But often, when law enforcement casts a wide net to catch illegal behavior, innocent people can sometimes inadvertently get caught in that net. Individuals who had little or no involvement can get caught and charged as if they played a larger role. If you or someone you know has been arrested for illegal street racing, please contact Chamberlin Law Firm to discuss your case. All consultations are confidential, and always free. There is no reason not to call if you or someone you know is facing a street racing charge.

https://www.fox13news.com/news/hsco-and-tpd-team-up-for-operation-silent-knights-street-racers-arrested-and-charged

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In this recent Wolf Pack, the Pinellas Deputies pulled over scores of people. There were over 30 arrests for DUI, and numerous other criminal arrests and civil citations issued.

If you, or someone you know was caught in this Wolf Pack and alleged to have been driving under the influence or charged with some other criminal charge or traffic infraction, please call Chamberlin Law Firm at (813) 566-1660 or send us a message through the website. I have been a practicing lawyer in Florida for over 20 years, and have defended countless individuals against such charges. Remember, just because the police allege you have done something, that doesn’t mean you are legally guilty of committing the offense. The prosecutors have to prove you guilty beyond and to the exclusion of every reasonable doubt. I can help prevent that.

The post Have you been arrested for DUI or another criminal charge in Pinellas County this past weekend? appeared first on Chamberlin Law Firm, PA.

TAMPA, Fla. (FOX 13) – A new Florida law legalizing hemp is making it harder for law enforcement to arrest someone for marijuana possession because hemp and marijuana plants are difficult to distinguish. “Even if they smell what they believe to be marijuana and they test it and it comes out positive for marijuana that is not necessarily going to be as efficient to establish that a crime has been committed,” Chamberlin said. “I envision that the state attorney’s offices around the state are going to have far fewer possession of marijuana prosecutions,” Chamberlin said. If you know someone who is facing criminal charges, contact Hunter today for a free consultation at (813) 566-1660 or via email at info@chamberlinlawfl.com.

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Hunter Chamberlin as recently invited to be a guest speaker at the St. Pete College Titan Tuesdays to talk about how a criminal past can implicate a job search. If you know someone who is facing criminal charges, contact Hunter today for a free consultation at (813) 566-1660 or via email at info@chamberlinlawfl.com.

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Having the flexibility to bring on additional workers only during surge production periods helps companies save money and stay responsive to an ever-changing market.  While the benefits of outsourcing are abundant, many businesses will always prefer to hire conventional employees for certain positions.  Here is a brief synopsis of the benefits and disadvantages of both conventional employment and freelance work as they relate to employment law.  

Standard Employees

Advantages

The availability of corporate benefits is a key reason why you may choose conventional employment over freelancing.  You can expect companies to pay for all or part of your healthcare, workers’ compensation, social security and unemployment insurance.  Laws regulating these benefits offer some flexibility to small businesses that have less than 50 employees.

As an employee, you also have full rights under federal labor laws.  While companies can and do fire employees, they cannot legally terminate employment for a reason that is protected under the nation’s labor laws. If you believe that you’re facing a wrongful termination situation, give us a call, and we will review your case.  As a reminder, you cannot legally be fired for the following:

• Race
• Color
• Age
• National origin
• Religion
• Gender
• Physical or mental disability
• Veteran status
• Citizenship
• Genetic information

Disadvantages

Some disadvantages of being an employee rather than an independent contractor relate to company culture and management styles.  Employees are expected to be contributing members of teams that build brands through the development of distinct corporate cultures.  Depending on your manager’s leadership style, this often means following strict directions for how and where your work is accomplished.

Independent Contractors

Advantages

As a freelancer, you are almost expected to charge higher hourly rates than the ones that are used to calculate the salaries of conventional employees.  The extra money is to compensate you for using your own desk space, supplies and equipment to accomplish work.  You will also experience more autonomy when it comes to performing project tasks.  Working from satellite offices and other remote locations is common.

Disadvantages

Besides receiving no employment benefits, freelancers are not covered under labor laws. You won’t receive an employee handbook, but you’ll perform work according to an employment contract.  As an independent contractor, you’re usually accountable to clients for what you deliver per the contract and not necessarily how your work is accomplished.  This can be a source of contention for some company managers who want to direct your work or get you to do tasks that are not in your contract.  If you are accused of violating the terms of a freelance employment contract, contact us.  We can review your contract and advise you about the steps that you need to take to resolve the issue.

Final Thoughts

Choosing to work as an employee or a freelancer is a personal decision that takes into consideration your unique professional aspirations and work style.  Let us be your go-to resource for employment law questions about conventional employment and independent contracting gigs.  Contact Chamberlin Law Firm today.

The post Understanding the Legal Benefits and Disadvantages to Working as an Employee or Independent Contractor. appeared first on Chamberlin Law Firm, PA.

