Florida Legal Information

At LaGamba Law Firm, in Winter Park, Florida, we realize that you may be visiting our web site to gain useful legal information before you contact us for a legal consultation to discuss your case or situation.

With that in mind, we thought you’d appreciate having access to a variety of:

Frequently Asked Florida Legal Questions and Answers
Legal Term Definitions
Useful Legal Help Links
Legal Help Articles

We will continue to add more content to our Florida Legal Information area, so feel free to check back often, or to email us if you have a topic to suggest that we cover.

Please keep in mind that the legal information on this website is meant to provide a general overview and is not meant to be considered legal advice.

Should you need Legal Advice about your Florida case, please contact the LaGamba Law office at: 407-644-2315.

Helpful Links

Florida, Clerk of Courts, Orange County-425 N. Orange Avenue, Orlando, Florida 32801 (407) 836-2060
www.myorangeclerk.com

Florida Bar www.floridabar.gov

Florida Law Frequently Asked Questions

Florida Family Law encompasses all legal matters pertaining to family and/or domestic issues.
Examples of popular legal issues falling under the Florida Family Law umbrella include:

Family Law Mediation
Divorce
Separations
Alimony
Child Relocation
Child Support
Child Visitation
Child Custody
Paternity
Modifications
Marital Agreements
Adoptions
Spousal Support
Domestic Violence
Estate Planning

To help give you a better understanding of these legal issues, we’ve included a list of the most Frequently Asked Questions about Florida Family Law below.

Feel free to contact LaGamba Law Firm in the Orlando and Winter Park area of Florida for a Family Law Consultation at 407-644-2315.

We can help and represent you if your Family Law case is in our practice area, even if you live out of state.

Florida Family Law Questions

Q: What is meant by the term “divorce?”

A: A divorce, or a “decree of dissolution of marriage,” is a court order terminating a Florida marriage. After a divorce, the marriage no longer exists. Unlike an annulment, which states that the marriage was never valid or never existed, a divorce is the termination of a valid marriage.

The outcome of the divorce should seek to resolve all issues between the parties, such as the division of property, child custody and visitation, and spousal and child support.

Q: I want to divorce my spouse—what’s the first step?

A: There are many complex legal issues when it comes to divorce—from the division of property and debts, to child custody and visitation rights.

You should seek a qualified attorney before beginning the process of divorce. A skilled attorney can help you avoid personal and/or property matters that may cost you money down the road, and will represent your best interests in resolving any financial complications that may arise.

An attorney also can help avoid the possibility of one party claiming that he or she was taken advantage of because all facts were not disclosed. An attorney can also help you determine if mediation or a collaborative approach is appropriate in your case.

Q: Can my spouse and I share one Florida divorce attorney?

A: This is almost always a bad idea and I don’t recommend it- even when a couple thinks they agree on all issues involved in a divorce and think it’s logical to save money and use one attorney to just “handle the paperwork.”

Attorneys recognize the possibility of conflict of interest, in which it is impossible to represent both sides fairly and in actuality can only representing one side. Florida attorneys really can’t represent both sides equally, since in Florida divorce is still usually an adversarial proceeding.

In addition, using separate lawyers does not have to lead to creating conflict where none existed; it may be invaluable, however, in making it clear that parties have not considered every potential issue, and have disregarded something that may come back to haunt them later.

Q: Do I need to give a reason to get divorced?

A: Florida is a no-fault divorce state, meaning that you do not to prove that one spouse is “at fault” for causing the divorce. The only grounds needed for a Dissolution of Marriage in the state of Florida is “irreconcilable differences,” which have caused the irremediable breakdown of the marriage. The court shall enter a decree of dissolution under these grounds if the other party does not deny that the marriage is irretrievably broken.

If your spouse is incurably insane, that is another ground for divorce in Florida. Another requirement to file for divorce in Florida is that you are a resident of the state, having lived in the state for at least 6 months prior to filing. Lastly, the court needs to obtain jurisdiction over the issues in the case and that may mean Florida is the last place both parties lived together as husband and wife. There are times when the legal requirements can become blurred, so it may be in your best interest to consult with an attorney from the LaGamba Law Firm.

Q: What if I want a divorce and my spouse does not?

