McNelis Law, P.A. McNelis Law, P.A.2026-04-15T15:47:33Zhttps://www.mcnelislawpa.com/feed/atom/WordPress/wp-content/uploads/sites/1104278/2025/03/cropped-site-icon-ML-32x32.jpgOn Behalf of McNelis Law, P.A.<![CDATA[How does asset forfeiture work in drug crime cases?]]>https://www.mcnelislawpa.com/?p=492102025-01-17T18:43:08Z2025-01-17T18:43:08ZAsset forfeiture allows law enforcement to seize property linked to criminal activity. In drug crime cases, authorities confiscate assets connected to illegal drug trade or production. This controversial practice often creates significant hardships for individuals and their families.
What types of assets can law enforcement seize?
Law enforcement seizes various assets during drug crime investigations. Officers often confiscate cash, vehicles, homes, and electronics. They target property purchased with proceeds from drug sales or used to facilitate criminal activities. For example, police might seize a car used to transport drugs.
How do civil and criminal asset forfeiture differ?
Civil and criminal asset forfeiture operate under different rules. Civil asset forfeiture does not require a criminal conviction. Prosecutors prove the property’s connection to illegal activity without charging the owner with a crime. Criminal forfeiture happens after a conviction, requiring prosecutors to show the property’s involvement in the crime.
How can individuals challenge asset forfeiture?
Individuals can challenge asset forfeiture in court. To contest the seizure, property owners must provide evidence that their assets have no connection to illegal activity. This process often proves complex, as the burden of proof shifts to the property owner. Hiring strong legal representation helps navigate these proceedings effectively.
How does asset forfeiture affect individuals?
Asset forfeiture often creates devastating effects for individuals and their families. Losing access to essential property, such as a home or vehicle, imposes financial and emotional hardships. Critics claim the practice enables abuse and disproportionately harms people without the resources to fight back.Understanding drug crime law and legal options helps individuals facing asset forfeiture build a defense. Defending against asset forfeiture ensures a fairer outcome and protects personal rights.]]>On Behalf of McNelis Law, P.A.<![CDATA[How does implied consent affect DUI blood test refusal cases?]]>https://www.mcnelislawpa.com/?p=492072024-10-15T13:55:07Z2024-10-15T13:55:07ZFlorida's implied consent law requires drivers to submit to chemical testing, such as breath, urine, or blood tests, if law enforcement suspects them of driving under the influence (DUI). Refusing a blood test in Florida can lead to serious consequences.
Understanding how implied consent works is necessary for drivers who face DUI charges.
What is the implied consent rule?
Implied consent means that by driving in Florida, drivers automatically agree to submit to chemical testing if arrested for DUI. This includes breath, urine, or blood tests to determine blood alcohol concentration (BAC). The goal of this law is to help law enforcement gather evidence of impaired driving.
Consequences of refusing a blood test
Refusing a blood test under Florida's implied consent law can lead to harsh penalties. A first-time refusal results in a one-year driver's license suspension. For a second refusal, the suspension increases to 18 months, and it also becomes a misdemeanor charge. Refusing a test can also be used against the driver in court as evidence of guilt, making it harder to fight DUI charges.
Defending against refusal charges
There are defenses available for drivers who refuse a blood test. One possible defense is challenging whether the officer had reasonable cause to request the test. Law enforcement must have probable cause to believe the driver was impaired. If an attorney can prove that the officer lacked probable cause, the court may dismiss the test refusal. Additionally, the officer must explain the consequences of refusing the test. If this warning was not given, the defense could argue that the refusal should not result in penalties.
Navigating implied consent in Florida
Implied consent plays a significant role in DUI cases involving blood test refusals. Drivers in Florida must understand the consequences of refusing a test and know their rights when facing DUI charges. ]]>On Behalf of McNelis Law, P.A.<![CDATA[Modifying a child custody agreement for substance abuse concerns]]>https://www.mcnelislawpa.com/?p=492052025-05-01T19:34:24Z2024-07-17T19:34:50ZParental responsibilities are vital for a child's well-being. If you believe your child's other parent is abusing substances, it is crucial to address this for your child's safety and stability. Modifying a custody agreement in Florida due to a parent's substance abuse involves several steps while ensuring the child’s best interest.
Gathering evidence and filing a petition
Evidence is key in modifying child custody arrangements. Document instances of suspected substance abuse, such as police reports, medical records, or witness statements. Clear and factual documentation helps in demonstrating the need for change.To modify a custody agreement, you must file a petition with the court. The petition should outline the reasons for the change, supported by your gathered evidence. Be specific and concise in your documentation, focusing on how the substance abuse affects the child's welfare.
Temporary custody changes
If the situation is urgent, you may request a temporary custody order. It provides immediate protection for the child while the modification process is underway. The court can issue temporary orders to ensure the child's safety pending a final decision.
