FAQs
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General Information
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How is an attorney's fee set and how is it paid?
The fee for a legal service provided by an attorney is determined by agreement between the attorney and the client, and is affected by the nature of the legal work done.
Personal injury cases are handled on a contingency fee basis. That is, the amount of attorney's fee is determined by a percentage of the overall settlement or jury award. The attorney does not receive any fee at all unless the client is successful in obtaining a money award.
Criminal cases are handled on a flat fee basis. Prior to work beginning on the representation of a client in defense of a criminal case, a total fee is agreed upon and will be paid according to the agreement regardless of the amount of time it takes to conclude the matter to the client's satisfaction.
Domestic cases are billed on an hourly fee basis. A retainer, or down payment, is paid against which the time spent on a case is billed at an agreed upon hourly rate. If the legal work contracted for is not completed when the retainer has been exhausted, the retainer must be replenished before additional services are rendered. |
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General Information
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How do I know if I need an attorney?
The law requires that everyone charged with a crime, whether relatively minor or very severe, is entitled to have an attorney represent them in court. Your attorney will be well practiced in the law and procedure that is involved in preparing and presenting a well developed defense to the criminal charge which you face. It costs nothing to meet with an attorney to determine what the elements of any given crime are and possible defenses to that crime.
Insurance companies employ attorneys and adjusters who are paid to represent the interests of their insureds and to save the company money. You should have someone looking out for your interests in this difficult time.
Many divorces require a fair and equitable resolution of issues created by many years of marriage, the distribution of significant amounts of assets and debt, and even the planning for the future of children. While the law can be fair to both parties in a divorce, it is important to have the assistance of an attorney to protect the rights created by the law. While only one lawyer can be involved in the resolution of marital issues, that lawyer remains the advocate for the party that has retained him. |
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General Information
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When are you available to talk to me about my legal concerns?
Our office hours are from 9:00 a.m. to 5:00 p.m. Monday through Friday. You may call to schedule an in-office or telephone meeting. Should we be in the office, we are available most days to speak with you regarding your case. An in-office appointment is recommended to address your case most thoroughly. We can also be reached through this website from the contact page. Weekend and evening appointments are available upon request. |
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General Information
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Where is your office located?
Our office is conveniently located at the corner of Hillcrest Street and Highland Avenue, near downtown Orlando and walking distance to the Orange County Courthouse. Hillcrest Street is one short block South of Colonial Drive (Highway 50) and Highland Avenue is one block East of Magnolia Street. |
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Criminal Law
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What can I expect following my release?
Your first court date is called the arraignment at which the Court will accept a plea of guilty, not guilty, or no contest. A plea of guilty admits commission of the crime. A plea of no contest, like a plea of guilty, indicates to the Court that you do not wish to contest the charges against you. A plea of not guilty denies the accusations and demands that the matter be set for a trial at which the government carries the burden of proving its case against you. Should you decide to enter a plea of Guilty or No Contest at the arraignment, the Court will make you aware of the very important Constitutional Rights which you are giving up in doing so. In all criminal cases, the State has the obligation to prove your guilt beyond a reasonable doubt. You do not have to prove your innocence. Entry of a plea other than Not Guilty, relieves the State of their burden to prove your guilt. Entry of a plea of guilty or no contest sacrifices the very important rights you have to explain your side of the story regarding criminal charges filed against you. Once your plea has been entered, the Court (with input from the State prosecutor) is free to impose a sentence at its own discretion. Hiring an attorney prior to the arraignment will eliminate your need to appear at the arraignment. Your attorney can file a Written Plea of Not Guilty, Notice of Appearance as your attorney and Waiver of your Appearance at the arraignment. |
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Criminal Law
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How do I get out of jail?
After being arrested, you have a right to be taken before a judge, who will advise you of your charges and your bail amount, if any. Your bail may be set by the Court in an amount to ensure that you will return for all court appearances and to ensure that you are not a danger to commit any new crimes while released pending the resolution of your case. In setting the amount of bail, the Court may consider the seriousness of the crime with which you have been charged, any prior criminal record that you have, your community ties, and financial resources. Should the bail amount be too large to permit you or a friend or relative to post bail, your attorney may be able to ask the Court on your behalf to reduce the amount of the bail if it appears excessive and may ask for other terms and conditions of your release, including, but not limited to, release on your own recognizance (your promise to return), pretrial release (which will require you to check in with the Court on a weekly basis), or home confinement (restricting your freedom to home and work until your case is resolved). If you cannot afford to post bail in cash, a bondsman can post a bail bond for you, generally upon payment of 10% of the bond (which is not refundable to you) together with collateral to be held by the bondsman and returned to you upon successful completion of your criminal case. |
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Criminal Law
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Should I cooperate with law enforcement?
