Legal Principles Archives > Ferraro Law Group, PL

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The Medical Marijuana Card – 3 Things You Must Know About Your License to Chill….

medical marijuana is on its way

Medical Marijuana is still the exception, not the rule in Florida.

So, it finally came, your brand new, shiny State issued ID that entitles you to purchase medical marijuana legally through a licensed dispensary.  And you’ve gone through the process of purchasing your new medicine….  So now what?  Do you have an unfettered license to chill whenever you see fit?  Not exactly.  Here are three things you must know about your new prescription…

  1. You may not smoke your prescription.  Cannabis dispensaries offer a variety of products, including THC oils, topical creams and actual cannabis flowers or “buds,” however, these flowers may not be smoked legally.  They may be consumed with the use of a vaporizer (medical delivery device), however, they must remain in the child proof container… Continue reading

New Tax Laws Change Alimony

Permanent Alimony Tax Laws

Tax Reform changes long standing alimony principles.

Anyone watching the news knows that within the next few weeks, working Americans will be seeing more money in their paychecks thanks to the Trump Tax cuts approved at the end of last year.  Some businesses have proclaimed that they will pass on a portion of their savings to their employees, others have committed to expanding in the United States.  What people aren’t hearing about, is how the new tax laws will effect permanent alimony payors and payees.

Starting January 1, 2019, any new permanent alimony award will be taxable to the payor and deductable to the payee.  Historically, it has been the opposite.  The payor has traditionally been able to deduct the amount of alimony paid each year from their gross income, thus reducing the amount of actual taxable income by the amount… Continue reading

Two Ways A Dismissal Is Different From Getting Your Record Cleared

Anytime you do something drastic, you wonder just how lasting that impact of new actions may be down the road. For instance, if you decide to get serious about your health and start making changes to diet and exercise, you should only expect these changes to last as long as you are practicing healthy habits. This is a positive long term effect, but not all actions have this same kind of result. A good example is an arrest, and your natural inclination to wonder if the arrest will have any kind of effect on your future. The answer depends on the type of case, the outcome of the case, and a few other factors.

Criminal cases are usually disposed of by a finding of guilt or innocence, or the charges get dropped (dismissed). If your case was not dismissed, you can take steps to have… Continue reading

Five Factors That Affect Breath Test

Breath Test DUI Attorney

RJ Ferraro has defended against DUI convictions since 2001

The breath test is the most common way police officers make a determination that a driver has had more to drink than is legally allowed before operating a vehicle. Once an officer observes a driving pattern that is indicative of drunk driving, the car can be pulled over the drive questioned. If the questioning leads the officer to believe the driver has had too much to drink, he or she can ask the driver to submit to a breath test. When the breath test results show an alcohol concentration in the driver’s system of 0.08% or more, a ticket and arrest for DUI can be written. This type of scenario makes it critical for every driver on Florida roadways to know a few things about how breath tests work, and what types of things… Continue reading

Five Things You Might Not Know About Probation

VOP probation technical violation

Probation is an excellent option if you can follow the rules.

If you have been placed on probation then you know that there are certain things you can do and certain things that are prohibited. You probably also know that if you do something that is prohibited you can be charged with violating your probation. A probation violation or VOP is a new charge that you have to defend, and with every violation comes the risk that your supervision will be revoked. All of this is should sound familiar if you have been arrested and negotiated a plea that included a term of probation. But there are also some things about probation that are not as obvious, but just as important.

Five things you might not know about probation, but should if you are considering agreeing to a term, are:

A Three Point Update On Medical Marijuana

medical marijuana is on its way

Medical Marijuana is still the exception, not the rule in Florida.

In November 2016 the most publicized issue at the voting polls was the choice of president, but there were more issues on the election ballot than just the race for the White House. Most states had local issues to decide and here at home one of those issues was the legalization of marijuana for medicinal purposes. Known as Amendment 2, the measure passed with just over 70% of the vote. But the “yes” vote was not an all clear to do as one wishes, and in the months that have followed there have been additional questions that have arisen, and getting answers is imperative if anyone is expected to act within the letter of the law.

A quick three point update on the status of medical marijuana in Florida includes the following information:

A Three Point Explanation Of Trump’s Immigration Order

The moment Donald Trump took office he began signing Executive Orders. This type of action seemed shocking to most of the nation (but perhaps not unexpected) in that many of the orders appear to revoke important rights. One of the most hotly debated Orders is the one regarding immigration and the acceptance of refugees into the United States. Trump has long said he will take steps to keep the country’s borders safe, and along with his proposal to build a wall along the Mexican border, attempting to keep refugees out of the country appear to be how he plans to achieve this goal. But not everyone agrees with his tactics, and the flurry of pen marks put to Executive Orders in the first few days of Trump’s Presidency has caused not only uproar, but a lot of confusion.

If you are wondering what type… Continue reading

One More Piece Of Personal Data You Need To Know About

If you have ever spent any time at the beach you know that you leave a footprint in the sand for every step you take, and that as soon as the tide rolls in your footprint is erased. But in real life it is not as easy to remove all traces of where you have been and what you have done. For instance, if you are arrested for a crime or receive a traffic ticket, there is a record of that event that can be pulled up by the authorities with the click of the mouse. Depending on the severity of the charges, you might find yourself in hot water with the police if you are pulled over for another infraction. However, there are ways you can “erase” previous charges, but you have to qualify for the process. The procedure is referred to as records… Continue reading

Four Documents You Might Need To Replace, And Who To Ask For Help

Every U.S. citizen is given a social security number at birth, and this number stays with you your entire life. This is the number the government uses to identify you for things like paying taxes, applying for student loans, and can be linked to any criminal history record you have acquired. Other important forms of identification include your birth certificate, passport, and driver’s license. All of these things are needed when leaving the country, or getting on an airplane. If you do not have the proper identification when asked to present same, you can be detained and not allowed to travel or continue a trip you have already started. The inability to move freely from state to state, or to get on a cruise ship or take a flight to another location seriously hampers your freedom. But if you have misplaced your license or… Continue reading

Five Things You Should Do If You Are Pulled Over

Any time the red and blue lights of a police patrol car come into focus in your rearview mirror, you might be inclined to panic. Getting pulled over for a traffic violation is not only inconvenient; it can lead to harmful consequences as far as your ability to drive is concerned. Depending on the type of citation you receive, the punishment can include imprisonment and loss of your driver’s license. With a DUI you might also face other punishments or be made to participate in certain educational courses in order to resolve the case against you.

One of the scariest thoughts that might run through your mind if you are getting pulled over and have been drinking is that you could be arrested for DUI. In any traffic stop, but especially if there is a chance you might be asked to submit to… Continue reading

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