We blog about relevant issues in personal injury law and criminal law, discuss the misconceptions, some of the most popular cases in the news, and provide readers with helpful information and resources. Visit our websites for more information: www.decarlisandsawyercriminallaw.com and www.decarlisandsawyer.com.

Tuesday, May 27, 2014

If You Are Injured At A Theme Park Due To Negligence.

Maybe you've read about the recent derailment of a roller coaster at Universal City in Orlando? Well, it was a hoax. A falsehood perpetuated and fueled by digital gossip via Facebook. What you should know is people believed it because it happens... Often. Maybe not at a more permanently situated and reputable theme park. But think about the local county and state fairs. A lot of those rides are put together overnight and we doubt OSHA comes down to do a thorough inspection of The Zipper before they allow kids to cram in to it.
If you are injured at a theme park due to negligence at the hands of a ride operator, unsafe equipment/conditions, shoddy craftsmanship, etc, then you have a legal right to sue for compensation. Often times, theme parks may have disclaimers or even waivers to sign. But they and their lawyers know that injury and or death is not what the consumer bought the ticket for.
That's why we will go over your case with a fine tooth comb. There are a lot of factors that may have been overlooked. Was there proper lighting on the property? Was there a verbal as well as written warning of what to do and what not to do?
If you or someone you know was actually injured and or killed in a theme park/carnival/fair or any other recreational facility give us a call today. Many times it isn't your fault. They know this so they will try to settle with you. Don't. Let us fight so you can get awarded all that is deserved.

Sunday, March 30, 2014

A Law Firm That Handles Misdemeanors, Felonies, And Violations Of Probation In Gainesville, Florida

In the state of Florida, if you are arrested and charged with a misdemeanor, the legal consequences are as follows:

  • A maximum of one year in county jail and up to $1,000.00 in fines for first-degree misdemeanors.
  • A maximum of sixty (60) days in jail and up to $500.00 in fines for second-degree misdemeanors.
Similar to a felony offense, misdemeanor penalties can have devastating effects on an individual’s ability to maintain a living, grow in their career and enjoy the freedom to pursue their dreams without a stain on their record.

However, felony offenses are more serious. These criminal acts are punishable by up to life in state prison or even the death penalty. The following chart outlines the type of felony with it’s corresponding maximum prison term and fine. Keep in mind that repeat offenders can be classified as habitual offenders and thus face more severe penalties.

Type of Felony - Maximum Potential Prison - Term Maximum Potential Fine

Capital felony -Death penalty/life imprisonment

Life Felony (after 1995) - Life imprisonment - $15,000

Felony of First Degree - Up to 30 years/life imprisonment in some cases - $10,000

Felony of Second Degree - 15 years - $10,000

Felony of Third Degree - 5 years - $5,000

The attorneys at DeCarlis & Sawyer stand prepared to defend you if you have been charged with any of the following offenses, so call today to discuss your case:

  • Underage procession of alcohol
  • False Identification
  • Identity Theft
  • Robbery
  • Burglary
  • Dealing in Stolen Property
  • Mortgage Fraud
  • Manslaughter
  • Murder

Different from misdemeanors or felony criminal offenses is a violation of probation proceeding. Those already been sentenced to probation have less constitutional protection than those charged with a new offense. Waived rights include:

No statute of limitations
No right to bond whilst awaiting hearing
No right to trial by jury in a violation hearing
Hearsay is admissible
You can be forced to testify against yourself
Guilt beyond a reasonable doubt does not have to be proved.
In cases of violation of probation, it is much easier for the state to prove guilt.

If you have been charged with a criminal offense such as a misdemeanor, felony or violation of probation, don’t gamble with your freedom, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyercriminallaw.com.

Saturday, March 1, 2014

A Criminal Defense Law Firm In Gainesville, Florida

The attorney you select makes the difference when winning your case means everything. With over 50 years of trial experience, the lawyers at DeCarlis & Sawyer are not afraid to go to bat for you. We are a full-service litigation law firm representing everything including criminal defense, personal injury, business litigation, medical malpractice and wrongful death cases. In most circumstances, you are not changed unless we win your case. Call us today to set up a free consultation.

