by Matt WilliamsHow Much Money Can I Get Paid After Being Shot on Someone Else’s Property?
Unfortunately, people are injured in shootings every day. In most cases, the shooter is held criminally responsible for the shooting. In some cases, the owner of the property where the shooting occurred is held liable in civil proceedings for failing to provide adequate security. How? In Florida, property owners and property managers are required to protect individuals on their property from foreseeable third-party crime. That being said, if a property owner or property manager fails to warn you about potential third-party crime, or if they fail to protect you from third party crime, and you are shot, then you should speak to an attorney at The Law Office of Matthew C. Williams about your situation. There is a good chance Attorney Williams can recover money for your injuries.
The exact amount of money that you receive after being injured in a shooting depends on a few factors. The extent of your injuries, your medical bills and the property owner’s insurance policy limits are the three most important components in determining how much money you’ll receive (in most cases businesses have a commercial general liability policy with a $1 million policy limit). Future medical costs, pain and suffering, and how much time you missed from work will also be considered in determining the amount of compensation you’re eligible for. Some people question why the property owner is responsible for a shooting committed by someone else, but the property owner had a legal duty to protect you from the shooting. Also, the purpose of receiving money after a shooting is to “make you whole” again, or to put you back in the position you were in before the shooting. In most cases, making you “whole” is nearly impossible, so the money you receive is supposed to get you back to a place of normalcy like the shooting never happened.
The extent of your injuries is always a major factor in evaluating a negligent security claim, but the exact value of injuries can be difficult to calculate since everyone’s injuries are valued differently. For example, a shooting involving a young Olympic athlete who remains in the hospital for 2 months and can never walk again without assistance will be valued differently than a shooting involving a young man who is grazed in the arm and does not have permanent injuries. That is true because the Olympic athlete’s earning capacity will be diminished much greater than the other young man’s earning capacity. It is also true because the Olympic athlete’s past and future medical costs will be higher, and because the Olympic athlete had to endure much more pain and suffering. Obviously, the young man who was grazed would still receive compensation for his injuries, but the Olympic athlete would likely be able to recover far more for his or her damages given the differences in their injuries.
Medical bills are objective and can be easily calculated, but damages for pain and suffering are extremely subjective. Using our example above, the Olympic athlete and the other young man man will likely recover different amounts of compensation for damages arising out of pain and suffering at the time of the accident since they experienced vastly different injuries. They also had and will have different experiences with how long the pain lasted, how much they continue to suffer and how much they plan to rehabilitate their injuries. The Olympic athlete in our example may require multiple surgeries and physical therapy in the future as he or she attempts to learn to walk/run again, while the young man who was grazed may decide to never seek any follow up treatment. Even when injuries are similar in nature, damages for pain and suffering or future medical costs may be drastically different.
The Law Office of Matthew C. Williams has recovered millions of dollars for clients injured in shootings, and we can help you recover a significant amount of money if you were injured in a shooting as well. If you have been injured in a shooting or some other situation, then you should contact The Law Office of Matthew C. Williams to determine how much compensation you can receive for your injuries. Insurance companies will oftentimes dispute liability, argue your injuries are not as bad as they seem, or they will delay their case until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that the insurance companies have.
The Law Office of Matthew C. Williams focuses primarily on negligent security matters and we take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsCan the Police Look Through My Cell Phone or Search My Cell Phone Without a Warrant?
No, law enforcement cannot search your cell phone without a warrant or probable cause. That being said, there are a number of legal exceptions that will allow law enforcement to search your cell phone without a warrant. Given the fact that your cell phone most likely contains all of your personal information, private photos, and other details of your life, you need to know how to exercise your rights when law enforcement attempts to look through your cell phone.
