Punta Gorda Legal Blog

Did an altercation leave you facing battery charges in Florida?

On behalf of Leskovich Law Group, P.A. on Friday, October 11, 2019.

Many people end up having to defend themselves at some point in their lives. The defense may be in relation to a simple matter, such as untrue rumors or gossip, and in other cases, the situation may be more serious, such as if a person tries to attack another individual and that individual has to defend him- or herself. In the latter case, the scenario becomes much more complicated.

If you found yourself in a physical altercation with another individual, you may have felt that you acted in self-defense. However, when authorities came to the scene, they took you into custody. You may want to immediately assert your side of the situation, but it is likely that you will need to do that in court if formal battery charges come against you.

Do you believe sole custody is right for your child?

On behalf of Leskovich Law Group, P.A. on Thursday, October 10, 2019.

Wanting the best for your child is a common desire for parents in Florida and across the country. Of course, determining what is best is not an easy task, and in some cases, parents must make difficult decisions in the course of doing what they feel is right for their children. In your case, one tough decision may have involved choosing to pursue sole custody of your child during divorce.

Divorce can be difficult for children for a number of reasons, and many child advocates believe that keeping both parents in the children's lives as much as possible is often the best course of action. However, you know your child, your spouse and your personal situation better than anyone does. If you believe that sole custody is in the best interests of your child, you may want to prepare for your custody case.

Understanding why arrest rates have increased

On behalf of Leskovich Law Group, P.A. posted in criminal defense on Tuesday, October 8, 2019.

Florida residents may be interested in learning why there is an increase in arrest rates although crime rates are continuing to decline. The answer is important because when a person gets arrested and convicted, they may face challenges that impact them for the rest of their life. Depending on the arrest and conviction, the result could be loss of employment, loss of housing or an inability to apply for certain governmental programs.

For some people, interactions with law enforcement can be dangerous, leading to injury or death. This is another reason why some are concerned about the uptick in the number of arrests. Statistics show that people living today are more likely to get arrested than previous generations. A larger number of Americans are being arrested by the time they are 26 than any generation before them.

Traits and behaviors that could result in divorce

On behalf of Leskovich Law Group, P.A. posted in divorce on Monday, September 23, 2019.

Every marriage in Florida involves two people who both need to make efforts to sustain the relationship and control negative personality impulses. Bad habits or personality traits if left unrecognized or uncontrolled could eventually motivate people to file for divorce.

Although it might appear counterintuitive, compulsive care giving has the potential to undermine a relationship. A person who gives too much to a relationship might actually be trying to control the relationship. In the view of one clinical psychologist, compulsive care giving could communicate that the person sees nothing of value in the other partner. The over-giver might actually isolate a spouse and stunt intimacy.

Must I comply when asked to submit to field sobriety testing?

On behalf of Leskovich Law Group, P.A. on Friday, September 13, 2019.

You're on the road minding your own business when all of a sudden, lights are flashing behind you. It's the police, and they are pulling you over. You move to the side of the road. After a quick chat with the officer, you are asked to submit to field sobriety testing. Do you have to comply with this request?

The decision you make in this type of situation is an important one. Yes, you do have the right to refuse. However, you need to decide if refusing is the best option for you. That is a tough call to make if you aren't sure what the consequences are for doing so.

When parents can't afford child support

On behalf of Leskovich Law Group, P.A. posted in divorce on Monday, September 9, 2019.

Child support orders in Florida are typically based on the income of the non-custodial parent. However, many people experience serious changes to their financial situation after a child support order is already in place. Some believe that people fall behind on child support because they don't care about their kids, but many actually struggle to make ends meet and cannot afford the monthly payments. When people lose their jobs, become disabled or move out of state, they may face difficulties keeping up with their mandated support payments. As a result, they may face wage garnishment or even a threat of jail.

However, there are actions that people can take to help mitigate the effects of an excessively high child support assessment. Parents can file for a child support modification due to the changes in their economic circumstances. People can contact the Child Support Enforcement Office to prepare to file a formal motion for modification. Because child support orders are based on income and assets, they should reflect a sum that is within the capacity of the non-custodial parent to pay. Parents can protect themselves financially and legally by seeking a modification rather than falling further and further behind on their payments.

Florida woman faces DUI charge

On behalf of Leskovich Law Group, P.A. posted in dui defense on Thursday, August 29, 2019.

According to authorities in Florida, a woman tried to place a wager on how high her blood alcohol content was after being detained for driving while impaired. The 62-year-old was found near The Villages retirement community where she lived after police received a report of an intoxicated female at a fire station. After taking the woman out of her Acura, officers placed her in a police car and took her to a local jail.

Officers believed that the woman was intoxicated because she had bloodshot eyes and was slurring her speech. Police also said that there was a strong scent of alcohol coming from her breath. The woman would later submit breath samples that determined her blood alcohol content to be .229% and .210%. The legal blood alcohol limit in Florida is .08%. She reportedly told the operator of the Breathalyzer machine that she would blow at least a .190%.

Prenuptial agreements are no longer taboo

On behalf of Leskovich Law Group, P.A. on Tuesday, August 13, 2019.

Asking for a prenuptial agreement is not a death knell for a marriage. More couples are realizing the value of pre-marriage contracts, especially those who have experienced divorce in their own childhood. You may be among those who acknowledge that marriage is not what it used to be, and even the most committed relationships may falter as time passes.

Still, if you are considering asking your intended to sign a prenuptial agreement, you want to be certain it is right for you. While any couple can benefit from making difficult decisions before they start their marriages, there are some situations in which it may be risky to marry without a prenup in place.

The many costs associated with divorce

On behalf of Leskovich Law Group, P.A. posted in divorce on Monday, August 12, 2019.

Florida spouses who are going through a divorce should think about the financial impact of separating. While ending a marriage may be necessary, it's important to go over one's current financial situation before starting the process. This is because it may be necessary to divide debt as well as positive assets such as a house or retirement account. Therefore, being proactive could make it easier to structure a settlement that's in a person's best interest.

There could be many issues to consider when determining how to split a marital home. If neither spouse can afford to pay for it on their own, it might be necessary for both parties to stay on a mortgage. Individuals who can afford to keep the home may not need as much space after a divorce. Parents who are going through divorce might need to figure out who is paying for a child's college tuition.

When is a DUI a felony?

On behalf of Leskovich Law Group, P.A. on Thursday, August 8, 2019.

Mechanical violations, parking tickets and speeding citations are infractions nearly everyone has dealt with. Whether you fail to see the stop sign or zip through it intentionally, you may end up with a ticket that will cost you time to resolve and ultimately money. However, when it comes to drunk driving, you are looking at an offense that can be far more serious than an infraction.

The severity of a drunk driving arrest and its potential penalties depend on several factors. In many cases, if you have no previous DUI arrests, the charge against you will be a misdemeanor. While you still risk harsh penalties, a misdemeanor is less serious than a felony. Nevertheless, in certain situations, a DUI charge can easily escalate to a felony.