If you or a loved one has been injured in an accident as a result of someone else’s fault, you need a Florida personal injury attorney to protect you and your family and to recover compensation for your injuries.

All serious personal injuries have catastrophic consequences for the victim and his or her family.  In addition to the physical pain and suffering, as well as mental anguish and psychological consequences to the victim, the economic cost to the victim’s family can be devastating.  Mounting medical bills, loss of household income and resulting debt, can send a family reeling into financial ruin.

Even when you are partly at fault for the personal injury yourself, others may bear equal or greater responsibility, entitling you to money damages.  Careless drivers or property owners, defective products, and negligent health care providers are legally responsible to you and your family for the injuries they cause.  Those at fault for your injuries can and should be held accountable.

If you or a family member have been injured, you need legal help, and delay in obtaining legal representation can be harmful to your legal rights and your attorney’s ability to recover damages for you and your family.  Contact an aggressive Florida personal injury attorney at Justin Seth Drach, P.A. today to schedule a free consultation about your accident.  We will evaluate your claim for free, and we will represent you on a contingent fee basis, which means we do not get paid any attorneys’ fees unless you recover on your claim.

Defending Debt Buyer Law Suits

Justin Drach and Amanda Thoele defend the rights of consumers like you – often at no cost to you – against companies who buy defaulted debts for pennies on the dollar, with very little information or documentation from the original creditor. Often these debt buyers have incorrect or incomplete information and do nothing to confirm that the information they have is correct.

These debt buyers typically file suit against you without the evidence necessary to prove their case, hoping that you will not hire an attorney and will not defend yourself. This allows them to get a judgment against you and possibly put lien on your property and garnish your wages and bank accounts.

There are rules about what can be used as evidence in Court, and we know how to use these rules to remind the Court that the limited information and documentation these debt buyers have is either not admissible or not enough to win their suit against you.

Additionally, after we win your case, we are typically able to ask the Court to order the debt buyer to pay all of your attorney’s fees. That means we are able to represent you at no cost to you and we only get paid if we win your case.

Suing Collectors and Debt Collectors

There are various laws that protect the rights of consumers from harassment and mistreatment by creditors and debt collectors. These laws allow you to recover money from the creditor or debt collector for violating your rights.

Justin Drach and Amanda Thoele are intimately familiar with these laws and have recovered thousands of dollars for consumers whose rights have been violated. These laws also require the creditor or debt collector to pay your attorney’s fees, so you do not owe us anything unless we recover money for you.

Consumers’ rights are protected by the federal Fair Debt Collection Practices Act and, in Florida, the Florida Consumer Collection Practices Act. You are protected even if you owe all or part of the money the debt collector is trying to collect.

Debt collectors have tried all kinds of things to intimidate consumers into paying these questionable debts. Debt collectors have impersonated police officers, called consumers at all hours of the day and night, threatened to have consumers fired from their jobs or to physically harm them, or threatened to have them arrested. All of these things are illegal.

Under these laws, debt collectors cannot, among other things, mislead you, harass you or your family members, cannot call late at night or early in the morning, cannot threaten you with violence, cannot use profane language, and cannot contact you about a debt when they know you are represented by an attorney.

If you have experienced any of these things, contact us today to schedule a free consultation by calling us at (904) 600-4384 or by emailing amandathoele@drachlaw.com.

If you or a loved one has been injured in an accident as a result of someone else’s fault, you need a Florida personal injury attorney to protect you and your family and to recover compensation for your injuries.

All serious personal injuries have catastrophic consequences for the victim and his or her family. In addition to the physical pain and suffering, as well as mental anguish and psychological consequences to the victim, the economic cost to the victim’s family can be devastating. Mounting medical bills, loss of household income and resulting debt, can send a family reeling into financial ruin.

Even when you are partly at fault for the personal injury yourself, others may bear equal or greater responsibility, entitling you to money damages. Careless drivers or property owners, defective products, and negligent health care providers are legally responsible to you and your family for the injuries they cause. Those at fault for your injuries can and should be held accountable.

