February 28, 2012in Uncategorized

Lessons on Divorce from Chris Bosh

Miami Heat power forward Chris Bosh was recently in an Orlando area family court petitioning a judge to allow him to spend more time with his young child. Bosh was never married to his ex-girlfriend, Allison Mathis, but the two share custody of their 3 year old daughter. Mathis claims that Bosh had every opportunity to see his daughter, but his busy schedule as an NBA superstar caused him to miss out on time with his daughter.
This is nothing new in the family law world. One thing to point out, that this article does a good job illustrating, is the frustration courts have with litigating these issues. Family court judges want the parties to work out these matters amongst themselves. That is where a collaborative and competent attorney whose interests are in solving his client’s problems and not racking up billable hours, can come into play. A good family law attorney should always try to take emotions out of these cases, or at least lower the temperature to the point where real progress can take place. As expected, this is often an insurmountable task.
The article is linked below:
http://www.huffingtonpost.com/2012/02/27/chris-bosh-allison-mathis_n_1304866.html?ref=miami

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January 10, 2012in Family Law, Florida Domestic Violence

Proposed Bill Promises Unemployment Benefits for Victims of Domestic Violence

A new bill in the Florida Legislature promises to extended unemployment benefits to victims of domestic violence who leave their work due to safety concerns.  This bill illustrates how domestic violence goes far beyond the home.  It alters a victim’s economic mobility in a very real and serious way.  Victims who are forced to leave their homes to escape their abuser often leave with nothing more than the clothes on their back.  In addition, many of these individuals are fleeing their main source of income, the abuser.
As the attached article explains, domestic violence can also touch those outside of the family.  Domestic violence can spill into the work force, with jilted spouses taking their aggression out, sometimes violently, on anyone in close proximity with the victim.  It seems a natural and welcomed step for our Legislature to try and give verified victims of domestic violence the minimum assistance of unemployment benefits.  Leaving a job because of safety concerns arising from domestic violence is just as unforeseen as being fired.  Also, it can save the life of not only the victim, who is leaving a location known to the abuser, but also the lives of countless co-workers.  Let’s see how far this bill gets with Florida’s Legislature.
Link to Miami Herald article: http://www.miamiherald.com/2012/01/09/2581575/victims-lobby-for-workplace-domestic.html

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December 27, 2011in Florida Criminal Law

'Tis the Season for DUI Checkpoints

When ringing in the New Year, always remember to drink responsibly.  If you don’t, Miami-Dade’s finest will.  DUI checkpoints will be as numerous as best of the year lists in the next few days.  As such, it is critical to know your rights and act accordingly.  DUI’s carry with them many harsh sanctions, not the least of which are mandatory driving license suspensions, alcohol classes and even possible jail time.
Being safe and smart is the key this Holiday season.  And if the worst does happen, consulting a lawyer with experience handling DUI cases can make all the difference in your case.
Here is an article from CBS 4 News stating the obvious.  Be on your best behavior Miami!!
http://miami.cbslocal.com/2011/12/27/cops-warn-drive-sober-or-get-pulled-over-2/

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December 22, 2011in Florida Criminal Law

Floyd Mayweather KO'd by DV Court

Floyd Mayweather, possibly the most famous boxer in the world, was sentenced by a Las Vegas Domestic Violence Court to six months in jail, with three of those months reduced.  Maywheather originally faced felony charges for battering his ex-girlfriend in front of their two young children, ages 9 and 11, an enhancement in charge under Nevada law.  Mayweather received a reduction in the severity of his charges from a felony to a misdemeanor in exchange for pleading guilty to the court.  The Judge in the case then sentenced Mayweather to jail time.
In Florida, Mayweather may not have received any better deal.  Under Florida Statute Section 741, crimes deemed domestic in nature, like Mayweather’s battery, are taken very seriously.  Even a plea to a misdemeanor requires at least 12 months of probation, if jail is not imposed.  In addition, a batterers’ intervention course, which consists of 26 weeks of classes, is also required in lieu of jail.
Crimes of domestic violence, no matter how severe, are serious business.  As the Mayweather case shows, consulting with an experienced criminal defense attorney, especially one who has had prior experience handling crimes of domestic violence, is a must.
http://espn.go.com/boxing/story/_/id/7376829/floyd-mayweather-jr-sentenced-90-days-jail-domestic-violence-plea

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December 9, 2011in Florida Criminal Law

