Recent Blog Posts

State Funding Cutbacks for the Florida Public Defender's Office

Jeremy Buckmaster — Mon, 14 Nov 2011 19:42:00 GMT

I hear the question every week in my office. Why should I hire you and not just get a free lawyer through the Public Defender's Office. It is a great question that I wish I was asked more often. To answer the question you must first understand what a Public Defender is, WHO should be able to get that type of assistance, and what to expect if you are represented by the Public Defender. Each of the twenty judicial circuits in Florida has its own elected public defender responsible for representing people who face the loss of their liberty and are determined by the court system unable to pay for a private counsel. The Public Defender's Office is appointed by judges to represent those clients in criminal, juvenile and mental health matters in Florida's courts. For years though, Florida's Public Defender's office has been underfunded and overwhelmed with record caseloads. The cases are stacking up and the resources to help these cases are sparse.

Since Gideon v. Wainwright in 1963, anyone that was arrested and charged with a felony possessed the right to an attorney; if the defendant was evaluated as indigent, it is the responsibility of the state to provide an attorney. Our taxpayers' money is paying for indigent individuals who cannot afford an attorney, but with recent state funding being cut, the Public Defender's Office is struggling with less money and too many—sometimes double— cases. In September 2009, Miami-Dade County's Public Defender's Office attempted to decline all new non-capital cases because of the overwhelming caseloads. The state eventually ruled that the defender offices had to share the burden of falling revenues.

Defendants are typically required to fill out an affidavit to apply for the services of the Public Defender. The clerk or the Judge is charged with scrutinizing these applications to see if the person is truly indigent. It is my personal opinion that our Judges and clerks have failed in this process. It is necessary that the Public Defender appointment applications received from criminal defendants be scrutinized in order to save our funds and resources for the individuals that truly need the state's help. Many times judges appoint the Public Defender's office if an accused individual simply requests it to help push cases through the court system. It is understandable because the dockets are completely full and the Judges are under pressure to move cases. But not all applications are entitled to the Public Defender's help and the taxpayer's money that fund this privilege and that should only be granted to true indigents.

This common practice hurts all involved. Our Public Defenders in this area are outstanding attorneys who care about their clients, but they are totally overworked and do not have the necessary time to invest in each case. This affects the kind of representation they can offer. Often I hear complaints from defendants that they are unable to meet with their Public Defender or don't truly understand what is going on in their case. Many times they don't meet their attorney until their arraignment which is often 30 days after their arrest. In that time critical decisions are being made by the State Attorney's office while no one is advocating for you or offering your potential defense. If you are charged with any crime you should know exactly how you case could impact both your present and your future. You should never enter a courtroom without knowing what is likely to happen in your case.

Not only does this affect the state's funds to criminal justice and court systems, but it also hurts private law firm practices throughout the state who are severely damaged by the lack of clients. If Judges are appointing the Public Defender to everyone that asks without scrutinizing the affidavit they are harming private practitioners and continuing to burden a budget that is about to break. Subsequently, these private practices are closing and the clients continue to suffer with inadequate and overburdened Public Defenders with several other cases. With a larger caseload, Public Defenders are at a bigger risk to making mistakes with capital cases and very dangerous criminals. It is simply not working. The Constitution ensures a right to counsel, but that doesn't mean an individual charged with a crime should not have to pay for it if they are able to do so.

There are people trying to find solutions. This year, House Speaker Dean Cannon has proposed a plan with new funding formulas for prosecutors and public defenders. Cannon recognizes the unfair budget cuts and fewer resources to prosecute and defend individuals seeking the Public Defender's help. These new formulas would base state funding on population and workload. But with these new formulas, better-funded circuits in areas will suffer: key programs could end and experienced attorneys could be forced to leave because of lower pay. It is a never-ending cycle. Cannon suggests an additional $34 million in state funding for these hurt circuits. However, I believe a major solution is to have our Judges and clerks scrutinize these affidavits. If you are truly indigent you should be appointed the Public Defender. If you commit a crime and can pay for your I-Phone, and cable bill then the Court really needs to help you prioritize by forcing you to hire a private attorney. In the end, you will get better representation; the truly indigent will get better representation because the Public Defenders will have more time, and it will begin to help the budget that is in dire need of cuts.