How We Can Help

• Examining the evidence against you: For one to be deemed legally guilty, there must be evidence directly linking you to the felony. When approached by such a case, we carefully examine the evidence linking you with the alleged offense. We aim at ensuring that you are not wrongly sentenced for a felony you did not commit.
• Sound legal advice: Everyday, we advise our clients on the status of their cases based on the facts. If you decide to proceed with your case, we will assign you our competent attorney to represent you.
• Legal representation: When we take up your case, you can be assured of our absolute commitment to litigate for you. We believe that you are innocent until proven guilty. We also believe that for one to be guilty, there must be direct evidence linking them to a felony.
• Appeals and compensation: If you feel that you have been sentenced wrongly or the court hasn’t paid attention to some facts, we are ready to go the full length and file an appeal for you. If proven innocent and compensation are due, we shall do our best to ensure you are compensated.

Attorney Services In Tampa, Florida
Located in Tampa, Florida the Chamberlain Law Firm provides quality legal services centered on the client. Led by Hunter H. Chamberlin, we ensure that you are well represented in court and compensated where due. We broadly focus on all matters litigation and further specialize in criminal defense law that includes but is however not limited to the following:

•  Civil litigation
• Robbery
• Expunging records
• Drug Offenses
•  DUI’S
•  Firearm charges

At Chamberlin Law Firm, we are the industry leader in criminal defense. We work with a team of experienced attorneys who can represent efficiently in court. We work with the presumption of you are innocent until proven guilty. Based on this we build a formidable defense for you. Wondering if you are legally guilty? Contact Hunter at 813-444-477 for a free consultation.

The post In The Courtroom – The Difference Between Legal and Factual Guilt appeared first on Chamberlin Law Firm, PA.

Hiring Laws

All states must comply with federal hiring laws. This includes companies not discriminating during the hiring process. Florida goes a step further. In our state, all companies are required to report new hires within 20 days. This rule is part a newer statute which was passed in 2017. It also created a statewide directory of new hires. This statute allows the state government to review company activities closer.

There are also laws pertaining to the interview process before being hired. In Florida, companies are not allowed to ask questions about marital status, pregnancy, and country of origin, among other characteristics. If there is a job-related reason, the question may be allowed.

Firing Laws

Florida is an “at-will” state. That means you, or your employer, can terminate your employment for any reason at any time. However, a company may not fire you for a protected reason. Protected reasons work hand-in-hand with the interview questions. For example, a company cannot fire a woman who gets pregnant. Let’s look at another example.

Let’s say that an employee, John Doe, has been working with Company ABC for a few years. One day, his supervisor finds out Mr. Doe is from Norway. Company ABC fires Mr. Doe because they don’t like Norway. This firing would be illegal.

Wage Laws

Like all states, Florida must comply with the federal minimum wage which is currently $7.25/hour. Florida, however, pays better at $8.25/hour. It’s illegal for companies to pay less than this either officially or “under the table”.

Our state does not have laws regarding overtime pay. However, Florida must still comply with the Fair Labor Standards Act (FLSA). The FLSA advises that any nonexempt employee must be paid 1.5 times their salary for any overtime. It’s important to know if you are an exempt or nonexempt employee.

You may file a claim against your employer if you are a nonexempt employee and your company is not paying you extra for overtime. Before you take any action be sure to contact Chamberlin Law Firm for a free consultation.

Work Break Laws

Florida law states that, if an employee is under 18 years old, the company must give the employee a 30-minute break for every 4 hours worked. Florida law does not guarantee breaks for employees 18 years of age or older. However, meal breaks which last 30 minutes or longer do not need to be compensated.

Contact

Before taking any action it’s important to speak with a trained attorney. Any legal move you make can affect the final outcome of a case. You may contact Chamberlin Law Firm for a free consultation regarding employment laws, other civil laws, and criminal laws.

The post Employment Law – Hiring, Firing and Everything In-between appeared first on Chamberlin Law Firm, PA.

Drinking under the influence commonly referred to as DUI, is not only an offense for adults but minors as well. When you’re caught driving under the influence of alcohol or other drug substances, you risk paying fines and serving a jail term. Underage driving under the influence is taken seriously in the United States, and minors who are caught driving under the influence of drug substances or alcohol can land in severe legal trouble.

If a police officer suspects that a teen is driving under influence of alcohol, he/she will subject the minor to the typical Blood Alcohol Content breath test. If alcohol is detected in the teen’s breath, then he/she will be taken into custody, and their vehicle towed. According to statistics, at least one in every ten high school teens drinks and drives.

Zero Tolerance Laws

You are drunk, driving and underage. This means that you’ve committed two illegalities at the same time. First, the law prohibits underage minors from purchasing or being in possession of alcohol in all states in the U.S. All states have zero tolerance for driving under the influence of alcohol or other drug substances.

Although adult drivers will only be found culpable if their blood to alcohol content exceeds 0.08%, the law is a bit strict when it comes to minors below the age of 21. An underage driver even with an insignificant amount of alcohol in their blood system ranging between 0.01 and 0.02 will be apprehended. Think about this, even a half glass of wine taken during dinner time can easily subject a minor to DUI charge.

