Welcome to Edgar J. Guzman Law Group

Legal Questions

Personal Injury

Motor Vehicle Accident: What should I do?
I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?
What type of insurance is required to purchase and maintain a Florida tag and registration?
What is "Personal Injury Protection" insurance (PIP)?
What is the Deductible on my PIP?
What is Medical Payments Coverage?
Can I Collect Lost Wages if I have Been Injured in an Automobile Accident?
What is " Bodily Injury Liability" insurance?
What is "Property Damage Liability" insurance?
What is Uninsured/Underinsured Motorist Coverage?
Can I maintain my current policy issued in my previous state of residence?
What if I fail to keep insurance on my vehicle that I’ve registered in Florida?
I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?
I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?
If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for working purposes?

Real Estate

Personal Injury

Motor Vehicle Accident: What should I do ?

NEVER LEAVE THE SCENE OF THE ACCIDENT

Never leave the scene of an accident because this constitutes a serious offense in Florida.

DO NOT MOVE YOUR CAR

If there are any disputes over the way the collision occurred, placement of the vehicles will often times assist the police and others in reconstructing the accident to determine exactly what happened. This is very important especially if you believe that you were not at-fault for the accident.
If you have a camera in your car, take pictures of the damage to the vehicles, and the position of the vehicles.

CALL EMERGENCY RESPONSE TO REQUEST POLICE AND MEDICAL ASSISTANCE

Exchange the necessary information with the other driver, (i.e. contact and insurance information). Never allow the other driver to leave the scene without first obtaining their information or their license plate.
Try to remember the police department that investigates the collision (i.e. City Police, County Sheriff or State Patrol) so that we can contact them to request the police report.
Provide all information necessary. Be as clear and concise as possible. Provide only the facts as you know them. Resist the urge to apologize for the accident (for example, "I'm so clumsy", or "it probably was my fault.") Any statement you make can be used against you by insurance companies and their attorneys to defeat your claim for compensation. Don't sign any document admitting fault.

GET MEDICAL ATTENTION

In almost every collision, there has been some trauma caused to your body. If an ambulance is offered, it is always best to go to the emergency room to be examined to ensure there are not any hidden or internal injuries. Many times, adrenaline or shock will cover your symptoms that later appear and injuries can by lessened if they are treated right away.
The emergency room doctors will also give you advice regarding follow up care.

PRESERVE ALL EVIDENCE

Make notes of everything said to you and on all details including weather, condition of accident location, etc. As soon as you are able to, write down the details of the accident.
Take the name, address and telephone number of any potential witness and save this information someplace where it will not be lost. Do not give their names to anyone but the police, your attorney or your insurance company.

DO NOT SPEAK WITH ANY INSURANCE COMPANY BEFORE FIRST CALLING US

Speaking to an insurance company before consulting with us can damage your case. You could very well end up saying something that could cause you to lose your rights. Remember that insurance company adjusters are trained in asking questions that may illicit incriminating responses.

I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?

Yes. If you own a vehiclein Florida with at least four wheels and are registering it, you must have insurance.

What type of insurance is required to purchase and maintain a Florida tag and registration?

You must have Florida coverage of $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida tag, even if the vehicle is in another state or inoperative. There are no exemptions in the law.

What is "Personal Injury Protection" insurance (PIP)?

PIP is coverage that will compensate a loss due to injury regardless of who is charged with causing the crash. This is why PIP insurance is also known as “no-fault insurance". PIP applies to bodily injury to you, relatives who live in your home and passengers who are not required to have PIP, as well as licensed drivers who drive your vehicle with your permission. PIP insurance also protects you if you are injured as a pedestrian or bicyclist as long as the injury is caused by an accident involving a motor vehicle. Regardless of who was at fault in causing the accident, your medical bills and lost wages must be first submitted to your own insurance company. Under Florida law, PIP insurance must pay 80% of your medical expenses and/or 60% of your lost wages. PIP also covers a percentage of other expenses such as lawn maintenance or housekeeping necessitated by injuries caused in a motor vehicle accident and also reimburses mileage expenses for travel associated with medical care treatment.

What is the Deductible on my PIP?

Since Florida law requires PIP insurance on any operational automobile, sometimes we have to resort to purchasing PIP insurance that contains a deductible. The standard deductible on PIP policies is $1,000.00. What this means is that PIP will activate once the $1,000.00 deductible has been met. Under Florida law, if you elect to purchase a deductible, you are responsible for that deductible amount. As such, if you are injured by the negligence of someone else you will not be entitled to recover the your deductible from the negligent driver.

