Author Archives: William Wallshein
Probable Cause: an Overview
January 21, 2015 Probable cause is the standard by which officers of the law determine whether they have grounds to obtain an arrest or search warrant, to arrest without a warrant, or to charge someone with a crime. The probable cause standard is guaranteed by the Fourth Amendment of the United States Constitution: “The… Read More »
Divorce and Retirement Plans
January 21, 2015 Divorce involves dividing all kinds of property, from bank accounts to houses to furniture. One kind of property that is especially significant in a property settlement is a retirement plan. Retirement benefits are one of the most valuable assets that an average couple owns, and often contain hundreds of thousands of… Read More »
Have You Been Charged With a Criminal Offense? The Importance of Being Represented
January 19, 2015 If you are under criminal investigation or have been charged with a crime, you are probably feeling nervous, afraid, and overwhelmed. Your whole world may be upended. The legal world is complex and difficult to understand, and if you get it wrong, the consequences can be devastating—fines, community service, probation, or… Read More »
Equitable Distribution of Property In Divorce
January 19, 2015 One of the most common and most important problems in a divorce is how to divide the divorcing couple’s property. “Equitable distribution” is a term that describes the way in which Florida courts divide spouses’ marital property in the event of divorce. “Equitable” does not mean “equal,” but rather means that… Read More »
What Does Brenner v. Scott Mean for Same-Sex Marriage and Divorce?
January 15, 2015 On Tuesday, January 5th, Florida officially began, for the first time, to recognize same-sex marriage. Prior to that date, the state of Florida neither performed same-sex marriages nor recognized same-sex marriages performed in other states. Now, however, both are legal, which raises other legal issues related to marriage, such as prenuptial… Read More »
Domestic Violence and Restraining Orders
January 13, 2015 George Zimmerman was arrested on Friday, January 9th, in Lake Mary, a town near Orlando, on suspicion of aggravated assault and domestic violence with a weapon. Zimmerman, who was acquitted of second-degree murder for the 2012 shooting of unarmed black teenager Trayvon Martin, allegedly threw a wine bottle at his girlfriend…. Read More »
Juvenile Adjudication
January 12, 2015 Two teenage sweethearts were arrested in Panama City Beach, Florida, on Sunday, January 18th, after a crime spree across the South. Dalton Haynes, eighteen, and his girlfriend, Cheyenne Phillips, thirteen, had run away from their Kentucky hometown earlier this month and were spotted in South Carolina and Georgia, stealing vehicles and… Read More »
A Proposed Amendment to the Expungement of Juvenile Criminal Records
January 8, 2015 The expungement of juvenile criminal records may soon become easier in Florida. State representative Mia Jones has introduced a new bill, HB 205, to the Florida House of Representatives to amend the state’s juvenile criminal record laws. What Is Expungement? In Florida, the public has the right to access a person’s… Read More »
The Legality of DUI Sign Checkpoint Tactics
January 5, 2015 Though police officers normally need to have probable cause to stop a vehicle, the U.S. Supreme Court ruled in Michigan Department of State Police v. Sitz that DUI checkpoints, in which police officers can stop vehicles and briefly question drivers without probable cause to believe that the drivers are impaired, are… Read More »
