Blog

Self-Defense or Justifiable Homicide

Cases involving self-defense are extremely fact-specific. In other words, every case is different. There are some general rules that do apply, however. First, it is generally a bad idea to argue the merits of your case to investigators. Eyewitness testimony is often absent, or unreliable. The results of forensic testing will not be available for weeks. Many times the decision to make an arrest is a direct consequence of a suspect's statement. Say the wrong thing, or lie, and you go to jail.

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No Money, Mo’Taxes

What is income? This question has persisted from the inception of the federal income tax code. Courts have defined income as "an accession to wealth, by any means whatever." Section 61 of the income tax code provides many examples of income, including wages, salary, and commissions. It also references something called "discharge of indebtedness." This concept has taken on many other names, including "cancellation of debt," "debt forgiveness,” and even "phantom income."

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Silence is Golden

Everyone knows that innocent people have nothing to hide. If a suspect will not talk to the police, he must be guilty. This is conventional wisdom, but it is absolutely wrong. In my opinion, it is always risky to consent to an interview with police investigators without an attorney present. It doesn't matter whether you're guilty or innocent.

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Deductions for Dry Wall

To compound the woes of the real estate market, a product known as Chinese drywall appeared during the real estate boom. Chemicals within the drywall proved corrosive to copper pipes and wiring within the wall cavities. In order to remedy this situation, all of the drywall had to be removed from the interior walls and the wiring and plumbing replaced.

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DUI – You Don’t Have To Be Drunk And You Don’t Have To Be Driving

I tried my first DUI case in 1981. At that time, there were two separate offenses dealing with driving while intoxicated. One was DUI, or driving under the influence of alcohol to the extent one’s normal faculties are impaired. The other was DUBAL, or driving with an unlawful blood-alcohol level. One could accumulate three DUI convictions before exposure to mandatory jail time.

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A Loophole for Homeowners?

It is often assumed that only wealthy people need worry about the taxation of capital gains. A capital gain, or loss, results from the sale of a capital asset, such as shares of stock. But, a home, farm, or condominium is also a capital asset. The sale of such property can lead to unintended tax consequences. Fortunately for homeowners, Congress has provided a $250,000 exemption from taxation for the sale of a principal residence. Sometimes, however, this exemption is not substantial enough to avoid a tax liability.

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  • Certificates
  • Quick Facts

    - Three decades of trial experience - many high-profile cases
    - Deputy public defender, Panama City, Florida, 1992 to 2011
    - Member, American Bar Association
    - Walter has tried over 250 cases before juries in 12 different counties within the State of Florida, including over 100 homicide cases and two dozen death penalty cases.
    - AV rated pre-eminent attorney by Martindale Hubbell
    - Founder of nonprofit organization that has supported skate parks and youth boxing in the Panama City community
    - Member, Florida Association of Criminal Defense Lawyers