Types of Protective Injunctions in Florida

There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied. On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for? Below is a listing of the types of Read More

Helping Your Lawyer Prepare For Your Criminal Case

So you have been charged with a criminal offense. You feel like your world is falling apart. It is a difficult time that affects every aspect of your life. You need a knowledgeable and experienced attorney by your side. Hopefully you have hired one. What can you do to help?  There are several things.First and foremost: do not talk to anyone about your case except your attorney.  You have the right to remain silent.  Read More

Heather’s Top 5 “Myths” in a Divorce Case

5. We have already agreed to everything.   You may have sat down and agreed to everything.  You may have even typed it up and signed it.  But all of that may go down the drain, when it actually comes down to the process of the divorce.  I have seen that happen more times than not.  Divorce somehow has a way of making the ugly come out in even the best people.  They are hurt and they want their spouse to feel their Read More

Marijuana and Decriminalization in Florida

The process of decriminalization of marijuana in Florida is slow, but occurring.  In all there are 14, counties, cities, and/or municipalities that have passed ordinances that give police officers the option to issue civil citations or fines rather than arrest a person who is caught with 20 grams or less of marijuana. It is important to note that in these cities or counties, the choice still lies with the individual Read More

StingRays and Your Right to Privacy

In 2014, the Florida Supreme Court protected privacy by ruling that it is a violation of the Fourth Amendment to track cell phone location data without a warrant.  Police departments in Florida and around the country have been using metadata from cell phones to track a person’s location in real time without obtaining warrant.  The ruling also covered the use of StingRays, a technology often used by law enforcement to Read More

Co-Parenting: For the Sake of Your Children

Divorce is a heart-wrenching experience.  I am speaking not only as an attorney, but also from personal experience.  It is even harder when you are undergoing it with children involved.  You tend to think that you know what is best for your children and that you are the parent that is doing things the “right way” for them.  It can be hard to remember that your children, in most cases, have another parent that loves Read More

Ways to Sabotage Your Own Criminal Defense

It may seem like common sense to not want to sabotage you own criminal case, but people frequently do things than can damage their own defense.  Below are the top issues that I have seen to cause problems for clients’ cases: Party Like a Rock Star Your goal during your criminal case is to remain free of any drama.  If you are out drinking, you can end up in a situation which may lead to activities or situations Read More

“Sexting” and Florida Law

Yes, “sexting” has been defined by Florida law and can been found in Florida Statutes section 847.0141.  Sexting is when a minor uses an electronic device to transmit a photo or video which depicts nudity and is considered harmful.  It is against the law to solicit and to be the recipient if the recipient does not report specifically to the minor’s legal guardian or to a school or law enforcement official within 24 Read More

What is Pretrial Diversion?

Pretrial Diversion programs are available usually only to first-time offenders to resolve their cases and successful completion results in the State dropping the charges.  The qualifications for these programs do differ from county to county.  First and foremost, the crime the defendant is accused of usually must be a misdemeanor.  In Polk County, the most common charges that defendants are offered diversion for Read More

Body and Dash Cameras

One of the first conversations I usually have with my clients that hire me for their criminal case here in Polk County usually involves something like, “get the body camera or dash camera footage; it will show you what happened.” Unfortunately, here in Polk County, there are no body cameras or dash cameras.  Our Sheriff has made it abundantly clear that he does not support such technology. However, the National Read More