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Questions Answered by Daniel Marc Berman
1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: What form do I need to file to stop on order to mediation in my family law case
Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

There is no specific form that I am aware of. If the court ordered mediation, just attend.

2 Answers | Asked in Small Claims for Florida on
Q: Can a company hire counsel to represent them in small claims court in Florida?

I am bringing a company in to small claims court. They are threatening to countersue me for their counsel fees. Is a company able to hire counsel to represent them in small claims court in Florida?

Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

yes

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1 Answer | Asked in Family Law for Florida on
Q: I have an injunction for a restraining order against my x-wife. The hearing is in one week. Do I need an attorney?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

It is not required to have an attorney for injunction hearings but it is strongly recommended.

www.southfloridaaccidents.com

1 Answer | Asked in Employment Law for Florida on
Q: HIred 1 1/2 years ago no typing test. Now they are requiring I take a typing test on own time. is this legal?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

Unless you have an employment contract that says contrary, yes it is legal

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord asked us to move, we did. He is sueing us for past due rent, security, and damages. What are my rights?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

If you are being sued then you need to hire an attorney immediately or if not you must answer the suit on your own.

www.southfloridaaccidents.com

1 Answer | Asked in Public Benefits for Florida on
Q: Can the census bureau lawfully fine me for not returning a "supplemental questionaire"? They get too persnal w Questions
Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

I don't believe so but read the paperwork they sent you carefully

www.southfloridaaccidents.com

1 Answer | Asked in Criminal Law for Florida on
Q: My son is currently in prison as a youthful offender but was giving 6 years and 4 years probation, is this legal?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

If a youthful offender sentence was imposed, there is generally a 6 year maximum COMBINED for prison and probation, so if he did in fact get 10 total years it certainly should be looked into by hiring an attorney.

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: I was convicted in 2008 for Federal Student Assistance Fraud For which I served 2 years in prison.

I was 21 then now 24 I basically used my brothers name to get a student loan I was denied counsel when i was arrested and practically forced to sign a bunch documents

Daniel Marc Berman
Daniel Marc Berman answered on Jun 27, 2012

What is your question?

www.southfloridaarrests.com

2 Answers | Asked in Criminal Law for Florida on
Q: How can a man recieve two life sentences for drugs and rapeist child molesters and murders recieve ten to fifteen years?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 26, 2012

Good answer above. Cases cannot be compared to each other. Especially when they are completely factually different.

www.southfloridaarrests.com

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1 Answer | Asked in Criminal Law for Florida on
Q: If you have been charged with first degree murder, can the State make you take all of the lessers charges during trial?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 20, 2012

Your question is fairly confusing and omits facts and information needed in order to answer it.

www.southfloridaarrests.com

2 Answers | Asked in Criminal Law for Florida on
Q: Does throwing a knife, that falls short, and the thrower claims no intended harm still constitute assault?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 20, 2012

It actually could be much worse then assault. Perhaps even throwing a deadly missle/object which is a 2nd degree felony. If you have been charge or are being investigated, you need an attorney immediately.

Daniel Berman

www.southfloridaarrests.com

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2 Answers | Asked in Criminal Law for Florida on
Q: I have a battery charge pending against me from my previous employer "Florida State Hospital". I am innocent what to do?

A male resident/inmate got out of controlled and pushed me down after he was attempting to punch me in my face I swung my arm out and started knocked his hand down whenever he tried to hit me in my face. This resident has sent me to the hospital before and the hospital did nothing as far as follow... Read more »

Daniel Marc Berman
Daniel Marc Berman answered on Jun 18, 2012

Only the State can charge you criminally with battery, so it's not your employer charging you. If you have a criminal charge pending against you then you need to hire a criminal defense lawyer to fight the case for you.

www.southfloridaarrests.com

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2 Answers | Asked in Criminal Law for Florida on
Q: Can a record for child abuse in florida be expunged?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 18, 2012

The only way that charge can be expunged is if either the state attorney declined to file on the case, the case was filed but dismissed by the state or court, or if you were acquitted or found not guilty of the charges at a trial. If you pled guilty or no contest to the case, even if you received a... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: Is disobeying a police officer's order a crime in Florida and what is the law that supports it?
Daniel Marc Berman
Daniel Marc Berman answered on Jun 15, 2012

Yes, it is a misdemeanor, punishable by up to 1 year in jail though there often are good defenses for it.

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: TRAFFIC IN HEROIN - 4 GRAMS TO UNDER 30 KILOGRAMS what time does it carry
Daniel Marc Berman
Daniel Marc Berman answered on Jun 15, 2012

It is a First Degree Felony and thus punishable by a maximum of 30 years.

However there are minimum mandatory sentences depending on the amount.

Between: 4 grams and 14 grams: 3 years

14 grams and 28 grams: 15 years

28 grams to 30 Kilograms: 25 years

If you have...
Read more »

2 Answers | Asked in DUI / DWI for Florida on
Q: Fla resident arrested in Ga, ch'd Driving w/lic suspended, dui. Pled guilty, sentenced to prob, susp dl 1 yr.

Is it legal to go back to FL on day of release and get new DL and start driving?

Daniel Marc Berman
Daniel Marc Berman answered on Jun 15, 2012

When your probation is up you certainly can go back to Florida. I doubt Florida will give you a DL if you have a 1 year suspension in Georgia though.

www.southfloridaarrests.com

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1 Answer | Asked in Criminal Law for Florida on
Q: I have an outstanding arrest warrant from 1989, from us custom .is it still alive? how can i find out?thanks so m
Daniel Marc Berman
Daniel Marc Berman answered on May 29, 2012

If it hasn't been cleared or taken care of, then I would assume it is still active. I'm not sure how you would find out thought as they generally don't just list warrants on their web sites or databases.

www.southfloridaarrests.com

1 Answer | Asked in Products Liability for Florida on
Q: What federal statute covers products liability + design defects?
Daniel Marc Berman
Daniel Marc Berman answered on May 22, 2012

I'm not sure of the federal statute but that kind of claim is often brought under State law

1 Answer | Asked in Criminal Law for Florida on
Q: How can someone be charged w/poss of. meth & paraf. from DNA found on a pipe?

And ultimately connected to a theft in the local vicinity due to pipe found.

Daniel Marc Berman
Daniel Marc Berman answered on May 22, 2012

This is called a "residue" case and is allowed under Florida law, though sometimes they are hard to prove and can be aggressively challenged in court by hiring a good attorney.

www.southfloridaarrests.com

2 Answers | Asked in Criminal Law for Florida on
Q: How do i go about getting a 9yr old possesion charge expunged
Daniel Marc Berman
Daniel Marc Berman answered on May 22, 2012

Hire a local attorney to do that for you. It is not as easy as a process as you would think.

www.southfloridaarrests.com

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