Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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The Law
There’s no good time to learn about what the criminal process is and what to expect when a criminal charge has been made. But in general, there’s an arrest for an alleged crime and a prosecutor will decide what the criminal charges filed will be. If you’ve been arrested for a crime. Your primary concern will be to quickly find an attorney ho handled multiple cases, has won cases, has had courtroom vs. classroom experience and who will fight for you. You don’t know what’s going to happen so you need to find a lawyer quickly. There are many, many Orlando criminal defense attorneys but to get the best you’ll need to know a little about the process. By learning about the criminal process, you’ll be prepared to ask your attorney questions and have an understanding of what you’ll be facing. What happens after an arrest in a criminal case? A case goes to a grand jury for a to a preliminary hearing or criminal indictment where a judge decides if the evidence shows the case should proceed. The Arrest After an arrest a police officer should read you your rights. The Miranda warning or the Miranda rights is a warning that is required to be given by police in the United States to criminal suspects in police custody or who are in a custodial interrogation before they are interrogated to inform them about their constitutional rights. Many people believe incorrectly that they can say that rights weren’t read to them, or were read incorrectly. You’d need proof and you’d need to be certain. Falsely reporting this can cause...
The Law
A CEO often sees business reorganization as a way to repair what’s wrong with a company and companies sometimes hire a new leader based specifically on his vision for reorganization often at the beginning of a year. Companies are feeling strong after the end of one year and are clawing their way back to health, hoping for full recovery seems to occur in January. But the plans should actually begin with the help of a skilled legal and financially-driven law firm familiar with state and national tax laws. However, before deciding to take on a new financial plan, business structure, begin firing or hiring, consult with Eric Lanigan and Roddy Lanigan to decide whether a business reorganization in Orlando or any Central Florida city is a wise economic choice. The reorganization of a company typically addresses the efficiency or inefficiency of current or past leadership and is sometimes done haphazardly in an attempt to quickly increase profits. Corporate Reorganizations Can Be Risky New chief executives often feel compelled to reorganize their companies. In fact, nearly half launch some kind of reorganization during their first two years on the job. But corporate reorganizations are risky investments of time, energy and resources, and many do little to improve the business. The process of carrying out, through agreements and legal proceedings, a business plan for winding up the affairs of, or foreclosing a mortgage upon, the property of a corporation that has become insolvent. Reorganization is ordinarily accomplished by way of a Judicial Sale of the property of the corporation. The purchasers then often form a new corporation to which a good portion of...
The Law
Eric Lanigan and Roddy Lanigan work with many clients who have been ripped off in terrible investment scams. Many times, the victim in these crimes is a senior who is lonely, needs to make money after investment losses in the stock market or in real estate. They meet someone who claims to be a financial advisor and who preys on a senior when they are alone, lonely and will divulge information to the new acquaintance. Top 5 Situations Scammers Will Look For: 1. Fear: When scammers recognize fear in an prospective victim about the financial market, investing, losses or the future they will exploit it. They’ll see an opening and will focus on the things that they know will illicit fear and an ensuing emotional response. The older investor has seen ups and downs of the market and if they become relaxed and share the investment challenges they’ve had with a scammer, that weakness will be heightened. The scammer will begin telling the senior what they want to hear, asking questions to probe past spending, trying to find out what they have in various accounts. They ask for amounts, account numbers, banking information, everything that they can in the first meeting to appear as if they’re ready to do business. Any unwillingness on the part of the senior will be criticized or challenged. They’ll push the senior for the amount of money available for investing is the ultimate goal. 2. Loneliness: Scammers look for an opening will use many tactics to ask about the senior’s family. When was the last time they called you? Do they visit? Do you...
The Law
You’ve watched too much television if you think that when you’re pulled over and asked to take a breath test that you should automatically do so. In Florida, the consequences for refusal are milder than those for a DUI conviction. The first thing you should do is call your attorney. Immediately as soon as you’re allowed. If you’ve you have been drinking and get pulled over by a police officer or state trooper and are asked to take the field sobriety test, you can face very serious legal charges if you are drunk. If your reading indicates a blood alcohol content level over the legal limit–0.08 or higher–for driving you will be charged with having committed an illegal per se offense. This means that it is automatically illegal throughout the United States to drive a vehicle with a blood alcohol level that high. If you are convicted of a DUI, then you face hefty fines, jail time, possible installation of an ignition interlock device on your car. Refusing the test does not guarantee you will not be convicted. You can still be found guilty of a DUI even if your refusal means that the state does not have proof that your blood alcohol was over.08% What can you do in order to try to avoid getting arrested for DUI or DWI is to decline the breathalyzer test. You can’t be forced to take it. It’s your choice. Yes, there’s a chance that you’ll be arrested, but if you have been drinking, getting arrested will be the least of all of the severe scenarios you will face. First, stop talking. Don’t answer questions. Try to...
The Law
As the new year approaches and entrepreneurs begin to talk about starting a new business, the first thing to tackle is formation of the business instructed by experienced asset protection and business attorneys. Eric Lanigan and Roddy Lanigan understand that debtor-creditor law can be complicated and sometimes bring on unnecessary stress. Problems can arise with creditors at any time and it is extremely important that you work with a knowledgeable attorney that understands how to protect assets. In simplest terms, asset protection deals with the legal methods and common law of defending assets of individuals and business entities from civil money judgments. The overarching goal of asset protection is to make sure your property is insulated from the claims of creditors and to make sure they play by the rules. Even though creditors can sometimes be aggressive in their attempts to seize your property, many times the debtor has significant rights that can curtail their efforts. Nevertheless, there are some important factors that go into asset protection. The identity of the debtor whether it’s an individual, a spouse, or a corporation plays an important role throughout the process because many states have their own rules depending on the debtor. The identity of the creditor and the nature of his or her claim are also essential in determining the rights of the debtor because many laws are specific to the type of claim involved. Lastly, the nature of the asset is vital because there are sometimes special rules that apply to different types of property. Furthermore, all 50 states have laws that exempt particular assets from creditors. While these can vary from state to...
The Law
Winter Park Florida attorney Eric Lanigan talks about garnishments and what happens if you’ve already got a judgment that’s been entered against you and now either that judgment creditor is coming after you or you’re assuming that he’s about to come after you to try to garnish your wages. The video is called “What to do About a Florida Wage Garnishment Judgment,” and can be viewed on the LaniganPL YouTube channel. There are two fundamentally different circumstances that can exist: 1). One is if the judgment debtor is married but the judgment is only against one of the two people. 2). And the other circumstance is where the judgment is against both husband and wife or if the judgment debtor is a single person. Right now I’m going to talk about the first scenario where the judgment debtor is married but the judgment is only against that one person. Their spouse was not named in the lawsuit and the judgment is not against them. The first thing I want to say is all kind of judgments in Florida the process from the standpoint of the creditor, it can be quite complex. And we find it’s very common quite frankly that they just screw it up. We can get the whole thing thrown out because they missed one of the procedural requirements. And the law is very clear that that law is strictly interpreted and that all of the requirements must be met to in order to have a valid garnishment. Now typically the first thing the judgment creditor comes after are your wages where you work. That garnishment is served...