Everyone has a Fourth Amendment right to be free from unreasonable searches. That means that law enforcement cannot search you or your personal belongings without a warrant (there are some people such as inmates, school children or people crossing the border who do not have the full protection of the Fourth Amendment and can be searched without a warrant). That also means that the Fourth Amendment applies to your cell phone, even if you are pulled over, arrested or otherwise being investigated by law enforcement. No matter what the situation is, law enforcement has to have probable cause or a warrant to search your cell phone.
In most situations, law enforcement will not have probable cause to go through your phone so they will ask you for your consent to search your phone. If you ever find yourself in a situation where law enforcement is asking to search your phone then you should ALWAYS say no. Beyond the fact that you have a right to not have a police officer look through your phone, your phone may contain passwords, bank account info or private photos that you do not want to share with law enforcement. It’s important for you to remember that refusing a search cannot be held against you at all, so don’t let the officer talk you into consenting to the search. Regardless of the circumstances, you should never give an officer consent to search your cell phone.
In some situations, law enforcement will have probable cause to seize your cell phone, which they will do on scene, and then they will apply for a search warrant to search your cell phone at a later time. Oftentimes, this happens during a traffic stop. For example, if an officer pulls someone over and finds drugs, baggies and a scale in the vehicle, then law enforcement will have probable cause to believe the person is selling drugs. In this situation, the officer can seize the person’s cell phone based on the probable cause that the driver is selling drugs, and then the officer can apply for a search warrant to search the phone for evidence of drug sales. In most cases, the officer will look through photos and text messages on the phone to determine if there is evidence of drug sales on the phone. In this situation, the driver will not be able stop the officer from seizing their phone because the officer developed probable cause based on what was found in the car.
Law enforcement can also seize or search a phone without a warrant if there are exigent circumstances present. Exigent circumstances include emergency situations requiring swift action to prevent imminent danger to life or serious danger to property, or to stop the imminent escape of a suspect, or to stop the destruction of evidence. For instance, if law enforcement is arresting someone they believe has kidnapped a minor child and they believe the person’s cell phone contains information about the location missing child then law enforcement may be able to go into the phone without a warrant. In this situation, if the child’s life is in immediate danger and waiting on a warrant could put the child’s life in further peril, the police would be able to get into the phone without a warrant or consent due to the exigent circumstance; however, these situations are rare.
There are very few other exceptions to the warrant requirement for cell phones, but every situation is different. Either way, if the police seize, search or otherwise go through your phone without a warrant then you should contact a lawyer before moving forward with your case. Law enforcement will oftentimes hold and/or search cell phones without the legal authority to do so, so it’s important for you to speak to an attorney who has experience dealing with law enforcement and cell phone seizures. More importantly, if the police pull evidence off of your cell phone illegally then whatever evidence they found should not be admissible in court, so contacting a lawyer is always in your best interest.
If law enforcement searched your phone then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the search or seeking the suppression of any evidence found as a result of the illegal search. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling juvenile delinquency cases his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his juvenile clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for your child. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsWhat Should I Do After a Slip and Fall?
Slip and falls are usually unexpected, embarrassing and painful. The last thing anyone wants to do after falling is continue reliving the incident, but here are some steps you should take immediately after falling that may be helpful for you and your attorney in the future.
One of the most important things you need to do is seek medical treatment for your injuries. Oftentimes, the pain you experience immediately after a slip and fall is minimal, but in most cases the pain increases over time. Despite how you initially feel, seeking immediate medical treatment for your injuries is important because it prevents defense lawyers and insurance companies from later arguing that your injuries are superficial or exaggerated. It also documents the fact that you actually have injuries and helps prevent the value of your case from decreasing. You also need to follow any recommendations you receive from your medical provider. If you don’t follow recommendations and/or complete follow up treatment then the value of your case will decline, so make sure you seek medical treatment and follow all of the recommendations that you receive from medical professionals.
