Central Florida Attorney Practicing Criminal, Family and Civil Law

Bring key documents (financial records, prior agreements, court orders). The attorney will:

• Review your case
• Explain your options
• Discuss possible outcomes, timelines, and costs

This is also your chance to decide if the attorney is the right fit.

Fees vary based on case type, complexity, and the attorney’s experience.

• Misdemeanors: $1,500–$5,000
• Felonies: $5,000–$50,000+

Always get a written fee agreement and confirm what services are included.

No, you can file on your own. Courts provide forms and clerks can assist. However, an attorney can help with evidence, procedure, and representation at hearings. Many advocacy groups also offer free legal help.

• Remain silent.
• Request an attorney immediately.
• Do not discuss your case with anyone but your lawyer.
• Do not sign anything without legal counsel.
• If you cannot afford an attorney, ask for a public defender at your first hearing.

• You must provide your license, registration, and insurance.
• You have the right to remain silent.
• You may refuse field sobriety tests (though refusal can be used against you).
• Under implied consent, refusing a breath test triggers automatic license suspension.
• You may request an attorney.

• Public Defender: Court-appointed, highly experienced, but often very busy.
• Retained Attorney: Privately hired, typically more availability, and you can choose who represents you.

Both are required to provide competent legal representation under Florida law.

Yes, but it is more difficult. Florida Rule of Appellate Procedure 9.200 allows you to file an appeal even without a transcript. However, without a record of what happened, it is very hard to prove error.

Options include:

• Agreed Statement of Facts: Both parties agree on what occurred (Rule 9.200(b)(4)).
• Narrative Statement: You prepare a summary of the proceedings, though the other party may object (Rule 9.200(b)(3)).
• Proceeding on the Record: Appeal is based only on documents and orders.

Key considerations:

• The appellate court presumes the trial court acted correctly.
• Without a transcript, the burden of proof is much higher.
• Many appeals fail because errors cannot be shown without a proper record.

No. Filing an appeal does not automatically stop the order. Under Florida Rule of Appellate Procedure 9.310, trial court orders remain in effect while the appeal is pending.

Possible relief:

• Motion for Stay: You can ask the appellate court to pause the order. You must show:
  • A likelihood of success on appeal
  • Irreparable harm without a stay
  • That the stay serves the public interest
  • That harm to you outweighs harm to the other parent
• Supersedeas Bond: Sometimes required to secure a stay.

Note: Courts are very cautious about staying custody and timesharing orders because children’s stability and best interests come first.

Florida Statute 61.13001 controls relocation with children. The requirements depend on whether the other parent agrees.=

With agreement:

• Written agreement signed by both parents
• Revised parenting plan
• Filing with the court

Without agreement:

• Petition for relocation including:
  • Reasons for the move
  • Proposed new timesharing schedule
  • Details about the new location (schools, jobs, etc.)
  • A revised parenting plan
• Proper notice to the other parent at least 45 days before moving

The court considers:

• The child’s best interests (Statute 61.13 factors)
• Each parent’s relationship with the child
• Impact on family relationships
• The child’s preference, if appropriate

Failure to comply can lead to contempt or an emergency order stopping the move.

Generally, no. Under Florida Statute 61.14, modifications only take effect from the date you file your petition.

Important points:

• You cannot recover additional support for past periods unless there was fraud, clerical error, or newly discovered evidence.
• The current order stays in place until the court enters a new one.

Strategy: File as soon as your circumstances change (income, timesharing, etc.) so the modification starts sooner.

Not fully. Being listed creates a presumption of paternity (Statute 742.10), but it does not guarantee timesharing or decision-making rights.

What it provides:

• Presumption of paternity
• Obligation for child support
• Standing to seek rights in court

What it does not guarantee:

• Automatic custody or timesharing
• Protection from paternity challenges

To secure full rights:

• File for a Parenting Plan establishing timesharing and responsibility
• Consider a formal paternity action

Yes. Major reform took effect in 2023 (Statute 61.08).

Key changes:

• Permanent alimony eliminated (with limited exceptions).
• Durational limits:
  • Under 10 years: max 50% of marriage length
  • 10–20 years: max 60%
  • Over 20 years: max 75%
• Retirement: Presumption alimony ends at full retirement age.
• Supportive relationships: Easier to modify or terminate if the recipient is supported by another partner.
• Length of marriage: Measured from date of marriage to filing for divorce.

Yes. If the Department of Revenue initiates an administrative case, you can request judicial review.

How it works:

• File a written request within 30 days of being served.
• Case transfers to Circuit Court for de novo (fresh) review.
• Governed by Florida Statute 409.2563.

Differences:

• Administrative process: Faster, less formal, run by the Department.
• Judicial process: Full due process, discovery, witnesses, cross-examination, and more legal protections.

Timing is critical—if you miss the 30-day deadline, the administrative order may become final.

Yes. Florida law allows certain prior convictions to be used as sentencing enhancements, which can raise the minimum or maximum penalty for a new charge.

Sherman handles criminal defense matters including drug trafficking, DUI manslaughter, sexual battery, homicide, mortgage fraud, and racketeering, as well as family law cases.

Yes, the firm offers a free 30-minute virtual consultation scheduled by calling 386-453-0500 or submitting the contact form.