Leskovich Law Group, P.A. - Criminal Defense

Punta Gorda Legal Blog

Theft charges place your future at risk

When someone's property is missing, and the evidence points to you, it is understandable that you would feel anxious and concerned about your future. Theft and other property crimes carry stiff penalties for convictions, and you may wonder about your options.

Fortunately, you have rights, and the court considers you innocent until evidence proves you otherwise. Starting your defense as soon as possible after your arrest is a wise step. You may find it helpful to understand the laws concerning property crimes and the kind of evidence the prosecution will need to prove its case.

Divorcing spouses may face hidden financial challenges

Florida couples engaged in divorce proceedings already know how emotional a separation can be. However, many get caught off-guard by the hidden financial pitfalls that often come along with the dissolution of a marriage. There are a number of mistakes that divorcing couples make regarding personal finance and tax liabilities that can present monetary challenges for years after a divorce has been finalized.

According to some analysts, the reason for these financial challenges is that people fail to plan for a reduction in income after a divorce. These exes might finance large purchases or withdraw funds from investment accounts without considering repayment requirements based on a single income. Similarly, receiving the deed to a shared piece of real estate in a divorce can carry financial risks when factoring in upkeep, repairs and maintenance costs.

How can a prenuptial agreement benefit you?

The topic of prenuptial agreements may stir up some heavy emotions. For many, prenups conjure images of families circling the newly engaged couple to protect their inheritance. However, more couples are drafting premarital contracts on their own, and not for the reasons you may think.

In fact, you and your spouse may have numerous ways in which such a contract could benefit you, strengthen your marriage and protect your assets. If you and your partner have a wedding in the future, it is best to discuss a prenuptial agreement as soon as possible so you have time to address all your questions and concerns.

Understanding property division in a "gray divorce"

More older Americans in Florida and across the country are considering divorce. In the past 20 years, divorce rates for Americans aged 50 and up have doubled, and this trend shows no sign of stopping. While divorce can be an appropriate choice at any age, these so-called "gray divorces" carry additional financial consequences. While retirement assets are an important part of property division in a divorce at any age, they become more critical the closer the couple gets to retirement age.

Reaching a divorce settlement in a gray divorce can be complicated due to negotiations over how to handle the division of retirement accounts. When an older couple has only married recently, the issue is less significant, but it can be a major concern for couples who were married for decades. Each partner has a limited amount of time to attempt to rebuild their retirement funds, and it costs more to fund two single retirements out of the same pot of money originally destined for one joint retirement. In many cases, there is only one retirement account for both partners; older couples are more likely to follow the breadwinner-homemaker model.

A prenup may improve your marriage

Most surveys about the causes of marriage breakups list money disputes and a lack of communication as two main factors that lead to divorce. If you are preparing to get married, you certainly want to avoid those issues as much as possible to give your marriage the highest chances of long-term success.

A growing number of Florida couples are finding that prenuptial agreements can benefit them with both their finances and their communication skills. You may agree that you would rather face these difficult issues while you are full of hope and love toward each other than later when you may feel resentful.

How are sealing and expungement different?

Arrests, charges and convictions can impact people’s lives in many ways. This includes through showing up on one’s record. What is on a person’s public criminal record can have many implications. For one, it can have employment impacts, as criminal records are among the things employers often look at when considering job candidates.

It is important to note that, in some instances, there may be actions individuals in Florida can take to remove arrests, charges and convictions on their record from the public eye. They might be able to get a record sealed or expunged.

When is marijuana legal in Florida?

Marijuana laws in the nation have dramatically shifted within the last decade. Some states have implemented harsher restrictions to pot users while others have become more lenient. Multiple state governments continue to debate on whether recreational usage is right for their areas.

As the third most populated state in the country, Florida has also seen an increase in cannabis demand and people fighting for their right to smoke weed legally. While the Sunshine State has seen some change within their regulations recently, it is still relatively strict on the subject. Locals should familiarize themselves with the state's laws on marijuana usage so they can avoid severe penalties.

Can the police force you to draw blood?

While breathalyzer is the most popular method for police to determine if someone is driving under the influence, many believe that blood tests will provide a more satisfying result. Aside from the multiple issues plaguing breathalyzers, the police do not need the suspect conscious to draw their blood before taking it to the crime lab.

Many residents often question this method as they believe it is morally and legally wrong to take someone’s blood to test it for DUI without consent. However, Florida does have specific guidelines that showcase instances where it is all right to do this. It is necessary to be aware of these circumstances when preparing your defense so you can potentially minimize any DUI charges.

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Leskovich Law Group, P.A.
265 E. Marion Avenue
Suite 112
Punta Gorda, FL 33950

Phone: 941-621-6623
Fax: 941-575-6400
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