The answer to my original question is simple. If you can afford a private attorney you should have no choice but to hire private counsel.

Refusing A Breath Test

Jeremy Buckmaster — Wed, 24 Aug 2011 01:58:00 GMT

In the state of Florida, a conviction of a DUI can have many consequences including a driver's license suspension, fines and court costs well over $1000, alcohol classes, outpatient treatment, probation, community service and even possible imprisonment depending on the gravity of the case. A popular question among most DUI offenders is whether or not one should take a Breathalyzer test when pulled over by a law enforcement officer for a suspected DUI. The breathalyzer is meant to determine if your blood alcohol level is over the legal limit of .08, which would result in a charge of driving under the influence. Many people in the community think that if you refuse you will not be arrested for a DUI. That thinking is flawed because one can still be arrested and convicted of DUI under F.S. 316.193 if there is other evidence separate and apart from a breath test that indicates that person was impaired while driving.

The question becomes do I take the test or refuse? The message from many criminal defense attorneys in the past had always been to refuse the test if you are suspected of DUI because you do not want to offer potential incriminating evidence against yourself that could be used in your prosecution and trial. This message permeated society and many citizens today think they should always refuse if pulled over or accused of DUI.

It must be known that a refusal is not always your best option and it may come with very harsh consequences on your privilege to drive both administratively and in the criminal courtroom. Over the last few years the legislature has increased the administrative penalties for your privilege to drive if you refuse the test. If you refuse it is a 1 year suspension of your license. On any additional refusal it is now an 18 month driving suspension without any chance at a business permit under F.S. 316.1932. (LINK)In criminal court you now receive one refusal in your life; subsequently any additional refusals are crimes and prosecuted as first degree misdemeanors under F.S. 316.1939.

With these changes there is more to think about and the advice of "just refuse" may no longer be the right choice for many individuals with that tough decision. If you refuse a Breath test and have been drinking and driving, you will most likely still be spending the rest of your night in jail, have your driver's license suspended by the DMV and face a criminal prosecution. The refusal will potentially avoid offering the State of Florida strong evidence of your guilt in the form of a breath result over the legal limit. However, it will also carry longer administrative suspensions of your license and potentially an additional crime.

So do you take the test or refuse? A Breath test is the strongest evidence in a DUI criminal case, so if you think you are impaired by alcohol and have been drinking and operating a motor vehicle, it can be in one's best interest to refuse the test. By refusing the Breath test, you are preventing the state from gathering incriminating information against you, but consequences will still follow and you must be aware of how this decision may affect your privilege to drive. Whether you take the test or refuse if you are arrested for a DUI it is imperative you seek out an experienced Daytona Beach DUI Lawyer.

Padilla v. Kentucky

Jeremy Buckmaster — Mon, 08 Aug 2011 00:10:00 GMT

In March 2010, the United States Supreme Court set precedence with the decision of Padilla v. Kentucky 130 S. Ct. 1473. This case addressed the deportation risks that arise in a criminal defense case when non-citizen defendants plead guilty or no contest. The Sixth Amendment of the United States Constitution protects and guarantees an individual's right to effective and competent counsel. The defendant, Jose Padilla, was aware of his right to counsel and trusted his criminal defense lawyer when he was arrested and charged for transporting marijuana in 2001. His lawyer, though, did not inform him of the consequences that would follow his guilty plea, in regards to his immigration status. Padilla had been a legal permanent resident (LPR) for more than forty years when he was arrested in Kentucky, and his attorney advised him that his plea would not affect his LPR status if he chose to plea guilty following a plea bargain. Consequently, Padilla faced removal, which is commonly known as deportation, after pleading guilty.

