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Fort Myers Legal Issues Blog

Florida's definition of drug paraphrenalia

When Floridians think about drug charges, they often envision those criminal offenses that are most obvious, such as possession and possession with intent to distribute. These drug crimes are common enough, and those accused of them need to vigorously defend themselves, but these offenses are not the only drug charges that can disrupt an individual's life. Instead, even seemingly minor crimes related to drugs can have a significant impact on one's life.

One such criminal offense is the possession of drug paraphernalia. A conviction based on the possession of drug paraphernalia can result in jail time, fines, and irreparable harm to one's reputation. Florida law has a very broad definition of paraphernalia, too, which means Floridians accused of this will have to be active in defending themselves if they hope to avoid harsh penalties.

Child custody and the child's best interest standard

Divorce is rarely an easy process to finalize, especially when there is a lot of animosity between the parties involved. However, the conflict often associated with divorce can be seen even in non-marital relationships, especially when children are involved. Many of these individuals will find themselves facing contentious child custody and visitation issues, the outcome of which may reshape their contact and relationship with their children. In other words, there is a lot at stake when dealing with these matters.

Couples that are unable to resolve child custody and visitation disputes on their own must litigate the matter in front of a family law judge. The judge will make a determination based on what they believe is in the child's best interests. To make this determination, a judge will consider a number of factors. The wishes of the child, if they are old enough, may play a critical role. Other considerations include any school and community adjustments that may affect the child, the relationship the child has with each parent, and the presence of any domestic violence or substance abuse issues on the part of the parents.

When is it necessary for fathers to seek a paternity action?

It can be difficult for Florida parents to work together on custody matters, whether they were never married or are going through a divorce. Custody, parenting time and parental rights are complex and emotionally charged issues, and it can lead to difficult disputes. If you are a father, you may find it particularly challenging to secure your rightful visitation time or custody rights.

Paternity is a factor in many cases involving fathers who want to seek time with their kids, especially if they were not married to the mother of the child. Issues such as presumed paternity and disputed paternity can be especially challenging and confusing for dads who simply want to protect the best interests of their children. If you are a father fighting for access to your kids, a paternity action may be necessary.

We know how to defend against drug charges

Recently on the blog, we discussed a raid the resulted in multiple drug charges being levied. The war on drugs has raged on for years, and many Floridians have found themselves the subject of criminal investigations as a result. The stakes are extremely high in these cases, as a criminal conviction can result in years or even decades behind bars.This is why those who have been accused of various drug crimes need to do everything they can to mount a successful criminal defense. There are many ways to do this. One common defense tactic is to assess whether or not the police acted in conformity with the law when discovering crucial evidence. For example, a traffic stop that had no legal basis could result in evidence of drug possession that was obtained after that stop being thrown out in court. This means that the evidence cannot be used against the defendant.There are many situations where evidence may be suppressed. Police may act without a search warrant or they may act beyond the scope of a legally obtained search warrant. Also, officers sometimes wrongly attribute drug possession to an individual when there are multiple individuals involved in the incident that led to arrest.With your freedom, reputation, money and future on the line, there is no option but for you to be aggressive in the way you approach criminal charges, particularly those involving drugs. The legal team at our firm has established a solid track record of success defending those who have been accused of these crimes.

With strong litigation skills, we are not afraid to take a case to trial. This leaves us in a strong bargaining position at the negotiation table. Therefore, we give our clients options so that they can make fully informed decisions that they think are in their best interest. Only then can they pursue a legal avenues that they feel will increase their chances of avoiding or beating the harshest penalties prosecutors are seeking to thrust upon them.

Drunk driving charges and the walk-and-turn test

Drunk driving charges are nothing to laugh at. In fact, a drunk driving conviction can carry significant penalties that can have long-lasting consequences. To avoid these penalties and their ramifications, accused individuals need to carefully plan how to build the strongest criminal defense possible under the circumstances. One of the first steps in doing so is understanding how the prosecution builds drunk driving cases.Oftentimes, prosecutors look to evidence gathered by law enforcement officials during routine traffic stops to help build their cases. This usually includes field sobriety tests. One commonly utilized field sobriety test is the walk-and-turn test.Here, a police officer requires a suspected drunk driver to take a certain number of steps in a heel-to-toe fashion along a straight line.

After taking the steps, the test subject is expected to turn and take an equal amount of steps in the heel-to-toe fashion along the same straight line. While taking these steps, an individual is supposed to keep his or her arms stretched out to his or her side.

Fort Myers raid leads to multiple drug charges

Drug crimes can carry serious penalties for those who are convicted. Making matters worse is the fact that many drug charges are accompanied by other allegations of criminal wrongdoing, which can increase the potential consequences.

However, by developing a criminal defense that fits the particular facts at hand, a Floridian may be able to accept reduced charges and penalties, or it may even be possible to have charges dismissed or win an acquittal at trial.

Florida's parental relocation law

There are a wide variety of legal issues that can arise during the marriage dissolution process. Property division and spousal support may be primary financial concerns, but many Floridians who have children would agree that child custody and visitation is the most important consideration when divorcing.

Whether through divorce negotiations or litigation, a child custody determination and visitation arrangement will be ordered, but unlike many of the other divorce issues, child custody and visitation arrangements are subject to modification as life changes occur.

Top reasons for college student arrests in Lee County

College can be an exciting time where students chase their aspirations and build life-long friendships. At the same time, college is also full of young and inexperienced adults who can be reckless when it comes to decision-making. With tens of thousands of students on campus who are likely to engage in rowdy party scenes, it is not uncommon to hear about college students facing criminal charges.

Lee County is no stranger to college student crimes. With schools like Florida Gulf Coast University (FGCU), Florida South Western State College (FSW), and Hodges University in the area, the local crime rates are bound to be impacted. While each school faces its own share of alleged criminal activity, there are some charges that stand out among the crime logs of all colleges:

Equitable property division in a Florida divorce

Divorce is rarely an easy process. In many instances, there is just too much at stake for the parties to amicably resolve all legal issues related to the marriage dissolution process.

One of the major sticking points of divorce is property division. After all, the outcome of this issue can completely define one's post-divorce financial position for years, perhaps even decades, to come. A lot of times there are also a lot of emotions tied up in personal property, so trying to figure out how to divide those assets can lead to significant conflict.

What is the horizontal gaze nystagmus test?

Floridians who are suspected of drunk driving are usually subjected to a number of field sobriety tests. The results of these tests may dictate whether criminal charges for drunk driving are filed, and they can play a powerful part in a prosecutor's case. Therefore, those who are accused of driving while intoxicated need to ensure they understand these field sobriety tests and how to fight back against them in a court of law.

One commonly used field sobriety test is the horizontal gaze nystagmus test. This test looks for involuntary jerking of the eyes, also known as nystagmus, which is caused by intoxication. To conduct the test, a police officer will first observe a driver's eyes at rest to see if nystagmus can be detected. If so, then the involuntary movements may be attributable to a medical condition rather than intoxication.

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Ian F. Mann, P.A.
1424 Dean Street
Fort Myers, FL 33901

Toll Free: 866-416-1488
Phone: 239-935-5935
Fax: 239-332-5242
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