Court evaluation and agreement adjustments
The court will evaluate the case based on the evidence presented. They may order investigations, home visits, or substance abuse evaluations of the parent in question. The goal is to gather comprehensive information to make an informed decision.If the court finds sufficient evidence of substance abuse affecting the child's well-being, they may modify the custody arrangement. This could involve changing primary custody, altering visitation schedules, or mandating supervised visits. The focus remains on the child's best interests.
Ensuring a brighter future
Protecting your child is the top priority when dealing with custody modifications due to substance abuse. By taking appropriate steps and providing clear evidence, you can help create a safer and more stable environment for your child.]]>On Behalf of McNelis Law, P.A.<![CDATA[Can self-employed parents’ tax refunds go toward child support?]]>https://www.mcnelislawpa.com/?p=492012024-04-16T23:23:48Z2024-04-16T23:23:48ZTax refund interception
Tax refund interception is a method Florida uses to collect past-due child support payments. When a noncustodial parent falls behind on child support payments, the department can intercept the parent’s state and federal tax refunds. The state can direct this amount toward child support.
The federal Treasury Offset Program allows states to do this. In Florida, the Department of Revenue works with the IRS and the Florida Department of Financial Services.
Difficulties in wage garnishment
Self-employment can pose unique challenges in enforcing child support payments. Unlike individuals who receive regular paychecks from an employer, self-employed parents may not have a consistent income stream for direct garnishment. This lack of regular wages makes it difficult for traditional wage garnishment methods to be effective.
Other possibilities
Bank account levies, property liens, various license suspensions, passport denial and even imprisonment are other possible avenues to pursue. For example, if a noncustodial parent owns real estate, the Department of Revenue can place a lien on their property. If a sale happens, child support gets subtracted from the proceeds before the parent receives any money.
Intercepting tax refunds for child support enforcement plays a role in ensuring that children receive the financial support they need. In cases of self-employed parents, this mechanism is often necessary.]]>On Behalf of McNelis Law, P.A.<![CDATA[Can a child choose which parent to live with?]]>https://www.mcnelislawpa.com/?p=491972024-01-18T19:25:47Z2024-01-18T19:25:47ZLegal considerations
Florida family law emphasizes the best interests of the child when determining custody arrangements. While there is no specific age at which a child can decide, the court may consider the child's preference, especially if they are mature enough to express a reasonable choice.
The age factor
As a general rule, children under the age of 18 are minors. While the court may take a child's preference into account, the judge will also evaluate other aspects, such as the child's relationship with each parent, the parents' mental and physical health, and the ability of each parent to provide a stable and loving environment.
Understanding the court's role
It is important to note that the ultimate decision rests with the court. Even if a child expresses a preference, the judge will weigh all relevant factors to make a determination that aligns with the child's best interests.
Parenting plans and mediation
To facilitate a smoother process, Florida encourages parents to create a parenting plan that outlines custody arrangements, visitation schedules and parental responsibilities. Mediation is also commonly used to resolve disputes and reach agreements outside the courtroom.
In 2023, 18,140 children lived with one parent only. The question of whether a child can choose which parent to live with is not a straightforward one. While the court may consider the child's preference, it is just one factor among many.]]>On Behalf of McNelis Law, P.A.<![CDATA[3 common child custody disputes and tips to resolve them]]>https://www.mcnelislawpa.com/?p=491952023-10-17T16:28:32Z2023-10-17T16:28:32ZDisagreement over the schedule
The visitation schedule can pose unique challenges for couples, especially when parents disagree about how much time each of them should get to spend with the child. Take time to consider the other parent’s perspective and prioritize your child’s needs in the schedule decisions. When disagreements persist, a mediator can help you resolve the situation.
Parental relocation
If one parent has to relocate out of the area, that can impact the existing custody agreement. Consider the effect that the distance will have on visitation and factor in any changes to the parent’s schedule for new job demands. Plan the visitation schedule in a way that fits your child’s routine, including school demands and other activities.
Allegations of unfit parenting
If either parent has concerns about the suitability of the other to care for the child, that factors into the custody determination as well. Research indicates that 50% of first-time family violence incidents occur during separation or divorce. When one partner shows signs of violence, take steps to ensure your child’s safety with documentation for the court.
When possible, both parents should have access to foster a strong relationship with their child. Prioritize your child's relationships to ensure a supportive environment post-divorce.]]>On Behalf of McNelis Law, P.A.<![CDATA[3 FAQs about prescription drug charges]]>https://www.mcnelislawpa.com/?p=491892023-07-21T20:10:05Z2023-07-21T20:10:05Z1.16 million Americans get arrested each year for drug-related offenses. With the rise of opioid addictions, no one has full immunity from developing a problem. When it leads to illegal woes, people often have many questions.
1. What do the courts deem an illegal prescription drug possession?
Both state and federal law requires that anyone in possession of a prescription drug must have personally and legally obtained it via a doctor. Having a drug with anyone else’s name on it makes it an illegally controlled substance. Many of the prescription drugs illegally obtained have a Schedule II classification. Frequently drugs include oxycontin, morphine, Vicodin, and hydrocodone.