Padilla filed a pro-se motion for post-conviction relief because of the ineffective counsel he received from his criminal defense attorney. His case reached the Kentucky Supreme Court where the Court found that there were no grounds for post-conviction relief. The defendant took his case to the United States Supreme Court for further review and post-conviction relief. According to the United States Supreme Court, if deportation may be a consequence of a criminal plea or conviction attorneys must inform their clients of this very serious consequence to a guilty plea, and advice must be given about the immigration consequences. Ultimately, the Court reversed the decision, establishing that Padilla's criminal defense counsel should have informed him about the risk of deportation when pleading guilty to a crime.

The major lesson learned from Padilla is that it is the responsibility and duty of a criminal defense lawyer to advise a client about the impact of a client's plea in a criminal court on their immigration status. Prior to this Supreme Court case, it was assumed that in almost all States that a Judge would inform every defendant, whether a citizen or not, that a criminal sentence could affect an individual's immigration status. However, now it is clear that that responsibility lies in the Criminal Defense lawyer's hands. It is important for attorneys to be fully aware of this responsibility and investigate the status of their clients to inform them of their rights and how their case may potentially affect their immigration status. It is imperative that a criminal defense attorneys be fully aware of the of immigration law. If they are like most criminal defense attorneys in this country and they do not understand the extremely complex area of immigration law they are charged with referring their clients to a knowledgeable Immigration Attorney so they know your clients are protected and have an understanding of the impact the criminal plea may have on their status

It is absolutely essential for your criminal defense attorney to have immigration knowledge or the understanding that you must be referred to an attorney who possesses that knowledge so you can be adequately advised on how the criminal case may impact your decision to plea. At Buckmaster Law we possess that knowledge and experience in both criminal and immigration law. It is that unique expertise which allows us to make sure your criminal plea does not affect your immigration status. Please contact an experienced criminal defense and immigration lawyer at our firm if you are a non-citizen and are facing a criminal case.

Florida's Newly Proposed Immigration Laws

Jeremy Buckmaster — Fri, 29 Jul 2011 15:50:00 GMT

In early May, the Florida Senate approved a new bill to control the illegal immigration issue that has been a topic of interest for many states including, Arizona, Alabama, and Georgia. The Florida Senate is still awaiting for House approval to make this new bill official, but its impact has garnered mixed reviews and even protests from immigration and civil rights groups. Florida, being a major migration destination for most Caribbean and Latin American countries, finds itself in the middle of this debate because of the new laws introduced and the growing population of legal and illegal immigrants. There are approximately 1 1 million illegal immigrants working in the United States.

Twenty other states are now considering following Arizona's suit with new and improved laws addressing the immigration issue and illegals in the country. These anti-immigration laws have been a controversial topic for the past year because of the risk of abuse and potential racial profiling that is arguably the "bigger" issue. These new laws would require immigrants of all statuses to carry identification documents and immigration papers to prove that they are legal to be in the United States.

The Florida immigration laws differ from the Arizona model and is said to garner more support and less controversial attention. Individuals stopped on suspicion of committing crimes will have their immigration status checked. It will also require all private employers to use E-Verify, a federal verification database. The new bill will require law enforcement to make "a reasonable effort" in pursuing illegal immigrants when making arrests and eventually send them to federal officials for deportation. Illegal immigrants, a.k.a "violators," risk fines up to $2,500, six months in jail and even deportation if discovered by law enforcement officials using E-Verify. The new proposed laws address many aspects of this issue, including bond rulings through sentencing. Immigration advocates challenge the new laws, claiming that it would invite lawsuits from those wrongly arrested or interrogated that were ultimately legal to be in the United States, or were wrongfully suspected of committing a crime just to check their immigration status.

The public's reaction to these new immigration laws varies. There have been threats of boycotts in Arizona, which would greatly affect its economy. The Obama Administration was forced to interfere because of how controversial and unconstitutional some of the provisions were. Groups of legal and illegal immigrants have voiced their opinions through protesting, arguing that these new laws are unconstitutional and encouraged racism against foreigners. Many challenge these laws, recognizing that most Americans do not want the jobs that immigrants are working-whether it's agricultural labor, construction or hotel jobs. Some argue that the immigration issue is a federal responsibility, not a state responsibility.

