Frequently Asked Questions
Frequently Asked Questions
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Criminal Defense FAQ
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Can I have my criminal history sealed or expunged?According to Florida Statutes § s.943.058 and § s.943.059, there is certain criteria that must be met in order to be found eligible for an expungement. In order to have a criminal history record sealed or expunged, you must apply to the FDLE for a Certificate of Eligibility. The record of a juvenile can be eligible for other types of expungement.
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Should I take a field sobriety test?In most cases, taking a field sobriety test can work against your case. These tests are not required under Florida Law and your driver's license cannot be suspended if you do not agree to participate. Your performance on the field sobriety test can be impacted by the environment or your nervousness.
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What are my rights when talking to the police?According to your Miranda Rights, you have the right to remain silent and to communicate with your attorney before answering incriminating questions. If you choose to talk to the police officer, you may be self-incriminating yourself. Keep in mind that anything you say can be used against you in court.
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What is the difference between a misdemeanor and felony?Crimes that are classified as felonies carry a sentence of more than one year. Misdemeanor convictions have a maximum penalty of one year or less.
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Do I have the right to an attorney?Yes, you do and should hire a lawyer to handle your case. At Taylor & Waldrop Attorneys, we offer free initial consultations to assist those in need.
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Family Law FAQ
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Can I get a legal separation instead of divorce?The state of Florida does not recognize legal separation. This state instead has a "limited divorce." Limited divorces are mostly like a divorce, with the difference that the parties cannot remarry. If you are seeking a limited divorce, you will need to meet all of the residency requirements and grounds for an absolute divorce. Limited divorce cases still involve property division, child custody, and support matters.
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How long will a divorce take?Most divorce cases take between 3 to 6 months. If the case is uncontested and terms of the divorce are agreed to in advance, the divorce can be accomplished within a few weeks. If your divorce is contested, it could take longer than a year.
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Who will receive alimony?The receiving and giving party of alimony depends on several factors, such as the need of one spouse to be supported and the ability of another to pay. You will want to discuss your specific case with our firm.
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What if my spouse was unfaithful to me?Adultery may be considered when it comes to certain factors of the divorce, but not others. If marital misconduct was a factor in your case, this will likely play into the giving and receiving of alimony awards. This, however, is only one of many factors that will be considered.
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Do I need an attorney to handle my divorce?Although in some cases you can represent yourself, this is not recommended. Make sure that you consult an attorney in regard to your goals and for assistance protecting your rights. At Taylor & Waldrop Attorneys, we offer initial case evaluations to help you get started.
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