By Stephanie B. Moss, Esquire
Did the Sanford Police Department misapply the so-called “stand your ground law”? I believe the answer to that question is YES. Self-defense is just that. A defense. First the defendant needs to be charged and prosecuted. Then he or she has the opportunity to mount a defense. George Zimmerman says he was acting in self-defense but how do we know that? It is just his story. The Sanford Police Department just took Zimmerman’s word for it. He obviously has an aggressive nature if he’s previously been charged with violent crimes. Why would this child have attacked a man who was over 100 pounds bigger than him? Why would George Zimmerman who was MUCH larger than Trayvon Martin be scared for his life even if he had been attacked?
In order to claim self-defense there must be a reasonable belief that your life is in danger by the attacker. Even if Trayvon had attacked Zimmerman (and I don’t believe he did). I don’t see how reasonable it is to believe that this 17 year old kid who’s much smaller than you is going to kill you. That’s not reasonable. It is all about reasonableness. The State needs to prove beyond a reasonable doubt that George Zimmerman shot and killed Trayvon Martin. And they have the ability to do that. Zimmerman is free to claim an affirmative defense by saying ,“Yes I did it but I did it to defend myself.”
Isn’t it more reasonable to believe that the injuries sustained by Zimmerman occurred while Trayvon was defending himself? Zimmerman’s self-defense claim and the Police Department’s inaction become more and more absurd with each passing day. Since the 911 tapes have been released we can hear the wailing of an innocent child in the background of the recordings for nearly a minute prior to the shot being fired… the wailing of a child begging for his life that ends with a gunshot. Sybrina Fulton (Trayvon’s mother) has already said there is no doubt in her mind that the crying she heard in the recording was her son. With each 911 call that is released and each detail that is unearthed the incompetence of the Sanford Police Department becomes evident. Casey Anthony was held in custody for years, and put on trial for the murder of her daughter when the State of Florida didn’t even have a cause of death much less and identity of the killer. Here we know exactly what the cause of death was and who was responsible. AT A MINIMUM, THE STATE OF FLORIDA NEEDS TO PUT ZIMMERMAN ON TRIAL AND LET HIM CLAIM HIS DEFENSE!
This was NOT truly self-defense in my opinion. Zimmerman was obviously the aggressor in this situation and he needs to be charged and prosecuted for his actions. TO NORM WOLFINGER & THE SANFORD POLICE DEPARTMENT: STOP MISAPPLYING THE LAW AND CHARGE GEORGE ZIMMERMAN IMMEDIATELY.
Wednesday, March 21, 2012
Friday, December 31, 2010
WHAT TO DO WHEN YOU’RE PULLED OVER BY A COP
So you’re driving along, minding your own business and then it happens… you see the flashing red & blue lights in your rearview mirror. You’re getting pulled over. This is a stressful experience for most people but it doesn’t have to be so bad if you follow a few simple tips.
My most important recommendation is to be nice. Being a jerk never got anyone out of a ticket. In fact being a jerk could be the difference between getting a ticket and getting a warning. It could even be the difference between a civil infraction citation and a criminal charge!
Here’s what to do if you get pulled over:
1. Pull over in a safe place- Don’t pull over in any place that will put you or the officer in danger; such as the narrow left shoulder of a highway.
2. Pull over as soon as possible--don’t coast along for another couple of blocks. You put the officer on guard and he may think you’re stalling trying to hide something from him.
3. Keep your hands on the wheel-- where they can be seen.
4. Stay in the car- -don’t get out unless the officer asks you to.
5. Don’t be disrespectful. I’m not saying that you have to kiss up to a cop, just don’t be rude and nasty.
6. Don’t curse and be aggressive- it could get you charged with Disorderly Conduct which is a crime.
7. Sign the citation--YES, you need to sign the citation. Signing the citation is not an acknowledgement of guilt rather it is an acknowledgement of receiving the citation from the officer. And for your information, it is a criminal misdemeanor of the 2nd degree to willfully refuse to sign the citation. So make it easier on everyone and just sign for the citation instead of giving the officer a hard time about it.
8. And if it turns into a criminal investigation, exercise your right to remain silent
I understand that some of you “just don’t like cops.” That’s fine but being rude to them isn’t going to help you! Almost always, the Judge at a traffic infraction hearing asks the officer how your demeanor was during the traffic stop. If the officer says that you were rude and nasty, the Judge will probably adjudicate you and assess points instead of withhold adjudication and points. Or in exchange for withholding the points you could be sentenced to complete an 8 hour or 12 hour course rather than the basic 4 hour course.
