#Miami Probate Attorney

[perlinestateplanningandprobate]

Expert Probate Administration Attorney in Miami

Navigate the complexities of probate with confidence. At Perlman Estate Planning in Miami, our skilled probate administration attorneys offer personalized guidance to ensure your loved one's estate is settled efficiently and according to law. Trust us to handle all legal proceedings with compassion and expertise. Ready to simplify your probate process? Contact us today for a consultation and start moving forward with peace of mind.

[miamiprobate]

There are countless situations when people get the sense they need an attorney but are hesitant to get one. For example, a person may sense their marriage. Perhaps they believe that if they do so, a legal dispute will begin. Keep in mind that every meeting with an attorney is private and confidential. Second, the attorney can advise you that you might not require legal counsel at this time. In such scenario, at least you've started a conversation.

[beardedmrbean]

A Florida man who died in a shootout with police over the weekend was out on bond after he allegedly raped a 14-year-old girl on her way to school last year, according to Orange County court records.

A SWAT team fatally shot Daton Viel, 28, on Friday after he shot and critically injured two Orlando police officers during a traffic stop around 11 p.m. Investigators believe Viel's vehicle may have been tied to a homicide in Miami.

Less than a year ago, on Dec. 1, 2022, Viel offered a ride to the 14-year-old girl walking to a local high school. She accepted, and when she got into his vehicle, he drove her to a park and allegedly raped her inside his vehicle before driving back to the school.

Once he dropped her off at the school, the victim told friends and school staff, who contacted law enforcement, Orange County records show.

SUSPECTED COP SHOOTER KILLED IN STANDOFF WITH SWAT TEAM NEAR UNIVERSAL ORLANDO: POLICE

Surveillance footage captured a red, four-door sedan entering the school's front office parking lot once at 10:14 a.m. and again at 10:46 a.m., when the victim can be seen exiting the vehicle.

Medical staff examined the victim and obtained a sexual assault kit. Detectives then conducted an analysis of male DNA found on the victim and linked it to Viel, who was charged with sexual battery of a person between the ages of 12 and 18, lewd or lascivious molestation and lewd or lascivious exhibition.

ORLANDO POLICE OFFICERS IN CRITICAL CONDITION FOLLOWING SHOOTING

He was released on $125,000 bond in that case, as FOX 35 Orlando first reported.

"The only individual who can be blamed for incidents like these is the individual who took those actions," Monique Worrell, U.S. State's Attorney for the Ninth Judicial Circuit Court of Florida, said during a Monday press conference. Worrell defended her office, repeating that bond is at the discretion of the court, not the U.S. Attorney's Office. "Whether or not someone gets released on bond is in the discretion of the court, and bond is a right. It is not something that the state gets to decide or not decide," Worrell said when asked whether the prosecutor's office could have argued for no bond. "We can certainly make arguments. Ultimately, it's the decision of the court, and in this case, the court decided that a $125,000 bond was appropriate."

At the time of his arrest in the rape case, Viel was on probation for burglary, trespassing on a construction site and criminal mischief charges stemming from a December 2019 incident. He had also violated probation for alleged crimes out of Georgia earlier this year.

TEMPLE POLICE SHOOTING SUSPECT SHOT OFFICER 3 MORE TIMES AS COP LAY ON GROUND WITH HEAD WOUND: OFFICIALS

Additionally, there was a warrant out for Viel's arrest in Orange County in July after he was caught driving a red Ford Fusion with a stolen license plate on June 30 near the University of Central Florida campus.

"The offender reported he'd come to the campus to see a girlfriend and he knew he shouldn't be driving because his license was suspended, and he did not have any insurance on the car," an amended complaint stated. "While Officer Smith was removing the stolen license plate from the vehicle, UCF Dispatch relayed the offender had an active warrant from Orange County for Trespassing."

When officers told Viel to put his hands behind his back, he fled the scene. Police yelled commands at the suspect to stop, but he ignored them and got away.

"There were three warrants, and we just could not get to him," Worrell said Monday. "…Until Saturday morning, he was never taken into custody."

On Friday, after Viel shot at two Orlando officers, he initially fled the scene and then carjacked another vehicle in an effort to get away, and a vehicle pursuit ensued, according to a statement released from the Orlando Police Department. 

