Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • 4 Questions for Real Estate Closing Day

    4 Questions for Real Estate Closing Day

    Buying a new home is an exciting time, and it’s typically the largest purchase a person may make in their lifetime. The real estate process, from beginning to closing, can be arduous and overwhelming. Because the closing procedure is arguably the most important phase in a real estate transaction, it is important to be prepared and confident about your role, whether it be as buyer or seller.

    Real Estate Closing Day Questions

    To give you a better understanding of what to expect, here are four common questions and answers surrounding the closing day process.

    #1 How Long Does the Closing Process Take?

    The closing process can be time-consuming and involves a lot of paperwork containing technical and legal language. You will receive a plethora of information about your new home and mortgage and will be asked to sign a variety of forms. It will vary from situation to situation, but on average, the closing process takes approximately an hour.

    #2 What Documents Will I Be Expected to Sign?

    There are numerous documents to be signed at closing. Here are a few of the most important:

    A Closing Disclosure, also known as a settlement statement, will be sent to both the buyer and the seller, and will include a settlement of the cash that will be transferred at closing.

    Several loan-related documents, including a promissory note, mortgage, tax filings, and other disclosures, must be signed by the buyer in order to get a mortgage funded.

    A deed conveying the property to the buyer will be signed by the seller. A Certificate of Title stating their authority to sell the property will also be signed by them. A bill of sale and a statement of closing costs will both be signed by the sellers (for personal property).

    #3 Can My Real Estate Agent Sign My Closing Documents?

    Getting to closing day can mean jumping through a few hoops, and, inevitably, unexpected things will happen that make it difficult for you to appear.

    Unfortunately, unless you have granted your real estate agent written consent in the form of a limited power of attorney, your agent cannot sign any paperwork on your behalf. The best course of action is for you to be in attendance to review and sign all paperwork.  If you plan to use a power of attorney, you need to inform the closing company in advance.

    #4 When Will I Get the Proceeds from the Sale of My Property?

    After the closing is complete, you will receive the proceeds for the sale of your real property. Depending on when the closing takes place, the funds may be available on the same or next business day.  The manner the lender releases the funds may also affect the availability of funds.

    In some cases, a check is presented to you at the closing table once all procedures are satisfied. We advise sellers to discuss the timing of disbursements in advance with the closing attorney.

    We Can Advocate for You

    Whether you are buying or selling real estate, you deserve to have a representative by your side throughout the process. While an agent or realtor may be able to respond to some of your questions, only your attorney will represent your legal interests and advocate for your rights.

    At Apfelbaum Law, our team of experienced attorneys provides a wide range of legal services. We are prepared to help you in the areas of real estate law, family law, divorce law, guardianship, and more. Contact us today.

  • What is Involved in Modifying a Parenting Plan?

    What is Involved in Modifying a Parenting Plan?

    Modifying a parenting plan is one of the most frequent legal issues that arises after divorce.

    A parenting plan is a legally required form in Florida that details every facet of a child’s timesharing arrangement, including parental responsibility, holiday schedules, and all other important decisions concerning the child’s well-being.

    If the parenting plan is established early in a child’s life, it is natural to assume that some point major life changes will occur requiring an amendment to the terms of the original parenting plan.

    When are Modifications Allowed?

    Florida law does not allow a change in child custody arrangements based on simple dissatisfaction with the arrangement or because of disagreements that may arise between the parents. The laws surrounding modifications are established so that the best interest of the child is served as set forth below, including that of stability.

    As a result, anyone seeking a modification or other long-term change to their child custody arrangements is required to demonstrate that a substantial and unanticipated change in circumstances has happened since the entry of their final parenting plan.

    What is Considered a Substantial Change?

    A substantial change in circumstances is in large measure up to the judge, absent a parental agreement. Accident, illness, a parental move, or addiction are all situations that may be considered the required substantial change of circumstances to permit a modification of the Parenting Plan.

    If a child faces obvious risks from situations like a parent driving under the influence while the child is in the vehicle, or cases of possible neglect in which an under-aged child has been left alone for long periods of time, the child may be in immediate danger of abuse, abandonment, or neglect, and Department of Children and Famlies (DCF) may become involved.

    How are Modifications Obtained?

    The simplest way to obtain a modification to a parenting plan comes when both parents are in agreement that a modification is needed. If a modification is uncontested, the parents’ attorneys can draft a new parenting agreement which would then need to be approved by the courts. If there is not an agreement, the parent seeking the change must file and serve a Petition for Modification of the Parenting Plan upon the other parent.

