After an arrest for driving under the influence (DUI), if the driver is alleged to have refused to provide a breath sample or provided a sample resulting over .08, then the arrestee's driver license is supposed to be automatically suspended. This suspension takes place after ten (10) days. A driver must apply to challenge the suspension at the Department of Highway Safety and Motor Vehicles (DHSMV) or DMV within those same ten (10) days. DHSMV blog.
In some divorce cases, alimony can be awarded to a former spouse that is in need of spousal support if the paying spouse has the ability to pay. Alimony is considered after equitable distribution. The court may grant alimony to either spouse. The requesting spouse must demonstrate a need for alimony and the ability of the other spouse to pay alimony.
The criminal traffic charge of Leaving the Scene of an Accident (LSA) or Hit and Run from a crash involving a death is a serious felony.
In criminal cases, this writer has said, "firearm equals felony". In violations of 790.01, Florida's law that criminalizes the carrying of concealed firearms or weapons, the unlicensed carrying on the person of a weapon is a misdemeanor while unlicensed carrying on the person of a firearm is a felony.
If a person accused of DUI refuses to submit to field sobriety exercises or to submit a breath sample a common concern is whether the refusal can be used against the DUI Defendant in Court. As to the driver's license, being deemed to have refused will cause an automatic suspension unless a review hearing is requested and won at the Department of Highway Safety & Motor Vehicles (DHSMV).
In Florida, a traffic ticket for failing to come to a stop for a school is a civil traffic infraction and not a criminal charge. The traffic law states that any driver "shall, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn." Failing to stop for a school bus is always a moving violation. Then it gets more confusing.
In criminal cases, it is not uncommon for people to call the office after their current lawyer has failed to reach an acceptable agreement with the prosecutors or the caller does not like the offer received. Sometimes, the unfortunate circumstance of the case is that the prosecutor will not make a deal. Sometimes just having a lawyer who answers to the Defendant for their paycheck instead of the government makes a big difference to the Defendant. Sometimes there are things that can be done to present the case in a better light.
Self Defense has been an available affirmative defense to criminal cases since the dawn of society. Florida also has long acknowledged the fundamental right to use force in defense of self or others. The essential elements of self-defense have stayed about the same. A person may use deadly force when it is reasonably necessary to prevent imminent death or great bodily harm to the person or to another person. The procedure and burden of proof required to make a self-defense argument has changed.
Allegations of child abuse or neglect can generate criminal or family cases against the accused. In many cases a parent accused of child abuse or neglect by the State of Florida in a criminal case will also find themselves defending against a Supplemental Petition to Modify a parenting plan or custody. Sometimes a third case of an injunction for protection against domestic violence could also be brought.
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.