In any divorce or dissolution of marriage, an area of great concern(s) is the division of assets and debts. In Florida, the law provides for an "equitable distribution" of marital assets and liabilities. While a divorce court must begin with the presumption that marital assets and liabilities are to be divided equally, the court may distribute the marital estate fairly or "equitably" instead. Fair is not always equal. Factors to be considered include the contribution of each spouse to the marriage; the duration of the marriage; and the economic circumstances of each spouse. Alimony is determined after equitable distribution.
Constructive possession means other than physical possession. In the world of criminal defense this usually means drugs or narcotics, firearms or other contraband are found but, not in the pocket or in the bra of the defendant. Constructive possession is an important concept for cases involving possession of a firearm by a convicted felon or a concealed firearm or weapon without a license. For example, you possess that television on your wall, you can move it, throw it away, and beat it with a baseball bat because you control it. However, no one carries around their flat screen in their back pocket.
One option in Criminal sentencing is probation. Some people are not aware that there is an option to request to terminate or get off of probation early by filing a motion for early termination of probation. A probationer does have to file a written motion in the court and request a court hearing. Most judges will consider the motion to terminate probation early after half the time is served and all conditions are completed.
Oftentimes in criminal cases, a person who has an active or open warrant for their arrest needs assistance. A warrant for arrest issued by a court can be for many different reasons. An order for arrest can be issued if a person missed a court date, violated probation, or was the subject of a criminal investigation. Sometimes a commit order is issued when a person violates the terms of, fails to comply with, or there is a failure to submit proof that conditions were completed in a deferred sentence.
What is the difference between a technical and a substantive violation of probation? This is a common question when a family is facing a violation of probation or VOP. There are basically two ways a person can violate probation. One type of probation violation is called substantive and the other is technical.