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.
School zones are heavily monitored. Therefore, in traffic ticket defense, we see several citations issued to people for failing to stop at a red light (or behind the stop bar), failing to yield, failure to obey a traffic control device and of course speeding through a school zone. The cities on US Highway 301 (Waldo and Lawtey) still write a bunch of tickets even though their signage has improved over the years.
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.
For some it is getting the letter or notice of Habitual Traffic Offender ("HTO") in the mail. For others it is getting arrested after being pulled over for no reason or even if there was a traffic citation, surprise! The license is being, or has been, suspended for five (5) years. The driver has been habitualized!
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.
What happens when you forget to pay your traffic ticket? A new traffic law went into effect on January 1, 2013 that changed what can happen if a person forgets to pay or otherwise act upon the traffic ticket or citation. Under former law, once 30 days passed, the driver would be convicted or adjudicated, points were assessed and the license was suspended and that was it.
Carrying a concealed firearm is a felony criminal offense in Florida with several exceptions that almost eat the rule. All of the exceptions, of course, require that the person is not otherwise prohibited from carrying a firearm concealed or otherwise. For example, the exceptions do not apply to people who have an active domestic violence injunction, are on probation, or are a convicted felon.