Many Floridians assume the answer to the question posed in this blog’s title is, “yes.” After all, Florida law requires you to have a minimum amount of insurance coverage in order to lawfully drive a car in the state. Isn’t that enough? Unfortunately, it’s not enough in many cases. Florida drivers are required to carry only $10,000 worth of personal injury protection (PIP) and the same amount in personal damage Read More
Filing for Emergency Pick-Up Orders in Florida
Just about every family court in the country recognizes the benefits of having both parents involved in the lives of their children. Only in rare circumstances should one parent be denied physical access to his or her children. In even rarer circumstances should children be taken away from the physical care of a parent, but it does happen. Florida parents have a few options for filing for an emergency pick up of Read More
WHAT IS A SCORESHEET AS IT RELATES TO THE FLORIDA CRIMINAL JUSTICE SYSTEM?
The past few days, hours, and minutes have certainly been a whirlwind if you or someone you love has been arrested on felony charges. You’re understandably terrified of what the future holds, and you probably have more questions than answers. Take a few deep breaths; you’re in the right place. One of the first things you need to know about felony charges is that the prosecution is required to fill out what’s Read More
Mandatory Disclosures: What are they and do I have to do them?
Well, the answer to the second part is in the title...they are "mandatory." Mandatory disclosures are documents, mainly financial in nature, that must be disclosed to the opposing party in a family case. The disclosure of these documents is required by the Florida Family Law Rules of Procedure. It is an automatic disclosure, meaning the other party does not have to ask for you to disclose them. These documents Read More
Updated: Yes You Can Videotape the Police, But Take Precaution
I originally wrote this post in 2017 after a video was posted of an Uber driver, who was also a lawyer, was pulled over and told he could not record the police officer. The police officer told the lawyer to turn it off or he'd take him to jail. The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true. I Read More
The DMV’s Authority to Revoke or Suspend Your Driver’s License
Driving is not a right. It is a privilege in Florida. As such, the DMV has a lot of authority over whether or not a person has a driver’s license. Chapter 322 of Florida Statutes lays out specific laws regarding driver’s licenses. The most common reasons people lose their driver’s licenses include: 1. Drug-related offenses – Per section 322.055, when a person is convicted of a drug-related offense, the Read More
Preparing For Your Family Law Consultation
I can’t tell you how many people come in for their consultation and have no idea what to ask me. This time is your opportunity to find out if I am the best person to represent you for this specific situation in your life. A life-changing situation in your life! Take advantage! When you come in for your consultation, it is best to know what you need to ask the attorney. What are you there for? Is it a divorce Read More
What is the difference between a legal father and a biological father?
A family law case is before the Florida Supreme Court right now that is quite interesting. The court must decide a dispute between a child’s legal father and her biological father. You see, in Florida, when a child is born of a marriage, the legal father is the man married to the mother. The legal father, therefore, may not be the biological father. Thus, the biological father may not have any rights to the Read More
But the pot was not in my possession!?
I hear this all of the time. Under Florida law, there is actual and constructive possession. Actual possession is when the illicit drugs are on your person. In other words, the drugs are in your pocket, in your sock, or in your hand. Actual possession is an easier case for the State to prosecute. There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive Read More
But I Am The Father, Why Don’t I Have Any Rights?
You may very well be the biological father but does not mean you are the legal father or that you have any legal rights to your child. It is important that if you are an unmarried father, you immediately establish your legal rights to your child. In Florida, if a child is born out of wedlock, there is no presumption of fatherhood. Paternity should be established first and foremost. An establishment of paternity Read More
