Video Frequently Asked Questions

Accused of cheating in college? Top 3 tips from a defense attorney for students.

Students who are accused of cheating in college may feel pressured to try and resolve the issue quickly. Before doing that, read a defense attorney for students top 3 tips if you are accused of cheating. Be careful about what you say or write to uni… Read More

Accused of unauthorized collaboration in college? Defense tips from an attorney.

What is unauthorized collaboration? This is when a student works with another person or group without permission from the professor. What should a student do if accused of collaboration? Read your syllabus and think about what the professor told yo… Read More

What should a student do if they are accused of self-plagiarism in college? The answer from an attorney for students.

What is self-plagiarism? This is taking work that you have previously completed and turning it in to another class. Do I need to cite myself? Yes. If you use a portion of your previous work, you must cite yourself. Can I submit my old paper for a n… Read More

How to write a student disciplinary appeal. Tips from an appeal lawyer.

What is a student appeal? A student appeal is the last chance a student has at avoid sanctions from their college. An appeal asks university staff, usually a dean or provost to look at the situation one last time. How fast do I have to write and subm… Read More

What is a grade appeal? A lawyer for university students explains.

What is a grade appeal? When a student believes that they were not evaluated fairly by a professor, they can file a grade appeal or grade grievance. How long do I have to appeal the grade? Check your student handbook and search for the grade appeal… Read More

What is an academic integrity hearing? A defense lawyer for students answers.

Accused of an academic honor code violation and have to face a committee hearing? What should a student expect? A honor code committee hearing can be intimidating. The student will face a panel of students and professors who will decide if they are g… Read More

Should I bring an attorney as my adviser to an honor code hearing?

In a previous video I discussed what an academic integrity or honor code hearing is. In this video I am going to discuss the importance of bringing an adviser to the hearing. What is an adviser for academic integrity and honor code hearings? An advis… Read More

Is using a professors old course materials considered cheating?

You are in college there are pressures and you want to do the best you can. You are taking a course and talk to friends, maybe they had the professor last semester or you do online searches and find the professors old course materials. You then use t… Read More

What should a Florida teacher do if they face an investigation by the Department of Education?

What happens if a Florida teacher receives a letter from the Department of Education? If you received a letter from the DOE, chances are you have some idea what it is about. Most of the incidents originate at your district level. You may have been in… Read More

What should a Florida teacher do if accused of FSA or EOC test administration misconduct?

Florida teachers are often required to help administer FSA or EOC tests. Administering these tests can put a teacher at risk if they aren’t careful. What types of issues could cause a teacher to face accusations of test misconduct? Giving to… Read More

Can I raise ineffective assistance of counsel on appeal?

In a criminal matter, you can raise ineffective assistance of counsel on an appeal. However, there are specific procedures that come into place before you can do that. In a civil matter, you cannot raise ineffective assistance of counsel as a ground… Read More

Will I be required to testify at the appeal or be present during any of the appellate proceedings in Florida?

You are not required to testify as part of any appellate proceedings, and in fact, testimony is normally not taken. Likewise, you do not have to attend any appellate procedures as well. Your appellate attorney can handle everything. Read More

Who may attend an oral argument?

Generally, oral arguments are open to the public. Some clients want to attend the oral argument to get a better understanding of the process. Other times, they’re happy to let their appellate attorney handle the matter and have the attorney rep… Read More

Where can I find the rules that govern appeal?

Every court system has their own rules that govern appeals. For example, in Florida State Courts, those rules are found in the Florida Rules of Appellate Procedure. In the federal system, they’re found in the Federal Rules of Appellate Procedur… Read More

What possible outcomes can I expect in my civil matter?

Possible outcomes in a civil matter really depends on what you are appealing or what side you are on. For example, if you were the winner of a money judgment in the lower court and your adversary appealed that decision, if the appellate court affirme… Read More

What makes a strong appellate attorney?

A strong appellate attorney is an attorney who possesses excellent writing skills, researching skills, and analytical skills. In addition, a strong appellate attorney should be able to call through a tremendous amount of information and be able to di… Read More

What is the purpose of a special education due process hearing?

