Dennis Michael Phillips's Answers

Speedy trial defense?

Whether to waive the right to a speedy trial turns on a number of factors; so there is no one-size-fits-all approach. For example: if Defendant knows that the key state witness is out of the country for awhile, then push for speedy. But, if Defendant needs experts to refute state evidence by having tox screens, blood work, or challenging breath tests, then it may be better to waive speedy and buy the time to let the expert develop the case. These are just two quick examples; but there are...

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I need a personal injury attorney in Colorado to take over a matter that is in progress. The attorney I currently have is

If you replace your current attorney, he/she is still entitled to an equitable lien for time spent and for costs spent. That being said, if you want to find a Colorado attorney, I suggest starting with www.justice.org, as the AAJ is an organization of motivated trial attorneys.

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Is a subchapter S corp and a S corporation the same thing?

Yep. And don't forget to fill out IRS Form 2553

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My mother lost her will and her lawyer is deceased. He did not have a partner. We called the ABA in Connecticut but they did not

By "find the will", I assume you mean something to the effect of "find where the will has been officially filed". I'm pretty sure that the will has never been officially filed in any state or county records office because your mother is still alive. I keep copies of my clients' documents in their files; but I usually give them the originals to hold onto themselves because we usually do not know when/where we will die. If she dies without a will, then the intestacy laws from her state will...

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I'm transferring a car title to a stepdaughter. What's my &/or my wife's liability if my step daughter has an at-fault accident?

Just factor this into your thinking: in Florida, a car is considered a dangerous instrumentality; therefore the vehicle's owner is considered liable for the damages caused by its negligent maintenance or operation. So, transferring the vehicle out of your name and into the stepdaughter's name would protect everyone else in the world whose name is not on the title from liability arising out of the negligent maintenance or operation of that vehicle, including you and your wife. Dennis...

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False arrest

We are one block south of the Broward County courthouse at 7th Street and Andrews Ave. You are invited to call, email, or come by the office to discuss this further. The cops will likely try to defend by claiming probable cause or a valid arrest warrant; but your paper trail sounds like it should defeat those defenses. Dennis Phillips, Esq. (dennis@ballirolaw.com) dial: 866-INJURED or 866-ARRESTED Million Dollar Advocates Forum, Mensa, Broward County Justice Association Balliro...

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I have a wayward son and would like to set up a trust to control my funds going to him. Is this possible?

Putting funds into a Spendthrift Trust that sprinkles the assets on your son rather than giving him unfettered access can protect the money from him and from his creditors. The insurance is definitely one source to fund the trust; and I'm curious to know the source of the $700/month that you're paying him. There may be other planning options with that. I have other questions and issues that I would like to hear about before I laid out an entire plan for you. Why isn't he working? Where...

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I am a partner in a business IN NAME ONLY, but in ownership. What happens legally if I leave? The business is failing.

If you are really a partner, then you have a fiduciary relationship vis-a-vis your other partner(s). Check the partnership agreement to review the consequences and procedures for dissolution or for a partner leaving. If it is a partnership and if there are only 2 partners, then your exit will dissolve the partnership, by definition.

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Can a insurance debt collector suspend your license?

The Florida Dept of Financial Services has the power to suspend licenses of certain uninsured persons who are responsible for certain damages. Research Florida financial responsibility laws on the internet to see whether your facts fit such a situation. If the Bureau of Financial Responsibility is going to suspend your license, they will notify you ahead of time by mail.

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Question about divorce form 12.902 (b), family law financial affidavit

And don't forget to update your estate planning documents and financial/insurance account beneficiary designations. You can get a free designation of health care surrogate and living will at www.411LegalDox.com.

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