Frequently Asked Questions (FAQs)
Every case is different, and nothing can replace the advice of an attorney. But, the following FAQs can provide valuable background information to help you understand these difficult legal situations:
Contact Us
If you are facing a dispute in the courtroom, call Waters & Associates at 850-270-1351. Or, contact us online. We take the time to listen to your concerns, and we make sure you clearly understand all legal options available to you.
Located in Tallahassee, Florida the practice regularly assists clients in North Florida and nationwide.
Criminal defense FAQs
If you are reading this, more than likely you or someone you care about has been arrested. Realizing this is a very stressful and upsetting time, we hope to provide some basic information to help you understand what can be a very foreign process, moving though the criminal justice system.
As you will see as you read the following Frequently Asked Questions, the criminal justice system can be very complicated. At Waters & Associates, P.A we take the time to make sure our clients’ questions are answered and that they are updated every step of the way as their case makes it way through the system. The earlier in the process a lawyer gets involved, the better. Please don’t delay in seeking representation.
The following applies to both felonies and misdemeanors and is by no means exhaustive. Please keep in mind this is just general information and in no way should substitute for the advice of a lawyer.
- What steps are involved in an arrest?
- What can an attorney do during the arraignment?
- What happens if I cannot afford an attorney?
- What happens if I am taken to jail rather than getting a Notice to Appear?
- What is a First Appearance?
- If I am released prior to my trial, will I be monitored?
- What do I do if bond is too large for me to pay?
- Are there times when a defendant is not released prior to trial?
- What happens upon release?
- What is case management?
- Is case management the last step before the trial?
- How does jury selection work?
- What happens at the trial?
What steps are involved in an arrest?
- The arrest: The arrest can happen one of two ways.
- A ticket is issued. Known as a “Notice to Appear” the ticket identifies a date and time to appear in court.
- The accused is actually taken to jail.
- Arraignment: If a Notice to Appear was issued, the next step will be Arraignment, a court appearance where a defendant answers the charge and pleads guilty, not guilty or no contest. Often the Assistant State Attorney will make an offer to resolve the case at this court appearance. Sometimes this offer will be revoked if not accepted at this court appearance. In larger counties these court appearances can look more like a bus station than a courtroom.
What can an attorney do during the arraignment?
Having a lawyer with you at this court appearance can help in several ways:
- Help you understand the offer the State has made
- Negotiate changes to that offer
- Make sure the proposed sentence is legal based on the charges against you
Of course a defendant can attempt to do these things themselves; however, it should be noted that an Assistant State Attorney is a law enforcement officer who listens closely whenever defendants speak in the hopes of later using their statements against them, for example, “I only hit him once.”
What happens if I cannot afford an attorney?
If you cannot afford a lawyer there will usually be a representative from the Office of the Public Defender in court. You will be asked to fill out a financial affidavit. If you qualify, the Public Defender will be appointed.
What happens if I am taken to jail rather than getting a Notice to Appear?
If you were taken directly into custody, the chances are that bail will be set without seeing a judge first. If this is the case and you make bail, you will probably be given an Arraignment date.
What is a First Appearance?
If First Appearance is required, the defendant will be taken in front of the judge within 24 hours of arrest to have a bond and perhaps conditions of release set. This is also where the judge makes a finding of probable cause for the arrest.
Again, there is always a lawyer from the Office of the Public Defender present at first appearance. If a defendant qualifies, and so desires, the Public Defender will be appointed at that time. Any defendant who wants to retain private counsel but has not done so by first appearance, must inform the court that private counsel will be retained.
In Leon county, First Appearance is held in courtroom 2D of the Leon County Courthouse Monday-Friday at around 8:30 A.M. Defendants are not brought to the jail—they generally appear in court via video feed.
On the weekend and on holidays, First Appearance is held at the Leon County Jail.
If I am released prior to my trial, will I be monitored?
There are several methods of monitoring someone after release. The following are the most typical:
- A person may qualify for an R.O.R. which stands for release on his or her own recognizance. This is the least restrictive means of release. No monetary bond is required, and the defendant is simply given another court date.
- It is also possible that a person will qualify for pre trial release, which is usually ordered when the court does not require a monetary bond but wants extra conditions such as no contact with a person or place, GPS monitoring, or drug or alcohol testing. Check ins are required with the pretrial office as well as the payment of pretrial fees. If any of these conditions are violated, it is possible that a person may be rearrested for the violation.
What do I do if bond is too large for me to pay?
If a monetary bond is set and it is too large for a person to pay in cash, or they don’t want to do this, they can hire a bail bondsman. There are usually several bail bondsmen in every community. They are often open 24 hours a day and located near the jail.
For a non refundable fee, usually 10 percent of the bond to be posted, the bail bondsman will post the required bond. This can often be accomplished over the phone via credit card, which can be very helpful especially in a college town.
Even if a person posts a monetary bond the judge can still set release conditions as outlined above and be violated and rearrested for not complying with those conditions.