What is clear is that many States have grown tired of the Federal Government's inaction on the issue of immigration and States are now taking the initiative of passing harsh laws that can dramatically affect legal and illegal immigrants. It is important for legal immigrants and illegal immigrants to understand their rights with these changes in the laws. It is imperative you seek out an experienced Daytona Beach Immigration Lawyer to get advice on how these changes may affect your status. If you have an opportunity to become legal through a family based petition or you are a Legal Permanent Resident and you want to Naturalize and become a U.S. citizen to avoid any potential issues now is the time to seek out legal advice. If you or a loved one has been arrested and detained on an ICE or immigration hold as a result of these new laws it is critical you hire an attorney to explore the opportunity to avoid a possible deportation through a possible Cancellation of Removal.

Reasonable Doubt in the Casey Anthony Case

Jeremy Buckmaster — Tue, 19 Jul 2011 19:09:00 GMT

What is reasonable doubt? Reasonable doubt is a standard of proof that must be surpassed to convict the accused in a criminal proceeding. It is required under the Due Process Clause of the Fifth Amendment in the United States Constitution to protect individuals from unjustified prosecutions and convictions. This topic of interest arrives following the aftermath of the highly publicized murder trial of Floridian resident and accused child-killer, Casey Anthony.

In a criminal proceeding, it is the duty of the prosecutor to prove the defendant's guilt beyond a reasonable doubt with sufficient evidence and support. After a trial, it is then the responsibility of the jury to weigh the facts that were presented, compare it to each and every element of the law, and decide a verdict for the accused. A jury decides the outcome of a case by carefully examining and evaluating the evidence to the smallest degree. If the evidence does not support the prosecutor's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable and irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant's counsel to object and insist that the evidence be excluded by the presiding Judge.

In July 2008, Caylee Anthony was reported missing and it was determined that her mother failed to notify her family or any other authority figure for 31 days. Casey Anthony was the last person to see her daughter alive, and her strange behavior including obvious child neglect, suspicious search results on her personal computer, and accusatory remarks from her parents to authority officials were not helping exonerate her of any guilt. Her abhorrent behavior highlighted by the pictures of her partying during those 31 days her daughter was missing or dead certainly was more than enough to convict her of murdering her daughter in the court of public opinion.

When Caylee's remains were discovered nearly four months after she was reported missing, her death was ruled a homicide and Casey Anthony was arrested and charged with first-degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of giving false information to a law enforcement officer in reference to a missing person. In June 2011, three years after the death of Caylee Anthony, the criminal trial of Casey Anthony began. Casey Anthony was facing life imprisonment and the death penalty.

But on July 5^th, 2011 the jury issued a not guilty verdict on first-degree murder, aggravated child abuse and aggravated manslaughter of a child. The public's reaction to this grave and serious conviction was outrage and disbelief. This case had garnered massive amounts of media attention and an unprecedented following, and the nation was ready for justice to be served in the name of Caylee Anthony. But the jury still could not connect the dots, and the evidence did not support an ultimate guilty conviction. The cause of death of Caylee Anthony was never established and we are still unaware as to who was present at the time of her death. While the prosecutors reached into every corner to explain the possible motives of Casey Anthony for killing her 2-year-old, in the end these motives could never offer or replace the need for concrete evidence of a premeditated murder or a felony murder. The state that Caylee's decomposed body was found in offered very little physical evidence to support any definitive cause of death. To add, prosecutors could not provide a murder weapon and held no DNA evidence to support the case they were making against Casey. The defense used this lack of evidence to ask the jury to acquit Casey and contended that 2-year-old Caylee drowned in the family's pool and this fatal accident "snowballed out of control." We will likely never know if the defense's theory is based on any truth, but the defense team definitely argued that the State failed to reach its burden and the reasonable doubt was there for the jury to acquit.

The prosecution failed to provide sufficient evidence to prove Casey's guilt beyond a reasonable doubt, thus the jury was forced to pronounce Casey Anthony not guilty of murdering her daughter Caylee. Even though the jury passed this verdict, it does not necessarily mean they believed this was just-it is clear that this decision was made simply based on evidence and the discovery in the case. The jury's decision in this case does not signify that the jury believed Casey was innocent of the charges and accusations against her. In reality-and to the public's dismay-the prosecutors simply did not have enough evidence to convict Casey on the charges against her.

