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Albaugh Law Firm Blog

  • Seeing the red and blue lights of a police vehicle behind you could be anxiety-inducing. Receiving a citation could mean paying a hefty fine, having a point placed on your license, or any number of negative consequences. Paralyzed by the fear of a run-in with the law, you may not know what to do. Alternatively, you might not think you did anything wrong, and believe the cop may not be trying to ...
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  • What Is an Automatic Stay and Can it Be Lifted?

    || 1-Aug-2019

    The moment a person files for bankruptcy, the court will issue an order for an automatic stay. This document allows the debtor relief, as it is a legal mandate that prohibits creditors from continuing to collect on unpaid debts and stops civil lawsuits. It is valid as long as the bankruptcy is in process or completed. If the case is dismissed, the court order will no longer be enforced. What Types ...
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  • Does Wage Garnishment Affect Employment?

    || 17-Jul-2019

    If an individual falls behind in payments to a creditor, the company could take legal action to force them to repay the amount owed. One way they can achieve this is by requesting the court to issue a wage garnishment order, which requires that their employer withhold a certain amount of their paycheck. The withheld amount is sent to their creditor to pay towards their debt. A wage garnishment ...
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  • What Are Florida's Peeping Tom Laws?

    || 9-Jul-2019

    A Peeping Tom is a person who watches another individual without their consent or knowledge. In Florida, engaging in such behavior is a chargeable offense and a conviction could result in jail or prison time and fines. Peeping Tom offenses are governed by Florida’s statute on burglary and trespassing. Voyeurism Under Statute 810.14, observing another person without their permission is ...
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  • Police Interrogations and Juvenile Rights

    || 20-Jun-2019

    What would it take for your child to admit to doing something they did not do? The answer to this question for five families is explored and answered in the recent Netflix series titled “When They See Us,”. The series, which revisits a 1989 case where five minority teenagers, known as the “Central Park Five”, were wrongfully accused, convicted, and imprisoned for brutally ...
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  • Bankruptcy is a debt relief option that can stop creditors from taking action against you if you are delinquent on loans. When you file for bankruptcy, most of your debt is discharged or wiped out. If you want to make purchases before or after filing, it could affect the process or result in more debt. Making Purchases Before Filing for Bankruptcy When you file for bankruptcy, you are claiming ...
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  • Florida's Laws Against Tampering with Evidence

    || 3-Jun-2019

    In a criminal trial, the prosecutor presents documents, records, statements, and other objects as evidence to build their case against a defendant. Because of this, a person can face severe penalties if they destroy anything that could potentially be submitted during the trial. Destroying or Altering Physical Evidence Florida Statute 918.13 prohibits tampering with or fabricating physical ...
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  • In Florida, many sex crime offenses require that a convicted individual register for life on the National Sex Offender Registry. The registration requirements apply to current residents and out-of-state visitors. Under Statute 943.0435, anyone required to register as a sex offender in another state who plans to reside in Florida on a permanent, temporary, or transient basis must report to the ...
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  • What Is a Bankruptcy Reaffirmation Agreement?

    || 7-May-2019

    After a debtor’s Chapter 7 bankruptcy case is completed, most of their debts will be discharged. That means the debtor will not be required to make payments and the creditor cannot take action to collect on unpaid loan balances. Reaffirming Debt to Keep Property In cases where the debtor had a secured loan – where property, such as a car, is used as collateral – the creditor may ...
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  • Smoking Medical Marijuana is Now Legal in Florida

    || 25-Apr-2019

    In March 2019, Governor Ron DeSantis signed legislation repealing a ban on smokable cannabis in Florida. Medical marijuana patients can now obtain 2.5 ounces of flower-based cannabis every 35 days. Patients younger than 18 years of age are allowed to smoke medicinal pot if they have a terminal condition and get a pediatrician’s second opinion. Back in 2016, over 70 percent of state voters ...
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  • AAF Declares Chapter 7 Bankruptcy

    || 18-Apr-2019

    The Alliance of American Football (AAF) is an eight-team league that began this year in order to compete with the National Football League (NFL) for the viewership of football fans throughout the United States. Unfortunately, after just eight games into its first season, the league filed for Chapter 7 bankruptcy on April 17, 2019, in a Texas court. Under Legendary Field Exhibitions LLC, the AAF ...
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  • Using the Insanity Defense in Florida

    || 19-Mar-2019

    In the state of Florida, a defendant can try to use insanity as a defense to a criminal charge, but just like using entrapment or claiming self-defense, the defendant must admit to the crime before this defense can be used. Most lawyers in Florida will tell you that juries are very reluctant to accept insanity defenses, especially if you have been accused of a serious criminal offense. Under ...
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  • Claiming Bankruptcy if You're Unemployed

    || 1-Mar-2019

    Losing one’s source of income is one of the most common reasons people in Florida file for bankruptcy. If you have lost your job and you can no longer afford to keep up with all of your living expenses and debts, then filing for bankruptcy is one option you can use to keep your property and discharge unsecured debts. How Do I File for Bankruptcy if I’m Unemployed? If you are ...
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  • What Is Considered a Hate Crime in Florida?

