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Questions Answered by Daniel Marc Berman
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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2 Answers | Asked in Criminal Law for Florida on
Q: What is a first degree felony
Daniel Marc Berman
Daniel Marc Berman
answered on May 22, 2012

A crime punishable by up to 30 years in prison

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1 Answer | Asked in Criminal Law for Florida on
Q: How do I get notification that my supervised release has ended?
Daniel Marc Berman
Daniel Marc Berman
answered on May 22, 2012

Contact your probation or parole officer for that information.

www.southfloridaarrests.com

2 Answers | Asked in Criminal Law for Florida on
Q: I been charge with shoplifting under 100 dollars and I want to plea no contest first court date but I want to be judi-

Cation guail witheld this my first time charge for stealing

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

Hire an attorney to represent you to insure you het the withhold

www.southfloridaarrests.com

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2 Answers | Asked in Juvenile Law for Florida on
Q: How do i obtain information on a case that my 16 yr old daughter was subpeona for?
Daniel Marc Berman
Daniel Marc Berman
answered on May 22, 2012

If it was a juvenile case then those records are not public and you will not be able to see the court file.

If it is an adult case, then go to the clerk of courts office and ask to view the file.

Daniel M. Berman

www.southfloridaarrests.com

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2 Answers | Asked in Personal Injury for Florida on
Q: Had 14 gallons of gas sprayed on me and van at racetrac should i sue and if so $
Daniel Marc Berman
Daniel Marc Berman
answered on May 22, 2012

Although I'm sure it was a terrible experience, unless you suffered some form of actual physically injury that is significant, it's probably not a good lawsuit.

Daniel M. Berman

www.southfloridaaccidents.com

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1 Answer | Asked in Criminal Law for Florida on
Q: What happens if I can prove that cops lied during a criminal trial where the lies may have contributed to a conviction.
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 25, 2012

You should consult with an attorney who will review the information and possibly file a motion for post conviction relief.

www.southfloridaarrests.com

1 Answer | Asked in Car Accidents for Florida on
Q: Is an accidental experation of a drivers license always a criminal Violation in Florida
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 9, 2012

There is no differential between "accidental" expiration of a DL and "non accidental." If the DL has been expired less then 6 months then it is generally just a citiation. If it is more than 6 months, then it is a misdemeanor.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridarrests.com

1 Answer | Asked in Car Accidents for Florida on
Q: Can you have your wages garnished in florida for an at fault auto accident?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 9, 2012

If you have been sued and a judgment was entered against you for damages, then in addition to some other options, wage garnishment is certainly an avenue that the other side will pursue.

1 Answer | Asked in Car Accidents for Florida on
Q: About 2 years ago my vehicle was the front car in a 3 car collision.The middle vehicle did an extra tap into my car

Due its driver's foot coming off the clutch after ther rear driver impacted him. Rear driver's carrier is accepting only 50% liability; middle driver's carrier accepts no liability.

1. Who do I file a claim against--rear driver alone?; middle and rear driver?; or both... Read more »

Daniel Marc Berman
Daniel Marc Berman
answered on Apr 9, 2012

You should file an insurance claim against both driver's. If you were hurt in the accident then you really should have an attorney handle this for you.

Daniel Berman

Berman & Tsombanakis LLC

www.southfloridaaccidents.com

1 Answer | Asked in Criminal Law for Florida on
Q: What is the punishment for battery 784.03 first degree s 775.082 or 775.083?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 5, 2012

784.03 includes misdemeanor Battery which is punishable by up to 1 year in jail, But if the person has a prior battery, agg. battery or felony battery conviction and they commit a subsequent battery, then it could be charged as Felony Battery and thus punishable by up to 5 years in... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My husband is on probation in Santa Ana, Ca, I am living in Fl, can he transfer his probation to California to Fla
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 5, 2012

Generally yes, though the new state must agree to accept him, which they usually do. He should contact his current probation officer to discuss and start the transfer process.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: I was accused and arrested for assault when I did not commit any physical contact.The police are acting on the hearsay
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 5, 2012

Assault by its defination does not require any physical contact. If there was physical contact then it would be battery.

Assault is merely putting someone in fear of the threat of violence.

Daniel Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: What do you get on the first violation of community control
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 5, 2012

Depends on a number of factors, mainly; what crime you were on community control for, how you violated the community control, and your criminal history.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaarrests.com

1 Answer | Asked in Criminal Law for Florida on
Q: What is petit theft first degree
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 5, 2012

It is the taking of property with the intent to deprive, either temporarily or permenantly, valued under $300. It is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine. If it is over $300 it becomes Grand Theft and is a felony.

1 Answer | Asked in Criminal Law for Florida on
Q: I am going to be sentence to 2 yrs misd. probation in Ulster county NY can I have it transferred to FL where I'm from
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 5, 2012

Generally yes, though all the transfer paperwork would have to be done in NY and then the county where you want to live in Florida must agree to accept you, which generally shouldn't be a problem

Ask your probation officer in NY to start the process

Daniel M. Berman

Berman...
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1 Answer | Asked in Car Accidents for California on
Q: I bumped into someone's car at a stop light and they are claiming all sorts of physical distress and settle privately.

I feel like I should just file a claim with my insurance. Any advice?

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

If you were involved in an accident with damages to people you should always report this to your insurance company. This is why you have insurance.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaaccidents.com

1 Answer | Asked in Car Accidents for Florida on
Q: Is it illegal to drive a passenger truck in fl without a front bumper?
Daniel Marc Berman
Daniel Marc Berman
answered on Apr 4, 2012

I would think that operating a motor vehicle without a front bumper would be considered operating with unsafe equipment and subject you to an infraction/moving violation.

Daniel M. Berman

Berman & Tsombanakis LLC

www.southfloridaaccidents.com

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