Florida Archives - McMann Law

25 Oct

Florida Motorcycle Road Rules

Motorcycle Accident Florida, Lakeland, lawyer, motorcycle accident, Motorcycle Laws

Most rules that apply to vehicles also apply to motorcyclists, in Florida. There are licenses to obtain and much of the same road rules to follow. In Florida, with the abundance of motorcycles, one must be vigilant when sharing the road. If you spot a motorcycle on the road you should give them extra space and know where they are at all times. And if you are driving a motorcycle and you are injured in an accident, contact a motorcycle accident attorney immediately.

Lane Sharing

Lane splitting is not legal in Florida, but lane sharing is. This is when two motorcycles share a lane and drive side by side. They must be driving at the same or approximately the same rate of speed.

Motorcycle Control Rules

First and foremost, Florida requires motorcyclists to be in full control of the vehicle while they are driving. This means that he must be sitting properly at all times. The motorcycle must also be equipped with a secure-permanent seat for the driver. He must be in moped position which is sitting as if straddling a horse, with one leg on either side of the motorcycle. The person must be facing forward, with both wheels on the ground. The driver must have both hands on the steering wheel, and not be carrying a package that would impede this. He is able to lift his leg from the footrests if needed. He must be sitting at all times, although the driver is able to rise from the seat to ensure careful driving.

Lights

Unlike regular automobiles, Florida only requires motorcycles to have one functioning light. The motorcyclist must have a rear view mirror that can see at least 200 ft behind him.

Rules For Carrying Passengers

Florida does not require that motorcyclist passengers wear helmets. And the number of passengers that bike can carry varies, depending on the motorcycle’s equipment. For example, a standard motorcycle can typically seat two passengers. But if the motorcycle has a sidecar, it can seat more passengers. A passenger sitting behind the driver is knows as a ‘pillion passenger’. The passenger should not interfere with the conducting of the motorcycle when riding along.

3 Oct

Family Law Divorce Counsel | When To Hire A Divorce Attorney

When Should You Hire A Lawyer During A Divorce?

Mark McMann

Divorce attorney, Divorce, family law, Florida, Lakeland, legal advice

When facing a situation as delicate as a divorce the option of doing it yourself may pop up. It seems more economical but may end up costing you more in the long run. Not only can a divorce be monetarily more expensive when it is all said and done but it can also be nerve racking when going at it alone. Even a civil divorce can take a massive turn for the worst once in court.

Professional Advice

By leaving it to the professionals you are in a much better position to obtain all that you are entitled to. In addition you will avoid making costly mistakes. Even in a short marriage there are usually assets that will be divided as well as child custody to be addressed. A skilled divorce attorney should ensure that you will be receiving what is owed to you. Debts are also calculated and you don’t want to end up paying more then you should.

Decrease Stress

Oh those sleepless nights of pondering what position you will be in after it’s all said and done. You can alleviate much of this stress by handing all your documents to a divorce attorney. Avoid picking an attorney that does not specialize in divorce. The experts will draft your Petition, supporting documents, financial affidavit, along with all the pertinent documents that are required. They will set the hearings including Mediation to try to settle the case to the benefit you as much as possible. If your case goes to trial a seasoned attorney will have to fight tooth and nail for you.

Binding Agreement

By hiring a divorce attorney you can ensure that you will end up with an order in a timely fashion. The divorce decree will explain in clear language where you stand as a divorcée and will not be riddled with mistakes, which will not be accepted by the courts or enforceable.

30 Aug

Family Law | Divorce Guidance Lakeland Florida McMann P.A.

How Does The Divorce Process Work In Florida?

Mark McMann

Divorce attorney, Divorce, family law, Florida, Lakeland

This article was written based on the information provided in the Official Florida State Statutes Chapter 61 Section 052 (Dissolution of marriage)

Divorce can be quite a simple and easy process when both parties mutually agree and no children are involved. In a situation such as this one, divorce can be as simple as filing a form. In Florida, a couple can file for divorce as long as one of the individuals has been a registered resident of the state for six months.

In general, dissolution of marriage can be granted if one of the two conditions are met:

• the marriage is irretrievably broken

• one of the parties has a mentally incapacity

In the case of the marriage being irretrievably broken, the court will aim to confirm that the marriage is indeed irretrievably broken. As long as both parties agree to the divorce, the court will easily proceed. However, it will not be this simple if a child is involved or if the divorce is not mutual. Under these circumstances, the court will order both parties to consult with a professional such as a marriage counselor, priest/rabbi, or someone qualified by the court.

During this time, the court can draw the divorce out for up to 3 months to grant both parties enough time to reconcile. And in the case of a child being present, the court will take actions that are in the best interest of the child. Throughout this process, the court may determine that the marriage is not irretrievably broken and reject the divorce.

If the divorce process is being drawn out, the court may determine appropriate orders for issues such as alimony, child support, etc. Another important thing to know about having a divorce with children involved is that both parties will be required to attend a parenting course. This will help the parents create a parenting plan, learn how to put the child’s interests first, and ensure the child is raised in a healthy environment.

