WHAT DOES ARRESTED MEAN?  WHAT DOES ARRESTED MEAN?

Whether you are under arrest or not is a legal question. It is important to know what qualifies as an arrest because certain rights/Constitutional protections come in to play once a person has been arrested. An arrest has occurred when: (1) Someone with the authority to execute an arrest has the intention to effect an arrest. (2) The person has been detained and can be controlled. (3) The arresting officer communicates the intent or pupose of the arrest. (4) The person being arrested understands the intention of the arresting officer is to arrest and detain him.


ARREST WARRANT

Only certain situations require a warrant to make an arrest. The best example is that a warrant is required to make an arrests in a private residence. Arrest warrants are issued by judges. Law enforcement and prosecutors make written affidavits that request judge to issue an arrest warrant.

An arrest warrant: (1) must be in writing. (2) state the nature of the crime. (3) command that the person the officer made the complaint about be arrest and brought in front of the judge. (4) Specify the name of the person to be arrested. (5) State the date and county. (6) be signed by the judge with title of the office. (7) State the amount of bail and if bondable or not.

DRUG POSSESSION   DRUG POSSESSION


Florida, like many states, has stringent laws regarding drug possession, aiming to address the complex challenges posed by substance abuse. This article provides an in-depth look into Florida's drug possession laws, examining key aspects such as penalties, potential defenses, and the role of recent legal developments.

I. Classification of Controlled Substances:
Florida categorizes drugs into different schedules based on their potential for abuse and accepted medical use. Understanding these schedules is crucial as they influence the severity of penalties associated with drug possession offenses.

II. Possession Offenses and Penalties:
Florida law distinguishes between actual and constructive possession of controlled substances. Actual possession involves having physical control over the substance, while constructive possession pertains to situations where an individual has the ability and intent to control the drug, even if not physically holding it.
Penalties for drug possession offenses vary depending on factors such as the type and amount of the controlled substance, prior convictions, and whether the offense occurred within a specified distance of certain locations, such as schools or parks.

III. Potential Defenses:
Several defenses may be applicable in drug possession cases, including unlawful search and seizure, lack of knowledge, and improper handling of evidence. It is essential to consult with a qualified attorney to determine the most effective defense strategy based on the specific circumstances of the case.

IV. Recent Legal Developments:
Florida's legal landscape is dynamic, and recent developments may impact drug possession cases. Stay informed about changes in legislation, court decisions, and law enforcement practices that could influence the handling of drug-related offenses.

Navigating Florida's drug possession laws requires a nuanced understanding of the legal framework, potential defenses, and recent developments. If facing drug possession charges, seeking legal counsel is crucial to ensure the protection of rights and explore possible avenues for a favorable resolution. Stay informed, stay vigilant, and be aware of the consequences associated with drug possession in the state of Florida.

Practice Areas   PRACTICE AREAS


  • Family Law
  • Criminal Defense
  • Child Custody and Support
  • Divorce
    • Parental Responsibility
    • Parenting Plan
    • Equitable Distribution
    • Alimony
    • Child Support
    • High-Asset Divorce
    • Divorce Involving Businesses
    • Real Estate
    • Uncontested Divorces
    • Simplified Divorces
    • Domestic Violence
      • Temporary Restraining Orders
      • Injunctions
      • Stalking
      • Cyberstalking
    • DUI
    • Misdemeanors
    • Drug Possession
    • Risk Protection Orders

RISK PROTECTION ORDER  RISK PROTECTION ORDERS

Florida Risk Protection Orders (RPOs) have emerged as a controversial yet crucial tool in addressing public safety concerns. Enacted in response to tragic incidents, these orders aim to balance the need for intervention with the preservation of individual rights. This article explores the key aspects of Florida’s Risk Protection Orders, their implementation, and the ongoing debate surrounding their efficacy.

I. What are Florida Risk Protection Orders?

Florida Risk Protection Orders are legal mechanisms that allow law enforcement to temporarily confiscate firearms from individuals deemed to pose a significant risk of harming themselves or others. Enacted in 2018, these orders empower authorities to take preventive action when there is credible evidence of an individual’s potential danger.

II. Criteria for Issuing an RPO:

To obtain a Risk Protection Order, law enforcement, family members, or others close to an individual must present evidence to a judge demonstrating that the person poses a substantial risk. This evidence may include recent threats, violent behavior, or mental health concerns. The legal process involves a thorough examination of the presented evidence to determine whether the risk is imminent and significant.

III. Duration and Renewal:

Risk Protection Orders are temporary, typically lasting for up to one year. However, they can be renewed if the perceived risk persists. This time-limited nature ensures that the orders are not overly intrusive and are subject to regular reassessment based on the evolving circumstances.

IV. Controversies and Criticisms:

Despite their potential benefits, Florida RPOs have faced criticism from various quarters. Concerns range from potential misuse and lack of due process to questions about the effectiveness of disarming individuals in crisis. Striking the right balance between public safety and individual rights remains an ongoing challenge.

V. Impact on Mental Health:

One aspect often debated is the intersection of RPOs with mental health. Critics argue that the orders may discourage individuals from seeking help due to fear of legal repercussions. Advocates, on the other hand, emphasize the importance of addressing mental health concerns alongside gun safety to prevent tragedies.
Florida Risk Protection Orders represent a dynamic approach to mitigating the risks associated with firearm possession by individuals in crisis. As the state navigates the complexities of balancing public safety and civil liberties, ongoing evaluation and refinement of these orders are essential. The debate surrounding RPOs highlights the delicate task of crafting policies that effectively protect communities while upholding the principles of justice and individual rights.

