Corey B. Trotz is a senior partner of Nahon, Saharovich & Trotz PLC. Prior to joining the firm in 1990, Mr. Trotz was a law clerk for two Shelby County Circuit Court Judges, The Honorable Wyeth Chandler and The Honorable Charles O. McPherson, Circuit Court Judges of Shelby County, Tennessee. His areas of practice include personal injury, automobile accidents, workers’ compensation, products liability, and civil litigation.
In 2007, Mr. Trotz was designated as a “Mid-South SuperLawyer”, by a national organization which identifies the top 5% of attorneys in each state, as chosen by their peers, through independent research. Corey Trotz is licensed to practice in both Tennessee and Arkansas. He has served as the Board President of the Exchange Club Family Center, an organization dedicated to the prevention of child abuse and family violence, and as a Board member of BRIDGES, Inc., an organization designed to empower youth. Corey B Trotz also contributes time to a myriad of charitable and civic organizations. H
With the dearth of shows on television which portray police officers and court scenes most all of us have heard of the Miranda warning and have at least some level of knowledge regarding Miranda. On June 13, 1966, the Supreme Court handed down the now-landmark Miranda v. Arizona case which clearly established that all criminal suspects must be fully advised of their rights prior to the interrogation. The Miranda decision hails back to March of 1963 when a young woman told police she had been abducted and raped and her description of the car and license plate caused the police to bring in Ernesto Miranda for questioning in the matter. Call our Florida DUI attorneys for a free consult.
The young woman did not identify Miranda in the line-up, yet he was nevertheless brought into custody and interrogated, with police officers leaving the interrogation with a full confession which Miranda later renounced. Even though Miranda’s original confession differed substantially from the victim’s account of the crime, his own defense attorney declined to call any witnesses at trial and Miranda was subsequently convicted. As a result of this case, every person who is under arrest must be informed of his or her rights.
In case you are not much of a television watcher, the Miranda warning says—in the abbreviated version—that the suspect has the right to remain silent, and should they choose not to remain silent anything they say will be used against them in a court of law. Further, Miranda states that the suspect has the right to an attorney, and that if they are unable to afford an attorney one will be appointed for them by the court.
Miranda Following an Arrest
Once you have been placed under arrest for DUI, the officer absolutely must read you your Miranda rights if they plan on using any statement you make against you. This is an important distinction—Miranda applies only from the instant you are placed under arrest, however while the officer is determining whether or not he has probable cause to arrest you, he is not required to read you your Miranda warning and can ask questions of you freely. Because of this seeming discrepancy in the law, many Florida DUI lawyers have begun to train police officers to gather as many incriminating answers as they possibly can during the pre-arrest phase.
In other words, if the officer asks you if you have been drinking before he decides to formally arrest you, your answer can later be admissible in court and will surely be used against you, even though you were not under arrest and had not been Mirandized. Further, even though it is obvious that once you are handcuffed you are surely under arrest, some police officers will delay reading you your Miranda rights. The reason for this is because in most states across the nation you do not have the right to speak with a lawyer prior to deciding whether to take a breath or blood test. The odds are greater that you will cooperate and submit to the chemical test if you don’t have the opportunity to speak to a lawyer, and the police officer definitely wants you to talk as much as possible before he has to read you your rights.
Requesting a Miranda Hearing
If you are facing a DUI conviction and you feel you were not properly advised of your rights, your attorney can request a Miranda hearing where the prosecutor has the burden to prove your Miranda rights were read to you, you fully understood them, and that you specifically waived your rights, voluntarily making statements and answering questions. The prosecutor is charged with proving that not only did you understand your rights and waive them voluntarily but that you did so knowingly and intelligently as well. If you have been arrested you should absolutely contact an experienced Florida DUI attorney immediately, and even more so if your arresting officer did not read you your Miranda rights. It is critical that you have an advocate in your corner during this time of your life to help you through the process and do their best to safeguard your future.
When a person seems to have no serious injuries after an auto accident, that person may believe it would save them time and money to just make an insurance claim instead of going through litigation. He or she would possible miss out on the extra compensation they deserve by simply filing an insurance claim. Essential medical and rehabilitative care may not be an option if you waive your rights to claim for injuries that don’t immediately show.
Insurance companies are only trying to make the amount paid on the claim as low as possible, although they may initially seem supportive because of how quickly they reach a settlement offer. The claim will always be worth more than the insurance company offers. It isn’t possible to properly judge how suitable the offer is without a experienced lawyer. A person may be seriously injured in a car wreck even if the vehicle itself isn’t. A denial of compensation for injuries is common when the car suffers little damage because the insurance company will claim that the accident is low impact. Even if the vehicle doesn’t suffer terrible injuries, the person driving it can be gravely wounded.