What is Medical Payments Coverage?

Since PIP only covers 80% of your medical bills, many people elect to purchase additional coverage that supplements PIP insurance and pays the additional 20% of the medical bills not covered under your PIP policy.

Can I Collect Lost Wages if I have Been Injured in an Automobile Accident?

Your PIP coverage will also cover 60% of your lost wages if you are hurt as long as you have proof from your doctor that you are unable to work and you also complete a “Wage & Salary Verification Form” by your employer before your lost wages will be paid. It usually takes thirty (30) days to receive your lost wages once you provide your insurance company with said information. The negligent driver responsible for the accident will also be responsible for the remaining 40% of your lost wages unpaid by PIP once your cases closes.

What is " Bodily Injury Liability" insurance?

Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause an accident involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.

What is "Property Damage Liability" insurance?

This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

What is Uninsured/Underinsured Motorist Coverage?

Uninsured Motorist coverage protects the policy holder from personal injury damages suffered as a result of the negligence of another motorist that either does not have any bodily injury insurance coverage or has insufficient bodily injury liability coverage to compensate the injured party for their damages. Florida law does not require bodily injury liability protection thereby many drivers operating vehicles in Florida do not have any bodily injury coverage. Therefore, if you do not carry UM coverage and you so happen to be injured in an accident caused by someone that does not carry bodily injury coverage, you will will not be able to recover any damages for your injuries other than medical expenses and lost wages, regardless of how severe your injuries may be. This is the reason why it is very important for you to purchase UM coverage.

Can I maintain my current policy issued in my previous state of residence?

No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.

What if I fail to keep insurance on my vehicle that I’ve registered in Florida?

The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle tag and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?

Yes. Any vehicle holding a valid Florida tag and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your tag and registration at the nearest driver license or tag office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.

I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?

Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.

If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for working purposes?

No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.

Real Estate

What questions should I ask when looking at homes ?

Many of your questions should focus on potential problems and maintenance issues. Does anything need to be replaced? What things require ongoing maintenance (e.g., paint, roof, HVAC, appliances, carpet)? Also ask about the house and neighborhood, focusing on quality of life issues. Be sure the seller's or real estate agent's answers are clear and complete. Ask questions until you understand all of the information they've given. Making a list of questions ahead of time will help you organize your thoughts and arrange all of the information you receive.

What is a purchase offer ?

A purchase offer or agreement contains all the details of the offer to purchase a piece of property. An agreement is binding only once the document has been agreed to and signed by the buyer and seller. Often in the purchase of real estate, there are a number of offers and counter offers until an agreement is reached.
Items and conditions that are often included in the purchase offer include:

Description, legal and common, of the property
Purchase price
Earnest money deposit
Features and fixtures which are to remain
Home inspection results
Anticipated financing
Closing date
Final inspection and move-in condition
Penalties for breaching the contract
Time to accept the offer
Obtaining clear title to the property
Clean inspection report

Why is a deed required ?

A deed transfers ownership of property from one owner to the next and are required in the State of Florida in order to accomplish the same. Deeds must include all the statutory requirements in order to be effective. Additionally, deeds must be recorded in the county where the property is owned. There are several forms of deeds, however, these two forms are the most commonly used:

Full covenant and warranty deed – which guarantees no other person owns or has claims against the property;
Quit claim deed – transfers interest in a piece of property from one owner to the next. A quit claim deed provides no guarantee from other interests or claims.

Do I need a written lease or rental agreement ?

The lease or rental agreement is the key document of the tenancy, and must always be in writing. These agreements set out important issues such as:

the length of the tenancy
the amount of rent and deposits the tenant must pay
the number of people who can live on the rental property
who pays for utilities
whether the tenant may have pets
whether the tenant may sublet the property and
the landlord's access to the rental property.

What's the difference between a rental agreement and a lease?

There are many legal differences, however, a rental agreement provides for a tenancy of a short period (often 30 days) that is automatically renewed at the end of the period unless the tenant or landlord ends it by giving written notice. For these month-to-month rentals, the landlord can change the terms of the agreement with proper written notice.

A written lease, on the other hand, gives a renter a property interest and a right to occupy a rental unit for a set term -- most often for seven months or a year but often even longer -- if the tenant pays the rent and complies with other lease provisions. The landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the tenant agrees. Unlike a rental agreement, when a lease expires it does not usually automatically renew itself. A tenant who stays on with the landlord's consent after a lease ends becomes a month-to-month tenant, subject to the rental terms that were in the lease.

