Law Office of Matthew Konecky - June 2021

Law Office of Matthew Konecky - June 2021

THE KONECKY

JOURNAL

561.671.5995 | 954.272.6187 | www.matthewkoneckypa.com 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301 4440 PGA Blvd., Suite 204, Palm Beach Gardens, FL 33410

JUNE 2021

MOVING FORWARD

B y the time you read this, close to 50% of the population will be vaccinated — and I’m relieved to be one of them! Summer is certainly looking safer and brighter this year, as people are ready to move on from the dark cloud of the pandemic. They want a return to normalcy, or as close to

that way until we start seeing better numbers in terms of infection rates. While the pandemic is still “here,” and you’ll see those masks around, fewer people will accept the pandemic as an excuse for delays in everything — and that includes the courts.

Here at our office, we’ve already been moving full-force even during the pandemic. The courts may have slowed down for a time, but we certainly didn’t (at least, not by much). And now with the courts ramping up, it means we’ll be doubling-down. A lot of people will be playing catch-up over the next several months and probably into the next year.

normalcy as they can get. More people will be out enjoying the things they’ve missed. As Florida works to open back up to a pre-pandemic state of living, it also means the courts are opening back up right alongside everything else. The Florida Supreme Court has already ended courthouse closures, and they’re getting back on track in order to reach capacity. While they still have a ways to go, things are quickly picking up steam.

With more things open and more people out, I’ve definitely seen an increase in arrests and accidents. While these incidents were down a year ago, I certainly predict a different outcome this summer. This summer, I expect to stay busy. Finally, the waiting game is over as we move into a post- pandemic Florida. I’m fascinated to see more trials getting on the books. Cases that have been stalled for months, if not longer, will start seeing resolutions — or, get a lot closer to a resolution. While there are still some unknowns as we enter summer of 2021, we can all expect that life is going to move at faster pace than it did last year.

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There are still many safety concerns, but we’re seeing more jury trials as well. I’ve talked to various colleagues who have noticed that jurors are almost eager to be a part of a jury panel (which is a change from the past). I think a big part of it is that sense of normalcy returning. With so many jury trials put on hold, being summoned to participate on a jury is a sign that, yes, things are getting back to normal, and it’s a refreshing feeling.

In the coming months, masks will continue to be worn in certain public places, like courthouses. I imagine it will stay

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DIY OR BUY? Lawn Games for Family Summer Fun

Buy: Check out the kid-friendly rubber horseshoe set from Wayfair.com, which requires no installation, can be used indoors or alongside your outdoor game, and is safe for younger children.

The warm summer sun may be enough to beckon your family outdoors, but lawn games will guarantee hours of fun outside. If you’re handy, there are plenty of great lawn games you can make yourself. If not, buy an off- the-shelf alternative and enjoy the easy setup. Giant Jenga: Easy DIY All you need to build a giant Jenga tower are two-by-fours that are cut to length. If you’re handy with a saw, you can do this at home. If not, ask to have the wood cut at your local lumberyard. Be sure to sand down the edges before stacking the boards to create a classic Jenga tower! For extra fun, pick a few paint colors and paint each board. Visit ABeautifulMess. com/make-this-giant-jenga to see a complete set of instructions.

Cornhole: Advanced DIY The humble beanbag may be the most versatile backyard game piece. It’s used in the popular game commonly known as cornhole. To build your own cornhole set, you’ll need a couple of sheets of 1/2-inch-thick plywood along with two-by-fours, some hardware, and a variety of tools including a drill, jigsaw, and sander. Visit DIYPete.com/cornhole-board-plans to get both written and video instructions. Buy: Ready to play ASAP? Cornhole sets are available from many large retailers around summertime, or you can order a customized set featuring your favorite team, family name, or characters from your favorite movies by looking at Etsy.com.

Buy: Skip the project and buy GoSports Giant Wooden Toppling Tower online, which retails for about $70 and stacks over 5 feet high.

“Treated my brother and me and our case with the utmost respect and urgency. Used every available resource to make sure our case was solid and well structured. HIGHLY RECOMMEND. Can’t say enough good things about the law firm as a whole!” –Alexander W. AMESSAGE FROM THE FAITHFUL Classic Horseshoes: Intermediate DIY Tossing horseshoes is a great way to pass an afternoon. To play, you’ll just need to set up two sand pits in your yard. Get a handful of horseshoes, and you’re ready to go! Many DIY plans are available online, including one from HousefulOfHandmade.com/ultimate-diy- horseshoe-pit.

Whether you buy or DIY, remember to have fun and always supervise your children while playing outdoors, especially when it comes to yard games!

Download these books today ! When it comes to the legal process, you may have a lot of questions. Well, I have answers! Right now, I am offering my two resource books for free. YOUR LEGALRESOURCE

“My Loved One Has Been Arrested” The second edition of my first book is now available for download. Inside the second edition, you will find out what happens after your case, how to remove mugshots, and what to do if you were the one arrested. If you want a physical copy, please contact our office today. “What You Must Know About Your DUI Case” Being convicted of a DUI charge can drastically change your life. Learn what goes into a DUI case and what your first step should be. Head over to MatthewKoneckyPA.com today for your FREE downloads!