Recently, I had a client who was very rude to the officer that pulled him over. When I went to his traffic hearing, the Judge asked the officer how the client’s demeanor was during the stop. The officer clearly recalled the rudeness and explained it to the Judge. The client is employed as a driver and could not afford to have points assessed to his license because he would lose his job. So he needed to do whatever was necessary to get the points withheld from his driving record. The Judge was reluctant to withhold adjudication because of the client’s actions during the stop. Ultimately he was ordered to do a 12 hour course in exchange for a withhold of adjudication. His bad attitude just cost him an additional 8 hours of coursework, an additional fine, and the extra cost of taking the 12 hour course versus the cheaper and shorter 4 hour course. What could have been a $150 speeding ticket ended up costing him over $700!
If you receive a traffic ticket, be polite to the officer then afterwards, call us at 877-538-6294 to take it up in court.
From everyone at the Law Offices of Moss & Wilson, have a safe and happy New Year! See you in 2011!
So you’re driving along, minding your own business and then it happens… you see the flashing red & blue lights in your rearview mirror. You’re getting pulled over. This is a stressful experience for most people but it doesn’t have to be so bad if you follow a few simple tips.
My most important recommendation is to be nice. Being a jerk never got anyone out of a ticket. In fact being a jerk could be the difference between getting a ticket and getting a warning. It could even be the difference between a civil infraction citation and a criminal charge!
Here’s what to do if you get pulled over:
1. Pull over in a safe place- Don’t pull over in any place that will put you or the officer in danger; such as the narrow left shoulder of a highway.
2. Pull over as soon as possible--don’t coast along for another couple of blocks. You put the officer on guard and he may think you’re stalling trying to hide something from him.
3. Keep your hands on the wheel-- where they can be seen.
4. Stay in the car- -don’t get out unless the officer asks you to.
5. Don’t be disrespectful. I’m not saying that you have to kiss up to a cop, just don’t be rude and nasty.
6. Don’t curse and be aggressive- it could get you charged with Disorderly Conduct which is a crime.
7. Sign the citation--YES, you need to sign the citation. Signing the citation is not an acknowledgement of guilt rather it is an acknowledgement of receiving the citation from the officer. And for your information, it is a criminal misdemeanor of the 2nd degree to willfully refuse to sign the citation. So make it easier on everyone and just sign for the citation instead of giving the officer a hard time about it.
8. And if it turns into a criminal investigation, exercise your right to remain silent
I understand that some of you “just don’t like cops.” That’s fine but being rude to them isn’t going to help you! Almost always, the Judge at a traffic infraction hearing asks the officer how your demeanor was during the traffic stop. If the officer says that you were rude and nasty, the Judge will probably adjudicate you and assess points instead of withhold adjudication and points. Or in exchange for withholding the points you could be sentenced to complete an 8 hour or 12 hour course rather than the basic 4 hour course.
Recently, I had a client who was very rude to the officer that pulled him over. When I went to his traffic hearing, the Judge asked the officer how the client’s demeanor was during the stop. The officer clearly recalled the rudeness and explained it to the Judge. The client is employed as a driver and could not afford to have points assessed to his license because he would lose his job. So he needed to do whatever was necessary to get the points withheld from his driving record. The Judge was reluctant to withhold adjudication because of the client’s actions during the stop. Ultimately he was ordered to do a 12 hour course in exchange for a withhold of adjudication. His bad attitude just cost him an additional 8 hours of coursework, an additional fine, and the extra cost of taking the 12 hour course versus the cheaper and shorter 4 hour course. What could have been a $150 speeding ticket ended up costing him over $700!
If you receive a traffic ticket, be polite to the officer then afterwards, call us at 877-538-6294 to take it up in court.
From everyone at the Law Offices of Moss & Wilson, have a safe and happy New Year! See you in 2011!
Thursday, September 2, 2010
The Importance of answering a Foreclosure Complaint
If you are behind on your mortgage, you should be receiving various notifications from the bank suggesting that if you do not pay up, they will take away your home. Frequently when Homeowners receive these notices they either:
1. Don’t fully understand what is going on,
2. Think that the bank is bluffing,
3. Think they have enough time to fix the situation with the bank.
4. Simply ignore the situation.
However, when a deputy or process server comes to your house or finds you and gives you a Summons and Complaint, you as the Homeowner had better take IMMEDIATE action. The Summons and Complaint means that the bank has started a lawsuit against you to foreclose on your property. In other words the bank is asking the Court to take your home away from you and give it back to the bank.