Viel barricaded himself inside a room at a Holiday Inn and refused to surrender despite multiple attempts by police to persuade him to give up. At 8:58 a.m., the suspect opened fire on SWAT officers "multiple times," according to Orlando Police Chief Eric Smith. Police returned fire and hit the suspect, killing him.  

[matthewpmeyerslaw]

Theft and Property Crimes in Miami: Understanding the Charges

Introduction

Miami, a vibrant city known for its beautiful beaches and diverse culture, also experiences its share of theft and property crimes. If you're facing charges related to theft or property crimes, it's essential to understand the charges and potential consequences. In this blog, we'll explore the different types of theft and property crimes in Miami, their penalties, and how a Miami Theft Attorney can help.

Types of Theft and Property Crimes

1. Petit Theft (Misdemeanor)

    - Consequences: Up to 1 year in jail, fines, and probation

2. Grand Theft (Felony)

    - Consequences: Up to 5 years in prison, fines, and probation

3. Burglary

    - Consequences: Up to 15 years in prison, fines, and probation

4. Robbery

    - Consequences: Up to 15 years in prison, fines, and probation

5. Vandalism

    - Consequences: Up to 1 year in jail, fines, and probation

Understanding the Charges

- Intent to deprive the owner of their property

- Temporary or permanent taking of property

- Value of the stolen property determines the charge (petit or grand theft)

Defending Against Theft and Property Crimes

- Lack of intent

- Lack of evidence

- False accusations

- Self-defense

The Importance of a Miami Theft Attorney

- Knowledge of Miami theft laws

- Experience with theft cases

- Strong defense strategies

- Protection of your rights

Conclusion

Theft and property crimes in Miami can have severe consequences. Understanding the charges and seeking expert legal guidance from a Miami Theft Attorney can make all the difference. Don't face these charges alone – reach out to a Miami Theft Attorney today to defend your rights and freedom.

[realestatelawfl]

Estate Planning Attorney Hollywood FL

https://realestatelawfl.com/ - Looking for expert estate planning and real estate legal services in Broward County, Hollywood, and Miami, FL? Grimaldi Law Firm offers top-notch trust and will services, probate assistance, and real estate legal support. Contact us today!

[star101news]

Former Naples doctor takes plea deal, gets 4½ years on child porn charges

A former Naples urologist accused of possessing child pornography accepted a plea deal Friday, marking the conclusion of a drawn-out, five-year-old case.

Collier Circuit Court Judge Michael Provost sentenced Nicholas Franco, 62, to 4½ years in state prison. Franco had been arrested in 2012 and charged with 100 counts of possession of child pornography. 

The maximum sentence could have been five years for each count, said Assistant State Attorney Steve Maresca.

But because the "credibility and candor" of the lead detective were called into question while the case was pending, prosecutors did not have the leverage needed "for a longer sentence," Samantha Syoen, a spokeswoman for the State Attorney's Office, said in an email.

Once his sentence is served, Franco will have 72 hours to leave the country and relocate to Montreal to live with family there, said James Benjamin, Franco’s attorney.

If Franco doesn't comply or returns to the U.S. after his sentence is served, he will have to report to Collier authorities for 15 years of sex offender probation, Benjamin said. 

“But the defendant will not be placed on probation if he leaves the country after his incarcerative sentence within the 72 hours,” Benjamin said.

Provost denied Franco’s request to delay the surrender date for five months so he could repair his hurricane-damaged home, sell it and prepare his family for the relocation. 

“I'm not going to do five months,” Provost said. “It's way too long.”

More: Lawyer accuses detective and lawyer of withholding evidence in child porn case

More:Judge: Four-year child porn case against Naples doctor will proceed

Instead, Provost ordered Franco to return Jan. 12 to surrender and start his prison term. Until then, Franco cannot leave the 20th Judicial Circuit, which covers Charlotte, Collier, Glades, Hendry and Lee counties, except for trips to see his doctor in Miami-Dade County.

Franco, who has been out on bail since his 2012 arrest, attended Friday’s hearing, dressed in a suit and tie. He pleaded no contest.

