Campbell & Madden, PLLCCampbell & Madden, PLLC2023-07-28T05:58:21Zhttps://www.jamescampbelllaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201523/2021/04/favicon-75x75.pngOn Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499752021-04-23T21:17:25Z2021-04-23T21:17:17ZFlorida uses the term "time-sharing" to describe a situation in which parents share custody of their children. If you and your spouse decide to divorce, you must agree on a time-sharing plan that supports your child's well-being.Review the factors that influence the child custody process for Florida families.
Shared parental responsibility
Florida maintains that children benefit from a close relationship with both parents. You and the child's other parent have an equal responsibility for and right to parenting time. In rare cases, the court may order sole parental responsibility if one parent has a history of domestic violence or could otherwise negatively affect the child's health and safety.
Best interest factors
When parents do not agree to a time-sharing plan outside of court, they can ask the judge to decide. Florida courts consider these and other factors to create an arrangement that supports your child's best interests:
How close you and your spouse live to one another after the divorce
How well you can each meet the child's developmental needs
Whether each of you shields the child from conflict and promotes a relationship with the other parent
Whether either parent has a history of substance abuse, domestic violence or child neglect, or has made a false report about these factors to the court
How each of you has participated in the child's care, education and extracurricular activities
Each parent's mental and physical health
How well you communicate with one another about the child's needs
Each parent's ability to provide a safe, stable environment
Working with your spouse to create a solid parenting plan can help set the foundation for a good coparenting relationship.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499702021-04-08T17:46:11Z2021-04-08T17:46:02ZHow courts view field sobriety tests
Very Well Mind takes a closer look at field sobriety tests. They come in two forms: standardized and non-standardized. An officer may use either, but will likely rely on standardized first. Why? Because they come with a uniform rubric that allows officers to cut down on the influence and interference of personal cognitive bias.
Despite this, courts still acknowledge that field sobriety tests are not an exact science. In fact, more often than not, these tests end up treated as supplementary evidence at best. They may see use as supporting evidence for other failed tests, like blood or breath analysis tests. An officer might also rely on field sobriety test results to prove that they had probable cause to arrest you.
Why do field sobriety tests come first?
Even knowing this, officers tend to lead with field sobriety tests for a variety of reasons. First, they are less invasive than blood or breath analysis tests. It is also easier in general to get a driver to agree to a field sobriety test.
In essence, you should not worry too much if you fail a field sobriety test. It does not mean you will end up convicted. At the same time, you should not completely write it off, either. Doing so could result in you getting taken by surprise in court.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499672021-04-02T19:14:42Z2021-04-02T19:14:33ZIf and when you face drunk driving charges in Florida, you may think that the result of a blood test supposedly confirming your intoxication serves as insurmountable proof of your guilt. Yet many of those who come to see us here at Campbell & Madden, PLLC often express surprise upon learning that legal authorities may view such results as unreliable. Why is this? Much of it has to do with how breath testing devices generate their readings. Understanding this process may provide you with the information needed to challenge the results of a breath test authorities may attempt to use against you.
How alcohol ends up on your breath
When you drink alcohol, the exact form of alcohol consumed is ethanol. This is a water-soluble compound, which means it can permeate the membrane surfaces through a process known as "passive diffusion." This allows the ethanol you consume to pass through the linings of the organs of your gastrointestinal tract and enter into your bloodstream. Once there, the veins then carry it throughout your body, eventually arriving in your lungs. Upon entering your lungs, some of the ethanol vaporizes due to the oxygen contained therein. That vaporized ethanol then leaves your body as you breathe. As this process continues, the ratio between the blood on your breath and that of your blood remains in equilibrium.
Your blood-to-breath ratio
According to the Alcohol Pharmacology Education Partnership, breath testing devices use a baseline assumption of a blood-to-breath ratio of 2100:1 when generating readings. Yet in reality, your blood-to-breath ratio can range anywhere from 1500:1 to 3000:1 (depending on various factors). This contributes to some estimating that breath testing devices having a margin of error as high as 50%. You can find more information on challenging drunk driving charges throughout our site. ]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499642021-03-19T18:33:03Z2021-03-19T18:32:50ZDivorce has far-reaching effects on children that can impact their emotional well-being, social skills and their ability to focus in school. Parents can reduce some of the negative effects of their changing family dynamic when they put their children first.Parents who agree to prioritize the needs of their children can facilitate growth, provide reassurance and reinforce resilience.
