Ralph H. Schofield Jr.’s Answers

Ralph H. Schofield Jr.

Lakeland Litigation Lawyer.

Contributor Level 12
  1. In family law, what is cumulative evidence, in relation to FL Statute 90.612?

    Answered 9 months ago.

    1. Ralph H. Schofield Jr.
    2. Arica Lynn Braaten
    3. William Charles Rosenfelt
    3 lawyer answers

    Cumulative evidence is not mentioned in section 90.612 but IS mentioned in section 90.403. The law generally makes evidence inadmissible if it is not reliable, unhelpful, or prejudicial (more so than it should be). In the case of "cumulative," we are talking about "unhelpful" evidence. Namely, we are talking about evidence that simply goes to duplicate evidence already presented or prove a point that's already been proven. This is not a cut and dry matter. If you have two witnesses to an...

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  2. I am a tattoo artist..independant contractor.i recently left a tattoo shop and request that they remove the pics of my tattoo wo

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. David Lloyd Merrill
    3. Bruce E. Burdick
    3 lawyer answers

    The first type of dispute that comes to mind when reading these facts is whether there is copyright infringement by the tattoo shop displaying your work. Based exclusively on the facts provided, you appear to be in the right, because, under the current Copyright Act, a work is “made for hire” (and owned by the employer) only if (1) you are an “employee” when creating the work or (2) you expressly agree that the work is “made for hire.” Thus, when you are an independent contractor and there is...

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  3. I need to correct the charge of a possession of a controlled substance case.

    Answered over 1 year ago.

    1. Amber Hill
    2. Ralph H. Schofield Jr.
    3. William David Umansky
    4. Corey Ira Cohen
    5. Mark H Randall
    5 lawyer answers

    The answer depends on whether the background checks are incorrect or your lawyer was incorrect. If the lawyer was incorrect, and the result truly was a felony conviction, see Ms. Hill’s advice above. If the background checks are incorrect—and I have seen this occur with regard to pleading to a lesser offense—the procedure below applies. Assuming the error is on the Florida Department of Law Enforcement (FDLE) criminal history report, the practical first step is to contact the arresting...

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  4. Can I get sued for someone falling off my golf cart

    Answered 9 months ago.

    1. Ralph H. Schofield Jr.
    2. Joseph John Bernardo
    3. Daniel Nelson Deasy
    4. Christian K. Lassen II
    5. Christopher Robert Dillingham II
    5 lawyer answers

    He certainly can sue you, but the question is whether he will win and how much. Here, there is a potential claim that you acted negligently and that you had a duty to your passenger to drive more cautiously. You intelligently are on to something with the concept of assumption of the risk, and there may be some teeth to that defense, but that might be the same argument a driver of a car would make when a passenger sues him for injuries suffered when the car negligently drives into a wall. One...

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  5. What is an evidentiary hearing?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Jeffrey B. Lampert
    3. David Lloyd Merrill
    3 lawyer answers

    An evidentiary hearing is one that involves something other than pure attorney argument. If the hearing is not evidentiary, all that can be done is for the attorneys to argue about facts already in the court record (such as agreed facts or facts already decided by the court) and how the law applies to those facts. If the hearing is evidentiary, live testimony from witnesses, documents that support your case, and other items may be presented. The court will make determinations as to "...

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  6. How should counsel behave towards pro se litigants and how should I communicate with opposing counsel?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Jeffrey B. Lampert
    3. Jeffrey Bruce Gold
    4. Clifford M. Miller
    4 lawyer answers

    Lawyers have an ethical obligation to act with decorum. I would recommend that you follow that same ethical guideline, regardless of how the opposing lawyer is acting. The reason has little to do with the law and more to do with the respect you will receive from the Judge. if you appear to be doing your best and acting with intelligence rather than emotion, the Judge will be more likely to give you a little bit of freedom. As for stipulating to motions, the answer is that it depends (on...

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  7. If my home goes into foreclosure will I have to pay income tax on the monies the mortgage company will lose on my house?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Harrison Wesley Poole
    3. John P Fazzio III
    3 lawyer answers

    While I will defer to other attorneys who answer this question who are better versed in the tax code than I am, I don't think what you state in your question is entirely correct. Once a foreclosure occurs, and the sale proceeds, the remaining amount owed becomes a judgment against you and in favor of the bank. The bank can attempt to collect this judgment against you, but, it appears, would not have much success. But there is no "income" to tax, as you still owe the full amount of the...

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  8. Does each missed mortgage payment constitute a new cause of action?

    Answered 7 months ago.

    1. Ralph H. Schofield Jr.
    2. Margery Ellen Golant
    3. Richard Paul Zaretsky
    3 lawyer answers

    Parties continue to dispute and argue this point, but generally speaking the statute of limitations is measured from the last default. If no acceleration occurs, that could be as late as the maturity date (i.e. final payment due date). If the bank has, in fact, accelerated, all amounts are due immediately and there are no future due dates. So the last possible default is the date of acceleration. However, if you make any payments after acceleration, this MAY change the story. Of course, the...

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  9. When did 316.1935 become a felony in Florida?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Bryce Aric Fetter
    3. Mark H Randall
    4. William David Umansky
    4 lawyer answers

    The offense of fleeing was upgraded to a 3rd degree felony in 2004. In '94, it was generally a misdemeanor, except that in late 1994 it was upgraded to a felony IF there was a high-speed chase. With regard to correcting an erroneous criminal history record, review my detailed answer to a related question here: http://www.avvo.com/legal-answers/i-need-to-correct-the-charge-of-a-possession-of-a--1023279.html#answer_1844396

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  10. What does, STATE'S DISCOVERY EXHIBIT AND DEMAND FOR RECIPROCAL DISCOVERY, mean?

    Answered 10 months ago.

    1. Ralph H. Schofield Jr.
    2. Robert Jason De Groot
    3. Cynthia Marie Veintemillas
    4. Richard Ansara
    5. Mark H Randall
    5 lawyer answers

    This is a reference to the discovery/disclosure procedure provided by the state’s criminal procedure rules. Under those rules, if the defendant has participated in discovery (written requests or depositions) or has filed a “Notice of Discovery,” the next step is for the prosecutor to send a “Discovery Exhibit,” which includes a list of potential witnesses and a statement of or copies of pertinent evidence. Now that the Discovery Exhibit has been exchanged, and assuming the defendant...

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