M. Ladd, Author at Miami Criminal and Civil Legal Defense Lawyer - Matthew E. Ladd

Even Superman Needs a Will

Posted on April 25, 2017 by M. Ladd

Summertime is around the corner which makes right now a great time to plan for the unthinkable. The end is one of the few certainties in life for everyone, even the Man of Steel. You’ve probably already invested an hour looking for the cheapest flights or finding the right hotel. But have you invested any time thinking about what your family’s vacation might be like if you weren’t alive this summer?

No one likes to consider what happens should they pass unexpectedly.

Who will take care of your share of the rent or mortgage?

How will your spouse keep up with paying all the funeral expenses, credit card
bills, car payments, Florida pre-paid payments?

If both you and your spouse die, who will take care of your kids? How will
whoever ends up with them pay for their expenses?

If you think that your life is expensive now, just wait and see how expensive your death is for your survivors. Planning for the inevitable is probably the most important thing that you do for your family before you travel.

Getting the right advice is essential and it doesn’t have to cost a lot. Internet forms are better than nothing, but nothing beats getting the right advice. A consultation takes less time than your flight search, and acting now before you travel is the responsible thing to do.

Bundles are a great way to get the essentials without spending all the vacation money. Before you travel this summer you should have a working knowledge of what you have (or should have) when it comes to your will, a living will, a health care surrogate and medical directive, power of attorney in the event of incapacity, term life insurance (at least), disability insurance, guardianship of your children, and assess the pros and cons of establishing your assets in a trust.

Growing families should have the ability to add children to their estate plan and work to avoid having whatever assets they have protected from costly probate fees and taxes.

You might already have your reservations you may even be packed, but ask yourself, or your spouse before you hit the road this summer, are you really ready?

This entry shall not be construed as formal legal advice and does not form an attorney-client relationship. Matthew E. Ladd, Esq. is an attorney in Coral Gables, FL who practices in the areas of State and Federal Civil and Criminal Litigation and estate planning.

Threat against cop on Periscope app leads to arrest of West Kendall teen

Posted on March 31, 2017 by M. Ladd

A West Kendall teen has been arrested after authorities say he threatened to kill a Miami-Dade cop while chatting on the increasingly popular web broadcast service Periscope.

Jean-Michael Montenegro, 19, was charged this week with cyber stalking and written threats. He appeared in court Tuesday and was later released from jail on a $6,000 bond.

Periscope, an offshoot of the social-media app Twitter, allows users to broadcast live using their smart phones or tablets. Viewers can then chime in on a real-time chat that appears on the screen.

On April 8, a Miami-Dade police sergeant was being interviewed on a “department-sanctioned” broadcast from Goulds Park about recruiting future officers.

Detectives say Montenegro — with the user name “jeanmon600” — entered the Periscope chat and wrote “I’ll kill u sergeant.”

The sergeant, whose name was not released, said “he was in fear for his life and has since altered his living patterns,” Miami-Dade Detective Roy Rutland, of the Homeland Security Bureau, wrote in an arrest report.

Investigators scoured social media and identified Montenegro, who blurted out “I didn’t mean to threaten that guy!” when he was confronted, police said. Montenegro eventually confessed he was behind the threat, police said.

His defense lawyer, Matthew Ladd, said on Tuesday that Montenegro is innocent.

“The allegations do not support that any crime has been committed. We have entered a plea of not guilty and are investigating the allegations to determine why exactly the arresting officer decided to arrest Jean,” Ladd said.

Crimes involving social media — Facebook, Instagram and Twitter among others — have increased as the programs have become ingrained in daily habits.

Periscope, which is owned by Twitter, launched in March 2015. As its use has increased, so too have incidents involving the live-streaming app. In one particularly troubling case, an Ohio teen girl stands accused of live-streaming her friend’s rape. She was recently charged in connection with the attack and this week pleaded not guilty.

Last fall, a Lakeland woman was charged with DUI after she used Periscope to live-stream herself driving home while drunk.

Read more here: http://www.miamiherald.com/news/local/crime/article72674737.html#storylink=cpy

YOU JUST GOT A DUI IN FLORIDA, HOW WILL YOU GET TO WORK ON MONDAY?

Posted on September 14, 2016 by M. Ladd

MIAMI- by: Matthew E. Ladd, Esq., 305-665-3978

You wake up at TGK. You smell awful. Your car has been impounded. You hope that your phone has enough battery to call someone to pick you up. You start looking at the paperwork the officer gave you after he decided that you were DUI last night. There’s a bunch of fine print about a review hearing. You read something that seems to relate to if you blew into the breathalyzer or not. You don’t pay any attention to it. It’s fine print and you don’t even think you should be in this situation. All you want to do is sleep, and hope that when you wake up this nightmare will be over.

