Legal Briefs on August 15, 2018

Questions from Deb:

  • Question: The update on the stand your ground shooting case now is that Bernie McCabe, the state attorney has decided that Michael Drejka will face first-degree manslaughter charge. A charge his office says they believe they will be able to get a conviction on. What’s your feeling on that?

    Answer: It is too early to determine an outcome. The evidence that we currently have doesn’t seem to support the prosecution’s case. We will have to hear the witness testimonies, videos, and other evidence.

  • Question: Manslaughter carries less of a preponderance of the evidence versus a first-degree murder. What is the legal difference between manslaughter and murder?

    Answer: There are a lot of differences but planning and execution are some of the main.

  • Question:  The Italy bridge collapse where approx. 37 people died, comes news that the prosecutors in Florida may have a tough time proving their case; if they decide to bring criminal charges against the companies involved in the deadly Florida International University pedestrian bridge collapse. Reporting that Florida law favorably treats contractors after construction accidents. What do you see is going to be on the side of the victims to prove that there was negligence i.e. the voice mail of the engineer calling and saying that there were cracks found?

    Answer: They would have to show a level of negligence, incompetence and that the contractors knew or should have known.
  • Question: Even though there is a voice mail where they admit there are cracks, the defense for the contractors will probably bring experts in who will say it’s probably a regular occurrence. We as the public think, “there’s cracks, they should have known it was dangerous”.

    Answer: They will have to show that it wasn’t something that naturally occurs. There’s a lot of facts that go into this.

Listener Question:

  • Question: A person drives a company truck and it’s apparently equipped with a camera, and he’s told a microphone. He never received any paperwork nor been officially told anything. Is there any legal obligation the company has?

    Answer: Certain states allow recording with only one party’s knowledge. The camera was in front of the person, therefore, they should have known that there was a possibility that they are being recorded. If it’s not something you’re comfortable with, you probably need to find another job.

Legal Briefs with Kaufman & Lynd: June 27, 2018

Legal Briefs with Kaufman & Lynd: July 11, 2018

Legal Briefs with Kaufman & Lynd: August 1, 2018

Jeffrey S. Kaufman is currently licensed to practice law in Florida and seventeen other states. Jeffrey can be found on Justia Lawyers, Martindale Hubble, and HG.org

For more information please visit; Whenyouneedus.com

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