Defending Burglary, Larceny, Robbery, Shoplifting, and Theft Charges and Offenses in Florida

Although unfortunate, every society must come to terms with the fact that crimes will be committed. 

That seems to be even more true in today's world, where the economy, recent housing crisis, unemployment rates, and financial inequality aren't helping anyone make ends meet. Low wages and big profits for competition tend to make retailers an easy target for shoplifting and theft, which is what we tend to see the most of here in Tampa.

 

We've also represented defendants charged with more serious offenses such as burglary and robbery - both of which require dedicated legal representation in order to provide the best possible outcome for our clients.

Why should I choose Fernandez Law Group if I am charged with burglary, larceny, robbery, shoplifting or theft?

These charges are very serious and require attorneys who are experienced and aggressive in order to identify evidence and witness testimony that can refute the allegations of prosecutors.

Frank Fernandez, founder of Fernandez Law Group, has over 18 years experience handling these cases. Frank works these cases along with Jeff Quisenberry. Jeff was a former prosecutor for over 20 years who once handed these same cases from the prosecution side. He has since then become a defense attorney.

Together, Frank and Jeff provide a serious defense team for the price of a sole practitioner. We move quickly and efficiently, getting to the prosecutor long before the case gets to court.

You have two attorneys on each case working for you - aggressively, competently, and comprehensively.

We understand how difficult it can be when faced with these types of charges.

There are many factors that can lead to someone picking up charges related to theft. The penalties in Florida can be very severe and these charges are not something to take lightly. Our team of attorneys understands the difficult situations many families face on a day to day basis and the various crimes and charges that can be picked up along the way during hard times.

Although this no excuse and in no way justifies resorting to crime, we recognize that poor decisions can be made by anyone at anytime, for reasons many may or may not ever understand.

 We're not here to judge you or your actions. We're here to represent you and your best interests and provide you with the best possible outcome regardless of the severity of the charges. With our representation, we can get you through the ordeal with as little collateral damage along the way so you can get back on your feet and move forward with your life and put the past behind you.

We offer complete criminal defense solutions for everyone, including record seal and expungement.

Florida law provides an option for qualifying individuals to have certain criminal arrest records sealed or expunged if those records stem from a single arrest or incident. The process is rather complicated and the requirements as per Florida Statutes are very complex.

Aside from having a knowledge of the process, many people have difficulty understanding what types of records can be sealed or expunged, and whether or not they qualify. Our criminal defense attorneys can really go a long way in helping you achieve this goal - and we have a new solution available to help you get your record sealed or expunged. This along with removing any online mugshots or web pages that may hurt your future employment, rental, lease, or business opportunities.

Types of burglary, larceny, robbery, shoplifting, and theft charges in Florida with general sentencing guidelines:

There are many factors that can lead to someone picking up charges related to theft. The penalties in Florida can be very severe and these charges are not something to take lightly. Here in Tampa, we generally see the following types of crimes related to theft:

Petit Theft (Petty Theft)

Petty theft is the common term for what is known as Petit Theft in Florida. Petit or Petty Theft is broken into Second and First Degrees. Petit Theft of the Second Degree

• In Florida, petty theft of the second degree usually involves property stolen which has a value less than $100. This is the lowest level of theft offense, and is a misdemeanor of the second degree. (Fla. Stat. Ann. § 812.014.)
• A sentence of imprisonment of not more than 60 days and a fine not to exceed $500 can result from conviction of a misdemeanor of the second degree in Florida. (Fla. Stat. Ann. § 77.082, 77.083.)

Petit Theft of the First Degree

• Petty theft of the first degree is also punishable as a first degree misdemeanor and involves situations where the property stolen is valued over $100 and less than $300. (Fla. Stat. Ann. § 812.014.)
• After a conviction for a misdemeanor of the first degree, the offender may receive a definite term of imprisonment of not less than one year and a fine of not more than $1,000. (Fla. Stat. Ann. § 77.082, 77.083.)

Grand Theft of the Third Degree

Grand theft of the third degree is a felony here in Florida and can include a number of offenses including:

• Theft of property valued between $100 and $300 if taken from a home.
• Theft of property valued at less than $20,000
• Theft of a motor vehicle
• Theft of wills
• Theft of a commercial farm animal
• Theft of Firearms
• Theft of a Fire Extinguisher
• Theft of a stop sign
• Theft of construction equipment and property from construction sites
• Theft of controlled substances
• Theft of anhydrous ammonia (used in methamphetamine manufacture)

The charges for third degree felonies in Florida typically result in a prison term not to exceed five (5) years and a fine no greater than $5,000. - (Fla. Stat. Ann. § 77.082, 77.083.) Grand Theft of the Second Degree Also a felony of the second degree in Florida, the following offenses qualify for grand theft charges of the second degree:

• Theft of property valued between $20,000 and $100,000
• Theft of emergency medical equipment with a value of $300 or more
• Theft of law enforcement equipment with a value of $300 or more
• Theft of intrastate or interstate commerce valued at $50,000 or less

Second degree felonies in Florida typically result in a prison sentence not to exceed fifteen (15) years and a fine of $10,000 or less. Grand Theft of the First Degree In Florida, grand theft of the first degree is the most serious level of theft that can be committed in Florida. These charges result in a felony of the first degree, and the following types of crimes fall into this category:

• Theft of property exceeding $100,000 in value
• Theft of intrastate or interstate cargo valued over $50,000
• Theft of any deployed semitrailers and related monitoring stations of law enforcement
• Theft in which the offender uses a motor vehicle as an instrument of the crime while causing more than $1,000 in personal or real property damages. - (Fla. Stat. Ann. § 812.014.)
• For sentencing, first degree felonies in Florida typically carry a prison sentence of up to 30 years along with fines not to exceed $10,000. - (Fla. Stat. Ann. § 77.082, 77.083.)

Shoplifting

Florida refers to shoplifting as retail theft, and is typically committed in a number of ways, including taking possession of or carrying away property of the merchant, altering price tags and labels, transferring or hiding merchandise in different containers, removing a shopping cart of merchandise, and fraudulent returns. The charges can vary depending on value.

