Monthly Archives: February 2021
The Role of Restitution in Florida Criminal Cases
In criminal cases, prosecutors may seek punishment beyond prison time. If there was an identifiable victim of the crime, the prosecution may also ask the judge to order the defendant pay restitution to that victim. In a theft case, for instance, the restitution order might require the defendant to compensate the victim for the… Read More »
Can You Challenge a Magistrate’s “Probable Cause” Finding on a Search Warrant?
Police normally need to obtain a warrant before searching any property that belongs to a criminal suspect, including samples taken of a suspect’s blood for chemical testing. A magistrate or judge must first determine whether the police have “probable cause” to believe the search will discover evidence of criminal activity. Probable cause is a… Read More »
How Equitable Division Works in a Contested Florida Divorce Case
When a divorce is contested–that is, the parties cannot agree on key issues like the division of property or alimony–Florida law requires a judge to make certain “factual findings” before resolving the dispute. First, the judge needs to identify and assign value to all marital and nonmarital assets (and liabilities) that belong to the… Read More »
How a Decision to Sever a Child-Parent Relationship Can Affect Your Child’s Inheritance Rights
Once paternity of a child is established under Florida law, the father cannot unilaterally sever the parent-child relationship. Instead, certain procedures must be followed. Even in cases where the biological father agrees to termination in order to permit a stepparent adoption, the original paternity relationship remains in effect until a court signs a final… Read More »