A: Divorce can be entered unilaterally, meaning that as long as one party seeks a divorce, the marriage can be ended. That being said, the divorce process goes much more smoothly and quickly if both parties agree upon getting divorced and one party is not trying to impede the process, which can be accomplished by various means of contesting the divorce, hiding assets, etc.

Q: What does contested/uncontested divorce mean?

A: A contested divorce is one where the couple has one or more issues, usually custody and property, that they cannot settle and are not resolved. An uncontested divorce is one without unresolved issues and when a final judgment can be entered without a trial. When there are no contested issues in the divorce, it may appropriate to try mediation or a collaborative law approach.

Q: What is mediation?

A: Mediation is an informal process where you and your soon-to-be ex-spouse meet with a neutral third party, called a “mediator,” and you try to negotiate an agreement in regards to your divorce. The Family Law mediator isn’t a Judge and will not be making any decisions for the parties.

The goal of mediation is to reach an agreement on things like property distribution, child support and custody, and alimony without going to court.

Mediation is often faster because you and your soon to be ex-spouse determine the schedule and the issues. It’s also usually less expensive because you can control the cost, which is usually about 1/10 to 1/3 the cost of a typical divorce case. Mediation is most successful in cases where there are not many contested issues and the parties are on relatively good terms. If mediation is not successful, you can still always take your case to court.

Q: Why should I try to mediate?

A: Depending on where your case is or the jurisdiction of where it will be held, the parties may be court ordered to go to mediation. If you don’t go, you could be in violation of a court order.

No one knows your family better than you and your spouse (or other parent). The process of mediation attempts to move two diverse positions into a single agreement that works best for the family (especially when people have children).

What works for one family doesn’t always work for every family. Time sharing schedules, and needs of children are all very personal, so having the right mediator can help the parties achieve an outcome that works positively for all concerned.

Q: What are the goals associated with Mediation if going to Mediation before filing anything with the court?

A: Goals associated with attending Mediation before filing anything with the court are set up to help parties reach an agreement on real estate (property), assets and debts (equitable distribution), child support and time sharing (custody), alimony, and everything else without going to court.

Q: How long does a single mediation take?

A: Mediation takes as long as the parties want to attend and the issues are being addressed.

If the parties come to an agreement, a settlement agreement is drafted and everyone signs. If the parties do not come to an agreement, the have reached an impasse.

Q: Do we need to hire an attorney before we hire you as a mediator?

A: No, but I will not represent either of you for your court case or as joint representation. My work as a mediator in your case is to remain neutral.

Q: Can we attend mediation before we file for divorce and can you represent both of us to finish the divorce?

A: Yes, you can attend mediation before you file for divorce, however, as mentioned in the F.A.Q. on divorce, it would be a conflict of interest to represent both sides.

Q: What makes you different from another mediator?

A: Not only am I a divorce attorney, but I’m also a certified public accountant (CPA). I can read complicated financial information, understand how much businesses are worth and can help take a difficult divorce into settlement mode.

Should you wish to explore Family Law Mediation, Esquire Dorothy LaGamba is a Certified Family Law Mediator in the Orlando/Winter Park area of Florida and may be able to help you with your local case. She can be reached at: 407-644-2315.

Q: What is a legal separation?

A: There is no such thing as a legal separation. A separation occurs when a married couple decides they no longer want to live together, and then choose to live apart, though they are still married.

Q: Is there any requirement that I physically live apart from my spouse while I file for divorce?

A: There is no requirement that you live apart, but it is important to keep track of when you began living apart from a spouse for the purpose of accounting of what marital debts and assets have been acquired or paid and by whom.

Q: How will our property be divided in a Florida divorce?

A: In Florida, generally all property that has been acquired during the marriage is considered to be marital property, with the exception of property acquired through a gift or inheritance. Marital property needs to divided through a process called Equitable Distribution.

What is Equitable Distribution?

A: Equitable Distribution divides the assets and debts of the parties. This includes personal property, cars, real estate, shared savings and checking accounts, stocks, bonds, shares or interest in a business, 401K, 403B, pensions and insurance policies.

You might think property is something with value, but in fact even things that you might think have “no value” can be classified as property. For example: debt (loans, credit cards) goodwill, business name, professional degree or license, trade mark, copyright etc.

Even if one spouse has earned all the money or a greater portion of the money to acquire the property, all the property is considered marital property. The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on a variety of relevant factors such as the duration of the marriage, economic circumstances of the parties, etc.

