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O’Mara Law Group is the private law practice of Mark O’Mara. Mark O’Mara has been practicing law in Central Florida since 1983.

Are Prenuptial Agreements Really Necessary, and Can I Use a Regular Family Lawyer?

Mark O'Mara - Monday, December 11, 2017

Compassion plays a major role in the ease of a transition in family dynamics. The O’Mara Law Group practices compassion, consistency and effective representation. Whether you are looking for a simple consultation for legal advice, or full-on representation to see you through your next chapter, it is imperative that you feel confident and comfortable with the direction you are going. The O’Mara Law Group does not just see you through the difficult time, or in the case of a prenup, a new, exciting chapter; we carry you through it, all while securing you and your family’s future.

 

 

Mark O’Mara, a Family Lawyer in Orlando, is Board Certified in Marital & Family Law. With less than 275 lawyers with that distinction in the entire state of Florida, Mark O’Mara brings vital experience and expertise to the table. Requiring further education, extensive testing and trial experience to be double, board certified in these areas, both judges and prominent attorneys weigh in on whether a candidate is qualified. Mark has served as President for the Central Florida Family Law Inn of Court and President of the Seminole County Bar Association. Surpassing expectations as a leading Orlando Prenuptial Agreements Attorney, Mark O’Mara is known for his vast repertoire of techniques and knowledge of the law to maintain high client satisfaction. Equipped with knowledge, and empowered with the tools to expedite closure to the degree of peaceful and fair resolution, the O’Mara Law Group can restore balance in your family as best as possible. Chief ingredients in the success and proficiency of securing the future for you and your family: nothing is held higher than knowledge of the law, and the experience in using it in matters such as these. Mark O’Mara and his staff excel in competency and rapport with clientele. Establishing a relationship from the moment of consultation, all the way through to the resolution, the O’Mara Law Group can restore your hopes, reinstate confidence and rests assure your security in tomorrow.

 

Are Prenuptials Really Necessary?

 

It may seem skeptical or negative to think about a divorce when you’re in the thralls of bliss and love. However, both in business and love, it is essential to your sustainability to consider the what may come if things were to not work out. In business, we seek to protect our assets, our investments, right? The same caution is to be applied in all of your relationships. It may not be romantic to begin the discussion of prenuptial agreements with your loved one, but it is necessary.

 

Prenuptial agreements are not just to assure original assets return to the original owner should there be a divorce; they also help prevent any surprises in court should this occur. A prenuptial agreement is not just for high-end celebrities or those with elite financial statuses. Prenuptial agreements are for everyone who is entering into a legal partnership; marriage. What is wonderful about these legal agreements is that they can consist of whatever the parties desire, outside of child visitation and child support. Prenuptials take the guessing out of the game, and give each person the security in knowing where they stand should things fall apart.

 

It is natural to feel inhibited about this type of discussion, so whether you seek representation after the initiated conversation, before you have one, or during the conversation, know that the O’Mara Law Group can take the heat out of the much-needed discussion. We know how this can affect your life, your loved one, and your future. There is a lot at stake, and you want this process to go as smoothly as possible, without causing any friction in your relationship. Practicing integrity and compassion, the O’Mara Law Group reveres the sensitivity of this delicate situation, and assures that all parties can move forward with confidence, security and a smile on their face. We understand that this is your life, your family, your heart; your future. We take a vested interest in your desires and the well-being for all parties involved.

 

It is not about finding an attorney for your situation ---- whatever your situation may be. It is about finding the right attorney for you and your case. We’ll stand up for you and your interests, and we’ll work hard to see that you get the outcome that meets your needs. Schedule a consult today.

 

What is A Postnuptial Agreement?

Mark O'Mara - Wednesday, November 08, 2017

Prenuptial agreements are essential today, and are not just to ensure that the original assets return to the original owner should there be a divorce. Prenuptial agreements also help prevent any surprises in court while in duress through this process in the event of a split in partnership. A prenuptial agreement, against popular belief, is not just for high-end celebrities or those with elite financial statuses. Prenuptial agreements help protect all parties, and their best interests, and are for everyone who is entering into a legal partnership; or marriage. What is wonderful about these legal agreements, these contracts between partners, is that they can consist of whatever the parties desire. This, of course, does not include child visitation and child support; those must be addressed based upon equations and standards set forth by a court of law. Prenuptials take the guessing out of the game, and give each person the security in knowing where they stand should things fall apart.

