Gainesville and Ft. Lauderdale Lawyer | Attorney Catherine Gleason

The U.S. Constitution allows states the power to govern themselves, but where the entire nation’s welfare is concerned, Federal law trumps state law. This is under the “Supremacy Clause” of the U.S. Constitution. Some areas of criminal law are “concurrently” occupied by both state and Federal laws, but a state statute which contradicts a Federal law, will be ruled “unconstitutional” by a Federal judge and nullified. The Feds may also regulate a certain area of criminal law exclusively, so that they are said to have pre-empted the field. One example would be counterfeiting of money. You can see what chaos would follow if each state were allowed to regulate and issue their own money. Areas of law not occupied by the Feds are reserved exclusively to the states.

The Federal Interstate Commerce clause often grants the Feds criminal jurisdiction. That clause gives the Feds sole power to govern interstate business issues such as telephone, television, trucking, U.S. Mail, and air travel, to name a few. It’s the reason that sex with a minor becomes a Federal crime if she is taken over a state line. Other areas of criminal law that will invoke Federal jurisdiction are national security, the military, the Post Office, Federal Taxes, and Federal benefit entitlement programs. Graffiti is a local crime, but not if it’s on a Post Office building. Similarly, tax evasion or tax fraud, evading the military draft, breaking into a National Guard armory, or Welfare Fraud can all wind you up in Federal Court.

What about this? Joe gets drunk in San Francisco, drives to Las Vegas, stops to make an obscene gesture to a Federal Senator, and then he is arrested, still under the influence. Who gets Joe, the Feds or Las Vegas Police? Answer: the locals. His driving across the state line drunk has no national significance to the Feds. He did not threaten the Senator, and has a right to free speech, so his only offense is local drunk driving.

Note: many criminal cases are mixed. The Feds can allow the state to prosecute a small bank robbery. A Federal Prosecutor with a racketeering case can also prosecute a violation of a state murder law involved in their case.

Can the Police Search me without a warrant?

admin — Wed, 30 Dec 2009 23:37:16 +0000

es. There are numerous circumstances under which a search may lawfully be made without a warrant. Some general areas of exception where a search can be made without a warrant are:

(a) if the safety of the police officer is involved,
(b) whether the police are in “hot pursuit” of a criminal,
(c) when they see illegal evidence in plain view from a place they have a right to be,
(d) if they are doing temporary questioning,
(e) if a person consents to being searched,
(f) if they have made a lawful arrest, or
(g) if they have reasonable cause to believe they must enter a home, building or vehicle without a warrant because someone inside is in danger.

How do I know if I am hiring the right attorney for me?

admin — Wed, 30 Dec 2009 23:35:06 +0000

Several factors should be considered when chosing an attorney to represent you in a matter. First, ask the attorney for written qualifications. Second, you should feel confortable being open and honest with the poerson that you chose to represnet you. Third, ask around for referrals from friends, family and coworkers who may have used an attorney in the past. You can also check an attorney’s disciniplary action at www.FloridaBar.org.

Can my criminal records be expunged in the state of Florida?

admin — Thu, 25 Jun 2009 15:46:06 +0000

Yes, the FDLE provides a service in which certain criminal records can be expunged. Records that qualify are those that have not been adjudicated guilty as an adult, and have not been previously sealed or expunged. Florida has automatic expunction of a juvenile record at age 24 through age 26, depending on prior history and arrest or conviction as an adult. There are, however, many exceptions to this general rule and there are ways in which an expunction can be disqualified. Therefore, if you are looking to get criminal records expunged, it is important to contact a knowledgeable attorney in these matters to advise you of your rights and to help you through the process of sealing the records. You can contact our office at 352-371-9757 to discuss these matters and to begin the process of expunging qualified records.

I am involved in an ongoing investigation but no charges have been filed yet. Do I need an attorney yet?

admin — Thu, 18 Jun 2009 20:15:41 +0000

The answer is yes, most likely. Part of the consultation with the attorney is finding out whether you need legal representation. Even if you know you are innocent, it is important to know that charges can be filed against you and its is vital to have immediate professional help to protect your legal rights. If you find yourself in this situation, contact our office immediately at 352-331-9757 for your free consultation.

I am a victim of domestic violence. What is an injunction and how can I get one?

admin — Wed, 17 Jun 2009 15:42:47 +0000

Florida law defines domestic violence as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, or false imprisonment or any criminal offense resulting in physical injury, or death of one “family or household” member by another who is, or was, residing in the same single dwelling unit. Under Florida law, domestic violence is a very serious matter and the state has created the “Injunction for Protection”. An experienced attorney in these matters can help you file a petition for an Injunction for Protection against Domestic Violence if your abuser is your husband or wife, your ex-husband or wife, any person related to you by blood or marriage (such as your aunt, cousin or brother-in-law), any person who lives or lived in your household as if they were part of the family (such as a boyfriend or girlfriend of another family member), and the mother or father of your baby, even if they have never lived with you or been married to you. The law protects you against these people even if they are no longer living with you. You can file for an Injunction for Protection Against Domestic Violence after just one violent occurrence. If this situation applies to you, contact our office for a free consultation at (352) 371-9757.

I am getting a divorce. When can alimony be granted?

admin — Tue, 16 Jun 2009 15:20:06 +0000

Alimony is referred to as spousal support or spousal maintenance and is ordered by the court. This court order requires one spouse to pay an allowance to the other spouse. The alimony payment can be in a lump sum; however, it is more common for the courts to require monthly payments. The purpose of this payment serves to support a needier former spouse or to allow a former spouse to get the education necessary to support themselves. To determine if alimony is required in a divorce proceeding, the court will weigh a number of factors such as the standard of living of the spouses during the marriage, the financial resources of each party, and the age and physical condition of each party. If alimony is found to be proper by the court, the judge will also use these factors to determine the amount of the payment. If you are involved in a divorced proceeding, it is important to contact an attorney experienced in divorce law to protect your rights and oversee a fair and equitable divorce.

I violated my probation, what is going to happen?

admin — Mon, 15 Jun 2009 17:09:01 +0000

A violation of probation occurs when you fail to follow the conditions of your probation. Ways this can happen include but are not limited to: getting arrested, not contacting your probation officer, or violating a court order. If you fail to follow your conditions and a violation has taken place, your Probation Officer may return your case to court. There will then be a court hearing, and if a violation is proved, the judge has a couple of different options. Depending on the circumstances of your probation, the judge will either reinstate your probation or possibly sentence you to jail. In case of this event, it is important to contact an attorney as soon as possible to help you through the court proceedings.

If I am arrested, what should I do?

admin — Mon, 15 Jun 2009 16:39:54 +0000

An arrest can be a distressing event, and it is important that you are prepared in case of this event. First and foremost, it is crucial that a person under arrest does not discuss anything with the authorities without the presence of an attorney. Basic personal information such as name, address, and phone number are mandatory to disclose to the authorities under Florida law. However, any other information regarding the circumstances for which a person was arrested should not be disclosed without the presence of an attorney knowledgeable about criminal law. It is important to be polite and respectful to the authorities as this may garner you additional privileges not required under state law such as additional phone calls. Also, please remember, MIRANDA, is not always necessary, based on the stage of investigation. Only an experienced attorney can discuss these matters with you. Please call us 24 hours a day 7 day a week if you find yourself in an emergency arrest or investigative situation on our emergency line 352-224-0829.