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Criminal Defense

December 25, 2011 By Leave a Comment

IMPORTANT NEWS—

A Jury Must Consider a Criminal Intent to Commit a Crime
When Looking at Drug Charges in the State of Florida

Since 2002, Florida’s Drug Abuse Prevention and Control Law, FLA. STAT. § 893.13, as amended by FLA. STAT. § 893.101 made Florida the only state in the nation to eliminate mens rea when considering a drug offense.

As of July 27, 2011, this portion of the law has been found to be unconstitutional and the jury must once again consider whether or not the person had intent to commit the crime in drug-related cases.

A copy of the finding can be found online at: http://www.nacdl.org/public.nsf/newsissues/amicus_attachments/$FILE/shelton_habeas_order.pd

Definition:

Mens rea: “As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness.”

http://legal-dictionary.thefreedictionary.com/mens+rea

If you have questions about Criminal Law or how this finding may affect your case, call attorney at law, John Pangallo for a consultation at (941) 954-3611.

 

 

Sealing and Expunging Records

Is your past following you around and ruining your future?

Do you have a criminal or arrest record that is ruining your chances of employment?

If you answered ”yes” to these questions it might be time to consult a qualified Criminal Law attorney about getting your records sealed or even expunged.

Right now, all the of details of your case can be seen by the public. This means your employer, your family, even your neighbors can see all the details of your case, often for free online by accessing the public records from their home computer! An attorney can help you petition the court for post-conviction or post-arrest RELIEF!

If your record is sealed then all they will be able to see is the date of your case and a case number. If it is expunged, it will no longer be online and no one but law enforcement can see it at all.

Can you imagine what it would be like to leave some of your past behind you and live a real life again?

Attorney at law, John Pangallo, can be reached at (941) 954-3611 for a free consultation on your case. Don’t delay, this could turn your life around!

 

 

 

John Pangallo Law Office

2201 Ringling Blvd # 205

Sarasota, FL 34237

Phone: (941) 954-3611

John Pangallo on Facebook

Bus: Fruitville Rd @ Lime N Ave

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Family Law

April 7, 2011 By Leave a Comment

2011 Leads to Major Changes in Child Support Guidelines in Florida

Changes in the Florida Family Law Statute have brought major changes to the child support guidelines in Florida which took effect in January 2011.

First, any new child support orders are now written to automatically terminate (without an additional visit to court) upon the child turning 18, unless there are extenuating circumstances that would extend the order. Also, if there are multiple children, the child support amount will be pre-calculated and broken out to reflect the amount owed over time as each child turns 18 and their portion of the support ends.

Second, a huge is change is how the child support amount itself is calculated. Previously, this was based on a mathematical formula based on each parent’s gross income and how much “overnight” parenting time each parent was responsible for— now, the child support amount will be customized for each parenting situation and a lower number of overnights (as little as 73 per year) will now be considered “Substantial Time Sharing” and will change the child support amount owed.

These changes could affect how much you owe or receive for child support in the state of Florida. If you are beginning the process of establishing a child support order or divorcing, contact attorney at law, John Pangallo for a consultation at (941) 954-3611.

 

LEGAL NEWS—

New Alimony Law Takes Effect in Florida

There is a new alimony law in Florida, Florida Statute §61.08, that took effect July 1, 2011. Basically, the purpose of the new alimony law is to clarify the wording of the previous alimony law.

The new law requires that for “permanent alimony” to be awarded in cases of short-term (less than 7 years) and moderate-term marriages (7 to 17 years) there must be “clear and convincing” evidence of “exceptional circumstances”.

An example of an “exceptional circumstance” might be in a case where one spouse become totally and permanently disabled during the course of the marriage.

New protections have been added to the law to make sure that complying with the alimony awarded does not leave one spouse with significantly less money than the other. You can read the new statute for free online at: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.08.html

If you are divorcing and you or your spouse is likely to request alimony, it is important to seek the counsel of a qualified family law attorney. Attorney at law, John Pangallo, can be reached at (941) 954-3611 for a free consultation.

 

 

 

 

John Pangallo Law Office

2201 Ringling Blvd # 205

Sarasota, FL 34237

Phone: (941) 954-3611

John Pangallo on Facebook

Bus: Fruitville Rd @ Lime N Ave

Filed Under: Family Law, Featured Posts Tagged With: , ,

Personal Injury

April 7, 2011 By Leave a Comment

Click it or Ticket in Florida

Did you know that in Florida you can be pulled over and ticketed for failing to wear your seatbelt? The popular belief is that you must also have committed another traffic infraction in order to be pulled over and ticketed for failure to wear a safety belt; however, this is not actually true. Since 2009, the Dori Slosberg and Katie Marchetti Safety Belt Law has been in effect allowing officers to pull over and ticket motorists for failing to wear a seatbelt without any other infraction present. Fines in most counties are over $100 for this infraction, so failing to wear your seat belt is not only dangerous, but it is also expensive!

You can read more about the law for free online at: http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=39880

If you have been in an accident and are in pain, whether or not you were wearing your seat belt at the time, you may wish to consult with attorney at law, John Pagallo about your situation. John handles Personal Injury and Criminal Law cases so he may be able to assist you will all aspects of dealing with a car, bike, or pedestrian accident. He may be reached for a consultation at (941) 954-3611.