You pass out only to wake back up. You are still living the nightmare, only now, it’s been two days since you were pulled over. You are convinced that you need to call a lawyer because you aren’t sure if you are allowed to drive to work. You Google DUI lawyers or get a number from someone recommended to you. You make the call and figure out that you are allowed to drive to work tomorrow, but within 10 days of the arrest, your license will be suspended for six months.

The clock is ticking and you learn the time to act is now before its too late. Florida Law has a special process that will allow you to get a license to do drive to work, school, church, the doctor, and the law has even been interpreted to allow driving to the grocery store. The law explicitly allows “[A]ny driving necessary to maintain a livelihood, including driving to and from work, necessary on the job driving, driving for educations purposes, and driving for church or for medical purposes”. The terms “necessary,” “livelihood,” “educational,” and “medical” may be up for debate, but at least you know that you can get to work and back.

Getting this special “business purposes only” license requires you to take advantage of a new law passed in 2013. Fla. Stat. 322.271(2)(b) allows for the driver to request a waiver of the formal suspension review hearing (with limited exceptions) and obtain the business purposes only license. A strict condition of taking advantage of this process is to apply within 10 days of being charged.

The alternative of going through the quick waiver process is a formal administrative hearing. If you are found to have refused to blow into the machine or determined to have been driving under the influence of alcohol in violation of law then you won’t be eligible for a hardship license for 30 days if you blew and 90 days if you refused! Of course if you win, you won’t have any suspension, but you take a big risk. After the 30 or 90 days is up, the hearing officer will determine if you are allowed to have the business purposes only license, a more limited kind for “employment purposes only,” or possibly no hardship license at all.

A condition to getting a hardship license is signing up for DUI school. Two common providers that will allow you to register online is Metro Traffic School https://www.metrotrafficschool.com/dui-school.html and the Advocate Programhttps://payment.advocateprogram.com/Dui/DuiOnlineRegistration. The classes generally require a $50 down payment.

If you plan to take advantage of the waiver program and get a business purposes only license register for the DUI class before you go to the DMV and take the proof of your enrollment with $25. You will be one step closer to getting back on the road and your life back on track.

For more information related to how to get to work after your DUI call Matthew E. Ladd, Esq., 305-665-3978 or in the event it’s a weekend call the emergency line at 305-984-4649.

Nothing contained herein should be considered as formal legal advice or the formation of an attorney-client relationship. The article is written merely for general information purposes and may or may not apply to your specific situation. Exceptions exist in all circumstances and the above matter involves discretion exercised by officials.

Here’s the FAQ publised on the FLDHSMV webpage regarding the hardship license.
Hardship for Refusal Suspension
Added: September 9, 2013 / Updated: December 23, 2014
How do I get a hardship license with a Refusal to Submit to a Breath,Urine or Blood test suspension?
First offense is a one year suspension. You will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. If you have a valid driver license, you will be given a 10-day permit on the date of arrest. No hardship license is permitted if you have refused to submit 2 or more times.
First Time DUBAL or Refusal Suspension: Effective July 1, 2013

Effective July 1, 2013, the Administrative Suspension Waiver Law went into effect – Florida Statute 322.2615 (1)(b)3 and 322.271(7).

The purpose of the waiver is for you to have the opportunity to “waive” your option for a formal or informal hearing. You cannot “change your mind” once you have been approved for the waiver.

Eligibility for the waiver:
1. It’s your first Dubal or Refusal (in state or out of state).
2. Have not had a prior Refusal, Dubal, Reckless driving conviction (DUI that was reduced to a reckless) or prior DUI conviction in Florida or out of state.
3. Must apply for and have the review for the waiver within 10 days of the offense with the Administrative Review office. Click here to find a list of counties in Florida. Select your county and then scroll until you see “Under Suspension – need driver license for work” to find the Administrative Review office for that county.
4. When you contact the Administrative Review office you will be required to complete an application/affidavit for waiver and it must be witnessed by a hearing officer. If the waiver review is by telephone, application/affidavit can be witnessed by another adult.
5. If you are granted authority for the waiver, then you are immediately issued a “BPO” Business Purposes Only driver license until you appear in court for the DUI.
6. There is a $25.00 fee for the Waiver with proof of DUI school enrollment. All major credit cards accepted.