The purpose of a special education due process hearing is to get a resolution of whatever issue exists. For example, the issue could be the school is not following your child’s IEP, or they haven’t evaluated your child properly, or some o… Read More

What is the effect of denying certiorari by the U.S. Supreme Court?

If the U.S. Supreme Court denies certiorari, that means that the decision of the Court of Appeals is final. It doesn’t necessarily mean that the U.S. Supreme Court agree or disagreed with the Court of Appeals, but it does mean that the Court wi… Read More

What is the difference between a trial attorney and an appellate attorney in Florida?

The job of a trial attorney and an appellate attorney are two different things, and both require two different skill sets. For an example, a trial attorney needs to be able to think on their feet, needs to be able to cross-examine witnesses very effe… Read More

What is the difference between a petition for writ of habeas corpus and an appeal?

Generally, a writ of habeas corpus is a judicial mandate questioning whether or not somebody has been lawfully detained or improperly imprisoned. An appeal, on the other hand, is normally a petition to an appellate court seeking to overturn either a… Read More

What is the deadline for filing a 3.850 motion in Florida?

The deadline for filing a 3.850 motion in Florida is two years from the date the conviction became final. That date is usually either the day that the Appellate Division affirmed the lower court’s mandate, or if no appeal was taken, the last da… Read More

What is FERPA?

FERPA stands for the Family Educational Rights and Privacy Act. It’s a federal law designed to do two things. Number one, it protects student’s education records. Number two, it gives students access to their education records. Read More

What is due process in a school setting?

Due process in a school setting means a few different things. It means you’re innocent until proven guilty, you have to have notice of what you did wrong, and an opportunity to be heard. The United States Supreme Court has said that due process… Read More

What is an emotional support animal?

An emotional support animal is a companion animal that provides emotional support for somebody that has either a mental or psychiatric disability. An emotional support animal is a companion animal, it’s not a pet. Read More

What is a 3.850 motion in Florida?

A 3.850 motion in Florida refers to the Florida Rule of Criminal Procedure 3.850. There are several grounds that can be asserted, however, the most typical one is ineffective assistance of council. If you have this issue, it’s very important to… Read More

What is a 504 plan?

If your child does not qualify for an IEP plan, he or she may qualify for a 504 Plan. 504 refers to Section 504 of the Rehabilitation Act. It’s a federal law that prohibits discrimination based on a disability. Your child has to be treated just… Read More

What if my trial attorney says there are no good appellate issues?

While the opinion of your trial attorney is certainly important, you should consult with an appellate lawyer. Appellate lawyers are trained and are used to going through the record and spotting issues. They can give you a better understanding of wh… Read More

What if I have no objection to the facts, but feel I should have won a motion to suppress or dismiss? What should I do?

Even if you don’t have any objection to the facts, that doesn’t mean you still can’t appeal. It’s important to understand that, in most cases, an appellate court is not scrutinizing or weighing facts. They’re looking at… Read More

What does filing an appeal mean?

Filing an appeal means two different things. The first step in the appellate process is filing what’s called a notice of appeal. This is a document that’s filed in the lower court. After that, you then file your initial brief. That’… Read More

What documentation do I need to provide to have an emotional support animal/assistance animal in Florida?

To have an emotional support animal, the first thing you should do is make a request to your landlord or housing provider. The request should be in writing, and you should explain why the animal will mitigate or help reduce the symptoms of your disab… Read More

What can I do if a Florida breeder sold me a sick puppy?

Florida has what’s called a “Pet Lemon Law.” So, for an example, if you have a sick puppy, you would have 14 days from the date of purchase to return the dog for either illness, infectious or contagious disease. If you have been sol… Read More

Why students should be careful when connected to their schools Wi-Fi.

Beware of connecting to your schools internet. Here’s why. Several students have called me and were accused of cheating on an exam. All from different universities with a similar issue. The students excused themselves to go to the bathroom and… Read More

What are my chances at a success in an appeal?

Your chances for a success on an appeal depends on many different things. It depends on which side were you on, were you the winner or the loser in the lower court? It depends on the issue that you’re appealing, the specific facts of your case,… Read More

Bought a paper or assignment online and got caught? Advice from a lawyer for students.

