FORT MYERS CRIMINAL DEFENSE ATTORNEY | MIRANDA RIGHTS ATTORNEY FORT MYERS

There are two things that have to be met before the police have to read you your rights in Florida. (1) You have to be in custody, and (2) they have to ask you questions. If you are not in custody but they are asking you questions, they do not have to read you your Miranda rights. If you are in custody but they are not asking you questions, then they do not have to read you your Miranda rights either. Both of those elements have to be met. You have to be in custody and they have to ask you questions. It’s not enough that they arrested you, and put you in the back of the patrol car, and drove you to the police station. It is perfectly fine for them to do so, and it is legal as long as they do not ask you any questions. Please do not volunteer any answers to the police.

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Am I still obligated to pay child support while my 18-year-old child takes a year off from high…

CHILD SUPPORT ATTORNEY | FORT MYERS/CAPE CORAL/NAPLES No, you will not be obligated to pay child support if your 18-year-old child takes time off from high school. There are two ways in which the court would still make you pay child support. Those two exceptions are, one, if your child was found to be mentally…

Are Florida courts more likely to award custody/timesharing to mothers than to fathers?

CHILD CUSTODY/TIMESHARING ATTORNEY | FORT MYERS/CAPE CORAL Not necessarily. One of the main factors that the court looks at, it’s what is in the best interest of the child? In determining such, the court looks at Florida statute 61.13 which spells out several factors that the court can consider. None of those factors address whether…

Are Florida courts reluctant to grant sole custody to fathers?

CHILD CUSTODY/TIMESHARING ATTORNEY | FORT MYERS/NAPLES Whether or not, as long as the father meets the standards and meets the burden of proving that they should get sole custody, then the court will grant them sole custody with the child. Those factors are listed in chapter 61.13. If the father shows that the other parent is…

Are mothers more likely to be awarded primary custody/timesharing than fathers in Florida?

FAMILY LAW ATTORNEYS | FORT MYERS/NAPLES No, mothers are not. Florida has done away with any presumption that favors the mother against the father in child visitation or custody battle issues. One beautiful reason for it is because the court wants to make sure that both parents have time with the child. The factors that they…

Can a drunk driving conviction in Florida affect my driver’s license?

DUI ATTORNEYS | FORT MYERS/CAPE CORAL/NAPLES Yes, it can. DUI automatically carries at least a six-month driver’s license suspension. Depending on how many DUIs you had in your background, if you’ve had three within a 5-year or 10-year period, your license could be suspended for 10 years. It could also be suspended indefinitely.

Can a Florida court order drug testing of the parents when determining custody?

FORT MYERS DIVORCE LAWYER | LEE COUNTY DIVORCE ATTORNEYS Yes, they can. It depends on whether or not it’s officially plead that there are some substance abuse issues or drug abuse issues going on with the other parent. It could be something as simple as a urine sample or even hair follicle testing can be done…

Can a person be guilty of drunk driving in Florida if they only had one drink?

DRUNK DRIVING FORT MYERS | FORT MYERS/CAPE CORAL DUI ATTORNEYS Yes, they can. Even if your legal limit … Even if you are not above the legal limit of .28, you can still be guilty if that one drink made you impaired. Let’s say you had not had anything to eat the whole day. That…

Can a person limit their exposure to alimony by having a prenuptial agreement in Florida?

PRENUPTIAL AGREEMENT ATTORNEY FORT MYERS/NAPLES| FAMILY LAW ATTORNEYS  Yes, a person can limit their exposure to alimony by having a prenuptial agreement. They can do several things. They can eliminate it all together. They can establish it. They can modify it or they can waive it, but you have to make sure that if your…