In June 2012, detectives executed a search warrant at Franco's home in North Naples. They found a laptop containing 100 videos of child pornography, according to a detective's affidavit. 

Stymied by a series of discovery delays, motions, depositions and accusations by defense attorneys that detectives weren’t turning over evidence, the 2012 case slogged through the court system for years.

Also during the run-up to Friday's hearing, the Collier County Sheriff's Office detective who investigated the case and arrested Franco was fired for violating the agency's policy, according to an internal report. 

Detective Scott Rapisarda was fired Aug. 7 after an internal investigation found he notarized his own signature in a request for a subpoena and "willfully departed from the truth during a sworn deposition and under oath" in interviews with investigators, the report states.

The internal investigation was initiated when Franco's former defense attorney, Yale Freeman, filed a complaint with the Sheriff's Office, alleging the detective had violated his client's rights and the agency's policies.

In his appeal to the Sheriff's Office findings, Rapisarda acknowledged he "could have done better" in handling the subpoena request but denied the allegations made by investigators and Freeman, and said his actions didn't significantly affect the investigation.

When reached to comment Friday, Rapisarda said he was "painted as the bad guy" after working with the Sheriff's Office for more than 20 years and was not afforded an opportunity to explain his side to Sheriff Kevin Rambosk.

"Franco collects and possessed and distributed child pornography and tries to paint himself as a victim," Rapisarda said in an email.

"I maintain that I always worked to the highest standards with the CCSO; which is documented by numerous awards and accolades. I dedicated myself to these type (of) cases and maintain that I did not have a voice in this matter, meaning I do not feel I was given a fair shot or heard in my attempt to appeal the egregious decision that was made to withdraw my appointment."

Benjamin, Franco's current attorney, said his client was looking forward to resolving his case Friday.

“It was a long, long litigated case, which resulted in the firing of a Collier County detective,” he said. “Dr. Franco wanted to get this behind him, and it's in the best interest of him and his family to move on with his life.”

[carlinfirm]

ft lauderdale estate litigation lawyer - 954-440-0901

Resolve estate disputes with a trusted litigation lawyer in Ft Lauderdale. Our experienced team specializes in estate litigation, representing clients in will contests, probate disputes, and breach of fiduciary duty claims. Trust our expertise in estate law. Schedule a consultation for effective resolution of your case.

[timelinetreassures]

Probate Attorney In Houston, TX 12/23

Estate planning entails establishing a clear strategy for your assets in the event of incapacity or passing. This guarantees that your desires are followed and your loved ones are looked after. Probate refers to the legal procedure following death to administer and distribute the estate. Taxation pertains to taxes on asset transfers after demise.

If you're searching for a probate attorney in Houston, TX, Fleurinord Law PLLC is a highly respected law firm located in Miami, Florida, specializing in estate planning, taxation, and probate services. We comprehend the significance of this process to you, thus we assure utmost professionalism. Widely recognized for our thorough attention to detail and individualized client approach, we have established ourselves as trusted advisors in these intricate legal fields. With our expertise in estate planning in Miami, FL, you can rely on our adept management of your wealth! At Fleurinord Law, we provide unwavering representation for individuals, families, and small enterprises, safeguarding assets and nurturing wealth creation for enduring peace of mind.

[matthewgruber]

The Role Of An Estate Planning Attorney In Securing Your Legacy

An estate planning attorney is vital in helping individuals and families create comprehensive plans to manage their assets, provide for loved ones, and ensure their legacy is carried out according to their wishes. Explore their role, responsibilities, and the significance of their services in securing your legacy.

Understanding Estate Planning

Estate planning involves managing your assets and financial affairs to ensure proper distribution after your passing. Its primary goal is to distribute your assets according to your wishes, minimize taxes and probate costs, and provide for your loved ones in the event of your disability or death. A well-executed estate plan can also address important healthcare decisions, appoint guardians for minor children, and protect your legacy.

The Role of an Estate Planning Attorney

An estate planning lawyer is a legal professional who assists you in creating a comprehensive estate plan. Their role is multifaceted, encompassing diverse responsibilities that help meet your goals.

Assessment and Consultation: The process begins with thoroughly assessing your financial situation, family dynamics, and estate planning objectives. A skilled attorney will confer with you to comprehend your goals, concerns, and needs.

