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.

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.

Wednesday, December 4, 2013

What Are The Two Types Of Misdemeanors In The State Of Florida?

At one point or another, nearly everyone has committed a minor crime, be it speeding, a parking violation, or maybe shoplifting. Misdemeanors are common criminal infractions that can have major repercussions if not promptly addressed by a dedicated and experienced criminal defense lawyer. If you decide to go it alone, be prepared for an uphill battle.

There are two different types of misdemeanors in Florida. The first type, a "first degree" misdemeanor which is a crime punishable by up to a year in jail and a $1,000 fine. These crimes are far more serious than "second degree" misdemeanors, which are punishable by 60 days in jail.

If you have been recently arrested or charged with any Misdemeanor offense in the State of Florida, accused of Misdemeanor driving under the influence (DUI), have a Misdemeanor warrant for your arrest for failure to appear in court, are facing a Misdemeanor violation of probation or community control, received a Misdemeanor traffic ticket or want to explore the expunging or sealing of your Misdemeanor record, we invite you to schedule your free consultation with an experienced Florida Misdemeanor defense lawyer.

If you or a loved one has been accused of a Misdemeanor offense in Gainesville, Florida, contact the Criminal Defense Lawyers of The Law Firm of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyercriminallaw.com.

Saturday, November 30, 2013

Lap And Shoulder Belts Are Now A Requirement In Motorcoaches And Large Buses As Of 2016

The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) has recently announced that lap and shoulder belts are now a requirement for each occupant in new motorcoaches and large buses. This new rule is designed to further improve the safety of these vehicles by decreasing the risk of serious injuries, occupant ejection, and fatalities in during a collision.

According to the NHTSA , each year approximately 7,934 people are injured and 21 die in motorcoach and large bus accidents. The NHTSA estimates that the new safety belt requirement will reduce the number of moderate to severe injuries by up to 45% and the number of fatalities by up to 44%.

As of November 2016, shoulder and lap belts will be a requirement in newly manufactured buses with a gross vehicle weight greater than 26,000 pounds. Transit buses and school buses are exempt from this ruling.

If you or someone you know has been injured in an accident, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.

Friday, November 22, 2013

What Steps Do I Take When I Slip And Fall In A Business?

Slipping and falling is not only humiliating, it can also be extremely dangerous and sometimes preventable. If you happen to slip and fall in a business, make sure to take the following steps:

  • First, seek medical attention. Even if you don't feel hurt, injuries can present themselves later. Get an evaluation and make documentation. Follow up with your medical practitioner a few days after as well. 
  • Take pictures of the environment where the fall occurred. Even a seemingly minute detail can be important.
  • Procure witnesses. Get the information of those who saw it happen. Other shoppers, employees, etc.
  • Contact the office of DeCarlis & Sawyer. We will compile your documented information and seek the maximum reward for your injuries.Time is of the essence in these types of cases.

Below are the Florida laws regarding slip and fall. They are clear and concise:

"768.0755 Premises liability for transitory foreign substances in a business establishment.-

1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

(b) The condition occurred with regularity and was therefore foreseeable.

(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises."

If you or a loved one has been injured in a slip and fall accident, contact the Gainesville Personal Injury Lawyers of DeCarlis & Sawyer at 352-371-3838 or at decarlisandsawyer.com.