Jeffrey P. Cario, P.A.LEVERAGING OUR EXPERIENCE TO SIMPLIFY COMPLEX LEGAL PROBLEMS2024-03-12T21:06:09Zhttps://www.jeffreycario.com/feed/atom/WordPress/wp-content/uploads/sites/1302119/2020/06/cropped-site-identity-32x32.jpgOn Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=479002024-03-07T13:47:44Z2024-03-12T21:06:09Zchild custody and property division.
Typically, the spouses (each represented by their own counsel) must go through a lot of negotiation before they can make these decisions and formalize them in an agreement. These negotiations can be difficult even if the divorce is relatively amicable and the spouses are able to act civilly with each other. The nature of the system leads each side to resist compromise and push for as much as they can get out of a settlement.
Sometimes, what the spouses need is a third party who can break through the adversarial nature of the process in order to help both sides reach an agreement.
That's the purpose of a mediator.
Neutral third party
A mediator is a neutral third party hired by both sides and not choosing one over the other. Unlike a judge or an arbitrator, a mediator doesn't have the power to render a decision. Instead, the mediator's role is to facilitate the negotiations and gently push both sides toward agreement. The sooner they reach agreement, the less expensive the process and the earlier they can put the divorce behind them.
If the mediation is successful, the parties sign an agreement and send it off to the court for approval.
Where mediation works best
Mediation can help speed up the process of negotiating a settlement in many types of divorces, but it is particularly well-suited to cases involving parents who have young children and must work out a child custody arrangement. These parents must continue to work together to coordinate parenting schedules and so it's especially important to reduce the animosity and lingering bad feelings that are so common with our adversarial legal system. This can make school drop-offs and pickups easier for the parents, and can help shelter the children from some of the ugliness of divorce.
That said, mediation can also help spouses who don't have young children, and with issues such as property division and spousal support. So long as both sides are knowledgeable about the issues and committed to reaching agreement, mediation can smooth the process.
Most courts require mediation and will conduct them over Zoom to avoid direct contact, this is especially important in contentious divorces or divorces involving domestic violence.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478992024-01-11T06:57:14Z2024-01-16T06:56:26Zpenalties get even higher if it is not your first DUI conviction or your blood alcohol level was especially high. Most people cannot afford even the minimum of these penalties.
Additionally, a DUI conviction can affect your career and personal life. You may lose your job if it requires a driver’s license to perform.
Your friends and family might now look at you as someone who has an alcohol problem and treat you differently. You will also now have a criminal record, which could mean less future career and educational opportunities.
These are all reasons why it is vital to fight a DUI charge with the strongest possible defense. But do you have any defenses? Do people actually beat DUI charges?
Depending on your case, you may have one or more defenses available to you. Let’s look at some common ones.
Were you drunk driving or was it something else?
The most obvious defense is that you were not driving drunk. The police must have reasonable suspicion to pull you over.
This means they must see signs that you may be driving drunk. For example, speeding, running a red light or drifting from side to side are typical signs of drunk driving.
When the police pull you over, they continue to look for signs you are driving drunk, such as bloodshot eyes or slurring.
However, none of these are proof of impairment. There are plenty of other explanations. If the prosecution cannot prove these signs meant you were drunk driving, you should not be convicted.
Field sobriety and blood alcohol concentration tests
Challenging field sobriety and breathalyzer tests are other potential defenses. Field sobriety tests are notoriously unreliable.
Field sobriety tests involve performing activities such as walking a straight line, following a light with your eyes or counting backwards from 100. They are designed to measure your balance, coordination and memory.
Many people are extremely nervous after being pulled over and this can cause them to fail these tests. Anxiety, poor roadways, medical issues or various other factors can be used to show that your field sobriety test results are unreliable.
Blood alcohol tests are typically the strongest piece of evidence the prosecution will try to use against you, but there are many issues that can cause a blood alcohol concentration (“BAC”) reading to be unreliable.
The BAC device could have been calibrated wrong or the test might have been improperly administered. Your BAC test results must be carefully analyzed.
The police officer who administered these tests is usually called to testify. You will have a chance to question them on the methods and techniques they used if you want to challenge the accuracy of the results.
Were any of your rights violated?
You have certain rights after you are arrested. If your rights were violated, your entire charge could possibly be thrown out.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478852023-11-28T04:20:19Z2023-12-01T19:30:20Zabout their options and take the necessary steps to get their parenting time.