 

But what happens if you did not put a prenuptial agreement into place? Is it too late? It isn’t. Postnuptial agreements are gaining in popularity in today’s society just as much as prenuptial agreements are gaining in popularity. Postnuptial Agreements are a legal contract put into place after the fact; after a legal marriage or after two parties have combined their lives together in a partnership. You do not even have to be married by law to have a postnuptial. The postnuptial agreement is just as legally binding as a prenuptial agreement, in fact, many times, a postnuptial agreement can smooth out a rocky road in a relationship. “How?” you ask. Think about all the times you have heard co-workers and friends complain about the dynamics of their relationships. In general, people seek community for support with their day-to-day life problems. Counsel among friends can be relieving; relieving of stress maybe, but it does not usually resolve the problem; the stressor. And that relief? It is usually just temporary. When you hire an attorney for a postnuptial agreement, in most cases, but not all, people are usually seeking out this contract because the shine of the relationship has worn off, and in the light of day, there are conflicts. This is usually a defense mechanism, seeking out protection if a split were to take place. When you are drawing up a postnuptial, you must record all of your assets for both parties. This will include what each party brought in, what the partnership has built together thus far, and behavioral documentations. Behavioral documentations may include spending habits and responsibilities. By documenting these things through the postnuptial process, it forces both parties to put everything in black and white, therefore, accountability takes place. Sometimes putting things down on paper and documenting behaviors and facts can make people realize the true dimensions and dynamics of the partnership. People tend to forget what all their partner does for them and the relationship over time. People tend to only see things from their skewed perspective. Bringing these factors to light can actually help smooth out a marriage or partnership that was rocky. On the other hand, it can also clearly identify that maybe a legal separation is exactly what the two parties need.

 

Orlando separation agreement attorneys at The O’Mara Law Group want what is best for their clientele. If parties can reconcile before a legal separation, and salvage the marriage, a postnuptial agreement can still be put into place to protect all parties. If things have come to a head, and a separation is needed, the attorneys here can help smooth the transition in this trying time. As a family lawyer in Orlando, Mark O’Mara recognizes the sensitivity of these scenarios, and believes in helping people through the difficult situations like these. Postnuptial agreements are not just for partnerships that feel they have reached a need for a legal separation, many people seek to have postnuptial long before separation is even considered. No one here claims that it cannot be reconciled and the relationship healed; however, a postnuptial can ensure fairness and protection should anything happen. Isn’t it better to give yourself the security you deserve? Call The O’Mara Law Group today for a consultation.

Fraud Charge Defense: Embezzlement, Elderly Fraud, Identity Theft and More

Mark O'Mara - Wednesday, May 31, 2017

 

Fraud and financial crimes are greatly dependent on two existing factors:

 

  1. 1.  There must be an individual or entity that accepts or takes money or property from another that is illicit. Illicit means the act is illegal in some form, and forbidden by law.
  2.  
  3. 2.  The individual or entity in question has used these finances or property to benefit from (Thomson Reuters, 2017).
  4.  

You may be thinking, "How can anyone possibly defend an act of this nature?" However, it is not about defending the act, it is about proving in a court of law that both of those above-mentioned factors exist in the case.

 

What Are Common Fraud or Financial Crimes?

 

  • Embezzlement- Embezzlement is legally defined as larceny or theft of assets. Assets may pertain to money or property. It is common that in the work place a person is given access to company property, such as company cars, laptops and phones. If these things are used in a manner other than what they are designated for, and the person has benefited from it, it is possible to face charges of embezzlement. The same theory applies to finances (Thomson Reuters, 2017).
  •  
  • Elderly Fraud- As it pertains to elderly fraud, we commonly see that the elderly is taken advantage of by means of financial improprieties, as well as property. Any misrepresentation of promise of goods, services, or benefits in exchange for assets can lead to criminal charges. This is considered a form of fraud and exploitation (Thomson Reuters, 2017).
  •  
  • Identity Theft- In most states, Identity Theft is considered a crime if any misuse of a person’s identifying information is used. However, Identity Theft encompasses a large number of possible scenarios that could be considered by a court of law, criminal. Over the past few decades, there has been a dramatic increase in the number of Identity Theft cases. Because of this, in 1998, Congress passed a law making Identity Theft a Federal Crime. So, it doesn’t matter the degree of the crime, if a person is charged with Identity Theft, they face Federal Charges (Thomson Reuters, 2017).
  •  

