Areas of Legal Practice: Joseph J. Pappacoda
FLORIDA STATE & FEDERAL COURTS
• CRIMINAL TRIAL, POST-CONVICTION RELIEF, & APPELATE PRACTICE
In all criminal cases you have either been arrested, or have been given a notice to appear in court, in the case of a misdemeanor, or criminal traffic offense. This starts the criminal trial court process. During the pendency of your case, you generally have the right to review the documentary and other evidence that will be presented in the prosecution's case against you.
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• CIVIL RIGHTS LITIGATION & RESTORATION
If you have been falsely arrested for a crime you did not commit, maliciously prosecuted for a crime, been the victim of excessive force by over zealous law enforcement, or otherwise have been injured, physically, psychologically, or financially, by police, or government officials for these matters, you may be able to file a civil suit for violation of your civil rights.
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• FORFEITURES
Has your money, automobile, or other property been confiscated by the police, or agent of the federal government? If the property is not evidence of a crime, chances are that those law enforcement agencies intend to forfeit the property either as property used in the commission of a crime (e.g. a get away car from a bank robbery), property used as an instrumentality of a crime (e.g. a car driving large sums of money, and/or contraband), or property obtained from the fruits of a crime (e.g. a car purchased with stolen funds).
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• FRAUD
Fraud comes in many shapes and sizes. Fraud is generally financially motivated, but can also be implemented in furtherance of an ongoing crime, or to cover up a crime which has already been committed, or for other purposes, such as to conceal one's identity. Fraud may be the basis for a multitude of criminal charges including racketeering, organized scheme to defraud, money laundering, grand theft, forgery, uttering a forged instrument, and a host of other charges, all derived from an underlying financial incentive; that is, how to take another's money.
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• PRE-ARREST INVESTIGATIONS BY POLICE
Believe it or not, many people know that they are being investigated by the police in matters for which they have not yet been arrested. It is possible in many instances for an attorney to intervene in the Client's investigation at this point, and attack a particular situation in a manner, which alleviates the necessity for the police to make an arrest, convinces the police that they do not have probable cause to make an arrest, or negotiates some type of settlement with a complainant that obviates the need for an arrest.
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• PRE-FILING REVIEWS BY PROSECUTION
After you are arrested, but before a formal filing decision is made by a prosecuting authority, an attorney can be proactively involved in convincing the prosecution not to file the case, not to seek an indictment, or to seek reduced charges for a Client. Few people realize that the crimes they are arrested for do not necessarily represent the same crimes that are prosecuted for.
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• SEALING AND EXPUNGEMENT
If you have never been convicted (or adjudicated guilty) of any crime, and the present offense, or arrest that you desire to seal, or expunge is not one of the enumerated offenses that can never be sealed (such as a DUI conviction), it may be to your benefit to make application to seal, or expunge your arrest record, and court files. Basically you get one approved application in your lifetime, but it must be made before you are convicted in any offense.
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• VICTIM'S RIGHTS
If you are the victim of a crime, the victim of domestic violence, or the victim of some other injustice, including civil theft, and the police department will not help you seek redress in your case, an attorney may be able to intervene, and help you achieve your desired result.
Your case may involve a situation where the police deem it to be a “civil matter”, or a situation where the police tell you they cannot prove that a crime was committed.
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MORE KEY AREAS OF PRACTICE
• BANKRUPTCY
If you are in financial straits for whatever reason, and find yourself in the untenable position where you simply cannot meet your present financial needs for the monthly payment of debt, a bankruptcy may be a solution for you that will improve your overall quality of life, and give you a fresh start on your life.
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• FORECLOSURES & MODIFICATION LOANS
In these difficult economic times, you may find yourself faced with a foreclosure action filed against you and your home. This may have been caused by: your mortgage interest rate spiraling out of control, job loss, loss of income, disability, increased financial burdens, or other financial crises that have confronted you. The result is the same; that is, the mortgage lender is asking the court for authority to take your home away from you.
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• CONTRACTS
If you have a problem with a contract issue, you will invariably have proof issues in wanting to enforce the contract, or sue for damages on that contract.
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• CORPORATE LAW & ECONOMIC CRIMES
Corporate law and business law generally falls in the gambit of the civil law, however, it can cross over the line to criminal law, especially in such areas as: customer deposits, escrow funds, certifications, licensing, false, or misleading advertising; law, code, or regulation violations, investment activities, or a host of other operational and income producing areas.
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• DOMESTIC VIOLENCE
You may have heard other people say to somebody, “You should get a restraining Order.” It may seem a daunting task, but if there is violence in your home, getting protection from the court is as easy as following a few simple steps.
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• EMPLOYMENT LAW
In the event you are working more than 40 hours a week, and are not being compensated for overtime pay, you may be protected by the FLSA, and may be entitled to back pay by filing suit against your employer. You should consult with an attorney who can then review the particular nuances of your employment in order to determine whether you have a claim.
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• FAMILY LAW
Family law issues are diverse and include: divorce, separation, support, property settlement agreements, child custody, child support, visitation, relocation, paternity, or adoption issues to name a few.
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• FEDERAL CRIMINAL TRIAL PRACTICE
If alleged criminal activity is a violation of the United States Code, and the activity is a crime either committed against the United States, or a crime affecting interstate commerce, it may be prosecuted federally. The federal courts must have federal jurisdiction in order to prosecute the case.
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• PERSONAL INJURY & TORTS
If you, or a family member have been injured, either physically, emotionally, or financially, due to the willful, intentional, or negligent act(s) of another, you must consider consulting with an attorney to determine whether it is in your best interests to file a lawsuit for monetary damages.
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