    Need a Modification?

    If you need to obtain a modification to your existing Parenting Plan, or have questions about the steps involved, contact Apfelbaum Law. Our team of experienced attorneys can guide you through modification process. Contact us today to schedule a consultation.

  • 3 Things You Need to Know about Timesharing

    3 Things You Need to Know about Timesharing

    In a divorce dispute, Florida law refers to child custody differently than in most other states. The time that each parent spends with their children following a divorce is referred to as “timesharing” or “visitation” under Florida law.

    Timesharing decisions are important because, barring extreme circumstances, such as marital violence or substance abuse, the courts will assume that the child’s best interests will be served by having time with both parents.

    What You Need to Know about Timesharing

    Three Important things you need to know about timesharing are outlined below.

    #1 Types of Timesharing

    There are different types of timesharing scenarios that can occur depending on the needs and circumstances involved in a particular case.

    Equal, or “fifty-fifty” timesharing can often occur. This type of timesharing means that the child spends 50% of the time with each parent. The child may switch homes on a weekly basis, or the parents may determine another more workable arrangement.

    Majority timesharing often occurs, and typically means one parent spends most of the time with the child, and their address is usually used as the child’s address for healthcare and educational needs, although the Court can decide otherwise.

    Supervised timesharing is occasionally required and is not used often. The judge must determine that the best interest of the child or children require a parent’s contact to be observed by a third party.

    #2 The Timesharing Decision Process

    Judges must consider a number of issues when determining parental responsibility and timesharing. Following the evaluation, the court will decide which parent is most suited to care for the child or children. There are a number or statutory factors the court can consider in determining the best interests of the child.

    #3 Differences Between Shared and Sole Parental Responsibility

    Florida law distinguishes between timesharing and parental responsibility. No matter how much time a parent may have with their child, they have a right to input in decision making for their child.

    The norm in Florida is “shared parental responsibility”, meaning when making significant decisions for the child, both parents must collaborate to decide what is in their child’s best interest. Parents are expected to work together in determining what is best for the child.

    When only one parent makes decisions for the child and is responsible for the care and welfare of the child, this is known as sole parental responsibility. This is not standard, and the judge must be convinced it is in the best interest of the child.

    We Can Advocate for You

    If you need someone to advocate for your rights as a parent, while serving as your guide through the legal process, we are here to help. Apfelbaum Law understands the sensitive nature of family law matters and can help you every step of the way.

    At Apfelbaum Law, our team of experienced attorneys provides a wide range of legal services. Our staff is prepared to help you in the areas of family law, divorce law, guardianship, and much more. Contact us today.

  • How is Child Custody (Timesharing) Determined in Florida?

    How is Child Custody (Timesharing) Determined in Florida?

    Child custody (called Timesharing in Florida family law) is an issue that surfaces in a variety of legal scenarios, including divorce, death of a parent, adoption, and guardianship. Every situation regarding child custody is unique, and as such, determining custody can be difficult. In Florida, the Court is always required to consider the best interest of the child, and that is likely different in any situation.

    Parents seeking a divorce may be intimidated by the process. They may even experience fear or anxiety, which can make the process even more challenging. Where a divorce is amicable, and parents are able to agree on an appropriate custody arrangement, the process may be simpler.

    Key Points for a Timesharing Determination

    In cases where parents cannot agree, a judge determines the overall arrangements for the child, which are detailed in a parenting plan. The judge makes this decision based on the child’s best interests, and to determine this, the judge will consider a few key points.

    Parental Preference

    In cases where parents cannot agree on a time-sharing arrangement (the Florida term for joint custody), the judge will consider the wishes and preferences of both parents, usually expressed as a written “parenting plan” a required document that goes into detail as to the timesharing arrangement desired by the parent.

    During this process, a judge takes into account the parents’ willingness to cooperate with one another, close proximity to the other’s home, ability to offer a stable routine for the child, and the ability to meet all physical and emotional needs of the child.

    Analyzing these factors will aid the judge in determining whether majority time sharing (sole custody) is better for the child than time sharing (joint custody).

    Child Preference

    If the child is of a reasonable age, the judge may also consider the wishes of the child for the custody arrangement. However, a minor cannot give testimony without receiving prior approval by the judge. If allowed, the child may give in-camera (the child alone with the judge) testimony detailing their preferences for future arrangements.