• Shoplifting charges for property with a combined value less than $100 is second degree petit theft. Fines can reach $500 and jail time can be as many as 60 days.
• Shoplifting charges for property with a combined value more than $100 but less than $300 is first degree petit theft. Fines can reach $1000 and jail time can be as much as a full year.
• Shoplifting charges for property with a combined value more than $300 and less than $20,000 is third degree grand theft, a third degree felony. These fines can hit $5,000 and land offenders with up to five (5) years in prison.

Also keep in mind, here in Florida there are increased charges for subsequent convictions of petit theft and shoplifting. In some cases, public service may be substituted for fines. If fines are instituted, they range from $50-$1000 with an additional 60 days to 1 year in jail per instance.

Robbery

Robbery involves using force, violence, or threat of violence against another person for the purpose of committing a theft upon that person. This is also a very serious charge in Florida as it is a felony which can be punishable by up to fifteen (15) years in prison. If a weapon or firearm was used, the sentence can double, and becomes punishable by up to thirty (30) years in prison.

Burglary

Burglary involves entering a home, business, building or vehicle with the intent to commit a crime within. Depending on the severity of the crime, penalties can range from five (5) years to life in prison. If you see signs that say private property, you should definitely respect the rights of the owner and steer clear because in Florida, simple trespassing can also lead to burglary charges.

Burglary with Battery

Burglary with battery is even more serious. If the burglary was committed along with an assault, battery, weapon possession or severe property damage, then it becomes a first degree felony here in Florida.

Larceny

Similar to burglary, however, the major difference is that with larceny, the perpetrator does not commit the act of illegally entering into a structure with force, without force, or attempt of force. Motor vehicles are not considered a structure. Therefore, if an individual enters a motor vehicle and removes parts, accessories, or personal property, larceny has been committed. It makes no difference if the vehicle was locked or unlocked.

The most common types of larceny reported in Florida for 2013 were as follows, and are listed in order by number of incidents:

• Miscellaneous - all other
• Theft from a motor vehicle
• Shoplifting
• Theft of motor vehicle parts
• Theft from outdoor shed or building
• Theft of bicycles
• Pick Pocketing / Pocket Picking
• Purse Snatching
• Theft from coin operated devices

Prior Theft Convictions and the impact they have on current cases:

Here in Florida, in cases of petit theft where the offender has been convicted previously for any type of theft offense, the charges will be upgraded to a first degree misdemeanor. When an offender has two or more previous theft convictions, petit theft can then be increased to a third degree felony offense.

Additional civil penalties related to theft in Florida

Civil Liability

If an individual commits theft, they may be held civilly liable to the victim. And if a minor child is involved, a parent or legal guardian can also be held civilly liable as well. Anyone held civilly liable for theft in Florida can typically expect the following: Judgment for three times the amount of monetary damage or $200, whichever is greater. This amount is typically based on the value of the merchandise stolen. Additionally, reimbursement of attorney's fees and costs for pursuing the civil suit may also apply.

Driver's License Suspensions

Florida courts have the discretion and authority to determine whether or not a license suspension will be imposed for anyone convicted of theft. The suspension can be imposed for a simple petit theft of something as small as a pack of gum. 

Without question, anyone who has been previously convicted of theft will receive a suspension of driving privileges. First offenses will incur a suspension of no more than 6 months, however, subsequent offenses can result in suspensions lasting more than a year. If the offender is a juvenile, a withholding of license issuance may result.

As your attorneys, our goal is to provide you with experienced and aggressive representation in order to help get you the best possible outcome when faced with any charges. And if you're dealing with any theft charges, especially robbery and burglary, you're going to need a solid defense. Don't be intimidated, come in and talk to us. The consultation is free. We can help you.

Call us today at 813-489-3222 for a FREE consultation and find out what we can do to begin helping you with your defense immediately!

Content authored by Gaston Fernandez

 

Note to visitors: Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Large Truck, 18-wheeler or tractor-trailer accidents involving Personal Injury and what to expect

For the past decade, Florida has been one of the top 5 states in the nation for trucking related accidents.

Here, trucking accidents account for well over 7% of all fatal accidents, which is more than double the national average.

Our attorneys have been hired to handle all types of 18 wheeler, large truck, and tractor-trailer accidents over the years. We are fully prepared to fight hard on your behalf.

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If you or a loved one has been injured in an accident involving a large truck, 18-wheeler or tractor-trailer due to the negligence of somebody else, do not try to handle a claim on your own or risk using an inexperienced lawyer.

Not all personal injury attorneys have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills.

Quick Links to resources on this page: Our Experience / How we can Help | Truck accident statistics | Types of truck accidents Negligence in Truck Accidents | What damages can I expect? | Will I go to court or settle out of court?

If you were injured in a trucking accident, our attorneys can help you get the compensation you deserve.

Our attorneys have a combined legal experience of over 40 years in handling all types of personal injury cases, and a large portion of our work involves trucking accidents.

We put not one, but multiple attorneys on your case in order to give it the extra attention it deserves. Not only that, but we're also fewer than 10% of Florida attorneys who are also authorized to practice in federal courts. Let us put our experiences and resources to work for you today, and you can expect to get the results you deserve.

Our attorneys are very experienced and fully prepared to litigate aggressively on your behalf. There are no up front fees or costs unless we win and our consultations are always free. And we make it very easy to reach us - by phone, email, our quick contact form, and even live chat right here on the website. And if you're still unsure, have a look at some of the reviews we receive.

Helpful links:

• What to do (and not to do) if you're in an accident involving Personal Injury:
  
• How to prepare for your personal injury litigation and deposition questions
• What to Expect in a Personal Injury Trial

Let's take a look at some statistics involving large trucks:

The U.S. Department of Transportation reports that on average, over 500,000 truck accidents occur every year in the United States, causing over 80,000 injuries, with nearly 4,000 of these crashes resulting in a fatality.

The most recently published data from the Federal Motor Carrier Saftey Administration shows that in 2012, large trucks and buses were involved in over 300,000 accidents which resulted in more than 85,000 injuries and 3,700 deaths on roadways.