Q: What is alimony?

A: Today, alimony is more commonly termed “spousal support” or “spousal maintenance,” referring to payments or transfers of money or assets from one spouse to another after a divorce. Spousal support laws in Florida seek to prevent a divorced spouse from suffering from a decrease in his or her standard of living. Often times after divorce, one spouse is untrained or has been out of the workforce for such a significant amount of time that it would be difficult, if not impossible, for them to quickly attain a job or professional position that would allow them to maintain the standard of living that they may have had while they were married.

Q: How is alimony or spousal support determined?

A: Florida, marital property distribution is awarded then support payments (if any) can be awarded, which is why it can become a very intricate part of the final outcome of any divorce. The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage.

Alimony can be permanent, rehabilitative, bridge the gap, or durational. In determining a proper award of alimony or maintenance, the court may consider adultery and other circumstances in their award. The following alimony guidelines are established
under Florida laws:

The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of each party.
The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.
When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
The contribution of each party to the marriage, including but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
All sources of income available to either party.

Q: Do all divorces involve a spousal support settlement?

A: No, this is a common misconception. Only about ten to fifteen percent of all divorces or separations have any sort of spousal support as part of the final divorce judgment or decree.

Q: What is rehabilitative alimony?

A: Rehabilitative alimony is financial support that is provided for a short period of time after the marriage is dissolved and to allow the receiving spouse time to get adjusted, establish him or herself financially by obtaining skills to become self-supporting. The process to obtain rehabilitative alimony is heavily evidentiary.

Q: What is bridge the gap alimony?

A: Bridge the gap alimony is financial support that is to fulfill a specific and limited purpose of meeting a short term financial difficulty, such as a transition from married to single life. Bridge the gap alimony is normally a much shorter time span than rehabilitative alimony.

Q: What is durational alimony?

A: Durational alimony is financial support that is awarded when permanent periodic alimony is inappropriate. Durational alimony is to provide economic assistance for a set period of time in marriages that are not considered long term.

Q: What is child custody?

A: In Florida, the court will award sole or shared parental responsibility to either the mother, father or both with the best interests of the children as the standard for any decision. All custody cases must have a proposed parenting plan or agreement to be presented to the court for approval before the final order is put in place.

If the parents do not come to an agreement, the court will devise a parenting plan granting shared parental responsibility, based on the presumption that shared parental responsibility is in the best interest of a minor child. Within the parenting plan, all issues regarding the care of the child or children are addressed. Courts no longer call time with the child visitation. The legal technical term is now called time sharing.

Under rotating time sharing, the time with the child(ren) is divided more evenly or equitably (not always the same thing, so ask your attorney what may happen in your particular case). Time sharing is the right of both the child and the parents. The child will spend significant amounts of time with each parent, often weeks at a time. A parenting course is required by Florida laws for all couples with children who obtain a divorce in Florida.

Q: What is shared parental responsibility?

A: The term “Shared parental responsibility” means that both parents make decisions regarding the
children’s health, education, welfare, etc.

Q: What is a parenting plan?

A: parenting plan is a document that outlines all of the rights parental responsibilities, time sharing schedule, and any other issue that parents need to help raise their children without constant legal intervention is addressed. It is meant to be a guide for parties to follow.

Within the parenting plan the parties have a time sharing schedule that is either agreed to and/ or court derived and then ordered as part of the final judgment. Substantial time sharing schedule means that the children spend a significant amount of time with one parent (multiple overnights in a row on a consistent basis). This does not necessarily mean that the time with the children is divided evenly between the parents.

Supervised time sharing schedule can be ordered if it is in the best interest of the child. In most circumstances, it is in the child’s or children’s best interest to have time sharing with both parents.

Q: What is joint legal custody?

A: Joint legal custody, which is much more common than joint physical custody, means that both parents make decisions regarding the children’s health, education, welfare, etc. Joint physical custody means that the children spend a significant amount of time with each parent (multiple overnights in a row on a consistent basis). This does not necessarily mean that the time with the children is divided evenly between the parents.

Q: How is child custody determined?

