Frequently Asked Questions

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GENERAL INFORMATION

Do you charge a fee for an initial consultation?

Because every situation is unique, whether we charge for an initial consultation depends on if we need to set aside time to review materials that you send in or if we need to do any prep work for the consultation. Certain matters are more fact intensive and require a consultation fee. Others do not.

What is your firm’s hourly rate?

Again, it depends on the type of case and complexity of the issues. Once you decide to retain our firm, we discuss all rates and fees with our clients. Experience shows that the lawyer and client relationship is enhanced when there is a clear understanding of the financial arrangements at the beginning of the relationship. In that regard, we consider our billing information to be important both to the lawyers and to the clients.

Do you offer alternative fee arrangements?

Yes. We can tailor a plan dependent on your type of case. We offer hourly rates, which are invoiced monthly, flat fees for some services and we do take some matters on a contingency fee basis. Once we have determined what your legal needs are, and you have decided to retain us, we would be in a better position to determine which fee arrangement best fits your case.

How do you decide whether to take a case?

We look at each case individually as it comes in, as a partnership. That is, both attorneys in the firm give consideration to all of the cases that come through our doors. If we believe that we can be of service to you, we will take the case. Sometime, if we are unable to help you, we know of other lawyers who can help, and we will refer you to them.

How can I get more information about Snyder Law Group?

Aside from the information contained in our website, you can also obtain information by contacting our office at (941) 758-7666 or emailing us at info@snyderlawgroup.com. You may also send us a fax to (941) 727-9006. It would be our pleasure to assist you.

CONSTRUCTION LAw

What is a Notice to Owner?  

It is a document that puts a homeowner on notice that a subcontractor or supplier is providing labor, services, and/or materials for the benefit of real property they own.

What is a Claim of Lien?

A Claim of Lien is a security interest in real property, much like a mortgage. A properly perfected Claim of Lien ensures that a contractor, subcontractor, or material supplier will be paid for the services and/or materials it provided. 

How do I put a Claim of Lien on a person’s property when I haven’t been paid?

Florida’s Construction Lien Laws can be found at Chapter 713 of the Florida statutes. Since placing a lien on someone’s real property is an extraordinary remedy, procedural requirements must be strictly adhered to. If you have not been paid for services and/or materials you provided on a job, we recommend that you contact us immediately. Too often, we meet a contractor, subcontractor, or material supplier who tried to do it himself or herself and as a result, have lost any right they may have had to a Claim of Lien. As the lien laws are time sensitive, we encourage all contractors, subcontractors, and material suppliers to contact us as soon as they start work on a job.

Why do I need a lawyer when I can do it myself or buy a form at a local office supply store? 

Unless you are thoroughly versed in the Florida Construction Lien Laws, we strongly recommend that you contact us first before doing anything on your own. Buying a form at the local office supply store is the worst thing you can do.  When you are owed money, do not place your hopes of repayment on a $10 form.  The Construction Lien Laws were created to protect contractors, subcontractors, and material suppliers. However, in order to benefit from these laws, you absolutely have to follow all procedural requirements. At a minimum, contact your local building association and ask them what you should do.

I lost my right to a Claim of Lien, can I still get paid?  

Yes. There are other legal remedies for the contractor, subcontractor, or material supplier who has not been paid on a job. 

How do I get a Claim of Lien off my property?

A Claim of Lien expires 1 year after it is filed. The 1-year time period may be shortened by filing a Notice of Contest of Lien, which shortens the lien enforcement period to 60 days. Additionally, a homeowner may transfer the lien to a bond, which will clear the title to the real property affected. 

CORPORATIONS, LLC's

Why should I hire an attorney to set up my corporation or LLC when I can do it myself on the internet?

When you type in “Florida corporation” or “Florida LLC” in Google, numerous websites pop up that state they can set up your company for as little as $99.  Most of these internet sites are not based in Florida. Accordingly, they are not familiar with Florida law and who knows what you are getting for your $99. Although some internet sites can set up your company with the state, they do not provide assistance with the IRS.  After setting up a corporation or LLC, you must obtain an Employer Identification Number (EIN) from the IRS.  Further, the IRS offers certain tax benefits to new companies, but they must be applied for in a timely manner. When we set up your corporation or LLC, we file all necessary forms to ensure you are in compliance with state and federal laws as well as obtaining all of the tax benefits available from the IRS.

What is an EIN?  