How can the tenant terminate the legal obligations of the lease?

There are three ways for the tenant to get out of the rental obligation: termination for legal misconduct by the landlord, replacement in the premises by a new tenant, or agreement between the landlord and tenant.

If the tenant moves out before the expiration of the lease, is the lease terminated?

No. The lease does not terminate just because the tenant moves out. The lease is a contract in which the tenant promises to pay the landlord for the right to possess the premises whether the tenant actually lives there or not.

Is the lease cancelled because the landlord sells the building or dies?

Most standard lease forms contain a paragraph on heirs and successors. This paragraph provides that the lease does not expire upon the sale of the building or the death of the tenant. If the tenant dies during the term of the lease, the tenant's estate will continue to owe the rent until legally released; it will also have the right to occupy the premises.

Can the tenant stay after the expiration of the lease?

A tenant who stays after the expiration of the lease is called a tenant at sufferance. The landlord can sue for eviction or can choose to continue accepting rent, thus renewing the lease. The renewal will be on a month-to-month basis or for another year, depending on the terms of the lease and the provisions of the law. Moreover, a provision of the lease or a statute may give the landlord the right to charge double the current rent during the withholding period.

Immigration Law

Why do I need an Immigration Attorney?

United States immigration law deals with complicated laws and procedures that require the assistance of an experienced attorney that will help you prepare all legal documents for filing with the Citizenship Immigration services (CIS), Department of Labor (DOL), and Department of State (DOS), along with correct filing fees, at the correct office of these agencies. Moreover, an immigration attorney will keep you informed with regard to changes in U.S. immigration law and procedures that could affect your case as it makes its way through the federal system and ultimately stand ready to appeal an adverse decision, denying your petition or application, if necessary, and advise you on what to do next and how to get what you want.

What is a United States Citizen?

A person can become a U.S. citizen through birth in the United States or its territories; through parents or grandparents who are citizens; or through the naturalization process (after applying for citizenship and passing the citizenship exam). Citizens cannot have their status taken away except for certain extraordinary reasons.

What is an Immigrant?

An immigrant is any person who is not a citizen of the United States and who lives in the country under lawfully recognized and legally recorded permanent residency documents. An immigrant is also known as a Permanent Resident Alien (i.e. Green Card Holder). Everyone else is called a nonimmigrant, even if they are in the United States. It is also called Permanent Resident Alien, Resident Alien Permit Holder, and Green Card Holder.

What is a Nonimmigrant?

A foreigner who enters the United States temporarily with only a short-term intent to stay is considered a nonimmigrant. A nonimmigrant must fulfill two requirements: a permanent residence overseas and actual qualification for the nonimmigrant classification (i.e. students, international representatives, temporary workers and trainees, exchange visitors, NATO officials, religious workers, etc.).

What is a Green Card?

A Green Card, officially known as a Permanent Resident Card (Form I-151 or Form I-551) is evidence of lawful permanent resident status in the United States. It allows a foreign national to live, work legally, travel abroad and return to the United States. However, this status can be taken away for certain reasons, such as having committed a crime or made one's home outside the United States. Green Card holders may also apply for U.S. citizenship after a certain period of time.

What is a Visa?

A United States visa grants the holder the right to apply for entry to the United States, but does not grant the visa holder the right to enter the United States. Entry can be refused at the port of entry. The Department of State (DOS) is in charge of visa administration at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), Bureau of Customs and Border Protection (BCBP) immigration inspectors decide admittance, duration of stay and conditions in the U.S. at a port of entry. DHS immigration inspectors will record the terms of your admission on your I-94 or I-94W and in your passport upon approval of entry. An immigrant visa gives someone the right to enter the United States permanently; a nonimmigrant visa gives them the right to enter for a short-term temporary stay. Physically, the visa usually appears as a stamp in the applicant's passport, given by a U.S. consulate overseas.

I was provided a document that states “Notice to Appear” on the top, what is this document?

The Department of Homeland Security initiates removal proceedings when it believes that the individual is in violation of immigration laws. The document it provides to the individual is known as the Notice to Appear. This document is provided to the individual and also filed with the Immigration Court. The information found on the document informs the individual of the nature of the proceedings; the alleged acts that violated the laws; and the consequences for failing to appear at the scheduled hearings.

