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Melissa Engle Peat
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Melissa Peat’s Answers

83 total


  • Vop arraignment continued to early resolution next week. What's going on?

    My husband is incarcerated. He has two vops one small amount of cocaine poss... The other positive alchoul UA. He also has two FTAs I know dumb. His court schedule is... Today vop arraignment.... Feb 16 Early resolution. The vop arraignment was...

    Melissa’s Answer

    I agree with my colleagues that additional information is vital to answering this question with any accuracy. VOP plea offers will be dependent on the underlying charge for which he was sentenced to probation, his criminal history overall and whether there have been pervious violations. Early resolution and a global plea offer are generally good things, as it appears the State is willing to provide a plea to all matters to be dealt with at the same time. What the plea offer will be depends on the prosecutor and the facts.

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  • Can I, the noncustodial parent, request child's records for an online high school child is supposedly attending?

    I live in another state than my child. My ex allowed our child to withdraw from high school at least two years ago and is supposedly going to an online high school. Is there a way I can request verification that our child is in school or has g...

    Melissa’s Answer

    I agree with my colleagues. You should be able to access the records. Brevard County has a system to do so. Attached is some additional information from Brevard County Public Schools: http://www.edline.net/pages/Brevard_County_Schools/Departments/Departments__K-Z/Student_Services/Student_Records/Student_Records.

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  • Spouse filed contested 7/14.No further action. Now missing, How can I finalize this divorce?

    How much time before the court drops this? How can I proceed to be divorced. He filed contested because of a business we had together, which is now closed. I cannot locate him by phone, email or have any last address. What to do?

    Melissa’s Answer

    I agree with my colleagues. He filed the action and now it is time to proceed to trial as long as all of the required filings have been accomplished. Contact a local attorney for a free consultation to discuss the process.

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  • Can I drive using Indian Driving License in Florida

    I have come to USA (Melbourne) on H1B visa. I want to rent car to go to my job in Melbourne, Florida. Can I drive using Indian Driving License in Florida

    Melissa’s Answer

    You can generally drive on a foreign license for one (1) year after entry. The United States of America has a treaty with a number of countries allowing this. From memory, India is a treaty country.

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  • While being questioned for theft, do police have to be present if video evidence exits?

    Used to work for kmart as cashier, accused me of petit theft, all I did was use my info when customers didn't sign up for points program because we are graded on that stuff, if less than 75% you get an infarction which leads to termination. after ...

    Melissa’s Answer

    I agree with my colleagues regarding the loss prevention officers having a wide latitude to question you. They can build their case for termination and/or a civil matter. In the criminal realm, the prosecution will be held to the Rules of Criminal Procedure and Evidence.

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  • My husband has a misdemeanor resisting arrest with out violence in 1991. Can he get this expunged?

    He's trying to get a job here in fl and the charge was in Palm Bay fl.

    Melissa’s Answer

    If the matter was resolved through a no information being filed or the State asking for a nolle prosequi (dismissal of charges), the matter can be expunged if your husband meets other criteria, i.e. no previous expunctions, no charges pending, etc. Otherwise, if the matter was dealt with by way of a withhold of adjudication, a sealing may be appropriate and, after ten years, an expunction.

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  • I received a petty thief charge from Wal-mart in Melbourne FL.

    I appeared at the arrangement in which I was not happy with what the state had to offer there for I'm looking at hiring an attorney for this case. I have already paid the restitution to Wal-mart. Wal-Mart did not trespass me from there store., yet...

    Melissa’s Answer

    You have likely paid a civil amount that Walmart has sought against you. This is separate and distinct from restitution, which the State may impose. A theft offence, or, as my colleagues have pointed out, a rime involving dishonesty, is an enhanceable offence. Before you plea to anything, please contact a knowledgeable local attorney to assist. Outcomes will depend on your prior convictions, if any, and the circumstances involved.

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  • Divorce Laws for Women State of Florida

    Both parties involved had prior marriages with children. We will be married 4 years this coming May. I moved into his house with my 2 children, he had 3 from his previous marriage. He decided he doesn't want to be married to me any more. The h...

    Melissa’s Answer

    You may want to try contacting Brevard Legal Aid at 321-631-2500. Regardless, an experienced attorney would be able to address each of these issues for you with additional information. I agree with my colleagues regarding this being a short term marriage and, therefore, the legal presumption is against permanent periodic alimony. I also agree with my colleagues regarding pre-marital property of your husband, although there are circumstances that could lead to a pre-marital asset becoming marital. Again, contact a lawyer to assist you.

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  • I am looking for an attorney in Brevard County that could possibly assist me with a DCF case that has opened against me.

    Due to false accusations against my fiance', it appears that DCF is trying to say that I am failing to protect my children against my mate, who is not in the home and because of his juvenile record. Because I won't cancel my engagement, they feel ...

    Melissa’s Answer

    Hiring an attorney experienced in these matters is imperative for you. Rhonda Henderson at my office has dealt with dependency matters for years. Whether you hire Ms. Henderson or any other local attorney, do so as soon as possible for the best result.

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  • What is the amount the Court uses for tax credits as income when calculating the Child Support Guidelines...

    If we have one child and the Mother claims the child, how much should I add to her monthly income when calculating the Child Support Guidelines Worksheet for the Child & Dependent Care Tax Credit and Earned Income Tax Credit? I am trying to calcul...

    Melissa’s Answer

    My colleague has provided a thorough response to your question. I agree that there is generally no addition to the "income" due to tax credits. The amount of child support can be calculated as per the child support guidelines worksheet, which does not provide for that type of calculation, but a court would look at the totality of the circumstances in coming to a fair figure.

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