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Assault’s Big Brother: Battery

police with handcuffsSome cases of battery are more obvious than others. An all-out bar brawl, resulting in broken bones and hospital stays is much easier to identify as battery than a simple shove. But both of these examples demonstrate cases of battery. The seasoned lawyers at Ferraro Law Group have experience in battery cases of all degrees. Put this experience to work for you, and fight for a case result in your favor.

Battery is legally defined as:

● An intentional or unwanted touching

● That results in bodily injury

Keep in mind the bodily injury caused by the touching does not necessarily have to be visible. It can be enough for an alleged victim to state they were touched, or the touching hurt them. Unfortunately, it can be enough for the victim to give testimony… Continue reading

Can I Relocate With My Children?

family with kidsAfter the dust settles and the terms of a divorce become final, issues still arise that need handling. One common issue is when one of the parties remarries and needs to relocate with a new spouse. If there are children, the question about removing the children from the same location as one of the parents must be immediately answered. To get the information you need, call an attorney at the Ferraro Law Group with experience in family law cases.

Relocation of children is a legal issue, and when the need to move arises you must seek Court permission. If you have been offered a new job opportunity, have remarried and need to move with your new spouse, or have other needs that require relocation of your children, you will have to file a Petition with the Court allowing the relocation. The Petition… Continue reading

Aggressive Defense for Charges of Assault

police officerSome things always seem to go together. Batman and Robin, salt and pepper, peanut butter and jelly, and assault and battery, right? Except just like soap and water are two different things; assault and battery are two components of a common crime often lumped together. Competent criminal defense attorneys are quick not to assume where there is smoke, there is fire, and are capable of crafting aggressive defenses for charges of assault.

An assault is legally defined as an act that includes an intentional threat of:

● An act of violence

● By one with the ability to assert violence

● Accompanied by an act that creates a fear that the action will be carried out

A conviction for assault is a second degree misdemeanor conviction. As with any criminal conviction, your record is affected and casts a negative light on you in your… Continue reading

The Decision to Mediate Your Divorce

business partnersDivorce cases are made up of many complex issues, can be volatile, and take a financial as well as emotional toll on the parties. For some couples, the decision to submit their case to mediation is the right choice. The Ferraro Law Group participates in litigation of divorce matters as well as mediation. Our goal is to reach a resolution in a way that is right for you, without advocating for one forum over the other.

After having made the difficult decision to dissolve a marriage, consider the possible benefits of mediation. These benefits include:

● Lower cost

● A generally shorter time from inception to conclusion

● An informal setting, which instantly calms nerves and lowers the chances for emotional responses

● Accountability and meaningful participation for decisions made about the issues that matter to you most

If you are hesitant about… Continue reading

How Can I Clear my Record?

happy ladyAfter a criminal case is over, many people want to take steps to clean their record. A clean record helps when looking for a job, seeking to reinstate driving privileges or when filling out applications for certain types of professional licenses. The way to clear your record of an arrest or charge is by either record sealing or expunction. When asking that your record be sealed or expunged, it is important to use an attorney familiar with the process. The criminal defense attorneys at Ferraro Law Group can help you clear the slate, which will help you reach your goals and plan for a more stable future.

In Florida, expunction, sometimes referred to as expungement of criminal records is available under certain circumstances. The first step is to file a petition making the request that charges are removed from your record. To… Continue reading

How Criminal Defense Attorneys Help

question markThe Ferraro Law Group helps people charged with crimes by offering specialized legal services for both felonies and misdemeanors. Being arrested for any crime, however minor, is alarming. The possibility of jail time, the high fines and penalties and the possibility of a criminal record all require competent legal advice to ensure a satisfactory result. We work to relieve the stress of the criminal law process so you can focus on rehabilitating your reputation and rebuilding your life.

The Florida Rules of Criminal Procedure govern the procedure a criminal case follows. A skilled defense attorney is familiar with these rules and procedures and has experience negotiating with the prosecution. Criminal defense attorneys know the likely punishment for the crime you are charged with, and can explain possible outcomes so you are more at ease when entering the Courtroom and facing a Judge. In addition,… Continue reading

Caution Leaving The Scene of an Accident Has Severe Penalties!

Leaving the Scene Lawyer

Hit and Run is a Crime!

Leaving the Scene of an Accident, or “Hit and Run,” seems to be occurring at a fairly high rate in Martin County.  Before getting behind the wheel of a car, there are a few things you should know.  First and foremost, accidents happen.  And when they do, the drivers of the cars involved have a duty to exchange information,  and render aid to people who have been injured.  If everyone is injured to the point that they cannot respond or take information, and no police officers are present, the drivers have a duty to contact the nearest police department and report the accident.  In this situation, Florida Law says that, “The statutory duty of a person to make a report or give information to a law enforcement officer shall not be construed as… Continue reading

The Nebbia Hold

Stuart Criminal Defense Attorney

Stuart Lawyer, R.J. Ferraro can help with your Nebbia Hearing

So, a loved one has been arrested, the jail has informed you of the bond that’s been set, you’ve contacted a bondsman to pay the fee and then you are told as you wait in the jail lobby that the judge won’t authorize the release until after a Nebbia Hearing…

A What?????  A Nebbia Hearing.  Upon the Court’s initiative, or upon the prosecutor’s request, A hold can be placed on the Defendant until a hearing is conducted to determine that the funds used to post the bond come from legitimate sources.

In State Court, especially in Martin County or within the 19th Judicial Circuit, the Nebbia Hold is fairly rare.  However, It has been requested by some prosecutors recently in cases involving fraud and drug transactions.  Whether this is a trend… Continue reading

Probationers WATCH OUT!!!

Stuart Criminal Defense Attorney

RJ Ferraro has been resolving Violation of Probation cases since 2001!

If you are currently on probation in Martin County or on the Treasure Coast, watch out!  While no time is a good time to violate your probation, the fact is, if you violate now, it is very likely you will miss the holidays with your family.  I can assure you that there is no harder question to live with than “Why isn’t daddy here?” on Christmas morning.

The fact is that most violation of probation warrants are signed without assigning a bond.  You are not entitled to a bond on a VOP like you are on a regular criminal case.  And it is very rare for the judge conducting the hearing for First Appearance to grant a bond on another judge’s VOP warrant.  If you hire a lawyer quickly,… Continue reading

Does Martin County Criminal Court Operate Under The Good Ole’ Boy System?

Martin County DUI LawyerOf Course!  Every criminal court I have been in does, as best I can tell.  And that includes the courts in Martin County.  Now, my definition of a good ole boy system may be a little different then yours.  I am not trying to say that woman are  somehow inferior or that you have to be a certain race.  Martin County Courts DO NOT discriminate against attorneys or anyone else based on gender, race, color or religious preference.

However, there is no question that the out of town attorney suffers a bit of discrimination.  The local attorney that knows the system and the players in it has a huge advantage over the out of town lawyer when it comes to local customs and courtroom procedures.  Unlike a civil case where the attorneys from both sides can literally… Continue reading