Because of the nature of the crime, a person can be charged and categorized for a much more serious charge and have severe implications that could be detrimental to one’s life and future. Even if a person is found not guilty, or is given a lighter judgement and/or sentence, a person’s reputation could be seriously damaged. Once a reputation has been demolished, it is difficult to impossible for a person to recover from the incident. Such a situation can lead to a hindered future. Such incidences as unemployment, abandonment from family and friends, public scrutiny, and lack of ability to sustain financially can render a person even homeless.

 

It is essential, if a person has been charged with any type of Fraud charges, that they seek the help of a skilled and experienced Criminal Lawyer in Orlando, such as the O’Mara Law Group. These Orlando Fraud Lawyer bring a world of knowledge and combined expertise to the forefront. With extensive criminal trial experience, Mark O’Mara and his team can find a solid defense for you. While working diligently to win your case, the O’Mara Law Group also addresses the topic of your reputation. We believe that social media plays a significant role in public perception, and can influence a case; swaying in either direction. Taking control of that influence works for clients in a positive way. Influence of public perception has swayed many cases in the past, and we have witnessed how it can positively affect a case, in addition, we have witnessed how it can negatively influence a case, and wreak havoc. Much to one’s detriment, the public perception can find a person guilty and scorned for life, even when a court of law finds the person not guilty. We believe that it is not just about the verdict, it is also about being able to pick up the pieces and move on. A person can only move on and leave the case behind them if they have external support. A person’s reputation is essential to the outcome of a criminal case. Call today, to see what The O’Mara Law Group can do for you.

 

References:

Thomson Reuters. (2017). Find Law. Retrieved from http://criminal.findlaw.com

 

In Today's News: Did Michael Flynn Commit Treason?

Mark O'Mara - Wednesday, February 15, 2017

Treason is defined in 18 US Code 2381 as "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere is guilty of treason and shall suffer death, or shall be imprisoned not less than 5 years and fined under this title but not less than $10,000.00; and shall be incapable of holding any office under the United States". (emphasis added)

 

 

In law school exams, students are given strange, complicated fact scenarios, often including some arcane statute. They are then asked to identify the legal issues presented and discuss them. Giving the correct answer is important, but using the correct analysis is paramount.

 

Here is the question: if a soon to be national security advisor has an ‘off the record’ conversation with a Russian ambassador, about recently imposed sanctions and in effect told him ‘don't worry about it, we've got you covered’, is that treason pursuant to 18 USC 2381?

 

Although virtually no one is ever prosecuted under the treason statute, this is still an active law of the land. The initial inquiries must focus on whether Russia would be considered an ‘enemy’ under the statute and whether Flynn gave them ‘aid and comfort’ by advising them that sanctions imposed by the Obama Administration would be relaxed, changed, canceled, or in some form or fashion reconfigured in a way that would aid or comfort them.

 

While many people would identify Russia as an enemy of ours, that analysis is far from obvious. Many people consider Russia as an ongoing adversary, particularly with the recent uptick in perceived animosities, from the alleged involvement in hacking to the recent deployable of a seemingly banned cruise missile. But, there is, of course, no declaration of war; we have trade agreements (the WTO as of 2012; they gained Permanent Normal Trade Relations on December 20, 2012); and we have treaties with them, including New Start treaty. It is, therefore, doubtful if Flynn or anyone else could be held accountable under this statute due to Russia’s non-classification as an enemy.

 

Whether Flynn gave ‘aid and comfort’ to Russia will be borne out by the yet to be released transcripts of the calls, but if Flynn advised of an anticipated reversal or relaxation of the sanctions, that would, arguably, meet the definition. Flynn’s denial that he discussed sanctions is significant because it is relevant to his potential guilt. Just as flight from the scene of a crime may be used as evidence of guilt, so too can a denial or falsity regarding the event.

 

Second part of the law school question: identify and discuss responsibilities of the administration if they were advised of this breach by intelligence agencies weeks before demanding Flynn’s resignation. Include in that analysis that Flynn, after the disclosure to the administration, maintained his position in and therefore access to classified information and briefings.