How the Court Can Help You Overcome Drug Addiction

Jeremy Buckmaster — Mon, 13 Jun 2011 14:02:00 GMT

Ask yourself the following questions:

1. Have you used drugs other than those needed for medicinal purposes?

2. Do you misuse more than one drug at a time, whether for recreational or medicinal purposes? Do you use them more than once a week?

3. Have you ever had blackouts or flashbacks as a result of drug usage?

4. Have you neglected your family because of the use of drugs?

5. Have you engaged in illegal activities to aide you in obtaining drugs?

6. Have you been arrested because of your use of drugs?

7. Has your drug use contributed to your loss of employment?

8. Do family members and friends complain about your use of drugs? Have they ceased communication and contact with you?

9. Does your drug use make you feel guilty?

10. Have you had medical problems that could be related to your medical use such as memory loss, hepatitis, convulsions and bleeding?

If you answered yes to any of these you currently have a drug addiction or dependency. If you have been arrested and are being prosecuted the Volusia County Drug Court may be able to provide you with some assistance. In 1997 the Volusia County Adult Drug Court program began with the purpose of helping non-violent, felony, and prison bound adult offenders resolve their pending criminal cases by offering them the opportunity to seek life changing help by overcoming their drug addiction or dependency.

Entry into the program is based upon the sentencing court's assessment of the defendant's criminal history, substance abuse, screening outcome, amenability to the services of the program, total sentence points, the recommendation of the State Attorney and victim (if applicable) and the defendant's agreement to enter the program. Adult offenders with non-violent felony offenses including possession of a controlled substance or possession of a prescription medication without a valid script, Grand Theft, and burglary of a structure/conveyance qualify for the program. They must not possess disqualifying prior convictions to violent offenses, drug trafficking, sales, manufacturing or cultivation (except for small amounts of marijuana). Defendant's seeking entry into the program must also not have pending charges in other jurisdictions, been a previous Drug Court Program graduate within the last three (3) years, been previously adjudicated incompetent or insane or currently suffer from significant mental health problems, undergo methadone or suboxone maintenance treatment, or currently be in violation of conditions of controlled release or parole.

Many individuals believe that drug addiction or dependency is limited to the more commonly used drugs such as marijuana, heroin, methamphetamine (meth, crystal meth), and cocaine, but an increasing number of individuals have become addicted to or dependent on prescription pills. The most commonly abused pills are Oxycodone (Roxys), Hydrocodone, Xanax, and Percocet.

Unfortunately, I meet with individuals almost daily who suffer from drug addiction. More and more I have clients that are severely addicted to pain pills or anti-anxiety mediation. In almost every case the client was introduced to the medication through a valid script from a medical doctor. In many cases the client suffered from a physical injury or a diagnosed mental issue and their doctor prescribed them pain medication or anti-anxiety medication. However, the client becomes addicted to that pill, and in most cases, begins to abuse it. In my experience as a both a former State Prosecutor and a Criminal Defense Attorney I have witnessed how this addiction ruins lives. It can lead to loss of jobs, criminal arrests, lengthy prison sentences, felony convictions, and even death. It not only affects the addicted individual, but it also can devastate families and relationships.

The question becomes one of how can this addiction be stopped? How can this path to destruction end? Often the person has to hit rock bottom before they realize how far the drug has taken control of their life. In many situations, that rock bottom is a criminal arrest. It is in this situation where I can use my law degree and my position as their criminal defense attorney to help that person turn a negative situation like an arrest and prosecution into a positive life changing event.

Over the years I have seen clients make this life changing metamorphosis in drug court. I believe drug court works because it is one of the few environments in the Criminal Justice System where one truly feels they are worthy of that change and a new life. It is an environment of accountability, but also one where those that work in the drug court system have a hand out to help those that make mistakes and want the assistance to keep working towards being clean.

