Joe Guford Attorney Receives 19th Circuit Pro Bono Award

Joe Gufford, a Family Law Attorney in Martin Couny, received the 19th Judicial Circuit Pro Bono Service Award. Pictured are Joe Gufford and Chief Circuit Judge Steven J. Levin

What steps should I take next after being arrested for a petty theft misdemeanor?

I always give the same basic advice when clients ask me about police encounters. DO NOT talk to the police without first consulting an attorney.

Keep in mind that it is the law enforcement officer’s job to make arrests, not to determine guilt or innocence. If the officer has enough evidence to believe that there is probable cause that you committed a crime, they make an arrest. If they don’t have enough evidence they can’t make an arrest. Often times, officers say they “need to hear your side of the story.” This is a ploy to have to get a confession or to get damaging statements from you. You have a right to remain silent. Use it. There is no obligation to assist the police by making statements that can and will be used against you in the future. It is unfortunate, but many of my clients get themselves convicted with statements that they made when otherwise, the outcome of the case would be in doubt for the prosecution.

Some basic constitutional rights to keep in mind are:

1. You have the right to remain silent. YOU DO NOT HAVE TO TALK TO THE POLICE. If you answer questions, you give the police evidence that will be used against you in Court. ANYTHING YOU SAY IS ADMISSALBE evidence. Remain silent and call your lawyer.

2. You have the right to an attorney during police questioning. DO NOT ANNSWER ANY QUESTIONS and call your lawyer.

3. You have the right to refuse to consent to a search of , your car, your boast, house, luggage, etc. THE PLOICE ASK FIRST BECAUSE THEY HAVE TO GET YOUR PERMISSION. IF you say yes, you give up your right to challenge the search and anything found will be used against you., If not, they must get a search warrant. Say no and call your lawyer.

4. BEWARE: Police are professionals whose duty in a criminal investigation is to gather evidence against you. NOT to be fair or truthful to you.. Their promises don’t count in COURT.

Arthur Brandt

Gufford & Brandt, A Partnership of Professional Associations

516 Camden Avenue

Stuart, Florida 34994

Telephone: 772-283-1313

Fax: 772-223-9290

WHAT TO DO WHEN A SUMMONS COMES BACK UNEXECUTED IN A DIVORCE PETITION IN FLORIDA?

estion: I filed for divorce; my wife and I have 2 minor children. She does not want to grant me the divorce. I filed all the required paperwork with the courts. Paid the Palm Beach County Sheriff to serve her but the summons came back unexcecuted. What should I do next: Publication or serve her again?

Answer: The first thing you need to do is to have what’s called an “Alias Summons” issued by the Clerk. I would then hire a private process server to get the job done right. Assuming you have the right home address and have some inkling as to when she might be there you might be able to call the server to let them know that she is home and to get over there to serve her. Additionally, if you know where she works, you should put that address on the summons as well and get her served at work.      

Divorce Attorneys in Stuart, Florida 

Do I Have to Continue to Pay Alimony if My Ex Moves in with Another Man / Woman (in Florida)

The answer to this question is sometimes “yes” and sometimes “no”. It really depends upon the type of alimony that was awarded and if it is a modifiable type of alimony. Most modifiable types of alimony are capable of being modified based on remarriage of the receiving party, death of either party or a substantial change in circumstance of either party with respect to need and ability to pay. Generally speaking, periodic alimony, permanent alimony and rehabilitative alimony are modifiable types of alimony (so long as there is no provision for non-modifiability). “Lump sum” alimony is not generally modifiable as it is considered to be a property right as opposed to support that is enforceable by way of contempt¹

In the past, if the spouse receiving alimony moved in with someone else who was contributing to their financial well being, such was not considered to be a basis for terminating the alimony obligation. Now all of that has changed thanks to the legislature’s amendment to Fla. Stat. 61.14. The new statute now allows the Court to reduce or terminate an alimony award “upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides”.

In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship, “the court shall elicit the nature and extent of the relationship in question”. The Court is to give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of the person receiving alimony to another person (the term “obligee” in the statute is used to describe the person who is receiving alimony):

1. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.
2. The period of time that the obligee has resided with the other person in a permanent place of abode.
3. The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
4. The extent to which the obligee or the other person has supported the other, in whole or in part.
5. The extent to which the obligee or the other person has performed valuable services for the other.
6. The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.
7. Whether the obligee and the other person have worked together to create or enhance anything of value.
8. Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
9. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.
10. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

The existence of a conjugal relationship, though it may be relevant to the nature and extent of the relationship, is not necessary for the application of the provisions of the statute.

