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Questions Answered by Mr. Lowell J. Kuvin
1 Answer | Asked in Criminal Law for Florida on
Q: Is a "stop and frisk" finding drugs and making an arrest lawful?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Yes, if the officer can articulate to the court a proper reason for the initial "Terry Stop" (the pat down).

1 Answer | Asked in Criminal Law for Florida on
Q: By mistake I missed my court date 4 days ago and now I'm turning myself in to the jail, What can the judge do to me?

I was misinformed of my court date and never been in trouble with the law before and not sure how long I can be held in jail?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

The judge can continue your incarceration, release you on your own promise to show, or allow you to bond out. If you gave yourself up, I would expect the judge to give you a second chance and perhaps increase your bail. You can also go directly to the judge and ask him to set aside the bench... View More

1 Answer | Asked in Criminal Law for Florida on
Q: My truck was sold to me with a bad engine, now they won't fix it. wants to give me my money back. I want the truck fixed
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

The terms of the contract were truck for money. Truck had bad engine. Courts will either set aside contract (mutual mistake or item not bargained for) but will not reform the contract to make prior owner fix engine.

2 Answers | Asked in Criminal Law for Florida on
Q: If you took a offer of indecent exposure,did everything you were suspose to do can you have that removed off your record
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

Usually you can. However, it also depends on any other crimes you might have been arrested for and/or any special circumstances that might have surrounded your initial arrest. The agencies you must apply will make that determination. I suggest you find an attorney who specializes in... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: How can I file a motion to dismiss a no contact order without an attorney? What is the proper paperwork?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

You can write a motion and file it with the court. Send a copy of it to the judge and ask him to dissolve the no contact order. You have to be the person that the order was entered for and not the person the order was entered against. After you send the copy to the judge, call his/her chambers and... View More

1 Answer | Asked in Criminal Law for Florida on
Q: I was arrested for Resisting Officer w/o Viol in FL., and the Officer placed drugs on me and were either fired or Susp.

And I received a no info notice from the Prosecutors Office. Recently I received an Expunction for this 20+ year old case. The State of Florida allow "Administrative Expunctions" which are requested by the Arresting Agency when the arrest was in error. Now that the arrest has been... View More

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

You can send a certified copy of the expungement order to the FBI and ask that your record (if you have one, most people do not) be expunged of the same offense. Normally, your FBI record would not be discoverable by private employers or other non-governmental persons/agencies.

1 Answer | Asked in Criminal Law for Florida on
Q: What is considered to excessive, "Use of Force" when making an arrest?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

More force than is reasonable given the circumstances. The court usually compares what another "reasonable officer" would have done.

1 Answer | Asked in Criminal Law for Florida on
Q: WHEN IS A 856.011/M FLORIDA CONSIDERED A FELONY
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

A quick reading of the statute shows a habitual offender will always be charged with a misdemeanor but after a third offense, can be forced into rehab. The simple answer is, unless another crime is committed while drunk and charged, never.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a search warrant be served if no one is home?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

It would depend on the circumstances surrounding the warrant and whether there are any specific instructions or limitations imposed by the court. Not all warrants are identical. There are no-knock warrants (bust down the door and secure the premises, then search) which do not require anyone be... View More

1 Answer | Asked in Employment Law for Florida on
Q: What recourse do I have when I have been working for a company and I haven't been paid for 6 weeks?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

You have many options if you are an hourly employee. First you can send demand letter to your employer demanding payment. You must list the amount your owed, the time/hours you worked, and the rate at which you were suppose to be paid at. Your employer has 15 days to pay you the amount you demanded... View More

1 Answer | Asked in Employment Law, Family Law and Probate for Florida on
Q: If the teacher dies does her spouce continue getting her retirement checks
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

If your spouse chose the option for you to receive the benefits, then you should. In return for choosing the spouse option, they would receive a lower benefit each month as opposed to receiving a higher benefit for not choosing the option.

2 Answers | Asked in Personal Injury for Florida on
Q: How will I have known If the Personal Injury attorny filed the right documents on my behalf scense he had my case.
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 21, 2010

First speak to your lawyer or someone in his office. If you are still concerned, make a copy of your court file (or have your lawyer provide you with a copy) and take it to another lawyer to review. it is your case and your right to hire who you think is the best lawyer for you.

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1 Answer | Asked in Employment Law for Florida on
Q: If a company promises you a commission, are they obligated to pay remaining commission if you go on a leave of absence?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 7, 2010

The answer to your question depends on many different factors, none of which you have included in your fact pattern. I will review a few ideas about commissions and employment, hoping that my review will help you somewhat. The two main issues are whether you had a contract with your employer which... View More

1 Answer | Asked in Employment Law for Florida on
Q: I was terminated for no reason other than "just because"..yet realise the reason was probally for reporting safety issue
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Dec 7, 2010

Florida Statutes afford persons who have been terminated from employment for "whistle Blowing." There are two private causes of action; one for public and one for private employees. Your fact pattern does not say "who" you worked for so the purposes of this answer, I will guess... View More

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