What You Need To Know About Divorce Court

The courtroom can be a frightening place for divorcing couples. Naturally, you’ll want to know what to expect, especially if you’ve never been inside a courtroom before. It’s quite different from what you see on television; there are some things to keep in mind to help you prepare. Here’s what you should know.

Basic Courtroom Etiquette

Treat the courtroom like you might treat a job interview. Make sure your cell phone is turned off or on silent (not vibrate, you’ll be surprised at how loud a vibrating cell phone can be in a quiet courtroom). Also, don’t bring in drinks or food, don’t chew gum, and make sure to remove your hat or sunglasses. Look for signs in your specific courtroom that list anything else that isn’t allowed.

Be Prepared for the Metal Detectors

All courtrooms screen for weapons. How this is done varies from location to location, but you can expect to go through a metal detector. Metal detectors won’t pick up small pieces of metal in your clothing, like pants buttons, but they will pick up on keys left in your pocket. You’ll likely be asked to put your purse, wallet, or other personal effects in a bin to be scanned while you walk through the metal detector. It’s not much different from going to the airport.

You May See People You Don’t Know

Many people are surprised that divorce court isn’t private. The courtrooms are public and anyone can sit in on a case. While this means you can ask family or friends to come support you (this is not recommended) it also means that you’ll likely see some people you don’t know. Be prepared for strange faces and stay focused on your case.

There Won’t Be a Jury

Juries are typically used for criminal cases and aren’t necessary in divorce cases. Your divorce will be presided over by a commissioner or a judge. Remember to call the judge “your honor” when addressing him or her to show respect.

Contact Our Office Today 

Divorce is best handled by a competent divorce attorney. Facing family court alone, even with a few ideas of what to expect, can be a harrowing experience. Contact our office for a consultation today to discuss your divorce options, to file for divorce, or to get help preparing for an upcoming divorce hearing. Call now at 1-954-765-1900.


Reasonable Child Visitation

Custodial Parent

When a child’s parents separate, they will typically live with one of their parents most of the time. This parent is called the custodial parent, and the other is referred to as the noncustodial parent. If the child is old enough, they may choose with whom they live. 

Courts in Florida understand the psychological and emotional importance of a child maintaining a meaningful relationship with both parents. Often, they will award the non-custodial parent what is known as “reasonable visitation.” What is it and what should you know about it? 

Reasonable Visitation Defined 

Reasonable visitation is a term that is used to describe fair visitation for the non-custodial parent, based on the best interests of the child. In most child custody cases, it’s beneficial for the child to have an ongoing relationship with both of their parents. This is true even when one parent only has partial visitation. 

However, visitation may not be reasonable in certain cases. For example, a non-custodial parent with a history of abuse or domestic violence may find it difficult to be awarded any type of visitation. Or, a court may see fit to award a parent who is actively working towards self-betterment infrequent, supervised visitation.

How Reasonable Child Visitation Works 

If possible, you and your ex-partner should create a visitation schedule that is agreeable for both of you. Take your work schedules into consideration, along with any extracurricular and educational activities that your child has. Make sure you plan in advance for special events and holidays and come up with a proposed visitation schedule that offers your child the most stability. 

When Will a Judge Decide Reasonable Visitation? 

If you cannot reach an agreement with your ex about a mutually beneficial visitation schedule on your own, the court will need to intervene. This means that your custody case is contested, and you no longer have the final say in what visitation looks like for your family. 

Many courts default to “standard” visitation for the non-custodial parent. Many people recognize this as visitation every other weekend and two weeks a year (usually during the summer if a child is school-age), and alternating holidays. 

Why Contact a Boca Raton Family Law Attorney for Your Visitation Case 

The outcome of your child custody dispute hinges largely on the evidence you’re able to present and how you’re able to present it. This is where an experienced Boca Raton child custody attorney can help.


What Should You Do If You’re Asked to Submit to a Roadside Sobriety Test in FL?

If you’re pulled over on suspicion of driving while impaired by drugs or alcohol, a law enforcement officer may ask you to perform field sobriety tests. Here’s what you need to know about roadside sobriety tests and whether or not you have the right in Florida to decline them. 

Roadside Sobriety Tests Defined 

Roadside sobriety tests are meant to help officers determine if a person is driving under the influence of drugs or alcohol. During the tests, officers will look for signs of intoxication, such as the inability to maintain balance, slurred speech, or difficulty remembering how to do the test. The three standard roadside sobriety tests in Florida include: 

Horizontal Gaze Nystagmus 

A horizontal gaze nystagmus test is designed to detect the presence of temporary “shakiness” of the eyes that can be caused by alcohol or drugs. During the test, you’ll be asked to follow an object or light with your eyes without turning your head. 

