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Florida Family Law

Expect These Three Things From An Expungement

The mistakes of our youth should not follow us into adult life. Think about all of the wrong turns you may have made as a child, and how those mistakes would impact you today. Every little white lie you told as a teen, or every bad decision made during college could mean the difference between getting a job, or being passed over for another candidate. This is why it is so important to take steps to expunge your criminal record whenever possible. You can do this trough a legal mechanism called expungement, but there are some limitations.

To get your records expunged you will be required to file a motion asking the Court to enter an order of expungement. If you are successful, these are the three things you can expect for your… Continue reading

Three Ways The Media Can Hurt Your Case

When you are arrested for a crime, the last thing you need is to have your case tried in the “Court of Public Opinion”. But with high profile case that is just what happens sometimes. When an incident is given a lot of media attention, it is not long before people take to social media and voice their opinions. This dual method of having your story splashed across the TV and on the screen of anyone with an internet connection can cause serious problems for your defense. When the public has already made a decision about a highly publicized case, it is hard for a defendant to get a fair shake.

A good example of this type of problem is the case of Adacia Chambers, the 25 year old woman arrested on suspicion of driving under the influence and crashing her car into a… Continue reading

Two Ways Social Media Plays A Role In Your Criminal Case

These days nearly everyone has a Facebook, Twitter, or Instagram account. These outlets can be a great way to keep up with friends and family, and to share what is going on in your life. But there are certain things that should be kept off the internet, and remain private. One reason it is important to keep things to yourself is because what you post online could end up being used as evidence against you if something bad happens. Couples going through a divorce are advised to refrain from posting suggestive photos while seeking child custody, and are also counseled to refrain from posting shots of expensive purchases or vacations if property distribution is an issue. The reason is that when you put things online that show where you are and what you are doing, if those things are not in line with what you… Continue reading

Three Reasons Why You Have The Right To Remain Silent…And Should!

We have all heard the familiar phrases “you have the right to an attorney, you have the right to remain silent, and anything you say can and will be used against you”. But how often do people really keep their lips sealed when being placed under arrest? All too often people believe they can “talk their way out” of a ticket, or even an arrest. The problem with this thought process is that it requires talking, and when faced with the possibility of going to jail a lot of people think the more they say the more likely they are to escape an arrest. However, nothing could be further from the truth, and the things you say that are used in the case against you are not limited to just the arrest itself.

Unfortunately there are many people that believe the Miranda rights are an… Continue reading

What Is A Withholding Of Adjudication?

When a person is arrested and charged with a crime, they are required to appear before the Court and enter a plea to the charges. In many instances, depending on the type of charges, a defendant makes the decision to enter a plea in exchange for a reduction in the charges or other favorable treatment. The way this usually works is that by agreeing to enter a plea to what’s been filed against you, you enter a term of probation and the final adjudication on your case is put off (or withheld) until the probationary term expires. This is an attractive option for many criminal defendants, because it allows them to remain out of jail while resolving their case. However, there are some important things to know about agreeing to a withholding of adjudication, because it might be that the consequences are not what you… Continue reading

A Second Look At Stays Of Execution

In April 2014 a death row inmate in the State of Oklahoma was put to death by lethal injection, but during the process something went terribly wrong. The “botched” execution of Clayton Lockett received worldwide press, and the death penalty debate took on new life. Now, a death row inmate in the same state is cheering the State’s Court of Criminal Appeals’ decision to stay his execution. Richard Glossip received a stay of execution on September 16, 2015 amid arguments from his attorneys that there is new evidence in his case. With the spotlight on the issue, it is a good time to take a look at how stays of execution are granted here at home.

A stay of execution in Florida is governed by the rules of criminal procedure. And, unless an inmate receives a stay, an execution is carried out as planned.… Continue reading

Is It Time To Modify Your Custody or Support??

Stuart Divorce Attorney

Over 40 Years Serving the Treasure Coast!

Often times parents, typically those unrepresented in custody proceedings, will agree on a timesharing schedule with a belief that they can come back later to change it when time or budget permits.  However, modifying a Final Judgment of Dissolution of Marriage or Paternity can be more difficult than you think.

Custody/Timesharing

To modify an existing custody order, a parent would have to prove that there has been an unanticipated change in circumstances, and that modifying the existing order would be in the best interest of the minor children.  If the parent can overcome the burden of proving that a change in circumstances exists, the judge will then reconsider the factors set forth in Florida Statutes to determine timesharing with the minor children moving forward.  Those factors include:

(a) The demonstrated capacity and disposition of each… Continue reading

Three Reasons Bond Is Denied

When a person is arrested they are generally take to jail and can only get out by posting bond (or bail). The purpose of having a defendant post bond is to ensure they will show back up when their next court date arrives. For those that fail to appear, the bond is revoked and the bondsman will seek payment of the entire amount and the State will file additional charges against the defendant. This means the defendant now has multiple charges to fight, and will likely have to wait their case out from behind bars. If you have been arrested, it is important to know the chances you will be able to bond out of jail while waiting for your next hearing or trial date.

Three reasons bond can be denied are:

  • Most felonies and physically dangerous crimes, like domestic or child abuse, are… Continue reading

The Top Five Ways To Lose Your Right To Drive

Getting around without a car is a difficult task. If you rely too heavily on friends or family, or have to resort to public transportation you can easily find yourself without a ride by imposing too often, or by missing the bus. So if you are arrested for a crime that includes potentially losing your driving privileges, it is critical to take immediate action to preserve your right to drive, even if that right is temporarily modified. Having at least a limited right to drive will give you the freedom you need to get where you are going, and to maintain some independence.

The top five most common charges that call for revocation or suspension of your license include:

  • A DUI conviction or being convicted of crimes involving drugs or other controlled substances.
  • Violating the requirements to have an interlock device installed in your… Continue reading

The Three Most Commonly Seized Items During Arrest

When you are pulled over for a potential crime and placed under arrest, it is likely that the police will perform a search of your car. If the authorities find things in your car that they believe are the results of a crime, those things can be seized. You are able to ask for return of your possessions, and in order to do so you may have to prove that the stop or the search was not valid, thus anything taken from you should be given back. In order to decide whether to fight for return of your belongings, it is important to first look at what was taken from you. Sometimes the value of the seized items is not worth the fight, but in some cases the value is not necessarily a monetary value. You also have to consider whether the seized items will… Continue reading