College is stressful, and students can fall behind in their work. The pressure to keep their grades up can cause students to turn to websites that claim, “pay us and we will write you a 100% original paper, guaranteed.” However, the guarantee is… Read More

If the school district is not following my child’s IEP or the IEP is not working, what can I do?

If a school district is not following your child’s IEP or it’s not working, the first thing you should do is request an IEP meeting. This can be done through either the district’s special education coordinator or the school’s… Read More

If my child has special needs or is in special education, what rights do I have with the school district?

Your child has a right to a free and appropriate public education. They also have the right to be educated in the least restrictive environment. That means if your child has special needs, he or she has the right to be educated with students who do n… Read More

Caught with drugs or paraphernalia in school? Advice from a lawyer for students.

Using of vape pens and bringing edibles to school is gaining in popularity among students. Schools have responded with a zero tolerance policy if a student is caught with possession of a drug, drug paraphernalia, or if they distribute of drugs. Even… Read More

If my child brings a backpack to school in Florida, can it be searched?

In 1985, the United States Supreme Court ruled that schools can conduct searches so long as there is a reasonable suspicion that a crime either has been committed, is in the process of being committed, or some school rule has been violated. That sear… Read More

Accused of forging a Doctor's note, sign-in or internship log in college?

I was charged with falsifying or forging class records. What does that mean? It could mean you are accused of one of the following: Helping your friend out and signing them into class or lab. Playing as your friend in a class polling assignment for… Read More

If I win on appeal, will I be freed from prison?

If you win on appeal, you will not necessarily be freed from prison. The more likely scenario is if you win on appeal, your case will go back to the lower court to be retried, or sometimes that the issue is whether or not your sentence was proper. So… Read More

Should I bring an attorney to a university disciplinary hearing?

I often get the question: Should I bring a lawyer to a disciplinary hearing in college? My recommendation – Yes. Public schools allow advisers who are attorneys to attend disciplinary hearings with the accused student. Private schools are all… Read More

If I think my child has special needs and he is not in special education, what rights do I have with the school district?

If you think your child has special needs, the first thing you should do is contact the district’s special ed coordinator or the school’s principal, and request that your child be evaluated under the IDEA. Read More

If a college or graduate school files academic or disciplinary charges against a student, does that student need an attorney?

A student is not required to have an attorney if academic or disciplinary charges have been filed against them. However, having an experienced Education and School Law Attorney is recommended. The reason being is that because many times these policie… Read More

If a college graduate or doctoral student is dismissed from school, what legal options do they have?

There may be several legal options available depending upon whether or not the school is a public school or a private school. Most schools have some sort of internal appeal process. That process should be exhausted. If it is a public school, you also… Read More

I lost my direct appeal in the lower court. I want to appeal to the U.S. Supreme Court. Do I have that right?

Not every case can be appealed to the United States Supreme Court. Generally, cases have to deal with either a Federal issue or involve some sort of Federal law. The Supreme Court will then read the petitions, if you meet certain requirements, and de… Read More

I have always had a clearly posted no pets policy at my establishment. Do I still have to allow service animals in?

Yes, you do and the reason is because a service animal is not a pet. So while you don’t have to completely abandon your no pets policy, you do have to make exceptions for service animals. Read More

How much time do I have to file a notice of appeal in Florida?

In Florida, you have 30 days from the date that the lower court issues the order which you’re appealing from to file what’s called a Notice of Appeal in a lower tribunal. Read More

How do I know whether I have a good appeal?

Whether or not you have a good appeal or a good chance on appeal really depends on several things. It depends on the issue in which you’re appealing from. It depends on whether or not you were the winner or loser in the lower court. It depends… Read More

Does the Fair Housing Act FHA apply to all housing?

The Fair Housing Act does apply to most housing including condominiums, apartments, and homes for rent. There are some major exceptions, so you should consult with an attorney who can advise you specifically of what those exceptions are. Read More

Does it matter for appellate purposes whether my case was tried in state or federal court?

Yes, it does matter for appellate purposes whether or not your case was tried in state or federal court. The reason is because each of those two court systems have different rules. While the rules may be similar, there are major differences. So you s… Read More

Accused of cheating on the SAT or ACT? Advice from a lawyer.