    In many cases, the child’s preferences can surround factors such as living conditions, proximity to the desired school, proximity to friends and close family, and the ability to participate in extracurricular activities. These concerns are usually part of the determination of the best interest of the child.

    Best Interest of the Child

    As stated herein, in making a timesharing determination, the Court is guided by the “best interest of the child.” There is a list of factors in the Florida Statutes that the Court may consider in making this determination, although they are allowed to consider others. Oftentimes, judges will tell parents who cannot agree on a timesharing schedule that it is better to compromise, and have input into the process, than to not agree and having the Judge decide, which often results in a schedule neither parent may prefer.

    Questions Regarding Timesharing?

    Are you facing a difficult child custody scenario? If you are uncertain of how to proceed, we are here to assist you.

    At Apfelbaum Law, our team of experienced attorneys provides a wide range of legal services. Our staff is prepared to help you in areas of family law, divorce law, guardianship, and more.

    If you have questions regarding the child custody process, or are seeking an attorney to represent you, contact us today to schedule a consultation.

  • 3 Questions to Ask Before Closing on Your First Home

    3 Questions to Ask Before Closing on Your First Home

    Closing on your first home is an exciting and monumental experience. For first-time buyers, it can be difficult to understand the process in its entirety and to recognize specific issues that may arise throughout the process.

    In many cases, issues that require legal assistance or guidance to resolve may arise. In order to avoid legal issues post-closing, it is best to ask questions prior to closing on your home.

    What to Ask Before Your Closing

    The following are a few key questions to ask before you close the deal on your first home.

    #1 Will the Seller Cover Any Fees?

    In the current real estate market, it is vitally important to determine who covers inspection costs, cash-to-close fees, closing costs, and more throughout the buying and selling process. The buyer and seller can negotiate these items, but it is important to have these details determined prior to closing on your home.

    Some sellers may decline to cover any costs throughout the process, which is important for the buyer to know beforehand. If you are unsure of the payment details, consult your real estate attorney. They will assist you in reading through contracts so you are fully prepared to cover all necessary costs.

    #2 What are the Homeowners Association Restrictions?

    Many homes are part of a homeowner’s association (HOA). These types of associations are legal entities ran by local community members and companies.

    In addition to paying monthly fees, HOAs often have certain rules and restrictions for the homeowner. These rules typically encompass the following:

    • Landscaping
    • Rentals
    • Vehicles
    • Pets
    • Trash
    • Exterior of the home

    When joining an HOA, you make a legal agreement to abide by their rules and regulations. Failure to do so may result in fines, or even enforcement of rules through court intervention.

    If you are unsure what policies you must agree to for your HOA, contact a local real estate attorney to assist you in deciphering your particular HOA regulations.

    #3 Is there a Lien on My Home/Property?

    A lien is a legal claim to a property or home by a creditor. Liens create certain restrictions for your home or property, such as its overall value as an asset, or when you can sell the property in the future. Luckily, certain liens can be removed through payments, resulting in full ownership being turned over to you as the homeowner.

    It is important to note that voluntary liens are placed on the home to ensure the mortgage is paid off. Other types of liens, however, are involuntary, such as tax or mechanic liens.

    As the homeowner, you need to pay these liens as soon as possible. Failure to pay these liens results in an unpaid debt, and the creditor could seek to enforce its lien. This can result in the creditor foreclosing on your property against your will. Real estate attorneys are knowledgeable regarding property liens and will aid you throughout the process.

    Purchasing Your First Home?

    Are you in the process of closing on your first home? Have you failed to ask some of the questions throughout the buying process that we have covered here? This is the perfect time to contact us.

    At Apfelbaum Law, our attorneys are experienced in real estate law and real estate closings. We understand the process can be confusing and overwhelming at times and are prepared to walk you through all the necessary steps to avoid legal problems in the future. Contact us today for a consultation.

  • Is a Real Estate Closing Attorney Necessary?

    Is a Real Estate Closing Attorney Necessary?

    It’s not always as simple as it may seem to buy or sell real estate. This is in part because real estate transactions are governed by a variety of rules that differ from state to state. In fact, in some states, the closing of property transactions must be handled by a qualified real estate attorney.

    Agents frequently advise hiring an attorney in a number of complicated situations, even if you aren’t required by law to have one. Although neither party to a residential or commercial real estate transaction in Florida is required by law to retain a real estate attorney, doing so has undeniable advantages. We will cover a few of the benefits below to highlight how and why you should consider obtaining a qualified real estate attorney.

    What is a Real Estate Closing Attorney?