Generally, the answer to that question is no. No one accused or charged with a crime should ever make a confession or statement or agree to have their residence or possessions searched, or submit to a lie detector test or voice stress analysis test without first contacting an attorney. Any and all statements or evidence obtained following a voluntary statement or voluntary consent to a search will be admissible in court and used against you. Often times, the police will explain that your cooperation is necessary to help you, that is, to help them to help prove your innocence to the charge. It is important to remember that at all stages of the criminal process, you, as a person charged with a crime, do not have to prove your innocence. If the police are asking for your help, that may be an indication that they do not have enough reliable information to charge or convict you of the crime.
Once charged or arrested, you are entitled to the protections guaranteed to you by the United States and Florida Constitutions. Most important of these rights are the so called “Miranda Rights”, which guarantee an arrested person the right to remain silent in response to police interrogation, the right to know that anything you say can be used against you in court, the right to stop answering questions at any time, and the right to consult with an attorney prior to police questioning. This right (representation by an attorney) attaches at the time that you have become the focus of police investigation and may or may not require that you are in actual police custody. The failure of the police to advise you of your Miranda rights may prevent law enforcement from using your statements against you in the prosecution of your case. However, it is important to remember that any voluntary statement made, that is, volunteered statements not made in response to police questioning, may still be used against you in some circumstances. Before speaking with the police or cooperating in any way, it is recommended that you speak to a qualified attorney so as to not jeopardize your case. |
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Criminal Law
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How Will My Charges Be Resolved? Plea - An initial plea of not guilty entered at the arraignment can later be replaced by a no contest plea after your attorney has had the opportunity to make the Court and the State Prosecutor know about your side of the events which have resulted in the charges you are facing. A plea of no contest neither admits nor denies the charge and indicates to the Court that you feel that the agreed upon sentence is in your best interest. It is preferable that, in return to your plea of guilty or no contest, your attorney has previously arranged for an appropriate punishment, or sentence, with which you are in agreement. At no time should you agree to enter a plea of guilty or no contest without first being completely aware of the conditions of your sentence. Pretrial Motions - Before deciding whether to enter a plea or proceed to trial, your attorney can review the State's case, including witness statements, charging affidavits, audio and video tapes, and physical evidence, in an effort to determine whether any of your constitutional rights have been violated in collecting evidence against you. Your attorney may then ask the Court to consider whether evidence collected against you in violation of your rights should be suppressed or kept from the jury hearing your case. In some instances, should evidence crucial to the State's case against you be suppressed, your case may be dismissed by the Court or dropped by the prosecutor. Short of that, pretrial motions may decrease the strength of the State's case and improve your likelihood of winning at trial. Diversion - Depending upon your criminal history and the nature and extent of your charges, you may qualify for one of several pretrial diversion programs. Not unlike probation, these programs may require a term of supervision during which you may have to complete voluntary work hours or attend classes or evaluations. At the completion of the required sanctions, the State will then dismiss all charges against you. Should you fail to complete the requirements of the program, your case will be sent back to the Court. Unlike a violation of probation, however, after being rejected from a diversion program, you will retain almost all of your pretrial rights to have the State prove its case against you. Trial - If you are charged with a misdemeanor in the State of Florida, the State must bring you to trial within ninety days of your arrest. If your charge is a felony, your trial must commence within one hundred seventy-five days of your arrest. As the State carries the rather substantial burden of proving your guilty beyond all reasonable doubt, you may ultimately elect to have your case heard by the Judge or a jury composed of your peers. At trial, the State would be obligated to put forth witnesses against you. Your attorney can bring the credibility of their statements into question through cross-examination. You will also be given the opportunity to testify on your own behalf or remain silent. Sentencing - Depending upon the nature and degree of the crime with which you have been charged, the Court has many sentencing options available. These include, but are not limited to, probation, community control (house arrest), jail, work release or prison. Probationary sanctions can include community service (volunteer work) hours, fines, court costs, self-improvement classes and substance abuse and/or psychological evaluations and treatment. |
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Criminal Law