What happens when you or your child is accused of cheating on the SAT or ACT? There are usually a couple of ways this happens. In the middle of the test, the proctor comes over and believes cheating was occurring. Either they are looking at anothe… Read More

Does an emotional support animal need specialized training in Florida?

Emotional support animals do not need specialized training. Neither the Fair Housing Act, nor Section 504 of the Rehabilitation Act requires any specialized training for an emotional support animal. Read More

Tips for fighting a suspension or expulsion from a K-12 school from a lawyer for students.

My child is facing a long-term suspension or expulsion from school. What should I do? Students of all ages make mistakes. Elementary, middle and high school students can be suspended or expelled for several reasons. If a student is suspended for more… Read More

Does an appellate court in Florida hear witnesses to testify?

An appellate court does not hear witnesses testifying. All witness testimony comes from the record. In the case of testimony, that’s usually in the form of transcripts. Read More

Does a Florida tenant have to pay for damage done by his or her emotional support animal/assistance animal?

If it’s the policy of the landlord or housing provider to charge the tenants for more than reasonable wear and tear, then, yes. The person would be responsible to pay for damages for the emotional support animal. The key is that that individual… Read More

Caught changing research results or data in college? Tips from a defense lawyer for students.

I am being charged with cheating because I falsified my data and research results. If you conduct research, run statistics, or record data in other ways, you cannot change the results. If you do change your results, you could be charged with cheati… Read More

Do I have to retain the trial attorney as part of the appellate team?

You do not have to retain your trial attorney’s part of the appellate team in Florida. The reason is is because in the appeal, we have a full record of what happened in the lower court, including a transcript which includes everything that your… Read More

Accused of cheating on the FTCE? Defense tips from a lawyer for teachers.

The Florida Department of Education is accusing you of cheating on a teaching certification exam. What should you do? Read on for advice from a attorney for teachers. Can you cheat on the FTCE? The testing environment that gives all of the FTCE is eq… Read More

Do all Florida attorneys handle appeals?

While all attorneys have the ability to handle appeals, not all lawyers do that. A Florida Appeals Attorney really is a specialized area of the law and many times requires a specialized set of skills that are different from, let’s say, a trial… Read More

Denied A Teaching Certification In Florida? Tips from a lawyer for teachers.

The Florida Department of Education denied your application for a teaching certificate. It could for several reasons. Missing college classes, required experience, a past criminal issue, or a teaching certification problem in another state can cause… Read More

Can the landlord charge me a pet/security deposit for my emotional support animal/assistance animal?

Based on statements from HUD, it appears that a Florida landlord cannot charge a pet fee or a pet deposit for an emotional support animal, the reason being is because an emotional support animal is not considered a pet. Read More

Can new evidence be heard at my appellate hearing in Florida?

Generally, new evidence will not be heard or considered as part of your appellate process. The appellate court in Florida is bound by something called “the record.” The record is exactly that, a record of everything that occurred at the l… Read More

Can my child’s conversations at home on the phone or computer with friends lead to discipline at a Florida school?

Whether or not your child’s conversations at home, whether on a telephone or a computer, can lead to disciplinary action at school, really depends on the facts. For example, if a child is having a conversation about bullying or harming another… Read More

Can my child pray at a public school in Florida?

Your child can individually pray at a Florida public school so long as the prayer is not coercive or doesn’t disrupt the school. For example, your child can say a blessing before his or her meal at lunch, however, the school cannot sponsor or b… Read More

Can my child be suspended from a Florida public school without a hearing?

Whether or not your child could be suspended from a public school in the State of Florida without a hearing depends on the nature of the suspension. If the suspension is for less than 10 days then the child has a right to be heard, but not necessaril… Read More

Can I sue a school in Florida for violating FERPA?

Unfortunately, the United States Supreme Court has ruled that students do not have a private action under FERPA. However, you may have an action under Florida state law. For instance, there could be privacy violations or perhaps a negligence claim th… Read More

Can I speak at Florida school board meetings?