Drug Court forces responsibility upon many that have never been counted on for anything before. It requires attendance at group and individual counseling sessions. There are random drug testing and requires that you attend weekly court appearances in front of the Judge. If you don't live up to these responsibilities or take drugs you can be taken into custody and spend time in jail thinking about your decisions. Drug Court also creates goals as you move through the phases. Ultimately many can get their criminal cases dismissed if they successfully complete the program. The most important end result is teaching people how to live a clean existence, how to mend broken relationships, and how to move on to hopefully a very successful life.

The bottom line is it changes lives. I am obviously a huge supporter of drug court and I have assisted many clients in beginning this difficult yet life changing program. If you or your loved one has a drug addiction and has been arrested and you would like to find out about how I can assist in exploring the possibility of enrollment in drug court please contact me today to turn this negative situation into hopefully a way to end your addiction and begin leading a clean life.

Don't Wait to Hire a Daytona Beach Criminal Defense Attorney!

Jeremy Buckmaster — Mon, 06 Jun 2011 16:18:00 GMT

When someone is arrested typically they are frightened or nervous about their future and many are very confused and frustrated about what it truly means to be in the criminal justice system. In my opinion, this should be the time that a person seeks out a qualified Daytona Beach Criminal Defense Attorney to help them deal with this anxiety and aid them in understanding what being in the system really means for them and their future.

However, in my experience I have found that people often delay the all important process of hiring a competent criminal defense attorney. The process is usually delayed due to financial reasons or because psychologically they feel that if they ignore it the case and the problem will go away. Obviously, it will not go away and it is a serious mistake to not hire an attorney immediately to begin the process of building a defense for your case.

I worked as a Prosecutor in two counties in Florida. Because of that experience as a Prosecutor I have a keen sense of the process after you are arrested and bond out of jail. I stress to prospective clients every day in my office that the time frame between your arrest and the first court appearance, typically your arraignment, can be the most critical time in your criminal case. It is during that 2-4 weeks that the Prosecutor is assigned your case file. During this time the Prosecutor reviews the law enforcement officers' reports, witness statements, physical evidence, and anything else that has been provided by the arresting officer. The Prosecutor examines the evidence to determine IF and what to charge you with. There is a major difference between being arrested on a crime and being charged with a crime. Only the State Prosecutor can make the decision to officially charge someone with a crime and prosecute their case in court.

If you choose to not hire an attorney, the Prosecutor assigned to your case will not hear your side of the story and will not hear from your potential defense witnesses. Most importantly, they will not hear arguments from a qualified Daytona Beach Criminal Defense Attorney as to whether or not there are legal issues with the traffic stop on your vehicle, the search of your home or car, or whether the officer failed to properly investigate your case. Simply put, the Prosecutor will make that critical charging decision with absolutely no input from the person that decision affects the most- that person being YOU. You were the one arrested. You are the indivudal that is facing a criminal prosecution. Ultimately it is you that will have to live with a potential criminal conviction, prison sentence, or probationary sentence. It makes absolutely no sense not to immediately hire a qualified Daytona Beach Criminal Lawyer within days after your arrest.

I hope this article helps you understand the urgency in hiring a lawyer as soon as possible. If you are hoping everything will be okay and the system will play out the way you hope you are making a huge mistake and putting your future at risk. If you are delaying hiring an attorney because of financial reasons I would challenge you to put your priorities in place and understand that nothing else should be much more important at this time in your life than your criminal case. It should be worth every penny you have to give yourself the best defense possible in your criminal matter. Contact a Daytona Beach Criminal Defense lawyer the moment you get out of jail.

Why a Child Custody Agreement is Vital

Jeremy Buckmaster — Wed, 01 Jun 2011 14:29:00 GMT

Whether you are a divorced parent trying to work out an agreement with your ex-spouse as to the care of your children, or an unwed couple that recently had a child but your relationship failed it is VITAL that you seek out a Daytona Beach Family Law Attorney to help you in creating a Shared Parenting Plan.