Thursday, February 6, 2014

The Biased Justice System Needs Reform In Florida

The Biased Justice System Needs Reform

On Thursday, President Obama enacted an initiative to help young men of color get a better start in life. As has been the case in the news as of late, racial divide and racial inequality regarding the justice system has been proven to be biased and unfair towards minority men.

Prison sentencing reform is another issue that will need to be tackled. The President's efforts today are part of a mult- part solution in creating a fair and balanced legal system for all Americans of all ethnicities, religions, and sexual preferences.

Right now, black men are statistically likely to spend time in incarceration at alarming numbers for the same charges as their white peers who were far less penalized for the same offense. The President's speech on Thursday laid out a plan to essentially instill within the black community a sense of self worth and self responsibility. Externally from the black and latino community, serious sentence reform, especially regarding non-violent offenders, needs to be taken on with the same diligence.

If you have been charged with a crime in Gainesville, Florida, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or atdecarlisandsawyercriminallaw.com.

Wednesday, January 22, 2014

When Is Your Property Manager Liable In The State Of Florida?

When Is Your Property Manager Liable?

Landlords often turn to property management companies to ensure their properties are well-maintained, take care of collecting rent, and tend to any repairs that are needed. However, If you are injured or suffer a serious financial loss due to the property management company's negligence, you may be able to sue the property management company. However, it's important to ensure you're suing the right party, and that the property management company was actually negligent.

Negligence lawsuits occur when the person suing -- the plaintiff -- incurs an injury because the negligent person, or the defendant, failed to perform a legal duty or to exercise "reasonable care."

For any lawsuit to be successful, you must establish that the management company was the negligent party. If a management company did not know, and could not have reasonably known, about a problem with your property, you'd have trouble winning. For this reason, it's important to notify the property manager of any problems with your rental unit as soon as possible and to keep a written record of these communications. Make notes, take pictures and video. The more proof you have, the stronger your case is.

If you or someone you know has been injured due to the negligence of another party, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.

Tuesday, January 7, 2014

The Evolving Laws Of Florida's "Leaving The Scene Of An Accident" And "Vehicular Manslaughter"

Perceived "gap" in DUI Hit and Run laws may soon close.

In The State of Florida, if you consume alcohol before (or while) driving and cause an accident that kills someone, you can face a DUI manslaughter charge with a minimum of four years in prison.

Currently, the law states that if you flee the scene of an accident only to turn yourself in after you've sobered up, you could possibly face far less penalties which many prosecutors and law makers feel encourages drunk drivers to flee the scene.

If you or someone you know is facing the charges of Leaving the Scene of an Accident and/or ‘vehicular manslaughter,' you can rest assured that a tough road lies ahead, and if lawmakers have their way you will be facing even stiffer penalties.

Your best option to avoid all of this is to abstain from alcohol, but if you are looking for a defense attorney that's probably a moot point. Our professional attorneys understand DUI laws and Vehicular Manslaughter laws inside and out. As deliberation is underway to decide if there will be stiffer penalties for those who commit such acts, our experts are working diligently to stay abreast of the ever evolving legal process.

If you or a loved one is facing DUI, Vehicular Homicide/Manslaughter, or Hit and Run charges in Gainesville, Florida, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyercriminallaw.com.

Monday, December 30, 2013

Do Not Quickly Accept Money From An Insurance Company After An Accident In The State Of Florida

Car accidents and the paperwork aftermath can be a stressful and taxing ordeal. In an effort to recoup money for lost wages, medical bills, and car repairs, people are all too willing to accept a check from an insurance company. A check can be tempting, but don't be too eager to settle. The insurance company that you're dealing with will want immediate resolution and knows that offering a check will ultimately rob you of your legal right to fair compensation. The insurance company is looking out for their best interests, not the accident victim's.

It's imperative that you hire an attorney to help you through the bureaucracy of a personal injury claim. As the sum of your medical expenses and lost wages surpass the amount originally offered to you, you will be thankful you hired an attorney to advocate on your behalf. Many times people may not be aware of how injured they actually are and will begin experiencing residual pain from car accident injuries later on. Before agreeing to any type of personal injury settlement be sure to consult with an attorney.

Contact the Gainesville Personal Injury Attorneys of DeCarlis and Sawyer at 352-371-3838 or at decarlisandsawyer.com as soon as possible if you or a loved one has been injured in an auto accident.