FAQS

 

Criminal:
I have been arrested-what do I do now?
Do not talk to the police or prosecuting attorney. You should speak with a private criminal defense attorney as soon as possible.
 Can my criminal record be expunged?
Any sexual charges cannot be expunged. Other charges may be expunged, based on your specific case; however, you can only expunge your criminal record one time.
I was charged with a crime, but the judge “withheld adjudication”.  What does that mean?
Withheld adjudication means that you were not found guilty legally by the court. Further, if you successfully complete probation and do not have any other arrests during probation, you can legally state that you were not convicted of the crime.
What is the difference between a misdemeanor and a felony?
The State of Florida's criminal justice system divides crimes into several different categories depending on how serious they are. Usually, a misdemeanor crime is one where the maximum penalty is one year or less in state prison and a felony crime is a more serious crime that can result in jail or prison time for more than one year.  It is possible to have charges dropped from a felony to a misdemeanor;.  When charged with any serious crime, you should speak with an experienced criminal attorney as quickly as possible.
 
Family:
What are the requirements for a divorce in Florida?
In order to file for a divorce in the State of Florida, you have to be a resident of the state for at least six (6) months. The only other requirement is that your marriage is “irretrievably broken”l  In other words, your marriage cannot be saved by attending marriage counseling, etc.
Can I move out of the State of Florida if the other parent has visitation rights?
The laws of the State of Florida require that you file a petition requesting permission to move your child out of the state and obtain either the other parent’s written permission or a Court order before moving. If you move a child out of the state without the other parent’s permission or a Court order, you could be directed by the Court to return the child to the state.
What is a parenting plan?
In cases regarding the custody of minor children, such as divorce or paternity actions, the Court requires that the parents enter into a parenting plan, which outlines how much time each parent will spend with the child(ren) and which parent will be responsible for making decisions regarding the child(ren). Should the parents be unable to agree on a parenting plan, the Court will appoint a parenting coordinator to assist the parents in preparing the plan.
How will my child support obligation be calculated?
The laws of the State of Florida contain a specific guideline or table that is used to determine how much a parent will pay for child support. The cost of daycare and maintaining a health insurance plan for the benefit of the child(ren) is taken into consideration when calculating child support.
I recently found out that I am not the natural father of a child for which I am already ordered to pay child support. Is there anything I can do to stop the child support payments?
Yes. The State of Florida allows fathers to “disestablish” paternity if they can prove through DNA testing that they are not the natural father. There are other specific requirements that you must meet; therefore, you should contact a private attorney to discuss the matter.
 
Personal Injury:
I was involved in a car accident and suffered injuries. What do I do now?
Do not make any written or recorded statements to your insurance company or to the other driver’s insurance company before you consult with a private attorney.  It is vitally important that you speak with an experience persona injury attorney. as soon as possible to protect your rights.
Do I have to pay your office if I do not win my case?
No, we do not charge costs or fees if we do not win your case. If we do win, our fees and costs will be deducted from the award paid by the other party; therefore, you will not have to pay any money out of pocket.
What is PIP insurance?
PIP insurance, or Personal Injury Protection insurance, is provided by your insurance company and pays 80% of your medical costs and 60% of your lost wages, up to a maximum of $10,000.00.