No matter how much money you have already put into your home, the bank can take it away if your payments fall behind. When you receive this complaint, you have 20 days to respond. Your response needs to be to the COURT. Some homeowners think that contacting the bank alone after they receive the Complaint is enough, however the Court needs to receive an answer in the Court file or else you will be Defaulted and have no further rights in the court proceedings.
Receiving a Summons and Complaint is not the end of the world. It does not mean that you will automatically lose your home. There are many defenses to a foreclosure action and many alternatives to losing your home to the bank! Some of these alternatives might include a modification of your loan, a deed in lieu, or a short sale.
In order to save your home or explore other alternatives, you MUST file an Answer to the Complaint with the proper defenses in a timely manner. The attorneys of Moss & Wilson can help you! It is extremely important to address the situation as soon as possible.
If your home is in foreclosure or you think it may be headed that way, call the Law Offices of Moss & Wilson at (877) 538-6294 for your free Foreclosure Defense Consultation.
If you are behind on your mortgage, you should be receiving various notifications from the bank suggesting that if you do not pay up, they will take away your home. Frequently when Homeowners receive these notices they either:
1. Don’t fully understand what is going on,
2. Think that the bank is bluffing,
3. Think they have enough time to fix the situation with the bank.
4. Simply ignore the situation.
However, when a deputy or process server comes to your house or finds you and gives you a Summons and Complaint, you as the Homeowner had better take IMMEDIATE action. The Summons and Complaint means that the bank has started a lawsuit against you to foreclose on your property. In other words the bank is asking the Court to take your home away from you and give it back to the bank.
No matter how much money you have already put into your home, the bank can take it away if your payments fall behind. When you receive this complaint, you have 20 days to respond. Your response needs to be to the COURT. Some homeowners think that contacting the bank alone after they receive the Complaint is enough, however the Court needs to receive an answer in the Court file or else you will be Defaulted and have no further rights in the court proceedings.
Receiving a Summons and Complaint is not the end of the world. It does not mean that you will automatically lose your home. There are many defenses to a foreclosure action and many alternatives to losing your home to the bank! Some of these alternatives might include a modification of your loan, a deed in lieu, or a short sale.
In order to save your home or explore other alternatives, you MUST file an Answer to the Complaint with the proper defenses in a timely manner. The attorneys of Moss & Wilson can help you! It is extremely important to address the situation as soon as possible.
If your home is in foreclosure or you think it may be headed that way, call the Law Offices of Moss & Wilson at (877) 538-6294 for your free Foreclosure Defense Consultation.
Monday, August 9, 2010
Why you should NOT talk to Cops
You have been given a Fifth Amendment right against self incrimination. You have the right to remain silent. I highly recommend that you exercise that right and not talk to the police in a criminal investigation without first speaking with an attorney.
In a criminal matter, you should not talk to the police or any other government agent without first consulting your attorney. I don’t care if you’re innocent. I don’t care if it’s the truth. It doesn’t matter if you have an alibi or not. There is NO way to predict whether or not anything you say can be used against you. That is because you have no idea what “evidence” they have (or will) come up with. It is not possible for anything that you say to help you. But it is very possible that harmless things that you say will hurt you. Make NO statement to the police under any circumstances. You have the RIGHT TO REMAIN SILENT, and you should! Here are the reasons why:
1. There is no way that it can help. You are not going to talk your way out of getting arrested however the more you talk the more likely it is that you will talk your way into handcuffs.
2. If you speak to the police and the conversation is not recorded in some way then it’s your word against the officer’s regarding what was said. In the years that I spent as a prosecutor I saw officers misremember a sequence of events or an explanation countless times. Often times an officer’s testimony is all that the State needs to convict you. If something that you testify to conflicts with whatever the officer “remembers” that you said that night, you could be convicted based on what the officer said you said. If there is no recording and no neutral witness to back you up, the jury or judge will likely believe the officer sitting there in his uniform swearing that what he says is the truth.
3. Even if your conversation is recorded, something could mysteriously happen to the recording after you give your recorded statement. If the recording is lost of destroyed you may have no way to prove what was actually said at the time of the statement. Don’t be fooled into thinking this cannot possibly happen to you. And when it does then you’ll right back to square one: your word against the officer’s as to what was said.
4. Cops are trained to keep you talking. That is because the more you say the more likely it is that they can find something that can be used against you. I don’t care if you think the cop is so nice and seems to be on your side. They are trained to seem that way. It is your best choice to simply tell them “I’d like to call my lawyer” and have NO further comment. Be polite. Be respectful. Don’t say anything more.
