When determining child custody or as it is known today, parental responsibility and visitation rights, Florida law requires that the court consider the best interests of the children. This may sound simple but it involves many factors and is quite complicated. The court will make a parenting plan determination after considering a variety of different […]
Child Support in Florida Read More »
In Florida divorce cases where alimony is a relevant factor, the Court will consider a number of factor in determining whether alimony is appropriate as well as the amount and duration of that alimony. In the Sunshine State, there are different forms of alimony that may be available including bridge the gap, rehabilitative, durational or permanent
Temporary Alimony in Florida Read More »
Florida’s Stand Your Ground law is in the spotlight this week as Curtis Reeves, a 73-year-old retired Tampa Police Department captain, is fighting for his life a second time in the last three years. This time, Reeves is fighting to avoid a trial for second-degree murder and aggravated battery charges stemming from a fatal shooting
Pinellas County has the dubious distinction of leading all urban Florida counties in the number of car accidents involving pedestrians and bicyclists. The latest “Traffic Crash Trends and Conditions Report” released late last fall showed Pinellas County has a pedestrian fatality rate that’s 80% higher than the national average. It’s a problem that gets worse
Pinellas County is Deadly For Pedestrians and Bicyclists Read More »
In my last post, I wrote about the Florida civil theft statute and mentioned that this statute is not often employed as a legal strategy. However, when it is used, civil theft claims often involve embezzlement. It is a form of theft that involves a relationship between the thief and the victim. The one accused
Embezzlement and Civil Theft Claims in Florida Read More »
At first glance, the words civil and theft appear to be incongruous. Most of us understand that theft is a criminal act involving the unlawful taking of someone else’s possessions, property, or valuables. Yet, in Florida there is a statute (772.11) that governs civil actions involving theft including any exploitation of an elderly person. As
Civil Theft Claims-Oxymoronic or a Legal Remedy for Victims? Read More »
DUI Diversion programs are in place in Orange and Osceola Counties so one could ask if Pinellas County could follow suit and offer a diversion program for certain DUI cases. In fact, the new Hillsborough State Attorney Andrew Warren was asked about it recently and artfully dodged the question. Could this happen in Pinellas? It’s
DUI Diversion Program in Pinellas County? Read More »
Orange County assistant public defender Derreck Quarles has been arrested for DUI on his birthday. This isn’t the first time and probably not the last time a public official gets arrested. However, the circumstances surrounding his arrest, police dashcam video evidence of the arrest, and the statements of Public Defender Robert Wesley are certainly some
Orange County Public Defender Arrested for DUI Read More »
Police have been using dash cam videos for quite some time now. Police believe they are instrumental in demonstrating probable cause in a traffic stop as well as the ensuing encounter between the officer and those in the vehicle that’s been stopped. Yet, it’s not always that simple. A DUI stop in Clay County has
Police Dash Cam Video Leads to Dueling Supreme Court Opinions in DUI Case Read More »
Years ago, the prevailing wisdom, at least in my corner of the world, held that anyone who would consider a prenuptial agreement a sign that the marriage was doomed to failure. Some would have considered it bad luck to contemplate before tying the knot, the possibility that the marriage would end in failure. However, times
Florida Prenup-Hedging Your Bets or Smart Strategy? Read More »