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What Happens After My Case Is Over? Probation - Your sentence may include sanctions discussed above, including, but not limited to, community service hours, fines, court costs, self-improvement classes, substance abuse and/or psychological evaluations and recommended treatment. These sanctions can be made special conditions of successful completion of your term of probation. While on probation, you may be required to meet with a probation officer on a weekly or monthly basis, be restricted in your ability to travel, consume alcoholic beverages, frequent establishments that serve alcohol, and submit/or to random drug testing.You may also be required to provide proof of your full-time school enrollment or employment. Violation Of Probation - Should you fail to complete the requirements of your probation or commit a new law violation while on probation, your probation officer may file with the Court a violation of probation report. Such a report may result in the judge issuing a warrant for violation of probation (VOP). A violation of probation acts as a new crime for which you can be arrested and held without bond. Appeals -At the completion of your case, as part of imposing a sentence, the Judge will advise you of your right to appeal your case. Should you be convicted following trial, you would be entitled to appeal any mistakes of law made during the trial. In the case of a conviction at trial or entry of a plea of guilty or no contest, you may appeal any unlawful sentence, that is, a sentence which departs from the sentencing guidelines. Any appeal of your sentence must be filed within thirty days by an attorney qualified to handle an appeal for you. Modification Of Sentence - Should circumstances arise following your sentencing which create a hardship or impossibility to complete the sentence, you may ask the court to modify your sentence, so long as this request is made to the court in writing within sixty days of entry of the sentence. Record Sealing/Expungement - At the conclusion of your case, you may qualify to have your criminal record sealed or expunged if you obtained a not guilty verdict, withhold of adjudication, nolle prosequi (dismissal), or a no information notice. The effect of a records sealing/expungement would be to clear your record of any reference to the crime for which you were arrested. Obtaining a records sealing/expungement requires that a petition be filed with the court which originally handled your case. That Judge in his/her discretion may grant your request to have all references to your charge be removed from the public record. As a result of a sealing/expungement, you would be entitled to deny on job and/or school applications the existence of the charge. |
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Family And Marital Law
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Where should my divorce be filed?
A petition for dissolution of marriage must be filed in the state/county where either party has been a full-time resident for more than six months prior to the filing and where the parties last resided as husband and wife. Filing the divorce in the wrong state or county may result in the petition being dismissed. |
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Family And Marital Law
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How is child support calculated?
Child support is calculated under Florida law based upon the combined net income of the parties. Factors which affect the child support calculation include, but are not limited to, which party provides health insurance, the cost of day care, the number of children and the amount of contact the non-custodial parent has with the child(ren). |
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Family And Marital Law
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Do I have to obtain the agreement of my spouse to get divorced?
No. The standard under Florida law to grant a divorce is the finding that the marriage is irretrievably broken. While it is not uncommon for one party to object to the granting of a divorce, the court can nevertheless overrule one party’s objection. |
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Family And Marital Law
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How long will my divorce take?
The duration of divorce proceedings is directly related to the complexity of the marital issues and the motivation of the parties. When all marital issues are agreed upon by the parties, a divorce maybe completed in a matter of weeks or months. Should the marital issues result in significant disagreement of the parties, the process of identifying, exploring, and resolving those issues through agreement or trial may take many months or years. |
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Family And Marital Law
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Can either a father or mother get custody of children in a divorce?
Yes. The Florida Statutes governing custody are gender neutral, meaning that either a man or woman can be designated as the primary residential parent. Courts will routinely look to the history of the marriage to determine which parent has been the primary caregiver and the current ability of either parent to act as the primary caregiver. |
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Family And Marital Law
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Does it matter who files first for divorce?
No. Either a husband or a wife can bring a petition for dissolution of marriage. In some circumstances the party against whom the petition is filed may bring a counter petition for dissolution to address issues not raised in the petition. There is no benefit to running the footrace to the courthouse, as the court will not view one party as more deserving of the relief they request based solely upon their filing first. |
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Family And Marital Law
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Is common law marriage recognized under Florida law?