What are Removal Hearings?

These are hearings before an immigration judge who will determine whether the individual is subject to removal from the country. The immigration judge will determine if the individual is inadmissible, deportable, or eligible for relief.

If I have been detained by immigration officials, may I seek release from detention?

Depending on the alleged acts that violated the immigration laws, certain individuals facing removal before an immigration judge may seek to be released on bond or on their own recognizance. For serious violations the individuals will not be allowed to obtain bond and will face mandatory detention until the proceedings have been completed.

What if I missed my scheduled hearing?

If an individual misses a scheduled hearing, the immigration judge will order them “removed in absentia” (without the person present). If an individual knows they cannot make it to the scheduled date, they must contact the Immigration Court to notify the immigration judge. Individuals ordered removed in absentiamay seek to rescind the order by filing a motion to reopen if they did not receive proper notice of the hearing or because of exceptional circumstances. If the failure to appear was due to exceptional circumstances (such as serious illness to the individual or of the spouse, child, or parent of the individual), a motion to reopen must be filed within 180 days of the date of the order.

What forms of relief from removal are available?

If the immigration judge has found the individual removable, that person may find relief if eligible and available. The various forms of relief that exist are:: voluntary departure, cancellation of removal, adjustment of status, asylum, withholding of removal, convention against torture. Most of these forms of relief are discretionary and the individual has the burden of proving that they are eligible for the relief and is deserving of the judge’s discretion to grant the relief sought.

I received a denial of my application, is there anything that I can do?

Depending on the type of application or petition submitted to the USCIS, certain denials can be appealed. The USCIS has an Administrative Appeals Office may review various decisions, including immigration visas, nonimmigrant visa petitions, employment-based immigrant visas, and various legalization programs.

What is the difference between Visa Processing and Adjustment?

Once a visa petition has been approved the individual benefiting from the petition must now apply for permanent residence. The individual may either file an immigrant visa application at a U.S. consulate or apply for adjustment of status if present in the United States and is eligible for adjustment. Depending on the individual, most are eligible to make an application for adjustment to permanent resident status without leaving the U.S. Certain individuals with significant periods of unlawful presence in the U.S. may not have the option to seek consular processing.

Family Law

What forms of spousal support are available and how do courts determine who gets alimony?

If the spouses cannot settle the issue regarding spousal support, the courts may make a determination after an equitable distribution of the marital assets and debts. The courts consider the spouses' income, requesting spouse's need or life style, and equitable distribution as it impacts the spouse's need. The forms of alimony include permanent, rehabilitative, bridge the gap, and lump sum.

What can I do if a parent does not want to pay for child support?

If the parents have obtained an order from the court indicating the amount of child support obligations, the delinquent parent may be held in contempt for failing to comply with the court's order. The custodian parent may file a motion with the court and show that the parent obligated to pay has defaulted and willfully violated the court's order. Enforcement of the judge's order may take the form of liens against property, income deduction orders, garnishment, suspension of driving privileges, and incarceration.

What is shared parental responsibility?

Under Florida law, both parents share in the responsibility of rearing their minor children. It is our state's public policy that each minor child has frequent and continuous contact with both parents after the parents' separation and that each parent retain full parental rights and responsibilities with respect to their children. All major decisions affecting the welfare of the minor child is to be determined by both parents. Shared parental responsibility is generally ordered by the courts unless the court finds that shared parental responsibility would be detrimental to the child.

What is primary residential care?

While both parents may share in the responsibility of rearing the minor child, where the child actually resides is also determined by the court if the parents cannot agree on this issue. The courts decide the primary residence based on the "best interests of the child" standard, which includes an evaluation of various factors affecting the welfare and interests of the child.

If I have primary residential care over my child, can I move to a different home?

Florida recently passed a new law regarding relocating with a child in October of 2006. Relocation means moving with your child more than 50 miles away from your child's principal place of residence at the time of the entry of the order designating the primary residential parent for more than 60 consecutive days. This type of relocation may be restricted. The new law addresses the specifics and defines the relocation process. If you relocate without permission, the court can force you to return the children to Florida, even if you have purchased property in another State.

What rights do I have to visitation of my child?

Under Florida law, a parent has a constitutionally protected inherent right to a meaningful relationship with their child. To receive visitation rights, one must be a legal parent of the child. Reasonable visitation is granted to a parent unless there is proof that the parent acted in a manner that adversely affects the child's welfare.

Who can seek modification of a child support order?