A: When Florida court’s award time sharing, the Judge will consider all factors affecting the welfare and best interests of the child, including but not limited to:

The parent who is more likely to allow the child frequent and continuing contact with the non-custodial parent.
The love, affection, and other emotional ties existing between the parents and the child.
The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs.
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The permanence, as a family unit, of the existing or proposed custodial home.
The moral fitness of the parents.
The mental and physical health of the parents.
The home, school, and community record of the child.
The reasonable preference of the child as to custody, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
The willingness and ability of each parent to facilitate and encourage a close and continuous parent-child relationship between the child and the other parent.
Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding.
Evidence of domestic violence or child abuse.
Any other fact not specifically expressed in these laws that the court considers to be relevant.

Q: What is child visitation?

A: Florida courts no longer use the term “visitation.” When one parent is granted primary custody of the child or children, that parent is no longer termed the “custodial parent” but is now granted substantial time sharing. The older term “noncustodial parent” is granted time sharing. Through the time sharing schedule, the state and the judge are attempting to provide a system whereby each parent can maintain a healthy relationship with his or her child.

Q: What is child support?

Either parent may be ordered to pay child support. The term “child support” covers all the economic necessities of life required by a child. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses. The calculation of child support is not limited to income available after all the bills of a parent are paid.

Instead, it is a complicated calculation of income based on certain factors, with a limited amount of deductions allowed. Parental income can be determined by real provable income, or if a parent that doesn’t work could be working, that parent’s income can be imputed.

It doesn’t matter if the parents are married, or if they are living together. The responsibility of child support is that of the parents as individuals or as a collective single unit. It doesn’t matter if the parents have not had any contact after the conception of the child. All parents are legally responsible for child support.

Q: How is child support determined?

A: In Florida, either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. The State of Florida requires the filing of a child support guidelines worksheet as well as financial affidavits.

Basically the parties’ combined net income is considered along with the number of children. The statute then gives a figure for the total support needed for the children. From this it can be determined how much support the noncustodial parent will pay. The living expenses of the paying parent are not in general considered except in extreme circumstances. The amount paid for health insurance premiums for the child, as well as 75% of day care or child care costs incurred because of work or school can then be added to the minimum child support obligation.

The payment of child support is a legal requirement which cannot be waived by the parties. The Florida Child Support Guidelines are considered to be correct in all cases. However, the court may adjust the minimum child support award according to Florida law, or may adjust either or both parents’ share of the minimum child support award, based on special or extreme situations.

Q: What if my child’s financial needs change—is it possible to modify the child support agreement?

A: A child support award is an order of the court, and as such if circumstances change that meet the legal requirements, then a modification may be available.

Modifications can be complicated because of the legal requirements. Being prepared to explain to a judge your reasons for the modification is not usually enough. Typical valid reasons include: the child is now living with the other parent, one parent has more/less overnight visitation with the child, either parent has a substantial increase or decrease in annual income, child needs special care or healthcare, substantial increases or decreases in the child’s expenses, or a change in the child support guidelines.

Q: What if I or my ex-spouse want to move and relocate our child- how does that work?

A: Parental and child relocation issues can be complicated and require a major adjustment on the part of all parties involved.

If you are the parent who wants or plans to move more than 50 miles away after a divorce, you need to understand your rights and obligations under Florida’s new parental relocation laws. If your ex-spouse wants or is planning to leave the state with your child, we can explain your parental rights and options regarding the proposed move. There are very specific procedures that must be followed when a parent wants to move, and by not following the law, serious legal consequences could be obtained that would be to your detriment.

Please contact us at the LaGamba Law Firm to schedule a consultation. We’ll take the time to explain your rights, obligations and options under Florida’s parental relocation laws.

To Contact the LaGamba Law Firm about any of your Florida Family Law Legal needs, please call: 407-644-2315.

Florida Bankruptcy Questions

Q: What is Bankruptcy and what are the different kinds of Bankruptcy?

A: Federal bankruptcy laws enacted by Congress were meant to provide debtors a means for a financial “fresh start” from debt. Bankruptcy is a highly complicated area of law dealing with financial information and the law. Let me help you work through this complicated area and help you get the results you were looking for.

For personal bankruptcy there are two kinds- Chapter 7 Bankruptcy and Chapter 13 Bankruptcy.

Florida Chapter 7 Bankruptcy is the most common form of bankruptcy, known as “Liquidation.”

