Criminal Law Frequently Asked Questions

Q. What is first appearance?

A. Typically, within 24 hours of your arrest, a judge determines what your bond will be.

Q. Do I have a right to a bond?

A. Everyone has a constitutional right to a reasonable bond, under most circumstances.

Q. I have not been charged with anything or arrested, but the police want me to make a statement. Do I need an attorney for this?

A. YES! It is always recommended you consult with an attorney in any criminal matter.

Q. What is an arraignment?

A. A formal proceeding where a Judge asks you how you wish to plea. It is recommended you hire an attorney prior to arraignment. If you must appear for arraignment without an attorney, plea not guilty and consult with an attorney immediately.

Q. Should I just plead guilty at arraignment to a minor charge?

A. Not Always. It is a good idea to consult with an attorney anytime a person has been charged with a criminal offense. CONTACT our office for a free consultation.

Q. What is a violation of probation?

A. A defendant can be sentenced to probation, rather than jail time. A violation of probation is an allegation that you have failed to abide by the conditions of your probation.

A charge of violation of probation (VOP) is a new criminal charge, and punishable the same as the underlying charge. There are two types of violations: technical violations, and new law violations. A technical violation can occur when you fail to appear at a monthly meeting with your probation officer. A new law violation is when you are arrested for a new crime while on probation. Being arrested while on probation can be a violation. A conviction on the new charge is not required.

Q. Do I have to have a license to carry a concealed weapon in order to carry a firearm in my car?

A. NO, you do not. Florida law allows every citizen, with exceptions, to carry a firearm in their vehicle, so long as it is properly encased.

Family Law Frequently Asked Questions

Q: What is the legal definition of marriage?

A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The standard way to marry is to get a marriage license from a state-authorized official and participate in a formal civil or religious wedding ceremony. While most states will not issue marriage licenses to same-sex couples, the laws regarding same-sex marriage continue to evolve. Contact an attorney at our firm to learn more about the marriage laws in our state.

Q: What is a legal divorce?

A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce will give each person the legal right to marry again, legally divide the couple's assets and liabilities, and determine the custody of their children.

Q: What is a no-fault divorce?

A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases, the spouse who engaged in the misconduct was punished by receiving a smaller share of the marital property or by being denied custody of their children. In a no-fault divorce, however, both parties agree that there is no fault involved in the grounds for divorce. Florida is a no-fault divorce state and a marriage can be dissolved upon a showing that the parties believe the marriage is irretrievably broken.

Q: How soon can I get a divorce?

A: By Florida Statute, you cannot be granted a divorce any sooner than 20 days after the Petition for Dissolution is filed.

Q: Can I terminate visitation if I am not being paid the support I am owed?

A: No. You cannot link visitation to child support payments, they are separate. In most, jurisdictions the right to visitation is never conditional on payment of child support.

Q: Can I get child support if I never married my child's other parent?

A: Yes. Both of a child's biological parents owe that child a duty of financial support. If you are a father and your child's paternity has never been established, you may need to initiate a paternity proceeding and establish paternity before a support order can be entered.

Q. How is child support determined?

A: Child support guidelines exist that are used as the foundation for determining the amount of child support. While child support guidelines vary from state to state, courts setting child support orders will generally follow the amount suggested by the guidelines unless a reason to depart from them exists.

Q: My ex-girlfriend is having my baby soon. Should I contact an attorney?

A: Yes. You should contact a lawyer as soon as possible. Hiring a lawyer early on can help preserve your legal rights.

Q: My spouse and I have been separated for over several years and I have no idea where she is. Can I get divorced?

A: Yes, however, an exhaustive search for the missing spouse must be done. Please Contact our office to schedule a FREE CONSULTATION

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