    A real estate attorney is an individual who has the legal authority to prepare, examine, and evaluate all the paperwork associated with the sale and purchase of real estate. A closing attorney’s job is to assist his/her client in achieving the best possible result when purchasing or selling real estate.

    Value Added Throughout the Transaction

    More than simply conducting research and preparing paperwork, a real estate attorney can provide valuable guidance throughout your real estate journey.

    Only licensed attorneys are allowed to offer legal services in Florida, such as drafting and evaluating contracts, and explaining their implications, informing parties of their obligations under an agreement, and defining the numerous deadlines to which each party is subject.

    A Florida real estate attorney’s ability to frequently serve as an escrow agent for the earnest money deposits that the buyer is obligated to make under the terms of the contract, in addition to giving legal counsel, is another advantage of hiring one. This not only inspires confidence in both parties but also enables a prompt termination of the contract in the event of a dispute.

    Having a real estate closing attorney by your side can be a helpful asset when making a home purchase. In addition to representing you at closing, an attorney can safeguard your interests, offer helpful legal counsel, and assist you in moving the purchasing process along without delays.

    Why Should You Consider Hiring a Real Estate Closing Attorney?

    Hiring a real estate attorney has many benefits such as:

    • They represent your interests and protect them.
    • They ensure the process moves forward without any delays.
    • They will provide legal advice and outline your best legal options.

    Additionally, contracts and disclosures related to real estate transactions are necessary. These documents are frequently extensive and contain a wide range of terms, obligations, and responsibilities. A real estate attorney will guide you through these complex disclosures and contracts so that you are informed of your responsibilities and duties as a buyer or seller of real estate property.

    In short, a real estate attorney is there to look out for your best interests and to help save you money.

    Let Us Help You Have a Successful Real Estate Experience

    Buying or selling real estate is a major undertaking with many potential pitfalls. In fact, if you’re like most people, it’s the largest purchase you’ll ever make, which is why having proper legal support is important. That’s where consulting a real estate attorney in Florida can have a direct impact on your real estate transaction.

    If you are buying or selling residential or commercial real estate, Apfelbaum Law can assist you throughout the process, all the way to the closing table. Our attorneys will walk you through every stage of the closing procedure to ensure that you have a stress-free and enjoyable experience.

    Whether you need assistance with a residential or commercial closing, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation.

  • The Differences Between Commercial Closings and Residential Closings

    The Differences Between Commercial Closings and Residential Closings

    One of the most significant decisions and transactions a person undertakes in their lifetime is the purchase or sale of a home, condominium, or vacation property. Commercial real estate transactions, such as buying or selling an apartment complex, office space, warehouse, or shopping center, may involve even more risks in terms of both the buyer’s and the seller’s financial exposure.

    The entire process, and somewhat complicated procedures involved, may be very stressful for both buyers and sellers. Whether you are a seasoned buyer or seller in residential or commercial properties, there are likely different elements involved in the closing process for each. Read on for information on some of the key distinctions.

    #1 Purpose of the Closing

    The original reason for the purchase is one of the key distinctions between residential and business closings. While commercial properties are bought, sold, or leased for business purposes, residential properties are bought to provide housing for individuals or families.

    #2 Closing Process

    Residential closings are routine and controlled, typically involving just the buyer and seller, as well as a realtor, closing attorney, etc. Commercial closings can become complicated since there may be so many parties involved in the sale (buyers, sellers, attorneys, real estate agents, corporate members, board members, etc.).

    #3 Regulations & Contracts

    Residential closings must comply with the Real Estate Settlement Procedure Act (RESPA), a federal statute that mandates full disclosure of settlement costs to homebuyers and sellers, much like commercial closings do.

    Commercial closings must adhere to zoning requirements as well as other local and state laws, so even if RESPA is not a requirement, additional vigilance is needed. Overall, before the closing can take place and the sale is final, an attorney must issue a contract.

    Some of the federal protections offered to purchasers and sellers in residential real estate are not afforded to commercial real estate transactions. There are many dynamics associated with each step, making it even more important that you have a qualified attorney guiding you through the process of a commercial closing.

    Let Us Assist You Through the Buying or Selling Process

    If you are buying or selling residential or commercial real estate, Apfelbaum Law can assist you through the entire process, from beginning to end. Though it may seem complicated, our experienced and knowledgeable team of attorneys will walk you through every stage of the closing process to ensure that you have a stress-free and pleasant experience.

    Whether you need assistance with a residential or commercial closing, or have questions about any potential legal matter, contact Apfelbaum Law for a consultation.