Parents have rights under the law
When the court has ordered a parenting plan, it will detail when and where the child will be. The plan itself can vary on myriad factors, but an example of a parenting plan might be the child is with the custodial parent during the school week and goes to stay with the other parent for the weekend. The non-custodial parent could have extended time with the child during the summer and other school breaks. This can be organized so there is as little disruption as possible and the child has some form of consistency.
For parents who are on good terms, this is rarely a problem and any requests to alter or change the parenting plan for a short time or permanently can be discussed and negotiated with a good chance at a favorable resolution for the parents and the child. In cases where a parent claims that the other parent is keeping the child from them, it is more complex.
Many parents could react emotionally and make the mistake of refusing to return the child or engaging in an argument with the other parent to make matters worse. It is wise to let the courts do their job and handle these issues.
There are instances when the parent is justified in not letting the other parent see the child. If there is domestic violence, there are concerns about domestic violence taking place, the parent is worried that the other parent could abscond from the state or country or other viable fears, it could be sufficient to deny parenting time.
Legal options for parenting plans
If the child will be safe and no other issues exist making it reasonable to deny parenting time, the non-custodial parent has the right to see the child. Failure to do so warrants legal intervention. A parent who is confronted by this issue needs to maintain their calm and let the law handle the matter. Knowing what can be done about these emotionally challenging family law circumstances is the priority to reaching a positive outcome.
]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478782023-09-06T05:56:17Z2023-09-11T20:30:04ZFlorida’s most dangerous roads
As of the writing of this post, nearly 240,000 car accidents have occurred in Florida in 2023 alone. Nearly 2,000 of those wrecks have proven fatal, and nearly 100,000 have resulted in injuries, the latter of which has resulted in more than 150,000 injuries. As you can see, then, Florida is a dangerous place to drive. But here are some of the most dangerous roadways:
US-19 in Pasco County: This stretch of road between San Marco Drive to Denton Avenue is identified by some to be the deadliest in Florida, with 28 deaths in the less than five-mile stretch in one year alone.
I-75: This interstate spans the length of the state, so it would make sense that it sees a lot of accidents. But this roadway has a significantly higher accident rate, with wrecks in Alachua County and surrounding areas seeing as much as a 90% higher accident rate compared to the state average.
I-4: Many consider this interstate to be the most dangerous in the state, with two accident fatalities per mile. Several of these accidents are attributable to distraction and congestion, especially given I-4’s proximity to Disney World.
US-41: This highway near Tampa has seen hundreds of deaths over the last decade, and some sections have accumulated as many as four accidents per mile. Congestion is an issue on this road, but so, too, are stretches of limited visibility, which increases the risk of being involved in a multi-vehicle accident.
I-95: On the Atlantic side of the state, I-95 sees more than its fair share of car accidents. This is partially attributable to lack of guardrails in large sections of the interstate, but speeding is also a major issue on this road, contributing to many of the tragic wrecks seen here.
There are many other dangerous roads across our state. Which one do you think is the most dangerous?
Regardless of how you answer that question, one thing is sure: you’re never entirely safe when you’re out on the road. Therefore, you have to take it upon yourself to stay safe. This means implementing defensive driving behaviors and knowing how to react when danger presents itself.
But what do you do if you’re injured on one of Florida’s dangerous roadways?
First, you need to focus on securing medical care and getting the right supports in place to further your recovery. Then, you can focus on building a personal injury lawsuit.
When you build your claim, keep in mind that you’ll need as much evidence as possible to support your argument for compensation. Take pictures of the accident scene and your injuries, obtain police reports and medical records, and talk to witnesses who saw your accident and experts who can speak to causation as well as the extent of your damages.
By thoroughly preparing your case, you’ll be better suited to recover what you’re owed. Hopefully then you’ll have the financial resources and the closure that you need to focus on your health and your future.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478242023-06-30T19:28:39Z2023-07-05T15:40:44ZEquity and the family home
Florida courts start with the presumption that all marital property should be divided equally between spouses in a divorce. However, the state recognizes that there are times when an unequal distribution is more appropriate. Courts will consider various factors when determining if an unequal distribution is warranted.
One factor is whether it is desirable for any children of the marriage to continue living in the family home. If so, the court might award the family home to the spouse who has primary physical custody of the child if doing so is equitable, is in the child's best interests and is feasible financially for both spouses. Whether staying in the family home is in the child’s best interests is paramount under such circumstances.