Shared Planting Plans are in my opinion a must to deal with issues such as child support and time sharing. Time-sharing is the division of a minor's time between the parents. All plans or arrangements must specify the time the child will spend with each parent, who is responsible for any and all forms of support, health care, school related matters and any other activities the child partakes in. These plans lay down rules for the parents to follow and offer consistency for everyone involved. Simply put these shared parenting plans force parents to do what is in the best interest of their child. If one parent is not following the agreement the other parent can potentially file a motion for contempt and ask the Court to hold that parent accountable under the agreement. The previous mentioned items are only a small sample as to what is or can be included within Shared Parenting Plans. Each child is different and each family is different so these agreements can be tailored to fit the parties' needs.

A child's best interests is the primary concern of any parenting plan therefore the construction of the plan takes into consideration the history of the parents' relationship, the financial situation of each parent, past domestic violence issues, each parents' disposition, the reasonable preference of the child, the location of their home and school and many other factors.

            When creating a parenting plan it is important that you understand what your rights are as a parent, the limitations of the law and how that extends to you and your relationship with your child. Too often parents that are uneducated in the Martial and Family Laws of the State of Florida enter into agreements that could inadvertently give up your rights as a parent, limit your influence in their lives and simply put are unfair to the parents and children.   Even more detrimental, some parents attempt to raise a child without an agreement in place and that creates chaos for the parents and the children involved. Statistics say that almost 40% of children are born to unwed mothers.

            In most cases mothers desperately need these agreements to ensure that they will have the assistance financially and otherwise from the father to raise the child and men need these agreements to ensure they are an instrumental part of their child's life and are allowed to legally develop a meaningful relationship with that child. There has to be rules and conditions so everyone is on the same page and held accountable and that is where a good Shared Parenting Plan comes into play. Please contact a Daytona Beach Child Custody Lawyer today to help you start the process of creating Shared Parenting Plan for your child.

Daytona Beach Immigration Law-To Hire a Lawyer or Not?

Jeremy Buckmaster — Tue, 19 Apr 2011 13:32:00 GMT

The list of pros and cons on retaining an attorney to handle your legal matters could go on forever and for some issues an attorney is not necessary, but if you're planning on filing paperwork for Immigration purposes it is imperative you seek out an attorney.

If you are in or around the Daytona Beach area and are considering filing a petition to bring over a relative, a fiancé, have family members visit through visitor visas, study in the United States, obtain a work permit or apply for Naturalization contact a Daytona Beach Immigration Law Attorney.

Many individuals seek out the help of "immigration helpers" or clinics that advertise their ability to aide individuals in filing the proper documents. A vast majority of these businesses are not operated by licensed attorneys and can actually damage a person's chances of obtaining legal immigration status within the United States. For instance, we recently met with a client who had gone to one of these clinics. She was of Mexican descent and the representative of this clinic told her she would apply for asylum based on the conditions in Mexico. However, asylum is very difficult to achieve and almost never granted for Mexican citizens. By filing this Petition on her behalf, the clinic ended up putting her in a much worse situation because she had entered without inspection and did not qualify for asylum. She ended up being placed in removal proceedings and now faces deportation. If she had met with a qualified Daytona Beach Immigration Lawyer from the beginning she would not be in the position of making an extremely difficult choice of leaving her two young children in the U.S. with family or having to take them out of school and back to the unknown in Mexico.

Now, many people may feel that if they access the U.S. Citizenship and Immigration Services(USCIS) website and read how to file the paperwork themselves there is no need for an attorney, but consider this scenario. You have filed paperwork with USCIS, and then you move to another state and the immigration office originally handling your petition also moves. In the process of both of those relocations documentation can easily be misplaced, lost, forgotten or discarded. Having an attorney such as a Daytona Beach Immigration Law Attorney will give you the peace of mind knowing that someone is tracking all of your information and staying on top of filing all the proper documents when changes occur.