  • Can My Criminal Record Be Expunged?

    Can My Criminal Record Be Expunged?

    In the state of Florida, there are certain conditions under which you may be eligible to have your criminal record sealed or expunged. If you qualify to apply for expungement, the majority of governmental organizations will still have access to your information, but the general public (including private employers) cannot see it. Without a court order, there is no government agency that can view your criminal history if it has been purged.

    In this blog post, we will cover the important points to note about expunging criminal records.

    What Does Expungement Mean?

    Expungement is the act of physically destroying all the documents pertaining to your criminal case that are kept by a criminal justice organization (also known as expunction). It is important to note that one copy of your criminal history is kept on file by the Florida Department of Law Enforcement and the Clerk of the Court. However, neither  is accessible to the general public or most potential employers.

    If Expungement is granted, it is forbidden for a criminal justice organization to disclose that you ever had a criminal record or that it was sealed or purged. Any disclosure of the information is a first-degree misdemeanor.

    The courts and law enforcement organizations that hold your records must physically destroy them, making it impossible for them to be unintentionally disclosed. Most importantly, it’s key to note that the offense is deleted from the Criminal Justice Information System so that it won’t show up during any potential background checks.

    What are the Requirements for Expungement?

    You must fulfill a number of requirements in order to be eligible to have your criminal record sealed or expunged. This determination is made in accordance with rules established by the Florida Department of Law Enforcement (FDLE).

    It’s possible to expunge your criminal record if you were detained but not found guilty of a crime. Being found guilty (in Florida, an “adjudication of guilt”) of any felony or misdemeanor disqualifies you from being eligible to have a criminal history record sealed or expunged. Likewise, you will not be eligible to have your record expunged if you have previously had records sealed or expunged in any other state.

    To be eligible to have a criminal record expunged, one of the following conditions must apply:

    • After your arrest, the State Attorney did not bring any charges against you.
    • The State Attorney brought official accusations, but eventually dropped them.
    • A judge or jury found you not guilty.

    Is it Possible to Seal or Expunge Several Criminal Records?

    Each person is only given one chance to seal or delete their criminal record throughout their lifetime. People who have been arrested more than once must choose which of their eligible records they want to seal or expunge.

    In situations when a single arrest can result in several charges or cases, only the court has the power to expunge the criminal history record, either completely or partially.

    Will Expungement Clear Any Record of My Arrest?

    An order to seal or purge records is a directive to the clerk’s office and the appropriate law enforcement agency only. It is not a directive that applies to private organizations or people.

    Therefore, even after your record is sealed or purged, your arrest history may still be available on websites or in some criminal history databases of private companies. If this is the case, there is some recourse that may be pursued.

    Are You in Need Legal Assistance?

    There are intricacies and varying circumstances to be explored concerning the options of expungement and sealing of criminal records. It is important to have an experienced attorney to guide you through the process of filing for expungement.

    If you need assistance with your criminal charges or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation.

  • What to Do If You Think There Is a Warrant Out For Your Arrest

    What to Do If You Think There Is a Warrant Out For Your Arrest

    It can be intimidating to learn there may be a warrant out for your arrest. In many  cases, you will not be aware of this until the police appear at your door with an arrest warrant. This situation will feel ominous and  may not offer any time for you to prepare a plan, mentally or tangibly, on the best way to approach the issue.

    4 Steps to Take is There is a Warrant Out for Your Arrest

    Our attorneys are experienced in criminal law and understand how to navigate such a situation. The following are four steps we recommend taking if you believe there is a warrant for your arrest.

    #1 Contact an Attorney

    The most important action to take in the warrant process is to contact a criminal defense attorney. An experienced attorney will be able to guide you through the entirety of the process, ensuring that you do not make difficult decisions alone. Your attorney will aid you in determining the reason for the warrant, the validity of the warrant, and be present with you throughout the extent of arrest, police questioning, and court hearings.

    Furthermore, an attorney can help you in posting bond, which will allow you to not remain incarcerated and remain at liberty while you defend the charge laid against you. An experienced lawyer can create a solid defense, helping you obtain the best possible outcome in your case, given your particular circumstances.