Over 750,000 trucking and bus accidents resulted in property damages as well. Estimated costs as a result of these accidents has exceeded $110 Billion dollars.

2013 figures are not yet available for 2014, however, Florida's Integrated Report Exchange System data shows that nearly 20,000 accidents involving a heavy truck or bus occurred in 2012 with nearly 200 fatalities and over 4,500 injuries reported during that time.

In contrast, heavy trucks and buses accounted for over 12,000 accidents in 2010 with over 200 resulting in a fatality and 7,500 resulted in some type of injury.

According to crash history data, Hillsborough County has continually had one of the highest rates of accidents involving large trucks or buses which result in injury or death for the past 10 years.

Over 65% of crashes occur during the day with around 65% of those occurring in rural areas, and about 78% of those happened on weekends.

Primary types of trucking accidents in Florida:

Rear-end and side collisions:

Some of the most common types of accidents involving large trucks and cars occur from rear-end and side collisions. Usually it involves a tractor-trailer rear-ending a vehicle or hitting the side of a vehicle at a T-angle.

The cases we've seen involving rear-endings typically result from trucks not being able to stop in time for traffic, whereas the T-angle crashes typically result from truckers running red lights. Both of these instances are very negligible on the part of the truck operator and these cases can often settle out of court.

Under-ride accidents:

These are one of the most fatal types of accidents involving 18-wheelers and large trucks. These accidents occur when a truck quickly slams on their brakes and the driver of a passenger car or truck collides with the rear of a truck and slides up under the rear of the trailer, often pulled and tucked by the trailer's rear wheels.

Driver negligence, poor road conditions or mechanical failure are all factors that contribute to these types of crashes.

Head-on collisions:

Florida is full of two lane highways without a median to protect drivers from oncoming traffic. With only a painted centerline marking the divide between lanes, drivers are at increased risk for head-on collisions when traveling on these routes.

Unfortunately, these types of accidents are usually very severe. The weight of a large tractor-trailer impacting a smaller passenger car or truck is extremely damaging and those who manage to survive are often left with permanent injuries as a result.

Driver negligence, such as falling asleep behind the wheel, operating while under the influence of drugs and/or alcohol, and an increased rise of distracted driving has continually been the cause of these types of accidents.

Truck rollovers:

Truck rollovers occur when a truck has too high of a center of gravity. Overloading or mis-loading the freight can be a contributing factor. But even the most properly loaded trailer can still rollover if a trucker takes a turn too fast. We've also seen plenty of cases where a truck has locked up the breaks, resulting in a jackknife that not only causes a rollover, but a rear-end collision as well.

Lost loads:

Drivers are supposed to constantly check the status of their loads in order to ensure they are safe and secure. Improperly or inadequately securing a load the negligence of the driver to properly inspect and continue to inspect the load can have bad consequences for other motorists.

Blind spots:

As a motorist, you should be aware that truck drivers usually have rather large blind spots where they have trouble seeing other vehicles. This can make changing lanes quite difficult. Blind spot accidents are difficult to avoid, especially in situations where you are between a large truck and a wall.

Tire blowouts:

Not only does a tire blowout increase the chances for a driver to lose control of a large truck or 18-wheeler, it also has other potential consequences. Shrapnel from the tire may fly back and impact your windshield and hinder your view or spin you out of control, for example. Drivers running into or trying to avoid tire blowout debris is also a common cause of accidents.

How does negligence come in to play with trucking accidents?

Tractor-trailers have the potential to be a very dangerous hazard. Weighing in around 80,000 pounds, they are difficult to maneuver. Acceleration, stopping and turning abilities are greatly hindered. It's no wonder why drivers are required to pass a CDL exam, and there's many other requirements drivers must adhere to.

Truckers can be negligent for many reasons. Some may have expired licenses, or operating privileges revoked. Having lack of proper registration, insurance or inspection is also negligent behavior. And drivers are also subject to time limits on the road and relating to sleep in between as well as being subject to lower blood-alcohol contents. These extra restrictions are meant to protect us, but with all the different requirements comes a higher potential for mistakes to be made.

Not only that, but truck drivers must adhere to all of the other basic safety rules and regulations on the roadway as motorists do, but they have to also take into account all of the other variables that come into play due to the size or type of load they are carrying. It is a demanding job that requires skill and patience where small mistakes can cause huge accidents, injury, loss and even death.

Different types of negligence that results in trucking accidents:

• Driver Fatigue and Hours of Service
• Vehicle Maintenance and Inspections
• Being careless or inattentive
• Failure to check blind spots
• Operator inexperience
• Excessive speed
• Alcohol and/or drug use
• Over the counter drug use
• Overloading
• Lack of proper lights
• Failure to signal
• Distracted driving
• Brake violations
• Unfamiliarity with the roads or route
• Aggressive driving or road rage

How can I expect the claims for my personal injury due to an accident involving a large truck, tractor-trailer or 18-wheeler to be handled?

Our attorneys are ready to work extremely hard on your behalf and have no issue devoting a great deal of effort and resources on your behalf because we accept only serious, legitimate cases. Our clients find great peace of mind in our experience and commitment to go far as necessary to make a substantial and meaningful difference in the lives of injured citizens.

After negligence is proved in my injury claim, what kind of damages can I expect?

Here in Florida, and particularly in the cases our law firm has handled over the years here in Hillsborough County, most truck accidents which result in a personal injury have resulted in our clients receiving several different types of recoverable damages, including the following:

• Past and future physical pain and/or mental anguish and suffering compensation
• Past and future disfigurement compensation
• Past and future physical impairment compensation
• Recovery for lost wages, or loss of future earning capacity
• Past and future medical expenses
• Punitive damages (in some cases)

While the above list is a general idea of what you can expect when settlement is reached, each case is very unique and results may vary. Our experience and dedication to your case will ensure we work aggressively on your behalf to get you the very best possible outcome for your situation.

Will I be going to court, or is there a chance we can settle out of court?