All injuries, known or unknown, cannot be claimed after you sign the general release the insurance company asks you to sign when they offer to settle a claim. Serious injuries not being noticeable at first is quite common in car wrecks. Over time, injuries such as torn ligaments and tendons, head and neck damage, spinal injuries, and bone fractures may become apparent, but by then it will have been too late to claim it with insurance. Many of these injuries require serious medical attention and rehabilitative care, but after the general release has been signed the injured driver cannot obtain any compensation. When it is believed that the injuries are only minor and medical treatment is refused, the problem increases drastically. There is a risk that serious injuries have occurred that the driver isn’t aware of, and medical treatment should always be accepted so this can be determined.
The proper worth of an insurance claim will be determined by an expert who evaluates a clients medical and accident report records when a person involved in a car accident goes to a Atlanta car accident lawyer for help. When they factor in the injuries sustained, damage to the vehicle, and nature of the liability the lawyers will be able to advise their client on whether the offer is reasonable or not. A person without a lawyer cannot obtain a fair claim with insurance companies and their lawyers, who handle claims of this sort for a living. Medical treatment without needing payment at that time is possible with a medical lien, which an attorney can help their clients acquire. There is always a difference in compensation received when comparing a person who had the help of a lawyer, with a person who handled it by themselves.
An Atlanta car accident attorney will work tirelessly so that their clients, whether injuries are apparent at the time of the accident or not, will recieve the maximum value in their insurance claim. Many people suffer from injuries that arose far after the accident and far after they have settled with their insurance company. A free consultation from an attorney can help a person feel better about their claim and perhaps even learn what they need to do about their injuries.
Workers compensation is wherever a good injured individual or staff will be injured in a place of work automobile crash or with an act accompanying their work and is authorized for some type associated with settlement. Work compensation legal document furthermore extends to accidental incidents that might have happened whenever in leadership development training or throughout training events. You will need to note in which a great injured party may be authorized to payment whether or not they’re to blame or otherwise not.
Common compensation payments consist of a lump sum payment payout from insurers or amends for lack of income, any medical costs, and other further charges from your injury including reclamation. Worker’s compensation attorneys like Corey B Trotz speak with and investigate the particular promises regarding injured employees and search any indemnity that may be due in their mind fully degree that they are due.
These attorneys are usually a necessary as well as wise choice for lots of people, which feel they have a work compensation claim as they’re able to file proper declare and ensure where many incident accounts as well as medical varieties are usually accomplished carefully.
After you have chose to prosecute a state, as well as if you are simply curious as to whether you are covered , you should talk to a worker’s compensation attorney like Corey Trotz to be able to understand just what might be owed to you in indemnity and in addition how you can declare them. Naturally, it’s also crucial that you consider the attorneys’ charges, even though several operate by taking a proportion of one’s overall honors in addition to court fees. You need to be conscious of you’ll need to talk about the issue of costs with the compensation legal professional beforehand as most fees will not simply function as price of hiring the attorney themselves but additionally the costs from the court action itself, which can be between $50 to several hundred for easy situations.
Workers compensation attorneys, they may be usually specifically trained for this section of what the law states, using a content in general payment law for workers and fundamental medical instruction, that means they are educated to understand all aspects of a case. Typically, they have got set up connections within the health profession that are in a position to correctly recognize as well as catalogue any kind of accidental incidents through a compensation perspective that may also supply the essential documents for the case.
Not only is getting divorced an emotional event, quite often it can be a financial hardship as well. It could even be that your financial issues were one of the underlying causes of the divorce. If your finances are in such poor shape that it is highly likely both of you will be filing for bankruptcy following the divorce, you might want to think about possibly filing bankruptcy as a married couple—before you file for divorce.
Like almost everything in life, there are critical timing implications when you are considering bankruptcy. Obviously if one party will be fiscally fine after the divorce they will be unlikely to agree to file joint bankruptcy with the other, however if there are financial problems all the way around, then pride should be swallowed, the divorce should be delayed, and joint bankruptcy should be filed.
Advantages of Filing Chapter 7 Joint Bankruptcy
Should you decide to file joint bankruptcy, you will only be required to pony up one filing fee, plus you will only have attorney fees for one attorney rather than two. Additionally, you may be able to qualify with your spouse through the means test for Chapter 7, when you would not be able to as separate individuals. During a means test for Chapter 7, your joint household size will be considered, as will your joint amount of disposable income.