The child’s best interests
So, when is it in the child’s best interests to remain in the family home? Well, all children have different needs and what works for one family may not be the same as what works for another family.
But staying in the family home provides many children with a sense of stability. This is especially important during a divorce. The child is adjusting to their parents living under different roofs, which is a major change in their life. Residing in the house, neighborhood and attending the school that they are familiar with helps many children as they process their parents’ divorce.
If one parent is awarded sole custody of the child, it might make sense in some cases for that parent to retain the family home. Doing so promotes the child’s emotional well-being and provides the child with stability during an unstable time.
If parents share joint custody, the division of the family home becomes more complex. Both parents might agree that the child should stay in the family home but disagree about which of them should enjoy the right to also stay in the family home.
When this happens, there are some creative arrangements that might work for some families. For example, parents could try “nesting,” where they both retain ownership of the family home, and rotate living in it with the child. This does, however, require a great deal of cooperation, which some divorced parents may be unable to achieve.
The family home is a major asset in most marriages, and it has a lot of sentimental value as well. It is natural for both spouses to want to stay in it after their divorce.
If a parent has custody of their child, they may feel entitled to the family home. And while it is often in the child's best interest for that parent to be awarded the family home, this is not a given. Florida courts start from a place of equal distribution in the division of assets and deviate from that based on an examination of relevant factors.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478562023-04-29T06:40:03Z2023-05-03T14:39:21Zwhom the child will live with, the parents will be able to argue their case, even if the ultimate decision is up to a judge.
Of course, the child is also affected a great deal by the decision. Do they get a say in the matter?
If the child is young, they may not have a say about where they live. That decision will most likely be made for them. However, if they are older, the court may weigh the child's preference about where they want to live.
What goes into the custody decision?
If you and your soon-to-be ex-spouse are having a difficult time coming to a decision together regarding how to divide parenting time or visitation, the judge will step in and make the decision. Of course, the decision that the judge will make is in no way random. They will decide on custody based on the following factors as well as putting the child's best interests at the top of the priority list:
The mental and physical state of each parent
The amount of time that the child has lived at the current home
Each parent's moral character
How communicative each parent is with the other regarding the child's interests, activities, schedule, supportive of the relationship with the child, etc.
The child's situation at school, home and community
Each parent's support of the child's developmental needs
The ability of each parent to provide stability in the home for the child (including meals, homework, bedtime, etc.)
The presence of drugs, violence, abuse or neglect in the home
The preference of the child regarding where they and with whom they would prefer to live
Is the child's preference always considered by the judge?
In most of the states across the country, the child's preferences will be weighed before making a custody decision from the minimum age of 14. However, in Florida, there is no specific age. It is left up to the judge to decide. With that being said, however, many judges in Florida will use the unofficial age of the child as 12 or 13 as well as weighing other important factors, including the intelligence and maturity of the child as well as their experiences with both parents and whether the child truly understands the impact of the decision that they are making.
Considering that not all children are the same and that some are more capable of making such as decision than others, it is really handled on a case-by-case basis by the judge. There are some children who are younger than 12 who are capable of making that type of decision and there are some who are older who are not capable at that point in their lives. The judge will also consider the motivation of the child who is making their preference known.
Getting support from a credible source
If you and your soon-to-be ex-spouse are having difficulty coming to an agreement regarding where and with whom your child will live, the advice of a Florida family law attorney may give you some peace of mind and help you to sort out what may be a really difficult situation. Although your child's feelings regarding where they feel they want to live is important, their best interests must come out on top of the priority list before making any decision. Your family law attorney can help you to devise a solid, sensible parenting plan that will work for everyone involved.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478222023-04-24T10:59:11Z2023-03-28T16:08:42Zbe financially stable, then you’re going to have to know how to build strong arguments to support your request.
How can you argue for alimony?
The first step is to keep in mind the statutory factors that the court will take into consideration when determining this issue. These include:
The length of your marriage
Each spouse’s health
Each spouse’s earning capacity
The marital standard of living
Once you have a firm grasp on these factors and others that will be relevant in your case, you can start to craft your legal arguments.
How do you do that?
There are various ways to approach your spousal support argument. However, here are a few key steps that you can take to help advance your position:
Gather key records: Sure, you’ll need to obtain bank accounts and other financial records, as those will be key in your property division dispute, but you’ll also want records that demonstrate your marital standard of living. This can include everything from grocery receipts to payments made for vacations and other leisure activities. These records can help you demonstrate what the court will need to order to protect the kind of lifestyle that you enjoyed during your marriage.