If you do not go to the emergency room via ambulance, then you also need to do everything you can to document the incident with the landlord, property owner or store manager before you leave the property. Even if you are taken to the emergency room via ambulance, you should report the incident to the landlord, property owner or store manager over the phone as soon as possible. You also need to make sure the person who you report the incident to documents your slip and fall on some sort of incident report form. Also, do everything you can to get a copy of the incident report or the accident report after the incident is reported. Insurance companies do everything they can to avoid paying out a claim, and taking steps to report the incident can prevent defense lawyers or the insurance company from denying the incident ever happened.
In addition, you should take as many pictures as you can of the area where you fell. You should take pictures from different angles and you should obtain video footage if you can. Your attorney may not be able to obtain surveillance from the store or business, so the photographs and footage that you record may end up being the only visually documentation of the incident that anybody has. Without photos of a wet floor, unsecure floor mat or other dangerous condition, the insurance company will oftentimes deny that there was any substance on the floor in the first place. That being said, take as many phots as you can before the conditions change.
Furthermore, you should try to find out how long the dangerous condition that you slipped on was on the ground. The longer the condition was there the stronger your claim is against the landowner or businessowner. Along those same lines, if the dangerous condition was not there long and the landowner or businessowner was not aware of the dangerous condition then they may not be liable for your injuries, so finding out how long the dangerous condition was present can be helpful as well.
Also, obtain witness information if there are other witnesses present. These witnesses can help verify the fact that you fell, the fact that there was a dangerous condition on the ground and the fact that you did not fall on your own. If you don’t obtain contact information for witnesses who are present then your lawyer may never be able to contact them again.
Last but not least, contact your lawyer. While you don’t always have to call a lawyer the same day you are injured, it’s important to contact a lawyer as soon as possible so your lawyer can take steps to preserve evidence and document your injuries before that information is no longer available. You also want to avoid running into an issue with the statute of limitations as it applies to your slip and fall. The statute of limitations puts a limit on the amount of time that you have to file a lawsuit arising out of your slip and fall. In Florida, if you are injured in a slip and fall then you have four years from the date of the incident to file a lawsuit. If the lawsuit is not filed within that four-year period then you will not be able to move forward with your lawsuit.
If you have been injured in a slip and fall or trip and fall, then call the Law Office of Matthew C. Williams today. We can represent you in your slip and fall claim and we can answer any questions you have about the process of filing a personal injury claim in Florida. We can also talk to you about the value of your case. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.
by Matt WilliamsCan the Police Speak to My Minor Child Without My Consent?
Yes, the police can speak to, question and even detain a minor without contacting their parent or guardian in Florida. Under Florida law, a police officer can approach and speak to minors while they are in school, out in public or at home alone, and the police can proceed with questioning the child about a crime they were involved in, an incident they witnessed or a crime that they were the victim of without obtaining permission or consent from the minor’s parent.
One major difference between an adult and a minor being questioned by the police is the ability of the minor’s parents to prevent the interview. Generally, if the police are questioning an adult then no other adult can prevent the questioning. For example, if Joe, a 19-year-old college student, is with his mother when he is approached by the police for questioning about a grand theft auto, then his mother cannot prevent the police from questioning Joe because Joe is an adult. However, if Michael, a 14-year-old high school student, is with his mom and the police approach him to question him about a bag of marijuana that was found in his car, then his mom can stop the police from questioning Michael because Michael is a minor. The police would also be required to stop their questioning if a lawyer hired by Michael’s mother refused an interview on Michael’s behalf. Minors in Florida are awarded that extra protection, but law enforcement will oftentimes approach the minor for questioning when no parents are around to prevent a parent or lawyer from stopping the interview.
For that reason, it’s important that your child knows that they can always refuse to be questioned. Whether your child is questioned by a neighborhood patrol officer, the school resource officer or a seasoned detective, they always have the right to refuse to answer questions. They can also ask to contact you or an attorney before answering any questions. Even if your child is not the subject of a criminal investigation, your child should contact you because you need to be aware of what law enforcement is questioning your child about. You also need to determine whether you want your minor child to be a part of the criminal investigation. Unfortunately, a minor’s involvement in a criminal case can have negative, traumatic effects on a minor, even if they are just a witness, so being aware of what the police are talking to your child about is extremely important. Depending on the situation, speaking to the police may not be worth it, even if there are no legal implications.
