James Adams

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Worker’s Compensation

Types Of Work Injuries

Any job has the potential to cause an injury, whether you work in an office, a restaurant or on a construction site. If you are injured on the job, you are likely entitled to collect workers’ compensation benefits for your medical expenses and a portion of your lost wages.

We know that a work injury is stressful. You can rely on us for compassionate, knowledgeable representation throughout your case. We will help you with your workers’ comp claim, even if your claim has already been denied. James Adams has the experience to help with all claims, regardless of their complexity.

Some Of The Most Common Types Of Work Injuries

Repetitive tasks and muscle overuse can cause cumulative or repetitive trauma, while accidents can cause catastrophic injuries.

Some of the most common types of work injuries include:

•   Back injuries
•   Neck injuries
•   Shoulder injuries
•   Carpal tunnel syndrome
•   Head injuries
•   Spinal cord injuries
•   Fractures
•   Amputations
•   Burns
•   Mental or emotional conditions that result from the injuries

Additionally, we can represent surviving family members who lost loved ones to death from a work injury.

If your injury prevents you from returning to work, you may be entitled to vocational training and job placement benefits. If you cannot return to any job, you may be eligible for permanent total disability benefits. We will explain how that works if it applies to your case.

As an injured employee, you have the right to:

•   Seek benefits for a work-related accident or injury.
•   Seek benefits for a work-related illness.
•   Seek benefits without having to prove negligence on behalf of your employer.
•   Seek disability benefits if you cannot go back to work.
•   Receive income-tax free benefits.
•   Seek these benefits without retaliation.
•   Appeal any decisions made on your claim

Criminal Defense

Being charged with a crime can be overwhelming and intimidating but always remember that the state has the burden of proof. A criminal defender is not required to bring forth proof of innocence.

You may have been charged with one more of the following offenses:

•   Assault
•   Battery
•   Burglary
•   Domestic violence
•   Disorderly conduct
•   DWLSR
•   Violation of probation
•   Possession
•   Stalking

Each of these offenses, along with every other crime in Florida is fully described by a Florida statute. Which includes the elements of each offense.

For example, an “assault” is an intentional, unlawful threat by word or by act to do violence to another person coupled with the apparent ability to do so and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Sometimes the Police arrive after an event has taken place and people have cooled down. An officer may arrive with a pre-existing notion that an assault has occurred without knowing whether all elements of the offense can be proven. Assault chargers often arise as the result of two people shouting, swearing and threatening one another. They arrest sometimes on the basis of the statements by witnesses who may be friends or relatives of one of the parties and “on their side” sometimes it’s merely “he said-she said” situation.

The important thing to remember is that merely being charged with a crime does not mean that the defenders will be convicted of the crime.

Another common example is a DUI arrest. To prove a DUI the state must show that the defendant was driving or in actual physical control of an operable motor vehicle while:

The driver’s normal faculties are impaired; and or
The individuals BAC level is .08 or above

These things may seem obvious on the surface, but are not always easily proven. Sometimes the state cannot prove that a defendant was “driving or in actual physical control” until the defendant makes incriminating statements, or otherwise provides the state with evidence that would have never been discovered until the (often scared) driver voluntarily gives up the evidence.

Whenever you have been charged with criminal offense of any type, you owe it to yourself to contact an attorney.

DUI

316.193 Driving under the influence; penalties include: 1. By a fine of: a. Not less than $500 or more than $1,000 for a first conviction. b. Not less than $1,000 or more than $2,000 for a second conviction; and 2. By imprisonment for: a. Not more than 6 months for a first conviction. b. Not more than 9 months for a second conviction. 3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938. 4. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree 5. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department. 6. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree. 7. Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished: (a) By a fine of: 1. Not less than $1,000 or more than $2,000 for a first conviction. 2. Not less than $2,000 or more than $4,000 for a second conviction. 3. Not less than $4,000 for a third or subsequent conviction. (b) By imprisonment for: 1. Not more than 9 months for a first conviction. 2. Not more than 12 months for a second conviction.

DUI Subcategories

DUI Defenses

A DUI arrest can be a stressful experience. At the time of your arrest, the law enforcement officer may have conducted a series of tests in order to determine your blood alcohol content (BAC) level. Anything over .08 percent is considered illegal, and this percentage is usually determined by administering a chemical test, such as a blood, breath, or urine test.

I understand how hopeless your case can seem when this kind of incriminating evidence has been gathered by law enforcement to convict you. I have some good news: we can fight back for you.

When you choose to entrust your case to James Adams, you can rest easier knowing:

•   Mr. Adams has handled countless DUI cases
•   Mr. Adams does not take unnecessary risks with the outcome of your case.

If you were arrested for DUI, call James Adams today. Our legal team will work tirelessly to investigate your charges from every angle and use our findings to aggressively dismantle the case against you.

Possible Defenses To A DUI Charge

An arrest does not equal a conviction. You have the right to a fair trial, and our team will stand by your side and fight to defend your rights every step of the way. It is equally important to remember that police officers can make mistakes. In fact, it is possible that your charges can be dismissed entirely if one error that was made during your arrest.

Evidence of any of the following may be used in a defense to your charges:

Contesting the validity of the stop Whether you were actually seen driving before you were arrested Whether your blood alcohol (BAC) was rising Acid reflux (Also known as gastroesophageal reflux disease (GERD) Failure to properly preserve your blood sample No 15 minute observation waiting period prior to the breath test Unreliability of breath machine Officer credibility

Whether we manage to obtain a reduction or dismissal of the charges, you can be sure that when you entrust your DUI case to James Adams, we have your best interests in mind and we will relentlessly fight for you with every defense option available.

Common Questions About DUI

Is there enough evidence to prove their case?