Best interests
Courts often assess the best interests of children to determine the most plausible custody arrangement. According to The Florida Senate, some of the conditions courts consider include the following:
The mental and physical health of each child
The emotional bond between each parent and child
The former standard of living of each child
The physical, emotional and psychological safety of each child
The ability of either parent to provide a stable and safe home
Facilitating adaptation
Children thrive when they have an accurate idea of what to expect. The Today Parenting Team suggests that parents establish a consistent routine right away to make adaptation easier. Parents can coordinate with each other to identify logistical expectations that will work for both of them. They can also discuss ways to make custody transitions fluid and anticipated for their children to reduce feelings of anxiety and unease.Perhaps the most important thing parents can do is to listen to their children and validate their concerns. Parents can also utilize therapy as a way to help their children learn effective coping mechanisms and other critical skills. Community events and other social opportunities can help children discover and maintain meaningful relationships where they can find additional comfort and support.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499612021-03-01T22:50:21Z2021-03-01T22:50:13ZIf you are thinking about ending your marriage, you probably know you have to separate from your spouse. However, most people are unsure what to do next to seek a legal divorce in Florida.Review the rules for filing for simplified or regular dissolution of marriage in Florida if you or your spouse has lived here for six months or longer.
Simplified divorce
With this type of divorce, you and your spouse can waive the right to financial disclosure. You can seek a simplified dissolution of marriage in Florida if neither of you plans to ask for spousal support, you agree on how to divide shared assets and debts (if any), and you do not have unborn children or children younger than 18 together.
Regular divorce
If you do not meet the guidelines above, either you or your spouse can ask for a regular divorce in the county where you live. You submit a petition that lists your preferred arrangement for child custody, property division and spousal support. When your spouse receives an official copy of your petition, he or she has 20 days to submit a petition in response. Within 45 days of your filing date, you and your spouse must give the court your complete financial records, including details about income, assets, expenses and debts.If you cannot agree with your spouse about the issues in your divorce, the judge may order you to go to mediation. In this situation, a professional mediator helps you negotiate with one another. If you still cannot come to a divorce agreement after the mediation session, the court will decide in a hearing.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499582021-02-25T19:53:32Z2021-02-25T19:53:04ZNot too long ago, you received a boating under the influence charge, right around when you started searching for a new job. Does your BUI disqualify you from nearly every position in Florida?Chron breaks down how to explain a BUI during your job search. Your criminal record does not have to derail your job search completely.
Face the truth
Companies may easily run background checks on job candidates, so do not lie about your BUI. You do not know if a business employs workers with criminal records, so your charge may not become the impediment you think it to be. On the other hand, employers do not want to work with people who lie, so do not shy away from the reality of what happened.
Share how your charge changed you
What did you learn after your BUI? Do you take responsibility for what happened? When you share the news of your charge, explain how the ordeal changed you and how you seek to improve yourself. You do not have to let embarrassment or shame hold you back. Instead, take what happened and use it as fuel to show companies what you offer that other candidates do not.
Time your reveal
You do not have to mention your BUI on your cover letter, on a job application or even during your initial interview. An ideal time to share your criminal charge is when the employer shows a genuine interest in wanting to bring you on board. After you forge a connection and show your professional skills and experiences is the time to mention your BUI.Know your rights regarding getting a job with a BUI. Proper knowledge may make the experience easier.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499542021-02-17T04:47:27Z2021-02-17T04:47:19ZPossessing heroin or cocaine is not the only way to run afoul of Florida’s drug laws. Law enforcement could also arrest you if you have an item the law calls drug paraphernalia. Many people may not know that possessing one or more of these items could result in fines or jail time.Drug paraphernalia refers to materials or devices that people use to produce or ingest drugs. A bong or a water pipe is paraphernalia when a person uses it to smoke cannabis. So if you want to avoid arrest in Florida, it may help to know what the state defines as drug paraphernalia.
The definition of paraphernalia
State law does not name specific devices as paraphernalia. Instead, the law defines paraphernalia by function. If you grew illegal drugs, the devices you used to plant, cultivate and harvest the drugs would be paraphernalia. Anything you use to prepare or process drugs is also paraphernalia. Since state law also criminalizes the storing or concealment of drugs, the police might look upon packaging material as paraphernalia if you intended to use it to contain heroin or meth.
