Florida Criminal Defense Attorney

Cases/clients I am not taking

2009-05-26T11:39:00.000-07:00

When I hear that we live in a litigious society it is sometimes hard to raise the argument against that statement when you read that the Guinness Book of World Records has a new record for the worlds most litigious man.
http://www.abcnews.go.com/Business/LegalCenter/story?id=7677327&page=1
As ABC news reports, that man has now sued the Guinness Book of World Records. (I say "that man" for the fear he might sue me if I write his name.)
While I take serious accident cases, I will not sue the Guinness Book of World Records. Besides how can you sue the company who diligently reports every year the worlds fattest twins.

Why Unisured Motorist Coverage is so important.

2009-01-22T13:04:00.000-08:00

As most of us in Florida realize, Florida has terrible drivers. Not only does Florida have terrible drivers, Florida has one of the highest rates of uninsured drivers in the country. A recent article in the Tampa Tribune states that Florida has the fifth highest uninsured driver estimate, and with a struggling economy, the amount of uninsured drivers could go higher.
http://www2.tbo.com/content/2009/jan/22/florida-has-more-uninsured-drivers-most-states/
What does this mean to you? If you get into an accident, your vehicle repair may not be covered by the other driver. More importantly, if you are injured, you injuries, lost time from work, or other benefits may not be covered by the other driver.
What to do? Cover yourself. Call your insurance agent and request Uninsured/Underinsured motorist coverage. The small amount you pay a month could mean thousands of dollars of coverage later.

Full Coverage or Full of it

2008-11-11T07:37:00.000-08:00

With drivers talking on cell phones, texting, or watching DVD's the road is a very dangerous place. It is ever so important to make sure you have the proper insurance coverage for your vehicles. A common misconception I hear from clients is "I have full coverage". When I ask what do you mean by "full coverage," I rarely get the answer that is important. Rather, I hear my agent said I have full coverage. Usually meaning what the law requires.
Lets examine what is required by the law of Florida. The law requires you to have $10,000.00 in Property Damage (PD) coverage and $10,000.00 in Personal Injury Protection (PIP) coverage. The law does not require you to maintain Bodily Injury coverage. What this means is that many drivers in Florida are driving without coverage to protect YOU. If someone without BI insurance hits your vehicle, you may not get compensated for your injuries unless you have Uninsured/Underinsured Motorist Protection (UM).
So next time someone tells you that you will have full coverage, see if they are selling you PD, PIP, UM and BI, if they are not, they're full coverage is full of it.
Do yourself a favor, if you are going to drive at all, get full coverage PD, PIP, BI and UM. Get as much as you can afford. In the tragic event you have to use your PIP and UM coverage, you will be glad you have it.

Driver License Nightmares

2008-10-22T11:53:00.000-07:00

Lately, I have been meeting with new clients that have had their license suspended, canceled, or revoked. Some of these clients were suspended for tickets they received in other states. Once your license is suspended it can be difficult to get it back. Here are some helpful tips to get you back on track and back on the road.
1. Obey all traffic rules. OK, this may sound obvious, but you are less likely to lose your license if you don't have any tickets.
2. If you get a ticket, no matter what kind of ticket, consult a lawyer who regularly handles traffic tickets. If you just pay the fine you could have points added to your license. Too many points can lead to your license being suspended. In many instances even if you are guilty an experienced lawyer may be able to get the case dismissed or resolved without points.
3. If you get a fine on a traffic citation, pay the fine before it is due. If the fine is not paid, the DMV will suspend your license.
4. If you know your license is suspended do not drive on it. If you get pulled over while your license is suspended you will be charged with a crime and could be taken to jail.
5. If you are charged with a DWLS (driving while license suspended) do not plea it out without consulting an experienced attorney. In Florida if you have 3 DWLS (withold of adjudication or adjudication) you will be deemed a habitual traffic offender and will have your license revoked for 5 years.
If you have any questions please leave a post. Good luck and safe driving.

Clever Alternatives to Trial

2008-10-16T13:20:00.000-07:00

In my last two posts, I have been jokingly suggesting that trials should be disputed in the Octagon and not in the Courts. The truth is that sometimes there are alternatives to having criminal trial. Pre-trial Diversion can be an excellent way to resolve any messy entanglements with the law. Usually offered to first time offenders, pre-trial diversion lets you control the case. These diversion programs usually have a probation component including community service hours. The upside to doing these programs, if you successfully complete the program your case will be dismissed.
If you are charged with a crime and its a first offense, inquire about diversion program. It may be the only way to guarantee a dismissal in your case.

