The judicial system punishes convicted criminal defendants primarily in one of two ways, probation or jail. Jail requires no explanation. However, when one is placed on probation, there are often several conditions attached to it, such as completing a class, paying restitution to victims, drug/alcohol testing, paying court and probation costs, etc. A violation of any probation condition or getting a new charge (“new law” violation) brings the case back before the judge. Probation violations are very serious because the judge may sentence the offender all over again on the “underlying crime.”Therefore, as an example, if an offender was sentenced on a crime such as possession of drugs or grand theft and received a probation sentence of eighteen months, the court may impose a penalty of five-years incarceration (the maximum penalty for a third degree felony) for any violation, no matter how serious the violation. Also VOP’s are often issued on “no bond” warrants. This means being incarcerated until a VOP arraignment is held, usually two-weeks later.

Please contact us at Philpott & Sawtelle, PLLC should you violate your probation. There are several possibilities  available for resolving your case quickly and satisfactorily.

Overview - A clean criminal record is an important asset. It often determines whether an applicant gets a particular job. Having a criminal record expunged sometimes determines whether a person who already has a particular job can keep that job, or advance to a better job. It can also affect decisions of professional licensing boards. In our increasingly demanding society, criminal record checks are required of nurses, volunteer sports coaches, day care center workers, persons seeking to be foster parents, or adopt children, applicants for a firearms permit, and persons applying for school positions, to name but a few. Criminal record seal and expungements enable an applicant to avoid unpleasant consequences of past situations.  Once your criminal case is resolved, please ask us about having your criminal record expunged.

Do I really need to have my criminal record sealed or expunged?

The answer to this question depends on the value that you place on an expungement. On the one hand, a record of a criminal conviction, or even an arrest, can keep people from obtaining a much desired job. On the other hand, people who are self-employed often have no need for an expungement. But even self-employed persons may need expungements. For example, they may want to be considered for government contracts. Or they may want to rent an apartment, or coach a local sports team, or adopt a child. What it comes down to is that this is a question that only you can answer.

Please call for a free consultation with an attorney to see whether you quality for a criminal record seal or expungement.

Contract Law is an area of civil/business law. As its name implies, it concerns contractual relationships between parties, and in some cases the rights of third persons who are not actual “parties” to it.  In general terms, the formation of a Contract requires an offer, an acceptance, and bargained - for consideration. Although these terms may sound simple, they are governed by very technical rules which can be quite confusing. After a valid contract has been formed, the parties to it must act in good faith to carry out its terms. Depending upon the language of the Contract, one parties’ obligation may be a condition precedent to the performance of the other. If the parties to the contract do not act timely or fail to perform as promised, they may be in “breach.” The non-breaching party is then entitled to a remedy i.e. money damages, specific performance, and /or rescission of the contract.
Did you know?

1. Not all “Agreements” between parties have the legal status of being a “Contract.”
2. Some contracts are not required to be in writing.
3. The Uniform Commercial Code (UCC) governs contracts involving the sale of goods over $500.00.
4. There is difference between a contract that promises to do an act in the future in exchange for another’s promise to do an act in the future, and a contract that requires an act for an act?

Please contact Philpott and Sawtelle, PLLC, If you have a contract concern. We are here to help!

Landlord/Tenant law is a branch of civil law that concerns the relationships between renters and owners of property. Whether you are a landlord seeking to remove a tenant or recover damages, or you are a tenant who feels a landlord has unfairly treated you, it is important to understand the law and the rights and duties it imposes upon each party. Landlord/ Tenant law is embodied in Chapter 83 of the Florida Statutes, and it sets forth the procedural requirements that must be followed by either party to win or defeat a claim.  
Did you know?

1. Under certain circumstances a tenant may be evicted without a hearing or a right to raise a defense?
2. Under certain circumstances a tenant may be required to pay “double rent”?
3. Under certain circumstances a tenant may with-hold rent payments, but only after certain procedural requirements are followed?
4. There are vastly different legal standards and requirements between commercial and residential tenancies?

Please contact the law firm of Philpott & Sawtelle, PLLC should you need legal assistance in this area. Our firm has experience representing both Landlords and Tenants in commercial and residential tenancies. We are here to help!