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# Mitchel Krause P.A.

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## Posts

- [Krause Law Firm: Expert DUI Representation When It Matters Most](https://krauselawoffice.com/krause-law-firm-expert-dui-representation-when-it-matters-most/) - Driving under the influence is a very serious and dangerous offense, resulting in varied consequences per state regulations. In Florida, a DUI charge will likely result in jail time, as well as heavy fines, significantly higher auto insurance rates, and the loss of your driver's license. If convicted, the charge will remain on your driving
- [When can I meet with an attorney?](https://krauselawoffice.com/when-can-i-meet-with-an-attorney/) - Our office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. Weekend and evening appointments are available upon request. An in-office appointment is recommended to address your case most thoroughly. Please call to schedule an in-office or telephone meeting. Mitch is available most days to speak with you regarding your case. Mitch can also
- [Do I need an attorney?](https://krauselawoffice.com/do-i-need-an-attorney/) - Your future hinges on the specifics of your case. Legal problems can have lifelong consequences that you might not be aware of. You need to protect yourself now and prevent many problems that can arise later. It costs nothing to meet with Mitch Krause to discuss your case.
- [How much do you charge?](https://krauselawoffice.com/how-much-do-you-charge/) - The fee for a legal service provided by an attorney is determined by agreement between the attorney and the client, and is affected by the nature of the legal work done. Criminal and juvenile cases are handled on a flat fee basis. Prior to work beginning on the representation of a client in defense of a criminal case,
- [What factors does the court consider in dividing marital property?](https://krauselawoffice.com/what-factors-does-the-court-consider-in-dividing-marital-property/) - Age, health, station, income, vocational skills, employability, estates, liabilities, and needs of each party Contribution by one party to the education, training, or increased earning power of the other party Opportunity of the parties to acquire future income and assets Sources of income, including medical, retirement, insurance, and other benefits Services of each party as
- [My former spouse is behind on alimony and child support. What recourse do I have?](https://krauselawoffice.com/my-former-spouse-is-behind-on-alimony-and-child-support-what-recourse-do-i-have/) - You can seek an Income Deduction Order (IDO) by filing a motion at the court clerk’s office and have a hearing before a judge. To do this, you need to know your former spouse’s place of employment, address, and Social Security number. If the judge enters the order, you have to serve the IDO on
- [I am the parent with the majority of contact time. Can I deny the other parent contact with the children?](https://krauselawoffice.com/i-am-the-parent-with-the-majority-of-contact-time-can-i-deny-the-other-parent-contact-with-the-children/) - The purpose of a contact schedule is for children to understand they have two parents who are entitled to love their children and be loved in return. If the children come back from a weekend with the other parent and are upset or tell you they do not want to go anymore, that is not
- [I am the parent with the minority of contact. Can I decide not to accept contact?](https://krauselawoffice.com/i-am-the-parent-with-the-minority-of-contact-can-i-decide-not-to-accept-contact/) - You are entitled to reasonable contact. If you are unable to comply with the contact schedule, you and the other parent might be able to work out alternative arrangements. Changes to the plan must be shown to be in the interest of the child. The court will have to approve any changes to an existing
- [How is child support calculated?](https://krauselawoffice.com/how-is-child-support-calculated/) - A set of state guidelines determines the amount of money a parent pays for child support. The amount is typically based on that parent’s net income and the number of children. See our Links page for more information.
- [Can I move to another state with the children?](https://krauselawoffice.com/can-i-move-to-another-state-with-the-children/) - Unless the other parent agrees to allow you to move out of state, you will need the court’s permission to relocate out of state. You would need to file a petition to relocate. An experienced family law attorney can help you with that procedure.