If the police come to your house to question your minor child then you should always contact a lawyer before allowing the police to begin their interrogation. Law enforcement is allowed to lie to you and mislead you and your child, so even if you think you have an idea of why the police are asking your child questions you may be wrong. In fact, law enforcement officers rarely provide all details of their investigations when questioning suspects and witnesses as an investigative tactic, so contacting a lawyer is always in your best interest.
If an officer questions your minor child and your child tells you they did not want to speak to the officer, then your child’s constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the admissibility of your child’s statement or seeking the suppression of any evidence found as a result of their statement. There are many more benefits to hiring an attorney if you feel your child’s rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling juvenile delinquency cases his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his juvenile clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for your child. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan I File a Personal Injury Claim If I Get Hurt During a Car Accident with Uber?
Yes, you can file a personal injury claim if you are injured as a result of a car accident involving Uber. In most cases, the Uber driver and their personal insurance policy will cover your injuries and your vehicle damage. In some situations, you may be able to recover from Uber’s $1,000,000 insurance policy also. Here is the breakdown:
Uber and other rideshare companies, like Lyft, have thousands of drivers who work for them. The drivers use the Uber app (or other rideshare app) to connect with potential riders and the riders then pay the driver through the app. Uber, or the other rideshare service, receives a percentage of the payment and the driver continues to use the app to pick up other riders, but the driver is not a “employee” of the Uber or the rideshare service for legal purposes. In fact, companies like Uber and Lyft benefit off of their drivers not being considered employees because it means Florida’s “vicarious liability” rules protect Uber from being sued when their drivers get into car accidents.
That being said, Uber is only required to cover their drivers when their driver gets in an accident while actually working for Uber at the moment of the crash. For example, if the driver gets into an accident while the driver’s app is turned on and the driver is actively looking for a rider to pick up, then Uber (or any other rideshare company) can cover up to $100,000 per accident and $50,000 per person for injuries. Along those same lines, if the Uber or rideshare driver gets into an accident at any time between the point where the driver accepts a ride to the moment they drop off the passengers, then the $1,000,000 insurance policy would cover the incident (the $1,000,000 policy covers people in the Uber, people in another car, pedestrians, bicyclist or anybody else injured by the Uber). However, if the driver is off duty and not using the app then Uber is not required to cover the crash at all.
Just because you may not be able to sue Uber or Lyft directly doesn’t mean that you can’t recover money. Their insurance can still cover injuries and damages for any accident that their driver is involved in, so make sure you speak to an attorney before dismissing your claim. You should also speak to an attorney if someone from Uber or Lyft tries to settle the claim with you. Uber and Lyft policies can supplement payments and provide significant compensation for you, so don’t settle your claim until your attorney has confirmed that you are receiving your maximum benefits.
If you have been injured in a car accident involving Uber or some other ride share company, then you should contact The Law Office of Matthew C. Williams to determine how to move forward with your claim against Uber. Uber’s insurance representatives will oftentimes claim you are at fault, argue your injuries are superficial, or they will delay their case until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that Uber has, and you will never feel alone in your fight for justice.
The Law Office of Matthew C. Williams focuses primarily on personal injury matters and we take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let big companies like Uber, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsShould I Contact a Lawyer If the Police Try to Question Me?
Yes, you should always contact a lawyer if the police try to question you about your involvement in a crime. You should also speak to a lawyer before speaking with the police even in situations where you are “just a witness” or you were “just in the wrong place at the wrong time.” Here’s why:
Police officers are allowed to lie to you, mislead you and trick you into making statements. They are under no obligation to tell you the truth about who they are investigating, what evidence they have, or whether they are going to arrest you after you provide a statement, so you can never trust a police officer who is questioning you. In fact, you may not even realize you are the subject of a criminal investigation until you’ve already incriminated yourself, so ask for a lawyer before you speak to any law enforcement officer.