Due to the way your debts could be divided during the divorce, you could end up with one spouse eligible to qualify for a Chapter 7 bankruptcy filing, while the other is not. Further, if you and your spouse have a significant amount of joint debts, and only one spouse files, the non-filing spouse will continue to owe and be liable for debt payment while the filing spouse will have his or her share of the debts discharged during bankruptcy.
Why You Should Not File Joint Chapter 13
Because a Chapter 13 bankruptcy filing is a minimum 36 month commitment, it is strongly advised against filing Chapter 13 prior to a divorce. Most couples who are on the brink of divorce are highly unlikely to be able to remain together for 3-5 years simply to fulfill their bankruptcy obligations, therefore they end up getting divorced right in the middle of a bankruptcy which is not recommended.
Complications of Filing Joint Bankruptcy then Filing for Divorce
Once bankruptcy is filed, you will receive a stay which will stop most creditors from attempting to collect on your debts. This stay does not prevent you from petitioning the court for child support or alimony. The bankruptcy court will consider which property is exempt, and can’t be used to pay your debts, then the divorce court will divide the exempted property. Common exemptions include your home (up to a certain amount), your primary car, a specified amount of household goods and clothing.
Filing Bankruptcy after the Divorce
If either party files for bankruptcy following the divorce, they must be fully aware of the fact that if the divorce decree made them liable on the mortgage payment then bankruptcy will not remove that obligation. For this reason, any person who is in the middle of a divorce, and is contemplating filing for bankruptcy should absolutely inform his divorce attorney of this possibility because it could make a huge difference in how your attorney will attempt to structure your finances during the divorce.
Going through divorce and bankruptcy at the same time is complex and confusing, therefore you should either consult with your divorce attorney, or find a knowledgeable bankruptcy attorney who can help you with any issues.
There was a time when domestic violence was a family matter resolved between a couple privately without serious criminal penalties or long-term consequences. The political climate has changed in recent years so that domestic violence allegations can mean substantial criminal penalties including jail time, fines, domestic violence classes, probation and other penalties. While domestic violence is certainly a serious issue, these types of cases perhaps more than any other are often based on false allegations and ulterior motives. Domestic violence allegations often arise out of divorce and child custody disputes where one party can gain a significant advantage from merely a domestic violence arrest let alone a conviction. A mere arrest for domestic violence can result in an order having you excluded from your family home, allowing your spouse or significant other to have custody of your children, and limiting you to little more than supervised visitation or no access at all to your children.
If the police are called to your residence based on domestic violence allegations, they are virtually required to arrest at least one of the parties if there is any indication that there has been a struggle. Many police officers particularly male officers still tend to assume that the man is the aggressor so if there is any indication that there was a struggle the man is likely to find himself taken into custody. Even if the alleged victim later recants as is common in domestic violence cases, the prosecutor will often choose to proceed with prosecuting a domestic violence case despite the fact that the alleged victim no longer wishes to seek prosecution and has recanted her original story.
The assumption made by law enforcement and prosecutors is that the complaining witness was in fact the victim of domestic violence but has recanted her story merely to avoid having the family breadwinner incarcerated or to keep the family unit intact. Unfortunately, the assumption by police and law enforcement that the first version of events is the true version does not take into account the strategic advantage that can be gained by using domestic violence allegations as a sword rather than a shield in a divorce or child custody dispute.
The alleged victim in a domestic violence case may never intend to follow through on a criminal case but recognize that even the allegation will provide a strategic advantage. The alleged victim may also make the allegations in a moment of anger or spite but presume that nothing is actually going to happen to the accused. The problem is that when these allegations are made in the heat of a nasty argument or divorce/custody dispute, the accuser sometimes does not realize that it can be virtually impossible to un-ring the bell.
Domestic violence type offenses that a prosecutor may charge a person with include the following:
· Simple assault
· Aggravated assault
· Battery/spousal abuse
· Aggravated battery
· False Imprisonment
· Violation of restraining order
The penalties for domestic violence offenses are serious. A domestic battery conviction can result in a statutory mandatory sentence, statutory mandatory fine and a court-ordered batterer’s intervention program that lasts 26 weeks. In addition to the criminal sentence, a person who is convicted of a domestic violence offense faces additional adverse consequences including a negative impact on immigration status, divorce and child custody arrangements, the ability to own a firearm, professional licensing and employment restrictions and the freedom to travel as you wish. If you are currently under investigation or have been charged with a domestic violence offense in Florida, you need an experienced Florida domestic violence attorney who will carefully analyze the facts of your case and develop a strategy best suited to preserving your freedom and protecting your future.