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December 2014 Archives

AN ANALYSIS OF PRIVILEGE FOR PSYCHOTHERAPISTS

To begin with you always, always want to consult an attorney who has experience in this area of law when presented with a question about confidentiality due to liability concerns. The general rule is that the content of the therapy sessions are confidential - in other words, a privilege exists that allows the therapist to not have to submit themselves to the general legal rule that a person should testify to what they know. "Privileges" are given to a variety of professions in order to protect some societal interest. With therapists, the privilege exists so that an individual will feel free to communicate their innermost thoughts/feelings without the threat of that coming back to harm them in the future.

Florida's Paternity Laws, Custody and Birth Certificates, Part II

This post is a follow up to an earlier post which began to explore this topic. It is difficult to understand, and maybe more difficult to explain, what rights a father has to his child after he executes an Acknowledgment of Paternity form and before he gains "custody" rights in Court. What rights could a father have if they do not include the rights to either see the child (time-sharing) or make decisions for the child (parental responsibility)?

Florida's Paternity Laws, Custody and Birth Certificates

Before we get started it is important to know that I am confused and so are most attorneys, many Judges and basically all non-legal lay people about Paternity law in Florida. So, this blog and the one to follow may create more questions than answers, but hopefully, brings some level of enlightenment to this complicated and bizarre area of law.

Criminal Repercussions on Immigration Proceedings - Part I

Being charged with a crime when you are not a United States citizen can have harsh consequences on your immigration proceedings. Depending on the outcome of your criminal case, your legal status in this country might be in jeopardy. You may be facing detention, deportation, and/or prohibited re-entry. There are many criminal charges, from misdemeanors to felonies, which may impact your ability to stay legally in the United States, including drug charges, crimes of moral turpitude, aggravated felonies, and gun crimes. In Part I, we will be focusing on crimes considered within the realm of "moral turpitude."

Criminal Law: Can I Vacate/Withdraw my Plea?

Florida Rule of Criminal Procedure 3.850 allows a defendant to have his previously entered plea vacated. In other words, you could have your sentence withdrawn. Sometimes you may not realize the impact a "good plea deal" can have, such as immigration consequences, or being unable to seal or expunge your record as a result.

Criminal Law: Broward Misdemeanor Diversion Program

Broward's Misdemeanor Diversion Program (MDP) is a program run by the State Attorney's Office for misdemeanor charges. It is offered to first-time criminal offenders and, if successfully completed, your case would be "nolle prossed", or dismissed. 

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