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Recent Blog Posts

Judge

Can A Judge Order Me To Buy Life Insurance To Secure My Alimony Obligations?

By Faulkner Law Group, PLLC |

Florida has complex rules governing the award of alimony in divorce cases. Alimony is not designed to punish a spouse for misconduct. Rather, it is supposed to ensure the receiving spouse has sufficient income to maintain their lifestyle and not become destitute following a divorce. To further these objectives, a judge may in certain… Read More »

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DivMoney

What Happens When One Spouse Recklessly Spends Marital Funds Just Prior to a Divorce?

By Faulkner Law Group, PLLC |

The basic rule in a Florida divorce case is that absent an agreement between the parties, a court will order an “equitable distribution” of marital assets. In many cases this means a 50/50 division. But there are exceptions. For example, if the court finds that if one spouse has engaged in a “dissipation of… Read More »

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DefRights

What the Florida Supreme Court’s Recent Decision to Abandon the “Single Homicide” Rule Means for Criminal Defendants

By Faulkner Law Group, PLLC |

The Florida Supreme Court recently abandoned what had been known as the “single homicide” rule in criminal cases. The rule was first put in place by the Court several decades earlier to prevent the state from convicting a defendant for a single homicide under two different criminal statutes. This was deemed necessary to comply… Read More »

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Bail

How Does Bail Work in a Florida Criminal Case?

By Faulkner Law Group, PLLC |

When you are arrested on suspicion of committing a crime, your first appearance in court will be to establish your bail. The purpose of bail is not misunderstood. Bail is not supposed to be a punishment. The function of bail is to secure your appearance at any future court hearings related to your criminal… Read More »

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Arrested8

What Is an “Inventory Search” and How Can It Affect a Sex Crimes Charge Against Me?

By Faulkner Law Group, PLLC |

If the police lawfully impound your car, they have the right to conduct what is called an “inventory search” of its contents. Ostensibly, the purpose of an inventory search is to protect the police department against potential civil lawsuits if they lose any of the property contained within the car. However, if the police… Read More »

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Drug3

What Happens If the Police Illegally Arrest Me?

By Faulkner Law Group, PLLC |

The police cannot lawfully arrest you unless they have “probable cause” to believe that you have committed some crime. Probable cause is lower than the standard for an actual conviction, which requires proof beyond a reasonable doubt, but it is more than “mere suspicion” you might have done something wrong. Note that probable cause… Read More »

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CrimDef6

The Role of Restitution in Florida Criminal Cases

By Faulkner Law Group, PLLC |

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 »

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searchwarrant

Can You Challenge a Magistrate’s “Probable Cause” Finding on a Search Warrant?

By Faulkner Law Group, PLLC |

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 »

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EqualDistr

How Equitable Division Works in a Contested Florida Divorce Case

By Faulkner Law Group, PLLC |

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 »

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ManThink

How a Decision to Sever a Child-Parent Relationship Can Affect Your Child’s Inheritance Rights

By Faulkner Law Group, PLLC |

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 »

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