 

Do you have proof that you have been exposed to a sick building or asbestos?

Whether you or a family member has been sickened by Mesothelioma or if you can prove that a relative died from Mesothelioma you may have a personal injury claim. Mesothelioma can show up between 10 to 40 years after the exposure, but it is important to seek out legal advice as soon as possible in these cases in order to PROTECT YOUR RIGHTS.

Different states have different statues of limitations (this limits the amount of time after an incident, accident, or exposure that you have to pursue a claim and file for damages). Some states allow as little as one year to file a claim after a diagnosis of Mesothelioma.

In cases of asbestos poisoning (which can lead to Mesothelioma) a case could be made to ask for damages to be paid by the manufacturer of the asbestos, the insurance company, or a special victims’ trust fund. You can read about the laws and dangers of asbestos online for free at: http://www.epa.gov/asbestos/ and http://asbestos.laws.com/

Attorney John Pangallo cares about you and your family, if you feel like your or a loved one’s health has been damaged by harmful exposure to asbestos or someone you know if suffering from Mesothelioma contact John today for a free consultation. The John Pangallo Law Offices can be reached at (941) 954-3611.

Filed Under: Featured Posts, Personal Injury Tagged With: , , , , , ,

Immigration Law

April 7, 2011 By 1 Comment

Florida Immigration Law

 

Date Chamber Action
03/16/2011 Senate • SPB 7066 submitted as a committee bill (SB 2040) by Judiciary
• Filed
03/22/2011 Senate • Referred to Judiciary; Criminal Justice; Budget -SJ 273
03/23/2011 Senate • Introduced -SJ 273
03/30/2011 Senate • On Committee agenda– Judiciary, 04/04/11, 3:15 pm, 110 Senate Office Building
04/04/2011 Senate • CS by Judiciary; YEAS 5 NAYS 2 -SJ 408
04/06/2011 Senate • Pending reference review under Rule 4.7(2) – (Committee Substitute)
• Original reference(s) removed: Criminal Justice
• Remaining references corrected to Budget -SJ 415
• Now in Budget
• CS by Judiciary read 1st time -SJ 413
04/08/2011 Senate • On Committee agenda– Budget, 04/13/11, 1:30 pm, 412 Knott Building –Temporarily Postponed
04/11/2011 Senate • On Committee agenda– Budget, 04/14/11, 1:30 pm, 412 Knott Building –Not Considered
04/14/2011 Senate • On Committee agenda– Budget, 04/15/11, 1:30 pm, 412 Knott Building –Not Considered
04/29/2011 Senate • Withdrawn from Budget -SJ 605
• Placed on Calendar, on 2nd reading
• Placed on Special Order Calendar, 05/02/11 -SJ 614
05/02/2011 Senate • Placed on Special Order Calendar, 05/03/11
05/03/2011 Senate • Read 2nd time -SJ 738
• Amendment(s) adopted (730724) -SJ 738
• Ordered engrossed -SJ 742
• Placed on 3rd reading
05/04/2011 Senate • Read 3rd time -SJ 790
• CS passed as amended; YEAS 23 NAYS 16 -SJ 790
05/04/2011 House • In Messages
05/07/2011 House • Indefinitely postponed and withdrawn from consideration
• Died in Messages

John Pangallo can help you understand the laws concerning your immigration application and status and help you to understand the immigration law and process in the United States. Attorney at law, John Pangallo’s offices offer language services in Spanish, Portuguese and Russian, as well as English. He may be reached for a consultation at (941) 954-3611.

 

BREAKING NEWS—

 

New Policies Announced to Make it Easier for Immigrant Entrepreneurs to Qualify for Permanent Residency in the U.S.

On August 4, 2011, the federal government announced some policy changes and clarifications that will make it easier for immigrant entrepreneurs to qualify for permanent residency in the United States. These are not new laws, but clarifications to previously existing policies effecting employment-based visa programs for the EB-2 and the EB-5 visa.

A clarification was also given offering more details on who qualifies under the H-1B specialty visa program for foreign workers in occupations that require expertise in a field, such as science, engineering and computer programming.

You can read the announcement online for free at: http://www.dhs.gov/ynews/releases/20110802-napolitano-startup-job-creation-initiatives.shtm.

If you are seeking a visa in the United States, it is important to seek guidance and counsel from a qualified Immigration lawyer. Attorney at law, John Pangallo is available for a free consultation concerning your needs at (941) 954-3611.

 

Filed Under: Featured Posts, Immigration Law Tagged With: , , , ,

Immigration

April 7, 2011 By Leave a Comment

If you need answers to your questions about immigration, call us today. 941-954-3611

John Pangallo Law Office

2201 Ringling Blvd # 205

Sarasota, FL 34237

Phone: (941) 954-3611

John Pangallo on Facebook

Bus: Fruitville Rd @ Lime N Ave

Filed Under: Featured Videos, Immigration Law, Immigration Law Videos, Video Center Tagged With: , , , ,