Because of the newness of the statute there are only a few cases interpreting it as follows:

• Evidence failed to support finding of supportive relationship between ex-wife and her companion so as to warrant reduction or termination of alimony; ex-wife and companion resided together in his home, her name was not on title or mortgage, they did not refer to each other as husband and wife and expressed no intent to marry, they never had joint bank accounts containing intermingled funds, they did not jointly own property, they expressed no intention to merge assets or share property they owned or possessed, she was not authorized signer on his credit cards, she paid $1,000 per month toward rent and utilities, he paid none of her bills, he lent her $5,000 several years ago and she owed him $4,000, and she never provided him any financial support. Linstroth v. Dorgan, App. 4 Dist., 2008 WL 2356760 (2008). Divorce 245(2)
• If a payor spouse establishes that the recipient spouse is being totally supported by another, a supportive relationship likely exists such that modification or termination alimony may be warranted. Buxton v. Buxton, App. 2 Dist., 963 So.2d 950 (2007). Divorce 245(2); Divorce 247
• Supportive relationship existed between former wife and her live-in companion as to allow for modification or termination of alimony; former wife and her companion had engaged in a ten-plus-year relationship in which they shared a house, a bed, all household chores, and all household expenses, and both their social lives and their living expenses were interdependent. Buxton v. Buxton, App. 2 Dist., 963 So.2d 950 (2007). Divorce 245(2); Divorce 247

Under what Circumstances will the Court Award Alimony or Spousal Support?

The obligation of spouses to support each other does not necessarily terminate when they divorce. If the divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse’s support, the court will usually award alimony, at least temporarily. Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case. Now, either spouse may be awarded alimony if the other has the more substantial income and the recipient spouse’s income is insufficient to support him or her at the level to which the spouses were accustomed during the marriage. Spousal support is often awarded in cases in which one spouse has put his or her education or career on hold in order to raise the parties’ children while the other climbed the career ladder and achieved a higher income. In such cases, the alimony will often be temporary, providing income for the period of time that will enable the recipient spouse to become self-supporting. This temporary, or rehabilitative, spousal support enables the spouse receiving it to further his or her education, reestablish himself or herself in a former career, or complete child rearing responsibilities, after which time he or she can be self-sufficient. If one spouse is unable to get a good-paying job, however, due perhaps to health or advanced age, the support award may be permanent. The amount and duration of alimony depends on several factors, including:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.

(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) All sources of income available to either party.

(h) The court may consider any other factor necessary to do equity and justice between the parties.

Divorce Attorneys in Stuart, Florida Gufford & Brandt

How to Pick a Good Criminal Defense Attorney

When you or someone you know are charged with a crime, selecting the right lawyer for the case can be the hardest part of the whole ordeal. With so many lawyers out there, you may be wondering how to choose a criminal defense lawyer for your immediate needs. Perhaps the single most important criteria in choosing the right criminal defense lawyer for you and your situation is “trust.” Considering that this may be your very first contact with or need for a criminal defense lawyer, how can you possibly know which one to trust?

There are several factors to consider when choosing a criminal defense attorney. Considering these factors before making a final decision may increase the chances that the case will result in a dismissal, that the defendant will be able to achieve a satisfactory plea deal, or that the trial will result in a “not guilty” verdict.

1. What kind of reputation does the Attorney have? Attorneys earn their reputations from their peers and from the results they achieve for their clients. The importance of an attorney’s reputation is difficult to overstate. Criminal defense can often involve complicated negotiations with judges and prosecutors, and attorneys with good reputations will have an advantage because they will be known, trusted and respected. Asking other attorneys who they would recommend is a good way to gauge an attorney’s reputation. The Internet has also made it possible to read reviews of attorneys from former clients on websites such as Google or Avvo.

2. Prior experience. Understand all facts before determining if they are experienced enough for your case. An experienced attorney can better serve their clients. Also, their results will often be better than those of an inexperienced criminal attorney.

3. When choosing a lawyer you have the right to have an answer to all of your questions. Your criminal lawyer should be able to clearly explain the criminal charges against you, what they entail, what your legal rights are, what the prosecution has to prove, how the evidence can be used against you in court and, lastly but perhaps most importantly, the possible consequences you may face.

4. Call the firm and ask if they provide a free consultation so that you actually speak with the attorney that will represent you and then meet with them. See how interested they seem in you as a human being, and in your story. Do you feel like you’ve been heard?  Criminal defense requires trust; trust requires communication; communication requires listening. How lawyers communicate with you is a gauge of how they will communicate with the jury, which is, at the end of the day, what will matter most.

Call the offices of Gufford & Brandt to schedule an appointment with a Criminal Defense Attorney in Stuart, Florida

www.treasurecoastlawfirm.com

www.treasurecoastlawfirm.com

QUESTION: I am not sure if it is the DOR or if it is just the fact the Mother doesn’t have a job and this is why they are saying they can not obtain child support. My husband has a support order granting him child support for his daughter who resides with us and who he has full custody of. The support payments are currently over $5500.00. The Mother does not work and lives with her significant other who provides for her and her other 5 children who reside with her. She also claims all the children on her taxes therefore the mother doesn’t file a tax return. I understand she has other children as well, but so do we though not as many. And the court ordered the support we did not ask for it as we did not need it then but do now. Please advise. Thank you

ANSWER: It appears to me that she is voluntarily unemployed. Thus, she is in contempt. There are two (2) ways to go about this. The first way would be through a Motion for Civil Contempt/Enforcement. I have seen judges make people show up once a week in court to show the efforts they are making to obtain employment. The second method is a little more complex and that would be to file a Motion for Indirect Criminal Contempt. There are good parts and bad parts to this method. However, the judge can send her to jail as punishment for not paying child support. There are other methods as well like moving to suspend her drivers license.

