Alec Larkin Weber’s Answers

The attorneys in a family law case generally draft the final orders which address all issues, including child custody. The final order will either be based off of a ruling by the court following a trial on child support and other issues, or by agreement of the parties through negotiation. Based on the caseload, it is rare for the judge or the court to draft a final order.

Florida uses the contributory negligence system when determining damages in an accident. You not wearing your seat belt from an accident is considered contributory negligence on your part. As for how much percentage of a settlement should be deducted, there is no set amount. It all depends on the injuries, and whether those injuries could have been prevented by wearing your seat belt. I suggest you speak to your attorney, or if you do not have an attorney and are working with the insurance...

As my colleagues have advised, you need to speak with a criminal defense attorney. If this arrest was within the past couple of days, a criminal defense attorney might be able to get in front of this matter before the State formally charges you. In the event the State does charge you, if the situation is as you describe, a criminal defense attorney might be able to get the assigned prosecutor to drop the case against you. Feel free to contact my office if you would like a free...

The outcome will depend on the circumstances surrounding the arrest, as well as how strong of a case the State Attorney has. If a Defendant cannot afford to hire a private attorney, a public defender will be appointed if a Defendant meet is found to be indigent. The small prior record will likely help with a more favorable outcome, but it is difficult to truly evaluate the outcome without doing a full consultation.

To expunge your record, you would have to successfully complete your probation, and have gotten a withhold of adjudication on the charge. You further can never have been adjudicated guilty of a crime prior to this fraud charge. As for the early termination of probation; you must complete all the terms and conditions of your probation, and serve half the probationary sentence. If you were put on probation for 2 years, and have served one year, then you should have served enough time to early...

There will be a hearing on the motion to set aside the clerk default. These types of motions can get fairly technical. If there is a good reason for the late response, there is a good chance the judge will grant the motion to set aside the clerk default, especially since the answer was only filed three days late. The Florida case law is pretty clear that the court favors hearing a case on the merits, rather than allowing a win on a technicality. I don't suggest entering a custody battle...

A process server can either be a sheriff of the county in which the lawsuit is filed, or can be a private process server who is hired for money. Duval County allows for both private process serves and the sheriff to serve a lawsuit, so it could be either in your situation.

I would consult an attorney. The Legislature changed the law you were charged under in 2011. Not wearing your contacts is no longer a misdemeanor, but is actually a civil infraction. I had a similar case not too long ago. Most cops aren't up to date on this law change, but you shouldn't have been arrested. 322.16 License restrictions.— <b>(1)(a) The department, upon issuing a driver’s license, may, whenever good cause appears, impose restrictions suitable to the licensee’s driving...

My colleague gives sound advice. You could ask the State not to press charges, however, should there be other witnesses and/or physical evidence of the domestic dispute, then the State has the discretion to push forward with the case regardless of your wishes. An experience attorney has the potential to help resolve this matter before it gets out of hand. I suggest you contact a criminal defense attorney to discuss your husband's options. There are numerous questions that would need to be...

These are some very serious charges. Your son should seek legal counsel IMMEDIATELY. If your son was arrested, and given the charges I assume he has been, then he will be given a probable cause hearing to continue to hold him in jail within 48 hours of his arrest. The State has 33 days from the date of arrest to file an information on the charges to continue to detain him. If the State does not file the information then he should be released ROR. If the State does file an information...