Q. How can I ensure that my ex-husband pays the equitable distribution that I am owed?
A. Courts enforce their orders through contempt orders. So if you want him to pay as you believe he was ordered to, and he is willfully failing to abide, you can motion the Court to hold him in contempt. The Court can punish your ex-husband in many ways including throwing him in jail. While you don't technically need an attorney to draft such a motion (but I strongly recommend hiring one), it is very important that you have one to argue this in Court. You will need to take testimony from your ex-husband to show that his actions are intentional and that the order was clear and unambiguous. If you have no legal experience and no legal training you will probably not know what questions you need to ask him to demonstrate contempt.
Fabio Duran, Esq.
Q. What to do if I get served with a 3 day eviction notice?
A. If you are served with a 3-day notice by your landlord, you have three options. You can pay the rent requested, move out, or do nothing and contest the rent owed. If you do not pay the rent or move within the 3 days, the landlord can file an eviction lawsuit against you in county court. If you pay the rent partially and the landlord accepts it, you cannot be evicted. You should be aware that a landlord is not obligated to accept partial rent payments. If you plan on contesting the amount of rent due then you do not need to reply to the 3-day notice. But you must contest the rent owed within 5 days of being served with the eviction lawsuit. you should put the amount you say you owe in the court’s registry and ask the judge in writing to decide which amount is the correct amount you have to pay. This is called a Motion to Determine Rent. If you do not do these two things, you will most likely be evicted. If you are going to contest the amount of rent due we would strongly suggest that you hire an attorney. Our firm has years of experience handling matters of this nature. You can contract us at 407-775-2727 and we would be happy to help you.
Q. If I get a notice of violation for a red light camera ticket, and I passed the red light by accident, will I be able to fight the ticket in Court?
A. First off, a notice of violation is not a ticket. A notice of violation becomes a ticket if you ignore it by not paying it within 60 days. A notice of violation does not go on your record and carries no points if you just pay it. If you do want to fight it, and allow the notice of violation to turn into a uniform traffic citation, then you are facing points on your license and a fine if you are found guilty. If you want to request a hearing on the ticket but you are admitting you passed the red light and you are planning on going to Court to tell the judge that you passed the red light but did not intend to, you will probably be found guilty, be forced to pay a fine, and get points on your license. That is not a defense and the judge will not consider any of your excuses as to why you passed the red light. Judges may consider real emergencies sometimes, such as if you were taking your pregnant wife to the delivery room to give labor, but this is somewhat discretionary. Intent is not an element the State has to prove on a traffic ticket. I would suggest hiring an attorney as that is the only way you will be able to fight the ticket on procedural or legal grounds. For cases like these, affordable representation is not hard to find. Our office has experience dismissing and getting points withheld on cases like these.
Q. Can I ask a police officer to be a witness on the stand and give his opinion of my charges? One cop arrested me for a crime while another said they would not have arrested me for the same incident, but he would not say this in public. Can I force them to testify as a witness?
A. Such testimony would probably be objected to as irrelevant by the prosecutor. Their objection would more likely than not be sustained. This is because that second officer’s testimony is irrelevant to the Court and won’t help you. The opinion of another officer doesn't change the facts of your case and possible culpability. Many officers witness activities that may be criminal and choose not to make arrests. This is up to them. The fact that you were charged is also up to the prosecutor in charge of your case. All that would happen if you were somehow able to elicit testimony from that second officer is that the Court would be informed of another officer’s personal opinion regarding your charges. Whether you are guilty or not of the actual charges is far more relevant.