Generally, if law enforcement officers want to speak to you then you are either the subject of a criminal investigation or they believe you have information related to a criminal investigation. Naturally, people want to tell their “side of the story” because they want to prove they are innocent or they want to provide helpful information, but if you are the suspect in a criminal investigation and you provide a statement then your own words may be used to incriminate you. Your words can also be used to place you at the scene of the crime, or to eliminate any defenses you may have. The same can happen even if you believe you were “just a witness,” so it’s always best to speak to a lawyer before giving your statement.
Keep this in mind also: If the police have probable cause to arrest you then they are going to arrest you whether you make a statement or not. Nobody can talk their way out of probable cause so making a statement can only make your situation worse. Also, even if you are innocent, if you give a statement and misstate one fact, that misstatement can be considered a lie that may come back to hurt you later (for example, let’s say John Doe is completely innocent but he is being questioned about a murder that happened at a nearby park. John Doe says “I had nothing to do with that murder. I don’t know the victim and I’ve never been to that park,” but then the police later find out that John was really at the park, then John just made himself look like a suspect, even though he didn’t commit any murder.).
A lot of people are afraid to ask for a lawyer when confronted by the police, or they think asking for a lawyer will make them look bad. It’s natural for us as human beings to explain our actions or innocence, but you need to request a lawyer before you speak. Always remain respectful when asking for a lawyer, and if the police officer still moves forward with questioning then you should ask for a lawyer a second time. Do not think about whether or not asking for a lawyer makes you look bad and do not think about whether the officer is going to be upset with you. You have a constitutional right to speak with a lawyer and no judge, court or jury can legally hold it against you.
#d29e0eThere are very few situations where it is in your best interest to talk. Even if it is in your best interest, you have no way of knowing whether it is in your best interest without speaking to a lawyer. If law enforcement has contacted you to provide a statement then you should contact The Law Office of Matthew C. Williams immediately. At The Law Office of Matthew C. Williams, we can discuss your situation, your potential statement and the legal implications as it relates to any statement you make. In most cases, Attorney Williams is able to make contact with the investigator or detective prior to meeting with you, and he’s able to advise you on whether you should provide a statement. If it is appropriate to provide a statement, Attorney Williams will accompany you while you make the statement as well.
There are many other benefits to retaining a lawyer if you are contacted by law enforcement. Attorney Williams and The Law Office of Matthew C. Williams focus primarily on criminal defense matters and they take pride in obtaining great results for their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, prosecutors, or the criminal justice system stand in the way of getting his clients the outcome they deserve. He obtains justice for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out how he can seek justice for you today.
by Matt WilliamsHow Much Money Will I Get Paid After Being Injured in a Car Accident?
The exact amount of money that you receive after being injured in a car accident depends on a few factors. The extent of your injuries, your medical bills, and the at-fault driver’s insurance policy limits are the three most important components in determining how much money you’ll receive. Future medical costs, pain and suffering, and how much time you missed from work will also be considered in determining the amount of compensation you’re eligible for. Some people believe car accident victims are trying to get rich quick, but the purpose of receiving money after a car accident is to “make you whole” again or to put you back in the position you were in before the accident. In most cases, making you “whole” is nearly impossible, so the money you receive is supposed to get you back to a place of normalcy like the accident never happened.