Our clients have the right to decide if and when to settle a case or to proceed to trial. We meet with our clients individually to discuss their options and how to proceed in their best interest. Some insurance companies routinely refuse to make a reasonable offer to any lawyer, leaving no other option but to proceed to trial. It is important to have an experienced trial attorney who is able to provide competent representation in court to obtain a favorable verdict.

Our firm has more than 40 years of combined legal experience. We have a former prosecutor on board as well, and we are also fewer than 10% of Florida attorneys who are authorized to practice in Federal court. When you choose Fernandez Law Group to represent your legal needs, whatever the situation, we put multiple attorneys on your case and thoroughly evaluate every single remedy available to you at no extra expense.

Our personal injury attorneys and dedicated support staff will focus on your needs while providing superior, effective, and vigorous representation of your interests. We are paid for our legal services only if we obtain a recovery on your behalf, and we will come to your home or to the hospital for your convenience.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years, including accidents involving large trucks, 18-wheelers or tractor-trailers. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Tampa Attorney Frank Fernandez at 813-489-3222 for a FREE consultation.

If you or a loved one has a question about a potential personal injury case or if you're in need of a personal injury attorney in Tampa, we hope that you will contact our office for a free consultation.

Tampa Personal Injury Resources and Information:

• General Information about Personal Injury and Compensation
• Understanding Negligence and Personal Injury Law
• How Important is a Personal Injury Lawyer?
• 5 Reasons Why You Need a Personal Injury Attorney
• Myths and Misconceptions about Personal Injury
• What to Expect in a Personal Injury Trial
• How to prepare for your personal injury litigation and deposition questions
• What to do (and not to do) if you are involved in an accident involving personal injury

Types of personal injury cases and what to expect:

• Auto Accidents involving Personal Injury and what to expect
• Boating Accidents involving Personal Injury and what to expect
• Trucking Accidents involving Personal Injury and what to expect

Applying Florida Statutes in Tampa Personal Injury Situations:

• Medical Malpractice and Related Matters
• Florida Wrongful Death Act

Call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Annulment of Marriage in Florida

In the State of Florida, a couple wishing to terminate their marriage can do so by either dissolution through divorce proceedings, or as an alternative, certain situations may provide the option of seeking an annulment.

With an annulment, the marriage is nullified by the court and it is declared as if the marriage never took place.

Although the State of Florida has no specific rules or statutes in place to govern the annulment process, the typical scenario is to follow the general venue statute while commencing the action within a circuit court.

The annulment process voids the marriage or bonds of matrimony as if it never took place whereas a divorce decree will only terminate the marriage from that point forward while not affecting the former validity of the marriage.

Certain grounds and requirements must also be followed and are to be presented before the court.

What are common grounds for annulment?

One of the most common reasons for an annulment to be considered would be in situations where one of the parties lacked the legal capacity to enter the marriage in the first place. There are several reasons why this could occur, but typically one of the following would apply:

• One of the parties has a prior existing marriage that has yet to be dissolved legally
• A party who was extremely intoxicated at the time and lacking proper judgment
• Anyone who is lacking in an adequate level of mental ability to make important decisions
• Someone who is under the legal age for consent to be married

Other factors that can be considered grounds for annulment:

• Fraud
• Duress
• Coercion

Fraudulent marriages are actually a little more common than one might think. In fact, any marriage where one of the parties never intended to be married can be considered fraudulent. This occurs when the marriage was sought in order to deceive the other party.

One of the most common types of fraudulent marriage occurs whenever people marry to give a party citizenship rights.

Being forced or threatened into the marriage would be classified under duress or coercion.

Factors that disqualify annulment as an option:

Any party who wishes to contest a marriage and seek an annulment in the State of Florida may do so, however, they will be required to prove one or more of the above grounds. Furthermore, the annulment will not be granted if the contesting party has ratified the marriage.

A marriage cannot be subject to annulment if the person seeking the annulment has confirmed the marriage after they have already become aware of the defects.

Because Florida is a "no fault" state, anyone can divorce for no reason at all if they so choose, and divorce is always an option when an annulment isn't. Divorce is usually the easier process of the two options.

The family law attorneys at Fernandez Law Group always represent the best interests of our clients and if you have any questions and need an alimony or divorce attorney in Tampa, we suggest you call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

The differences between Civil Law and Criminal Law

Over the years, many people have asked us the following question - What the difference is between Criminal Law and Civil Law? In this section, we're going to provide you with some information and examples in order to help you learn more about the differences in these two types of law. We will also discuss what makes them unique from one another.

Criminal Law:

Many people already have a good understanding of what constitutes a criminal law situation. First and foremost, the act of a crime is typically committed, or a law has been broken. Primarily, these crimes are committed against other people. There are nearly 50 different chapters with types of crimes in Florida outlined in the 2012 Florida Statutes.

Typical criminal acts or crimes committed against others would include murder, assault, robbery, or rape. These are all acts of physical violence against someone else. But Criminal Law also includes types of theft - burglary, shoplifting, smuggling, or larceny. Other protections afforded to the general public under the blanket of Criminal Law prohibit the use and sale of illegal drugs, as well as driving under the influence and other similar crimes.

In Criminal Law, there are penalties for every offense, typically resulting in fines and jail time. The severity of the crime often determines whether or not a person accused of a crime is charged with a misdemeanor or felony. If you are formally accused of a crime, you become liable not just to the victim of the crime, but also to the entire state.

When you're charged with crimes, and it's legally been proven that you have in fact committed the alleged crimes and violations by the court, then it is very likely that some type of sentence will be handed down upon you. This does not necessarily mean you will be receiving jail time.

Depending on the circumstances, a simple fine may even be sufficient. Some cases will require supervision or having to report to a parole officer. Other situations may require some type of community service. And in severe cases, the sentencing might require a combination of several different requirements. Here in Florida, the Criminal Defense Attorneys at Fernandez Law Group are happy to guide, support, and help assist the accused in court proceedings. We are here to protect you and ensure that you receive a fair trial.

Civil Law:

The most significant difference between Civil Law and Criminal Law is that Civil Law deals with the adhering to and enforcing of a contract, whether it is oral or written. And in Civil Law, a crime doesn't necessarily have to have been committed. Under the guidelines established by Civil Law, a person who fails to adhere to an agreement or a person who tries to wrongfully claim damages would both be in a position to be held accountable.

