Marital Assets and Liabilities Part 14 of 15 | Divorce Attorney Fort Myers/Naples Justification of Unequal Distribution in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including: (Premise…
Understanding the Criminal Law Process Part 15 of 17 | Criminal Law Attorney Fort Myers/Naples Depositions If you decline to accept a settlement, or none has been offered, you will ultimately go to trial. Your attorney may choose to hold one or more depositions. A deposition is an excellent, but expensive way to prepare for trial. Victims,…
Understanding the Criminal Law Part Process Part 14 of 17 | Criminal Law Attorney Fort Myers/Naples Plea Deal A plea deal can be stuck at any time during the case, but is most often done during a pretrial hearing. That is a point where the prosecutor has not extensively prepared for the case and has motivation to…
Marital Assets and Liabilities Part 13 of 15 | Divorce Attorney Fort Myers/Naples Diminished Assets A circuit court’s valuation of an asset must be supported by competent, substantial evidence. Tradler v. Tradler, 100 So.3d 735, 738 (Fla. 2d DCA 2012). “Substantial evidence” means “‘some (more than a mere iota or scintilla), real, material, pertinent, and relevant…
Understanding the Criminal Law Process Part 13 of 17| Criminal Law Attorney Fort Myers/Naples Pretrial Hearing At the pretrial hearing the prosecutor and your attorney quickly discuss the case. In many counties the courtroom is packed with many other people awaiting their pretrial. Plea offers may be discussed, accepted or refused. The pretrial hearings are a…
Marital Assets and Liabilities Part 12 of 15| Divorce Attorney Fort Myers/Naples Corporations. A corporation should be added as a party to the dissolution of marriage proceedings if transfer of the corporate assets is requested by a party. If a corporation is not joined, then the trial court has no power to order a transfer…
Marital Assets and Liabilities Part 11 of 15 | Divorce Attorney Fort Myers/Naples Partition Party must specifically ask the Court to partition marital real property. Include: Property to be partitioned Names and places of residence of the owners Public or private sale of realty Attorney’s fees and costs In the absence of an agreement of the…
Understanding the Criminal Law Process Part 12 of 17| Divorce Attorney Fort Myers/Naples Motion to Surpress There are situations where the police do not follow the law, or required procedures when collecting evidence. Some examples: improper search of your house, car, or person. Or seizure of confidential documents without a subpoena. During dui stops, there…
Marital Assets and Liabilities Part 10 of 15 | Divorce Attorney Fort Myers/Naples Lump Sum Monetary Payment for Equitable Distribution To do equity between the parties, the court may, in lieu of or to supplement, facilitate, or effectuate the equitable division of marital assets and liabilities, order a monetary payment in a lump sum or in…
Understanding the Criminal Law Process Part 11 of 17 | Criminal Law Attorney Fort Myers/Naples Pretrial Intervention In some cases, depending on the level of the offense, you may be eligible for a Pretrial Intervention Program (PTI) or a Diversion Program. Many people that are first offenders, non-violent offenders, and that are on drug related…