The extent of your injuries is always a major factor in evaluating a personal injury claim after a car accident, but the exact value of injuries can be difficult to calculate since everyone’s injuries are valued differently. For example, a car accident involving a young Olympic track athlete who has their leg amputated will be valued differently than a car accident involving a retired elderly man who has his leg amputated, mainly because the track athlete’s earning capacity will be diminished much greater than the elderly man’s earning capacity. The young athlete’s case will also be valued more in general because of the future medical costs the young athlete will have in comparison to the elderly retired man. Obviously, the elderly man would receive a significant amount of compensation for his amputation, but the young athlete would likely be able to recover more for his or her injuries because the retired elderly man will face fewer long-term consequences given his age.
Medical bills, medical expenses, and lost wages are all expenses that the at-fault party’s insurance company is required to cover as well. Medical bills are objective and can be easily calculated, but damages for pain and suffering are extremely subjective. Using our example above, the young athlete and the elderly retired man may recover similar damages for pain and suffering at the time of the accident since they experienced similar injuries, but how long the pain lasted, how much they continue to suffer, and how much they plan to rehabilitate their injuries will likely be different. The young athlete in our example may require multiple surgeries and physical therapy in the future as he or she attempts to learn to walk/run again, while the elderly man may decide to use a wheelchair or vice versa. Even when injuries are similar in nature, damages for pain and suffering or future medical costs may be drastically different.
Even if the medical bills, pain and suffering and the future medical costs warrant hundreds of thousands of dollars in damages, the insurance company is generally limited by the policy limits of the at-fault driver. Meaning, if the at-fault driver has a $10,000.00 insurance policy limit, the insurance company will usually only cover up to $10,000.00 in damages regardless of what your injuries and damages amount to. You can also recover individually from the at-fault driver, but most personal injury lawyers do not pursue individual claims against the at-fault driver unless the at-fault driver has assets available to cover any judgment the lawyer receives in the case.
If you have been injured in a car accident or some other situation, then you should contact The Law Office of Matthew C. Williams to determine how much compensation you can receive for your injuries. Insurance companies will oftentimes claim you are at fault, argue your injuries are superficial, or they will delay their case until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that the insurance companies have.
The Law Office of Matthew C. Williams focuses primarily on personal injury matters and we take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsWhat Happens if the Police Never Read Me My Miranda Rights?
The police do not have to read a Miranda warning every time someone is arrested. The police are only required to read a Miranda warning if they have someone “in custody” and they intend to ask that person questions about a crime.
For example, if John Doe has an arrest warrant for Battery and he gets pulled over for speeding, then the police officer will probably give John Doe a ticket for speeding and arrest John Doe for the outstanding Battery warrant. If the police officer arrests John Doe for the Battery warrant but does not ask John Doe any questions about the Battery case, then the officer never has to read John Doe the Miranda warning. In that situation, John Doe is clearly considered “in custody” after he is arrested, but the officer did not have to read the Miranda warning because he didn’t ask John Doe any questions.
On the other hand, if Jane Doe has an arrest warrant for Robbery and she gets pulled over for speeding, then the police officer will probably give Jane Doe a ticket for speeding and arrest Jane Doe for the outstanding Robbery warrant. If a Robbery investigator shows up at the scene to question Jane after she is arrested, then the Robbery investigator would have to read the Miranda warning. In both situations, John Doe and Jane Doe are in custody, but only the Robbery investigator would be required to read Miranda because he is actually asking Jane Doe questions about the crime after she is already in custody.
Along those same lines, if an individual is not “in custody” then the police offer does not have to read the Miranda warning. “Custody”, for purposes of Miranda, doesn’t necessarily mean that someone has to be in handcuffs or in a cell. Courts will find an individual is “in custody” for Miranda purposes when “a reasonable person under the same circumstances would not feel free to leave.” For example, if John Doe is walking down the sidewalk and a police officer who is walking near him starts to talk to him about the weather, then courts will not find that John Doe is in custody for Miranda purposes. Under those circumstances, even if John Doe was scared and felt like he had to talk to the officer, the court will find that a reasonable person under the same circumstances would feel free to walk away. In that situation, the officer would not have to read Miranda warning to John Doe because John Doe is not “in custody,” even if the officer decided to ask John Doe a question about a crime.
