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Frequently Asked Questions Answers From Our Experienced Attorneys

FAQ's

  • How can I ensure that my ex-husband pays the equitable distribution that I am owed?

    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.

  • What do I do if I get served with a 3 day eviction notice?

    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 over 10 years of experience handling matters of this nature. You can contact us at (407) 603-3182 and we would be happy to help you.

    - Fabio Duran, Esq.

  • 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?

    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.

    - Fabio Duran, Esq.

  • I was pressing charges against somebody that committed domestic violence against me and a “No Information Notice” was filed by the prosecutor. Why did this happen?

    It could be an evidentiary issue. Sometimes if the prosecutor does not feel that there is enough to go forward a no information notice is filed. Remember that court cases are about what can be proven through substantial evidence and testimony. Enough evidence for a jury to unanimously find that a crime was committed by the Defendant beyond a reasonable doubt is required for a conviction.

    That is the highest burden of proof that exists. If the prosecutor looked at all the evidence and believed it wasn't enough to meet that burden of proof, then they would not pursue the case. However, you should call and talk to the prosecutor's office for their side of the story. You are entitled to be notified regarding what happened to the case under Florida's constitutional victim's rights provision.

    - Fabio Duran, Esq.

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