Frequently Asked Questions
Get the Answers You Need on Criminal Defense, Family Law, and Personal Injury
Criminal Defense
As an individual arrested in Florida, you have the right to remain silent, the right to an attorney, and the right to be treated humanely. It’s important to invoke these rights immediately upon arrest and to contact a criminal defense attorney as soon as possible.
When you’re arrested in Florida, you’ll typically be taken into custody by law enforcement. You’ll be informed of your rights (often referred to as Miranda rights), which include the right to remain silent and the right to an attorney. You’ll then be transported to a local jail for booking, where your personal information and the alleged crime will be recorded. You’ll also likely be fingerprinted and photographed.
Florida’s Stop and Identify statute (Fla. Stat. §901.151) allows a police officer to detain you to ascertain your identity if they reasonably suspect you are committing, have committed, or are about to commit a crime. In such a situation, you are required to truthfully state your name.
In Florida, if you’re detained, it means that you’re not free to leave, but you’re also not under arrest. Police can detain you if they have a reasonable suspicion that you’re involved in a crime. During a detention, the police can ask questions, but you have the right to remain silent.
The timeframe for charging someone with a crime, known as the statute of limitations, varies depending on the nature of the crime. For some misdemeanors, the state has up to two years to file charges. For general felonies, it’s typically three years. For some serious crimes, like murder or certain sexual offenses, there is no time limit and charges can be brought at any time.
If you’re arrested, you must be taken before a judge within 24 hours for a first appearance, where your bail will be determined and you’ll be informed of the charges against you. If you’re simply being detained (and not formally arrested), there’s no set time limit for how long you can be held, but it should only be long enough for the police to investigate the suspected crime.
The “Three Strikes Law” in Florida, more formally known as the Habitual Felony Offender law, provides for enhanced penalties for individuals who have been convicted of any combination of three or more felonies, certain violent crimes, or qualifying offenses. It’s intended to deter repeat offenders by imposing severe consequences for multiple felony convictions.
A DUI conviction in Florida 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.
Florida’s Stop and Identify statute (Fla. Stat. §901.151) allows a police officer to detain you to ascertain your identity if they reasonably suspect you are committing, have committed, or are about to commit a crime. In such a situation, you are required to truthfully state your name.
Florida’s Stop and Identify statute (Fla. Stat. §901.151) allows a police officer to detain you to ascertain your identity if they reasonably suspect you are committing, have committed, or are about to commit a crime. In such a situation, you are required to truthfully state your name.
Family Law
Before filing for divorce in Florida, you should know that it’s a no-fault state, which means you don’t need to prove any wrongdoing by your spouse to get a divorce. At least one spouse must have been a resident of the state for at least six months prior to filing. Florida uses an “equitable distribution” standard for dividing marital assets, which means assets are divided in a fair, though not necessarily equal, manner.
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 homes, vehicles, retirement accounts, and business interests, as well as debts.
If the house was purchased during the marriage, it is typically considered marital property and may be subject to division during the divorce, regardless of whose name is on the deed. The specific division of assets, however, depends on many factors and is not automatically 50/50.
There’s no set time frame to be entitled to half of the marital assets in Florida. The court considers a variety of factors in determining equitable distribution, including the length of the marriage, the contributions of each party to the marriage, the economic circumstances of both parties, and more.
Non-marital or separate property in Florida generally includes assets or debts that were owned by one spouse before the marriage, inheritances or gifts received by one spouse alone during the marriage, and assets or debts that the couple agrees to treat as separate property.
The impact of divorce on children can vary widely depending on their age, temperament, and the circumstances of the divorce. However, research suggests that children of all ages can be affected by divorce, with potentially significant effects on adolescents due to their understanding of the implications of divorce.
The 50-mile rule in Florida custody law refers to the provision that a parent can’t move more than 50 miles away from their current residence without court approval or the other parent’s consent if they share custody of a child.
Determining who must leave the marital home during a divorce is often dependent on the specific circumstances of the case. If there are allegations of abuse or domestic violence, the court may order one spouse to leave. In other cases, the court may not require either spouse to leave until the divorce is finalized and the property division is decided.
Child support in Florida is calculated using the Income Shares Model, which takes into account both parents’ income, the number of overnights the child spends with each parent, and the child’s healthcare and childcare costs.
Personal Injury
The recent changes in Florida’s personal injury laws, specifically with the enactment of HB 837, include key alterations in how medical damages and statutes of limitations are handled:
Calculation of Medical Damages: The new law introduces specific guidelines for the calculation of medical damages in personal injury and wrongful death cases. It outlines the evidence that a factfinder must consider during these calculations, providing a standardized approach to evaluating the value of medical damages.
Statute of Limitations: The law also changes the statute of limitations for general negligence cases. Previously, such claims had to be brought within 4 years of the incident, but under the new law, this period has been reduced to 2 years.
The length of time it takes to settle a personal injury case in Florida can vary widely, depending on the complexity of the case, the severity of the injuries, the number of parties involved, and the willingness of both sides to negotiate. Cases can be settled in a matter of months if they are straightforward and both parties are cooperative, but more complex cases could take several years to reach a settlement or trial verdict.
In Florida, emotional distress is generally considered a form of personal injury, but it is not categorized as a “bodily” injury. Instead, emotional distress falls under the umbrella of non-economic damages in a personal injury claim, which also include pain and suffering, loss of enjoyment of life, and other psychological injuries. To claim damages for emotional distress, it often needs to be proven that the distress is linked to a physical injury or that the defendant’s conduct was intentional or extremely reckless.
Under Florida law, a permanent injury generally refers to a condition that leaves a person with a permanent impairment of a bodily function or a permanent disfigurement. This could include permanent disabilities, disfigurements, or scars. The determination of whether an injury is considered permanent often requires medical evidence or testimony.
Florida is a no-fault state when it comes to car accidents, which means each person involved in an accident turns to their own auto insurance policy for payment of medical bills and other out-of-pocket losses, regardless of who was at fault for the accident. However, a person may step outside the no-fault system and file a lawsuit against the at-fault driver if their injuries are considered serious under the law’s definition, such as significant and permanent loss of a bodily function, permanent injury, or significant and permanent scarring or disfigurement.
