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Ethan Andrew Way

Ethan Way’s Answers

135 total


  • I have spent 20k on a criminal defense attorney, but like most attorneys here once they have your money there is no incentive.

    I was swat teamed and arrested on a plane, never read my rights, was manhandled and verbally assaulted by the Bay County Sheriff's. I am a single mom who never even has had a traffic ticket. I have life threatening conditions which they did no...

    Ethan’s Answer

    The $20,000.00 figure is not shocking. If you are seeking a different attorney, consult with one or more in Tallahassee and/or Pensacola.

    My suspicion is your current counsel if doing a thorough and professional job. Since you are on this forum, I presume you thoroughly vetted your current counsel and selected able and competent counsel.

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  • What can I do to get injunction lifted

    I had been charged with two counts of sexual assault on my two teenage step daughters and at time of arresst I had an injunction placed on me. Well the charges were false and stalte dropped them but now dcf is not removing injunction and is now a...

    Ethan’s Answer

    I gather from this post that there is an Order from a Dependency proceeding brought about by DCF. You should have an attorney in the Dependency proceeding, and you should seek their counsel. IF, the Dependency matter is closed, that is a fact a lawyer would need to know.

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  • What are my rights as the mother when my sister has temporary custody as for them staying the night with me or how often I see t

    My children where in a horrible car wreck and my son died. During finding out if he was still alive my sister asked me to sign temperorary custody to her. She promised me I could live there to help rehabilitate my other 3 children. I was also told...

    Ethan’s Answer

    You need the services of a family law lawyer to go back before the Court and have the temporary order dissolved. However, if there are facts not presented here (DCF and/or criminal orders) then that would be something you and your lawyer would need to clear up.

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  • If your pulled for speeding does a speeding ticket have to be given? Or does a failure to obey traffic control ticket suffice?

    I got pulled over for speeding but was given a ticket for failure to obey a traffic control. The officer a member of FWC(Florida Wildlife Commiss) did not have a radar detector. I also DWLSR for reasons that will not be disclosed. Im just looking...

    Ethan’s Answer

    It's hard to gauge what you are looking for in terms of information. Yes, FWC officer can pull you over, anywhere in the State of Florida. Failure to Obey is usually running the stop sign type ticket, which is many cases less expensive than a speeding ticket. And it looks like you avoided a DWLS/R charge, which could be criminal.

    But as for what "legally" has to be "executed" - I can't tell from this question.

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  • Co-defendant restitution joint or severally

    do I have to pay all the money for a joint case, or is the other defendant supposed to pay as well. what happens if I dont pay it all, will they have to pay their share?

    Ethan’s Answer

    • Selected as best answer

    The previous answers are correct about the fact that each defendant is "on the hook" for the whole amount. Generally, in Tallahassee at least, if you pay your percentage (2 Defendants = 50%, 3 Defendants = 33.33%) then usually the probation officer will confirm where your co-Defendants are in their payments. Sometimes your restitution can be suspended to see how the other Defendants are coming along. As with most things, it doesn't hurt to ask.

    Consider discussing this detail with your attorney.

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  • When to file a 12.922(a) & (b) ? 20 days after the respondent was served or 20 days after the RETURN OF SERVICE OF SUMMONS?

    This is a Florida family court in collier county. Also what would happen if the respondent file a respond after I already filed 12.922(a) & (b)?

    Ethan’s Answer

    The Return of Service will show the service date. After the 20 day period for response passes, you can seek a Default from the Clerk. If the Respondent files an answer or motion prior to the Default being entered, the Clerk will not issue the Default.

    Once you have the Default, you can proceed to a Final Hearing on the Petition.

    Now, if you filed a Motion, bear in mind that a Motion does not require a response, so even if you obtained a Summons, there is no requirement to respond.

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  • For a marriage to be official, do the bride and groom have to say, "I do"?

    I attended a Tampa area wedding yesterday. The wedding was held outside, and there were frequent gusts of wind. One gust disturbed the pages from which the minister was reading, and he skipped from the middle of the ceremony right up to the "you...

    Ethan’s Answer

    Assuming the marriage license is properly filled out by the officiant, yes, the marriage is legal. There are no "magic words" said by the officiant to make a marriage "legal." The idea is to get the consent of the parties and the verbal commitment.

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  • I am a disable vet, married 16 years but only 7 of those were during active duty.

    I am a disable veteran, married 16 years but only 7 of those were during active duty. I receive VA pension, VA disability, SS Disability and a small civilian pension. Amounts to about $85K per year. She has full time job and makes around $90K a...

    Ethan’s Answer

    I also think you asked a previous question about the house situation. Florida does not recognize "legal separation" and depending on your soon to be ex wife's desire to litigate, you need counsel.

    You should have a sit down consultation with an experienced family law lawyer in the Broward County area.

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  • I am in the middle of a vexatious divorce that has cost me everything. Is there a way to push the pause button?

    The divorce started (2 1/2 years ago) when she asked for the divorce to be with her boyfriend. We have two minor children in common and share custody 48%/52%. She has sole temporary use and custody of the marital home. Her boyfriend moved in an...

    Ethan’s Answer

    I don't think the court would be inclined to stay the proceedings based on the facts you have presented. The facts you have set forth, although limited, may provide for some relief. Have you sought representation from a local bar organization? Perhaps there is a law school program you can utilize in the Boca Raton area.

    Pragmatically, her lawyer will oppose any attempt for you to regroup and mount a challenge. But you should be able to get help getting your filed motion heard.

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  • How do I get my record expunged?

    Got into trouble 2010. Burglary of a Structure and Vehicular theft

    Ethan’s Answer

    I agree with Ms. Glenn's answer. If the charges we dismissed or dropped, you may be eligible for expungement. If you accepted a plea agreement or were sentenced by the Court, but adjudication was withheld, you may be eligible to have your record sealed.

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