If you or a family member have been injured, you need legal help, and delay in obtaining legal representation can be harmful to your legal rights and your attorney’s ability to recover damages for you and your family. Contact an aggressive Florida personal injury attorney at Justin Seth Drach, P.A. today to schedule a free consultation about your accident. We will evaluate your claim for free, and we will represent you on a contingent fee basis, which means we do not get paid any attorneys’ fees unless you recover on your claim.

Federal criminal cases are vastly different from other types of criminal cases.  The rules of procedure are unbending; the charges are usually complex; and the penalties are severe. Being investigated or charged with a crime by a federal agency is a frightening and often confusing situation. In the post 9/11 world, the Federal Government has an array of powerful investigative tools and plenty of resources that can be used to build a case against you, such as: Wiretaps, Pen Registers, Video and Surveillance. The Federal Government typically uses task forces that combine law enforcement agents from federal, state and local authorities into a powerful prosecution team. In short, federal prosecuting attorneys have the power to bring tremendous resources against you, and they will not hesitate to do so.

Federal crimes either cross state lines, involve a federal agency (e.g., the post office, federally insured banks, the SEC and HUD) or involve the internet. Come of the most common cases prosecuted at the Federal level include:
Drug trafficking
Robbery
Child pornography
Mail and Wire Fraud
Money Laundering
Conspiracy
Crimes on Federal land and military bases

There are several factors that make federal criminal defense so daunting:
Federal sentencing is severe, and there is no parole.
The Federal Criminal Code does not lend itself to plea negotiation.
Federal prosecutors and law enforcement agents typically have far greater resources and experience than their state counterparts.

If you are facing potential federal charges, beware! Federal Agents have probably already accumulated evidence against you. They can take months or even years to prepare a case. By the time you are charged, they already have a head start on you. The Government spares no expense or resource in its attempting to obtain convictions and seizing the valuable assets of individuals and corporations that are under investigation for, or have been charged with the alleged commission of federal crimes.  If you are a subject or the target of a federal investigation, your or your corporation’s assets have been seized, or you have been charged with a federal crime, you need aggressive legal representation.  This makes it especially important to get your defense started by a federal attorney quickly.

Most criminal prosecutions occur in state court. Hiring a trial lawyer is one of the best decisions you can make when faced with criminal charges. We understand the importance of details, such as evidence and witness testimony. Our firm will work collectively to obtain the information we need to defend your case from all sides. Your initial consultation is free of charge, so contact us today if you need aggressive defense from any of the following charges:
Burglary: A felony theft crime, burglary can be committed in the first, second, or third degree depending on what type of structure was entered and whether or not it was occupied.
Drug Crimes: Drug-related offenses such as possession and trafficking can be misdemeanors or felonies. Some cases may even be federal crimes handled by agencies such as the FBI or the DEA.
Possession: Drug possession can be a misdemeanor, but most cases are felonies resulting in thousands of dollars in fines and up to 30 years in prison. Make sure you have aggressive defense if you have been charged with possession.
Trafficking: Moving illegal drugs from one place to another, usually with the intent to sell or distribute them, is a felony offense resulting in years to decades in state prison, as well as exorbitant fines.
DUI Offenses: Driving under the influence of alcohol or drugs is a reckless offense that endangers the lives of others. As a result, a conviction will incur high fines, license suspension, and time in jail.
DUI with Injury: If someone is injured in an accident caused by a drunk driver, the DUI penalties increase to those of a second degree felony, which include up to 15 years in prison and a fine of up to $10,000.
Suspended License: To prevent DUI offenders from returning to the roads, a DUI conviction will result in term of license suspension so that the offender cannot legally drive.
Internet Crimes: Common internet crimes include identity theft, credit card fraud, hacking, scams and phishing. The state of Florida has extensive laws regarding these offenses and punishes most of them as felonies.
Theft Crimes: Shoplifting, burglary, robbery, and other such offenses involve theft of another person’s property. Lesser offenses such as shoplifting are misdemeanors, while burglary and robbery are felonies of the first, second or third degree.
Violent Crimes: Violent crimes are those involving infliction of bodily harm or death. These offenses are usually felonies and include homicide, manslaughter, assault and battery, and domestic violence.
Sex Crimes: Most sex crimes are felonies, including sexual battery, lewd and lascivious molestation and battery, possession of child pornography, and prostitution. Not only will a conviction result in fines and a prison sentence, but offenders may also be required to register as a sex offender for life.
White Collar Crimes: When a businessperson commits a crime in the line of work, such as embezzlement, fraud, or money laundering, it is a serious felony offense that could ruin their reputation and future career.