Civil Law cases often require a significant amount of additional work on the part of the attorney, as data and evidence needs to be collected from multiple sources, interpreted, checked and confirmed. Other additional and extended research is also typically required in civil cases.

 Many of the civil law cases in Florida involve a person having a problem with a larger organization. The person seeking compensation usually becomes the Plaintiff and whoever they are seeking damages from would become the Defendant. Under the law, if a Defendant is found guilty, they would legally be required to provide the Plaintiff with whatever damages are awarded by order of the court. It could be compensation for wrongdoing, medical expenses, retroactive pay, and more.

Civil cases can be difficult to prove and require hard working attorneys to deliver good results. Going to court against corporate funded legal defenses can be intimidating for some people. The attorneys at Fernandez Law Group are here to provide you with strong legal representation and work hard to guide you through your case. There are several other types of civil law cases that are common in Florida as well as the rest of the United States.

Family Law and domestic matters such as divorce, child custody, child support, visitation, and alimony are all Civil Law cases. Bankruptcy or issues with taxes including delinquency also fall under the blanket of Civil Law. And injuries in the workplace involving worker's compensation are also all part of Civil Law.

 Whether you need a Personal Injury Attorney in Tampa or a good Criminal Law Attorney or a Family Law Attorney in Florida, Fernandez Law Group has plenty of experience in all facets of law and can confidently handle any and all of your legal needs. If you're charged with an offense, our attorneys fight to protect your rights and work hard to achieve a fair outcome.

If you need to become a Plaintiff against a corporation in a Civil Law case, our attorneys are prepared to take whatever steps are necessary in fighting for your rights. We keep our clients completely informed of all of their options and any possible outcomes.

 We put the case together in a way that is designed to get you the best possible outcome. In addition, you will be advised of the risks and benefits of going to trial. Criminal lawyers play an important part in ensuring the criminal justice system remains fair and just. And Civil lawyers help protect your interests when a contract has been violated. Whether Criminal or Civil, Fernandez Law Group has the skills and experience necessary to handle your case properly. It is our job to make sure our clients' rights remain protected. At Fernandez Law Group, our Tampa attorneys have a lot of trial experience and are able to work effectively with prosecutors and judges to provide you the best defense possible.

Call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

 

Note to visitors: Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Aging foreclosures continue to linger in Florida courts

Foreclosures that are two years old and even older have continued to linger within the Florida court system.  As the struggle to continue pushing these cases forward has persisted, a steady backlog has grown.

Across Florida as of July 2014, there are approximately 55,800 foreclosures that are two years or older, with the total number of pending cases in Florida now exceeding 185,820.

According to data from the Florida State Courts Administrator, over 15,190 foreclosure cases are pending with over 5000 of them exceeding 730 days in the system in the 15th circuit alone. 

Meanwhile, we have seen a militant effort by the courts to push many of these cases through in the past year, with particular interest being paid to the cases that have aged the longest. Over 194,000 cases were disposed between July 2013 and April of 2014.

In Palm Beach’s 15th circuit, judges have been able to clear nearly 17,740 cases during that same time period.  To put that in perspective, nearly 377,710 foreclosures were pending within Florida courts just two years ago, with 32,980 of those coming from Palm Beach.

Part of the problem is due to the fact that in a foreclosure lawsuit, banks really aren’t interested in owning any more homes.  Meanwhile, homeowners don’t want to lose their properties. In most other lawsuits, a judgment is usually desired but with foreclosure, there are far too many variables to consider and negotiate.

While we are seeing a slight drop in the number of foreclosure cases being filed throughout Florida, there is a possibility these cases could begin to increase again once banks get adjusted to new regulations that were recently issued by the Consumer Financial Protection Bureau.

These new regulations have slowed down foreclosures as banks are only permitted to file a foreclosure when a person has been delinquent for 120 days or more.  And if there is a complete loan modification package in place and under review, the filing of a foreclosure proceeding can not commence.

The Fernandez Law Group understands the difficult choices a homeowner must make when faced with foreclosure. Our foreclosure defense attorneys will work directly with each lender to create options for homeowners who are or have fallen behind on their mortgage obligations.

Call us today for a free consultation at 813-489-3222.

Defending against Deficiency Judgment lawsuits resulting from foreclosures in Florida

 A deficiency judgment provides a way for banks or debt collection companies to go after the difference of what a homeowner still owes after an auction or sale of the property has concluded. Recent changes to Florida law have reduced the 5-year deadline for filing these suits down to just one year, which has caused a surge in deficiency judgment filings for 2014. These deficiency judgment suits often seek $100,000 or more from former homeowners. 

Florida residents who thought their foreclosure was behind them and have begun the process of starting over are being hit with these suits and dragged back into the foreclosure nightmare. And if judgment is ruled in favor of the Plaintiff, the collection methods can also be rather aggressive. Wages can be garnished, liens are being enforced and rights to investment properties have even been claimed in some cases.

Why has there been a sudden rise in banks and collection agencies filing deficiency judgment lawsuits?

Legislators believed that the economy was suffering as Florida residents were unsure whether or not they would be sued for a deficiency. As a result, Florida law was changed in 2014 by setting a one-year deadline to collect any unpaid debt resulting from a foreclosure. Lenders had not typically been very aggressive in going after homeowners for deficiency judgments as those who were foreclosed on often had few resources left, if any after losing their homes. And many of these lenders were already busy litigating foreclosure suits in the courts to invest more time into the deficiencies.

However, when faced with the prospect of losing the opportunity to collect on these deficiency judgments altogether, banks and lenders now had to act quickly in order to capitalize. July 1st, 2014 became the deadline for any bank who received a foreclosure judgment in their behalf prior to June 30th, 2013 to file a deficiency judgment suit. This gave the banks little time to act on all foreclosures that occurred prior to June 30th, 2013.