5. Officers are human beings. They are not robots. They have wives, husbands, toddlers and teenagers and all of the stresses of everyday life that the rest of us do. I say this to show that they are people too. They can and do make mistakes. It is likely that when a police officer arrives to a scene that he or she would have a totally different perspective than you and that may cloud how they listen to what you have to say to them. You may think you are focusing on one aspect of the incident and they are hearing and focusing on something completely different instead.
6. If you are guilty, you may admit your guilt without any benefit in return. If you are innocent and scared enough you may admit guilt in order to get what you think is a deal. You should not rush into any “deals” until after you have called your attorney and had the benefit of legal advice.
7. Some people think that they should talk because they are innocent. However even innocent people should exercise their right to remain silent. This is because even if you are innocent and only tell the truth, you may still give the police some information that can be used to help convict you. You may inadvertently say something inaccurate that is totally irrelevant to the actual crime being investigated. But once it is proven to be a lie, the State can and will use it against you to get a conviction.
Too many Americans view the Fifth Amendment as a shelter for wrongdoers. It really isn’t a shelter so much as it is a vital Constitutional right that is important for people to protect themselves from undue governmental intrusion into your life.
Let the police do their job. That is to find evidence that the crime was committed and of who committed the crime. You do not have to give them anything by speaking to them! Exercise your rights and tell them you want to you call your lawyer. Then immediately call us at (877) 538-6294 so that we can help you protect your rights.
In a criminal matter, you should not talk to the police or any other government agent without first consulting your attorney. I don’t care if you’re innocent. I don’t care if it’s the truth. It doesn’t matter if you have an alibi or not. There is NO way to predict whether or not anything you say can be used against you. That is because you have no idea what “evidence” they have (or will) come up with. It is not possible for anything that you say to help you. But it is very possible that harmless things that you say will hurt you. Make NO statement to the police under any circumstances. You have the RIGHT TO REMAIN SILENT, and you should! Here are the reasons why:
1. There is no way that it can help. You are not going to talk your way out of getting arrested however the more you talk the more likely it is that you will talk your way into handcuffs.
2. If you speak to the police and the conversation is not recorded in some way then it’s your word against the officer’s regarding what was said. In the years that I spent as a prosecutor I saw officers misremember a sequence of events or an explanation countless times. Often times an officer’s testimony is all that the State needs to convict you. If something that you testify to conflicts with whatever the officer “remembers” that you said that night, you could be convicted based on what the officer said you said. If there is no recording and no neutral witness to back you up, the jury or judge will likely believe the officer sitting there in his uniform swearing that what he says is the truth.
3. Even if your conversation is recorded, something could mysteriously happen to the recording after you give your recorded statement. If the recording is lost of destroyed you may have no way to prove what was actually said at the time of the statement. Don’t be fooled into thinking this cannot possibly happen to you. And when it does then you’ll right back to square one: your word against the officer’s as to what was said.
4. Cops are trained to keep you talking. That is because the more you say the more likely it is that they can find something that can be used against you. I don’t care if you think the cop is so nice and seems to be on your side. They are trained to seem that way. It is your best choice to simply tell them “I’d like to call my lawyer” and have NO further comment. Be polite. Be respectful. Don’t say anything more.
5. Officers are human beings. They are not robots. They have wives, husbands, toddlers and teenagers and all of the stresses of everyday life that the rest of us do. I say this to show that they are people too. They can and do make mistakes. It is likely that when a police officer arrives to a scene that he or she would have a totally different perspective than you and that may cloud how they listen to what you have to say to them. You may think you are focusing on one aspect of the incident and they are hearing and focusing on something completely different instead.
6. If you are guilty, you may admit your guilt without any benefit in return. If you are innocent and scared enough you may admit guilt in order to get what you think is a deal. You should not rush into any “deals” until after you have called your attorney and had the benefit of legal advice.
7. Some people think that they should talk because they are innocent. However even innocent people should exercise their right to remain silent. This is because even if you are innocent and only tell the truth, you may still give the police some information that can be used to help convict you. You may inadvertently say something inaccurate that is totally irrelevant to the actual crime being investigated. But once it is proven to be a lie, the State can and will use it against you to get a conviction.
Too many Americans view the Fifth Amendment as a shelter for wrongdoers. It really isn’t a shelter so much as it is a vital Constitutional right that is important for people to protect themselves from undue governmental intrusion into your life.
Let the police do their job. That is to find evidence that the crime was committed and of who committed the crime. You do not have to give them anything by speaking to them! Exercise your rights and tell them you want to you call your lawyer. Then immediately call us at (877) 538-6294 so that we can help you protect your rights.