Customized Planning: An attorney develops a customized estate plan tailored to your unique circumstances based on the information gathered during the consultation. This plan may include creating legal documents such as wills, trusts, powers of attorney, and healthcare advance directives.

Asset Protection: Estate planning lawyers can advise on strategies to protect your assets from potential creditors, lawsuits, or other financial risks. They may recommend the usage of trusts or other legal structures to shield your wealth.

Minimizing Tax Liability: One critical aspect of estate planning is minimizing the tax burden on your estate. An attorney for estate planning can employ strategies to reduce estate and gift tax liabilities, ensuring more assets are passed to your heirs.

Avoid Probate: Probate is the legal process through which a court validates a will and oversees the distribution of assets. Estate attorneys can design plans that help minimize or entirely avoid probate, saving time and costs for your loved ones.

Healthcare and Guardianship: Estate planning encompasses decisions related to healthcare and guardianship. Attorneys can help you designate a healthcare proxy or create advance directives that follow your medical preferences. They can also assist in appointing guardians for minor children if necessary.

Updating and Review: Estate plans are not static; they should be regularly reviewed and updated to reflect changes in your life circumstances, financial situation, or legal regulations. Estate planning lawyers provide ongoing support to ensure your plan remains up-to-date and effective.

A comprehensive estate plan is crucial in ensuring your future and that of your loved ones. An estate planning attorney in Miami is pivotal in helping individuals and families assemble plans that safeguard their assets, provide for their loved ones, and preserve their legacy. With their legal experience, attorneys ensure that your estate plan aligns with your wishes, complies with legal requirements, and addresses complex financial matters. Consulting with an estate planning attorney is a guarded step towards securing your legacy and ensuring a smooth transition of your assets to future generations.

The Estate Plan

Address: 135 San Lorenzo Ave, #750, Coral Gables, Florida, 33146, US

Phone: (305) 677-8489

Website: https://www.theestateplanfl.com/

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[recentlyheardcom]

In September 2021, a tourist was sexually assaulted twice in one day in Key West — and the second attack was caught on the live webcam that live streams the famous Southernmost Point buoy.On Thursday, a Monroe County judge sentenced one of the defendants, the man who raped the 34-year-old woman at the landmark, to 10 years in state prison, followed by five years of probation.Kerry Calvin Gasag, 39, pleaded guilty to sexual battery, false imprisonment and evidence tampering. Had he gone to trial and a jury found him guilty, he faced up to 25 years in prison, said Assistant Monroe County State Attorney Joseph Mansfield.The crime was amplified by Gasag initially being perceived as the woman’s protector, interrupting her being raped by someone else on Fleming Street just moments earlier, only to make her into his own victim when they arrived at the Southernmost Point, according to police.A man in Boston watching the webcam saw the attack unfold and called Key West police to report it.But police didn’t find her until after the attack, when she ran down the street wearing only a top, according to the arrest report.Officers took her to Lower Keys Medical Center and later interviewed her in her hotel Casa Marina hotel room, about a half a mile down South Street from the Southernmost Point. The Miami Herald is not naming the woman.She told police her evening started with dinner on Duval Street, where she drank several glasses of wine. She told police that after dinner, she walked a few blocks to a bar, adding “a large portion” of her memory is missing after she arrived at the bar.She did remember meeting a man at the bar and getting into his car, but got out after feeling unsafe, she told police.Shortly after getting out of the car, however, a man grabbed her and forced her to the ground in a wooded area on Fleming Street and sexually assaulted her. The woman told police the man raped her for several minutes but she ran away when “for an unknown reason” he turned away from her.Police said the man who raped her on Fleming Street is Jorge Calderon Nunez, 32. His case in the attack is pending, said Mansfield, the prosecutor. He’s being held in county jail on a bond of $225,000.Detectives say a video found on the woman’s iPhone filled in the blanks in the victim’s memory and detailed the horror that took place as she was discovered by Gasag and afterward.In the video, a woman is heard crying and a man, Gasag, is heard telling her to “stop,” officers said in their report. Gasag then says, “stop means stop,” and tells the woman to get up off the ground.The woman told police that she initially thought that Gasag, who told her his name was Calvin, rescued her from her attacker.But she was being led further into harm’s way.Her cellphone video continued to record, picking up Gasag telling the woman he’d take her back to Casa Marina. On the way, he asked her if she wanted to have sex, according to police. Officers said in their report the woman “adamantly” told him no, and she wanted out of the car immediately.Gasag responded that he could have already had sex with her in the bushes and wanted to know why she didn’t want to be with him. According to police, the woman got out of the car in a panic, and that’s when her phone stopped recording.The webcam, however, pieced together the rest of the story, according to police. It showed Gasag putting his hand over the woman’s mouth and dragging her behind the Southernmost Point buoy.After a few minutes, police say the video shows the woman emerge partially clothed from behind the buoy, fall to the ground and then sprint east on South Street.The webcam also filmed Gasag pick up a pair of jean shorts, get into his car and drive away, police say.Police said in their report that Gasag was “clearly identifiable” in the video and they arrested him at his Northside Drive apartment.