In order to save time and cut down on litigation and court costs, many of these deficiencies were sold to third party collection agencies, often for pennies on the dollar. Many of these agencies have been in business for years and specialize in this type of work. They are very quick and efficient in filing the deficiency judgment suits. Here in Florida, a Texas based debt collection company called Dyck O'Neal has been responsible for filing more than 300 cases in Broward County, 200 in Miami-Dade County and over 110 in Palm Beach County - all since June 1st!

What should I do if I've been served with a deficiency judgment lawsuit?

Do not ignore it! It is very important you do not ignore the deficiency judgment lawsuit! The collection agencies would rather see the suit be ignored instead of having to actually fight to prove the validity of their claims in court. If you fail to take legal action within 20 days of being served, the creditor or whoever brought the suit against you can move for a Default Judgment. Once that happens, wages can be garnished, vehicles can be repossessed, assets can be liquidated and money can be seized from bank accounts.

HOW CAN FERNANDEZ LAW GROUP HELP ME IF I'VE BEEN SERVED WITH A DEFICIENCY JUDGMENT LAWSUIT?

Although the surge in deficiency judgments is new this year, our foreclosure defense attorneys have had great success over the years with these lawsuits whenever we have had the opportunity to represent a client in their defense against them. We generally work towards getting the entire case against the homeowner completely dismissed, and there are a number of strategies and techniques we've used successfully over the years to achieve this result.

There are several ways to attack the lawsuit just by testing the legal sufficiency of the complaint. And in many cases, there are issues with the service of process which can lead to an easy dismissal. For example, if a homeowner was previously served by a vague and obscure publication, it could lead to a service of process defense.

Our foreclosure defense attorneys can help find mistakes that can lead to a quick dismissal of a deficiency judgment lawsuit.

Because the banks and debt collectors are working so quickly, we're also finding plenty of mistakes and reasons to disqualify whole lawsuits. Our attorneys have often found ourselves challenging the substantive nature of these complaints for a number of reasons. One of the common problems we've seen with these lawsuits is simply due to banks discharging or writing off the deficiency amount after the foreclosure judgment was entered against a homeowner.

When this happens, the banks have already received a tax credit for the deficiency by the IRS, which often invalidates any future claims they are allowed to make regarding that deficient amount. In other cases, we've seen instances where deficiency waivers obtained by homeowners have been overlooked and we have helped many clients get these lawsuits dropped as a result of those waivers. Jurisdiction of the court is another challenge that can be raised in many cases.

In most cases, our attorneys have been able to defend against these deficiency judgments by settling them completely or having the amount drastically reduced.

One way we achieve this is by disputing the comps banks use during their appraisal process which is clearly one-sided. Homeowners always have the right to dispute these figures and we've seen plenty of reasons why these appraisals should be questioned in the first place. There are many other ways our firm will work on your behalf to dismiss these lawsuits during the initial complaint stage of the process and beyond with more very unique and technical strategies customized for each and every specific need a client may have.

We have multiple ways we can attack and defend against these suits and we find there is always plenty of room for negotiation. Did the lender file the original note within five days after the hearing? If not, this could also be made into an issue and raised as a challenge. If a potential judgment amount was miscalculated or the bank failed to act with diligence in pursuing insurance claims to offset losses that could have reduced the amount owed, those issues could also be used as a defense.

There are also consumer protection laws in place regarding efforts to collect the debt, and whether or not they are abusive and unlawful. The Fair Debt Collection Practices Act is a good reference and guide to what debt collectors and agencies must adhere to when attempting to collect a debt.

Our attorneys also provide advice and guidance to help protect assets and rights to anyone served with a deficiency judgment lawsuit.

An attorney will also be able to provide you with advice regarding what someone is and is not allowed to do after being served with a deficiency lawsuit, along with some input and guidance to help protect assets and rights. Although any checking or savings account may be subject to wage garnishments, there are other alternatives for safely protecting assets such as a 401k, an IRA, homestead, annuities, life insurance and Florida Pre-Paid Tuition. Remember, if you've been served with a lawsuit seeking a deficiency judgment claim, you have less than 20 days to act or a default judgment could be issued against you.

Call us today at 813-489-3222 to get started in defending your deficiency judgment suit right away and get a FREE consultation.

Additional Foreclosure Defense Information:

• Defending against Deficiency Judgment lawsuits resulting from foreclosures
• HB 87 and how it affects Florida homeowners facing foreclosure
• How to prepare for your consultation with a foreclosure defense attorney
• Florida Foreclosure Rates Top the Nation for 2012 - How can Fernandez Law Group help me with my Foreclosure?
• Reasons why you should hire a Foreclosure Defense Attorney
• Understanding the elements of Foreclosure Defense
• Using Bankruptcy as a form of Foreclosure Defense
• Lack of Jurisdiction and Insufficiency of Service in Foreclosure Defense

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// //   Content authored by Gaston Fernandez

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Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa. Fernandez Law Group also provides Tampa Personal Injury Attorneys, Criminal Defense Attorneys in Tampa, and Family Law Attorneys in Tampa and you can visit our lawfirm's main website at http://www.thefernandezlawgroup.com/

What to do (and not to do) if you're in an accident involving Personal Injury:

What you should do immediately after an accident involving personal injury:

If you have been injured in an accident you believe was caused by the negligence of another, here are some things you SHOULD do, beginning immediately: Seek Immediate Medical Attention:

Even if you feel okay initially, some accidents may not initially reveal your injuries or symptoms. It is important to seek medical attention immediately to ensure there aren't any hidden issues or internal injuries that could become worse if unchecked.

Contact a Lawyer:

If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer. The Fernandez Law Group promises to give every client the best legal representation and obtain the maximum compensation each client deserves. No matter how hard the fight. Call us by phone at 813-489-3222 or reach us online through our quick contact form, email or our live chat feature, and our we will be happy to discuss your situation and the possibility of bringing legal action against those who are responsible for your injuries.

Consultations are always FREE and there are no costs or fees unless we obtain a settlement for you.

Call your insurance agent:

Whether you are the one at fault for the accident or not, you should contact your insurance agent as soon as possible and notify them of the incident. However, any statements, notes, or additional information requested by your agent or any other agents should only be done at the discretion of your attorney.