Consult with an Attorney from Justin Seth Drach, P.A.
Our firm could provide the competent legal representation you need if you have been arrested for any of the crimes above. Call now for a free consultation to discuss your options with a criminal defense attorney right away!

Estate Planning is the process whereby a person develops a plan and prepares documents to conserve, protect, and distribute estate assets before and after death for the benefit of loved ones and charities, taking into consideration the effect of state and federal tax and administrative laws and regulations. It can also involve planning for the use of your assets for your care if you become unable to manage your affairs during your lifetime.If you own a home, have some savings, or own any goods such as a car or furniture, then you have an estate. Planning for the future will affect the financial security of those you love. If you don’t plan for what happens to your estate upon your death, the government will make those decisions for you.You should have an estate plan if:
you care about who inherits your property;
you care about your health care treatment;
you are the parent of minor or disabled children; and/or
you want to avoid the public proceedings of a possible guardianship and/or probate.

How We Can Help You: Family Wealth Preservation Strategies:We know that your estate is a reflection of years of hard work, careful planning and good decisions. That’s why we dedicate considerable time to design plans that are tailored to meet your unique needs and help ensure a secure future for those closest to you. We provide practical solutions to estate planning and asset protection concerns to accomplish our clients’ wishes, including maintaining management and control of their estate, while at the same time avoiding probate, protecting family members, ensuring their financial privacy, obtaining peace of mind and avoiding unnecessary taxes. We understand that every estate, regardless of size, is important.Our firm handles all aspects of estate planning, including creating wills and trusts, powers of attorney, living wills, warranty deeds and pre and post-nuptial agreements; business planning; asset protection planning and wealth preservation planning; planning for incapacity and disability; and minimizing or eliminating federal and state tax liability. A Revocable Living Trust is usually recommended as the cornerstone of our clients’ estate plan. A fully funded Revocable Living Trust offers complete control to clients during their lifetime, provides for them and their loved ones in the event of their incapacity and on death allows them to pass their assets to their loved ones without the costs, delays and publicity associated with probate.We can teach you how to direct your assets using a variety of methods including:
Making use of the federal and state gift, estate, and generation-skipping tax exclusion to transfer assets
Trust Agreements (including A-B, Crummey, Gift, QPRTs, QDOTs, QTIPs, GRATs, Life Insurance, Spendthrift trusts and others)
Family Limited Partnerships
Charitable Remainder Trusts
Living trusts and life estates
Pre and Post-Nuptial Agreements
Business Succession and Liquidity Planning

Creating Your Estate Plan To achieve a client’s estate planning objectives, we have an Initial Conference to make recommendations based on a comprehensive review of an individual’s assets and general situation, and the personal goals of our clients. We will analyze your estate, including your business organization and financing structures and learn about you and your family. Next, we will help you define your estate planning objectives and provide you with the most effective means of achieving those objectives, including prudent tax planning and asset protection planning. For more complex estates, we will often schedule a second meeting to develop your customized estate plan, which may involve the use of Family Limited Partnerships and Charitable/Private Foundations.Several weeks following the Initial Conference, you will receive drafts of your estate plan documents. At this time, we will have a telephone conference to review your documents in detail, explaining what each document does for you and how your documents interact with each other. You will then make an appointment to have your “Signing Ceremony.” We will then assist you with a very important aspect of your estate planning, the “Funding Phase”, to ensure your estate plan works for you. The Funding Phase is the process of transferring assets to your Revocable Living Trust. Your most valuable assets, as determined by you in your estate plan, must be titled with the Trust’s name for the trust to afford any benefit to your family.

