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FAQ

Q: What happens after you get arrested for DUI?

  • After you are arrested for a DUI, the officer will ask you if you are willing to submit to breath/alcohol test to determine the amount of alcohol in your blood stream. If you refuse, your driving license will be suspended for at least 1 year and you will be taken to the local county jail. If you agree, you will be taken back to the police department where you will be observed for about 20 minutes before performing the test. The outcome is automatically printed out by the BAT machine. Then you will be taken to the county jail. At jail, you may be given a bail amount if there is a "duty judge" present otherwise, you'll have to wait for morning to make an appearance before the judge who may issue you a bail amount and other "pre-trial" conditions.

Q: What are the possible outcomes of a DUI?

  • By hiring an attorney, the lawfulness of any arrest may be evaluated and perhaps challenged in court. These challenged may result in the dismissal of charges like DUI. Otherwise, minimum mandatory sentencing guidelines will apply such as fines/costs, community service, Alcohol Safety Education classes, Victim Impact Program, and an impound of any vehicle registered to the defendant.

Q: How can I get in the least amount of trouble?

  • Hire a competent attorney who may evaluate all the facts of your case.

Q: What happens if I get arrested for drug possession?

  • That depends on the type and amount of drugs you have in your possession and your personal criminal history. If your charge is a misdemeanor, it's up to the arresting officer who you may release you from the scene. Otherwise, like all felony charges, you'll be taken into custody and wait for "arraignment" and your chance to see a judge who may issue you bail or other conditions of release.

Q: What is the difference between a misdemeanor and felony drug possession?

  • Florida Statute outlines which drugs fall under each category other than a few drugs like cannabus/marijuana which is considered a felony only if you are carrying more than 20 grams.

Q: I decided to file for divorce. what's next?

  • What paperwork is necessary depends upon what you and your soon to be ex share. If you have kids and a house or other property, the process will naturally be longer. Either way, you'll have to file a petition basically asking the court in the county where you reside to divorce you. That petition outlines your requests ex. custody of the kids, alimony, division of assets/debts etc. It is then personally delivered by a "process server" to your spouse who then has 20 days to file an answer with the court. Some settlement will follow or the matter is taken before a judge to decide.

Q: Why should I hire an attorney for a divorce?

  • Navigating all the paperwork, legal consequences and following all the rules required to actually get a divorce may be very complicated. An attorney may help with this process and objectively negotiate during what may be a very emotional time in someone's life.

Q: I was fired from my job, can I sue my former employer?

  • Traditionally, Florida is a right to work state which basically means that employers may hire and fire at will so long as they do not discriminate against some protected class like gender, age or race. In matters involving discrimination, you should contact the EEOC and the Florida Human Relations Commission as well as an appropriate attorney. Otherwise, your ability to sue is generally limited depending upon whether or not you had a contract for employment. An employment contract will secure your position and may give you the right to sue.

Q: Can an attorney help me with unemployment compensation?

  • If your application for unemployment is denied, an attorney may help you at a hearing on the appeal of that denial.

Q: After getting fired from my job my employer wanted me to sign some forms. Should I?

  • You should always to pay close attention to each and every document that you sign. There may be normal and ordinary paperwork that your employer asks you to sign for ex. indicating the return of certain equipment that had been issued you. On the other hand, if they ask you to sign some release of liability, you should ask to take the document home for review and seek the advice of an attorney who may help you understand the document before signing.

 

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