What are the Penalties for Underage DUI?

The DUI citation in all states may result in revocation of your driver’s license, fines, mandatory alcohol education, and a lengthy probation period. In some rare cases, an underage driver can even be handed a jail term on their first drunk driving offense if the case is serious.

You should also keep in mind that if you get a DUI and you’re under 21, but over 18, the magistrate may treat you as an adult. The legal penalties for underage Dui include the following:

• A fine of up to $500
• A minimum of 30 and a maximum of 180 days driver license suspension
• Mandatory alcohol education classes
• Six months of probation
• A minimum of 8 and a maximum of 40 hours of community service

As a parent, you’re expected to be a good example to your child. Don’t drink and drive and always remind your teenager to avoid alcohol until they become adults. Parents should also remember that providing alcohol to an underage is an offense and can lead to a fine of up to $4,000 and a one-year jail term.

Have You Been Charged with an Underage DUI?

Chamberlin Law Firm is experienced in dealing with DUI charges, and we will help you advocate for a favorable judgment while protecting your best interests. Contact us today for assistance.

The post Under Age Drunk Driving? – What Should You Do Next? appeared first on Chamberlin Law Firm, PA.

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The Sunshine State may not be so sunny when you have a past criminal record on your shoulders. Furthermore, Florida’s law enforcement agencies and courts make it simple for anyone to access your criminal records. If you ask anyone who has been arrested in Florida, they’ll tell you how difficult it can be to achieve important things in life like get a job, travel, or find a decent home. In Florida, you can only expunge your criminal records if you have no past convictions, regardless of when or where the conviction occurred.

If you qualify to get your criminal records expunged, you have the opportunity for a fresh start in life. A new beginning can be a great investment of your time and money.

The Benefits of Expunging Your Criminal Records

The primary benefit of expunging your criminal records is that, under Florida law, you can legally fail to acknowledge the arrests and convictions under the expunged record.

Other benefits of expunging your criminal records include:

• If you hold a professional certificate or license, the expungement will help you retain those certificates and licenses.
• An expungement can potentially impact positively on your credit rating.
• An expungement enables you to legally state on your job application that you’ve never been convicted of a criminal offense.

The Process of Record Expungement in Florida

Record expungement can be a complicated process. Any small mistakes on the petition could force you to begin the process all over again. That’s why it’s wise to involve an experienced expungement attorney in Florida to represent you and ensure that everything is done correctly from the beginning. Again, ensure that the attorney provides an option to clear your records beyond the courtroom. Most often, criminal records are kept by many online background check companies who must be notified that your records have been expunged by the courts; otherwise, they’ll keep your records in their systems for years.

Certificate of Eligibility

The first step towards expunging your criminal records is to verify your eligibility by obtaining a certificate of eligibility. You’re required to complete section A of the application and sign it before a notary public. An authorized law enforcement officer will take your fingerprints and submit a properly completed fingerprints form together with the application. A certified disposition of the case that you want to expunge must also be obtained from the clerk of the court where the charges were brought. In some cases, you may be required to provide a copy of Termination of Probation with a nonrefundable method of payment.

The next step is to have a state attorney or prosecutor complete section B of your application. If your application has any missing portions, it will be returned or unprocessed. You will also need to complete a declaration indicating how the conviction has hurt your career and job opportunities, your future plans, training and education, social and religious affiliations, and how your life has completely turned around.

What Happens when Your Application for a Certificate of Eligibility is Denied

If you have reasons to believe that your certificate of eligibility was a mistake, you can request a review. Sometimes the denial may be based on inaccurate or incomplete criminal history information, so you must follow the review process and have those records corrected as detailed under the Florida laws. However, if you have reasons to believe that your criminal records are correct but the law was incorrectly applied to your case, you can appeal the decision through an expungement attorney.

Final Verdict

Expunging a criminal record is a complex process that requires the assistance of a reputable Florida criminal defense attorney. Any slight mistakes on your application could result in denial or unnecessary delays in your case. The Chamberlin Law Firm provides quality, client-centered legal services in Florida. If you’re accused and charged with any criminal offense ranging from traffic crimes and misdemeanor to serious felony offenses, contact us today for professional legal representation or criminal record expungement.

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Hunter Chamberlin spoke with Fox 13’s Russell Rhodes to answer legal questions on the statue of limitations on sexual abuse in Tampa Florida as a part of the Ask-A-Lawyer segment. Hunter in the video above speaks on the statue of limitations in a case where Larry Nassar who pleaded guilty to assaulting seven people in the Lansing area was sentenced 40-175 years in prison. Hunter and other Fox 13 Tampa Bay lawyers were standing by this month with legal expertise on the statue of limitations on sexual abuse. This free program allows Fox 13 Tampa Bay viewers to call a lawyer with their legal questions. If you know someone who is facing criminal charges, contact Hunter today for a free consultation at (813) 566-1660 or via email at info@chamberlinlawfl.com.

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