Any person giving or receiving child support under a current order may seek modification of that order when the circumstances or the financial ability of either party changes. Under Florida law, three grounds for modification:

When the modification is found necessary by the court and is in the best interest of the child.
When the child reaches majority.
When there is a substantial change in the circumstances of the parties.

If a step parent is abusing a child what steps should be taken?

The first thing you should do is to contact the police and the Department of Children and Families. Moreover, you should also obtain a restraining order on behalf of your child, against the parent or step-parent who is or may be abusing the child.

Criminal Law

What are the different stages of a criminal case?

1. Arrest

The criminal justice process begins as soon as a person is arrested. Determining what constitutes a valid arrest raises many issues that can affect the constitutional rights of the defendant. An arrest generally takes place when the police exercises control over a person thereby preventing them from leaving.

How does the prosecutor decide whether to file charges against the defendant? The following constitutes some factors in the prosecutor’s decision making process:

Was the evidence legally obtained? Some cases have legal problems that could get them thrown out of court (i.e. police officer conducts an invalid search thereby violating the defendant's constitutional rights making the evidence inadmissible in court).
Is there enough evidence to make a conviction probable? If the evidence is not very convincing, it would not be worth the time and expense of a trial.
State Attorney’s Office has limited resources and must focus on more serious crimes.
Prosecutor does not have to press charges. A criminal case is between the State of Florida and the accused. So the victim does not have the authority to make the prosecutor press charges.

What does Nolle Prosse or a No Information mean? A nolle prosse or no information is when the State Attorney’s office voluntarily decides not to file charges against you.

2. Booking and Bail

Booking
After an arrest, the criminal suspect is usually “booked," or "processed" in order to obtain the suspect’s personal information, criminal background, fingerprints and photographs.

Bail
Criminal suspects arrested for minor offenses may merely be given a written citation and released. However, a defendant that has not been released and remains in police custody may have the opportunity to pay money in exchange for their release, as long as the crime was not very serious. As a condition of the release, the defendant promises to appear in court for all scheduled criminal proceedings. If a person is not allowed to post bail after being booked, a judge may decide later, at a separate hearing or the arraignment, whether to allow release on bail.

Will I get a bond? In most cases the police officer will set a bond amount. If the police officer does not set a bond, then the judge can when the defendant appears in court within 24 hours of the arrest. If the defendant is arrested for a violation of probation the judge may not give the defendant a bond until the defendant goes before the judge that placed the defendant on probation.

What happens if the defendant cannot afford to pay the entire amount of the bail? A "bond" may be posted to cover the full amount of bail. If the defendant fails to appear in court, the full bail amount will have to be paid. A defendant can obtain a bond from a bail bond agency that charges a fee for posting the bond (usually 10% of the bail amount). The bail bond agency will be responsible for paying the full bail amount if the defendant fails to appear as promised.

What does "Release on your Own Recognizance” (ROR) mean? When a defendant is arrested, booked, and granted "own recognizance" release, no bail money needs to be paid to the court, and no bond is posted. The defendant is merely released after promising, in writing, to appear in court for all upcoming proceedings. If the defendant fails to appear in criminal court as scheduled, then they will be subject to an immediate arrest and forfeiting any possibility for being released on bail.

3. Arraignment

What happens after the defendant has been arrested and processed? The defendant will have a hearing within 24 hours of the arrest. The court will then set an arraignment in order to allow the judge to:

Read the criminal charge(s) against the Defendant;
Ask the defendant if they need the assistance of an attorney;
Ask the defendant how they will plead to the criminal charges that have been filed against them (i.e. "Guilty," "Not Guilty," or "No Contest");
Announce the date of future proceedings in the case (i.e. disposition, preliminary hearing, pre-trial motions, and trial).

Can the defendant change judges if they do not like the assigned judge? The defendant’s case is assigned to a judge administratively. A defendant cannot pick the judge. If a conflict or issue exists between the defendant and the judge, the defense attorney can then file a Motion for Recusal or the judge can themselves if a conflict exists.

4. Plea Bargains

Most criminal cases are resolved through a "plea bargain". A plea bargain is when the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence or having charges dismissed. Plea bargains are generally encouraged by the court system due to overburdened criminal court calendars and overcrowded jails.

5. Pre-Trial Motions

Pre-trial motions are tools used by the State Attorney and Defense Attorney in an effort to set the boundaries for trial (i.e. Motion to Suppress exists where there has been an illegal stop, search or seizure or when a constitutional right has been violated wherein the defense attorney requests the court throw out the illegally obtain evidence).

