Questions answered by James F. Feuerstein III

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Can a petitioner change or add to their story in court if the see that they are loosing; after a original sworn statement.

James's answer | Answered on May 26, 2015

It is possible to amend a petition, but that is solely with the description of the court. The petitioner should also be cross examined regarding...

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When asking FL court for retroactive support - does it need to be specifically stated in my petition or just asked for in court?

James's answer | Answered on May 26, 2015

Your request for retroactive child support should be requested in the Petition or Supplemental Petition. It is possible to amend the petition to...

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Racial profiled and pulled over without probable cause.

James's answer | Answered on May 26, 2015

It is not clear from your post what you question is. Police must either observed a traffic infraction or have a reasonable articulable suspicion...

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I was arrested for batt on a leo, and resisting without violence, can I get diversion or get it dismissed?

James's answer | Answered on May 26, 2015

Can't predict the outcome of a motion to dismiss without knowing a lot more facts, but you definitely have some legal defenses that need to be...

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SMS message sent to me but not for me saying money owed

James's answer | Answered on May 26, 2015

You should contact them and get their address and contact information and then send them a demand for proof of the debt pursuant to the Fair Debt...

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In Florida, does a litigant have to cite the four elements of fraud for a civil action for fraudulent inducement?

James's answer | Answered on May 26, 2015

I agree with Mr. Castagliuolo, each and every element must be alleged as well as the factual basis to support each element. As he pointed out,...

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I was tried for battery. Jury returned a not guilty verdict. May I sue the person that falsely accused me for the costs of def?

James's answer | Answered on May 26, 2015

Mr. Drach is correct with regard to the elements of a malicious prosecution case and Mr. Umansky correctly points out the economic problems to...

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Can child support arrears be ordered if it wasn't mentioned in the supplemental petition.

James's answer | Answered on May 26, 2015

Florida law does allow the court to award retroactive child support gong back 24 months from the date of the Petition. However, technically it...

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How do judges decide whether to award retroactive child support?

James's answer | Answered on May 26, 2015

I agree with my colleagues, the State of Florida can award retroactive child support going back 24 months from the date a Petition is Filed. You...

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Does the state of Florida offer "legal aid" for Family Court?

James's answer | Answered on May 26, 2015

Mr. McGinn's advice is excellent. Bay Area Legal Services, although greatly overworked, is her best chance to get free legal assistance in the...

James F. Feuerstein III's Answers (9841)

Can a petitioner change or add to their story in court if the see that they are loosing; after a original sworn statement.

When asking FL court for retroactive support - does it need to be specifically stated in my petition or just asked for in court?

Racial profiled and pulled over without probable cause.

I was arrested for batt on a leo, and resisting without violence, can I get diversion or get it dismissed?

SMS message sent to me but not for me saying money owed

In Florida, does a litigant have to cite the four elements of fraud for a civil action for fraudulent inducement?

I was tried for battery. Jury returned a not guilty verdict. May I sue the person that falsely accused me for the costs of def?

Can child support arrears be ordered if it wasn't mentioned in the supplemental petition.

How do judges decide whether to award retroactive child support?

Does the state of Florida offer "legal aid" for Family Court?