Frequently Asked Questions

Criminal Law FAQs

When am I under arrest?
You are under arrest when law enforcement officers take you into custody or deprive you of your freedom of movement in order to hold you to answer for a criminal offense.

Can an officer detain me without arresting me?
An officer may require you to identify yourself and explain your presence at a particular time. If the officer believes you are armed and may be dangerous, the officer may conduct a limited search of your clothing. The officer may question you. You can decide not to answer, but the officer may use your refusal to identify yourself as the basis for making an arrest. At the conclusion of this temporary detention, the officer must either arrest you or let you go.

What should I do if I have been arrested?
If you have been arrested, answer all questions about your identification – such as your name, address, and birth date – truthfully. You have a right to refuse to answer self-incriminating questions and a right to have your attorney with you while answering questions.

What happens after I am arrested?
The officers will take you to a police station, jail, or other detention facility. You will be advised of the charges against you. You will be given an opportunity to contact an attorney. You may be asked to provide samples of your hair, blood, breath, etc. If you refuse to provide these samples, a request for a court order to obtain these samples may result. You will be processed into the jail and taken before a magistrate or judge as soon as possible to receive additional legal warnings if you do not post bail.

How soon can I be released if I have been arrested for D.U.I.?
Under Florida Law, persons arrested for D.U.I. can be released when:

• The person is no longer under the influence and;
• The person's normal faculties are no longer impaired;
• The person's blood/breath alcohol level is lower than 0.05; or
• Eight hours have elapsed from the time the person was arrested.

What is the difference between a misdemeanor and a felony?
The difference between a misdemeanor and a felony depends on the severity of the crime. A misdemeanor is generally a crime where the maximum penalty is one year or less in jail and fines of up to $2,500. Conviction of a felony can result in jail or prison time for more than one year, up to $25,000 in fines, and can also result in other serious legal repercussions.

Does every case involve a trial?
No. Every criminal defendant has a right to a trial, but in many cases a defendant and his or her attorney can reach a favorable settlement of the charges which can help the defendant avoid the cost, stress and notoriety often surrounding a trial.

What is the difference between having a criminal history record sealed and expunged?
When you have a criminal record sealed, it is not accessible to the public; however, some governmental entities have the ability to access sealed record information. When a record has been expunged, the entities that might have been able to access sealed information will only be able to discover that you had a record expunged, but not what was in the record.

What is the 10 Day Rule?
Under the 10 day rule, you can continue to drive for ten days after being arrested for D.U.I. unless you are ineligible, for example, if your license was already suspended prior to your arrest. However, in order to protect your license, you must file a request for a formal review hearing within that ten day period.

Family Law FAQs

Q. Do I need to show “grounds” to get a divorce in Florida?
A. No. Florida is a “no fault” state, which means all a party needs to plead in order to be granted a divorce is that “the marriage is irretrievably broken.”

Q. What is included in the “marital assets” divided in a divorce?
A. As a general rule, all property acquired during the marriage is considered part of the marital assets subject to “equitable distribution.” This includes your house, cars, furniture, bank accounts, investment assets, business assets, retirement accounts, insurance, pensions and other assets.

Q. What is a marital debt?
A. A "marital debt" is a debt that is directly traceable to the acquisition of marital property.

Q. Can one spouse be forced to pay the debts of the other? Can one spouse be forced to pay joint debts of the parties?
A. A court may not require one spouse to pay the sole obligation of the other, or to satisfy joint obligations of the parties. However, if one parent gets use and possession of a house or car, for example, the other parent can be forced to contribute to the mortgage or car payment.

Q. What is Shared Parental Responsibility?
Shared Parental Responsibility is the legal presumption in Florida. It means that, unless one parent is shown to be unfit, the courts will assume both parents should be actively involved in their children's education, health and welfare.

Q. What is Primary Residential Custody?
A. Primary residential custody is, essentially, where the children live. It is decided by the court based on an evaluation of factors including: which parent is more likely to allow contact and encourage a close relationship with the other parent; emotional ties; which parent who can meet the child’s needs with food, clothing, medical care and a stable, satisfactory and permanent environment; mental and physical health of the parent; moral fitness; home, school and community record of the child; the reasonable preference of the child, if he or she is of sufficient intelligence, understanding and experience to express a preference; history of domestic violence; and any other fact considered by the court to be relevant.

Q. How is child support determined?
A. Florida has adopted child support guidelines based on the net monthly income of each parent.

Q. What is a prenuptial agreement?
A. A prenuptial agreement, also called an antenuptial agreement, is a written contract between prospective spouses settling alimony and/or property rights of parties upon divorce. A prenuptial agreement may also include provisions concerning distribution of a decedent spouse's property.

Q. What is "alimony"?
A. Alimony is the payment of money for support of a spouse or former spouse at stated periods (monthly or weekly, usually) during the joint lives of the parties so long as they are separated.

Q. Can an alimony award be modified?
A. Yes. The court can modify an alimony award upon a showing of a substantial change in circumstances justifying a modification.

Q. Is alimony taxed as income?
A. Yes. Alimony is taxable to the payee and deductible by the payor, provided it meets the tax code's definition of alimony and the parties have not agreed to make it nondeductible.