During a Chapter 7 bankruptcy, all of the debtor’s assets with certain statutory exemptions are turned over to a trustee to be sold. Creditors receive any distributions. Chapter 7 is not the means to stop foreclosure on your home or stop repossession on any secured assets. The laws associated to Chapter 7 discharge or eliminate unsecured debt such as medical bills and credit cards. Individuals must pass a means test to file a Chapter 7 bankruptcy, if they fail, that individual may qualify (if they meet eligibility requirements) and may be able to file a Chapter 13.

Florida Chapter 13 Bankruptcy- is called a “wage earners plan” as a means of creating a plan in paying their creditors in three to five years, depending on their income.

This type of bankruptcy is not meant to discharge or eliminate debt. By filing a Chapter 13, foreclosure of a home may be stopped and the outstanding delinquent payments may be made over time. Chapter 13 may allow individuals to reschedule other secured debts (such as a car loan) and extend the outstanding payments over the life of the Chapter 13.

Q: I’m not sure if filing Bankruptcy is right for me, how do I know?

A: If you’re not sure if Bankruptcy is right for you, then contact us at: 407-644-2315 for a consultation and we’ll help you decide if bankruptcy should be considered in your situation.

LaGamba Law Firm is a full service law firm and defined as a debt relief agency under Federal Law. We represent consumers, individuals or married couples, and businesses who wish to file for bankruptcy under the Federal Bankruptcy code.

Florida Civil Litigation Questions

What is Civil Litigation?

Civil Litigation is a type of legal proceeding in which the individual is not facing criminal charges in this particular case, but rather a civil complaint often brought on by individuals.

It is often a dispute between two or more people or businesses. Most civil litigation cases are based on money. Some examples of this type of lawsuit include personal injury cases, landlord and tenant disputes, and breach of contract cases.

There may be a criminal trial proceeding as well, and the outcome of that trial does not have any bearing in terms of acquittal in a civil lawsuit. In most situations, it is best for the two parties to work out an agreement outside of court to avoid media and other unwanted attention.

Florida Personal Injury Questions

Q:Who might have a Florida personal injury accident case?

A: You may have a personal injury case if you’re the surviving family member of a person who lost their life in an accident or if you’re the victim of an accident. The injury must be through the fault of someone else. The injuries may be physical and/or mental or emotional.

Q: What kinds of personal injury lawsuits can be filed on behalf of a Florida resident or people injured in the state of Florida?

A: Examples of personal injury lawsuits for injuries and deaths include:

Motor Vehicle Accidents- including car accidents, truck accidents and motorcycle accidents
Dog Bites – including on and off your property
Falling Injuries-such as a slip and fall accidents
Medical Malpracticefailure to provide proper care, surgical errors and medication mistakes
Accidents on Private Property- including accidents at hotels, resorts and pools
Crime Victims- including victims of sexual assault, abuse and domestic violence
Serious Injuries-life-changing head and brain injuries, injuries to children
Wrongful Death-including death from fatal accidents, drunk drivers, drowning
Workplace Accidents-including construction accidents and forklift accidents

Q: What if I have been injured in an automobile accident?

A: Under Florida law, if a person is injured in a collision, or if there is significant property damage, the police must be called to investigate the accident. Even if the police do not come, it is essential that you obtain the name, address, insurance company and policy number of each person involved in the accident.

You should also get the name and address of the owners of the vehicles in the accident and the tag numbers of all the vehicles in the accident. If there are independent witnesses to the accident, you should get their names, addresses and telephone numbers as well.

While you must report a collision to your auto insurance carrier in order to preserve your right to make a claim under your policy, generally speaking there is no obligation to speak with the insurance carrier of the other driver. Often it is not in the best interest of an injured person to speak with the opposing insurance carrier without the advice of the lawyer.

Q: What is my Florida personal injury case worth?

A: The value of you case is based upon numerous factors including liability, i.e. who was at fault, and the significance of the injury. Personal injury victims are entitled to financial compensation for elements of damage including past medical bills, future medical bills, past wage loss, loss of earning capacity in the future and pain and suffering.

There is no exact formula to determine how much a case is worth and each case should be evaluated on a case by case basis. Our vast experience in handling thousands of cases gives us an approximate value of your case.

Q: How do I know if I need a lawyer?

A: If you have been seriously injured or are unsure as to whether your injuries will permanently affect you, then you should consult an experienced personal injury lawyer, like LaGamba Law Firm, in the Winter Park area of Florida before you give any statements or sign any papers.