 

As to this analysis regarding the responsibilities of the Administration, they are much more difficult to identify and therefore analyze. The executive branch has wide powers, and broad discretion in how to attend to and administer issues of foreign policy and national security. We get some insight from 18 U.S. Code §798, dealing with disclosure of classified information, which states in part that whoever knowingly and willfully communicates to an unauthorized person any classified information (which would include information discussed at the relevant intelligence briefings) then that person shall be fined or imprisoned for not more than 10 years or both. The question is whether Administration officials could be held to answer for ‘knowingly and willfully communicated classified information to an unauthorized person’ (Flynn), since the Administration had notice that he might have violated the law, and was put on notice that he may have been susceptible to blackmail. This inquiry demands a full investigation of what the administration knew about Flynn’s failings, and when. Using the information given to them by the intelligence officials, including the acting Attorney General, did they separate Flynn from the briefings? If so, why and if not, why not?

 

With the law school examination and analysis behind us, one question is why Flynn would be so flagrantly reckless in his behavior? Flynn is simply too intelligent and experienced not to know that his communications may have been monitored by his very own Intelligence community. Did he believe that he was so far up the food chain that he could have squelched the inquiry had it occurred, or that those in the Intelligence community would cover the conversations that he had with the Russian ambassador? Why he would affirmatively have such a conversation and then lie directly to the Vice President? Why when challenged, did he come up with a series of expanding acknowledgements of his behavior from a firm "no" to an "I don't remember" to a "maybe"?

 

Unfortunately for the Trump administration, all of these questions must be answered, investigated and analyzed, as the very heart of our national security, entrusted to someone who violated protocol, possibly statutes, and certainly the trust of a nation, must be vindicated.

 

BREAKING NEWS: Chicago's Unfortunate Event is Unquestionably a Hate Crime

Mark O'Mara - Thursday, January 05, 2017

 

What happened in Chicago is unquestionably a hate crime, and must be treated as such.

Within our criminal justice system, we categorize crimes by the nature. There are property crimes, such as vandalism or petty theft, ‘victimless’ crimes, such as drug offenses, and there is a category called ‘victim’ or personal crimes, and these are more serious than the others. Within victim crimes there are other subcategories, such as crimes against children, crimes against the elderly and crimes against vulnerable victims, such as mentally or physically handicapped. Those categories are enhanced victim crimes because of who they are perpetrated against. Several years ago, we came up with a concept of a hate crime, which is a designation and an enhancement added to a crime because the person victimized was of a special class. In effect, if the crime is perpetrated against somebody because of who they are or what group they belong to, then it is an enhanced or more serious event. In the scheme of criminal responsibility and punishment, the hate crime designation makes sense: if you are victimized because of who you are particularly, that is more egregious than a ‘general’ victim crime. Many states have guidelines that add points to a scoresheet, and therefore the sentence, based on whether there was a victim, whether the victim was injured, and the extent of injury caused.

With what is now known in the Chicago torture crime, there is no question that this victim was targeted because he met one, and maybe two, categories. One, because he was white, and two, seemingly, because of his mental disability, which made him more vulnerable. If there was a double-enhancement available for hate crimes, this would meet that criteria as well.

Sadly, there is an even more sinister facet to this crime. It was done, ostensibly, in the name of a movement which has its roots in attempting to highlight the undeniable inequities inherent in the criminal justice system regarding African Americans. They exist now and they have existed for decades, if not centuries, in our system. Much like the thugs who would beat up a protestor at a Trump rally, these thugs took advantage of a helpless victim, and supposedly did so to further the principles of the Black Lives Matter movement. Nothing could be more misdirected than such a sick, bastardized version of loyalty to that movement, and it should be condemned for exactly what it really is: criminal bigotry.

 

Sexual Crimes and the Law

Mark O'Mara - Tuesday, December 13, 2016

 

Sex offender; it’s a generic term that covers a wide variety of criminal involvement in any sex crime act. But its effect can be devastating. Sex offenders are traditionally required to register with local governments and become branded by societal perceptions. Not only are the cases significant and dangerous, the public view of such cases, even just the allegations of such misconduct, can ruin a career, a friendship, or a marriage. Headlines of news media outlets and social media outlets strategically create frenzy to attract readers. Once the ball gets rolling, most people don’t even care to read the facts or check them. While the term sex offender covers a wide range of criminal activity, when headlines read Sex Offender or Sex Crimes, much is left to the imagination of the public. Although, the article may articulate a more in depth look into the case, the catchy headline is all many readers will read before they form an opinion and spread the news.