[perlinestateplanningandprobate]

Three Primary Goals of an Estate Planning Attorney in Miami

Estate planning in Miami entails sophisticated legal techniques for protecting, managing, and eventually transferring an individual's assets most efficiently and desirably possible. To attain these goals, an estate planning attorney must navigate the complexities of Florida law. Here's a more thorough look at the three main aims these experts strive for:

1. Ensuring Legal Control and Preventing Court Involvement

A primary goal of estate planning lawyers is to guarantee that their clients maintain autonomy over their financial and medical decisions, free from needless judicial involvement. This is frequently achieved by creating intricate legal papers like trusts, wills, durable powers of attorney, and advanced healthcare directives.

Wills and Trusts: Wills and trusts are vital legal documents that outline a client's desires for the distribution of their inheritance upon death. In addition to ensuring that assets are dispersed by the client's desires rather than by default under state law, a well-drafted will or trust can avoid expensive and time-consuming probate processes.

Durable Power of Attorney: A durable power of attorney eliminates the need for guardianship granted by a court by allowing a person to name a trustworthy person to handle their financial affairs in the event of incapacitation.

Advanced Healthcare Directives: These guarantee the respect of a patient's medical choices, including those regarding life-extending procedures, without the need for judicial involvement.

2. Asset Protection and Minimizing Exposure to Liabilities

In Miami, where lawsuit risk may be high and consequences for estate value can be severe, asset protection is a major worry for many. Attorneys employ several techniques to shield client assets from debtors, litigation, and disproportionate taxation:

Types of Trusts: Irrevocable trusts, for example, can be used to remove assets from the client’s taxable estate, potentially shielding them from estate taxes and creditor claims. Such trusts are not alterable once established, meaning the assets placed within them are no longer considered the personal property of the trust's grantor.

Homestead Exemptions: In Florida, the principal house is frequently shielded from the majority of post-death creditor claims; nonetheless, careful planning is necessary to guarantee that these safeguards are completely implemented.

Family Limited Partnerships (FLPs): By putting commercial holdings into a partnership managed by family members, they can be utilized to lower inheritance taxes and shield assets from creditors.

3. Strategic Distribution of Assets

Efficient and strategic distribution of assets is perhaps the most recognized role of an estate planning attorney. This involves not just deciding 'who gets what,' but also planning the means of distribution to reduce taxes, avoid probate, and sometimes, continue a family business or legacy:

Tax Planning: Estate planning attorneys work to minimize the income, gift, estate, and generation-skipping transfer taxes associated with inheritance. Tools like the aforementioned trusts, charitable donations, and carefully structured transfers can significantly reduce tax liabilities.

Avoiding Probate: By creating and funding trusts, attorneys can help clients avoid the probate process, which can be public, costly, and time-consuming. Probate avoidance is particularly appealing because it maintains privacy and reduces the time beneficiaries wait to receive their inheritance.

Special Needs Planning: Attorneys often set up special needs trusts to ensure that beneficiaries who receive government benefits do not lose eligibility due to an inheritance. These trusts provide for the extra and supplemental needs of the beneficiary, above what the government provides, without disqualifying them from benefits​.