- [I have been divorced for a while and would like to change some of the provisions in the divorce decree. If my ex and I agree, would the changes be valid?](https://krauselawoffice.com/i-have-been-divorced-for-a-while-and-would-like-to-change-some-of-the-provisions-in-the-divorce-decree-if-my-ex-and-i-agree-would-the-changes-be-valid/) - After your divorce, you might find it necessary or desirable to modify one or more of the stipulations in your divorce decree, property settlement, or custody and support arrangements. You must follow proper procedure if you want that modification or set of modifications to be valid. An experienced family law attorney can work with you
- [I will be moving to another state soon, with permission from the other parent. The cost of living is higher in the new location. Will this entitle me to an increase in child support?](https://krauselawoffice.com/i-will-be-moving-to-another-state-soon-with-permission-from-the-other-parent-the-cost-of-living-is-higher-in-the-new-location-will-this-entitle-me-to-an-increase-in-child-support/) - Depending on the change in your income, you may have cause to modify the child support figure. If the court were to modify the amount of child support because of an increase in living expenses, it would most likely have to find that the modification is in the best interests of your children. Keep in
- [My income has increased since the court ordered child support. Can I be penalized for not paying more because of my increased income?](https://krauselawoffice.com/my-income-has-increased-since-the-court-ordered-child-support-can-i-be-penalized-for-not-paying-more-because-of-my-increased-income/) - In most situations, child support increases are only retroactive to the date of the filing of a motion to modify child support. However, many courts and child support collection agencies require non-custodial parents to report their income on a regular basis to ensure smooth modification proceedings. If your orders do that, and you failed to
- [Where can I find more FAQs about child custody, child support, and alimony?](https://krauselawoffice.com/where-can-i-find-more-faqs-about-child-custody-child-support-and-alimony/) - Child custody FAQs Enforcing custody rights FAQs Modifying custody FAQs Calculating child support FAQs Establishing child support FAQs Modifying child support FAQs
- [What is a "stop" in Florida?](https://krauselawoffice.com/what-is-a-stop-in-florida/) - You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you are not moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer.
- [What is required for the police to conduct a search?](https://krauselawoffice.com/what-is-required-for-the-police-to-conduct-a-search/) - A search warrant authorizes police to conduct a search of a specific, place such as your residence. In order for a warrant to be issued by a judge, “probable cause” is necessary. Probable cause to search means that— It is more likely than not that the specific items to be searched for are connected with
- [Can the police conduct a search without a search warrant?](https://krauselawoffice.com/can-the-police-conduct-a-search-without-a-search-warrant/) - The general rule is that warrants are required for searches. But search warrants are not required for the following— Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest. Automobile searches: If you are arrested in a vehicle, the police may
- [What nights do I have when arrested in Florida?](https://krauselawoffice.com/what-nights-do-i-have-when-arrested-in-florida/) - The general rule is that warrants are required for searches. But search warrants are not required for the following— Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest. Automobile searches: If you are arrested in a vehicle, the police may
- [What happens after I'm arrested?](https://krauselawoffice.com/what-happens-after-im-arrested/) - After you are arrested, the police will bring you to the police station for the booking process. You will be fingerprinted and asked a series of questions, such as your name and date of birth. You will also be searched and photographed. Your personal property such as jewelry will be cataloged and stored.
