Could it be that the devil’s playground is the house next door? In April 2008, a Jacksonville man was arrested on charges of child pornography and the government seized his $280,000.00 home as it was determined to have been used in the commission of the crime. The police and the state can seize a person’s property such as a home, vehicle, money, etc. if it can be determined that the property was used in the commission of the crime for which the defendant was arrested. It appears that the Jacksonville man had almost 20,000 photographs and videos of minors engaging in sexually explicit acts. Since the man viewed these pictures and videos in his home, and the crime was furthered in his home, the state had the right to seize the entire home. Now he is living in an even bigger house as he was sentenced to four years in Florida State Prison.
Marijuana Drug Arrests Are “High” in Jacksonville
There is no doubt about it. We are losing the “war” on drugs. Last year, 2007, almost 2 million people were arrested on drug charges according to the FBI. Almost 1 million of those arrested were arrested for offenses involving marijuana. Of those nearly 1 million arrested for marijuana related offenses, 89% were arrested for mere possession of marijuana. There are severe consequences for an arrest for possession of marijuana including drivers license revocation, job loss, professional licensing revocations, governmental aid revocations and more. Additionally, an arrest requires a defense in court. In the United States, the government has spent billions on the war on drugs which has created the additional expense of prosecuting all of the increased arrests. According to the FBI, 20% of the inmates in State prisons are there for drug related offenses. Jacksonville has seen a dramatic increase in drug related arrests for 2008 due to increases in police presence in high drug areas. The drugs business is a big business for all involved including the government. As a matter of fact, First Coast News 12 has just reported that a Jacksonville man entered a McDonald’s and attempted to pay for his meal with marijuana! The McDonald’s employee called 911 and the man was arrested. Just add him to the 89% statistic…and its going up by the hour.
Broken Engagements and The Ring
In my Jacksonville, Florida divorce practice, many people going through a divorce ask me if they are entitled to get the ring back. Normally, Florida divorce courts view engagement rings in a contractual sense. The ring is given in contemplation of marriage and if the marriage does not occur then the ring should be returned. However, as a Jacksonville divorce lawyer, I have researched many articles regarding the moral vs. legal obligation in reference to engagement rings. If you have a question about divorce and/or the engagement ring, please call a Florida divorce attorney or call me at 904-685-1200 for expert advice on what you should do.
Divorce in Florida: What Do We Do With The Marital Home?
In a divorce in Jacksonville, Florida, Florida divorce attorneys used to treat the marital home as an asset but are now having to treat the marital home as a huge debt.If the marital home does not sell in a timely manner, the result has a direct impact on Florida child support, spousal support, debt division, living arrangements and tax consequences of the parties.
The slow market has created difficulties for the parties because most of the time, the marital home has not sold by the time the divorce is being finalized. This creates questions regarding who is going to be responsible for the mortgage? Who gets to live in the home while it is on the market? Which party gets the mortgage interest deduction? This scenario needs creative solutions and practitioners are now being called on to help divorcing parties navigate through the muddy waters of the present market. Please call a Jacksonville Florida Divorce Attorney to help you navigate these waters. I am available to speak with you at 904-685-1200.
Between Divorce in Florida and a Hard Place? Temporary Needs is the answer!
If you’re going through a Florida divorce and need a Florida divorce attorney and have already filed the initial pleadings yourself, how do you know which party is supposed to pay for what? What can you do when you’re waiting for the Florida divorce to be finalized? A TEMPORARY NEEDS HEARING is the answer! In a temporary needs hearing, a judge will look at each party’s income to debt ratio and order a temporary spousal support, child support and marital debt payments. The temporary needs hearing is probably the most important hearing during the dissolution process before finalization occurs. It helps to set the tone for the rest of the Jacksonville, Florida divorce process and it also identifies the responsibilities of each party regarding the marital debts. If you are suffering financially pending finalization of your divorce, please contact our office at 904-685-1200 to talk to a divorce lawyer about helping you through this process.
Injunction for Domestic Violence in Florida: What’s Your Function?
