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Orlando Legal Issues Blog

Understanding why plea negotiations are used

Being accused of a crime is not an easy situation to be in. It also is not easy to think of ways to reduce the impact of this situation. Defendants are often overwhelmed by the situation, making it difficult to see all criminal defense options available to them. Litigation is not always a must, and there are defense options that could reduce the charges or penalties faced by the accused.

Plea bargains may not be the go to defense option most people see in the movies or on television; however, it is very common in the legal system. It is also a process that benefits both sides. It can save time and money while also opening up the court system for other cases. In fact, roughly 90 percent of all criminal cases are resolved through plea negotiations.

A DUI charge can be questioned over a breath test reading

Let us assume that law enforcement stopped you on suspicion of drunk driving, and you agreed to submit to a breath test. You did not think this would be a problem because you had only consumed one beer before getting behind the wheel.

You were appalled to find that the Breathalyzer recorded your blood alcohol content as 0.09 percent, which is above the legal limit. Now you have to fight the DUI charge.

How can a child custody agreement reflect your holiday needs?

As most residents in Florida and elsewhere can contest, the holiday season is a time when we want to be with our families the most. However, for divorced parents, this can be a trying and stressful time, especially if custody and visitation agreements do not always allow for frequent access to their children. Nonetheless, divorced parents are able to work together and set up a schedule that could benefit everyone involved. Thus, whether you just got divorced or have been for several years, it is important that the child custody arrangement you agree to considers your wants and desire during the holidays.

How can a child custody agreement reflect your holiday needs? The first thing a parent must do is to assess what matters most to them. Do you have a specific holiday tradition that means a lot to you and you desire to continue it in your child's life? If that is the case, voice that opinion but also be open to hear the same from your ex as well.

Fraud factory uncovered in southern Florida

Now that the holiday season is upon us and all the major deals are filling up our inboxes, we are more likely than ever to pull out our credit cards to make these purchases. While this is a simple action that many consumers do on a daily basis, one does not think that his or her credit card information could be stolen. Unfortunately, scammers are able to secure a consumer's information, causing hi or her financial hardships. Financial fraud is a serious matter, and those accused of such acts could face harsh consequences if convicted.

According to recent reports, law enforcement in Florida uncovered a fake credit car factory located in Hialeah. This operation was capable of cranking out around 1,000 pieces of fraudulent plastic each day as it was operating as a nationwide scam. Based on federal investigative reports, 12 individuals were arrested and charged in this operation.

Child custody and out-of-state travel

When parents divorce, they are faced with many changes and difficulties. Of course this means working through the process and developing a workable child custody arrangement. It also means taking the necessary steps to make the resulting custody agreement work. Whether you have just finalized a divorce or have been divorced for several years, divorced parents are likely to encounter various post-divorce custody issues and disputes.

Travel can be one of those post-divorce disputes. It is very common for parents to want to take their child or children on a trip, and many of these trips mean taking them out of state. While parents are allowed to take their children on trips and travel out of state, it is important to ensure that these trips are consistent with and meet the requirements set our by the custody order.

3 types of spousal support you should know about

If you are contemplating divorce in Florida, it is important for you to consider all possibilities to plan for a better outcome. One issue that you may encounter if you are the higher earning spouse is alimony. On the surface, it involves the lower-earning or nonworking spouse to receive financial support from the other. Upon deeper inspection, you may soon find out there are different levels of alimony that can have a significant impact on your finances. 

You need to understand that alimony does not include support for the kids; that is what child support is for. Because there are many factors that go into determining the amount and duration of spousal support, consider the following types of alimony you may have to provide. 

Helping you develop a criminal defense strategy

No matter the severity of a criminal charge, being accused of a crime is a serious and nerve-wrecking situation. It can also be a shocking situation if you have found yourself in an unfortunate circumstance of being accused of something that you did not do. No matter the details of the crime or the evidence used against you, all defendants are afforded the right to assert a criminal defense.

The shock of the situation can make it difficult to act immediately. It might be challenging to view this time as a time of opportunities, such as asserting your innocence and initiating a legal defense. At Cruz & Bano, P.A., our legal team understands the complexity of criminal charges. We are dedicated to helping individuals in the Orlando area strategize strong legal defenses.

What are the child custody rights of disabled parents?

Raising a child with special needs can be challenging and taxing on parents, but what about parents with disabilities raising children? While those living with physical, behavioral, emotional and mental disabilities have the capability to have children and raise them like any other parent would and could. However, in most cases one parent has a disability while the other does not. This makes for an easier environment for both the parents and child. But what happens when these parents divorce?

What are the rights of a disabled parent when it comes to child custody? The simple answer to this is that it depends on the type of disability and the severity of the disability. Courts will always look at the best interests of the child. While this might mean maintaining the relationship with both parents, it might develop a more accommodating custody arrangement to ensure the basic needs of the child are met while also providing an environment that promotes emotional and mental wellbeing.

Florida mom faces child abuse charges following drug charges

Facing criminal charges is never easy, especially when they impact the accused's family members. While drug charges are treated seriously, when these charges are combined with other criminal allegations, a defendant is likely to endure serious penalties that impact his or her personal and professional reputation and rights. Additionally, if authorities believe that these criminal allegations have impacted the defendant's child, he or she could lose access to their child as well.

This is what recently occurred when a mother of a 22-month old daughter was charged with drug and firearm crimes. According to reports, the 25-year-old mom was charged with being a drug dealer in illegal possession of firearms following months of police surveillance of her and her husband's home. However, additionally charges were added after the woman's toddler was brought into the intensive care unit at the children's hospital in Orlando.

Protecting you assets without a prenup

Getting married is a joyous eventful time. It is also a time where major decisions are made. Many of these decisions are exciting, such as buying a home, planning a wedding and planning for the future. But when it comes down to the details of the matter, couples can avoid thinking about their personal assets and how they could be impacted by marriage and divorce. While more and more couples use prenuptial and postnuptial agreements to protect assets in case their union ends in divorce, this is a very unromantic and overwhelming conversation to have.

Thus, many forego the prenup because of the problems it has or could pose. But one should note that there are ways to protect your personal assets and property during dissolution without a prenuptial or postnuptial agreement. While drafting a prenup sounds like a couple is just preparing for divorce, this is not really the case for most couples.

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