Not unless the parties began to cohabitate continuously before 1970. Any issues regarding distribution of property are not generally addressed under Florida matrimonial law. Custody and support issues regarding minor children are addressed under the paternity portion of Florida law. |
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Family And Marital Law
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Is there such a thing as a legal separation under Florida law?
No. Unlike many states which require a cooling off period before filing for divorce, Florida law has no such legal requirement. Upon physical separation of the parties, temporary agreements as to distribution of assets and liabilities and care of children can be made before the finalization of divorce. |
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Personal Injury
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What should I do if I am in an automobile accident? - Write down the names, addresses and telephone numbers of all drivers and witnesses involved.
- Do not admit fault or discuss the accident with anyone until the police arrive.
- Once the police arrive, provide all requested information and give a detailed explanation of your version of the crash.
- Do not argue with the officer, even if he/she invites you to do so.
- Sign any citation if requested to do so by the officer. Signing of a citation does not admit liability but merely acknowledges receipt of the ticket. Failure to sign a citation may result in your being arrested for failure to obey a lawful command of a police officer.
- Be sure all damage to your vehicle is recorded by the officer.
- Have all of your complaints of injury documented as well.
- Accept first aid if necessary. It is not uncommon for your injuries to take 24-48 hours to become apparent. Should injuries become more apparent after leaving the scene, seek an examination with your physician or the emergency room of your local hospital. It is important to document your injuries as soon as possible after the collision. Failure to do so may jeopardize any later claim you may choose to make.
- When possible, memorize the damage to your vehicle and your injuries by taking photos or videos of them. Use your cell phone if you have one.
- Contact your insurance carrier as soon as practical and cooperate with their investigation of the collision.
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Personal Injury
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How does the law address my personal injury and how will I be compensated for my injuries and out-of-pocket expenses?
When you are injured as a result of the negligence of another, you may be entitled to reimbursement of your bills as well as compensation for the pain and suffering you have endured as a direct result of that negligent behavior.
If your injury results from the operation of a motor vehicle, or on the property of another, you may receive this compensation from the at fault party's insurance, or from your own insurance or both. Some compensation of an immediate nature will be paid while you recover from your injury, while other long term compensation may have to wait until you have completed medical treatment for your injuries. If an agreement cannot be reached which determines thhe value to be placed on your suffering, it may be necessary to file a lawsuit and perhaps ultimately ask that a jury award a reasonable amount to compensate you. |
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FAQs -
Juvenile Law
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What should I do if I have received a call from law enforcement regarding a complaint of criminal activity made against my child?
As the focus of a criminal investigation, your child has the same rights as an adult in the same situation. It is routinely not advisable to cooperate with law enforcement as anything that your child may say or do will be used against him or her in a juvenile delinquency proceeding. Before speaking with law enforcement, you should seek the advice of an experienced criminal defense attorney. |
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Juvenile Law
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What should I do if I have received a call from DCFS in response to a complaint made regarding the safety of a child in my care?
DCFS is mandated by law to investigate all accusations of child abuse or neglect. It is important to keep in mind that the findings of any investigation may result in dependency or criminal proceedings. Nevertheless, it is generally advisable to cooperate with DCFS investigators because failure to do so may later be used as a basis for such charges. |
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Juvenile Law
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What is juvenile law?
The Juvenile court system is divided into two distinct legal areas.
In the dependency system, The D.C.F.S., the Department of Children and Family Services, (previously called HRS) will respond to accusations that a child is in danger of abuse or neglect. A petition can be filed with the Court requesting that the child(ren) be removed from the home and placed into a shelter, foster care home, or placement with a relative pending a determination as to the nature and extent of the accusations. Once the danger of abuse or neglect has been addressed, and remedied, the Court will return the child(ren) to the family.
The delinquency system is designed to resolve crimes committed by juveniles. Juveniles have the same constitutional rights as adults. Cases are handled by prosecutors and children are entitled to challenge the evidence against them in a trial before a judge, who will also determine what an appropriate punishment would be if the charges are proven. Unlike the adult system, penalties are generally directed toward rehabilitation rather than punishment. Most first time juvenile offenders may qualify for one of several diversion programs designed to address the source of the child's illegal behavior while protecting a child's juvenile delinquency record by removing the charge after successful completion. |
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FAQ