Let us consider this final scenario: You were born in another country, let's say France, your family imigrates to the U.S. when you still are a baby and so the U.S. is now the only home country you know. You grew up with American traditions, customs, speaking English, in all aspects you are American. As an adult you decide you want to visit Africa; your parents are U.S. citizens and so you figure they must have filed the correct paperwork for you as well, after all you have a license and social security card. You access the Department of State's website to read up on the instructions for soliciting a passport and you realize you need a Naturalization certificate and certificate of citizenship. Now you are confused and this where a Daytona Beach Immigration Law Attorney can help. We have the ability to determine whether or not the proper documentation for naturalization was filed on your behalf by your parents; obtain copies of the certificates and aide you in obtaining the passport.

Seeking out the help of a Daytona Beach Immigration Attorney to handle your Immigration needs is a necessary investment if you want to be in the most advantageous position possible. Only a qualified and educated attorney can help you get to this position, which is why you should contact a Daytona Beach Immigration Law Attorney today.

Why seeking legal representation is imperative when fighting an Injunction

Jeremy Buckmaster — Wed, 06 Apr 2011 17:43:00 GMT

Why being represented by an Attorney is critical when dealing with an Injunction

An Injunction, more commonly known as a Restraining Order, is a court order restricting or limiting a person's contact with someone else, including physical and electronic communication. This means no direct or indirect contact through third parties can take place.When the Court states there is an Order for No Contact that means no telephone calls, no e-mails, no text messages, and no contact through social websites such as Facebook or Twitter. There are many types of Injunctions, but the most commonly solicited ones are:

Domestic Violence
Dating Violence
Repeat Violence

Domestic Violence ( §741.30):

This is the most common type of injunction filed in Circuit Court. A domestic violence injunction can be filed by any person who is either the victim of domestic violence, as defined by s. 741.28, or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.

Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Family or household members: means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Dating Violence (§784.046 (d)):

Means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

A dating relationship must have existed within the past 6 months;
The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

Repeat Violence (§(§784.046 (b)):

Means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

An Injunction can have a devastating effect on the life of the person who has been served with it. A court has a great deal of discretion when issuing an injunction. It will minimally prohibit you from going near or communicating with the petitioner, but may also include other orders not limited to the following:

Award the petitioner exclusive use of property, even if jointly owned or in your name
Award the petitioner temporary custody or child support for minor children
Require you to undergo drug, alcohol, or anger management counseling
Require you to participate in a 29 week Certified Batterer's Intervention Program
Require you to surrender firearms or ammunition

Most damaging, an injunction can leave you vulnerable to a criminal arrest if the protected person claims you violated the terms and conditions of the injunction.

When an individual is served with the Temporary Injunction a hearing is set to determine whether there is reason for a permanent one to be ordered and from this point forward no communication can take place between either party. At this stage the individual who has filed the Injunction is referred to as the "Petitioner" and the individual who has been served with the injunction is referred to as the "Respondent."

For the purposes of the Injunction hearing no attorney will be appointed to the Respondent to aide them in their defense against the Injunction, but Petitioners often receive free representation to present their cases. It is extremely difficult for a Respondent to successfully convince a Judge that the Temporary Injunction should not become permanent without the representation of a competent and experienced attorney .

You may be wondering what the long term consequences of a permanent Injunction are, here are a few:

If it is granted it remains on your record and can be accessed through background checks, which in turn can affect future employment and housing prospects.
If you are currently in the midst of a Divorce what is said in the Injunction hearing and the outcome can be used against you in your Divorce and brought to light within the Family Law courtroom.
If you currently have a criminal case where the Petitioner is involved as a victim what is said in the Injunction hearing and the outcome can be used against you as evidence for the Prosecutor and the State of Florida.
You could lose communication and your rights as a parent to your child(ren)
Potentially lose permanent access to your personal property such as your home and car and whatever other property may be kept within.
If you are a student applying to colleges and graduate programs you will have to disclose the outcome and events surrounding this case.
Violating the Injunction could potentially expose you to a criminal arrest and lead to you being prosecuted.

For these reason seeking the services of a well-qualified attorney such as Jeremy J. Buckmaster is crucial when defending yourself in an Injunction hearing.

Welcome to our Family Law and Immigration Blog

Family Law and Immigration Attorney — Fri, 04 Mar 2011 19:39:00 GMT

We are pleased to announce the launch of our Family Law and Immigration Blog