    || 15-Feb-2019

    Although you might not realize it, you can be punished under the law based on the thoughts in your head. In fact, this is what essentially happens when a person is convicted for a hate crime. In this blog, we explain what can be considered a hate crime in the state of Florida. What’s the Definition of a Hate Crime? Crimes motivated by particular sets of prejudices are considered hate crimes. ...
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  • Can Rental Debt Be Discharged in Bankruptcy?

    || 1-Feb-2019

    Are you behind on the payments on your rental property? Are you thinking of filing for bankruptcy to obtain relief from your debts? In this blog, we explain if rental debt can be discharged through bankruptcy. Rental Debt & Chapter 13 Bankruptcy If you file for Chapter 13 bankruptcy, you will have two options for dealing with your rental debts. The first is to take over the lease on the ...
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  • What Can I Do if I Can't Keep Up with My Chapter 13 Debt Payments?

    || 17-Jan-2019

    Under a Chapter 13 bankruptcy, you can pay back a portion of your debts over a three or five year period with a debt repayment plan. The debt repayment plan is an outline of how you will repay your creditors each month. However, there is a lot that can happen during the course of your repayment plan that can make it difficult for you to keep up with your payments, which is why we want to explain ...
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  • What Is Pre-Trial Intervention?

    || 2-Jan-2019

    Pre-Trial Intervention (PTI) is a program that offers first time felony offenders a chance to avoid some of the hurdles of having a criminal conviction by moving their case away from the trial court process. If you have been charged with a qualifying third degree felony, you might be eligible for this program. The PTI program is like being on probation. After you successfully complete the program, ...
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  • How College Campuses "Handle" Sexual Assault Allegations

    || 10-Dec-2018

    Investigations of sexual assaults at colleges and universities have gained significant attention from news outlets throughout the country. According to a 2017 report from the Department of Education, there were more than more than 300 open investigations of sexual assault cases. The Department of Education also noted that the following schools in Florida were under investigation: Full Sail ...
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  • Does Bankruptcy Stay on Your Credit Report?

    || 3-Dec-2018

    If you are dealing with past due bills and other forms of debt that you can’t seem to keep up with, then bankruptcy might be the right option for you. Before you file for bankruptcy, you should first learn about the long-term consequences. In this blog, we tell you if filing for bankruptcy will stay on your credit report. Bankruptcy & Your Credit Report Filing for bankruptcy can have a ...
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  • How Do I Discharge Medical Debt in Florida?

    || 21-Nov-2018

    Did you know that most people who file for bankruptcy in the state of Florida do so because of medical debt? Although medical debt is a leading cause of bankruptcy, it is not considered secured debt, which means it can be discharged as part of a Chapter 13 bankruptcy repayment plan. In this blog, we explain how bankruptcy can be used to discharge your medical debt. How Much Medical Debt Can I ...
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  • Contested Divorce in Florida

    || 16-Nov-2018

    When a couple is seeking to end their marriage but there are still unresolved issues that must be sorted out, they generally file for a contested divorce. In this blog, we explain what you need to know about contested divorce in the state of Florida. How Do I Start a Contested Divorce? To start your contested divorce, you will need to file a petition with the circuit court. After you file the ...
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  • What Happens If I Fail to Register as a Sex Offender in Florida?

    || 7-Nov-2018

    The state of Florida has strict registration requirements for people who have been convicted of sex crimes. Under Florida Statute 943.0435, sex offenders and sexual predators must comply with the following reporting guidelines: Report in person to the sheriff’s office to register within 48 hours of being released from prison. Report in person to the sheriff’s office to register within ...
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  • What to Do If You Are Arrested While on Vacation in Florida

    || 15-Oct-2018

    Florida is a very popular tourist destination for people across the country and around the world. People vacation in Florida to relax, unwind, and enjoy the state’s many attractions. Unfortunately, your long awaited vacation can become a nightmare if you find yourself being taken to jail by Florida law enforcement officers. Our state attracts a variety of students and tourists who sometimes ...
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  • Should I Wait Until the New Year to File for Divorce?

    || 12-Oct-2018

    Are you thinking of leaving your spouse? Are you already in the middle of the divorce process ? If so, you might want to speed things up and get your divorce wrapped up before the end of the year. In this blog, we explain why new changes to the tax code will impact divorces that aren’t completed by Dec. 31 of this year. Last year, Congress passed the Tax Cuts and Jobs Act, which will do away ...
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  • Fewer Floridians Are Filing for Bankruptcy This Year

    || 1-Oct-2018

    The American Bankruptcy Institute released statistics for the amount of bankruptcies that have been filed so far in 2018. According to these statistics, consumer bankruptcy filings in the state of Florida have dropped by 8% when compared to data from 2017. These statistics suggest that the current economic climate has helped consumers manage their debt. However, statistics for the month of March ...
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