Joseph Cerino’s Answers

Joseph Cerino

Fort Myers Family Law Attorney.

Contributor Level 11
  1. Can the police come in my house and look through my son's computer without consent?

    Answered about 1 year ago.

    1. Michael Maz Raheb
    2. Dean George Tsourakis
    3. Joseph Cerino
    4. Grant Ian Schwarz
    5. Colleen M. Glenn
    5 lawyer answers

    Sounds like you may have a very good Motion to Suppress. Consult with a local criminal defense attorney ASAP.

    5 lawyers agreed with this answer

  2. If she wants to get a divorce and I do not, can I petition the court to have her pay my legal expenses?

    Answered about 1 year ago.

    1. Joseph Cerino
    2. William Charles Rosenfelt
    3. Ophelia Genarina Bernal-Mora
    3 lawyer answers

    Legal expenses are usually awarded when one spouse is in a much better financial position than the other, or when one spouse unnecessarily causes excessive legal fees. If one spouse wants a divorce, you will be divorced. I do not know of any statutory or case law that requires a spouse to pay legal fees just because the other spouse did not want the divorce.

    5 lawyers agreed with this answer

  3. So who qualifies for a public defender? Is it because the charges are so high in points-? I am a teacher and can not afford

    Answered about 1 year ago.

    1. Joseph Cerino
    2. Matthew Ryan Gunter
    3. John Joseph Joyce III
    4. Justin Gary Hausler
    5. James Stevenson Fisher
    6. ···
    6 lawyer answers

    Qualifying for a public defender is based on income and assets. Have you tried to consult with a local criminal defense attorney, or are you assuming the retainer would be so high? If you haven't done so, set up an initial consultation with a local criminal criminal defense attorney.

    5 lawyers agreed with this answer

  4. Can a felony case be reopened after nole contedre and expunged?

    Answered over 1 year ago.

    1. Jason Michael Reid
    2. Joseph Cerino
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    By PTD, do you mean Pretrial Diversion and the case was dropped? Or did you plea nolo contendre (no contest) and get probation and a withhold of adjudication? Either way, the answer to your question is no.

    5 lawyers agreed with this answer

  5. Was my 4th Amendment right breached during a routine traffic stop? And if so, can my case be thrown out?

    Answered over 1 year ago.

    1. Brenda A Drake
    2. Joseph Cerino
    3. William A. Jones Jr.
    4. Martin Golab White
    5. Alexander Mchenry Memmen
    5 lawyer answers

    Sounds like you may have a good motion to suppress. Consult with a local criminal defense attorney immediately.

    5 lawyers agreed with this answer

  6. When a company does a criminal background check, would a misdemeanor battery charge be on there if its not a felony charge?

    Answered almost 2 years ago.

    1. Ricardo Rivera
    2. Craig A. Epifanio
    3. Joseph Cerino
    4. David S Katz
    5. William David Umansky
    6. ···
    6 lawyer answers

    A background check will usually catch a misdemeanor. An expungement would be beneficial. Contact a local criminal defense attorney for an initial consultation. Only some records are eligible foe sealing and/or expungement.

    5 lawyers agreed with this answer

  7. What happens at a VOP Revocation Hearing in Lee County? Is fate decided right then?

    Answered 11 months ago.

    1. Joseph Cerino
    2. Michael Maz Raheb
    3. Dean George Tsourakis
    4. Justin Gary Hausler
    5. Spencer Alan Cordell
    5 lawyer answers

    If this is your first court date since being arrested you will probably get a continuance if you ask. You should schedule a consultation with a local attorney as soon as possible. It's always better to go into court with an attorney.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I'm on Community Control with the Florida Department of Corrections.

    Answered about 1 year ago.

    1. Arthur Brian Brandt
    2. George C. Mangrum
    3. Joseph Cerino
    4. Michael Maz Raheb
    4 lawyer answers

    Continue to abide by your community control and try to finish up all outstanding requirements. Consult with a local attorney as soon as possible.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Modification of time sharing and child support

    Answered almost 2 years ago.

    1. Joseph Cerino
    2. Marian Audrey Lindquist
    3. Regina Powers Hunter
    4. Robert M Chambers
    5. Daniel A. Bachert
    5 lawyer answers

    The child support may be modified even if the judge does not grant the modification of time sharing. If your income went up $25K, it sounds like you have a substantial change in circumstances which may result in your child support being raised. I must respectfully disagree with my colleague regarding the standard for child support being need and ability to pay. That is the standard for spousal support. Child support is based on statutory guidelines that takes into account both of your incomes.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How likely is it that a judge would grant a relocation for my family due to my husband getting promoted to a new position?

    Answered 3 months ago.

    1. Joseph Cerino
    2. Alan James Brinkmeier
    3. Robert Jason De Groot
    4. Barbara Ann Cossu
    5. A. Cody Emerson
    5 lawyer answers

    Petitions for parental relocation are the most contested issue in the family law realm. It sounds like you have some good arguments. Consult a local experienced family law attorney to discuss this case further.

    4 lawyers agreed with this answer

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