 

There are many different kinds of sex crimes, and while society is politically divided, any such story receives almost universal response: guilty until proven innocent. Child Pornography has gained a lot of attention over the last couple decades and it is common for the accused to receive a sentence of incarceration. This is not exclusive to those guilty of circulating and originating the child pornography itself either; this includes those accused of accessing the child pornography. Society is not the only party that has become more scrutinizing and involved; policy makers have approached sex crimes in a manner that represents a “get tough” approach to punishment for all sex crimes, including transnational sex crimes as they greatly impact an even larger perspective (Mears, et al. 2008). Orlando sex crimes lawyer, Mark O’Mara, is a Board Certified Criminal Trial Specialist. With experience and expertise, you can entrust your future and your reputation in representation that is proficient in best outcome results. No criminal charges for sex crimes should be taken lightly; the impact of the accusation alone can be detrimental. Having the best criminal defense attorneys in Orlando work together to shape the media’s perspective inside and outside of the courtroom is essential in regaining your footing where your reputation is concerned in addition to securing your future.

 

While policy makers have cracked down on the sentencing for sex crimes, especially those involving children, less attention has been given to how those sentenced are being treated. Society decides before a judge and jury as to whether or not a person is guilty. Even when proven in a court of law that a person is not guilty or acquitted, society still condemns. Let’s face it; if your attorney is not working to control of the perception of the public just as much as they are concerned with what goes on in the courtroom, then your reputation may never recover (Mears, et al. 2008).

 

Criminal charges for Sex Crimes are not just about the crime itself; it is also about politics and public perception. If your legal representation is not addressing all of these factors, then you could be damaging you and your family’s reputation. At O’Mara Law Group in Orlando, all these factors are addressed in their strategic approach to your defense.

 

References:

 

Dallas Morning News Inc. (2016). Dallas News. Retrieved from http://Dallasnews.com

Mears, D., Mancini, C., & Gertz, M., Bratton, J., (2008, October). Sex Crimes, Children, and Pornography Public Views and Public Policy. Crime & Delinquency, 54(4), 1-28. sage journals.

 

Mortgage Fraud: Different Types of Charges

Mark O'Mara - Saturday, November 19, 2016

 

 

What is Mortgage Fraud? The Different Types of Charges

 

If someone is charged with Mortgage Fraud, they are going to fall under one of three categories for fraud. Whether they played the main role and acted solely on their behalf, or played a partial role as part of a larger scheme, the criminal charges and sentencing vary widely if there is a conviction. It is essential that no matter what role was played, you seek experienced and proficient representation. Criminal defense attorneys in Orlando at the O’Mara Law Group have extensive experience in Criminal Trial Law with Mark O’Mara, a legal analyst for CNN and founder of Justice Outreach.

 

So What Are the Three Different Kinds of Mortgage Fraud?

 

Fraud for Profit- Fraud for Profit is also known as “Industry Insider Fraud.” This type of mortgage fraud is rated by Freddie Mac as the most costly mortgage fraud committed. This is typically committed by a group of people playing multiple roles in a large scheme. This type of fraud requires numerous fraudulent transactions. Many involved in this type of fraud could range from the realtor, mortgage broker, loan officers, and home seller (Freddie Mac, 2016). This large scale fraud takes coordination to pull it off, and every role is an important one. Don’t think for a second that the larger the group in the party the less severe individual charges will be. In Anchorage in 2009, a real estate investor that played a role in a scheme was one of nine charged; he was sentenced to 70 months in prison and pled to 64 counts in addition he was ordered to pay $2.5 million in restitution (FBI.gov, 2009). In 2007, 31 people were charged in one scheme (FBI.gov, 2010).

 

Fraud for Criminal Enterprise- This type of fraud is traditionally committed with some involvement in criminal organizations. This type of scheme involves the process of laundering funds in means of buying properties with “dirty” money, money that was obtained through criminal activity of any kind and turning around and selling them. Usually, there is more than one key player; however, it does not require many; under most state laws a conspiracy can exist with as little as two people involved.. While there are variations to the schemes played out in this type of Mortgage Fraud, the most common is by ways of property flipping for the purpose of laundering illegal funds (Freddie Mac, 2016).