Through these detailed strategies, estate planning attorneys in Miami ensure that clients achieve their personal and financial goals, securing their legacy and providing peace of mind regarding their future and that of their loved ones. This process is comprehensive and tailored to each individual’s unique situation, illustrating the essential nature of professional legal guidance in estate planning.

[notebooknebula]

Understanding Real Estate Law With Al Nicoletti & Jay Conner

Private Money Academy Conference:

https://www.JaysLiveEvent.com

Free Report:

https://www.jayconner.com/MoneyReport

Join the Private Money Academy: 

Al Nicoletti is a Florida Bar Attorney with the capability of handling cases across the state and is headquartered conveniently in Jacksonville. FL. Specializing in Real Estate Law, Al serves investors, business owners, contractors, and landlords alike regarding Probate, Probate Litigation, Foreclosure Defense Litigation, Trust Administration, Wills, Trusts, Estates, and much, much More.

Al kills it on Florida Probate, going above and beyond for clients. Formerly educated and graduated from the University of Miami (Bachelor of Arts in Music and Minor in Business Law) and Barry University School of Law (Juris Doctor), Al is a Florida Bar Attorney with the capability of handling cases across the state and headquartered conveniently in Jacksonville, Fl.

Specializing in Real Estate Law, Al serves investors, business owners, contractors, and landlords alike regarding Probate, Probate Litigation, Foreclosure Defense Litigation, Trust Administration, Wills, Trusts, Estates, Personal Injury, and much much more.

Al’s success has been driven by the desire to serve each client with the attention they deserve, going above and beyond to find the most creative solutions, even if it takes an extra trip to the courthouse to see a Judge.

Timestamps:

0:01 - Get Ready To Be Plugged Into The Money

1:19 - Jay’s New Book: “Where To Get The Money Now”- https://www.JayConner.com/Book

2:34 - Today’s guest: Al Nicoletti

4:56 - Why did you choose to dive into real estate law?

8:45 - Understanding Probate

12:22 - Is it possible to transfer the title without using probate when the owner dies?

13:53 - What type of services do you offer to real estate professionals?

16:20 - Process for acquiring the title of the property

18:42 - What is your advice to real estate investors when doing probate deals?

20:23 - From a marketing angle, what is your advice to real estate investors doing pre-probate deals?

23:22 - Sample litigation case study.

25:57 - Foreclosure litigation case study.

28:01 - Al, what do you see happening in the foreclosure market of the real estate industry?

31:01 - Connect with Al Nicoletti - https://www.AlNicoletti.com

Private Money Academy Conference:

Free Report:

Join the Private Money Academy: 

Have you read Jay’s new book: Where to Get The Money Now?

It is available FREE (all you pay is the shipping and handling) at

What is Private Money? Real Estate Investing with Jay Conner

Jay Conner is a proven real estate investment leader. He maximizes creative methods to buy and sell properties with profits averaging $67,000 per deal without using his own money or credit.

What is Real Estate Investing? Live Private Money Academy Conference

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[beardedmrbean]

Mar. 27—A contractor convicted after he took money for home repairs from people after the 2019 Memorial Day tornadoes but did not do the work is in custody on unrelated charges.

Robert Tracy Greene, 56, of St. Paris on Thursday was named a most wanted suspect by Miami Valley Crime Stoppers for allegedly violating his probation. He was arrested by the Clark County Sheriff's Office and booked Friday night into the Clark County Jail for three traffic cases filed last year in Clark County Municipal Court, records show.

Greene was charged in February 2020 with 20 felony and two misdemeanor counts of theft involving 10 victims in Dayton and Trotwood. He was sentenced in November 2022 to up to five years of community control following his conviction on multiple theft counts and ordered to pay restitution to the victims he scammed, according to Montgomery County Common Pleas Court records.

He now faces five years in prison, according to the Crime Stoppers alert.

"On Feb. 13, 2023, the probation officer has presented to the court that the whereabouts of the defendant have been unknown since Jan. 31, 2023. Wherefore, the court finds the defendant is an absconder and orders that the period of time during defendant's absence from the jurisdiction of the division of criminal justice services of this court shall not apply as against the community control period herein," the order signed by Judge Timothy O'Connell stated.