I was on probation for felony burglary, given a 2 yrs with nine months to serve and I ran to alaska. Will I be extrdited

Florida does extradite for felony cases. It is best if you contact a local Florida attorney and make arrangments to come back and answer the warrant. Judges will look more favorably on you for making the effort. You will likely have to face additional time in jail or prison, but with the monitoring of the TSA and computers in every police car, you will be caught sooner rather than later and extridited.

If you have been charged with a criminal offense in Florida, trust your case to an experienced and aggressive criminal attorney. At Gufford & Brandt, we believe that the best defense is a good offense. We act first, before the prosecutor has an opportunity to start putting legal tactics in motion that harm your defense. Our attorneys have more than 25 years of combined experience, providing aggressive criminal defense representation that you can count on.

Our firm provides personalized and vigorous criminal law representation in a range of felony and misdemeanor cases, including:

• DUI / DWI defense (drunk driving)
• Federal and state drug offenses
• Sex crimes
• Assault
• Homicide
• Theft (stolen property, shoplifting)
• Traffic violations
• Driver’s license reinstatement
• Domestic violence
• Violation of probation
• Computer crimes and Internet pornography
• Juvenile crimes and school expulsions

The Best Defense is a Good Offense

If you have been charged with a criminal offense in South Florida, put your future first. Get in touch with a member at Gufford & Brandt to talk with us right away. Your best defense is a good offense. We remain available anytime, and you can call us collect from the jail. We understand that this may be the first time you have ever needed to call a lawyer. You need someone by your side. We listen. We act quickly. We focus on results that will be best for you and your family. It is your future. Let us help you protect your rights.

Criminal Defense Attorney in Stuart, Florida Gufford & Brandt

How to Pick a Good Criminal Defense Attorney

When you or someone you know are charged with a crime, selecting the right lawyer for the case can be the hardest part of the whole ordeal. With so many lawyers out there, you may be wondering how to choose a criminal defense lawyer for your immediate needs. Perhaps the single most important criteria in choosing the right criminal defense lawyer for you and your situation is “trust.” Considering that this may be your very first contact with or need for a criminal defense lawyer, how can you possibly know which one to trust?

There are several factors to consider when choosing a criminal defense attorney. Considering these factors before making a final decision may increase the chances that the case will result in a dismissal, that the defendant will be able to achieve a satisfactory plea deal, or that the trial will result in a “not guilty” verdict.

1. What kind of reputation does the Attorney have? Attorneys earn their reputations from their peers and from the results they achieve for their clients. The importance of an attorney’s reputation is difficult to overstate. Criminal defense can often involve complicated negotiations with judges and prosecutors, and attorneys with good reputations will have an advantage because they will be known, trusted and respected. Asking other attorneys who they would recommend is a good way to gauge an attorney’s reputation. The Internet has also made it possible to read reviews of attorneys from former clients on websites such as Google or Avvo.

2. Prior experience. Understand all facts before determining if they are experienced enough for your case. An experienced attorney can better serve their clients. Also, their results will often be better than those of an inexperienced criminal attorney.

3. When choosing a lawyer you have the right to have an answer to all of your questions. Your criminal lawyer should be able to clearly explain the criminal charges against you, what they entail, what your legal rights are, what the prosecution has to prove, how the evidence can be used against you in court and, lastly but perhaps most importantly, the possible consequences you may face.

4. Call the firm and ask if they provide a free consultation so that you actually speak with the attorney that will represent you and then meet with them. See how interested they seem in you as a human being, and in your story. Do you feel like you’ve been heard?  Criminal defense requires trust; trust requires communication; communication requires listening. How lawyers communicate with you is a gauge of how they will communicate with the jury, which is, at the end of the day, what will matter most.

Call the offices of Gufford & Brandt to schedule an appointment with a Criminal Defense Attorney in Stuart, Florida

What do i have to do and how much will it cost to have a parent sign over his rights to my children and someone to adopt them.

QUESTION: What do i have to do and how much will it cost to have a parent sign over his rights to my children and someone to adopt them.

 This would all go through Indian River County courts. Everyone is ready to do this, just need to know what to do.

 

ANSWER: There are three types of adoption in Florida. The three types are as follows:
1. Relative adoption- Fairly simple process with no homestudy usually being required;
2. Step-parent adoption- Same as above. Usually no homestudy being required; and
3. Non-Relative Adoption- This is a little more involved and the homestudy can be quite costly.
As far as costs go, they generally vary depending on what has to be done. Options 1 and 2 above are much less expensive than option 3, especially if the other parent refuses to consent in which case his or her parental rights will need to be terminated.