Monday, July 26, 2010
Don't let your Divorce RUIN your Financial Life
Divorces are hard. Whether you are the husband or the wife, you will likely find yourself in economic hardship as a result of your divorce. If your finances are not handled correctly during your divorce, your financial situation could be ruined! Divorces cause more than just emotional distress. Sometimes it can lead to financial destruction. Here are some tips to help you avoid some of the common problems people face after a divorce.
1. Before you even file for divorce, be sure and I mean REALLY sure that divorce is the best option for your situation. Think about the emotional and economic impact the it will have on you, your spouse and your children. Plan for what your financial situation will be like AFTER the divorce. You may be unpleasantly surprised if you do not consider the end result before you actually find yourself there.
2. Create a spreadsheet and sensibly go over what your finances will look like after the divorce. Include how much money you will need to cover your expenses every month and how much income you will have coming in. If you need to make adjustments to your lifestyle such as cutting back on some luxuries, better to start now that realize post-divorce that you can no longer afford some of your current habits.
3. During your divorce start saving cash in a separate bank account where you are the only account owner. This means that your spouse would NOT be listed on this account and that he or she could not empty the bank account without you knowing. Unfortunately, sometimes a spouse will access a joint account and take all the money out of the account leaving the other spouse in a devastating predicament. It is important that you protect yourself be getting your own account and having your paycheck or any other income deposited there instead. This does not mean that you should hide the money in any way. Tell your lawyer that you have the bank account and be sure that it is disclosed during the divorce proceedings.
4. If you can, try to reduce any debt you have before even filing for divorce. It is also incredibly important to build up your own credit. You do not want to be in a position where you have no available funds and bad credit because of your divorce.
5. Gather all the information you can about any assets that you and your spouse own. Your lawyer cannot protect your rights to property that you don't even know about.
6. If you are awarded your home or any other real property pursuant to your divorce, make sure that the deeds are transferred to you and that this is completed right along with the divorce. It is not enough to have the final divorce decree say that the property is yours. You will need to have a deed, filed with the appropriate authority that proves you are the sole owner of that property.
There are numerous financial concerns to think about when you are getting a divorce. It is advisable to get an experienced attorney to represent your interests and protect your rights. Having a skillful attorney on your side can mean the difference between financial ruin and financial health after your divorce. The attorneys of Moss & Wilson can help guide you through the divorce process and aggressively protect your rights. Contact us at (877) 538-6294 for your FREE, no obligation consultation today.
1. Before you even file for divorce, be sure and I mean REALLY sure that divorce is the best option for your situation. Think about the emotional and economic impact the it will have on you, your spouse and your children. Plan for what your financial situation will be like AFTER the divorce. You may be unpleasantly surprised if you do not consider the end result before you actually find yourself there.
2. Create a spreadsheet and sensibly go over what your finances will look like after the divorce. Include how much money you will need to cover your expenses every month and how much income you will have coming in. If you need to make adjustments to your lifestyle such as cutting back on some luxuries, better to start now that realize post-divorce that you can no longer afford some of your current habits.
3. During your divorce start saving cash in a separate bank account where you are the only account owner. This means that your spouse would NOT be listed on this account and that he or she could not empty the bank account without you knowing. Unfortunately, sometimes a spouse will access a joint account and take all the money out of the account leaving the other spouse in a devastating predicament. It is important that you protect yourself be getting your own account and having your paycheck or any other income deposited there instead. This does not mean that you should hide the money in any way. Tell your lawyer that you have the bank account and be sure that it is disclosed during the divorce proceedings.
4. If you can, try to reduce any debt you have before even filing for divorce. It is also incredibly important to build up your own credit. You do not want to be in a position where you have no available funds and bad credit because of your divorce.
5. Gather all the information you can about any assets that you and your spouse own. Your lawyer cannot protect your rights to property that you don't even know about.
6. If you are awarded your home or any other real property pursuant to your divorce, make sure that the deeds are transferred to you and that this is completed right along with the divorce. It is not enough to have the final divorce decree say that the property is yours. You will need to have a deed, filed with the appropriate authority that proves you are the sole owner of that property.
There are numerous financial concerns to think about when you are getting a divorce. It is advisable to get an experienced attorney to represent your interests and protect your rights. Having a skillful attorney on your side can mean the difference between financial ruin and financial health after your divorce. The attorneys of Moss & Wilson can help guide you through the divorce process and aggressively protect your rights. Contact us at (877) 538-6294 for your FREE, no obligation consultation today.
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