my car accident in Florida?
Personal injury protection (PIP) is the primary insurance in the state of Florida and covers 80% of your medical expenses, up to $10,000. Otherwise, health insurance would act as a secondary insurance, alongside any Med Pay. However, health insurance and Med Pay have the right of subrogation, which means that if there is a recovery…
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How can I seek compensation for the damages to my vehicle?
Assuming that the responsible party has what is referred to as property damages or PD, you have the option to file a claim against their insurance. Alternatively, if you have Comprehensive and Collision insurance, you can file a claim with your own insurance to cover the costs for your car. This typically leads to faster…
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What is the required insurance in the State of Florida?
The only coverage mandated in the state of Florida is the minimum amount of the PIP. Frequently individuals mix it up with the term comprehensive coverage but there is no such legal description of comprehensive coverage in the state of Florida. Likewise, PD amounting to $10,000.00 is also obligatory.
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What if I am hit by someone who is driving a rented vehicle?
According to Federal law, the maximum compensation from a vehicle rental company under the Graves Amendment is $10,000.00 for injuries sustained. However, certain rental car companies may provide extra insurance coverage for the renter, surpassing this limit. That’s why a legal team examines all insurance policies, not just those of the rental company, but also…
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What if a loved one passes away due to a car accident?
This case needs to be filed in court within a 2-year timeframe and it is referred to as a wrongful death claim. A personal representative will need to be chosen to advocate for the estate and the compensation of all surviving individuals.
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Who will cover my medical expenses from a bicycle accident?
The response may astonish you. If you possess your own motor vehicle, you can utilize your PIP insurance to handle your medical bills (refer to Swift Law Group on Personal Injury Protection (PIP)). If you do not possess a motor vehicle or reside with a resident relative who possesses a motor vehicle, you might be…
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How long will it take to recover the rental property?
In an eviction proceeding, it depends on the judge’s docket and the Sheriff’s docket. If the tenant fails to respond within 5 days of service or fails to deposit money in the Court registry, then it could be as little as 5-10 days. If the tenant does respond and deposit monies in the registry, then…
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What kind of compensation can I expect from a mesothelioma lawsuit?
Due to the unique nature of each case, no attorney can assure the amount of compensation you will receive or guarantee any compensation at all. After our legal firm’s dedicated team has thoroughly examined your claim, our skilled lawyers specializing in mesothelioma cases will inform you of the expected outcome in your particular situation.
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What happens if the firms accountable for my asbestos exposure have declared bankruptcy?
Once a firm has filed for bankruptcy, legal action against that firm is no longer possible. Nevertheless, several currently bankrupt businesses that manufactured asbestos goods were obligated to establish a fund to reimburse victims of asbestos exposure. The compensation you may receive from a bankruptcy trust fund is typically lower compared to what you could…
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Who is eligible to file for Chapter 11 Bankruptcy?
Chapter 11 bankruptcy is considered to be the most costly option for bankruptcy, hence a thorough evaluation of its suitability for individuals, married couples, or businesses is advised. In the case of filing as a business, it can continue to operate throughout the proceedings. Regardless of being an individual or a business, you hold the…
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How are Parenting Issues Determined in the state of Florida?
The courts will determine time-sharing and parenting arrangements by considering the best interests of the children, as well as assessing the set of circumstances regarding each parent’s financial situation and their willingness to be involved in their children’s lives.