Insurance companies have conducted studies showing that they generally pay injured people less money if the injured people do not have lawyers. This is why insurance companies often encourage injured people not to hire lawyers.

From the standpoint of the injured person, it is important to hire a lawyer as soon as possible. Our firm offers a free brief consultation, with no obligation to hire us. If you have questions about an injury claim, you should contact a law firm as soon as possible after you are injured so as not to do anything (such as giving statements or signing papers) that might limit your ability to make a claim.

Florida Wills and Probate Questions

Q: What is a will?

A: A “Will” means an instrument, including a codicil, executed by a person in the manner prescribed by Florida law, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or revokes or revises another will.

Q: Who may make a will?

A: Under Florida law, any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. A person who makes a will is called a “testator.”

Q: What happens if I don’t make a will?

A: A person who has died is referred to as a “decedent.” Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed by the Florida Probate Code. The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.

Q: What are the formalities for the execution of a will?

A: Florida has very specific formal requirements about how a will must be prepared and executed. Failure to comply with the strict requirements of Florida law may result in a document that may not be admitted to probate or a contest over its validity.

Florida law requires that every will must be in writing and executed as follows:

(1)(a) Testator’s signature.–
1. The testator must sign the will at the end; or
2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
(b) Witnesses.–The testator’s:
1. Signing, or
2. Acknowledgment:
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses’ signatures.–The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, is valid as a will in Florida if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with applicable Florida law shall not be considered a holographic will.

Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in Florida.

No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. A codicil (an amendment to the will) shall be executed with the same formalities as a will.

Q: Can LaGamba Law Firm help me make a Florida Will?

A: Yes, we can. Simply contact our office to schedule an appointment and get started. 407-644-2315.

Florida Employment Law Questions

Q: What falls under Florida Employment Law?

A: Florida Employment Law covers a wide range of issues including:

Wrongful Termination
Workplace Discrimination
Sexual Harassment
Safety
Privacy
Retaliation
Wages and Salaries Issues
Workers’ Compensation
Unemployment Compensation

Q: In Florida Employment Law what is a “wrongful termination?”

A: A “wrongful termination” is one in which an employer has discharged or laid-off an employee in violation of a legal right of the employee.

It is not enough for the employee to simply show that he/she was treated unfairly but the person must show that the firing was “wrongful” meaning one or more legal rights were violated.

Almost every state has adopted the legal concept of “employment at will” which developed in England centuries ago and means that it is presumed that the employer has the right to terminate someone with or without a reason and likewise the employee has the right to quit at any time with or without a reason. There are a number of exceptions to the employee at will doctrine (the exceptions vary depending upon where the person worked) and those exceptions generally fall into the broad categories listed below:

Violations of Public Policy
Breach of Contract
Breach of Implied Contract
Breach of Covenant of Good Faith and Fair Dealings
Discrimination based on age, race, sex, disability, religion and/or national origin

Q: What is the definition of sexual harassment as it relates to the workplace?

A: Unwelcome advances, propositions or other spoken or physical conduct that is of a sexual nature are the basis for what constitutes sexual harassment.

There are generally two kinds of sexual harassment: quid pro quo harassment and hostile work environment harassment.

With quid pro quo harassment, the individual reasonably believes that refusal to tolerate sexual harassment will directly result in interference with their employment status. This can include the specific or inherent threat that the person will lose their job or benefits or that they will not be considered for raises, promotions, etc. Hostile work environment harassment means that the sexual harassment is either such that the individual’s performance at work is diminished or such that the environment in the workplace becomes hostile or offensive (as a direct result of the sexual harassment).

It should be noted that sexual harassment applies to both males and females equally (on both sides of the harassment). With hostile work environment harassment in particular, one does not have to be the specific victim being sexually harassed. If others in the work environment feel that the workplace has become hostile or offensive, a sexual harassment claim can still be considered valid.

Q: I feel like I’m being harassed at work, what should I do?

A: If you believe that you are the victim of sexual harassment, make sure you have told the harasser, preferably verbally, that their conduct is unwelcome (repeatedly if necessary).

If the behavior continues, use whatever means you have in your workplace to complain to your employers (if your employer is the one harassing you, find their superior or a comparable means of making your complaint official).

If the harassment continues, then immediately contact an attorney or your equivalent state sexual harassment agency. Taking these steps is very important because you will want to be able to show in court that you used all reasonable means to stop the behavior.

