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Questions Answered by Daniel Marc Berman
1 Answer | Asked in Car Accidents for Florida on
Q: If a telephone pole is damaged in an auto accident, is it the company's responsibility to fix the damage?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

The telephone company should fix it but they can seek payment for the damages from the person responsible for the damage/accident

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaaccidents.com

1 Answer | Asked in Criminal Law for Florida on
Q: When does a police have the right to search a vechicle if they stop you for a tag light
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

If you give consent or if they search your car incident to your arrest, or if they have probable cause.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: How would one find out charges being faced before turning self in
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

You might be able to find out from the clerk of courts web site in the particular county. That will only be the case if the charge has already been filed though.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: How do i legally tape a phone conversation with a state institution?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

You must inform the person on the other side of the conversation that they are being recorded and give their consent.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: Why would i be subpoenaed for a friend's violation of probation hearing?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

Either the defendant or the state must believe that you have relevant information to provide. Contact the person who sent you the subpoena

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: How can I find out when a sentencing date will be in Florida?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

The clerk of court in each county generally has a web site were you can access that information by providing the defendants name and other information or case number.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Juvenile Law for Florida on
Q: When I was 17, I was arrested for grand theft. I had it sealed/expunged, will it show up on a level 2 background?

It was in florida, and I am trying to get an RN degree to become a nurse, and the shcool I want to go to does a level 2 background screening.

Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

There is a difference between sealing and expunging. You seal a case that you either pled guilty or no contest to and received a withholding of adjudication. You expunge an arrest that was subsequently not filed, dismissed, or you were found not guilty of. Either way, the case should not show up on... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Case law changing theft/dealing stolen prop. into a civil matter? (FL)

My sister in law sold prop. belonging to me, was stored on their prop.(which is in my brother's name & he stands by me),I filed charges and she was arrested. The state att. told me that her att. is supposed to be showing him case law that will show this is a civil suit instead of criminal.... Read more »

Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

Florida's civl theft statute is 772.11

http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS04/CH0772/Sectio...

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

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1 Answer | Asked in Car Accidents for Florida on
Q: What is a penalty while backing vehicle hit another on a parking lot
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

The police may or may not give you a citation which will cost you a couple of hundred dollars. You will be liable to the owner of the other car for damages though your insurance may cover it.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaaccidents.com

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: When suing an insurance company, who do send the "service of process" to?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

You really should have an attorney's assistance when taking on an insurance company, but you can generally look up the company on the Florida Department of Insurance's web site or on sunbiz.org to find the registered agent in Florida.

Daniel M. Berman

Berman &...
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1 Answer | Asked in Criminal Law for Florida on
Q: What can I expect if I had just been charged w petite theft then 2 weeks later grand theft?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

It will depend on your criminal history and a number of other factors but grand theft in the 3rd degree carries a maximum sentence of up to 5 years in prison

1 Answer | Asked in Domestic Violence for Florida on
Q: Can my husband drop my charges? If so how long does he have to wait before doing so?

I was charged with Assault with Strangulation.

Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

Only the State Attorney can actually drop the charges but your husband can give them his input and feelings let them know that he wants then to dismiss the charges. He should do this as soon as possible.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: How to get out of a subpoena for witness testimony in a court over 100 miles away when I am out of town
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

You can ask the Court or the attorneys to reset the case for another date. Absent of that, you must appear if you were properly served with the subpoena.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaarrests.com

1 Answer | Asked in Car Accidents for Florida on
Q: What is a penalty while backing vehicle hit another on a parking lot
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

The police may or may not give you a citation which will cost you a couple of hundred dollars. You will be liable to the owner of the other car for damages though your insurance may cover it.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaaccidents.com

1 Answer | Asked in Criminal Law for Florida on
Q: What are my rights when i have been wrongfuly arrested? they tell me they are arresting me on something I am not doing
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

Best advice is to not resist the police while they arrest you. Don't say anything and refuse to answer and questions without a lawyer. Then hire a lawyer and fight your case in court.

1 Answer | Asked in Criminal Law for Florida on
Q: Can an officer arrest on a non violent felony more then a week after a "crime" has happened without an arrest warrant
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

Yes. As long as the officer has probable cause for the crime.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaarrests.com

2 Answers | Asked in Car Accidents for Florida on
Q: My family was in car accident I was driving . We sued for damages to my children but now the money is in a trust?

I can't have access to but I'm the one who contacted attorney to sue in our behalf , can this be changed and why would the attorney have access to that account .

Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

The money for your children's injuries is likely be held in trust per directives of the court. Especially if there was significant recovery. You certainly should have access to moneys received for any injuries you suffered individually, if any.

Daniel M. Berman

Berman &...
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1 Answer | Asked in Criminal Law for Florida on
Q: Why would attorney feel the need to file a 28:2255 Motion to Vacate?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

This type of motion is the Federal equivelent to Florida rule 3.850, post sentence/conviction relief, often for ineffective assistance of counsel.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaarrests.com

1 Answer | Asked in Medical Malpractice for Florida on
Q: My husband had the Flu vacc. and 2 weeks later got sick. At the hospital was not treated for that and die. Mal practice?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 3, 2012

This may be malpractice though an attorney would have to get more information from you to determine if you have a lawsuit against the hospital, or perhaps even the vaccine manufacturer.

Daniel M. Berman

Berman & Tsombanakis

www.southfloridaaccidents.com

1 Answer | Asked in Criminal Law for Florida on
Q: How long does the clemency board take to aprove you gun right back

I apply for my gun right back it when to second face of the process since Nov 2011 I would like to know how long it will take for the clemecy board to aprove it or not

Daniel Marc Berman
Daniel Marc Berman
answered on Apr 2, 2012

There is no specific time frame. It could take anywhere from a few months to over a year or more.

Be aware, the specific authority to own, possess, or use firearms in Florida can only be restored by the Board of Executive Clemency. There is an eight year waiting period from the date...
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