Keep Everything:

Get a large envelope or file folder and begin keeping, in one place, everything that is potentially related to your accident or case. Save photographs of the accident or scene, photographs of the injured party before and after the accident, letters, bills, receipts, cancelled checks, insurance policies, police reports, notes, and other documents that might be helpful in proving how the accident happened and, just as importantly, the nature and extent of your injuries.

Record Questions:

Get a large notebook pad and begin writing down the questions you want to ask your lawyer the next time you meet with him or her. Also write down any additional facts you have forgotten to include in previous interviews.

Begin your diary or taking notes:

As time passes memories become blurred. Sit down now and write down the circumstances surrounding the accident. Add a the important events that have occurred since the accident. You should try to include as much detail as possible.

List Witnesses:

Every time an important event occurs that is witnessed by someone else, make a note of that person's name, address, and phone number. Also, keep a list of the employees or supervisors at work who can testify as to the amount of your earning loss. If you learn of the existence of any witness to the accident, advise your attorney immediately. The documents, notes, and lists that you collect above will be exceedingly helpful to your attorney as he or she begins to represent you and advocate on your behalf. As your case progresses toward settlement, mediation, or trial, your attorney will work with you on additional tasks and preparation.

Take photographs:

Photographs go a long way towards ensuring you have solid evidence and documentation to support any personal injury claims. If possible, take photos of your injuries, or have a friend or family member assist if necessary. Some injuries heal sooner than others, so it is important to begin your photo documentation as soon as possible, and also include daily progress pics. Any photos you can gather from the scene of the accident may also be useful.

Get a copy of the police report if possible

If the police show up at the scene of the accident, you're going to want to g request a copy of the police report so you can go over it and make sure all facts regarding the accident are true and correct. If there are any omissions, errors, or inaccuracies in the police report, it could delay or hinder the success of your claim. In Tampa, you can get copies of police reports within 60 days of the incident by visiting the Tampa Police Department at 411 N. Franklin St., Tampa, FL 33602 - (813) 276-3250. You will be required to present:

• Current photo identification
• Proof of exempt status

  (records are confidential to general public for 60 days - exemption means you were involved in the crash, are an agent, attorney, or authorized representative)

• A sworn statement that the crash report obtained will not be used for any commercial solicitation prior to the expiration of the 60 days.

Reports that have exceeded the 60-day period from time of the incident can be ordered online.

What NOT to do after an accident involving personal injury:

1. DO NOT admit fault.

Even if you believe you may have been at least partially to blame for the accident, you should not admit wrongdoing or negligence to anyone. This includes the other party, the authorities, any witnesses, insurance agents, passengers, friends and/or family. Any statements made or information provided should be made at the discretion of your attorney. When you hire an attorney, you can count on them to make sure your rights are protected. And if the accident is serious and you may be responsible, it is very important to obtain legal counsel as soon as possible, before you do anything else.

2. DO NOT give a written or oral statement to any person who contacts you about the accident or your case.

Instead, refer them to your attorney (or advise them that you are currently obtaining one) then let your attorney know the name, address, and phone number of the person who contacted you.

DO NOT throw anything away.

DO NOT get discouraged. We are here to help.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

Call us today at 813-489-3222 for a FREE consultation.

Content authored by Frank Fernandez

Note to visitors: Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Different types of loan modifications explained

If you're looking to modify the original terms of your loan agreement with your lender, then a loan modification is a viable option for Florida homeowners who are current, past due, in default or already in foreclosure. There are several different types of loan modifications available and in this section of our website, we'll go over them.

HAMP: Home Affordable Mortgage Program:

HAMP was designed to make homes affordable to anyone who was struggling to make their monthly loan payments by enabling them to modify the original terms of the loan, usually with a lower interest rate or a longer payment term. HAMP does require a trial period, meaning a borrower must make payments for three months under the trial period in order to make the modification permanent. Some of these restructuring programs can be of great benefit to the homeowner while also helping to minimize increasing defaults. Unfortunately, statistics show that HAMP has not performed as well as anticipated:

• Over 1.5 million trial periods were cancelled as of October 2010. Cancellations occur when a borrower defaults on the new terms, if the borrower was ineligible, or if the appropriate documents were not received.
• As a result, nearly half of all cancelled trial loans were modified through a private lender instead, however, long-term results from these types of private lender are somewhat controversial. In these situations, the lender programs tend to have increasingly adjusted payment rates which will reflect a short term savings, however this comes at the expense of a longer term debt and quite often additional fees and other expenses may be added to the basis of the loan.
• There has been a consistent backlog of delinquent mortgages in need of attention, and the backlog continues to increase.

Effective June 1, 2012, the Obama Administration expanded the population of homeowners that may be eligible for HAMP in an effort to continue providing solutions to the housing crisis. * HAMP was set to expire December 2013 but has now been extended through December 31, 2015.

How do I know if I am eligible for HAMP under the new guidelines?

• If you are a homeowner who is applying for a modification on a home that is not your primary residence, but the property is currently rented or you intend to rent it
• If you are a homeowner who did not previously qualify for HAMP because your debt-to-income ratio was 31% or lower.
• If you are a homeowner who previously received a HAMP trial plan but defaulted in your trial payments
• If you are a homeowner who previously received a HAMP permanent modification but defaulted in your payments and lost good standing.

HARP: Home Affordable Refinance Program:

HARP was created by the U.S. federal government in an effort to assist homeowners who are current on their mortgage, but are unable to refinance on their loan due to a decrease in the property value, leaving them "underwater". This program is also intended to help homeowners who are in an exotic or adjustable rate mortgage or those who are facing an increase in their monthly payments. If you have no income and cannot make any mortgage payment, you will not qualify for assistance through HARP.

How do I know if I am eligible for HARP?

There are three basic requirements in order for you to be eligible for HARP:

1. You must own a one to four unit home.
2. Your mortgage loan must be owned or guaranteed by Fannie Mae or Freddie Mac- you can visit the loan lookup tools at Freddie Mac or Fannie Mae to check.
3. The mortgage must have been sold to Fannie Mae or Freddie Mac on or before May 31, 2009.
4. You must be current on your mortgage payments.- current means you have No Late Payments reported on your credit report in the last 12 months.
5. The current loan to value (LTV) ratio must be greater than 80%.
6. The mortgage cannot have been refinanced under HARP previously unless its a Fannie Mae loan that was refinanced under HARP from March-May 2009.