Generally, yes, you can speak at school board meetings in the State of Florida. In accordance with Florida’s Sunshine Law, school board meetings are open to the public except for some contract negotiations. You should consult with your local sc… Read More

Can civil cases be appealed in Florida?

Yes, civil cases, just like criminal cases, can be appealed in Florida. Read More

Can any attorney argue a case before the U.S. Supreme Court?

Not every attorney can argue a case before the U.S. Supreme Court. You have to be a member of the Supreme Court Bar Association, and there are specific requirements to be admitted as a member of the U.S. Supreme Court Bar. Read More

Can animals besides cats and dogs act as emotional support animals/assistance animals in Florida?

Yes, animals, besides cats and dogs, can act as emotional support animals in the State of Florida. There actually have been cases that have dealt with the question of whether an miniature horse can be an emotional support animal, and even a guinea pi… Read More

Can a teacher lead a prayer at a Florida public school?

It is unconstitutional for a teacher to pray with or pray in the presence of students at a public school in Florida. Due to the unique nature of a public school teacher, they’re considered government employees and any prayer by such an employee… Read More

Can a person have more than one service or emotional support animal in Florida?

There’s no rule or case law that says a person cannot have more than one emotional support animal in Florida. The criteria would be the same. You would have to show that you have a disability in which the emotional support animal mitigates or h… Read More

Can a Florida landlord or housing provider delay granting my request for an emotional support animal/assistance animal?

HUD says that a Florida landlord or a housing provider cannot unreasonably delay your request for an emotional support animal. Unfortunately, reasonable delay has not been defined. But the answer is no, that they cannot delay it. You can learn more i… Read More

Can a Florida landlord or housing provider ban my emotional animal/assistance animal based on breed?

According to the Office of Housing and Urban Development, a Florida landlord cannot ban your specific animal based on breed, size, weight, or other factors. The only thing they can do is limit your specific animal if your animal has specific tendenci… Read More

Accused of cheating by gaining an academic advantage? Defense tips from a lawyer for students.

What is considered gaining an academic advantage? Most colleges believe that any action that puts you in a better position than other students is gaining an academic advantage. This means that some of the following could fall under this category: Be… Read More

Can a Florida landlord or housing provider ask details about my disability?

A Florida landlord or a housing provider cannot ask you details about your disability. They may, however, ask you questions about the nature of your disability and why you need the animal. But they cannot ask you specific questions related to the dis… Read More

Caught cheating in school. Should you try to defend your actions? An attorney for students answers.

You were caught cheating red handed. Your teacher saw you copying answers on an exam or cheating in another way. Should you try to defend yourself? Yes. Here is why. Should I just admit to cheating and accept the punishment? That depends on your univ… Read More

As a teacher in Florida, what can I do if my principal does not like me and gives me an unsatisfactory evaluation?

In Florida, teacher evaluations are based on a specific rubric. Therefore, your principal’s personal opinion of you should have nothing to do with your evaluation. If you receive a bad evaluation, and if you believe it’s due to your princ… Read More

As a Florida school district employee, how should I respond to a negative evaluation?

As a Florida school district employee, if you receive a negative evaluation, you should respond in writing as it will become part of your personnel file. You also have the right to request a certain amount of designated reviews. You should consult y… Read More

Are there appeals in Florida arbitration?

There are appeals in Florida arbitration. The first step in the process is you would file an action in the Circuit Court. If you’re not happy with that decision, you then can take an appeal to the appellate division. However, the circumstances… Read More

Accused of cheating or plagiarism after graduating? Can your university rescind your degree? The answer from a defense attorney for students.

Universities take plagiarism very serious. Students work hard to earn their degree and conferral is celebrated. However, can your university rescind your degree if they find out you cheated or plagiarized? I graduated and have been working in the fie… Read More

Are Florida animal cases done on contingency?

Florida animal law cases are normally not handled on contingency. The reason being is because damages in these cases are usually limited. They’re limited to things like veterinary care, possibly ongoing care of the animal. So because your damag… Read More

Accused of cheating after taking a make-up exam? Tips from a defense lawyer for students.

