Family Law

• Divorce
  Our comprehensive divorce practice includes handling uncontested divorces, military divorces, collaborative divorces, and divorces between same-sex couples. We have experience in the unique or challenging issues presented by high net worth couples and high asset cases, and we are fully prepared to answer all questions or deal with all matters in your divorce, from issues of parental responsibility to questions of attorney’s fees and costs.
• Child Support
  A periodic fee contract is preferred if the time for completion of a particular legal action, such as a proceeding for the dissolution of a marriage or the enforcement of a child support and visitation order, is indefinite. Fixed hourly or daily fees allow an attorney to receive compensation even if the result of the services provided is not the outcome sought by the client. However, if the fee is fixed as to rate, a factor to be considered in determining the reasonableness of the fee is whether the client’s ability to pay rested to any significant extent on the outcome of the representation [R. Regulating Fla. Bar 4-1.5(b)(8)]. As compared to a flat or a contingent fee, a fixed hourly or daily fee will more accurately reflect the time that the attorney actually spends in serving the client [see [c], [d], below].
• Child Custody and Visitation
  “Child” means any person who is under the jurisdiction of a state court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), or who is the subject of any order granting to a parent or other person any right to residential care, custody, or visitation as provided under state law [see Fla. Stat. 61.13001(1)(b)].
• Paternity
• Premarital Agreement
  Prenuptial agreements are also referred to as premarital agreements or antenuptial agreements. Regardless of the name used, they are legally identical.
• Guardianship
  Inter-vivos may be advantageous depending upon your circumstances.  For instance, a revocable trust allows your estate to avoid probate, maintain financial liquidity, and avoid guardianship issues.  This is beneficial for those who want to maintain privacy. Only you, the executor of the estate, and the beneficiaries will know the details of the estate.
• Spousal Support
  If a party willfully fails to comply with an order of the court, he or she may be subject to contempt proceedings [see, e.g., Chapman v. Lamm, 388 So. 2d 1048 (Fla. 3d DCA 1980)]. As opposed to the other forms of enforcement, contempt is a harsh procedure, in that a party may be subjected to incarceration or fines, or both, for failure to comply with the orders of the court [see Chapman v. Lamm, 388 So. 2d 1048 (Fla. 3d DCA 1980)]. While a person cannot be imprisoned for failure to pay a money debt [see Art. I, 11, Fla. Const.], imprisonment for failure to pay a court-ordered obligation of alimony or support is based on the fact that the obligation arises not out of a mere debt, but out of a duty of support owed by the party to his or her dependents, and that in accordance with public necessity steps must be taken to ensure that parties will fulfill their obligations of support [see Chapman v. Lamm, 388 So. 2d 1048 (Fla. 3d DCA 1980)].
• Annulment
  Depending on the circumstances, invalid marriages are either void or voidable. A void marriage is an absolute nullity, and no judgment or decree of nullity is necessary to restore the parties to their original rights. Nevertheless, for the sake of the good order of society and for the peace of mind of all persons concerned, it is best that a judicial determination of the invalidity of the marriage, or annulment, be obtained. The issue of invalidity of a void marriage may be raised in any court, between any parties, and either during the lifetime of the parties to the marriage or after their deaths. A void marriage is often called a putative marriage, and the parties are called putative spouses.
• Child Abuse
  Spousal abuse, child abuse or other incidents of domestic violence sometimes lead a spouse to file for divorce. At other times, domestic violence may rear its ugly head for the very first time after a party files for divorce and the situation gets heated. In any event, it is vital to keep yourself and your children safe during a divorce and thereafter. Florida law offers protection in the form of an injunction for protection, also known as a restraining order or protective order. These injunctions can force an abuser out of the house and prohibit them from having any contact with you. Injunctions for protection can also make custody and support orders, decide who lives in the home, and other matters. A person who violates a protective order can be arrested and jailed.