There is much more to divorce proceedings than this, and it is wise to read through the official Florida statute on this subject (provided above). It isn’t necessary to hire a divorce attorney for a simple dissolution of marriage. But you will most certainly want to consult with one if the divorce is not mutual, there are children involved, or there are disputes about assets, obligations, and custody.

Consider contacting the law office of Mark McMann, P.A. for an experienced divorce attorney in Lakeland Florida. You can reach the office by calling (863)-393-9010 or visiting our website: www.mcmannlaw.com.

17 Feb

What You Need To Know About Florida’s Medical Marijuana Policy

Mark McMann

Legal News Florida, legal advice, Marijuana Laws, Medical Marijuana

Last November, 71% of Florida voters decided to allow medical marijuana in our state. There have been several important updates to the policy over the past year. Section 381.986 is very long and can be difficult to understand. You can save time by reading our general summary of it. If you are interested in reading the actual statute, feel free to view the Florida Legislative Website here: 381.986 Medical use of marijuana.

Only Allows ‘Low THC’ Cannabis

The statute only mentions allowing low-thc cannabis which includes any form of marijuana that contains less than 0.8% THC weight by weight. While this may be changing, this is what the law states as of now.

Tight Eligibility Requirements

One common misconception of this law is that there are many diseases/illnesses that make someone eligible for medical marijuana. This is not the case. The current requirements to be place on the ‘compassionate use’ list are terminal illnesses, and conditions that cause seizures or muscle spasms.

Growing Requirements Are Extremely Tight

To be a grower of low THC marijuana, an individual must meet many requirements. They must have the financial ability to operate for no less than two years. The area of business must meet VERY STRICT guidelines for security. This includes 24 hour surveillance and requiring all employees to carry photo ID at ALL times.

Marijuana Is Not Decriminalized

A common misconception is possessing marijuana is no-longer a criminal offense. This is not the case though. The amendment had no effect on the criminal status of this offense. However many cities are adopting new policies on this offense, so consult your city’s policy on this instead of the amendment.

Final Words

All-in-all, the amendment has paved the way for future additions to the Florida law. It’s important that you stay well-informed on current laws. These laws will likely evolve in the near future, so be sure to continue following my blog to stay informed about updates. And be sure to contact Mark McMann, P.A. for any legal guidance in Lakeland FL.

9 Feb

Experienced Personal Injury Attorney Lakeland Florida | McMann P.A.

Reasons You Need An Experienced Personal Injury Attorney

Mark McMann

Personal Injury attorney, Florida, Lakeland, legal advice, personal injury

We know how to gather and handle valuable evidence

How evidence is gathered is just as important as the evidence itself. A personal injury attorney will know the proper methods to gather supporting evidence, and how to handle it. If you do this on your own you risk tainting the evidence and ruining your case. Don’t take these kind of risks because they can prove to be expensive.

We understand the legal process

There is a special legal process for personal injury claims, and personal injury attorneys know this process better than anyone. From denying claims to proposing higher ones, its helpful to hire an attorney. They aren’t tricked into making decisions that will affect your case. Whats even more helpful is hiring an experienced P.I. attorney. They can see right through scare-tactics the opposition will use.

We can get you the maximum compensation

Many people are hesitant to go after maximum compensation, or they don’t realize what maximum compensation is. Its important to know that once you reach a settlement, there is no going back. So if you accept a low amount, you will not be able to get any compensation if something goes wrong in the future. This is particularly important for injuries because there is no telling what the effect will be on your body in the future.

27 Jan

Family Law | Divorce Attorney Lakeland Florida McMann P.A.

How to Have a Civil Divorce When a Child is Involved

Mark McMann

Divorce child custody, Divorce, family law, Florida, Lakeland

No matter what circumstances surround a divorce, it is important that you remain civil with your ex-spouse when a child is involved. Children need both parents and it is selfish to rob them of this. Make it your goal to follow these steps for your child’s sake.

Stay away from predatory divorce attorneys

There are countless divorce attorneys out there that will try to sway your opinion on the divorce. Their goal is to convince you to go after money and property so that they can take a large cut. They will not be looking out for your best interests, so do your best to avoid them. Simply focus on finding an attorney that has a track record of civil agreements during divorce and child custody.

Remember that your child needs both parents

It’s much easier to remain civil when you focus on your child’s needs as opposed to your feelings. Children will benefit from having both parents in their life. So if you truly want the best for your child then you should focus on remaining civil with your ex-spouse.

Try to understand your ex-spouses’ point of view

This can be difficult for many, but you should really follow this step. There are always two sides to a story and most people are not intentionally cruel to people they love. Your ex-spouse likely feels the same that you do about the situation, so keep this in mind when you are going through a divorce.

Don’t talk badly about your ex

If you talk poorly about your ex-spouse, it sends many signals to your child that are confusing. First it makes them ashamed to love their parent. It also diminishes their respect for the parent which can cause many problems down the road. Follow the golden rule in this situation…would you want your ex-spouse talking poorly about you in front of the children?

Respect each others home rules

You and your ex-spouse likely have different home-rules that you expect the child to obey. It is important for a child to learn that they are expected to follow different rules in different settings. As long as your child isn’t doing anything that you consider seriously inappropriate, you should respect the ex-spouses rules.

