The principal goal of estate[1] planning is to see that the wishes of the person who accumulated property[2] are met. The most familiar method for addressing this goal is a valid Last Will and Testament. An additional tool maybe a Revocable Living Trust[3]. Both of these legal tools are primarily designed to direct disposition of […]
The Origin and Meaning of the Miranda Warnings
February 7, 2013 by
The Miranda warnings are part of American criminal justice and American popular culture. Where do they come from? What do they mean? Ernesto Miranda was the name of a 23 year old Mexican immigrant. The United States Supreme Court in 1966 announced a constitutional rule of criminal procedure requiring that police must advise a suspect of several […]
Gideon v. Wainwright, 50 Years Later, Did Clarence Gideon Write His Appeal? Part 2
February 6, 2013 by
Clarence Earl Gideon had an eighth grade education and a long criminal history. He had been sentenced to prison for the fifth time. Upon his arrival he began to study law for long hours in the prison library. As the story goes, eventually, with a pencil and paper he scratched out an appeal to the […]
Gideon v. Wainwright, 50 Years Later, Did Clarence Gideon Write His Appeal? Part 1
February 6, 2013 by
Thanks to television crime dramas and police shows, everyone is familiar with the following: “You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” The story of those familiar words started with a Bay Harbor, FL poolroom break-in in 1961. The break-in resulted in the arrest, […]
Requirements for a Valid Last Will and Testament in Florida
February 4, 2013 by
While Florida gives a person much freedom to dispose of his property (known as his “estate”) at his death, this freedom is gained only through the execution of a valid will. To be valid a will must meet defined formalities. Will execution formalities and the consequences of not having a valid will are found in […]
Real Estate Contract Contingencies & The Attorney Review Period
February 2, 2013 by
People making an offer to buy a home should be certain the written contract offer includes an attorney review period. Small contract matters can have big consequences. Residential real estate transactions typically begin with a written offer from an interested buyer to a seller. Form contracts[1] are often used with blank spaces for the property […]
One Pleasant and Ten Practical Reasons to Have a Last Will and Testament
January 30, 2013 by
About seventy percent of Americans do not have a will. Many procrastinate. They believe they do not have enough assets or they simply do not want to consider their own mortality. If someone has not written a will, one has been written for them. State law determines what happens to the property of someone who […]
Florida Misdemeanor Law
January 26, 2013 by
While less serious than felonies, a Florida misdemeanor arrest and guilty finding leads to criminal records with the FBI and state police. Florida misdemeanors carry a maximum punishment of a fine and up to one year in jail. Crimes for which a person may be punished by more than one year in jail or in […]
Affirmative Defenses to Criminal Charges: Self-Defense, Necessity, Entrapment, Insanity & Intoxication
January 25, 2013 by
In some criminal cases the defendant admits committing a criminal act. A legal excuse or justification may exist. This is an affirmative defense. For a person to be guilty of a crime, there are two things that must exist. The person must perform an action that is prohibited by law, and do so with an […]
Driving With a Suspended License in Illinois
January 23, 2013 by
The State of Illinois can suspend or revoke a person’s driving privileges for 36 reasons. Over 500,000 people in Illinois are unable to legally drive. Driving[1] with a suspended or revoked license (DWLS) in Illinois[2] is a serious matter. It is a criminal offense. Many people assume getting a ticket for driving while suspended is no different than any […]
