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Most crimes with few exceptions can be expunged (removed) if the case was subsequently dismissed. The majority of any sexual related offense is not subject to expungement, nor a drug trafficking offense. Many first time defendants are given a diversionary program option. If you complete the program, the state attorney will then dismiss the case. It could also be if…
How is my business divided in a divorce? When someone gets divorced, their assets can be subject to different rules in order to divide them. If one of the spouses began a business before the parties married, only the increase in value from the date of marriage until date of filing the divorce is considered marital. If the business began after the…
After parties divorce, especially in this day and age, at least one spouse may relocate. It is almost inevitable if one party is military. The factors that the Court will consider are statutory in Florida. However, there is no rhyme or reason at times to be able to with certainty to advise a client that they will be able to…
Absolutely! In Florida, Section 787.03 provides that whoever, without lawful authority, knowingly or recklessly takes or keeps a minor child from their lawful guardian, even if in foster care, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This can also apply to parents. Grandparents who may have rocky relationship with their…
In my opinion, keeping a journal which details the parenting time each parent spends with the children including times as well as events that occur is the number 1 thing a parent can do to help themselves. Make notes as the events happen. Now keep in mind that Florida, despite the vetoing of the equal time share bill, is moving…
If you are about to embark on a family law matter that will end with a court appearance, get off social media. Make your Facebook in active, refrain from using Twitter. If you want to keep the accounts, make sure that you avoid commenting on your case. Do not use social media to lash out at the other side or…
Florida is one of the states where you can get a divorce without proving that either party did something wrong, like adultery or abandonment. If one party wants a divorce, then they can have it. It prevents a spouse from being forced to hire a private detective to spy on the other just so they can get out of the…
Florida in my opinion is a pedestrian state. People like to walk and or run since our weather is generally so pleasant despite the latest rain. However, where sidewalks are provided, pedestrians are prohibited from walking along the portion of a road paved for vehicular traffic. When sidewalks are not provided, any pedestrian walking along the highway shall, when practicable,…
I think there is an unwritten rule that every parent has heard if not repeated, “Never wake a sleeping baby.” I’d suggest breaking the rule if your child is in a car. According to Florida Statute 316.6135, you cannot ever, for any period of time, leave your child unattended if the child is less than 6 years of age in…
Can a husband or wife install spyware on the other spouse’s phone or computer? You can certainly keep and use text messages or voicemails or even Facebook posts from the other party, but intercepting and saving communications that were intended for the other party is a first degree misdemeanor in Florida for the first offense, and a 3rd degree felony…