FAQS

What will happen after the property and other assets have been seized?

It is taken by the government, is stored as evidence in a criminal case, and a report indicating the identity of the owner of the property, estimated value and a description of the asset.

What law enforcement agencies are involved in these processes of confiscation?

State, and federal police, as well as municipal commonly conduct all seizure and forfeiture actions. Moreover, most federal agencies, such as the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the Internal Revenue serviceid (IRS) also perform these procedures.

Can you fight against the confiscation?

Yes, the law allows the defendant whose property was seized to challenge this conviction, specifically states that there are some goods that are not subject to forfeiture. Additionally, many situations have arisen that the owner has no connection with the alleged crime. This person could not have been present at the time that the crime took place, or even have any idea or knowledge, that is, lending a car to a person who committed a violation of law. The so-called innocent the property owner has the legal right to challenge the confiscation of their property.

Is it allowed just to take my assets if law enforcement thinks I committed a crime?

No, there should be a judicial process first. Law enforcement needs a search warrant, consent or a seizure order. There are specific procedures the government must follow to seize the property. The government has to show that the assets were obtained through criminal activity, then, the court will allow the seizure. Furthermore, the government has to prove in a civil or criminal proceeding that the goods were the result of a criminal activity or were used to facilitate the crime.

How many types of Asset Forfeiture are there?

There are essentially two kinds of asset forfeiture that a criminal defense lawyer will come across. They include:

• Criminal Asset Forfeiture Civil Asset Forfeiture

How can an attorney help me have my property back?

The first thing an asset forfeiture attorney will do for you is to find out which government agency took the property. Depending on which type of asset forfeiture you are dealing with, the attorney will choose which laws and jurisdiction relates to your case. Then, in order to study who is on the other side, the asset forfeiture attorney will find out about the agency involved in your case.

What happens if you are convicted of the offense of having alcoholic beverages in areas of schools?

The school area is a special area so that people who are in this area with alcohol may prosecute a penalty of six months in prison and pay a fine of $ 1000 minimum.

What if my child is under age 21 and accused of driving under the influence of alcohol?

All children under 21 who are accused of driving under influence of drugs or alcohol may be subject to a judgment from $ 500 to $ 2,500 fine. They could be sentenced to a year of imprisonment and revocation of driver's license. These people may be subject to be sentenced under the same conditions of seniors.

What happens to minors who use fake identification and are arrested for drunk driving?

For those people who try to buy alcohol or driving under the influence of drugs using false identification testifying adulthood may be sentenced to pay a $ 500 fine and/or perform community serviceid. Also they can complete 12 months in prison and the driver's license may be suspended for at least 6 months and no more than one year.

Is it a crime to operate a boat under the influence of alcohol or drugs?

Driving any motorized transport under the influence of alcohol and drugs is also considered a crime, it is not allowed under the laws of Florida. Drunk driving a boat may be sentenced the same way as if you were driving a car under the influence of alcohol/drugs.

If I am arrested for driving under DUI, does this count as a criminal record?

Yes, driving under the influence of alcohol and drugs is considered a crime in the state of Florida; therefore, it is recorded in the criminal record of the person incriminated by a time of period.

Is it a crime to drive with a suspended license for a DUI Case?

Yes, driving on a suspended license can get you a maximum sentence of 5 years imprisonment or a fine of $ $ 2,500.000 or both, depending on your criminal defense lawyer. Therefore, it is very important to have an experienced attorney in such crimes.

How can a fraud in the healthcare system affect a common citizen?

Healthcare fraud has a huge impact on the quality of health care provided to people and on the costs on consumers, employers and taxpayers. It also harms people who are subject to unneeded serviceids or serviceids provided by not licensed providers or not qualified providers.

What are types of healthcare fraud?

Double billing for the same procedure, dispensing generic medications and billing for branded medications, billing for unnecessary serviceids, and billing for serviceids not actually performed or a more expensive serviceid than they actually rendered, among others.

What should I do if I believe there is healthcare fraud going on?

You can call the Insurance Company; you can also contact the state agency responsible for fraud fighting in the health care system and file a complaint with the State Medical Board.

How can I stop fraud in the healthcare system?

Be alert when reading your Explanation of Benefit; make sure all the serviceids listed were received. Do not give your health insurance identification number or personal information over the phone to anyone. Do know your warning signs.