Florida Criminal Law Questions

We at the LaGamba Law Firm understand that you probably have many questions concerning your criminal matter. To that end, we have prepared this Florida Criminal Law area of our website to help answer some of your questions about the criminal court process.

What follows below is a list of Frequently Asked Florida Criminal Law questions and answers that address some of the terms, definitions and issues you might encounter during the criminal legal process.

Helpful information about criminal legal terms, the types of crimes you may be charged with (misdemeanor, felony, domestic violence, DUI, etc.), what to do if you’re arrested and more follow.

Please take some time to read this and feel free to contact the LaGamba Law Firm if there is anything you do not understand at: 407-644-2315.

Q: What is an Arrest?

A: An arrest is where the police detain a person in any way that makes it clear that they are not free to leave. Before the police can ask you any questions about your involvement in or knowledge of a crime, they must read you your “Miranda warnings” and tell you that you have the right to remain silent and that you have a right to speak with an attorney before you answer any questions.

Q: What is an “Arraignment?”

A: An arraignment is really just an administrative hearing when you will be formally charged with a crime and asked to respond by pleading guilty, not guilty or no contest. Most of the time attorneys prefer their clients to plead not guilty at the arraignment because the plea can always be changed later depending on what the attorney discovers during his or her investigation.

Q: What is Bail?

A: Bail is money that is given to the Court to hold while your case is pending, to guarantee that you will show up to court when you are supposed to. You are allowed to post bail while your case is pending except in cases of first degree murder and violation of probation.
The amount of bail usually depends on the local bail schedule which is, among other things, based on the seriousness of the crime you are charged with. The judge may lower the bail amount if your attorney shows that you are unlikely to run (for example, that you have strong ties to the community by way of a steady job, family etc.) You can get all of your bail money back at end of case.
If the court initially denies bail or sets the bail bond amount beyond what you can afford, we at the LaGamba Law Firm can file a motion on your behalf to set a reasonable bond and have a judge grant you a reasonable bond or lower the amount of a bond already in place.

Q: What is a Bail Bond?

A: A bail bond is money that is given to the court by a “bondsman” to guarantee that you will show up to court when you are supposed to.
A Bondsman is a person who charges a fee (usually 10% or 15%) for posting the bond. If you do not appear in court when you are supposed to, the bondsman may lose his or her money or property. Usually, the bondsman will look for you and bring you back to court, forcefully if necessary, in order to get their money back.

Q: What is a Charge?

A: A charge is a formal accusation of criminal activity. The prosecutor decides on the charges after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at the Arraignment.

Q: What is a Plea?

A: A plea is the defendant’s formal answer to criminal charges.

Q: How do Plea Bargains Work?

A: A plea bargain is a negotiation between your attorney and the prosecutor. The defendant usually pleads guilty to a lesser crime or fewer charges in exchange for a guaranteed sentence that is shorter than what you could get if convicted at trial.

Q: What Type of Charges Are “Criminal” And Can You Define Them?

A: DUIs, Domestic Violence, Misdemeanors and Felonies are considered “Criminal.”

Here is some information you’ll want to know about each:

Driving Under the Influence (DUI) Driving under the influence refers to an individual operating a motor vehicle while under the influence of alcohol or a controlled substance (an illegal drug or a prescribed medication).
Although it is legal to drink alcohol and operate a motor vehicle, it is illegal to do so while “under the influence,” when your ability to walk, talk, judge distances and react to emergencies has been impaired by alcohol or drugs, making it difficult to operate a motor vehicle under normal driving conditions.

When on patrol, Law Enforcement Officers typically look for drivers who exhibit a “driving pattern” that may consist of some or all of the following:

Speeding, driving significantly under the speed limit, failing to stay within a single lane, crossing over the painted lane boundaries, weaving from lane to lane, failing to stop as directed by a stop sign or traffic signal, etc.
Upon conducting a traffic stop of a person suspected of DUI, a Law Enforcement Officer typically observes the driver for physical signs of impairment, such as:

Flushed face
bloodshot eyes
slurred speech
odor of alcohol impurities on the breathM
slow uncoordinated movements
delayed or incoherent verbal responses to questions
using the vehicle door for support when exiting the vehicle
swaying while standing and stumbling while walking.