Are there times when a defendant is not released prior to trial?
It is possible that a person may be held without bond, usually for violations of probation, as well as for very serious crimes. This is an area that is too detailed and fact-specific for this general overview.
What happens upon release?
Once the defendant is released, a court date will be given either for arraignment or perhaps case management.
What is case management?
A case management conference is simply a status update with the court. Hopefully the defense and State have met before the hearing to review the case status and identify any discovery that remains outstanding. At this court appearance the court is updated on the status of the case. Basically, these court appearances keep the court’s dockets flowing.
During this period, discovery will be provided, and, in the case of a felony charge, a score sheet is provided. The score sheet lists the following points of the case:
- The current charges
- Any previous charges a person might have
- The minimum sentence, based on a point system
In the case of a felony, depositions are usually taken during this time. As discovery is completed, any motions that may be applicable are usually filed.
Is case management the last step before the trial?
If a case does not resolve at a case management conference it is set for Pre-Trial, which is a date that signals the court that the case is headed for a trial. Sometimes all offers are revoked if the case is set for pre-trial. There can be several pre-trial dates before an actual jury selection date is chosen.
As you may well imagine from reading this the normal case can take several months to resolve. The old saying the wheels of justice turn slowly is very true. Requesting a speedy trial is an option that may be exercised; however, it is advised only in a very limited number of cases.
How does jury selection work?
Usually the week the case goes to trial or the Friday before the trial, a jury is selected. A self represented defendant or the defense attorney and the Assistant State Attorney, interview members of the community to select the jury. Both prosecution and defense perform the questioning based on specific rules, and either side can accept or reject potential jurors until jury selection is complete. The jury selection process can take several hours, and in the case of very serious charges, jury selection can take more than one day.
It is important to note that many judges will not allow a plea to be accepted after jury selection is complete unless there are very extenuating circumstances.
What happens at the trial?
The next court date is the trial date. The trial is the court appearance where the state presents their case in an attempt to prove the charges against the defendant beyond any and all reasonable doubt. The defense has the opportunity to cross-examine the state’s witnesses and to present any evidence or call any witnesses that it may have.
A trial can take as little as a couple of hours to as long as several days, if not weeks or months. At the end, if all goes well, hopefully the criminal justice system will be well behind you. If not, the next step is sentencing. For misdemeanors or non-serious felonies, sentencing usually takes place the same day as the trial. For more serious cases, a sentencing date is usually set. Often the defendants are taken into custody pending sentencing even if they were previously out on bond.
Family law FAQs
- What are the basic requirements for divorce in Florida?
- How will our property be divided?
- When will alimony payments be required?
- How are child custody and visitation rights determined?
- My close friends and family are offering me lots of advice on how to proceed with my divorce. Should I listen to them?
What are the basic requirements for divorce in Florida?
You or your spouse must be a resident of Florida for a period of six months prior to filing, or be stationed in Florida as a member of the armed services. Grounds for a divorce can be as simple as irreconcilable differences.
How will our property be divided?
If you have not reached agreement about the division of some or all of your property, Florida will require that both assets and debts acquired during your marriage (“marital assets”) be divided equitably. Properties and debts acquired prior to the marriage generally remain with their owner, provided they were not commingled with the couple’s marital assets. Of course, many factors affect what the court will deem to be equitable. Your attorney will be able to give you a more detailed accounting of what to expect.
When will alimony payments be required?
The Florida court can order alimony when it is ‘well-founded.” They will consider many factors, such as the duration of the marriage, each party’s financial resources and income, and each party’s ability to earn the standard of living that was established during the marriage, to name just a few.
How are child custody and visitation rights determined?
In most states, including Florida, the court will look at the best interests of the child when making these decisions. There are numerous factors that go into this decision, from looking at which parent has the best relationship with the child and is also more likely to allow frequent visitation by the other parent, all the way to serious conditions, such as evidence of domestic violence or child abuse.
My close friends and family are offering me lots of advice on how to proceed with my divorce. Should I listen to them?
Your friends and family want the best for you, but their advice may be corrupted by strong emotions. If you think they have valid points, discuss them with your attorney. Remember that your attorney also wants the best for you and will advise you based on the law—not on emotions.
Personal injury FAQs
- What steps should I take when I have been injured in an accident?
- What should I do if I am involved in an accident?
- What should I NOT do if I am involved in an accident?
- How do I determine who was at fault?
- What is my claim worth?
- What does it cost to file a personal injury lawsuit?
- How long do I have to file a legal claim?
- Will I need to go to court?
What steps should I take when I have been injured in an accident?
When you have been injured by someone else's negligence, seek any required medical attention first. But, as soon as possible, take the following steps to protect your rights and ensure a fair settlement:
- Contact an experienced personal injury attorney to make sure your rights are protected.
