Burglary of a vehicle is a felony and as such our local schools (Santa Rosa and Escambia counties) will most likely expel the child if charged. Typically, the child is not expelled or suspended for a misdemeanor charge. There are appeal procedures with the school district which allow you to bring an attorney to represent your child. Make sure to obtain…
Helping Good People At Their Worst Times
Year: 2014
If I have completed the terms of my sentence, can I ever get a charge off my record?
Yes, if you meet certain criteria. If you completed Pretrial Intervention, Pretrial Diversion or your charge was nol prossed (dismissed) you can petition for Court to expunge your record. If your records are expunged, the records will actually be destroyed. However, if you pled no contest or adjudication was withheld, you can only seal the charges. If your charge…
My son was arrested for a felony at age 16, but they tried him as an adult. Can they do that?
Yes. The state attorney’s office has complete discretion to file charges in adult court against a juvenile. You may think that being under the age of 18 insulates you from adult charges, but it doesn’t.
If I am arrested for misdemeanor domestic violence battery will I have to stay in jail while my case is pending?
If you are arrested for domestic violence battery the bond amount is automatically set at “No Bond” and you will be brought before the first appearance Judge within 24 to 48 hours (typically w/in 24 hours) to address probable cause for arrest and the possibility of a bond. The first appearance Judge will take into consideration numerous factors as to…
Does Florida have a diversion program?
Yes, in county court or circuit court, which address misdemeanors and felonies respectively, the State Attorneys Office may offer Pretrial diversion or Pretrial Intervention. Both are programs that provide conditions to the defendant that if successfully completed result in a dismissal of the charges. Florida does not offer a diversion program for DUI’s. The State Attorneys office allows the victim in most cases the…
My child was questioned at school by a school resource officer. I wasn’t even told that it happened until afterwards. Can the statements he made to the officer be held against him?
Yes. School officials, even school resource officers are not required to contact parents prior to interviewing students nor do they read them their Miranda rights. Anything they say can be used against them. The safest thing to tell your child, especially since you may not be present, is to ask for an attorney and say nothing. Gone are the…
I just discovered that my son and his 15 year old girlfriend had sex. Can he be charged with a crime?
Yes, even if your son is 15 years of age as well. In Florida, the legal age of consent is 16. Hence, even if two children who are both under the age of 16 have sex, they could both be charged with Lewd and Lascivious conduct and subsequently be labeled a sex offender. It doesn’t matter if the sex was consensual or…
My child was put on probation in juvenile court. How long will she be on probation?
In juvenile court, the probation if ordered can be up to the child’s 19th birthday. The hope is that the child will complete all of the conditions and terms of the probation and terminate the probation quickly.-BUT if they delay completing their tasks, probation keeps on til age 19.
What happens to my 401(k) if I divorce my spouse?
If you accrued funds into your 401(k) during your marriage, those funds are considered marital property and hence your spouse is entitled to a credit for one-half of them. However, if you had funds in a retirement account prior to your marriage, the amount in the 401(k) at the time of your marriage is considered separate. Practically speaking if you…
My neighbor and I got into a fight. I want a restraining order. The Judge said since there was only 1 incidence of violence, my request was denied. What can I do?
In Florida, if you do not have a relationship with the party against whom you want the restraining order, one altercation will not get you a restraining order. It has to be at least 2. However, you have two options. You can either call the police and request that they issue a trespass warning to your neighbor or file criminal…