Show your liabilities: Remember, alimony is ordered when you need it to become self-sufficient. If you took on a significant amount of marital debt, then you may need alimony to help you offset those debts so that you can become more financially stable.
Demonstrate your employment problems: Most alimony awards are temporary in nature, lasting only until you reach the point of becoming self-sufficient. This means that to obtain an order for spousal support, you’re probably going to have to demonstrate that you either can’t obtain gainful employment or that the employment that you’ve secured is insufficient. You’ll want to make a record of your efforts to obtain appropriate employment, as that may be persuasive in court.
Have a plan and identify your needs to reach your goals: A court is going to be more persuaded by your request for alimony if you can demonstrate that you have a plan to become self-sufficient, as this plan will likely lay out what you need in order to obtain your goal. This might include obtaining higher education or training, or it may simply require time for you to gain experience.
Don’t miss out on your opportunity to secure support
A lot of people who go through divorce choose not to seek alimony because they don’t want to create conflict, or they simply think that they don’t have the ability to obtain that kind of support. Sadly, a lot of these individuals are leaving money on the table.
You don’t want that to happen to you. You want to explore every possible avenue to set you on the path to a financially successful post-divorce life. An attorney who knows how to effectively handle divorce cases like yours may be able to give you the guidance that you need to position yourself for a successful outcome in your case, which is why you might want to consider having one of these legal allies on your side as you enter]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478212023-04-24T11:00:26Z2023-01-18T21:56:11Zthe recovery of compensation that you need to offset your damages, many accident victims are tricked into settling their cases early by wily insurance companies. So, if there’s one thing that we hope you take away from this post, it’s that you shouldn’t trust an insurance company.
Why you shouldn’t trust an insurance company
Insurance companies and their representative may seem friendly and supportive, but you have to keep in mind that they’re looking out for their own interests. This means that they’re trying to maximize their profits, a key component of which is paying out as little in claims as possible.
If you’re doubtful, look at these top reasons not to trust an insurance company:
They’ll use your words against you: In many instances, a driver’s own words are twisted and taken out of context to justify a claim denial or to reduce the settlement amount offered to a victim. Therefore, when you interact with an adjuster or someone else at an insurance company, you need to be careful with what you say and refrain from giving a written or recorded statement until you consult with your attorney.
They’ll keep information from you: You need to make the decision that is right for you under the circumstances. But that can be hard to do when the insurance company doesn’t give you all of the information that you need. So, don’t rely on what the insurance company is telling you. Instead, make sure that you’ve done your diligence to obtain as much information as possible before moving forward.
They’ll try to minimize your injuries: In order to pay out less for your claim, the insurance company is probably going to try to argue that your injuries aren’t as severe as you claim. They might even go so far as to put you under surveillance to see if they can catch you engaging in activities that you claim you can’t do. Make sure that you’re gathering all evidence that demonstrates the full extent of your injuries and are living in a way that aligns with the severity of your harm.
They’ll try to trick you during negotiations: The insurance company will be represented by competent and experienced attorneys. They’ll know how to deploy effective negotiation tactics aimed at getting you to settle your case for less than it’s worth. Don’t trust what they say. Listen to your attorney and make sure that you’ve conducted a full case analysis before sitting down to discuss resolution of your claim.
Keep in mind, too, that the insurance company may try to shift the blame back onto you as a way to reduce liability. To protect yourself from these arguments, make sure that you’re addressing your own driving actions leading up to the accident so that you know how to defend yourself in that regard.
Know how to protect your interests
Your financial stability and your recovery are on the line when you’re dealing with an insurance claim following an accident. Therefore, you need to do everything you can to protect your interests.
Fortunately, you don’t have to do that on your own. Instead, you can work closely with a legal team that knows how to navigate these complex cases and zealously advocate for the outcome that you deserve. So, if you’d like to learn more about what an attorney can do for you, now may be the time to reach out to a team that seems right for you and your case.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478162023-04-24T11:01:35Z2022-11-18T15:16:29ZFlorida’s parenting time guidelines
Florida law sets a standard for how parenting time (often referred to as time-sharing) should be divided. The plan will generally specify with whom the child will live, when visitation will occur, how pickups and drop-offs will occur, and any other restrictions that may be important.