If the Law Enforcement Officer concludes that there is sufficient evidence to support an arrest for DUI, the Officer may during custody seek to obtain a sample of the driver’s breath to determine the estimated alcohol content of the driver’s blood. The legal limit for a driver’s blood alcohol level in Florida is currently 0.08%.

DUI is a criminal traffic offense, whose penalties increase with each subsequent conviction and which, under certain circumstances, may be charged as a felony. In addition, if arrested for DUI, your Florida Drivers’ License is subject to administrative suspension by the Florida Department of Motor Vehicles.

Domestic Violence

“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Misdemeanors

“Misdemeanors” are the lesser criminal offenses punishable by no more than one (1) year of jail or probation, or a combination of jail or probation, and/or a fine of up to $1,000.00. In Florida, there are second degree misdemeanors, which are punishable by up to sixty (60) days jail, six (6) months probation, and/or up to a $500.00 fine; and there are first degree misdemeanors, which are punishable by up to one (1) year of jail or probation, or a combination of jail or probation, and/or a fine of up to $1,000.00.

Examples of Misdemeanors include:

Criminal Mischief up to $200.00
1^st degree Petit theft
Identity Theft
First Offense DUI.

Felonies

“Felonies” are the greater criminal offenses, ranging from third degree felonies to first degree felonies punishable by life imprisonment or by the death penalty. Categorically, a third degree felony is punishable by up to five (5) years of state prison, probation, or a combination of prison and probation, and/or a fine of up to $5,000.00; a second degree felony is punishable by up to ten (10) years of state prison, probation, or a combination thereof, and/or up to a $10,000.00 fine;

Examples of Felonies include:

Aggravated Assault
Possession of a Controlled Substance
Carrying a Concealed Firearm
Aggravated Battery
Drug Trafficking
Murder.

Q: What Should I Say If I’m Arrested?

A: If you’re arrested, you are being charged with a crime. This means the police think you are guilty. You may or may not be guilty. Either way, the most important rule to follow at all times is: Never talk to anyone except your attorney or your attorney’s staff about your case.

Do not explain yourself. Do not say anything to anyone about your situation.

Even if you say something perfectly innocent, there may be a way to use it against you and anyone can be used as a witness against you, even your relatives, friends and cell mates. Don’t take a chance – talk only to your attorney.

Q: But I’m innocent, shouldn’t I explain to the police?

A: No, but feel confident it will come out that way. You cannot talk your way out of being charged with a crime so don’t say anything to anybody about the case. Somebody thinks you are guilty and anything you say might complicate our job of establishing your innocence.

Q: What if I may be guilty?

A: Even if you feel you’ve done something wrong, don’t be discouraged. You may be guilty of a less serious offense than the one you are charged with. If you are proven guilty, your attorney can still help you get the best sentence available – whether probation, a short sentence or otherwise.

Q: What Should I do Now That I’ve Been Charged and Have Retained You As Legal Counsel?

A: First, tell your me the whole story. You must be completely honest with your attorney. My job is to help you and I am not allowed to tell anybody what you have told me except to help you. If you have lied to me, I may take action on your behalf which will be impossible to correct when the truth comes out. If you have told me something that is not true, do not be afraid to tell me the truth now. I will not be angry at you. I need to know the whole truth so I can represent your best interests without being surprised later on after it’s too late to change my strategy.

Behave yourself. Between your arrest and your trial you must stay out of trouble. The last thing you need is to go to trial with another problem hanging over your head. Do not go and talk to potential witnesses. Do not try to justify yourself to anyone. Your friends don’t need to hear it and people who think you are guilty won’t believe it. The only person you should communicate with about your case is your attorney.

Q: If I’m in a Pre-trial Detention Center Will They Monitor Our Communications?

A: If you are in a pre-trial detention center you should be aware that telephone calls are monitored. Be aware that your incoming and outgoing mail may be opened and read.

Mail to and from your attorney will not be read if you write “Attorney Client Legal Mail” on the envelope.

In addition-Be aware that you may have to get prior approval before your family will be allowed to visit you. If you want family members to visit, talk to detention center officials about getting them on your approved list of visitors and/or telephone numbers you are allowed to call. Be aware that in order to purchase things in the commissary or make long distance telephone calls, you must have money deposited into your account with the detention center.

We are accepting Florida Criminal legal cases in the Winter Park/Orlando area of Florida and in Orange County, Seminole County, Volusia County, Osceola County, Brevard County and Flagler County.

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