You must provide proof of enrollment in an approved DUI School to the Administrative Review office where you live for consideration for a hardship license. If given approval to reinstate early for hardship, you must pay a reinstatement fee and any applicable license fee. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. If referred, treatment is required. Failure to complete treatment may result in cancellation of your driver license.
Here’s the Administrative Rule:

15A-1.019 Reinstatement; Hardship.
Any driver whose driver’s license has been suspended, revoked, or cancelled for any reason, other than those that are statutorily prohibited, and habitual offenders during the first year of their five year revocation, may apply immediately to the Department for the modification of the order or the reinstatement of a license pursuant to Section 322.271, F.S., as follows:
(1) Furnish the Department with a completed Application for Administrative Hearing (form HSMV-78306, Revised 12/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-04157, and herein incorporated by reference), obtained from a Department office, and the following:
(a) Driver’s license, if in applicant’s possession.
(b) A list of all arrests for traffic violations in this and any other state.
(c) Proof of driver improvement school requirements as provided in Section 322.271, F.S.
(2) If, after the hearing, the Department modifies its suspension, revocation or cancellation order or reinstates the use of the applicant’s driver’s license, such use will be for employment or business purposes only as defined in Section 322.271, F.S. for the remaining period of the original suspension or revocation.
(3) If, after the hearing, the Department affirms its original order, no further hearing shall be held, except that another hearing shall be granted by the Department if proof of new evidence is submitted.
(4) A violation of the restrictions imposed on the use of a reinstated license shall cause the license to be automatically suspended or revoked for the remainder of the period of the original suspension or revocation.
Rulemaking Authority 322.02 FS. Law Implemented 318.15, 322.16, 322.245, 322.271, 322.28, 322.282 FS. History–New 11-20-75, Formerly 15A-1.19, Amended 12-22-92, 6-3-14.

Stalking Injunctions and Injunctions for Protection from Domestic, Dating, or Repeat Violence

Posted on April 20, 2016 by M. Ladd

It’s an all too common scenario. Neighbors or a couple get mad at each other. They fight. The cops are called. They don’t know who to arrest. Sometimes they arrest everyone involved. Sometimes they arrest just one person. Sometimes they don’t arrest anyone. In almost every case, the police will advise the parties that they have the option of pursuing an injunction for protection.

Injunctions for protection are civil judgments that give the police the ability to arrest the target if they violate any one of the many terms specified, including coming within 100 feet of the person that the injunction is supposed to protect. Injunctions are generally imposed on a temporary basis if a judge determines that the allegations warrant the immediate protection. A hearing is held after notice is given to the person who is the alleged aggressor after about a month. Evidence from both parties is allowed and a judge will decide the outcome. A judge can order that the injunction should stay in place for a few months, forever, or not impose it at all and dismiss the case. An important consideration is to decide if the allegations are being pursed by DCF or the State Attorney. Defending the injunction could jeopardize your standing in future cases.

Injunctions can be an effective tool in domestic cases to keep hot tempers from further boiling over into additional domestic violence incidents by keeping the parties at a safe distance. They also help get the State Attorney and DCF involved.

However, when it comes to neighbors, it gets a little trickier. It is unlikely that a judge would force someone to move out of their home in a non-domestic violence case. The more reasonable approach is for a judge to impose a smaller zone of restriction between the parties and to advise the aggressor to stay as far away from the other person as they can.

I’ve recently handled a few cases where the people seeking the injunction made really outrageous allegations. Fortunately, we won and the judge agreed with my clients and determined that there wasn’t a sound basis to impose the restrictions.

The take-away: steer clear of problem neighbors, and even sometimes that won’t be enough. Rather than subject yourself to the potential violations that can get charged as crimes, fight it! You can’t win it if you aren’t willing to fight it!

For an aggressive defense of civil stalking or domestic violence injunctions, call Matthew E. Ladd at 305-665-3978.

Nothing contained herein should be construed as formal legal advice or the formation of an attorney-client relationship. Consult an attorney if you are faced with the issues discussed herein.

Fighting Over Fighting with Stalking Injunctions and Injunctions for Protection from Domestic, Dating, or Repeat Violence

Posted on April 20, 2016 by M. Ladd

For an aggressive defense of civil stalking or domestic violence injunctions, call Matthew E. Ladd at 305-665-3978.

Nothing contained herein should be construed as formal legal advice or the formation of an attorney-client relationship. Consult an attorney if you are faced with the issues discussed herein.

Resolving Probation Violations With Rehab

Posted on January 28, 2016 by M. Ladd

Probation violations like testing positive on a drug test can mean that the defendant is exposed to being sentenced to substantial prison time. For example, if the reason for the probation was a third degree felony, the maximum exposure is five years in prison. If the underlying crime was a second degree felony, the maximum exposure is 15 years (first degree felonies carry a maximum prison sentence of 30 years). The defendant is entitled to credit for the time served, but oftentimes substantial prison time is still in play.

The hardest part about defending a probation violation is that the standard for the government to prove the violation is really low. They don’t have to prove that the violation occurred beyond a reasonable doubt. The government only has to show that sufficient evidence exists to find the defendant in violation. The violations are usually pretty easy to prove and that means quick action to defend against them is usually vital.