6. Trial

a) Jury Selection. Some criminal cases are heard by the judge alone (called
a “bench trial”), while other are presented to the jury. During jury selection, the judge, prosecutor, and defendant question a pool of potential jurors and ask them questions pertaining to personal opinions and/or life experiences that may pertain to the case. The judge can excuse potential jurors at this stage, based on their responses to the questions. The prosecutor and the defense attorney may also exclude jurors through the use of "peremptory challenges" and challenges "for cause." A peremptory challenge can be used to exclude a juror for any non-discriminatory reason, and a challenge for cause can be used to exclude a juror who has shown that he or she cannot be truly objective in deciding the case.

b) Opening Statements. The prosecutor and defense attorney have the
opportunity to conduct an opening statement. No witnesses testify at this stage. Since the prosecutor has the "burden of proof" at trial to prove all elements of the offense “beyond a reasonable doubt”, the prosecutor's opening statement is given first. In some cases, the defense attorney may wait until the conclusion of the prosecutor’s case in chief before making an opening statement.

c) Witness Testimony and Cross-Examination. At this stage, both the
prosecutor and the defense attorney have the chance to present their “case-in-chief" to the jury. After the witness is sworn in by taking an oath to tell the truth, the party who called the witness to the stand questions the witness through "direct examination” wherein they elicit information from the witness through a question-and-answer process. After the direct examination, the opposing party has an opportunity to question the witness through a "cross-examination" in an effort to impeach the witness's credibility and testimony. After cross-examination, the side that originally called the witness has a second opportunity to question the witness through a "re-direct examination," in an effort to re-establish the credibility of the witness.

After the prosecutor concludes its case-in-chief, the defense attorney can present its own evidence in the same proactive manner.

After both sides have presented their case-in-chief, both sides "rest", meaning that no more evidence will be presented to the jury.

d) Closing Arguments. The closing argument is an opportunity for both
sides to sum up their case to the jury

e) Jury Instruction. In this part of the trial, the judge gives the jury the set of legal standards it will need to decide the outcome of the trial. The judge also describes key concepts, such as "guilt beyond a reasonable doubt," and defines any crimes the jury may consider, based on the evidence presented at trial.

f) Jury Deliberation and Verdict. This is the when the jury discusses the case in private. Once the jury reaches a verdict, the jury foreperson informs the judge, and the judge usually announces the verdict in open court.

7. Sentencing

After the defendant is convicted of a crime, whether through a guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at this stage. If convicted, the defendant may face the following sentence:

Fines
Incarceration in jail (shorter-term)
Incarceration in prison (longer-term)
Probation
A suspended sentence, which takes effect if conditions such as probation are violated
Payment of restitution to the crime victim
Community service
Drug and alcohol rehabilitation

What exactly does probation mean? Probation takes place after conviction, but before the sentence is served. In other words, the sentence has been decided, but the judge "holds back" on imposing it in order to give a young or first-time offender a second chance. If the person on probation is found at a hearing to have failed to follow the court's orders or disobeys the probation officer, the sentence will be imposed and the convicted person will go to prison.

8. Appeal

An individual who has been convicted of a crime may "appeal" their case thereby asking a higher court to review certain aspects of the case for legal error as to either the conviction itself or the sentence imposed.

What do I do if I get pulled over for a ticket?

A ticket can fall under one of two categories:

Civil Infraction

Does not carry jail time;
Can expose you to points on your license which may increase your insurance premiums significantly;
Optional court date;
Example—careless driving.

Criminal Infraction

may carry jail time;
Requires a court date or a warrant will be issued for the Defendant’s failure to appear.
Example—driving with an invalid driver’s license.

What do I do if I get pulled over for DUI?

Having a driver’s license in the State of Florida means that you agree to perform certain tests that a police officer may ask you to take in order to determine if you are driving while under the influence of alcohol or some other drug. One common test given to those suspected of drinking and driving is the breathalyzer. This test is performed on a machine that requires you to blow into a tube in order to determine your breath’s alcohol content. If you are charged with DUI, you have 10 days in which to request that the Administrative Bureau of the Department of Motor Vehicles give you a hearing, commonly referred to as a formal review. Because your license depends on it, make sure you contact an attorney as soon as you get the DUI so that your hearing can be requested. Attorneys can try to minimize the amount of time that you spend without a license after a DUI.