 

Fraud for Housing/Property- The most common mortgage fraud charge is Fraud for Housing or Property. Unfortunately, this crime is rarely thought of as a serious crime by those that commit it. This is traditionally a single act crime, usually benefitting one person or family. The most common scheme in this fraudulent act is when a borrower falsifies information and/or documents. Falsifying information on mortgage loan applications, such as employment, assets, or income is a federal offense. If there have not been any charges filed and you feel the need for obtaining legal representation in Orlando mortgage fraud lawyer Mark O’Mara of the O’Mara Law Group can advise you what the next step should be. Know this; while it is the most common mortgage fraud committed, and many go undetected, it is not taken lightly in a court of law. In 2007, a woman was sentenced to 37 months in prison by a Federal court of law for committing fraud for housing (Freddie Mac, 2016). This type of mortgage fraud is not always intentional and the range of consequences varies state by state. If you feel as though you may have committed an accidental crime, it is best to consult with a professional proactively.

 

Mortgage Fraud is a serious crime and the Federal government conducts studies to lower the percentage of fraudulent acts perpetrated in the mortgage industry. The lasting effects of mortgage fraud charges can be devastating to families and reputations. Seeking experienced, expert representation and guidance is essential to the outcome of this situation. O’Mara Law Group combines substantial criminal trial experience with the relief from worry for their clients. Do not wait until it is too late, schedule a consultation immediately so you can rest...confidently.

 

References

 

FBI.gov. (2009). FBI. Retrieved from http://archives.fbi.gov

FBI.gov. (2010). FBI Mortgage Fraud Report 2010. Retrieved from http://fbi.gov

Freddie Mac. (2016). Emerging fraud trends: Types of mortgage fraud. Retrieved from http://freddiemac.com

 

A Serious, High-stakes Homicide Case is Not a Job for Just Anybody. It is Your Life That is on The Line

Mark O'Mara - Thursday, July 07, 2016

 

It seems like every single day there’s a new headline in the press or a news story on TV highlighting an unfortunate homicide case. The fact that one human is able to kill another human being is alarming and draws a lot of negative attention. Homicide is not something a person wants to be famous for, let alone be involved in. The consequences that arise from homicide cases can be anything from lengthy prison sentences to death penalties. It is critical to the outcome of the trial to have experienced criminal defense attorneys by your side.

 

You may be wondering, what is homicide? Homicide is an umbrella term used to describe a diverse array of offenses that a person can be charged with if the defendant caused the death of another human being. Many times the term homicide is used interchangeably with the term, “murder.” To be clear, murder is a form of homicide that involves killing with intent. You might have also heard of the term, “manslaughter,” which is also a form of homicide where the person had the intent to harm but not to kill.

 

As you can tell, although the concept of a human killing another human seems simple, there are actually many types of such killing and some of those might not even be considered criminal.

 

Murder charges occur when there is intent to kill the victim. As the most serious type of killing, the murder charges are commonly classified into either a first-degree murder or a second-degree murder. A first-degree murder is both premeditated and intentional. This means that there was planning involved to intentionally kill the victim. Often the defense of first degree murders fall into two categories: claims that the defendant did not commit the killing of the victim or that the defendant killed the victim, but it does not fall under the qualities of a first-degree murder. They may even use the defense that they committed the murder as a form of self-defense. Second-degree murder is intentional killing that was not premeditated or resulted from the offender’s lack of concern for human life while having dangerous conduct. Some common defenses used to defend second-degree murder are intoxication, self-defense, or in rare cases, the plea of insanity.

 

Manslaughter is the killing of a person with intent to harm but not necessarily to take their life away. This is a lesser killing crime and is classified into two categories: involuntary and voluntary. Voluntary manslaughter constitutes a killing that was done in the “heat of the moment.” This may often be justified with the plea that the killing unintentionally resulted as a consequence to self-defense. Offenders often feel that their murder was justified and they would have be harmed themselves if they did not defend themselves. Involuntary manslaughter occurs when there is negligence for the concern of human life when partaking in a dangerous behavior. Some common defenses to second-degree manslaughter are the victim’s death was caused by accident, the offender was falsely accused, or again self defense.