Simple Estate Planning
Preparation of simple Wills, Trusts and related documents
Living Wills and Healthcare Surrogates
Durable Powers of Attorney
Designation of Pre-Need Guardian
Deeds
Settlement of decedents’ estates
Probate and Estate Administration

Complex Estate Planning
Pre-mortem Estate Planning
Preparation and review of Wills, Revocable Living Trusts and related documents
Family Limited Partnerships
Gift Planning, including Irrevocable Insurance and other Trusts
Business Succession Planning
Charitable Planned Giving and Trusts
Estate Tax Planning
Postmortem Estate Planning
Preparation and review of federal and state estate tax returns
Review of postmortem elections
Generation-Skipping Transfer Tax Planning
Probate and Trust Administration

Business Succession Planning In addition to estate planning services, we offer business owners the following specific services:
Planning for management succession and asset conservation through multiple generations at a minimum tax cost
Assisting business owners in allocating benefits among their children regardless of their involvement in the business
Counseling on the short- and long-term estate implications of selling a business or restructuring it
Counseling on recapitalizations, gift programs and other techniques for shifting value during an owner’s lifetime or separating control from value
Developing and implementing exit strategies from the business for inactive family members
Planning for liquidity in the event of an owner’s death
Preparing buy/sell, restrictive stock and employment agreements
Structuring life insurance and benefit programs to minimize tax costs
The possibilities of documents used in your estate plan are endless, but you can be sure that every action taken is in your best interest. Numerous state and federal laws can also complicate the estate planning process. Yet, despite the complexities, we will take the time to help you understand how the various laws affect you and exactly how each document affects your estate.Our law firm provides for continuing legal education to assure that our clients are offered the most updated legal advice. More importantly, when your plan is completed, you can be confident that the people or charitable organizations you choose will actually benefit from your estate.

Divorces or the establishment of paternity mean life-altering changes for the whole family. Every couple’s situation is different, and every client has specific needs and concerns that must be met, and rights that require proper protection by our firm. Our clients need and deserve an experienced attorney who is cognizant of the financial and emotional impact of such litigation as well as the potential impact that custody, visitation, spousal and child support, and equitable distribution determinations will have on them and their children. Our firm’s goal is to assist you through this tumultuous time and transition into the next phase of your life. We will help you outline your goals, develop strategies and implement methods to achieve your objectives. We are cognizant of the fact that family law matters can be financially and emotionally draining. During the initial consultation, we will address legal fees and costs associated with your particular matter. The amount of time an attorney spends on your case is largely determined by your specific needs, the nature of your case and the opposing party. If necessary, our office can enlist the assistance of experts in other fields, including: mental health professionals, tax law, real estate and asset appraisals, business valuation and forensic accountants.We can aid you in child custody matters, including in complex jurisdictional issues presented in interstate and international matters, parental alienation, sexual and physical abuse of children, and relocation both domestically and internationally with children. We are committed to protecting your rights and serving the best interests of your children.Whenever possible, we strive to resolve cases before going to court to reduce the legal and emotional costs of domestic relations litigation. Often times, the court mandates that the parties mediate their case to try to resolve all issues before the final hearing. Successful mediation or settlement allows an acceptable result to be reached while saving both parties money in legal fees and court costs. Whether in settlement negotiations, mediations, or court proceedings, we will always work to make sure that you and your children receive satisfactory results at the conclusion of your case.