My divorce is set before a Judge. I thought I would have a jury trial. Is that not right?
In Florida, all divorce proceedings are held before a Judge or General Magistrate, not a jury.
Helping Good People At Their Worst Times
If I go to jail, am I still responsible for child support?
Yes. If you are at the time of incarceration ordered to pay child support, you will continue to be obligated to pay it even if you are in jail. In order to temporarily stop paying child support, you must file a Petition to Modify your child support obligation. It doesn’t end automatically. A court can only require a party to…
Can I make my husband pay for the divorce?
In Florida, courts will look at whether one party needs the other to contribute to their fees and also whether the other party has the ability to do so. Typically, there would need to be a moderate disparity in the parties’ incomes for the court to award fees. Judges can order a party to pay all or only a portion…
Santa Rosa County Shared Parenting Plan
Santa Rosa County Shared Parenting Plan
I was arrested for possession of marijuana. One of my friends said I could lose my driver’s license. Is that right?
Yes, in the state of Florida, if you are adjudicated guilty for a drug related offense (other than possession of drug paraphernalia), you will lose your driver’s license for 2 years.
Is it against the law to refuse to blow into a breathalyzer?
If you look on your driver’s license, you will see in fine print that the state of Florida deems the right to drive as a privilege. If an officer has a reasonable belief that a driver is impaired by drugs or alcohol, the person is brought to the county’s jail. There, the individual is asked to breathe into a breathalyzer. The…
My child was put on probation in juvenile court. How long will she be on probation?
In juvenile court, the probation if ordered can be up to the child’s 19th birthday. The hope is that the child will complete all of the conditions and terms of the probation and terminate the probation quickly.-BUT if they delay completing their tasks, probation keeps on til age 19.
I just discovered that my son and his 15 year old girlfriend had sex. Can he be charged with a crime?
Yes, even if your son is 15 years of age as well. In Florida, the legal age of consent is 16. Hence, even if two children who are both under the age of 16 have sex, they could both be charged with Lewd and Lascivious conduct and subsequently be labeled a sex offender. It doesn’t matter if the sex was consensual or…
My child was questioned at school by a school resource officer. I wasn’t even told that it happened until afterwards. Can the statements he made to the officer be held against him?
Yes. School officials, even school resource officers are not required to contact parents prior to interviewing students nor do they read them their Miranda rights. Anything they say can be used against them. The safest thing to tell your child, especially since you may not be present, is to ask for an attorney and say nothing. Gone are the…
Does Florida have a diversion program?
Yes, in county court or circuit court, which address misdemeanors and felonies respectively, the State Attorneys Office may offer Pretrial diversion or Pretrial Intervention. Both are programs that provide conditions to the defendant that if successfully completed result in a dismissal of the charges. Florida does not offer a diversion program for DUI’s. The State Attorneys office allows the victim in most cases the…