If you and your child’s other parent get along, then you might be able to negotiate a time-sharing arrangement that works for everyone. If this isn’t possible, though, then you might have to take the matter in front of a judge and argue your position.
Just keep in mind that the judge who hears your case is going to try to make a decision that supports your child’s best interests, which means that you’ll want your arguments to be tailored to the relevant best interest factors.
How do courts assess a time-sharing arrangement?
Although the court is going to assess the child’s best interest in its totality when making a time-sharing decision, it’s going pay particularly close attention to a couple of highly relevant factors. Those include:
The amount of disruption that the time-sharing arrangement will have on the child
Which type of arrangement will best protect the child’s safety and well-being
How the arrangement can best protect the child from conflict between the parents
How the time-sharing arrangement can be used to build the parent-child relationship
The flexibility provided by the plan so that unexpected changes can be appropriately addressed
Therefore, before you negotiate or litigate your proposed time-sharing plan, you’ll want to take a comprehensive look at how it will impact nearly every facet of your child’s life.
What about summer break and holidays?
Your time-sharing arrangement will have to be detailed as far as how holidays, school vacations, and other special occasions are handled. Again, you’ll want to make sure that pickup and drop-off times are clear and that everyone understands what the communication expectations will be.
After all, you’ll want to avoid confusion at all costs, as that’s what usually leads to conflict. Using a detailed calendaring app may be a great way to keep everyone on the same page.
Do you need help crafting your arrangement or your arguments?
There’s a lot to think about when you’re dealing with child custody and visitation issues, and it can be easy to get wrapped up in the emotions of it all. That’s why as you navigate the challenges in front of you, it might be wise to have a skilled legal advocate on your side. By doing so, you can rest assured that you’re presenting your case in the best way possible and that you’re protecting yourself from an unfair outcome. Doing so may be the only way to protect your child and your relationship with him or her.
So, if you want to learn more about what you can do to address your time-sharing issue, then please consider reaching out to an attorney who knows how to competently handle these sorts of cases.]]>On Behalf of Jeffrey P. Cario, P.A.https://www.jeffreycario.com/?p=478132023-04-24T11:02:47Z2022-09-26T09:21:20Zdifferent laws that may be applicable, what they say and what the penalties might be.
Drug possession runs the gamut from people who have a small amount of a scheduled substance for their own use to those who are selling moderate amounts of it to alleged traffickers and distributors. The location of where the person possessed the drugs can also make the charges more serious. Penalties will vary, depending on which drug the person possessed, the amount and other factors.
What should I know about Florida drug possession laws?
The law categorizes drugs under schedules. A Schedule I drug has a high potential for abuse and does not have a current medical use in the United States. For example, cocaine, heroin, methamphetamine, Fentanyl and similar street drugs are Schedule I. There is a long list of substances that fall into Schedule I. Many are used in combination to manufacture other, stronger intoxicating substances. Those in possession of these substances may face felony charges and the possibility of extended jail time and large fines.
Schedule II drugs have a high propensity for abuse, but do have certain uses in medical forums. These include opium, codeine, hydrocodone and oxycodone. Schedule III can be abused, but is not considered as serious as Schedule I or II drugs. These have accepted medical use. Anabolic steroids are in Schedule III. Schedule IV and V have low potential for abuse.
Possessing these drugs with the intent to sell, manufacture or deliver them while within 1,000 feet of a childcare facility or a school between 6 a.m. and 12 midnight is violating the law. The penalties for drug possession will range, depending on the amount the person had in their possession and which schedule it was under.
If it is a first-degree felony, there can be as much as 30 years in prison and fines of up to $10,000. A second-degree felony will result in up to 15 years in prison and fines of $10,000. Even lower-level drug penalties for possession can be severe. Not only might it negatively impact a person’s freedom, but it will be on their record and damage their future.
For drug possession cases, formulating a criminal defense is essential
Just because a person is accused of drug possession does not mean they are automatically guilty. They could have been in the wrong place at the wrong time; the substances might not have belonged to them; there could be problems with the police investigation making the evidence inadmissible; or they could have options to consider treatment, a plea agreement or get an outright acquittal.
The key is to remember that there are ways to deal with any criminal charge. Having professional assistance with assessing the tenets of the case, looking at the evidence and determining a path forward is imperative. Regardless of where a person is from, what they do for a living and if they have a history of legal problems or not, having legal guidance is essential to try and forge a criminal defense and reach a positive resolution.]]>