Walk & Turn 

A walk and turn test involves walking in a straight line for a number of steps, heel-to-toe. The police officer then asks you to pivot and walk back in a straight line for the same number of steps. Usually, the officer will use the painted yellow line on the right side of the road for this test. 

One Leg Stand 

During the one leg stand test, you will be asked to hold your leg up with your foot just a short distance from the ground and maintain balance on the other leg for a number of seconds. The officer may ask you to repeat the test with the other leg. 

Do You Have the Right to Decline Roadside Sobriety Tests in Florida?

In Florida, it’s perfectly legal for you to decline a roadside sobriety test. 

Roadside sobriety tests are highly inaccurate and it’s typically in your best interest to decline to submit to one if you are pulled over on suspicion of drinking and driving. The results themselves are subjective, and many people have failed these tests while stone-cold sober. 

Reach Out to an Experienced Criminal Defense Lawyer Now 

If you’ve been taken into custody after a DUI arrest, it’s important that you contact a criminal defense attorney as soon as possible, especially if you failed a field sobriety test. At the Mayersohn Law Group, our office can help you challenge the validity and accuracy of the tests. Call now for a consultation at 954-765-1900.

 

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What Should My Next Steps Be if I Have Been Accused of Insider Trading?

Do you know what to do if you’re under investigation for a crime? Do you understand all your options and possible next steps? If you don’t know how to react, you could find yourself dealing with serious problems. Take any charge or investigation to your criminal defense lawyer immediately.

Any type of white collar crime comes with significant consequences. This is particularly true if you have a previous criminal record. You need to take the situation seriously and retain a knowledgeable criminal defense attorney immediately if you intend to protect your freedom.

The same is true if you are accused of insider trading, one of the forms of white collar crime. Insider trading carries possibly severe consequences if you are convicted of the crime.

Insider trading involves selling or buying a security by any person who has non-public or insider knowledge of that security. It can also involve passing along this insider knowledge to a person who then sells or buys this security. In order to be convicted of insider trading, you must have actually bought or sold that stock.

An insider requires a specific definition, such as an employee, officer or director of the company. The prosecution must take several steps in order to show that the actions were illegal.

For example, the prosecution must establish that the person who has been charged was given non-public information from an inside individual who knew that he or she was disclosing illegally and that the person who received the tip or information knew that this was outside the bounds of legality.

Insider trading can even extend to analysts or journalists with claims of misappropriation of information. A person, such as an analyst or a journalist might have access to sensitive details and passes this information along. An individual who receives this insider information and uses it to buy or sell a stock could be convicted of insider trading.

If you have been accused of insider trading and have already been formally charged, you need to establish a relationship with an experienced criminal defense attorney immediately.  


Will the Same Defense Strategies Be Used for Every White Collar Crime?

Being accused of a white collar crime requires the assistance of an experienced criminal defense attorney who is very familiar with the white collar crime process. The truth is that the criminal defense strategy selected by your lawyer will vary based on the specifics of your case, but you should always retain someone who is familiar with white collar allegations and investigations.

Many different defense strategies exist for white collar crimes and your experienced Florida white collar crimes defense attorney can help you. White collar crimes tend to be less straightforward and simple when compared with violent crimes.

This means that you need an attorney who is thoroughly experienced in defending against these charges.

Some of the most common defense strategies available to you include alleging coercion, demonstrating lack of knowledge about the unlawful activity, illustrating lack of intent to commit a crime, focusing on poking holes in the case, particularly when the evidence brought by the prosecution is not strong, situations in which the victim might also be guilty, cases that exceed the statute of limitations, exploring plea bargain opportunities with the help of your Florida criminal defense attorney, entrapment, and more.

Your lawyer might want to have a chance to look at all the evidence and the specifics of your case before deciding which strategy is right for you. This is a good way to ensure you’ve considered all possible aspects of your plan to fight for your freedom and work towards avoiding any criminal penalties.

Choosing which criminal defense strategy is most appropriate for your case requires a careful analysis of the evidence brought by the other side and an exploration of what you need to know going forward. The support of an experienced and knowledgeable attorney is vital if you want to protect your freedom and develop a long term plan for protecting your interests.