Category: FAQ

  • What is the detained law in Florida?

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    In Florida, if you’re held, it means that you’re not free to leave, but you’re also not under arrest. Law enforcement can hold you if they have a reasonable suspicion that you’re involved in a crime. During a detainment, the authorities can ask questions, but you have the right to remain silent.

  • What is the time frame within which the state of Florida can accuse an individual of a crime?

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    The statute of limitations, which is the period allotted for charging an individual with a crime, differs based on the type of offense. For minor misdemeanors, the state has a maximum of two years to file charges. In the case of most felony offenses, it is generally three years. However, for severe crimes such as…

  • How long can an individual be detained in Florida?

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    If a person is arrested, they must be taken before a judge within 24 hours for a first appearance, where their bail will be determined and they will be informed of the charges against them. If a person is simply being detained (and not formally arrested), there is no specific time limit for the duration…

  • What is the 3 felony rule in Florida?

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    The “Three Strikes Law” in Florida, also recognized as the Habitual Felony Offender law, imposes harsher penalties on individuals who have been found guilty of any combination of three or more felonies, specific violent crimes, or qualifying offenses. Its purpose is to discourage repeat offenders by implementing severe consequences for multiple felony convictions.

  • What are the consequences of a DUI conviction?

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    A DUI conviction can result in serious penalties including license suspension, hefty fines, probation, mandatory community service, vehicle impoundment, and even jail time. The exact consequences depend on your blood alcohol level, whether it’s your first offense, and if there was any property damage or injuries.

  • What do I need to know before getting a divorce in the State of Florida?

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    Before initiating divorce proceedings in Florida, it is important to understand that it is a no-fault jurisdiction, which implies that there is no requirement to provide evidence of any wrongdoing by your spouse to obtain a divorce. At least one party must have maintained residency in the state for a minimum of six months prior…

  • What is not considered marital property in the state of Florida?

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    Marital property in Florida generally includes any assets or debts acquired during the marriage, regardless of whose name is on the title or account. This could include residences, automobiles, pension funds, and business stakes, as well as obligations. Non-marital or separate property in Florida typically comprises assets or debts that were owned by one party…

  • How long does a couple need to be in a marriage to receive half of the marital assets in Florida?

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    There is no specific duration stated to be eligible for half of the marital assets in Florida. The court examines several factors to determine a fair distribution, such as the length of the marriage, contributions made by each spouse, the economic conditions of both parties, and other relevant considerations.

  • What age are children most impacted by the dissolution of marriage?

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    The consequences of the dissolution of marriage on children can vary widely depending on their age, temperament, and the circumstances of the separation. However, research suggests that children of all ages can be impacted by the dissolution, with potentially significant effects on adolescents due to their understanding of the implications of the separation.

  • What is the 50 mile regulation in custody cases in Florida?

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    The 50-mile regulation in custody law in Florida refers to the provision that a parent can’t relocate more than 50 miles away from their current residence without court approval or the consent of the other parent if they share custody of a child.

  • Who is required to vacate the residence in a divorce in Florida?

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    Establishing which party is obligated to depart from the shared dwelling during a divorce frequently relies on the particular circumstances of the case. In instances involving allegations of mistreatment or intimate partner violence, the court may mandate that one spouse evacuate. Alternatively, in other scenarios, the court may not oblige either spouse to leave until…

  • What is considered a permanent injury in the state of Florida?

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    According to Florida regulations, a permanent injury typically encompasses a situation where an individual has a lasting impairment of a bodily function or a permanent disfigurement. This could involve enduring disabilities, disfigurements, or scars. Assessing whether an injury meets the criteria for permanence often demands medical evidence or testimony.

  • How long is the period of service?

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    The period of service depends on whether you are a petit juror or a grand juror, and where you have been summoned to serve. Period of service for petit jurors: Jurors are required to be on call for a period of one month unless otherwise indicated. Some service times are longer in length. During your…

  • How many days do the trials typically last?

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    Jury trials can vary in length, ranging from a single day to multiple weeks. On average, trials run for approximately 2-3 days. If you have any concerns regarding the duration of your jury service, you will be able to inform the judge about any hardships you may face.

  • What fees are paid to jurors?

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    Individuals serving as jurors receive a payment of $50.00 per day for each day they are present, and an extra $10 per day after 10 consecutive days of service. Individuals who are employed by the federal government are ineligible to receive the attendance fee. Jurors are also entitled to a mileage fee (the current rate…

  • What should I do if I reside far away and cannot come to court on the same day?

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    Individuals serving as jurors who are unable to make the drive to court because of the distance they live (at least 60 miles one-way or more) should reach out to their local Jury Administrator to discuss the situation. After obtaining prior approval, the court will permit jurors with exceptional circumstances to stay overnight on the…

  • How can I make a complaint against a judge?

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    How do I file a complaint against a judge? The complaint process is not intended to address complaints related to the merits of a case or a court’s decision. Any person alleging that a judge of the country has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts,…

  • What is a Self-Represented Litigant?

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    If you cannot find a legal firm to represent you, you can pursue your lawsuit by appearing without representation or pro se, a Latin phrase meaning “for oneself.” If you file a lawsuit and represent yourself, you are the “plaintiff.” If someone sues you, you are the “defendant.” In either case, you can appear pro…

  • How much will it cost to hire a legal representative for my case?

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    The lawyer will meet with you at your initial consultation in an effort to determine how complicated your particular case is. At the conclusion of the initial consultation, the lawyer will advise you as to their requested retainer. All personal injury cases are taken on a contingency fee basis. This means that you do not…

  • What is a retainer?

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    A down payment paid to a legal professional to engage his or her services based upon the estimated projected time your case will require. To ensure the best representation possible, a law firm, as with most, can only handle a limited number of cases. Acceptance of your retainer obligates the law firm to represent your…

  • How long will I have at the initial consultation?

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    Typically, it lasts between 30 ? 45 minutes, but every lawyer will strive to allocate sufficient time to discuss your inquiries and worries.

  • What occurs during mediation?

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    Typically, the participants initially gather as a group, and the mediator explains the forthcoming events and the ground rules. The participants sign a confidentiality agreement. If necessary, each participant presents a brief statement of the conflict. The participants will either remain in the same room while exploring options or the mediator will separate them into…

  • What are our chances for success?

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    The good news is that most mediations are successful ? generally anywhere between 80% to 90% of cases end up in mediated resolution. Both parties do have to come to the table in good faith to try to resolve the issues. In summary, the mediation process generally helps people reach agreements.

  • What disputes are suitable for mediation?

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    Mediation is suitable for most disputes, including employment disputes, property disputes, business disputes, personal injury and malpractice disputes among other types of disputes.