How does healthcare fraud happen?

Sometimes the federal government cant spot a healthcare fraud because the counterfeit payment information is covered up. Some healthcare companies like to show some serviceids were performed or required by using medical terminology that seems genuine. Generally, whistleblowers in these types of cases are employees who are aware of company practices. These individuals may become a bit concerned about job security. Thats why the law protects them from any discrimination or retaliation. They may even be entitled to some compensation in the event harassment occurs. A criminal defense lawyer from Gallardo Law Firm can review your claim and talk about possible outcomes.

What is patient neglect?

We always expect our loved ones to receive the best care possible when we entrust them to a care facility. Although there is no doubt most facilities try their best to ensure the safety and comfort of their residents, sometimes there are situations in which abuse and neglect may occur. This is a serious crime that should be handled by the law. Patients are entirely dependent upon the care and the serviceids provided by these facilities. An attorney from Gallardo Law Firm can help you investigate these crimes. We are devoted to ensuring the safety of patients at these facilities.

What are the penalties for health care fraud?

There are both civil and criminal penalties for health care fraud. State and federal health care fraud charges can lead to severe consequences when a person is convicted. Criminal penalties will have fines, prison and restitution (compensating the victim for any money lost caused by the fraud). Civil penalties involve the victim having to pay only for restitution. There is no jail time or fines caused by civil penalties.

Why should someone become a whistleblower and how much money they get?

By becoming a whistleblower you are fighting corruption and fraud. Its very honorable doing so and you may be entitled to some compensation as well. Although whistleblowers can potentially receive millions of dollars, it all depends on the size of the fraud and what was collected under a False Claims Act case. Remember you may face flashback from the company and your career may be at risk. This is why the government offers incentives, which can sometimes amount to millions of dollars.

There is the talk of the risks of getting involved in an accident with a commercial truck. What exactly is a "commercial truck"?

A commercial truck or "big truck" is a vehicle that is exploited for the transport of industrial goods (cement, construction materials, parts or heavy machinery, chemical substances, etc) Some are eighteen-wheeled truck trailers, tankers, delivery, and cargo vehicles. Commercial trucks are much larger than the vans that companies use for their daily activities, have a specific purpose and require a commercial driver's license to operate.

Why are truck accident injuries more significant than those vehicles only carrying passengers?

Because differences in size and weight make, cars are logically more vulnerable at the time of a collision.

What are the most common factors in collisions between commercial trucks and automobiles?

The limits associated with acceleration, braking, fast maneuvering possibilities and visibility.

I was injured in a truck accident in which the other driver was at fault. Can I receive my wages for the time I was unable to work?

Yes. Your recovery in a personal injury action may include the payment of lost income for this cause, plus compensation for any loss of any earnings due to you resulting because of the accident.

If I have been partially guilty of the truck accident, can I win the lawsuit?

It depends on the degree of your fault. There is a legislative doctrine known as "Comparative Negligence" which assesses the responsibility of all those involved and determines percentages of failure to adjust the damages that must be paid. If your carelessness was 50 or 51%, depending on the state, you do not recover anything.

I did not have my helmet on during my motorcycle accident. Can I receive compensation?

If your state has a cause related to the use of your helmet, you may receive compensation for this. Receiving payment for a motorcycle accident involves the types of negligence, comparative and cooperative. For more details, you should come to Gallardo for a free consultation, and we will give you more information.

What kind of lawyer can help me if I have an accident on my motorcycle?

You need a personal injury lawyer, and it can also be a motorcycle accident lawyer, like the ones we have at Gallardo Law Firm.

I was involved in a motorcycle accident, but I do not have a motorcycle license, can I receive compensation?

The cases may vary from state to state. You can receive a compensation benefit if the state you live in does not require you to have an exclusive license. We always advise to come into our law firm and ask us your questions to know more details about your situation and how we can help you.

I had an accident, and a vehicle made a left in front of me while I was on my motorcycle. Who is guilty?

A car that turns to the left is responsible for the crash. There are exceptions, but this rule is almost automatic.

What is "comparative negligence" mean when determining who is responsible for a traffic accident?

Comparative negligence distributes guilt among drivers involved in an accident. An example of recurrence of relative neglect could be the brake light or the backlight of the motorcycle in white, primarily if the crash were at night.