Surprisingly, all hope is not necessarily lost. If drug or alcohol addiction is a factor, the violation may present itself to be an opportunity to intervene and provide rehabilitation services to the defendant. Rehabilitation is always a win-win if the government is willing to give the client a second chance. The court can also sentence the client to more probation or modify the current probation to drug offender probation. Clients are wise to consider that drug treatment is a great alternative to jail and prison time and could be the saving grace to preventing future offenses. For more information on defending probation violations in Miami, Broward, Monroe or Palm Beach, call Criminal Defense Attorney Matthew E. Ladd, Esq., 305-665-3978.

Navigating the Federal Sentencing Guidelines

Posted on January 20, 2016 by M. Ladd

Crimes charged in Federal Court are subject to the onerous Federal Sentencing Guidelines. Each crime is designated with an offense level that determines how many years in prison are in play for a minimal sentence. Recent precedent gives the sentencing judge wide discretion in determining how much time should be served even when there are minimum mandatory sentences involved.

In addition to the base offense level, there are factors that could increase or even decrease the guideline sentencing suggestion. For example, if a gun was used or if someone was seriously injured, a typical drug case could be enhanced with a higher offense level. The range of things that can increase a base offense level can be something as simple as obstructing the investigation to the fact that a private plane was used to import drugs.

It’s also possible to decrease the offense level by doing anything from writing a letter of apology and taking responsibility for the offense, to showing that the role played in the offense was “minor” or even “minimal” in relation to the entire offense and the role played by others. Someone who did not plan or orchestrate the crime should work for a reduction relative to the organizer.

It’s also really important to know what kind of charge to accept before the plea agreement. Accepting a charge like “importation” of drugs rather than to “conspiracy to import” may preclude the availability of arguing for mitigating role reductions. The simple reason being is that if the offense charged is importation, and the person charged carried the drugs into the country, it is a lot harder to say he only had a minor role in the importation.

However, if the offense is “conspiracy to import”, and the role was carrying the drugs into the country, the ability to argue that the importation was simply a minor or minimal part in relation to the entire conspiracy and relative to the role of others involved, it could shave off a few years of prison.

Figuring out what is available and what is actually worth pursuing takes an experienced attorney to navigate through the Federal Code. It seems overwhelming when faced with minimum mandatory sentences and maximum life sentences, but oftentimes, something can done to help reduce the total amount of prison time before sentencing.

For more information on how to shave years off a sentence prior to sentencing call Coral Gables Federal Criminal Attorney Matthew E. Ladd for a free consultation, 305-665-3978.

Penal / Tráfico – DUI

Posted on November 24, 2015 by M. Ladd

Defensa agresiva. Lucha contra las detenciones ilegales, ilícitos pull-overs y lecturas aliento falsas.
Exámenes administrativos deben ser solicitadas dentro de los 10 días de la detención.

Una condena por beber y conducir más allá del límite legal puede resultar en encarcelamiento, pero los tribunales lo más a menudo permitirá súplica a la sentencia mínima obligatoria y camina lejos con poco más de libertad condicional, servicio comunitario y multas. Navegando por tu manera de evitar la cárcel y para ahorrar en multas y sanciones puede ser confuso. Por no hablar, es posible que tenga las defensas disponibles que le pueden impedir ser condenado por completo. Representación agresiva puede mejorar sus posibilidades de obtener los cargos caído por completo o reducido a un cargo menor como la conducción temeraria. No tome una súplica sin entender la fuerza de su caso y saber sus opciones. Llame hoy para una consulta gratuita.

Encontrar un abogado puede ser una experiencia muy difícil y asegurarse de que las tarifas que paga son justos puede ser aún más difícil. Soy un fiscal Estatal Adjunto de Miami-Dade Primera. Después de retirarse de la oficina del fiscal acepté un cargo en la Florida Cámara de Representantes donde trabajé en la creación de diversas leyes relacionadas con la justicia penal. Puede estar seguro de que el consejo que doy y las tarifas que cobro es ayudar a usted y no explota su situación.

Tenemos un abogado de guardia 24/7 para responder a sus llamadas telefónicas y evaluar su situación. La obtención de asesoramiento jurídico a la mayor brevedad posible le permite proteger sus derechos y comenzar la construcción de su defensa con todas las opciones disponibles. Llame hoy mismo o envíe sus datos a continuación y uno o fuera abogados pondrán en contacto con usted.

Penal / Tráfico – Multa de Tráfico

Posted on November 24, 2015 by M. Ladd

Permítanme poner mi experiencia como ex fiscal a trabajar para usted. Te ayudaré:

Mantener Puntos de Su Licencia,
Restablecer Su Licencia, y
Evite Tener Que Ir a la Corte & Escuela de Tráfico

Voy a ayudar a minimizar las multas que debe, puntos si su licencia, y le impiden tener que perder horas en la escuela de tráfico. Una llamada puede hacerlo todo! Llame hoy mismo!
305-665-3978

Author: M. Ladd