 

Not all homicide is criminal. Sometimes homicide can be justified. In this circumstance there was no intent by the offender to kill the victim. This might occur when the offender feels threatened and the victim was killed as a consequence of self-defense. There must be evidence that the individual had a reasonable fear for their life, a fear for another person’s life, or the other person was about to commit a serious crime that would have caused the death or serious injury to the individual.

T

he consequences of homicide cases vary depending on the jurisdiction. Almost all result in imprisonment, probation, or fines. In very serious cases, some states may have the option of utilizing the death penalty on the defendant. No matter what, homicide charges greatly put a burden and impel fear. The result of the trial will be life changing regardless of the severity. There is a lot at stake in life and a lot that can be done to give the best possible outcome if put in the right hands.

Orlando murder defense attorney, Mark O’Mara has seen it all. The founder of the O’Mara Law Group has had over 31 years of experience in criminal defense, is a board certified, and has served as a Seminole State prosecutor. He has recently been accredited to being the defense lawyer of George Zimmerman in the nationally infamous Trayvon Martin homicide trial.

 

A criminal case is drastically different from just any regular case. There is a lot at stake; imprisonment, fines, and other life-changing consequences are put on the line. This is not a job for anyone. Persecutors are going to be tenacious and you need a team by your side that will counter the fight with greater tenacity. The right attorney could make a huge difference in helping to limit your exposure to the severe consequences that come with this type of conviction. Make sure you do your research on the attorney that’s right fit for you.

 

 

​We Specialize in Complex Property Division Knowing It’s Often a Contentious Issue in Divorce

Mark O'Mara - Thursday, June 30, 2016

 

The O’Mara Law Group knows what a difficult time your divorce is for you. We know the countless nights you’ve spent thinking about it. Why add another worry to your list? If the daunting prospect of dividing your properties keeps you up late at night, talk to an Orlando divorce property division attorney.

 

We know that financial assets aren’t easy to split up. You may have life insurance policies, retirement plans, pensions, stock options, brokerage accounts and more to be inventoried and evaluated. More than that, consider the wine collections, sentimental gifts, home furnishings, and antiques that are now suddenly up for grabs. Determining a value for these assets can be difficult, and costly. It's hardly ever the best indicator of how much these sentimental items are worth to you. How do you determine, not which item is worth more financially, but emotionally?

 

When discussing equitable division of property, there are some terms you need to understand first. You need to understand the difference between Separate (non-marital) Property and Marital Property.

 

We define Separate Property as a few things:

 

  1. Property owned by a spouse before marriage
  2. A gift received from a third party
  3. An inheritance (whether received before or after marriage) as long as it is kept separated
  4. Money from some sort of personal injury judgment given to either spouse for their pain
  5.  

Now, if you give your husband or wife access to your inheritance and deposit it into a joint bank account, this will most likely no longer be considered separate property. Do you see where the line begins to gray?

 

Marital property, on the other hand, is all the rest of the “stuff” you acquired during the actual marriage. This is where it can get confusing, because even though assets are either in your name or your spouse’s name, it does not mean it belongs solely and completely to you. It is still considered marital property, and will be considered for equitable division.

 

The gray areas get more complicated the longer the marriage, and/or the more diverse the assets. Separate property can also be considered marital property if it increases in value during the marriage. For this, you’ll need to know two terms: Active Appreciation and Passive Appreciation.

 

Active appreciation means that the increase in value came in part from your efforts or those of your spouse. So if your husband helped you out with your own business by giving you advice, working late and taking care of household duties, and of course, the kids, and your business flourished, that might be an argument used as marital property.

 

On the other hand, passive appreciation is really all about your separate property asset increasing in value due to some sort of outside force. So if you or your wife made no improvements to a piece of land and it simply increased in value, you might not have an argument that this piece of land should be in the mix with marital property.

 

When dividing assets, courts consider how long the marriage was, how much each of you earn, your age and health, your earning potential, and more, which is why you need to speak to a divorce attorney from the O’Mara law group. We know that these battles can get personal and complicated, but we are willing to fight for you. We don’t just deal with bank statements—we look at the overall value of your assets, and how they can be divided to benefit you best. When it comes to dividing assets, know that you’re not alone, and that we use all of our resources to work for you and towards a successful resolution of a difficult matter.

