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Albaugh Law Firm Blog

  • How Having Tinted Windows Led to Drug Charges

    || 10-Dec-2019

    A Florida man was recently sentenced to 7 years in prison and fined $100,000 for trafficking methamphetamine. How did he get caught? He was a passenger in a car that had tinted windows. Florida’s Law on Window Tinting With the harsh Florida sun beating down on drivers while they travel through the state, many might opt to have their windows tinted. Not only does it add a level of protection ...
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  • How Will Filing Bankruptcy Separately Affect My Spouse?

    || 3-Dec-2019

    If your financial obligations become overwhelming and you have a high amount of debt you might consider filing for bankruptcy, which may offer financial relief. One factor you might be thinking about when deciding on taking this legal step is how the action will affect your spouse and their finances. Deciding How to File When deciding to file for bankruptcy, you could either do it on your own or ...
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  • What Is Florida's Law on Making a Written Threat to Kill?

    || 15-Nov-2019

    At times, life can be tough and filled with various upsets that cause emotional reactions. This is especially true for adolescents who are still trying to figure out how to navigate the world. When a juvenile goes through trying times, they express their feelings in text messages or on social media. Unfortunately, when they post about taking their anger out on others by firing a weapon at school, ...
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  • How Does Compound Interest Work?

    || 5-Nov-2019

    The simple, yet somewhat complicated, definition of compound interest is that it is interest charged on top of interest. Basically, it means that you are paying interest for the total amount of a loan balance, not just the original. Additionally, it can significantly affect how much you owe your lender. The Principal and Interest Let’s break down how interest works a little more before we ...
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  • Is It Illegal to Wear a Mask on Halloween?

    || 15-Oct-2019

    Halloween is just around the corner, which means putting on a costume and heading out for a party. Part of your chosen outfit might include a mask, but you might have heard about a Florida statute that bans people from wearing an item that covers their face in public. You might wonder: Does this law pertain to Halloween costumes? The short answer is “no,” but let’s dive a little ...
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  • What Is a Zombie Debt & How Is It Revived?

    || 1-Oct-2019

    You believe you’ve settled all your debts and are ready to get a fresh start on life. But then, you get a notice in the mail stating that you owe money on a specific credit card, a loan that you don’t even remember having or that you’re sure you paid off. An old or paid off debt that comes back to life to haunt you is what’s known as a zombie debt. Why Are Old Debts ...
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  • Can "Stand Your Ground" Always Be Used as a Defense?

    || 13-Sep-2019

    Generally, Florida’s “stand your ground” law protects people from facing criminal charges if they use or threaten to use force against a person who unlawfully places them at risk of harm. The defender's actions must be equal to those of the assailant. That means if Bill punches Tom, Tom can push or threaten to push Bill to stop the attack. If Tom was later charged with ...
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  • What Happens if You Voluntarily Pay Discharged Debt?

    || 3-Sep-2019

    When you file for bankruptcy, some of your debts can be discharged. That means you’re not liable for paying the remaining balance on specific loans. Additionally, creditors and/or lenders are prohibited from attempting to collect on the balance or taking legal action against you to recover funds. Although you are no longer obligated to make payments on a discharged debt, bankruptcy does not ...
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  • 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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