    #2 Contact a Bail Bondsperson

    Once you have obtained an attorney, they can assist you in connecting with a bail bondsperson. Doing this prior to the arrest will assist you in shortening the amount of time spent in jail. By beginning the process to post bail as soon as possible, and through completing paperwork in a timely fashion, you will benefit. This will allow you to leave jail faster than if you had not contacted a bondsperson prior to the arrest. Keep in mind that the bail bondsperson is in business, and you will sign an agreement to pay him/her a certain amount (usually a percentage of the bond amount) in order to allow the bondsperson to post the bond with the jail and facilitate your prompt release.

    #3 Turn Yourself In

    After consulting with your attorney, it is typically recommended that you “voluntarily surrender” to the police and cooperate throughout the process. Doing so will start the process as soon as possible, and enable you to get information from the State, and defend the charge(s). . Your lawyer will advise you on when and how to turn yourself in and may even be able to recommend an ideal time of day to turn yourself in, which will further expedite the process.

    #4 Refrain from Making Statements to the Police

    Finally, do not make any statements to law enforcement without your attorney present. Under the Sixth Amendment, you have the right to not answer questions without your attorney present so that you do not further incriminate yourself. While in jail, be cautious to avoid making statements to cell mates, jail officers, or even over the phone, as phone calls can be recorded and could be used against you in Court.

    We are Here to Help You Every Step of the Way

    At Apfelbaum Law, our attorneys are experienced in all aspects of criminal law. We understand how to navigate the confusing and intimidating process and are able to guide you through the necessary steps to protect yourself. If you have reason to believe a warrant is out for your arrest, contact us at 772-236-4009 or [email protected] to let us know how we can assist you during this time.

  • What’s the Difference Between Criminal Law & Civil Law?

    What’s the Difference Between Criminal Law & Civil Law?

    Have you ever found yourself in need of taking legal action but were unsure where to begin? Law is divided into several different categories, making it important to understand the main distinctions so you know what type of attorney you may need to contact should the need arise.

    Criminal law and civil law are two common types of law practices, but the differences between the two can be confusing. The following is a general breakdown of what each type entails and some general differences between the two.

    Criminal Law

    Criminal law refers to a series of laws that punish an individual who commits a crime considered to be against a state or nation. In criminal law cases, it is assumed that the defendant is innocent until proven guilty, and guilt must be proved beyond a reasonable doubt for a guilty verdict to be reached.

    In these types of cases, the defendant’s guilt or innocence is typically determined by a jury. If the defendant is found guilty, the government is involved in determining the severity of the punishment, whether that is jail time, parole, house arrest, or paying a fine. The crimes tried in criminal law cases include a wide range, including misdemeanors and felonies, which, in turn, also range in types of crimes, such as parking tickets, speeding tickets, drunk driving, drug crimes, trespassing, murder, assault, kidnapping, and arson.

    Civil Law

    In contrast, civil law is the term used for any non-criminal law. These cases typically deal with issues of individual interest that have been violated by another party. The other party may be another individual or an organization, and the offended individual must file a case against the other party. In these cases, there is no prosecution or defendant, but two “parties” involved.

    In a civil court case, the plaintiff files a lawsuit against the other party. In a civil court case, the plaintiff generally bears the burden of proof. Civil cases may include defamation, negligence ending in harm, property damage, breach of a contract, and much more.

    General Differences

    The definitions and sorts of offenses that each of these two categories include are perhaps the largest differences between the two. The majority of criminal offenses, including sexual crime, theft, robbery, assault, murder, burglary, and manslaughter, are covered by criminal law. Criminal law is in place to safeguard society since the kinds of offenses that fall under its purview frequently have an impact on society as a whole.

    While criminal law exists to protect society, civil law protects individuals (and organizations/companies). Individuals are safeguarded against defamation, carelessness, property damage, breaches of contract, and bodily injury under civil law.

    It is easy to recognize that criminal law and civil law deal in different types of legal action entirely. However, there are even more qualities that differentiate the two. For example, both types of law operate differently in the courtroom.

    In criminal law cases, the government bears the burden of proof, while in civil court cases, the plaintiff generally bears the burden of proof.

    Further, criminal cases are almost always resolved by a jury, but civil court cases are often resolved with a judge, or even outside of the courtroom entirely through settlement, mediation, or arbitration.

    While criminal cases typically end in incarceration, probation, and large fines if the defendant is found guilty, civil cases typically result in the accused party paying damages (compensation) to the plaintiff.

    Contact Us Today

    One should understand the distinctions between civil law and criminal law for basic awareness. However, if you find yourself in need of legal advice, either criminal or civil, it is best to contact an experienced attorney who can expertly represent your best interests.

    If you have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart and provide legal services throughout the Treasure Coast and Florida.