Just about anyone can obtain a temporary injunction in Jacksonville, Florida for just about anything. However, there are specific criteria that must be met before a court can enter a permanent injunction against domestic violence in Florida. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction for domestic violence in Jacksonville, Florida. The statute says that the petitioner must have been a victim of domestic violence OR has reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence.
There are specific consequences of a temporary injunction being made permanent. If the petition is granted the respondent could be required to complete a 26 week Batterers’ Intervention Program (and pay for it) if (a) the respondent has willfully violated the temporary injunction or (2) has ever been found guilty of a crime involving violence (batteries) or a threat of violence (assaults).
Please contact our office at 904-685-1200 if you need assistance in getting an injunction against domestic violence in Florida entered or if you need assistance in defending against allegations made against you in an injunction for domestic violence petition.
Calculating Child Support In Florida…More Than Just Numbers in a Formula
In a paternity or divorce in Florida, you may not know that the law only considers certain “facts” or numbers in calculating a child support amount. In Florida, the law uses a specific formula to arrive at the child support amount. Knowing how the Florida child support guideline calculations work and how they relate to the unique circumstances of each case is key. Calculating child support in Florida is a complicated process and it is critical for one to understand the various income types and components relative to the case at hand to accurately calculate the amounts.
If you are engaged in divorce or child support proceedings in Florida, I encourage you to contact a Jacksonville, Florida divorce lawyer to guide you through this formulaic process to ensure that you are either receiving enough income or not paying more than you should be. If you are looking for a Florida child support attorney to help you through this difficult process, please call me at 904-685-1200.
Florida’s Romeo & Juliet Law
Everyone knows that the difference between two consenting teens engaging in sexual conduct is quite different from an adult molesting a child. The latter is absolutely reprehensible. However, prior to Florida adopting the Romeo & Juliet law, the law failed to distinguish between the two acts. For example, if an 18 year old senior in high school was dating a 15, 16, or 17 year old and engaging in consensual sex with that partner, the law deemed the 18 year old as a sex offender or predator. The scenario usually happens like this. A 17 or 18 year old is engaging in consensual dating sex with a 14 or 15 year old and the mother of the younger minor disapproves of the relationship and presses charges against the older teen. When the teen admits to engaging in sexual conduct with the younger teen, the law convicts and the older teen would be required to register as a sex offender for life with horrible ramifications. Today, the law reflects an attempt to correct such harsh penalties and prison terms for these types of behaviors.
In July 2007, Florida passed the Romeo and Juliet Law by enacting Florida Statute 943.04354. Persons may qualify to petition for removal from the sex offender registry if:
1. They were previously convicted of a violation of Florida Statute 794.011 (sexual battery) or 800.04(lewd & lascivious on person less than 16 years of age);
50/50 Custody in Jacksonville, Florida: Can You Get It?
As a Jacksonville custody lawyer, the new law Effective October 1, 2008, changed visitation and custody of the children. The goal of the new parenting plan statute is to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child’s needs. As such, you may be entitled to more time-sharing or visitation or custody of your children than you realize. There are several factors the courts considered when parents are divorcing and custody and children are at issue.
There are certain things that MUST be contained in a parenting plan. Please contact a Florida or Jacksonville, FL custody lawyer or call me at 904-685-1200 to answer any questions you may have regarding the drafting of a parenting plan and what to include.
Florida Divorce Lawyers: How Your Divorce Lawyer Can Help You Settle Your Divorce Case
As an experienced Jacksonville, Florida divorce attorney, I feel it’s the divorce lawyer’s responsibility to provide a workable solution for the divorce in Florida especially if there are children involved. Although nasty Florida divorce cases are common, the areas of custody and visitation or time-sharing are the top highly contested disputes, followed by spousal support and division of retirement accounts in Florida. Your Jacksonville divorce lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a Jacksonville divorce attorney who doesn’t create roadblocks to settlement. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit. Call me at 904-685-1200 if you need an experienced Florida divorce attorney to help you through this difficult and emotional process.