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.
The firm represents individuals who have received traffic tickets or criminal accusations in Columbia County, Florida, located in North Florida. Several people receiving citations in Columbia County are from out of state. This is because Interstate 75 and Interstate 10, both heavily traveled by tourists and visitors to Florida, intersect just north of Lake City in Columbia County. The Florida Highway Patrol or FHP monitors traffic along both I-75 and I-10 corridors.
To prove a criminal case of vehicular homicide in Florida, the State must prove reckless driving plus one additional fact, the death of a person. Vehicular homicide, simply stated reckless driving plus a death caused by the reckless driving.
Amendments to the red light camera law named, the Mark Wandall Traffic Safety Program, which authorize the use of red light cameras to issue a notice of violation, will go into effect on July 1, 2013. A person accused of running a red light by a red light camera will first receive a "Notice of Violation". If the notice is ignored, then eventually a uniform traffic citation charging violation of a traffic control device, violation of a traffic signal device, or running a red light will be issued and delivered via certified mail.
You leave court and realize, there is a mistake in the Order! Clerks are people, what happens if the Clerk makes a mistake? For instance what happens if the judge orders one thing from the bench but the written order says something different? There is a mistake on the judgment, sentence or final order! This happens from time to time and if you have ever been to criminal or traffic court you know why. One hundred cases are handled within 120 minutes and there is simply a lot of paperwork moving really fast. Most of the orders are simply forms and the Clerk will check boxes as the judge speaks from the bench. Sometimes, the wrong box gets checked.
As a traffic ticket defense attorney, a question I am often asked by drivers from other states is the where the smaller municipalities along US 301 between Jacksonville and Gainesville conduct their traffic violation hearings. In Florida, there is no municipal court. All civil traffic infraction hearings are held in County Court and depending on the county either by a county judge or a hearing officer. You may elect to have a traffic hearing determined by a judge.