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JUDGES, ARRAIGNMENTS, AND THROWING OUT CASES The Facts of the Matter T here’s a common question among individuals who are facing arraignment: Will the judge throw out my case? It’s a misconception that judges look at cases during arraignment and make a determination to throw it out if they don’t think it should progress further. It’s not that simple. Procedures still need to be followed.

not be from a judge, either. It can be nolle pros or a state dismissal. Under Florida Rules of Criminal Procedure 3.190(c) there are four different ways a case can be dismissed before the trial: • The defendant is charged with an offense for which the defendant has been pardoned. • The defendant is charged with an offense for which the defendant previously has been placed in jeopardy. • The defendant is charged with an offense for which the defendant previously has been granted immunity. • There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant. The facts on which the motion is based should be alleged specifically and the motion sworn to. The most common reason a case is dismissed is the last point, but it isn’t necessarily an easy thing to achieve. For instance, a defendant who is unrepresented by counsel is unlikely to have the insight they need to file a motion under this rule (and to do so correctly). This is something the defendant needs to discuss with an experienced criminal defense attorney. Most cases are not eligible for dismissal, but as the facts of the matter are presented to your attorney, reasoning may be found.

At an arraignment (whether in-person or virtual), according to Florida rules of Criminal Procedure 3.160, the state representatives (the judge, clerk, or prosecuting attorney) read the charges, then the defendant will plead guilty or not guilty. The judge won’t look at the evidence to determine if the state has enough to move forward (this would have been done at first appearance). So, unless there is an evidentiary issue, the judge is unlikely to look at the facts of your case until the trial itself.

Now, individuals typically have cases dismissed during the pretrial phase, if dismissal is warranted. This dismissal may

MEME CORNER

Cooking With Ashley

Iced Green Tea, 2 Ways

Nothing says summer like a glass of iced tea. Enjoy these two twists on a classic summer soother.

Ingredients

• •

2 tbsp loose-leaf green tea 4 cups filtered water, divided

•

1 tbsp whole coriander seeds

Option 2: Ginger Mint •

Option 1: Rose and Coriander • 1 tbsp dried rose petals

1 handful fresh mint leaves

•

1 inch fresh ginger, cut into coins

Directions

For Rose and Coriander Tea: 1. In a large pitcher, place green tea, rose petals, and coriander seeds. 2. Bring 1/2 cup water to just below boiling. 3. Pour hot water over tea leaves, petals, and seeds. Let steep for 10 seconds, then add the remaining 3 1/2 cups water. 4. Refrigerate 4–8 hours until tea reaches your desired strength. Strain and serve over ice. For Ginger Mint Tea: Follow the instructions above, substituting the mint leaves and ginger coins for the rose petals and coriander seeds.

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Inspired by 101Cookbooks.com

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561.671.5995 | 954.272.6187 www.matthewkoneckypa.com 4440 PGA Blvd., Suite 204 Palm Beach Gardens, FL 33410

INSIDE

page 1

Is It Time to Move On?

page 2 page 2

DIY or Buy: Summer Lawn Games Our Clients Say It Best!

page 3 page 3

Is Getting Your Case Thrown Out Really That Easy? Iced Green Tea, 2 Ways

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Are ‘Resort Bubbles’ Safe?

Are ‘Resort Bubbles’ Safe?

What You Need to Know Before Booking Your Tropical Trip

As vaccination numbers continue to climb and experts gain a better understanding of COVID-19, more industries are adapting. Tropical resorts in Hawaii and the Bahamas

(Some resorts set the price of lodging so that if test results are positive, then the required flight home is part of the original cost, so it’s already paid for.) Other resorts require visitors to wear tracking bracelets for 72 hours upon arrival and a negative test result. After 72 hours and a second negative test, the guest is then permitted to leave the hotel grounds. This allows the hotel chain to track potential COVID-19 cases. These resort bubbles offer a potentially safe alternative for travel, but they don’t come without risks. A traveler could potentially contract COVID-19 while en route to the destination, and resorts that allow guests to leave the premises risk exposure. Furthermore, these precautions may not be 100% effective. However, if you are vaccinated, have COVID-19 antibodies, or feel safe to travel, resort bubbles offer a travel alternative that can be safer than traditional vacation stays. Perhaps no industry was hit harder during the COVID-19 pandemic than the travel and hospitality industry, but with the addition of resort bubbles, the travel industry looks to return to a new normal.

have started to host visitors in “resort bubbles,” requiring travelers to complete a series of tests before full admittance.

But are these travel options safe? That depends on your comfort level and a resort’s adherence to the rules. According to Forbes, each resort that offers this travel package may have different rules, but the gist of each experience is the same. Each resort still requires masks, unless the visitor is in their room, dining, drinking, sitting at the beach or pool, or swimming.

Then, at check-in, sanitation and temperature checks are required. After the checks, tourists are directed to an on-site clinic, where nurses ask a few questions and perform a rapid COVID-19 test. Guests are then sent to their rooms, where they must await the results. If the test comes back negative, the tourist will receive a key card and can commence with their vacation.

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