One thing that is important to keep in mind when it comes to arguing possible defenses is that regardless of what actually happened, the prosecution has the burden of proving beyond a reasonable doubt that every element of the crime charged is established by the actual evidence. For example, if the prosecution cannot prove that you were driving, I can argue they have failed to meet their burden. Evidence that probably or more than likely proves your guilt is not proof beyond a reasonable doubt.

Were you arrested during a valid traffic stop?

If the officer did not have legal grounds for stopping or detaining you, any evidence obtained (for example, alcohol tests and incriminating statements) will be suppressed. This almost always results in the case being dismissed.

Is there proof that you were driving at the time of the stop?

If you were not behind the wheel of an operable motor vehicle when contacted by the officer, then regardless of what your level of intoxication was, the prosecution must prove that you were driving.

Can they prove you didn’t have any alcohol between the stop and the arrest?

There may have been a gap of time between when you were driving and when you were first contacted by an officer. If the prosecution cannot prove that you didn’t have anything to drink during that space of time, it may be difficult for them to prove what your level of intoxication or BAC was at the time you were driving.

Can they prove that the breath or blood test is reliable and accurate?

Testing breath to determine the amount of alcohol in a person’s blood is a very technical procedure. If the testing process is not done exactly right – and sometimes even if it is – the result can be unreliable or inaccurate. For example, the accuracy of the breath result can be dramatically affected by the equipment used, the maintenance of the equipment, the way the officer administered the test, the officer’s training, whether you were sick, on medication, or if you had recently drank, eaten, burped, coughed, or sneezed, just to name a few. Likewise, we force the prosecution to provide documentation proving that the blood sample was drawn properly, preserved properly, and tested properly. We scrutinize all the documents (often hundreds of pages) and look for any mistakes that may have been made, or indication that the result may be unreliable or inaccurate.

Do you have a rising blood alcohol defense?

It can take up to an hour and a half for alcohol to be processed into your blood stream. We may be able to argue that even though you were over the legal limit at the time you were tested, you may have been below the legal limit at the time you were actually driving. If you have a few drinks at a bar, drive three blocks home, and after an additional hour at home find yourself beginning to feel intoxicated, that does not mean you were under the influence when you driving home earlier.

Did you have an open container of alcohol in the vehicle?

Many people think that having an open container in the vehicle is bad for their case. However, while it may result in a ticket for an infraction and perhaps even cause the officer to suspect you of DUI, if properly argued the existence of an open alcohol container can provide a strong argument for a rising blood alcohol defense.

Were you read your Miranda Rights?

The officers are not required by law to read you your rights, but failure to do so could result in the exclusion of incriminating statements and therefore significantly help your case.

How was your performance on the field sobriety tests?

Regardless of how you actually did on these tests, the officer may put in the report that you failed them. However, there are numerous ways to attack field sobriety tests as a reliable method of determining impairment. Field sobriety tests are, at best, measurements of your balance and physical coordination, abilities that vary from person to person.

Therefore, an individual’s performance does not necessarily indicate that he is under the influence of alcohol or drugs. We have been able to discredit these tests time and time again by establishing that the instructions were improperly given, the individual could not perform them under any conditions, and by presenting numerous peer-reviewed studies that prove the unreliability of the tests.

Do you have any medical conditions that may have affected the breath results?

Certain conditions such as GERD, acid reflux, or heart burn, can cause false readings. Whether or not you are sick (the flu or a cold for example), diabetic, or use an inhaler for breathing-related issues is also significant.

DUI Penalties:

DUI charges are serious offenses and in the state of Florida, and they can result in harsh penalties.

If you were recently arrested for DUI, you could be facing the following penalties:

•   Driver’s license suspension
•   Expensive fines
•   Higher insurance rates
•   Ignition interlock device
•   DUI education program
•   Possible jail time

Why Hire James Adams?

In light of the harsh penalties of a DUI offense, it is absolutely essential that you retain the legal representation from aggressive and no-nonsense attorney James Adams as soon as possible. Doing so could affect your chances of obtaining a favorable case outcome. Do not make the mistake of thinking that your case is hopeless. Don’t unnecessarily risk losing your driving privileges and being subjected to other DUI penalties.

Defend yourself against DUI charges by hiring James Adams. We have helped many individuals who have found themselves in the same difficult situation. Our firm has become well-known for providing results-driven representation that is relentless and hard-hitting.

We approach each case as if it were heading for trial. If you hire us to represent you, you can be sure that we won’t treat you like just another case with an assigned case number. We pride ourselves in providing each of our client’s with the personalized and attentive service they deserve.

The DUI Process

Arrested? Get Attorney James Adams on Your Side

Being arrested for driving under the influence (DUI) can be a frightening and confusing experience. After a person has been booked at the police station and their release has been secured, the defense process begins. From setting up a DHSMV hearing to petitioning for an expungement, fighting a DUI is a multi-step process that must be handled by an experienced attorney to maximize one’s chances of securing a desirable outcome. Attorney James Adams can provide the results-driven advocacy you need to help you get through this difficult time, making sure your rights are protected every step of the way.

Let James Adams fight for your rights – request a free consultation today!

What Happens During the DUI Defense Process?

There are several phases associated with the post-arrest DUI process in Florida, including:

•   Setting up a DHSMV hearing
•   Obtaining discovery
•   The DHSMV hearing
•   Arraignment
•   Pretrial
•   Motions
•   Trial
•   Post-conviction

Having trusted advocacy during each of these steps is crucial to ensuring a person’s rights are protected at all times. If you are facing DUI charges, our firm can answer any questions you may have and can craft a strategy that is best suited to your specific situation, allowing us to counter the opposition’s claims at every turn and give you the edge in the courtroom.