Attorney Christian A. Straile, LLC
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Posts tagged "Starke Lawyer"

Divorce, Retirement Pension - Purchase of Premarital Years.

In divorces, a large asset for most people is their retirement or pension. A pension or retirement account is likely a marital asset that has to be divided by the divorce court. If a spouse began saving for retirement before the marriage, or if it is a second or subsequent divorce, then all of the pension may not be a part of the marital estate.  

Changes to Criminal Driving on a Suspended License

Driving on a suspended license can be a criminal or civil case in Florida. Too many charges of driving while suspended can result in a 5-year revocation of a driver's license as a habitual offender.

DUI Blood Testing the Unconscious Driver No Warrant Needed...Usually

In a DUI arrest, when a breath test is not available or feasible, or if the circumstances allow, law enforcement may seek a sample of the accused driver's blood to determine a blood alcohol concentration or content (BAC). The question of whether and how the police may take the accused DUI driver's blood has been considered by the United States Supreme Court in the last few years.

Family Law - Child Support Enforcement & Spendthrift Trusts

In family law, whether divorce or paternity, once there is an order of child support, the next problem for some is collecting said support payments. Enforcement of child support can be especially difficult when the obligor has no assets, hidden assets or protected assets. One way to protect assets from being depleted is by having a spendthrift trust that restricts the way that funds that are distributed can be used.

Traffic Ticket but Ain't From Round Here - Out of State drivers ticketed in Florida

What if you received a traffic citation in Florida but you live in another state and cannot come back to fight the ticket in Court? There is a fundamental right to travel in the United States. However, when using the roads such as north Florida's main arteries of I-75, US 301, US 441 a driver can be ticketed even if they ain't from around here and are unfamiliar with the area. Some drivers call the office and feel that they may have even been targeted because they are from out of town or just visiting. We can defend the citation in court and maybe have it thrown out, dismissed or have a driver found not guilty, but we cannot change the circumstance that the driver stands accused. We defend against the accusation.

DUI Conviction or Adjudication still required

In Florida, a person accused of DUI has faced mandatory adjudication, also known as conviction, for many decades. In cases where the Court is not restricted, it can also withhold adjudication which means that technically a person is not convicted. The difference can have far reaching consequences. For example, a DUI cannot be expunged because of the conviction and convictions stay on a driving history for up to seventy-five (75) years. Convictions also require higher surcharges and court costs.

Even in Divorce Words Mean Things - "A" Prenuptial Agreement

In divorce or dissolution of marriage cases, if there are any prenuptial or postnuptial agreements, the Court will have to decide the validity of the agreements but may also have to interpret the meaning. Prenuptial or postnuptial agreements are interpreted using contract law principles because they are contracts by another name.

DUI and the Ignition Interlock Device

In DUI defense a common question or problem involves the "ignition interlock device". The law on the ignition interlock device states that the Department of Highway Safety and Motor Vehicles "shall require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence as specified".

Traffic Ticket Defense in a Single Vehicle Crash

Traffic tickets are issued for single vehicle or car crashes. A person ticketed for careless driving, failing to maintain a lane, or any other traffic citation charge brought as a result of a crash involving only one vehicle should always chose to take the infraction to court. In that instance the person cited received the ticket because there was an accident and for no other reason.

Risk Protection Orders - Florida's Red Flag / Gun Violence Restraining Order/Injunction Law

Whatever the name, there is now a movement sweeping the country to create a procedure to confiscate firearms of suspected at risk individuals before they perpetuate gun violence. Some people refer to these as Red Flag Laws or Gun Violence Restraining Orders/Injunctions.

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