The delivery of paraphernalia
A Florida prosecutor may also charge you if you deliver paraphernalia to another person even though you had no part in using it for producing or using drugs. The key is whether you knew the person was going to use the delivered items as paraphernalia. If you could not have reasonably known about the illegal use, you have a defense against possession charges.In addition, the law may charge you with a crime for selling or advertising paraphernalia. Once again, these charges depend upon your knowledge that you are selling or advertising items intended for illegal drug use. Since some items used with drugs also have legitimate uses, law enforcement has the burden to prove the items in question were clearly paraphernalia.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499492021-01-31T23:56:12Z2021-01-31T23:56:04ZDid you provoke the attack?
Section 776.041 of the Florida Statutes explains that you are generally unable to use the self-defense strategy if you are the one provoking the attack. The following points are two exceptions to this rule:
You provoke an attack that then turns so violent you become afraid for your life and cannot then escape the conflict
You provoke an attack and then attempt to withdraw from the situation, but the other party continues to physically assault you, despite you telling him or her you wish to stop
You cannot provoke an attack and then claim self-defense because you are technically starting the conflict.
Was your response proportional?
When it comes to self-defense, courts look at the situation to decide if your response to the conflict is proportional to the threat. If someone hits you in the face and you pull out a gun and kill him or her, for example, your response is not proportional to the threat. Self-defense only works if you use a force similar to that which you experience.
Understanding these key points regarding a self-defense strategy can help you better understand any charges you may be facing.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499462021-01-24T23:26:11Z2021-01-24T23:26:04ZWhen faced with a DUI charge, your car insurance may not rank high on your list of priorities. Still, knowing how to move forward strategically involves taking a look at all the risks and inconveniences that may result from a successful conviction.Nerdwallet estimates that your car insurance premiums might climb by around 75%. Are you willing to pay an increase like this?
What affects the final number?
Just as when you first applied for your car insurance policy, many factors affect how high your premium becomes. Note that in some cases, your insurance provider might decide you are no longer insurable and cancel your policy. What insurance companies consider important might also vary, but these tend to rank among the most common criteria:
Whether this is your first DUI
Whether you have other driving-related issues on record
How old you are and how long you have had your license
Whether you drive a high-risk vehicle, such as a sporty coupe
Whether you successfully complete a defensive driving course
Whether you had a serious accident or anyone suffered serious injuries
What can you do to lower the number?
If your car insurance premium climbs too high or the insurer kicks you off the policy, there are a few ways you can get better insurance. The first step to take involves shopping around for other options. Next, try to take advantage of discounts, such as those for multiple policies, paying in full, going paperless or using driver-tracking technology.NerdWallet estimates that, in Florida, you could see an annual increase of $699 in your policy premiums. You may also need to complete the FR-44 form and file it to satisfy court requirements.]]>On Behalf of Campbell & Madden, PLLChttps://www.jamescampbelllaw.com/?p=499432021-01-12T00:08:58Z2021-01-12T00:08:52ZA divorce often begins with one spouse moving out of a couple's shared marital residence. If he or she intends on gaining custody of the children, property division may require discussing ownership of the family's home. To keep a house, the spouse wishing to continue living in it may need to refinance the mortgage in his or her name.As noted by Bankrate, a lender may consider an individual's credit score and income to determine his or her ability to continue payments. When filling out a new mortgage application, monthly income may include court-awarded financial support. If the court order shows a schedule for receiving regular spousal or child support payments, it may help a lender determine how much an individual may afford.
Purchasing a house from a soon-to-be ex-spouse
Florida's divorce laws require assets acquired during a marriage to divide fairly between two spouses. If a property has substantial equity value, one spouse may use it to buy out the other spouse's fair share.When the custodial parent needs to buy the house to continue residing in it with the children, the home’s equity may provide funding for a down payment. Refinancing or applying for a new mortgage using a home’s equity may generate sufficient cash to take ownership of the house from an ex-spouse.
Creating a shared residence schedule
Some couples with a shared or joint custody arrangement may find it convenient to continue owning the house together. As reported by U.S. News and World Report, agreeing on a "nesting" schedule allows each spouse to take turns living in the house with their kids. Individuals who travel for work or who do not plan to remarry may find nesting serves as a workable short-term arrangement during a divorce.]]>