On the other hand, if Jane Doe is walking down the sidewalk and four police officers surround her, block her path and hold a flashlight in her face, then the court will probably find that she is “in custody” for Miranda purposes. In Jane Doe’s situation, the court will be more likely to find that she is in custody even though she is not in handcuffs because a reasonable person under the same circumstances would not feel free to walk away. While the factual difference between John Doe and Jane Doe’s situation was not great, the fact that there were multiple officers that blocked Jane’s path would likely be the distinguishing factor. In Jane’s situation, the officers would have to read the Miranda warning before asking her any questions since she would be considered “in custody” for Miranda purposes.
Once an individual who is in custody is read their Miranda warning, they can either elect to speak with law enforcement or ask for an attorney. If they request an attorney then law enforcement has to stop all questioning until an attorney is present. In most cases, law enforcement never provides an attorney and the interview never goes any further. If law enforcement continues to ask questions then that person should contact an attorney as soon as they are able to.
If someone is arrested, detained or otherwise held in custody and questioned by law enforcement without receiving their Miranda warning then they should contact The Law Office of Matthew C. Williams immediately. Law enforcement cannot legally question an individual who is in custody without reading Miranda, and if they do, then Attorney Williams can take steps to have the statements dismissed. While an officer can claim they read you Miranda, they will have a difficult time proving that they read Miranda if your attorney has their body camera footage, dash camera footage or the recording of the interview. Regardless of whether there is a recording or not, it’s important to have an attorney who will fight to prove the violation of your constitutional rights.
At The Law Office of Matthew C. Williams, we can discuss your case with you and explain your rights as it relates to Miranda warnings, any statement you made and any potential motions we can file on your behalf. Depending on the facts of your case, we may be able to file a motion to suppress an unlawfully obtained statement. In certain instances, we can also have your statement completely thrown out.
Attorney Williams and The Law Office of Matthew C. Williams focus primarily on criminal defense matters and they take pride in obtaining great results for their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, prosecutors, or the criminal justice system stand in the way of getting his clients the outcome they deserve. He obtains justice for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out how he can seek justice for you today.
by Matt WilliamsWhat Is PIP Insurance?
PIP, or Personal Injury Protection, also known as “no-fault” car insurance, is insurance that covers your medical bills or lost wages when you or your passengers are injured in a car accident. PIP covers the medical costs related to injuries a person sustains in an accident regardless of who was at-fault in the accident; and while PIP coverage is optional in most states, it is mandated by the State of Florida for all drivers.
Every state has different rules and laws as they relate to PIP coverage, and Florida, like many states, has its own set of special laws and regulations. Florida law requires vehicle owners to carry at least $10,000 in PIP coverage. Florida law also requires anyone seeking benefits under PIP to seek medical treatment within 14 days of the car accident. If you do not seek medical treatment within 14 days of your accident then you may be ineligible to receive benefits under PIP. For that reason, it is extremely important that you visit the Emergency Room or see a doctor as soon as possible if you have been involved in a car accident. If you do not see a doctor within 14 days of your accident then you may end up stuck with thousands of dollars in out-of-pocket expenses.
In Florida, PIP Insurance covers medical costs, lost wages and death benefits. In fact, most medical costs, including but not limited to medical services, medication, surgical services, rehab costs, diagnostic services and ambulatory services are covered by PIP. However, only 80% of your medical costs will be covered by PIP. For example, if you had $10,000 in medical costs, PIP will only cover $8,000 worth of your bills. Oftentimes, an individual’s health insurance will cover the outstanding balance, but if that individual does not have health insurance then they may be required to pay their medical bills out of pocket.
