Archive for 'Frequently Asked Questions'

Q. “Wrongful death in Florida is a ‘civil’ case and NOT criminal, and someone will pay big money for being responsible?” A. “Yes, if these events prove to be true,” explains Florida wrongful death lawyer John Contini :

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“The Florida wrongful death statute requires that any ‘beneficiaries’ (defined as the deceased individual’s kids, for example) be ‘under 25 years of age’– if there is no spouse (meaning that the dead person (‘deceased’) left ‘no spouse’ (I.e., (no husband or wife) at the time of the wrongful death.”

“This limitation as to the maximum age of the ‘beneficiaries’ (i.e., meaning those ‘survivors’ of the deceased person who may ‘take’ or recovery money in the wake of their family member’s wrongful ...

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Q. “What should I do if I go to trial and lose, and need to change lawyers for an appeal?” A. “Hire me, and we might be timely in immediately filing a ‘Motion for New Trial,’ and I’ll show you an example of one now.” — Ft. Lauderdale criminal defense lawyer John Contini

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“When you call me at the office at 954 766 8810, I will make time to explain to you the difference between an ‘appeal’ and a ‘motion for new trial.’ Your Florida criminal defense lawyer or Florida appeals lawyer (known as an Florida appellate lawyer) will often file an appeal of your conviction and sentence in the trial court; but if your new lawyer is hired quickly enough (before the expiration of time provided in the Rules of Criminal Procedure), ...

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Q. “How can I help stay involved or help at all in my own defense with my lawyer in my own criminal case?” A. “There are ways, and let me tell you just a few right now,” explains Ft. Lauderdale criminal defense lawyer John Contini :

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“You can get yourself drug tested a couple of times a week, as just one way to help in your own defense, assuming it’s a drug case, for example,” said Florida criminal defense attorney John Contini. “Your lawyer can ‘humanize’ you with the prosecutor and the assigned judge — providing them with these consistent clean urines AND a host of character reference letters, as another example, perhaps with some recent certificates of achievement by the accused in his or her ...

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Q.”What if I’m falsely identified and wrongfully arrested and accused of a sexual offense, and the police and prosecution are then aware of this and drop the charges, can’t I get this arrest sealed?” A. Ft. Lauderdale criminal defense lawyer John Contini tells you the real deal:

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“You don’t have to be a Florida federal criminal defense attorney or a Fort Lauderdale criminal defense lawyer like me to see for yourself that sexual battery offenses and/or lewd and lascivious behavior or sexual assault charges are NOT “eligible” for “sealing” or “expungement” under the statutes and laws of the State of Florida.

Just quickly look at www.fdle.state.fl.us/expunge for the unfortunate proof that all sexual assault or lewd and lascivious or sexual battery charges are “ineligible” for sealing or ...

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Q. “Are depositions always helpful in criminal cases?” A. “No,” says Fort Lauderdale criminal defense lawyer John Contini, “and here’s why:”

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I’m a Florida federal criminal lawyer too’ so I can tell you with authority that in Federal Court they don’t allow for “depositions” (A “deposition” is a proceeding — fairly informal,usually in a conference room, with no judge present, but with a court reporter present, as the lawyer questions the witness/”deponent” under oath about the facts of the case, what they observed, their background, etc)

Though it’s true I’m busy as a Florida federal criminal lawyer — where depositions are NOT ...

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Q. “Why can’t I get a ‘diversion’ deal on a DUI, when guys are getting “pretrial diversion” or “pretrial (“PTI”) intervention and eventual dismissals on felony drug cases?!” A. “Great question,” and get the answer from Fort Lauderdale criminal defense lawyer John Contini:

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Sometimes your well-intentioned friends– who wouldn’t know this, unwittingly mislead you with tales of other cases and the results in other cases. Any 1st year lawyer or public defender can score a “drug court” “PTI” (“Pre Trial Diversion”) program for any defendant who stands accused of felony drug possession, whether it’s heroin, cocaine, regardless; and yet they may tell you they scored an unbelievable deal, because their lawyer was especially dug-in with the prosecutor or “knew the judge.”

I had a ...

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Q. “When can the police come into my home without a search warrant?” Ft Lauderdale criminal defense lawyer John Contini tells it like it is — all you need to know about your rights!

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“When can the police come into my home without a search warrant?” I’m often asked. I’ve been a federal criminal lawyer and a Ft. Lauderdale criminal defense lawyer for over twenty (25) years now and the answer is almost always the same (regardless of the crime charged or type of case, whether a homicide, sexual battery, drug trafficking, theft) — They can enter your home without a search warrant whenever you give your “consent” or permission; and of course, this ...

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Q. “How is it that I can be arrested for ‘practicing massage without a license,’ when I do have a license for body wraps?” A. “I have a drivers license for my car, but how is it that I can be arrested for driving an 18 wheeler truck, when I don’t have my CDL license as a tractor trailer truck driver?”

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The veteran detectives in Florida — as in most areas of the country, know that many massage establishments are “fronts” for prostitution, as unfair and demeaning as this may sound to legitimate massage professionals. Your “body wrap” license is what you use to score your job as a supposed “legitimate” professional, when in reality, according to their way of thinking AND their experience, you’re being used by the owners of these establishments as a legitimate “cover” or “front” for them ...

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Q. “Can I be deported even if I’m in this country legally, just because I’m arrested and not convicted for a small amount of marijuana, a misdemeanor simple possession, not even a felony?” A. “Yes, and here is why,” says Florida criminal defense lawyer John Contini:

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The Feds don’t care anymore whether you’re “convicted” or not — and they don’t care anymore if it’s ONLY a “misdemeanor” small “personal use” amount of marijuana; they’re initiating deportation proceedings either way these days! I may not be as renowned as a Ft. Lauderdale or federal immigration attorney — as most folks know me as a Fort Lauderdale criminal defense lawyer and Florida criminal lawyer, BUT I do know enough about immigration laws these days (as they relate to ...

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Q. “How can I get my brother out of the U.S. Marshal’s lock-up, you know, get him bail, when he’s federally indicted?” A. “It’s a simple enough process, to score a nice bond with a federal Magistrate, assuming your brother has ties to the community, has not fled the jurisdiction on earlier occasions, has little to no criminal history record, and assuming that he is not considered a “flight risk” from his own actions or the facts and circumstances surrounding his arrest,” opines South Florida federal criminal lawyer John Contini

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What’s the best type of bail or “bond” in these federal criminal cases?

It’s called a personal surety bond — and this is the best type of bond you’ll want your federal lawyer to shoot for, since you won’t be required to put up any $$ money $$ and no out of pocket expenses for this type of release.

The next best type of bond is the “corporate surety bond,” but it costs you fifteen (15) percent of the total bond ...

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