- [What do I do if I cannot afford an attorney?](https://krauselawoffice.com/what-do-i-do-if-i-cannot-afford-an-attorney/) - In Florida, if you cannot afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney will be appointed to defend you. In Florida, the booking officer is required to put you in contact with the public defender’s office if you cannot afford to hire an
- [When am I first brought before a judge?](https://krauselawoffice.com/when-am-i-first-brought-before-a-judge/) - Once criminal charges are filed, you will make a court appearance which is known as an “arraignment.” If you are incarcerated, this will usually occur within 72 hours of your arrest. During your arraignment, you will be asked to enter a “plea” to the crime you have been charged with. Florida pleas are— Guilty plea:
- [What is bail?](https://krauselawoffice.com/what-is-bail/) - “Bail” is money or property put forth as security to ensure that you will show up for further criminal proceedings. In Florida, bail can be paid— In cash A pledge of property (if permitted by the court) A bail bond A professional bail bondsman is an individual whose business is to pledge his or her
- [How long do I have to wait for a trial?](https://krauselawoffice.com/how-long-do-i-have-to-wait-for-a-trial/) - You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense. Speedy
- [What recourse do I have if I disagree with the outcome of a trial?](https://krauselawoffice.com/what-recourse-do-i-have-if-i-disagree-with-the-outcome-of-a-trial/) - If you are found guilty after a trial, you are entitled to an appeals process. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal. In Florida, you generally have 30 days following sentencing to file an appeal. There are numerous reasons for an appeal
- [Can my criminal record ever be erased?](https://krauselawoffice.com/can-my-criminal-record-ever-be-erased/) - In Florida, under some circumstances, you may be able to have a criminal record expunged, which means that the record is no longer available for most purposes and you can deny having been arrested. However, an expunged record may be accessed if you apply for jobs in law enforcement or involving contact with children. You
- [What is estate planning?](https://krauselawoffice.com/what-is-estate-planning/) - Estate planning is the accumulation and disposition of an estate, typically to minimize taxes and maximize the transfer of wealth to the intended beneficiary. Estate planning tools include the will, trust, power of appointment, power of attorney, medical power of attorney, and living will.
- [Do I need a will?](https://krauselawoffice.com/do-i-need-a-will/) - A will protects your property and can especially be helpful if you want to distribute your property to people other than your relatives. Without a will, state law dictates the distribution of your property. The default plan normally distributes property to relatives.
- [Is it necessary for a lawyer to draft my will?](https://krauselawoffice.com/is-it-necessary-for-a-lawyer-to-draft-my-will/) - While it may seem straightforward for you to draft your will yourself, personally drafted wills tend to be incomplete and are, therefore, invalid under state law. An attorney familiar with your specific state laws can legally draft a will that is valid under your state’s law.
- [What happens if someone dies without a will?](https://krauselawoffice.com/what-happens-if-someone-dies-without-a-will/) - State law uses a default will for anyone who dies without a will. Typically, the spouse and children of the person who died take the property. If there is no spouse and no children, the decedent’s parents take the property, followed by siblings, grandparents, and children of the grandparents. If no close relation can be
- [What is a trust?](https://krauselawoffice.com/what-is-a-trust/) - In a trust, a party known as the trustee has legal ownership of property transferred to him by the person making the trust (the grantor). Trust assets are invested and or managed for the benefit of one or more beneficiaries. A trust can be living, that is, established during the grantor’s lifetime, or testamentary, established
- [What are the duties and obligation of an executor or personal representative?](https://krauselawoffice.com/what-are-the-duties-and-obligation-of-an-executor-or-personal-representative/) - The executor or personal representative follows state law to wrap up the decedent’s affairs, including the following: Giving the proper notices to proper parties Collecting the decedent’s property Receiving claims against the estate Paying valid claims and disputing others Distributing estate property according to the will or state law Selling estate property to cover debts
- [What is probate?](https://krauselawoffice.com/what-is-probate/) - Probate is the legal process of administering an estate after someone dies. In this way, your property passes directly to your beneficiaries. Probate includes the following: Proving in court that a deceased person’s will is valid Identifying and inventorying the deceased person’s property Property appraisal Paying debts and taxes Distributing property as directed by a
- [Can you contest a will or trust?](https://krauselawoffice.com/can-you-contest-a-will-or-trust/) - Yes, when the person who wrote the will or trust was forced, deceived, mentally incompetent, or duly influenced.
- [Can You Go to Jail for Having A Fake ID?](https://krauselawoffice.com/can-you-go-to-jail-for-having-a-fake-id/) - What is a fake ID? A fake ID refers to a kind of identification that doesn’t contain the real information of the holder. In some cases, the information may be altered or forged. Alternatively, a fake ID may be used to create a false identity of an individual. It is worthwhile to understand that using
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