Frequently Asked Questions

Before a person may be convicted of a crime, the State has the heavy burden of proving each and every element of its case beyond and to the exclusion of a reasonable doubt. The Defendant is not required to prove his/her innocence.

D.U.I.

The United States Constitution, the State Constitution and Florida Statutes protect the rights and privileges of the accused. Your DUI case is no exception. However, some rights or privileges may be waived and lost if you fail to take specific action within 10 days of the arrest.

The answers to the following questions could reveal a lack of strength in the State's case and the existence valid defense(s):

Note: The State has the initial burden of proving that you were driving or in actual physical control of a vehicle.

Note: In order for an officer to lawfully detain you for investigation, the State has the burden of showing that the stopping officer had a reasonable, articulable suspicion that a crime has been committed or is about to be committed.

-Did the officer ask you about faculty impairment due to disability, illness or injury?

-Did the officer ever advise you that he/she would be conducting a DUI investigation?

Note: Even if the stop is lawful, the officer must still make a roadside determination based on the totality of the circumstances that there is probable cause to arrest you for DUI.

Note: Most DUI cases involve the use of field sobriety exercises. These exercises are voluntary and are intended to aid an officer in determining if you should be arrested. However, more often than not they are used to bolster the officer's previously formed opinion that you are DUI.

-Did the officer read you the warning(s) before, after or at the time of the arrest?

Note: When you are arrested, in addition to Miranda warnings, the arresting officer MUST read you the correct Implied Consent warnings. The warnings must be read in substantial compliance with the specific statute. There are different warnings, and the officer must read the correct warning. You have the option of either taking the test(s) or refusing. The officer chooses the test for you depending on the case. However, you also have the right to an independent chemical test of your own choosing.

-Was the instrument used in compliance with all statutes, rules, policies and regulations?

Note: If a chemical test is administered, the State must prove that the test was done properly and on an instrument that was working properly. Further, the test results themselves must be in compliance.

The above are only a some of the many complex issues involved in a DUI case. This firm devotes its experience and knowledge to each and every case.

Family Law

Florida has enacted a no fault dissolution of marriage statute. Under Florida law the husband and wife are treated as equal partners, sharing equal rights and obligations during the marriage and sharing equal burdens in its dissolution. Because there is no requirement of fault, you only need to show that the marriage is irretrievably broken or that your spouse is mentally incapacitated.

At least 20 days must elapse from the date of filing the Petition of dissolution of marriage before a final judgment may be entered. However, the court may enter a final judgment of dissolution of marriage at an earlier date where it can be shown that injustice would result from this delay.

A Final Judgment of Dissolution of Marriage results in each spouse having the status of being unmarried. The relief one may seek in an action for dissolution of marriage includes:

Additional relief, such as a Wife’s request to restore her maiden name or partition of real and personal property, may be available through what is referred to as ancillary actions.

Simplified dissolution of marriage is available to marriages that meet certain criteria. The Husband and Wife must join in the petition, appear at final hearing together, and certify the following under oath:

a. That there are no minor or dependent children of the parties, and the wife is not pregnant.

b. That the parties have made a satisfactory division of their property and have agreed as to the payment of their joint debts/obligations.

The parites must also certify the truth as to other relevant facts that are described in the Family Law Rules of Procedure .

There are no specific statutory guidelines for alimony in Florida. There is a presumption in favor of permanent periodic alimony in long-term marriages and a presumption against permanent periodic alimony in short-term marriages. Two (2) elements must always be satisfied when seeking alimony, the entitlement to and the amount of alimony. The most significant factors a Court considers in finding entitlement are:

The parents’ obligation for Child support in Florida is governed by statute. It is a right belonging to the child and the parents cannot contract away their child’s right to support. At any time during dissolution of marriage proceedings, the judge may order either or both of the parents to pay support in accordance with the child support guidelines.

Whenever a Child Support order is entered, a continuing duty remains upon the paying parent to inform the other parent and the court of a change in address, employer and income.

A change in circumstances in the payor’s income alone may be sufficient grounds to seek modification. In final judgments involving alimony, this is applicable when the Court reserves jurisdiction because the need of one spouse was greater than the other spouse’s ability to pay. A substantial disparity in income is a valuable factor in showing that one spouse has been short-changed.

Personal Injury

If you were involved in an automobile accident and you were injured you may be entitled to $10,000.00 in benefits regardless of fault. If you believe your injuries were caused as a result of another's fault, you may also be entitled recover damages for personal injuries, pain and suffering, lost income, out-of-pocket expenses, physical impairment, scarring, and inconvenience.

There is a Statute of limitations in Florida, meaning that if you were to file suit, you would need to do so within a limited time from the date of the accident or you could be forever be barred from bringing a cause of action.

If you have been injured in an automobile accident you may have a personal injury case. Contact our office to schedule a consultation.

Slip and Fall

Property owners and those who lease real property (whether as individual or business) have the legal duty to maintain the property in a way that makes it safe for visitors. Premises Liability arises when injuries are caused by a dangerous condition or careless maintenance on the part of the property owner or the person who is leasing the real property. Examples of dangerous conditions include but are not limited to, uneven, damaged or cracked floors, slippery surfaces, uncleaned spills, defective sidewalks or steps, and unmarked changes in elevation.

In a Premises Liability case, the Plaintiff needs to prove one of the following three(3) things: that the Defendant created the dangerous condition that caused the injury; that the Defendant knew about the dangerous condition and failed to take steps to prevent it; or that the condition existed for a long enough time that the Defendant should have known about it. Even if unaware of the dangerous condition, the Defendant can still be liable for any injury that occurs on the property (unless the victim was trespassing). The damages you may recover in a Premises Liability case include, but is not limited to, medical expense, lost wages, and pain and suffering.

There is a Statute of limitations in Florida, meaning that if you were to file suit, you would need to do so within a limited time from the date of the accident or you could be forever barred from bringing a cause of action.

If you have been injured on another person’s property as a result of a dangerous condition, careless maintenance, or wrongdoing, you may have a Premises Liability case. Contact our office to schedule a consultation.

In the same sense that ordinary negligence arises from doing or failing to do something that a person of ordinary prudence would or would not do under the same or similar circumstances, medical malpractice arises when a health care professional does or fails to do something that a reasonably prudent health care professional in that field would or would not do under the same or similar circumstances. In medical malpractice cases the plaintiff's lawyer must establish through expert testimony that the defendant breached or failed to adhere to the standard of care required of professionals in the field of the defendant.

Florida medical malpractice law is complex and you should not attempt to handle your claim alone. The law contains specific requirements, including a written notice to all potential defendants and good faith investigation which must be complied with before a lawsuit may be filed. The statute of limitations is two (2) years, meaning that you would need to comply with the pre-suit notice requirement within two (2) years from the date of the incident that gave rise to the action or you could be forever barred from bringing a cause of action. There are numerous other factors that must be considered by a medical malpractice lawyer and which could have an impact on the amount of time a plaintiff has to bring action.

If you have been injured as a result of a medical procedure, you may have a Medical Malpractice claim. Contact our office to schedule a consultation.

Disclaimer

D.U.I. and Other Criminal Law Cases

D.U.I.

Family Law

Personal Injury

Slip and Fall