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Ronald Scott Lowy
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Ronald Lowy’s Answers

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  • I want to file a divorce and my husband been in jail for 5 yrs. dose he have any right to the home we own.

    The mortage is under my name and he's never made a payment. the deed is in both names.

    Ronald’s Answer

    Because the deed is in both your names, your housband initially is entitled to a half interest in your home. However, if you have been making all payments and your husband has not participated in making payments, then the Court may award you a special equity of a greater percentage of the property under its equity powers. It is important for you to confer with a lawyer about the details of your property purchase, who made the down payment and payments. It is also helpful that he is not on the mortgage as it suggests he took no responsibility for the payments whatsoever. I also wonder why your husband is incarcerated because the type of charge and ultimate sentence could be helpful in devising a solution such as a long-term monthly payment plan to his commissary in return for his release of the home.

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  • IS IT POSSIBLE THAT I CAN SUE THE COUNTY JAIL FOR WRONGFULLY ACCUSING MY HUSBAND FOR A CRIME HE DIDNT COMMIT

    HE WAS TOLD TO COME IN FOR QUSTIONING BY A DETECTIVE STATING THAT HE WAS APART OF A BURGALRY THAT TOOK PLACE AROUND THE CORNER FROM HIS MOTHERS HOUSE! WHAT SHOULD I DO?

    Ronald’s Answer

    Under Florida law the government is inherently immune from suit based upon a principle called sovereign immunity which comes from English law (our predecessor legal doctrine) and means you can't sue the king. Fortunately in Florida, the Legislature has passed a special law allowing suits for up to $100,000 against the government in special circumstances. Wrongful arrest is one of those circumstances but requires proof that the governmental officers or entity knew a person was not guilty when they detained or arrested them. In other words, one must show bad faith on the government's part. If you prevail in such a suit for wrongful arrest then you could also petition the legislature for a "Special Bill" to allow you a greater award than $100,000 but first you must win a judgment in court for that higher amount.

    I am sorry to hear what happened to your husband and hope this information is of help to the two of you.

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  • How long does it take for an attorney to file motion for a judge to release a person under the custody of parents on a

    misdemeanor case of violation of a restraining order and how long does it take to get a decision from that judge

    Ronald’s Answer

    A Florida attorney may immediately file a motion for release in a misdemeanor case concerning a violation of a restraining order. This, of course, does not mean that a Judge will grant the motion however. The motion must present adequate evidence as to why the alleged violator will not be a further danger to the community or victim. It would probably be wise to include suggestions like use of an ankle monitoring device and house arrest to persuade the judge to release a violator. restrictions on use of computers and phones may likewise be appropriate if the violation included use of such devices.

    The more difficult question is how long it will take a judge to rule on such a motion. Each judge is permitted his or her own rules and policies as to when such motions are heard. most judges grant a hearing on such motions within a few days and rule at the time the motion is heard or shortly thereafter.

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  • I have a dui and possesion charges. I am in school and i work full time on top of raising my 2 baby boys.I was just wondering

    if i have a past criminal history would i qualify for at least house arrest. I dont want to lose my job i am suppose to graduate soon and most of all I do not want to leave my babies! I blew under the limit i almost feel like i want to fight all o...

    Ronald’s Answer

    You advise you have a "past criminal record" without advising if you have had a prior DUI or drug possession charge. In Florida, on a first DUI, you may usually avoid jail time and be eligible for"First Time DUI Penalties" which involves probation, fines, DUI classes and related first time penalties (assuming no accident or injuries involved).

    As to the Drug Possession charge, you should determine if you are eligible for your County's Drug Court Program. Most Florida Drug Court Programs operated by the County Court system will allow you to participate and receive counseling and drug testing and thereafter give you a withhold adjudication or dismissal if you have not previously participated in a drug treatment program. Your prior criminal history can alter this depending on the type of charge and date of conviction, if any.

    It is critical you seek an attorney to assist you in these matters who can conduct a full background interview and analysis of the charges and review the evidence in your case.

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