Students miss exams or paper deadlines for many reasons: illness, family emergencies, and other unexpected issues can arise. Most professors are understanding and will work with a student if they keep them informed. However, what can happen if after… Read More

Am I required to have a lawyer for an appeal in the State of Florida?

You’re not required to have a lawyer to file your appeal in Florida. However, you should understand that if you do represent yourself, the court is going to hold you to the same standards and professionalism as an attorney would be held. Read More

Am I entitled to due process in a Florida private school?

Generally, you are not entitled to due process in a Florida private school. The reason being is because private schools do not have to follow the Constitution. That being said, most private schools have a handbook that contains policies and procedur… Read More

What happens at a university student hearing? A defense lawyer for students answers.

What happens at a university committee hearing? Students will face a panel of faculty, staff, and other students. They will be asked questions and will have the opportunity to present their side of the story. Top two mistakes students make in acade… Read More

Accused of selling or trading old course material online? Defense tips from a lawyer for students.

I would like to talk to you about websites or other services that offer you money or free tutoring in exchange for you uploading old course materials. Whether it is notes, assignments, old tests or quizzes. Is this considered a violation of you univ… Read More

Tips from a lawyer for writing a winning student appeal.

In this video, I would like to talk to you about student appeals. In particular, the appeal of discipline stemming from an academic violation. What is a student appeal? A student appeal is the final chance to overturn a sanction at college like sus… Read More

Why is your student handbook important?

Why is it important for students facing an academic integrity charge to know their student handbook? When a student is facing an accusation like cheating, plagiarism, or other honor code violation, the handbook contains the procedures the student wil… Read More

Can you be accused of cheating or plagiarism if another student borrows your computer?

Your friend or roommate’s computer is not working and they have an assignment due. They ask to borrow your computer and you agree. They submit their assignment and thank you for your help. A few days later you receive a notification from the ac… Read More

Can a student get in trouble if they give old class materials to a friend?

I gave my old course materials to a friend. Can I get in trouble? The quick answer – Yes. Depending on what your friend does with your work, you could face a number of honor code violations in school. Cheating – If you friend uses your o… Read More

What can happen if a student gets caught turning in purchased assignments or papers?

What is Contract Cheating? When you pay someone or a company to complete an assignment or write a paper for you. You then submit this work as your own. If my assignment or paper is 100% original, how could I get caught? Many companies and individua… Read More

Accused of cheating after giving someone else your online login for a course? Tips from a lawyer.

Most colleges and universities utilize an online portal. Students can logon to check their grades, get your syllabus, submit assignments, and take tests. What happens if a student gives someone else the login information for their school account? You… Read More

Can a university withhold your transcripts? The answer from a defense lawyer for students.

You work hard, put the time in, and make good grades. Maybe you decide you want to transfer to another college, or maybe you graduated and want a copy of your final official transcripts. You submit the request and are told no by your university. Ther… Read More

What should you do if you are under investigation for a Title IX violation? A lawyer answers.

Another student accused me of a Title IX violation. What should I do? The first step is an investigation. The Title IX coordinator at your university will notify everyone involved. This includes both the person who is making the allegation and the pe… Read More

What happens at a Title IX hearing? A disciplinary defense attorney for students answers.

Still in the Title IX investigation process? Click here. What happens at a Title IX hearing? You will face a committee composed of several individuals. Typically, other students, staff, and faculty will be present. The evidence that was gathered duri… Read More

Can a student be suspended or expelled for something that happened off-campus? A lawyer answers.

Selling drugs, bringing a knife, a gun, or other weapon, as well as fighting on a school campus, can lead to a suspension or expulsion. However, many students may not realize that their behavior off-campus can lead to a suspension or expulsion too. C… Read More

What happens when your SAT score is under review? A defense lawyer for students answers.

Click here for a full blog post on what can happen if your SAT score is under review. If your score is marked “under review” by College Board, you have four options. In this video, I talk about just one of the four – sending documen… Read More

What should you do if your ACT score is flagged for irregularities? A defense lawyer for students answers.

What happens if I receive a letter that my ACT score is under review? You have three options: Cancel your ACT score Retest and score within a few points of the ACT score in question to validate. Send documentation and appeal to establish validity of… Read More

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