EIN stands for Employer Identification Number. It is also known as a federal tax identification number. It is used to identify a business entity, similar to a social security number. Generally, businesses need an EIN.

What is a registered agent and do I need one for my corporation or LLC?

A registered agent is a designated person or entity that accepts service of process (i.e. lawsuits, official documents, government notice) on behalf of a corporation or LLC. Under Florida law, every corporation or LLC is required to have one.  

Should I set up a corporation or LLC? 

Depends on your situation. Corporations and LLC’s are similar in many aspects.  However, each entity affords different types of individual protection and tax benefits. At the Snyder Law Group, we work closely with each of our clients to ensure the proper entity is selected. Our main objective is to insure every client is personally protected and that every tax benefit the IRS offers is utilized.

What is an S Corporation? 

An entity can avoid double taxation (once to the shareholders and again to the corporation) by electing to be treated as an S corporation. Generally, an S corporation is exempt from federal income tax other than tax on certain capital gains and passive income. On their tax returns, the S corporation's shareholders include their share of the corporation's separately stated items of income, deduction, loss, and credit, and their share of non-separately stated income or loss.  Worded differently, obtaining S corporation status can save you considerable money on your taxes.

Must I have a corporation to obtain “S” tax treatment from the IRS?  

No. There is a myth than only corporations can obtain “S” tax treatment.   LLC’s may elect to be treated as an S corporation for tax purposes as long as the appropriate IRS forms are executed. At the Snyder Law Group, we make sure every new LLC we set up utilizes all available tax benefits from the IRS. 

DUI DEFENSE

What does “DUI” stand for?

Driving under the influence.

I’ve been pulled over, what should I do?  

Keep your cool. Say as little as possible, don’t admit to drinking, and be polite to the officer. Remember, the officer likely has a camera on his dashboard and everything is being recorded. 

I’ve been arrested…what should I do?  

Invoke your right to remain silent and immediately ask to speak with an attorney. Remember, everything you SAY or DO will absolutely be used against you. 

Why should I hire an attorney to fight my DUI?
If you have been charged with DUI in Florida, it is to your benefit to speak with an attorney.  We have successfully represented countless individuals charged with a DUI. Our results have ranged from a reduction in the charge to outright dismissal. Our ultimate goal in representing someone charged with a DUI is three-fold:  (1) quick resolution; (2) aggressive representation of the client’s rights; and (3) minimal fines, community service, and license suspension, if any, for the client.

I’ve been charged with a DUI, what should I do?  

Contact an attorney immediately. Your license will be suspended 10 days after you were arrested for a DUI. You must request a formal review hearing to contest the driver’s license suspension during the 10 day following your DUI arrest or you forfeit your right to do so?

What penalties do I face if I am convicted of a DUI? 

Depending on the severity of the offense, you could face license suspension, fines, community service, and/or imprisonment.  Florida Statutes § 316.193 prescribes minimum sentences for individuals convicted of a DUI. Florida Statutes § 316.193 may be accessed at the following link: http://www.hsmv.state.fl.us/ddl/duilaws.html

Am I going to jail for drinking and driving?  

Highly unlikely. Imprisonment is typically only seen in severe cases (i.e. you hurt someone) or you are a repeat offender.    

Will my car insurance rates go up if I’m convicted of a DUI?  
Yes, your rates are likely to increase by a significant amount. This is another reason why someone should fight a DUI charge.

Do I have to participate in field sobriety tests (i.e. walk the line, stand on one leg, etc.)? 

No. All field sobriety tests do is bolster a police officer’s arrest report.   Also, due to the fact that most field sobriety tests are video recorded, the only benefit to consenting to these tests is you increase the likelihood you will become an internet star! 

Do I have to take the breathalyzer test?

You may refuse to take it, but the law permits the DMV to suspend your license for up to 1 year for a first offense, 18 months for each subsequent offense. 

I blew over the legal limit, can I beat my DUI? 

Absolutely! The machines used by the police are tightly regulated and subject to strict maintenance requirements to be deemed reliable. Additionally, the testing itself must be done in a very specific manner. The failure to either properly maintain the machines, or to conduct the tests in accordance with the standard testing procedures, can result in the breath test being thrown out altogether, no matter how high your test came back.

Can I be charged with a DUI while boating?  

Absolutely, you can be charged with a DUI (or BUI as it is commonly referred to).   Boating while intoxicated opens you up to the same penalties as if you were driving a car.

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