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Randol Tracy Masters

Randol Masters’s Answers

161 total


  • I have my 4th court date coming up & I have carjacking , grand theft & burglary do you think I’m going to a juvinel program?

    Randol’s Answer

    The Department of Juvenile Justice (DJJ) will solicit your input concerning case disposition when DJJ prepares the Pre-Disposition Report (PDR). When your case disposition (sentencing) hearing is held, the juvenile may agree with the disposition recommendations contained within the PDR or accept the oral argument of your defense counsel if different from what the PDR says. You may be questioned by the judge at disposition hearing, so be ready to sincerely explain to the judge why you should remain out of a DJJ Program if that remains your desire.

  • My friend got dui and I bailed him and will I be in trouble ?

    Randol’s Answer

    You won't be in trouble if your friend fails to appear (FTA) at his court hearing. But he will be in trouble and may have a bench arrest warrant issued for his arrest. And you may suffer a financial loss because the bail (bond) you put up for him will probably be ordered forfeited by the judge when the FTA occurs.

  • Does Florida SB 1656 (2019) violate equal rights?

    Randol’s Answer

    The key wording here is "imposition". It would appear that if imposition has occurred, your friend is out of luck. However, prompt consultation with an appellate attorney is strongly recommended.

  • Where does my fiance go in florida to file abandonement charges? Shes been gone over a year.

    Randol’s Answer

    If your fiance was not married to the biological mother when the children were fathered and born, then he must file a Petition to Establish Paternity with the Clerk of Court in the appropriate Florida county. The petition should include a request to establish child sharing, child support and other related relief. The claim of maternal abandonment should be made within the 4 corners of the petition as grounds for unequal child sharing. Until the court establishes paternity and grants parental empowerment, an unwed father has very limited rights. Simply being listed as the father on the children's Birth Certificate does not establish paternity in Florida for unwed fathers of children borne out of wedlock.

  • My daughter graduates in May and has a full-time job but she is Not quite 18. Does she still have to see her father?

    Randol’s Answer

    The answer depends on the Parenting Plan accepted, adopted and ordered by the court. Some end at high school graduation. Some end at age 18. The desires of your daughter play an important role in how this issue is resolved. Perhaps agreeing to alternate dispute resolution (mediation) would help solve this problem. Court orders regarding child-sharing certainly must be obeyed, but common sense also says that your daughter has no obligation to spend time with her father after turning age 18. That is a factor for him to consider if his insistence on exercising child sharing will sour his daughter's summer. The sad fact of life for many parents is that children grow up and fly away. Both parents must focus on what really serves the manifest best interests of the child - here a young woman about to turn 18 yrs old and enter the workforce on a full-time basis. I think the most important words in the answer to the question posed are MUTUAL COMPROMISE. Good Luck !

  • If law office transfers my paper back to jcpenney.Will jcpenny report it to the police ?

    Randol’s Answer

    There is a difference between civil law and criminal law. The civil demand you paid is civil law. Payment closes out any future recourse the store would have against you other than trespassing you from future entry into the store - typically for one year. Other than the fact that victim restitution was satisfied, your payment has no effect on any criminal law case. However, I agree with Atty Haber that if the police were not involved, the chances of the authorities picking up the case are slim to none. And if the case was picked up by the authorities, your chances for a Judicial Waiver (warning) would be very good since victim restitution was already satisfied.

  • What’s does the following means ? CLERK TO RECLOSE CASE IF POST JUDGMENT

    Randol’s Answer

    It appears that your question is incomplete. It looks like the case was originally closed and then re-opened for the court to address a post-judgment child support motion. If that motion has been properly addressed by the court, then the case will again be closed by the Clerk of Court.

  • How do i find out if and who has custody of my children?

    Randol’s Answer

    The answer to your question rests with legal paperwork filed with the Clerk of Court where you were divorced.

  • Who can I contact about a hold in another county?

    Randol’s Answer

    I also agree with the prior legal answers. Retaining defense counsel in the appropriate venue is the first step toward future success in resolving the VOP problem. It is very important that the county issuing the VOP Arrest Warrant serve it upon your BF because traditionally that date is when calculation of new "credit for time served (CTS)" starts (old credit for CTS would be those days of incarceration served before being placed on probation). However, a judge has discretion to award CTS from the date of law enforcement pick-up rather than the date of VOP Arrest Warrant service. Good Luck !

  • Can a spouse buy out the marital home, once a settlement is filed before the final judgement without signing the mortgage in FL?

    Randol’s Answer

    The short answer is that you are married until your marriage is officially dissolved by court order. It would be a more prudent practice to close AFTER the divorce. If you cosign the mortgage before your divorce is finalized, you remain in "privity of contract" with the mortgage company. Even if your interest in the property was transferred by quitclaim, you may be held financially responsible for any future mortgage payment default by your former spouse since you also signed the mortgage/note obligation. Better to wait until your divorce is finalized before allowing your former spouse to buy out your interest in the marital real property with a mortgage/note he would be solely responsible for financially.