HEY ITS A POST UPDATE

2008-09-17T11:33:00.001-07:00

In my last post, we saw how the UFC went from the Cage to the Courtroom. Well I am glad to say, they are back to doing what they do best. Fightn!!! UFC and Randy Couture came to an agreement outside the courthouse in which Courture will retain his UFC championship and will fight for the UFC again. In his next bout he will be taking on former WWE Superstar Brock Lesner. This battle will be quicker and more profitable than any court case.
I just wish more cases could settle this way....a PPV fight in Vegas.

UFC TAKES FIGHT FROM OCTAGON TO COURTROOM

2008-08-07T11:02:00.000-07:00

In an effort to stop the unstoppable Randy "the Natural" Couture, the UFC fought back in the State of Texas where IU alumni Mark Cuban on behalf of his HDNet fight promotion filed a declaratory action to determine the status of the Natural's contract. In the first round of this fight HDNet scored big defeating UFC's motion to stay or dismiss the complaint as it should be heard in Nevada. Just last week, UFC countered when the Texas Court of Appeals held that case should be stayed and Arbitration should happen in Nevada where the UFC has a pending breach of contract case against Couture.

Who is the real winner here... No one. Everyone wants to see Couture fight the mythical Fedor, and this certainly will not happen with pending litigation. Unfortunately by the time the lawsuit will be resolved both fighters will have a combined age of 100.

MySpace wins record judgment. Whoopee!!!

2008-05-14T11:37:00.000-07:00

On Tuesday, MySpace won a $230,000.00 judgment against two spammers for violating the "Can-Spam Act." The judgment is about as void of substance as the webpage who won it.

This leads me to an issue I see often in my business. What good is a $230,000.00 judgment from someone who is uncollectable? In this case, it makes good publicity. Hopefully it will cut down on spamming. MySpace in the meantime should try to put the spammers on a payment plan. I suggest $10 a week until paid in full...plus interest of course.

Read all about it here:
http://www.vnunet.com/vnunet/news/2216613/myspace-spammers-record-fine

Reliability Liability

2008-04-16T12:51:00.000-07:00

I had an opportunity to watch a CNN news clip wherein they examined the reliability of Wikipedia. If you are unfamiliar with Wikipdeia, its like the good ol'fashion encyclopedia Britanica brought to your computer. The differences are there are no annoying commercials with that blond kid, and it is created by anybody who wants to contribute. The sole requirement is you must cite a source.
The piece deals with the unreliability of the sources and its use to defame figures and facts. This begs the question, who is reliable when facts are posted that are wrong, or people are defamed?
The answer is anyone is who is slandering someone is liable for defamation. The line gets blurry however when facts are simply misstated without any ill will.
Whats the solution? Wikipedia takes the matters into its own hands. (see video).
Your best bet when you search Wikipedia is look somewhere to check your facts. Also, don't rely on that as a credible new source.
Check out the video here: http://www.cnn.com/video/?/video/politics/2008/04/13/foreman.wiki.wars.cnn

Technology

2008-04-07T13:37:00.000-07:00

For any of you trying to reach me today, my phones are down. What does this mean? I don't have the slightest idea. I have talked to the administrator for my office they have no idea why the phone system is not working. Technology. Should you need to reach me for an emergency, email me at mkonecky@bellsouth.net.
I hope this is temporary.

Matt

Iverson can't behave off the court either.

2008-03-28T10:59:00.000-07:00

I am no expert on basket ball. I haven't followed it since the Bulls dominated the 90's. I do know this: Allan Iverson can't behave anywhere. In Godfrey v. Iverson, Godfrey was awarded $260,000.00 after he was attacked by Iverson's security and Iverson himself.
Evidence showed that Godfey was a patron in the VIP section of a nightclub when Iverson's crew demanded for everyone to leave the area. Godfrey refused and the attack began. It was alleged Iverson hit Godfrey with a bottle.
One wonders whether Godfrey should have included the nightclub for having the audacity to charge $400.00 for a bottle in the VIP.

Election Day

2008-01-29T13:46:00.000-08:00

It's election day here in Florida. I hope everyone has had an opportunity to vote. It is a great privilege so take advantage of it.