Stay friendly

Always make it a priority to remain friendly with your ex-spouse. If you can do this, then it will make things much easier. All-in-all it comes down this rule. The child will benefit from this as well, so make an effort to remain friendly.

17 Jan

The Importance of a Establishing a Will

Mark McMann

Wills, Trusts, and Estate Planning estate planning, Florida, Lakeland, legal advice, wills

First and foremost, a will outlines the way you would like your property to be distributed after you have passed away. With a will in place you can name the executor of the will, which means you pick who is in charge of executing your wishes. This is extremely important because you only want someone prepared for the job. If you have a large amount of property and investments to be dealt with, you will definitely want to have a will in place.

It is not essential to name an attorney as executor of the will, but it is important that you choose someone in good health. Also pay attention to laws across states if your executor lives elsewhere. By speaking with an attorney about setting up your will, you can have peace of mind that your will is secure. The person you choose can always speak with an attorney to get assistance with any issues they may have.

The ideal choice is to go ahead and create a will now, even if you are young and in good health. You can always update your will but there is nothing you can do if it’s too late. Without a will, the state steps in and makes decisions on your behalf. This isn’t necessarily bad, but it is not helpful if you had specific wishes and trusts you wanted in place.

All in all, you can never make a will too soon. With some proper planning you can have peace of mind and know that if anything ever happens to you, that your wishes will be carried out. For help with creating a will, choosing an executor, or anything else it is best to contact an attorney or specialist in this field. If you are looking for a Lakeland FL experienced will & trust attorney, look no further than Mark McMann P.A. You can contact him with any questions by calling (863) 393-9010.

4 Jan

Various Types оf Child Custody Arrangements

Mark McMann

Child Custody attorney, child custody, Divorce, family law, Florida, Lakeland

Divorce is stressful enough as it is, but when there is a child involved it gets even more difficult. It is important that parents who decide to get a divorce remember that they still need to do what is best for their children. During уоur initial visit wіth уоur divorce lawyer thе subject оf child custody wіll bе brought uр and which type of custody it is that you would like to have.

Joint Custody

Thіѕ іѕ when thе parents share equal rights аnd іѕ аlѕо knоwn аѕ shared parenting. Thе parents wіll bе ordered tо prepare а schedule wіth mutual consent оr thе court wіll іf thе parents саnnоt dо it. When choosing thіѕ type оf child custody thеrе іѕ ѕоmе thіngѕ thаt аrе tаkеn іntо consideration ѕuсh as:

Thе parents ability tо cooperate оn issues thаt аrе related tо thеіr children
Thе parents active involvement іn thеіr children’s life аnd саn give thе proper child care

Mоѕt оf thе courts favor thеѕе types оf child custody cases bесаuѕе thеу bеlіеvе іt іѕ mоrе beneficial fоr thе children tо hаvе а good relationship wіth bоth оf thеіr parents. It helps tо reduce thе trauma tо thе child when thеу аrе separated frоm оnе parent.

Sole custody

Thіѕ іѕ when thе child custody case gіvеѕ full custody rights tо оnе parent but іn today’s world thіѕ type оf child custody іѕ rarely granted but thеrе аrе circumstances when іt іѕ granted. Thе non-custodial parent саn bе gіvеn visitation rights аlthоugh thеу mау bе supervised.

Onе parent іѕ knоwn tо hаvе іn indulged іn child neglect, unable tо provide proper care fоr thе child оr indulged іn abuse
Thе parent hаѕ bееn thе primary caregiver fоr а long period оf time
Substantial proof іѕ gіvеn tо prove thаt а parent іѕ unfit
Lack оf parental involvement іn thе children’s life оr nо strong parent-child bone
Onе parent іѕ prone tо alcohol оr drug abuse
It іѕ nоt іn thе child’s bеѕt interest tо grant оnе parent sole custody

Temporary Custody

While thе divorce proceedings аrе gоіng оn thе family court саn give а ruling оn thе child custody cases іf thе parents саnnоt соmе tо аn agreement out-of-court. Although thе ruling states thаt іt іѕ temporary custody, аftеr thе divorced іѕ finalized іt іѕ uѕuаllу upheld аѕ permanent. Thіѕ соuld bе bесаuѕе changing thе child custody ruling соuld adversely affect thе children аnd disturb thеіr routine.

Thеѕе аrе јuѕt three оf thе dіffеrеnt child custody cases thаt саn occur when parents initiate divorce.

When dealing with divorce legal issues or disputes, it is important to seek the legal advice and representation of an experienced divorce attorney or lawyer as soon as possible, as the longer you wait to obtain legal representation may directly affect your ability to achieve a successful outcome.

We provide professional divorce attorney & lawyer legal services in Lakeland, Winter Haven, Bartow, and surrounding areas. We urge you to be proactive in protecting your legal rights.

The firm takes great pride in its commitment to client service. Here, the bottom line is less important than obtaining the best results for the client. Call the firm and speak with Mark McMann at (863)-393-9010 to discuss your options…and get the facts regarding child custody today.

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