HAFA: Home Affordable Foreclosure Alternatives

If you can no longer afford your home but wish to avoid the negative effects a foreclosure proceeding can have, then HAFA might be right for you. HAFA was designed to offer homeowners, their mortgage servicers and investors an incentive for completing a short sale or deed-in-lieu of foreclosure. With HAFA, homeowners are given options to help them leave their home and transition into more affordable housing while alleviating the mortgage debt they owe.

Benefits of HAFA that make the transition as favorable as possible:

• Receive free advice from HUD-approved housing counselors or licensed real estate professionals.
• Unlike a conventional short sale, a HAFA short sale will completely release you from your mortgage debt after the property is sold, meaning you will not be held responsible for the amount that falls "short" of the amount you still owe. The servicer guarantees to waive the deficiency.
• The mortgage company works with you to determine an acceptable sale price.
• The HAFA program is easier on your credit score than a conventional short sale or foreclosure.
• HAFA may provide up to $3,000 for relocation assistance for those who qualify at time of closing.

How do I qualify for HAFA?

1. If you have a documented financial hardship.
2. If you have not purchased a new home within the last 12 months.
3. If you do not qualify for a trial mortgage modification under HAMP.
4. Your first mortgage must be less than $729,750.
5. Your mortgage was obtained on or before January 1, 2009.
6. You must not have been convicted within the last 10 years of felony larceny, theft, fraud, forgery, money laundering or tax evasion in connection with a mortgage or real estate transaction.
7. If you were under a trial mortgage modification under HAMP and failed to complete the trial period.
8. If you missed at least two consecutive payments during your modification period.
9. If you request a short sale or deed-in-lieu of foreclosure.

The HAFA program is available for mortgages that are owned or guaranteed by Fannie Mae and Freddie Mac or if the mortgage is serviced by one of over 100 HAMP participating mortgage servicers.

Other types of Loan Modification programs:

Due to the increasing number of people facing foreclosure and in an effort to attempt to help more homeowners avoid foreclosure, Fannie Mae and the U.S. government have created a few additional add-on programs to HAMP which include Alt Mod, Mod 24 and 2MP. Both Alt Mod and Mod 24 lower the borrower's mortgage ratio (the ratio is the monthly mortgage payment divided by monthly income) and consider other financial criteria to qualify applicants. The 2MP program is specifically for borrowers who have a second mortgage and are also in the HAMP program in order to allow the payment on the second mortgage to be adjusted lower as well.

HHF: Hardest Hit Fund:

Additional government dollars have been put into work by the Obama Administration in states that have been the hardest hit by foreclosures and property devaluations. The intention is for the money to go to helping families who are ineligible for HAMP in order to avoid foreclosure in states such as Florida - as well as Arizona, California, Nevada and Michigan. The program has undergone an expansion over the years since inception and additional states have been included while over $7 billion dollars have been budgeted already. For more information on the Hardest Hit Fund, you can call us today for a free consultation or visit FinancialStability.gov for more.

EHLP: Emergency Homeowners Loan Program:

Designed to complement the HHH (Hardest Hit Fund) by providing assistance to homeowners who are located in hard hit local areas that may not be included in the hardest hit target states, EHLP has become an option to help those people as well. Offering a zero percent interest, non-recourse, subordinate loans for up to $50,000, EHLP will assist eligible borrowers with payments on their mortgage principal, interest, mortgage insurance, taxes and hazard insurance for up to 24 months or 2 years.

How do I become eligible for EHLP?

• You must be a homeowner who is at least 3 months behind in your payments and you must also have a reasonable likelihood of being able to resume repayment of your mortgage payments and any other related housing expenses within 24 months or 2 years.
• As a homeowner, the property must also be your principal residence, and to be eligible you are not permitted to own a second home.
• You must also be able to provide evidence or a good payment record prior to the event which resulted in a reduction of income.

2013 Streamlined Loan Modification Program

On March 27, 2013 the Federal Housing Finance Agency announced a New Streamlined Modification Initiative in a news release which is designed to help further minimize losses while also helping troubled borrowers with yet another option to help them avoid foreclosure and stay in their homes. The program isn't scheduled to begin until July 1, 2013. Once that date passes, servicers will be required to offer eligible borrowers who are at least 90 days delinquent on their mortgage an easy way to lower their monthly payments and modify their mortgage without requiring any financial or hardship documentation. Administrative barriers once associated with document collection and evaluation can now be eliminated with the new Streamlined Modification Initiative. Borrowers who are eligible to participate will be required to demonstrate an ability and willingness to pay by making just three trial payments in a row on time. After that occurs, the mortgage will be permanently modified. Additional benefits may be awarded to homeowners who continue to work with their servicer and homeowners are encouraged to do so in order to evaluate all available options to prevent foreclosure. Regardless of what your situation is, if you're facing difficulties maintaining your mortgage payments and you need assistance to avoid foreclosure in Florida, the attorneys at Fernandez Law Group can help guide you through the loan modification process as well as provide education and assistance to help you with other options including short sales and other foreclosure defense remedies.

Call us today at 813-489-3222 for a FREE consultation.

Additional information about Loan Modifications:

• Reasons why you should hire a Loan Modification Attorney
• Different Types of Loan Modification programs explained
• 2013 Streamlined Modification Initiative
• Streamlined Modification Initiative Frequently Asked Questions
• Loan modification terminology explained
• Conditions that qualify as a Hardship for Loan Modifications
• How to write a Hardship Letter for Loan Modifications
• HAMP (Home Affordable Modification Program) extended through December 31, 2015

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// //   Content authored by Gaston Fernandez

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Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa. Fernandez Law Group also provides Tampa Personal Injury Attorneys, Criminal Defense Attorneys in Tampa, and Family Law Attorneys in Tampa and you can visit our lawfirm's main website at http://www.thefernandezlawgroup.com/