Criminal Law

• Criminal Defense
  Regardless of the class of felony, if you’ve been charged with a felony it is important that you speak with an experienced criminal defense lawyer as soon as possible.  In Florida, felony convictions receive strict sentences and even harsher consequences once you have served incarceration time.  If convicted of a felony, you lose your right to vote, may find it difficult to find a job or credit to buy a car or find adequate housing.
• DUI/DWI
  If you are arrested for a DUI, it’s serious. Florida laws are tough on those driving under the influence of alcohol, chemicals including prescription drugs, or illegal drugs. Driving or actual physical control of a vehicle while impaired by alcoholic beverages, chemicals, or controlled substances can result in various charges. These offenses vary in severity of punishment, but, except for commercial vehicle cases, require proof that the accused: drove or was in actual physical control of a vehicle; was under the influence of an alcoholic beverage, a chemical substance listed in Florida Statutes, Section 877.111, or a controlled substance listed in Florida Statutes, Chapter 893; was impaired or had a blood or breath alcohol level of.08 or higher. Such conduct is unlawful even on private property.
• Traffic Violations
  Traffic citations can harm your reputation, affect your car insurance rates and possible affect your job status, especially if your primary work task involves operating a motor vehicle or a commercial vehicle.  Even one traffic ticket can adversely affect any of these issues.  It is important to take action and consult an attorney who will be able to advise you of your rights and offer you advice as to the best way to proceed.
• Sex Crimes
  It is not fraud that would warrant the annulment of a sexually consummated marriage for a woman to persuade a man with whom she has had sexual intercourse to marry her by falsely representing to him that she is pregnant by him. Similarly, it has been held that a husband’s failure to inform his spouse of a rape conviction and his status as a parolee was not sufficient fraud, in itself, to authorize the annulment of the marriage when the marriage had been consummated by the parties’ living together and having sexual intercourse for several months before the wife became aware of the conviction.
• Theft
• Misdemeanors
  In the state of Florida, criminal actions are classified as either felonies or misdemeanors.  The essential differences between the two concern the length of incarceration and the place of incarceration.  Those who are convicted of a felony generally receive a longer sentence and are incarcerated in a state penitentiary while misdemeanor offenses are generally served in a county jail for usually up to one year.
• Drug Crimes
  Capital felonies are the most serious offenses and may be punishable by death or life imprisonment.  These felonies may include murder, capital drug trafficking, armed kidnapping, and felonies which include death or a particularly serious sexual offense.
• Assault
  “Domestic violence” for purposes of an injunction against domestic violence is defined as any assault, aggravated assault, battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal act that results in physical injury or death of a family or household member by another family or household member [Fla. Stat. 741.28(2)]. “Stalking” includes following and repeatedly telephoning a person [Biggs v. Elliot, 707 So. 2d 1202, 1202 (Fla. 4th DCA 1998) (trial court’s decision that statutory term “stalking” includes following and repeated telephoning was not clearly erroneous)].
• Murder
  Mr. Hoffman has tried over 260 Criminal Jury Trials, which includes multiple capital crimes and Death Penalty Murder Trials…
• Restraining Order
• Kidnapping
• Manslaughter
  Typically, an officer or another witness sees the driving or the defendant’s statements may prove the driving. When that is not true, the circumstantial evidence rule applies. Thus, in Davis v. State, for example, the court acquitted the defendant where the evidence failed to overcome his testimony and other proof that he was only a passenger in the car. The court reached the same result in Lukas v. State, where there was no direct evidence of driving or actual physical control and the circumstantial evidence failed to exclude every reasonable hypothesis of innocence. The court came to a contrary conclusion in West v. State, in a DUI manslaughter based solely on the State’s expert testimony.

Health Law

• Personal Injury
  John F. McGuire received his Bachelor of Arts Degree in Political Science from the State University of New York at Buffalo in 1988. He earned his Juris Doctorate from the Detroit College of Law in 1993. Mr. McGuire’s areas of expertise are personal injury, civil litigation, and criminal defense. His professional affiliations include the Clearwater Bar Association, the Florida Bar Association, the Association of Trial Lawyers of America, and the American Bar Association.
• Medical Malpractice
  Unfortunately, injuries are a part of life. They disrupt normal routines, careers, and family life. They can take a physical, emotional, and financial toll on you and your family. When accidents occur as a result of the negligence of others, you may need professional help. That’s where my law firm can play a significant role in recovering what you’ve lost, seeking justice, and restoring order to your life. In such negligent injury cases, we listen to your story and help assess who may be responsible for your injuries. We’ve been practicing injury law in Clearwater and Pinellas County for more than 20 years and have worked on all types of serious injury cases including car accidents, motorcycle accidents, medical malpractice cases, and many others.

Trusts and Estates

• Estate Planning
  Unlike other areas of the legal practice, estate planning discussions don’t arise out of a personal or financial crisis.  Estate planning concerns the future and what you want to leave to your loved ones in terms of personal possessions, real property, money, and, if you’ve owned your own business succession planning.   In addition to these considerations, many clients want to plan and provide directives for the final disposition of their remains.  A well considered estate plan avoids future headaches and heartaches for loved ones and ensures that your final wishes are followed.
• Wills
• Power of Attorney
  Florida law establishes provisions for adults who become incapacitated and are no longer able to care for themselves, their loved ones, or their affairs.  A guardian may be appointed to administer these issues but a power of attorney or a living will provides more flexibility in that it respects the personal preferences and wishes of the one incapacitated.
• Probate
  Florida has enacted and enforced probate laws since it became a state in 1845.  Probate matters are supervised by the court system.  It is a process in which a decedent’s assets and liabilities are determined, final assets distributed to the named beneficiaries.  Chapter 731-735 are devoted to issues of probate in the Florida Statutes.

Finance Law

• Bankruptcy
  Attorney Gino A. Megna is honored to have been invited by Judge Catherine McEwen to serve as a guest lecturer at the Thomas Cooley School of Law where he had the privilege to teach and mentor aspiring lawyers the facets of Chapter 7 bankruptcy law.
• Foreclosure
  Bankruptcy does not include most mortgages or liens; however, judgment liens and some liens on personal property, called “non-purchase money security interests,” may be voided if they encumber exempt property. If a debtor wants to keep his or her house, generally the debtor must continue the payments on the mortgage. If the debtor wants to keep a car which is liened, he or she must likewise continue the payments. A debtor facing foreclosure on his or her home may use Chapter 13 to repay past due payments and other costs, while also making the regular mortgage payments, and keep the home. Chapter 13 may also be used to get back a car that has been repossessed by a creditor. In a Chapter 7 liquidating bankruptcy, certain property can be “redeemed” from a lien by an appropriate proceeding in the bankruptcy, which would require paying to the lien holder the market value of the property.
• Tax Law
• Debt Collection
  Anyone who has thought about bankruptcy as an option for their financial problems has already suffered through harassing and threatening letters and phone calls from creditors and debt collection agencies.  The anxiety and stress can be overwhelming.