With all due respect, I'm sure you're a very smart person and an excellent attorney but I doubt you've ever prosecuted a case of either reckless driving or fleeing and eluding. I've prosecuted both...
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With all due respect, I'm sure you're a very smart person and an excellent attorney but I doubt you've ever prosecuted a case of either reckless driving or fleeing and eluding. I've prosecuted both...
Compare the case a couple of days ago where the Uber driver used deadly force against an unarmed man. The jealous aggressor pulled in front of the Uber driver blocking his path, exited his vehicle,...
No, there is no obligation to charge every offense. However, if the prosecutor has elected not to charge a crime s/he may not bring evidence of it into a trial on the offense that has been charged...
We can quibble all day, but in the end I believe I've pointed out a valid strategy for a business owner to legally avoid some of the taxes on income from a business that I didn't see being...
I was not responding to the OP, I was responding to the comment by flyingron that a single member LLC "doesn't enable you to do anything you couldn't do before." It does in fact enable the business...
I did not refer to an s-corp owner because there is not one. There is an LLC member and the LLC has elected to be taxed as a corporation. Yes, it is a two-step process for an LLC to be taxed as an...
That is patently untrue. A single member LLC can elect to be taxed as a subchapter S corporation as I described earlier. It's the form 8832 "check the box" election. Please refer to my earlier...
I personally favor the flexibility of an LLC because it can elect to be taxed as a subchapter S corporation. Then it must pay working members a reasonable salary. Once it does that, any additional...
My crystal ball is broken, sorry.
That's everyone's goal. I've never met a prosecutor who wanted to convict an innocent person. I've not see SYG serve the purpose of convicting fewer innocent people. I wish we could have a perfect...
Self defense is a defense. It does not confer immunity from prosecution. It's a defense that is raised at trial and if believed by the jury they are instructed to find the defendant not guilty. At...
This sounds like where a guy tells his doctor, "Doc, it hurts when I do this" and doctor replies, "well, don't do that!"
Whether there is ever a legitimate reason to have a car in 1st gear going...
Look, I don't see snark as being particularly helpful to anyone. The legal claim would certainly be a bailment claim and an argument could be made that the valet company was acting as an agent of the...
Many auto policies disclaim coverage if the vehicle is not being operated by a licensed driver. You did not have a valid license when this happened. You need to read your policy. We haven't...
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Actually, with the 2017 revision to SYG Florida's legislature shifted the burden to the state. Once a defendant puts forward a prima facie claim of self-defense immunity from criminal...
Thanks for all the great input. This situation applied to me personally. Turns out cbg and jk were exactly right. When my wife sent the letter electing COBRA coverage that took care of the whole...
I believe the distribution of the loan amount will be set as of the date it was no longer repayable, i.e. the date her employment terminated. If that is the case, as I believe it is, then none of...
There are myriad examples, but lets say I happen upon a scene where a robber has a gun to a victim's head demanding their money. They become startled by my presence and take note of me. I pull my...
I believe the legislature was trying to protect citizens from prosecution who are legitimately defending themselves or others. The notion of being able to "stand your ground" rather than having to...
Before making an arrest the police had to develop probable cause to believe your daughter committed the crime. They would take statements from the parties concerned, any eyewitnesses to the episode,...
Without a doubt prosecutors' jobs are significantly more difficult under the current version of SYG, with little additional protection of the rights of innocent people.
That's the problem. Florida judges apply SYG inconsistently. There is disagreement among the District Courts of Appeal about the most recent revision the legislature made to the law last year. It's...
Your county is in Washington and is therefore governed by the Infraction Rules for Courts of Limited Jurisdiction. Rule 3.1(b) states:
It appears from this rule that there is limited...
Exactly as I had predicted. The state attorney has filed felony charges. The judge has set a $100k bond. The defense will now file for a SYG hearing and ask the court to find that the defendant has...
Even if trust income does not meet the $600 threshold it is still a good idea to get the EIN and give it to reporters of income so that they will issue any forms 1099 under the correct taxpayer ID...