Christopher Emmanuel Benjamin’s Answers

Christopher Emmanuel Benjamin

Miami General Practice Lawyer.

Contributor Level 10
  1. Can a cop use my words against me if he hasn't read me my rights?

    Answered over 1 year ago.

    1. Christopher Emmanuel Benjamin
    2. Aseal F Morghem
    3. Mikolaj Tytus Tempski
    3 lawyer answers

    My colleagues are both right. If you were not in custody and you were not be interrogated but made an unsolicited "joke" that gave evidence toward your possible criminality, then that "excited utterance" or "admission against interest" or simple assertion could be used as bases of establishing probable cause for an arrest or a search, etc ... Make sure you consult an attorney that can go over all your rights and possible defenses.

    Selected as best answer

  2. Can i adopt my daughter back from my parents ?

    Answered over 1 year ago.

    1. Christopher Emmanuel Benjamin
    2. Lawrence John Gibney Jr.
    3. Joseph Gufford III
    4. Earl Kenneth Mallory
    4 lawyer answers

    I agree with Joseph in that the adoption of your 18 year old should be rather simple but still would require a lawyer to guide you through the process. The minor child's adoption would seem difficult a first glance but with the consent of the adoptive parents (who are consenting to having their parental rights terminated) you should be able to accomplish this task. The possible hiccup that has been alluded to is that in the proceedings to terminate parental rights that judge may inquire as to...

    Selected as best answer

  3. Do I need a lawyer if my husband I have no kids or house to divide and we have both agree to pay half our debt?

    Answered about 2 months ago.

    1. Christopher Emmanuel Benjamin
    2. A. James Mullaney III
    3. Jeffrey David Boston
    4. Michael T Mackhanlall
    5. Barbara Ann Cossu
    5 lawyer answers

    Honestly, not really - Florida has simplified divorce proceedings for couples who have no kids, no assets and no debts; however, you must both complete the petition together and both must attend the final hearing. You may find free firms and instructions at www.flcourts.org/family forms. I would also suggest a legal consultation to get an understanding of the process and requirements.

    4 lawyers agreed with this answer

  4. If while in court they ask me a question l feel to be self criminated, can I reply: " I exercise my rights to remain silence?"

    Answered about 2 months ago.

    1. Andre Alexander Rouviere
    2. Christopher Robert Dillingham II
    3. Christopher Emmanuel Benjamin
    4. Mark H Randall
    5. James Kaye Weick Jr.
    6. ···
    9 lawyer answers

    It depends on whether you are in civil or criminal court; even in civil proceedings you must testify under oath - in this situation you can invoke your right to remain silent if answering the question could subject you to criminal investigation or prosecution. Seek a complete legal analysis to get a complete understanding of your constitutional rights.

    4 lawyers agreed with this answer

  5. Best form of property ownership for husband and wife with minor children

    Answered about 2 months ago.

    1. Pamela Thea Higer Polani
    2. Joseph Franklin Pippen Jr.
    3. David Michael Goldman
    4. Christopher Emmanuel Benjamin
    5. Eric Jerome Gold
    5 lawyer answers

    There's really a number of things to consider and a full consultation should be sought from The Barrister Firm; however consider this: A property that is own by husband and wife and maintains homestead status is called tenants by the entireties (meaning owners are married) In this form, the property would go to the surviving spouse (generally speaking) because in this form it transfers by the principle of "right of survivorship" which means that when one tenant (owner) dies the property goes to...

    4 lawyers agreed with this answer

  6. One car accident can the passenger sue the driver if the passenger signed a refusal of treatment and left the scene?

    Answered over 2 years ago.

    1. Ryan S Montgomery
    2. Joseph Torri
    3. Jeffrey Mark Adams
    4. Christopher Emmanuel Benjamin
    5. Thomas O. Sanders IV
    5 lawyer answers

    While I understand the instinct to be considered with whether yo are liable for damages, you don't have to be concerned about this issue because it is why you buy insurance in the first place - so you don't have to worry about these issues. Your insurance will investigate the claim and if necessary they will pay for damages or defend against any possible lawsuit.

    5 lawyers agreed with this answer

  7. My sister in law is occupying the deceased parents house, past judgments are stopping the sale

    Answered over 1 year ago.

    1. Christopher Emmanuel Benjamin
    2. Pamela Thea Higer Polani
    3. Carol Anne Johnson
    4. Robert Miller
    4 lawyer answers

    I think that you must be sure that those deeds were not recorded because if they were not recorded, then any judgment by your siblings (that were named in the deeds) would not attach to the property. Even if they were, it depends on the state of each judgment. Were they properly executed such that a lien was "perfected" against the property. Judgment creditors have very specific recording requirements in FL and any mistake in those rules will prevent the intended lien. Did the judgments...

    Selected as best answer

  8. I PAID 4k for a fat transfer surgery but I did not get the surgery done. IS the deposit really nonrefundable ?

    Answered about 2 months ago.

    1. Christopher Emmanuel Benjamin
    2. Jon Friedman
    3. Philip Anthony Fabiano
    4. Dana N Morris-Brooks
    5. Christian K. Lassen II
    5 lawyer answers

    It will really depend on the terms of the contract and whether this "emergency"!falls whin an exception to those terms. There may also be general defenses that excuse your absence from the procedure. You should consult with the Barrister Firm for a full evaluation.

    3 lawyers agreed with this answer

  9. If I file for child support will that speed up the process for child custody or visitation rights?

    Answered almost 4 years ago.

    1. Christopher Emmanuel Benjamin
    2. David Jule Gruskin
    3. Gregory Thomas Buckley
    4. John M. Cullum
    4 lawyer answers

    The answer to your question is simply No. The filing for child support with the Child Support Enfocement Division of the State's Attorneys Office does not speed up the process in the Father establishing his rights under the law. The fact of the matter is that most times that this process is taken the Father is ordered to pay child support and that is where the case ends (especially if the Father does not seek legal counsel). The reason for this is that the Court that handles child support is...

    Selected as best answer

  10. I retained an attorney in Florida to handle my divorce, I have paid nearly 10,000 in fees over the last 14 months, because I am

    Answered about 2 months ago.

    1. A. James Mullaney III
    2. Christopher Emmanuel Benjamin
    3. Temi Nicole Zeitenberg
    4. Joseph Gufford III
    4 lawyer answers

    She will more than likely withdraw her request to withdraw upon your payment ... Sorry that you are having that experience.

    2 lawyers agreed with this answer