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Questions Answered by Robert Edward Heyman
1 Answer | Asked in Personal Injury and Car Accidents for Florida on
Q: Can they come after my house, wages, savings and social security for the difference? How about husband's assets?

The wife was involved in an auto accident and hit a bicyclist in Florida. Bicyclist was injured. I have $100,000 insurance, but the bicyclist medical bills are over $200,000. Bicyclist has an attorney. Can they come after my house, wages, savings and social security for the difference? Can they... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Dec 2, 2024

I assume your insurance provider has contacted you and provided you with an attorney to deal with the plaintiff's lawyer. If not, contact your insurance company immediately. While the injured party's bills may technically be $200,000.00, often that is the "sticker" price rather... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How should my friend proceed with his case?

My friend was involved in a traffic stop after being accused of threatening someone with a gun. He says he gave the police consent to search for a gun (none was found) but not to open any bags or containers. The police found drugs in a bag while conducting the search. He is currently being charged... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 11, 2024

It appears that your friend gave limited consent to the police to search the interior of his car which was ignored by the police during the actual search. I would be curious to know the description of the bag in which the drugs were located. Large enough to have contained a firearm? If not, then he... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 6, 2024

Every negligence case has two parts: (1) Liability, and (2) Damages. It sounds like you have sustained significant damages, but the issue is whether the city created and/or was aware of a hazardous condition prior to your fall and did nothing to remove it. Florida law is very specific regarding... View More

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Someone broke into my shop, changed the locks, can I break into my own shop?

They are staying in a trailer next to my shop on my property. I just started the eviction process. They broke into my shop, switched the door and padlocked it and started filling it with their belongings. They never had any permission by me to enter my shop and they never bothered to ask for... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Call the local police immediately. You describe behavior that constitutes Burglary, Theft, Criminal Mischief and Trespassing. If verified, the police should arrest them. You will then be able to re-enter your shop, and remove their property since it has nothing to do with the eviction process. I am... View More

3 Answers | Asked in Personal Injury for Florida on
Q: my attorney had received an offer which was a 1/4 worth the value of the at faults claim coverage my attorney

My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

I suggest you have a heart to heart discussion with your attorney, as I see a communication breakdown here. You should seek additional treatment if you truly NEED it, not just to increase the value of your case. Experienced adjusters are not stupid and are looking out for claims that appear to be... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Could you tell what are the responsibilities when a state prosecutor is involved with a criminal case?
Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

As a former prosecutor in Pinellas County for 15 years, my function was to thoroughly investigate all criminal cases referred to the office by law enforcement and determine whether a prosecutable case existed and what was the likelihood of obtaining a conviction. The prosecutor's function is... View More

3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Hello quick questionI have a lawyer that’s trying to make me take a 200 Community hours for a plea deal I Submitted

A NON PROSECUTION AFFIDAVIT im not guilty of the crime but she just want me to take this plea I feel it’s not right because I am not guilty is there something I can do on my behalf I never been in trouble before.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Very simple. You need to have a very frank discussion with your attorney. No attorney can "make" a client accept a plea offer from the State. There are times when it may be in a client's best interests to accept a sweetheart deal from the State in order to avoid the risk of going to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hello. So I was arrested about 5 years ago. 2 counts paraphernalia, 2 counts possession of cocaine, 1 petty theft.

Two counts of possession were adjudication withheld. I completed and was released from probation without incident in roughly half the time. Can I get either the felonies or the petty theft expunged or sealed in any way?

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

The answer is that you may be able to get your records sealed. In order to be eligible, you cannot ever have been adjudicated for any criminal charge, either prior to or after the charges you mention. You can get an application off of the FDLE website. Application is made to FDLE, which will... View More

1 Answer | Asked in Personal Injury, Education Law and Landlord - Tenant for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Stop right now with thoughts of lawsuits and medical school.

While not named, I question why you would want to continue to attend a school which has already treated you so poorly. If the school is truly where you want to go, consider off campus housing. You cannot sue the school because...
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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

While you do not mention it in your question, you should immediately retain an experienced personal injury attorney. From reading your question, I am reminded of the adage that "a little knowledge is dangerous". You reference medical terms but I suspect you don't really know what... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Can a defender mother talk to his state attorney

I have proof that can help my son

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

The State Attorney will most likely not speak directly with you regarding your son's pending charges. I assume he has either hired an attorney or has been appointed the Public Defender to represent him. You need to contact his attorney and provide him or her with your information for their... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If there’s been a warrant issued, but no arrest yet, how can I find what the allegations are on the affidavit?

The clerks office doesn’t have anything online when I search the case # and when I call, there is a case file but they say there’s no activity on it.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

Sorry, but the only way to be able to see either the warrant or the affidavit is to wait until it is executed. At that time it will be filed with the local clerk. This is to protect the safety of the police officers who are attempting to execute the warrant, as well as those persons who may have... View More

1 Answer | Asked in Criminal Law for Florida on
Q: what legal action can be taken against someone who gave me post dated checks as a form of payment, without funds

he kept asking me for more time to cash the checks without any resolution

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

The problem with accepting a post dated check is that it transforms the check into a "promissory note" for which there is no remedy under the criminal statutes. In other words it is a "promise to pay at a future date" rather than an attempt to defraud the payee (you) on the date... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Is it illegal to pay someone hush money?

I am trying to understand the Trump hush money trial. Disregarding any falsifying of business records. If Trump was not running for an elected office and wrote a personal check to Daniels for hush money would that be considered illegal as long as Trump is not admitting to any illegal activity?... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

You are correct that it is not per se illegal to pay someone or some other entity "hush money" to prevent disclosure of certain information - usually embarrassing or harmful in nature. More accurately referred to as "non-disclosure" agreements, they are legally binding, and if... View More

3 Answers | Asked in Criminal Law for Florida on
Q: I’m looking for a lawyer that’s willing to take payment plans in Clearwater Florida (pinellas county)

My sister was charged with An A class felony of burglary/ assault after fighting with someone on Clearwater beach. Because she reached into her car and pulled her wig off they are saying it’s burglary. I don’t see how, but it’s Florida law. Camera doesn’t show anything the girl did to... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

It appears that your sister was charged with Burglary with the intent to commit a Battery. First, the scary sounding part. Burglary/Battery is a 1st degree felony punishable by life under Florida Law. Under different circumstances - such as when someone breaks into a house with the intent to harm... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: If I’m on pre-trial intervention and have no prior convictions can I still vote in bay county Florida
Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

I assume since you have been approved for a Pretrial Diversion program, you certainly do not have any criminal history that would prevent you from voting.

Educate your self about the candidates and vote !

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1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

1 Answer | Asked in Criminal Law for Florida on
Q: Have you ever heard of a person being sentenced to credit for time served in April and then receiving credit again for

the same time served in June on a separate charge and in front of a different judge?

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

That can happen. If the defendant was in custody on multiple charges, that credit applies to all of the pending charges, whether disposed of at the same time or not, and before the same judge or not.

1 Answer | Asked in Criminal Law for Florida on
Q: Police bust my house and search warrant was not signed by police or judge is this legal?

My daughters house was busted on 4/21/2011 alledging her with 25 other ppl of conspiracy to traffic in 28grams or more of pills.and unlawful use of a two-way device. they had no warrant and the warrant left at premises was not signed by the police nor judge. 13 ppl on case has been released without... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 17, 2011

You raise a number of issues in your question. First of all, only the Judge's signature needs to appear on the warrant. The police officer who provides probable cause must sign an affidavit establishing probable cause. That affidavit should be attached to the warrant. While the warrant left at... View More

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