- Try to write down every detail about the accident. You should record contact information about the negligent party as well as witnesses, all available insurance information. Obtain a police report, if available, and, if the accident is a workers’ compensation issue, make note of the insurance company name and contact information.
- Before making any written or verbal statements to insurance companies or other claims handlers, call an attorney so you can make sure your rights are protected.
- Obtain all possible evidence that will prove your injury. Take pictures of the accident scene, if possible. Retain any clothing or damaged property, or anything that might provide evidence for your case.
What should I do if I am involved in an accident?
- Do maintain a medical diary and history until your recovery is complete.
- Do, without delay, use your own camera or cell phone to photograph the scene of the accident from all angles. Be sure to photograph all automobiles, including the other automobile involved, if possible. Show all traffic controls and background. Save all negatives or digital image files, if applicable.
- Do photograph yourself to show your injuries at various stages.
- Do, without delay, send us the names and addresses of any and all witnesses.
- Do, without delay, send us all information you receive about the accident.
- Do send us a copy of your entire auto insurance policy and any accident and health and medical payments policies, and detail any medical coverage for your benefit that your employer or union may have.
- Do notify us from time to time, in writing, of all of your medical care, including names of doctors and when treated.
- Do save and send us the following documents:
- All medical, hospital, and appliance bills, receipts, and notes from doctors
- All drug and medicine bills, even aspirin, no matter how small
- All bills for repair and cleaning of destroyed personal property such as clothing, glasses, false teeth, etc. If any item was damaged in the accident, do not throw it away.
- Bills for braces, appliances, canes, and crutches
- Do keep all appointments with doctors. If you cannot keep an appointment, notify the doctor as much in advance as possible, make another appointment, and advise us that you did not keep the originally scheduled appointment.
- Do keep us informed of anything important, and, if possible, in writing. Be sure to send us the following:
- Newspaper accounts of the accident. Please do not assume that your lawyer must have seen it. He may have been out of town, or it may be in a different edition of the paper.
- Reports of convictions and/or news accounts of anyone involved in the accident
- If anyone from the other side or from an insurance company communicates with you, and what was said
- Anything you receive from the Registry of Motor Vehicles
- Do always notify us of any change of address or new telephone numbers.
- Do always immediately respond to our correspondence to you.
What should I NOT do when involved in an accident?
- Don't talk with any insurance adjusters, but do learn their names, claim number, telephone number, and the company they are representing. Notify us immediately with this information.
- Don't sign any papers, such as insurance forms, statements, etc., without first obtaining your attorney's approval.
- Don't discuss your accident with friends and neighbors because the insurance company often assigns investigators to speak with your neighbors to learn what you have told them about the accident and your injuries.
- Don't throw out collars, casts, crutches, medicine bottles, and other special medical devices that you have used to help in the cure of your injuries.
- Don't rush into settlement until you are sure that your injuries are fully determinable.
How do I determine who was at fault?
To collect on an injury claim in Florida, you must prove the person who caused the injury was negligent —which in Florida requires these four components:
- Duty: A person is responsible for acting properly in a given situation.
- Breach: The person failed to act properly.
- Causation: The negligent conduct caused injury to person or property.
- Damages: The harms and losses must be quantified into a specific amount of money that provides full and adequate compensation to the injured person.
Florida uses the pure comparative fault rule, which means that you can recover damages in proportion to the amount that you and the other party were at fault. So, if you both equally share responsibility, you can still collect 50 percent of your damages. Taking that situation a step further, Florida’s joint and several liability rules provide complex limitations to awarding damages based on whether you are also at fault and the percentage that the other parties are liable.
What is my claim worth?
Under Florida law, the person who injured you is responsible for any costs associated with the injury, including (but not limited to) these expenses:
- Any medical expenses, including future ones, incurred as a result of the accident
- All lost work time, all lost earnings, which includes the time you must be away for medical and associated time
- All property that has been damaged
- All expenses related to caring for you and your home when you are incapacitated
- Any permanent injuries, including disfigurement or disability
- Emotional distress, including anxiety, depression, and any interference with your family relationships
- The reduction or loss of future earning capability resulting from the injury
- Pain and suffering, physical and mental
What does it cost to file a personal injury lawsuit?
When you contact Waters & Associates, P.A., there is no cost to you unless you win your suit. Our fees are contingency-based, which means that pay a percentage of the amount you win for your case.
How long do I have to file a legal claim?
Most personal injury claims in Florida carry a 4-year statute of limitations, which means you will only have 4 years to file a lawsuit against the person who injured you. In many instances the three years statue of limitations may not apply and it may be longer or shorter. The attorneys at Waters & Associates, P.A. will make sure that your legal rights are properly protected and that a law suit, if necessary, will be filed before the expiration of the statue of limitations.
Will I need to go to court?
At times, a trial in court by a jury or judge is your best option to obtain the maximum award due to you. There may be times when you can receive a fair settlement through arbitration, mediation, or negotiations with the other person.