The Miami-Dade Party Police

It’s been a bad couple of weeks for law enforcement in Miami-Dade County.  First, two Miami Beach Police Officers critically injured a tourist on the beach while driving their City-issued ATV intoxicated.  These officers got drunk at a bachelorette party earlier in the evening.  Then, a City of Miami police officer was stopped driving nearly 120 mph on the Florida Turnpike by a Florida Highway Trooper.  However, the uproar in law enforcement circles surrounded the actions of the Highway Patrolwoman, and NOT the officer driving 120 mph.
Now, the Miami-Dade Police Department has joined the party, no pun intended.  MDPD officer Fernando Villa was found passed out in his patrol car in shorts and a shirt.  This wouldn’t be Miami-Dade County if that were the end of the story.  Instead of treating the officer like all other individuals suspected of DUI, the MDPD supervisors on the scene decided to go against protocol and gave the office a promise to appear.  A promise to appear allows an individual arrested, in lieu of being booked into jail and being forced to pay a bond, to simply “promise” to appear in court at their first court date.  This type of process is reserved, as MDPD Director John Loftus states in the MSNBC article, to low level misdemeanor crimes (criminal traffic violations such as driving while your license is suspended or retail theft).  A promise to appear is never done in DUI cases…NEVER!  It doesn’t make much sense to allow someone you think is drunk and driving to go back out into the streets still drunk to do God knows what.
This incident simply reiterates what citizens in Miami-Dade County have known for quite a while; there are two sets of rules: Those for the police and a completely separate and more rigid one for everyone else.  Do you agree?  Have any of you experienced this double standard?  If you find yourself in the cross hairs of police misconduct, please consult an attorney at once.
http://usnews.msnbc.msn.com/_news/2011/12/09/9323601-fla-cop-found-drunk-in-squad-car-not-cuffed
 

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December 5, 2011in Florida Criminal Law

The Twit Who Tweeted

An Arkansas juror’s Tweets may have caused a mistrial in an otherwise open and shut first degree murder case.  Randy Franco, a juror on the murder trial of Erickson Dimas-Martinez, Tweeted such philosophical gems as “Choices to be made.  Hearts to be broken” and other classics on the horrible coffee in the courthouse.  These seemingly innocuous Tweets led the defendant to appeal his conviction on grounds of possible juror misconduct.  The State of Arkansas has countered that the evidence was overwhelming (there were multiple eye witnesses to the murder) and the jurors actions were not against any specific Court order.
The attached article indicates that the Arkansas Supreme Court, which heard the defendant’s appeal, is unlikely to reverse the lower courts’ rulings.  However, countless hours and tax payers’ dollars were spent on the defense of the underlying verdict, all because Juror Franco had an uncontrollable desire to tell the Twitter-verse how bad his coffee was.  Do incidents like this led to the conclusion that internet access should be banned in courtrooms?  Or should the court confiscate all forms of communication from the jurors during their service?  Or is this an example of the law falling seriously behind modern technology?  Should Tweeting or Facebook activity that doesn’t lead to gathering outside knowledge even qualify as possible juror misconduct?  The bottom line is that a juror’s insatiable need to inform the social media world of their daily activity may subject taxpayers to a drain of funds, defendants to a possible unfair trial and everyone reading the Tweets to hours of wasted time they’ll never get back.
Check out the article at: http://www.jdsupra.com/post/documentViewer.aspx?fid=7e3e1155-b121-4df3-8e91-eccc50c469f1

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December 1, 2011in Family Law

Facebook, Social Media and the New Frontier of Discovery in Divorce

A Connecticut Judge ordered two divorcing spouses to turn over their social networking passwords, including passwords to Facebook and dating websites.  This came about when the husband discovered his wife posted some “incriminating” passages regarding her feelings on and ability to care for their children.
The attached article from Forbes magazine online, also says that judges in personal injury cases have made similar rulings.  However, it would seem that Family Law courtrooms would be ground zero for these types of discovery requests.  Some courts willingness to grant these motions, and do so in such an overarching and general manner, illustrates just how dangerous divorces can become for you and your privacy.  Of course, it also illustrates what should now be common sense…anything you put on the internet will likely be seen by many more people than you think.  So, don’t for a minute believe a password can protect your privacy, because even if the law can’t get to it, a hacker surely can!
http://www.forbes.com/sites/kashmirhill/2011/11/07/judge-orders-divorcing-couple-to-swap-facebook-and-dating-site-passwords/

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Melmer Law, LLC prides itself on being readily available at all times for their clients and their families. Please contact us below for more information.

Melmer Law, LLC

Mark P. Melmer, Esq. served as a prosecutor here in Miami-Dade County, handling thousands of cases at both the misdemeanor and felony level. For the last 10 years Mark has devoted his practice to family law and domestic violence issues. This experience and insight makes him a formidable advocate.

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