 

We Provide Criminal Defense Against State and Federal Charges

Mark O'Mara - Friday, June 03, 2016

We live in a world where background checks can be easily discovered with the click of a button. A criminal record can ruin your future. If you are charged with a crime, remember that it is not the end and you are not alone. With the help of experienced criminal defense attorneys in Orlando fighting in your favor, the result of your trial will have the best possible outcome.

 

Drug Charges

Employers take illegal drug usage very seriously. A majority of employers often ask their employees to take random drug tests. Failure to pass the drug screening results in automatic job suspension. A drug charge on your personal record is even worse. No matter what type of drug is involved; bottom line, drug charges are not taken lightly and will have severe consequences.

"Drug paraphernalia"  describes any equipment that’s used to prepare, inject, inhale, or conceal illegal drugs. It is against the law for anyone to sell, import, or export any of this equipment. The problem that blurs the line of legality of certain drug paraphernalia is that many of these look as they are designed for legal purposes to be used with legal drugs, such as tobacco.

Law enforcement has been incredibly tough and aggressive when it comes to drug possession. If you are found to be in the possession of cocaine, heroin, meth or any other illegal drug (besides marijuana), you are in danger of facing a felony charge that could range from heavy fines and imprisonment.

In the state of Florida, marijuana is an illegal drug and you will be charged with a misdemeanor criminal offense for any marijuana possession. Prescription drug charges have become increasingly popular. If you are found in possession of prescription drugs not prescribed to you, you will face criminal drug charges. Additionally, if you used another person’s name or identifying information to obtain those drugs, you could be charged with fraud.

 

Drunk Driving

If you are pulled over and asked to take a breathalyzer by law enforcement, a blood alcohol level content of 0.08 or above results in heavy fines, probation, driver’s license suspension, and even possible jail time. A DUI charge is not to be taken lightly.

 

Internet Crimes

The ability to understand and use sophisticated, technological evidence is the key to success in winning cases regarding Internet fraud or other computer crime cases. Examples of illegal Internet crimes include, but are not limited to identity theft, credit card theft, phishing, email fraud, computer network hacking, Internet sex crimes, and child pornography charges.

 

 

Embezzlement

Embezzlement is theft of assets by a person in a position of trust or responsibility over those assets. It is most commonly occurred in employment or corporate settings. A common form of this crime is accounting embezzlement where manipulation of accounting records is used to hide funds. In order for a charge of embezzlement to be supported, there must be a fiduciary relationship between the two parties.

In Florida, embezzlement can be classified as either first, second or third degree felony, punishable by up to five years in prison. Lesser offences include first and second degree misdemeanor embezzlement, which is punishable by fines up to $1,000 and one year in jail.

 

Fraud

Fraud happens when someone gains something of value from a victim by knowingly making a misrepresentation of a matter of fact. Fraud covers a wide array of actions such as identity theft, mortgage fraud or healthcare fraud. Although fraud itself is an independent criminal charge, it can also appear in other charges at a means to commit a crime.

 

Sex Crimes

Sex crimes such as rape or sexual assault convictions have penalties of jail time, in addition to a lifetime of sex offender registration. The stigma of being a registered sex offender is not only having effects on your professional career, but can also make you an outcast to your community.

 

 

Murder and Homicide

Many times murder and homicide are used interchangeably; however, there is a difference. Homicide is an umbrella term used to refer to the killing of one person by another. Murder is a form of premeditated homicide where there was an intent to kill. Manslaughter is another form of criminal homicide where there was not an intent to kill. Excusable or justifiable homicide would be someone killing another person as a means of self-defense.

 

Whether it is a state or federal charge, Orlando defense attorney,Mark O’Mara has the extensive experience and skills necessary to help you overcome adversity from criminal convictions. The O’Mara Law Group will do anything in their power to utilize all their resources to protect you from a criminal conviction that could interfere with your future and freedom.

 


Get the O'Mara Law Group On Your Side

To get the O’Mara Law Group on your side, call our office or fill out the form below to schedule a consultation. We will give you an honest assessment of your situation. We will outline the steps involved in your case, the choices you will have to make along the way, and the possible outcomes for your case.

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