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Jacksonville DUI, Divorce, Criminal Defense & Personal Injury Lawyer. Your Justice is our job.

Top 4 Mistakes Made When Pulled Over for a DUI in Jacksonville

by Administrator 12. May 2012 14:19

Being pulled over for a DUI in Jacksonville, or anywhere, can be a very frightening and disconcerting experience. As the leading Jacksonville DUI lawyer, I want to make sure you are aware of your rights in this situation. Below are four mistakes people make if they are pulled over for a DUI in Florida.

1. Taking the sobriety test

You do not have to take the breathalyzer test. It is important to note that is required by law and if you do not take it the Department of Motor Vehicles will suspend your license. However, often by people taking the field sobriety tests or trying to talk the police out of being arrested, people talk themselves right into a conviction. If you refuse the field sobriety tests, you will likely be arrested, but then you are able to use a Jacksonville DUI lawyer to help you fight your case and for your rights without providing any additional information to law enforcement to be used against you in the future

2. Talking too much

Often times what you say at the time you are pulled over helps the police build a case against you for a DUI conviction. You should always be polite in these situations, but you should also say as little as possible. Aside from telling the police officer(s) who has pulled you over that you would like a lawyer, you should not be providing any other comments or information to law enforcement.

3. Taking the breathalyzer test because you are afraid of having your license suspended

If you refuse a breathalyzer test your license will be suspended by the Department of Highway Safety and Motor Vehicles.   However, you are able to get a hardship driver’s license which would allow you to drive to work, to the doctor, to the store or any other life necessities which require a car within 30 days.  In addition, your Jacksonville DUI lawyer, will request a hearing within ten days of your arrest at the DHSMV to challenge the license suspension due to breath test refusal.  Better to have a license suspension than a criminal DUI.

4. Not realizing when you are being videotaped

During your time in the police car and while you are waiting to be booked into the jail,  it is very likely that you are being videotaped. Anything recorded on these tapes can be used in a conviction against you.

If you have been arrested in Jacksonville for a DUI, call the DUI Jacksonville lawyer with the experience to fight your case and for your rights.

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4 Biggest Mistakes You Can Make During Divorce in Jacksonville

by Administrator 9. May 2012 16:17

Going through a divorce can be a very emotional and uncertain time. Being backed with the right knowledge and obtaining the right divorce lawyer is tantamount in obtaining your desired outcome from the divorce process.

As a seasoned Jacksonville divorce attorney, I have seen people make a lot of unfortunate and preventable mistakes in the divorce process. These mistakes only add to the frustration and complications which can arise during the divorce process. The top four mistakes  people make (and you should avoid making) are as follows:

1. Keeping the children away from their parent

When children are involved in a divorce, the Florida Courts primary concern is what is the best course of action for the children or more specifically, the best interests of the children. The Florida Courts look at the behavior of both parents during the divorce proceeding as part of what they use to determine the best home situation for the child or children. If one spouse is not allowing another to see and spend time with the child or children, the Florida Courts will not rule favorably for the spouse withholding visitation which is now called “timesharing” in Florida.

2. Disparaging the other parent in front of the children

Similar to the negative impacts of keeping the child or children away from the other parent, the Florida Court system views negative comments about the other parent in front of the child or children as significant information in determining who gets majority timesharing of the child or children.

3. Not being educated on your finances

Knowing where you have money and proof of having this money is critical in ensuring you receive what is just in your case. If you are not aware of all accounts, debts, investments, retirement accounts, housing, etc., you are at risk of not receiving your portion of this income.

4. Not getting a lawyer when your spouse has hired one

If your spouse has hired a lawyer but you have not, your spouse has someone who has the experience to know and to fight for what they are entitled to. If you do not have someone who is doing the same for you, you are putting yourself in significant risk.

The right Jacksonville divorce attorney can significantly help during this very difficult time. Call the divorce attorney Jacksonville, Florida knows and trust for a free case evaluation, today!

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5 Things You MUST Know About Divorce in Jacksonville

by Administrator 9. May 2012 16:14

Divorce is the biggest business decision you will make in your life. It is also one of the most emotionally challenging aspects of life. To go through the divorce process via the best means possible you need both a great Jacksonville divorce lawyer and to be well educated on the divorce process. Below is a list of the top 5 things you need to know about the divorce process in Florida.

1. When to talk to your spouse and when to talk to a your divorce lawyer

If you are contemplating a divorce, prior to telling your spouse of your decision, you should consult a divorce attorney to put yourself in the best financial light and position possible. If children are involved, this is even more critical as you need to be provided legal guidance on how to position yourself appropriately for the best outcome for you and your children throughout and after the divorce proceedings.

2. How to start the divorce proceedings in Jacksonville

Once you have met with a lawyer and have informed your spouse that you would like a divorce, you need to meet with a lawyer who will then draft your Petition for Dissolution. This Petition for Dissolution will be served to your spouse. Once your spouse has received this Petition for Dissolution they have 20 days to respond. If they do not respond within these 20 days you can ask for and receive a default judgment. If your spouse does respond to the Petition for Dissolution in 20 days or less, then your lawyer and your spouse’s lawyer will meet with the judge to set a date for trial. The date for trial is typically two to three months after this meeting. A trial is only necessary if mediation is not possible or if a settlement is not reached in mediation.

3. Mediation can make everyone happier

Mediation is the recommended approach as this is a wonderful tool that allows for everyone to come to an agreement on how to settle the issues in the case.  Mediation can last anywhere from a ½ day to a full day and involves you, your lawyer, your spouse and your spouse’s lawyer meeting in an agreed upon location. You and your lawyer will likely be located in a separate room than your spouse and his or her lawyer. The lawyers will talk amongst each other and with their individual clients until an agreement is reached.

4. What to do if meditation is not possible

If mediation is not possible, or if an agreement is not reached during mediation,  then the trial date will be held and a judge will determine how your assets and family responsibilities will be divided.

5.The length of time it can take to finalize a divorce

The divorce process can take between six months and a year depending on the individual circumstances of the case, sometimes longer.

Want to talk with the divorce lawyer Jacksonville FL knows and trusts? Contact The Lonker Law Group today.

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