Archive for 'Frequently Asked Questions'

Q. “Can I get a break on fees, if I’m your facebook friend?” A. “I’m a Ft. Lauderdale criminal defense lawyer first ;) who just so happens to have a law office page on Facebook, but why not?!”

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Facebook: a help with your indictment?!

Only read this if you’re not offended by shameless self promotion – and if there’s a decent chance you’ll be indicted one day.

That’s right, bad boy/bad girl, if you’re indicted, you get a discount for being a friend on facebook! If you’re real nice, I may even extend this facebook reduction in fees to your loved ones. (By the way, is that why you befriended me on Facebook, because I’m a Ft. Lauderdale criminal defense ...

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Q. “Can they really take my blood without my permission?!” A. “You can’t get ‘blood’ out of a stone, or out of the ‘stoned!’ ” — Ft. Lauderdale criminal lawyer John M. Castellano

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Would you like to know the law on whether the police can forcibly draw your blood at an accident scene — whether someone dies or not? I’ve been defending the criminally accused in DUI Manslaughter (and DUI cases generally) as a Ft. Lauderdale DUI lawyer and Florida criminal defense lawyer for many years now … and I’ve been blessed with the privilege of helping families ALL across the State of Florida — as evidenced by this redacted motion from one ...

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“Seal the deal!” Trumpeting this advice, Ft. Lauderdale criminal defense lawyer John M. Castellano tells you what you need to know about “sealing” your arrest record:

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“If you have ever been arrested for a criminal offense in the State of Florida, you unfortunately have an arrest record,” even if you were falsely accused! Now that’s beyond unfair! But let’s say you were not falsely accused — and you simply made a mistake in judgment years ago … You will still have an “arrest record” even if you were never convicted, and even if the charge was dismissed!

But there is good news: Your friendly neighborhood Ft. Lauderdale ...

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when must the police read you the required Miranda warnings? “You have the right to remain silent. anything you say may be used against you. you have the right to an attorney …” Boston Marathon bombers? Ft Lauderdale criminal defense lawyer or Boston criminal defense lawyer, the answer is the same!

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The answer is the same, whether the lawyer answering the question is a Ft Lauderdale criminal defense lawyer like me, or a Boston criminal defense lawyer — The suspect must be read the required “Miranda warnings” (your “rights”) when the person is “in custody,” and this “custody” status has been further defined by the United States Supreme Court to mean, “when the person is not ‘free to leave’ ” … The Boston marathon bombers? They were not “free to leave” ...

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What Should I Do If I Get Injured?

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Never, ever sign forms or releases with any insurance carrier or its representative,  adjuster or investigator, without your lawyer first reviewing the form or release – even if the representatives are offering you a check or settlement money.

Do not speak with an investigator, adjuster or any representative from an insurance carrier – even your own, before consulting with your lawyer.

Under no circumstances should you provide any representative of an insurance company – even your own, with a “statement” over the phone ...

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My boss is sexually harassing me. What can I do about it?

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Tell his wife. She’ll straighten him out. If your boss is a woman (these days it happens both ways!), do the same thing – tell her husband. She will have bigger problems than you.”

Better answer: Tell the head V.P. of the “Human Resources” dept., if the company is big enough to have one, and if not, see a lawyer about filing suit for sexual harassment.

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What do you have to do, to be guilty of domestic violence?

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Suppose you and your wife get in a heated argument and one of you slightly pushes the other, resulting in perhaps a return push or even a grab, even without the nasty slapping, hair-pulling or punching? The pushing or grabbing is still considered “Domestic Violence,” and when the 911 call is made in Florida, this means both of you will be going to jail.

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Dear Lawyer, I did some hurtful things to my ex-girlfriend and now she has a restraining order against me. I want to send her an “I’m sorry” email now that I realize what a jerk I’ve been. Can I do this?

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Dear self-declared Jerk, absolutely not! Sending a letter or a greeting card, even a nice one (or even flowers with an apology note) violates your restraining order and is illegal; or having a friend call and apologize for you (as you may erroneously think that it’s only you who cannot call her), is yet another violation of the “civil” restraining order, which disallows “any” contact, “direct or indirect.” When you’re arrested for the “new, separate crime” of “violation of restraining ...

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What do you do if you’re sexually molested?

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This question is too serious to allow for levity. Do not wash up or clean up, as you must help to preserve the evidence of the crime. Your body is essentially the crime scene. Tell the police immediately (even if you are related to, or friends with, the person who did this to you), and get to the hospital or Sexual Assault Treatment Center as soon as possible! There are “forensic” (legal-scientific) reasons that require your physical presence and evaluation ...

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What do you do if you’re punched or slapped by somebody?

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Smack ’em back! (NOT!)

Better answer: Call the police immediately, and then your parents, who may want to file a lawsuit against the dirt bag who punched you, depending on whether the idiot has any assets.

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