2. Can I share my prescription?
While people may think it a harmless endeavor to give a friend or family member a prescription, it may legally get construed as distributing illegal drugs. A person caught doing so may face trafficking or selling charges. When it involves a Schedule II drug, that charge may come with severe consequences.
3. What penalties might I face?
The quantity and type of drug serve as key factors regarding penalties. Getting caught with a few pills may only lead to a misdemeanor charge. When arrested for having a large quantity of Schedule II prescription drugs, it may mean facing felony charges that come with steep fines and a possible five-year sentence. Distribution felony charges may mean serving 15 years in prison and a $10,000 fine.
Not every drug charge has the same outcome. Seeking professional help provides relief during the process and may lead to more positive results.]]>On Behalf of McNelis Law, P.A.<![CDATA[What to do if you are pulled over for a DUI]]>https://www.mcnelislawpa.com/?p=488872023-04-18T16:37:45Z2023-04-18T16:37:45Za DUI. Therefore, these are a few things you should do in these situations.
Find a safe place to pull over
Avoid pulling over in dangerous areas. You want to protect both yourself and the police officers. Use your signal and move to the side of the road or to a side street as quickly as possible.
Act in a respectful manner
The police include all their observations in their report, so act with respect. Avoid hostility or rudeness of any kind. Stay in your vehicle and roll your window down as you wait for the police to approach. Avoid sudden movements and do not reach for anything during this time. Place your hands on the wheel at the 10 and two positions. Then, when they ask for your information, tell them where you will reach or search for it.
Stay silent
When the police ask you questions, you should answer those that will not incriminate you. For example, you answer your name and where you want to go, but avoid answering whether you have had anything to drink. Avoid nervous chatter because you could admit things you did not intend to admit. Avoid lying.
Avoid field testing
When the officer asks you to submit to a breathalyzer or other field sobriety test, respectfully decline. You may have your license revoked, but many things can cause a failure on these tests. Wait until a judge requires a blood test after the officers arrest you.
For the best results, learn your legal rights. Then, remain calm as you interact with the officers.]]>On Behalf of McNelis Law, P.A.<![CDATA[Signs a collaborative divorce might not work]]>https://www.mcnelislawpa.com/?p=488862023-01-19T16:45:26Z2023-01-19T16:45:26ZFlorida Statutes, a couple must decide their marriage is irretrievably broken to get a divorce. In theory, you only have to complete some paperwork and go through mediation to end the marriage.
While this process can be helpful in some situations, there are specific reasons why it may only work for some couples. See below for some reasons collaborative divorce does not work for particular couples.
One party refuses to negotiate
One reason a collaborative divorce may not work is if one party is not willing to compromise. The process can become difficult and unproductive if one party is unwilling to remain open to suggestions and negotiate.
One party has an advantage
Additionally, a collaborative divorce may not work if one party has a significant power imbalance. Suppose one party has more resources or is more educated about the legal process. In that case, they may be able to take advantage of the other party in negotiations.
One party committed domestic abuse
Furthermore, collaborative divorce is not a good option if one party has a history of domestic violence or abuse. In these cases, it may be safer for victims to go through the traditional court system to ensure their safety and well-being.
Both parties have complex finances
Lastly, a collaborative divorce may not work if the parties have complex financial issues that require the expertise of a financial advisor or other professional. In these cases, the parties may need to seek outside help to come to a fair agreement.
In conclusion, while a collaborative divorce can be beneficial in some situations, it may not be the best option for every couple. The parties must consider all the factors and make a well-informed decision before proceeding with a collaborative divorce.]]>On Behalf of McNelis Law, P.A.<![CDATA[How may Florida couples divide assets in a collaborative divorce?]]>https://www.mcnelislawpa.com/?p=488842022-10-17T20:41:22Z2022-10-17T20:41:22Znegotiate their own written settlement.
An agreement could include a plan for dividing your marital assets with your soon-to-be ex-spouse. Collaborative participation generally takes place outside of the courtroom. During the collaborative process, you may take as much time as you need to discuss your financial issues and work out a fair property split.
What may a settlement agreement contain?
With a collaborative divorce, you may create a settlement agreement that meets your personal needs. As noted by Forbes, collaboration offers couples better opportunities for personalized outcomes than a divorce trial. During the collaborative process, a family court judge may not interfere with your private affairs.
Rather than following the standard court process, spouses could divide their property in a meaningful way. Collaboration also allows couples to include customized child custody plans. Florida's statutes require both parents to spend time with their children and contribute to a child's healthcare and education. Assets that one spouse takes full ownership of, for example, may help with child-rearing.
How may spouses discuss asset division?
A settlement agreement includes a plan for how spouses have agreed to divide their marital property. The plan must include all the assets that either spouse obtained while married. Cash, real estate and investment accounts divide fairly with divorce in Florida.
Fairness may reflect how much each spouse contributed to an asset's purchase. The length of your marriage and future income or alimony could also determine the outcome of an asset's division. Separate property or assets a spouse purchased before the marriage generally do not divide in divorce.]]>