Ohio Attorney General Dave Yost filed a lawsuit in February 2021 against Greene for exploiting homeowners following the tornado outbreak.

The lawsuit accused Greene, through his business TK Home Improvement LLC, of soliciting homeowners whose property was damaged and taking nearly $100,000 in payments between May 2019 and February 2020 but performing shoddy work or no work at all, according to complaints received by Yost's consumer protection section.

The Dayton Daily News first revealed the accusations against Greene and another local home improvement contractor in an investigation into complaints from tornado victims that unscrupulous contractors were delaying rebuilding from the 2019 tornadoes.

In 2019, Greene told the Dayton Daily News that he intended to finish the work on the tornado-damaged properties but couldn't because of open warrants, and that he intended to turn himself in. At that time, he had two warrants out for his arrest. He has been convicted of theft three times for contractor-related accusations: twice in 2012 and once in 2013.

The attorney who represented Greene in his criminal cases in Montgomery County declined to comment.

[kirlewlawfirm]

What You Need to Know About Probation Violations in Miami

When you are on probation or community control in Miami, FL, probation officers impose strict rules, and the consequence of returning to jail is never far. For those facing serious felonies, a probation or community control violation could lead to a no-bond hold and mandatory prison time. These court-mandated supervision terms include reporting obligations, travel restrictions, mandatory drug tests, unscheduled home or car searches, firearm prohibitions, and electronic monitoring.

What's the difference between probation and community control?

Following the resolution of a criminal case, offenders are often required to report to an assigned officer regularly and comply with the conditions specified in the judge's sentencing order. State-level probation is typically managed by local sheriff's offices or corrections departments, while the probation and pretrial services system oversees federal probation. Probation usually allows individuals to move freely within the community, work, attend school, and travel with court approval.

On the other hand, in cases involving serious criminal offenses, community control imposes stricter restrictions. Offenders on community control could face 24-hour lockdowns, curfews, and GPS monitoring. Work, education, medical appointments, attorney visits, and religious services may still be permitted despite the restrictions on community movement.

What are the different types of probation/community control violations?

Violations of probation or community control can be categorized as technical or substantive.

Technical violations include failure to pay restitution or court fees, failure to complete court-ordered community service, and employment issues. Absconding, failing to report, violating a house arrest, tampering with GPS monitors, a new law violation, and testing positive for illegal substances are all substantive violations.

What's the legal procedure following a violation?

Things follow a set legal path after a probation or community control violation in Miami, FL. Accused individuals find themselves under arrest, and they are taken before the division judge responsible for their case. Their attorney enters a “general denial" to the violation in this situation. The attorney then requests access to evidence (known as "discovery"), and if circumstances allow, they may seek bail or release.

Importantly, it is essential to understand that the accused is not automatically considered in violation when facing a probation violation accusation. Instead, it is treated as an accusation, entitling the accused to legal representation and a fair legal process.

To build a strong defense in such cases, gathering supporting evidence in advance and maintaining positive relationships with prosecutors and judges is vital. While there is no surefire solution to these complex situations, hiring an experienced Miami criminal defense attorney like Brian Kirlew, Esq. can significantly streamline the process and improve the chances of achieving a favorable outcome.

Final Words

Successfully navigating the challenges of probation and community control can be a daunting and stressful journey. However, when you have a trustworthy law firm in Miami, like the Kirlew Law Firm, by your side, things can become more manageable. It is important to remember that safeguarding your rights and striving for a positive resolution becomes much more achievable when you have the right attorney advocating for you. Be patient, be optimistic, and hire the right lawyer.

[realestatelawfl]

Probate Lawyer Miami FL

https://realestatelawfl.com/probate-attorney-miami-fl/ - Grimaldi Law Firm provides trusted probate legal services in Broward County and Miami, FL. Our experienced probate attorneys offer compassionate guidance through the complexities of estate administration. Contact us today!

[miamiprobate]

Navigate probate and estate matters confidently with our skilled Miami probate lawyer and estate planning attorney. At Miami Probate, we specialize in providing expert legal counsel for probate estate, estate planning, and estate law in Miami. Whether you're seeking a knowledgeable probate estate attorney or an experienced estate lawyer, our team is dedicated to guiding you through the complexities of the Miami probate and estate landscape.