FAMILY LAW & DIVORCE   FAMILY LAW & DIVORCE

INTRODUCTION

Research shows that divorce is the second most stressful situation that a person can go through in a time. First on the list is the death of a loved one. Other events on the list include moving, major illness, job loss, and jail time. This guide is no replacement for a professional to help you deal with your stress and it is certainly not legal advice. This guide is information and reliable, factual information can help people feel empowered. Also, you might find some information here that will help answer your questions or help you form better questions for your attorney, saving you some money.

NO-FAULT DIVORCE

Marriage is a legal relationship officially recognized by the state. Common-law marriage was abolished in Florida in 1967. Today, to have a valid marriage a couple must obtain a marriage license. A valid marriage cannot be terminated without the entry of court order. The Florida Legislature determines the terms upon which a divorce will be allowed. Chapter 61 of the Florida Statutes deals with Dissolution of Marriage. However, there are also Florida Rules of Civil Procedure, administrative rules, and case law that also apply to Dissolution of Marriage cases.

Before 1971, to obtain a divorce, the person filing for the divorce was required to prove that the other person was at fault for causing the grounds for divorce. Now, proving fault is not required and fault is mostly irrelevant. Only two grounds now exist that entitle a person to divorce: (1) the marriage is irretrievably broken OR (2) one of the spouses has been adjudicated mentally incapacitated under Florida law for at least three years.

The policy reasons behind no-fault divorce is to enable people to end their marriages as amicably as possible and to lesson the adversarial nature of divorce. Even the way parties are labeled in family law cases is different from other civil court cases. The person who files for divorce is called the "Petitioner" (instead of a "Plaintiff") and the other spouse is called the "Respondent"(instead of the "Defendant"). Filing first has little to no real impact in divorce cases. All 50 states are now some form of no-fault divorce states.

A marriage is irretrievable broken if the parties do not want to stayed married to each other any longer. In most cases, the Judge is not interested in inquiring in further detail about why the marriage is ending. If one spouse made the decision that the marriage should be terminated, then the marriage is broken. If one spouse denies that the marriage is irretrievably broken, it generally does not matter. However, a Judge can, in some narrow circumstances pause the divorce for up to three months to enable the parties to reconcile if the parties are willing.


FILE FOR DIVORCE


  1. Determine if you meet the requirements to file for divorce in Florida:

    You may file for divorce in Florida if either you or your spouse have been residing in Florida for the previous six months. (This is just one an example of a very black and white sentence that does not really inform the reader of all the nuances regarding issues of jurisdiction). If your divorce involves children, there are adittional requirements that must be met before Florida can make decisions regarding parenting and child support.

  2. Does your spouse own a business or corporation?

    There are always two parties to a marriage but in some cases there may be more. If your spouse owns a business or corporation sometimes there is good reason to name the business or corporation as party to the divorce; especially if you suspect the corporation is being used to cover up resources your spouse may have. This means that the corporation would be included as a "Defendant" in the divorce.

  3. Do you and your spouse jointly own property that cannot be physically divided?

    If you and your spouse own property that is jointly titled, for example a home, that cannot be divided into two pieces, you will need to request that the Court "Partition" the property so that the value of the home may be divided between the parties.

  4. What county should you file your divorce in?

    In most cases a divorce should be filed in the county where you reside or in the county where your spouse resides, or where you and your spouse last resided together as husband and wife.

  5. How is the divorce officially commenced?

    A dissolution of marriage is commenced by the filing of a pleading called a "Petition" with the Clerk of Courts in the County your divorce will take place. A pleading is a generic term for the primary document filed to begin a lawsuit. A dissolution of marriage is a lawsuit. There are several other supporting documents that are also required to be filed along with the Petition. In other types of civil cases, the initial pleading is referred to as a "Complaint".

  6. What information is required in a Petition For Dissolution of Marriage?

    It is imperative to have a properly drafted Petition because the Petition is where you notify the other spouse what you are wanting the court to decide. The things that you are seeking or asking for in your divorce are referred to as the "relief". The relief you are requesting depends on the circumstances of your marriage. If you do not ask for a particular kind of "relief" in your petition, the Court will not be able to grant you that particular kind of relief". For example, if your marriage involves children then you must address parenting and child support in your Petition. Another example might be, that if you are seeking alimony, you must include paragraphs that allege the basis for your request for alimony in your Petition. The same is true for property division and distribution of debts. A Petition must also include allegations concerning jurisdiction. A Petition that fails to meet the minimum requirements may be dismissed and cost you precious time and resources in the long run.

THE PETITION

Florida Rule of Civil Procedure 1.110 states that a pleading "Petition" must contain "a short and plain statement of the ultimate facts showing that the pleader is entitled to relief." However, in family law matters it is usually wise to include some narrative so that the court has an easier time understanding the unique circumstances of a particular family. Narratives should not include irrelevant information and should not be inflammatory. Discretions should be exercised when drafting a petition. The minimum requirements for a Petition for Dissolution of Marriage with Minor Children can be found in the Florida Supreme Court form 12.901(b)(1). The Florida Supreme Court Forms are designed to meet the bare minimum pleading requirements. Experienced attorneys do not typically use the forms but you should review them and read the instructions to better familiarize with the process.

MAP TO OFFICE

Location & Hours

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Naples, FL

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Weekends by Appointment
Available in Fort Myers


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12553 New Brittany Blvd
Fort Myers, FL 33907

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