PIP will pay for 60% of your lost wages as well (subject to the $10,000 limit). This coverage includes hourly jobs, salaried positions or services like doing laundry, cleaning the house and taking care of pets. Your lawyer can seek payment for the other 40% of your lost wages from the at-fault driver in your personal injury claim. If you are seeking benefits under PIP for lost wages, then you are required to have your employer complete a wage and salary verification for that lists your gross wages for the 13 weeks preceding the incident. PIP will also cover $5,000 worth of death benefits, which are in addition to any medical or disability benefits provided under the policy.
If you have been injured in a car accident then you should contact the Law Office of Matthew C. Williams to discuss your rights and determine whether or not you are eligible to receive PIP benefits. Attorney Williams can also help you navigate the PIP insurance process to make sure you are receiving the maximum benefits under PIP. Depending on the facts of your case, we may be able to hold the at-fault driver or vehicle owner accountable for their negligence in a personal injury claim as well. There are many benefits to retaining a lawyer after you were injured in a car accident. Matthew Williams and his legal team focus primarily on personal injury matters and they take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.
by Matt WilliamsIs it Legal to Drive While Using a Cell Phone in Florida?
Yes, it is still legal to make or receive phone calls on your cell phone while driving in Florida. You are not required to use a handsfree device to talk on the phone while driving and you are not required to be stopped at a stop light to make a phone call. It is also legal to send or receive text messages while driving if you use voice technology or a handsfree device to send the message or read the message aloud. That being said, it is illegal for drivers to use any type of handheld device to send or receive a text message, or to view any data, while driving in Florida. That means that drivers are prohibited from using any phone, iPad, tablet, Kindle, notebook, laptop or electronic game to view anything, including but not limited to, emails, photos or updates from social media while they are driving a car (however, it is legal to use a handheld device to text or view data while the car is stopped at a light, stop sign or on the side of the road). Confusing? Here are a couple of other rules you should be aware of if you are using your cell phone while driving in Florida.
- It is illegal for drivers to use their cell phone to talk on the phone or send a text message while traveling in a school zone in Florida, even if they have a handsfree device;
- It is illegal for a driver in Florida to enter information into a GPS system while driving; and,
- Drivers in Florida cannot wear headphones, Air Pods or headsets over both ears while driving; however, one Air Pod or headphone can be worn over one ear while allowing traffic noises to be heard through the other ear.
What happens if you are pulled over for texting while driving? Texting while driving is a primary offense in Florida, which means an officer can pull you over if they have reasonable suspicion to believe you are texting while driving in violation of the statute. Texting while driving is a civil infraction, meaning you can receive a traffic ticket for it. Unfortunately, traffic stops oftentimes lead to arrests for other reasons, so keep your rights in mind if you are stopped by the police for texting and driving.
If a person has been pulled over for texting while driving then they should contact the Law Office of Matthew C. Williams to determine whether or not the traffic stop and/or the officer’s actions were legal. Law enforcement cannot seize your phone or search your phone solely because they stopped you for texting while driving. In fact, §316.305 and §316.306, Florida Statutes, specifically state that law enforcement must advise you of your right to decline a search of your phone if they pull you over for texting while driving. While an officer can claim they saw you holding your phone while driving, they will have a difficult time proving that you were actually using your handheld device to text, enter GPS data or view social media unless you make an admission, so don’t make any statements without speaking to your lawyer. And make sure you say “NO” if they ask you to search your phone.
At the Law Office of Matthew C. Williams, we can discuss your case with you and explain your rights as it relates to the traffic stop and any potential motions we can file on your behalf. Depending on the facts of your case, we may be able to file a motion to suppress unlawfully obtained evidence. In certain instances, we can also have the infraction or charges dismissed based on the unlawful traffic stop. There are many other benefits to retaining a lawyer after you were arrested or cited after being pulled over for texting while driving. Matthew Williams and his legal team focus primarily on criminal defense matters and they take pride in obtaining great results for their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, prosecutors, or the criminal justice system stand in the way of getting his clients the outcome they deserve. He obtains justice for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out how he can seek justice for you today.