Information Center and Frequently Asked Questions

THE LAW OFFICE OF JAMES R. DISINGER, P.A.

Criminal Defense Attorney, James R. Disinger, located in Longwood, Florida and Deland, Florida,
represents clients throughout Orange County, Seminole County, and Volusia County in Central
Florida and the East Coast of Florida. This includes Orlando, Apopka, Winter Park, Lake Mary,
Altamonte Springs, Longwood, Oviedo, Casselberry, Sanford, Heathrow, Geneva, Winter Springs,
Debary, Deltona, Orange City, Deland, Daytona Beach, Daytona Beach Shores, and New Symrna
Beach.

INFORMATION CENTER / FAQ'S

ARRESTED?

YOU HAVE THE RIGHT
TO:

Speak to an Attorney
Remain Silent
Examine the Evidence
Confront your
Accusers
A trial by a jury of
your peers

Drunk Driving/DUI

You only have 10 days after your DUI arrest to
request a hearing to preserve your driving privilege.
You may be eligible for hardship license while your
case is pending.
If you gave a breath sample, the Intoxilyzer used in
your case must have been properly calibrated and
maintained. If not, that evidence may be suppressed.
If someone was hurt or died as a result of a crash
you were involved in, the DUI may be classified as a
felony and expose you to substantial prison time.
There are certain mandatory sentences if you are
convicted of DUI in the State of Florida, and the
minimum penalties increase if this was a 2nd or 3rd
DUI.

Domestic Violence

The consequences for a domestic assault and battery or child abduction conviction may
be severe. Aside from having your parental rights revoked, you may face heavy fines
and incarceration.
A conviction also strengthens the possibility that a restraining order or injunction will
remain permanently imposed.
There may be mitigating circumstances. Was self-defense involved? You may be
eligible to attend anger management classes or attend substance abuse counseling as a
way to avoid any incarceration.
Charges may be filed whether the alleged victim wants to pursue legal action or not.
What begins as an empty threat during a fight between spouses can quickly blossom
into false charges of verbal or physical spousal abuse. In such cases, an experienced
domestic violence attorney can negotiate with prosecutors to have charges reduced or
dropped.
You may have been ordered to have NO CONTACT with your family or not allowed
to return to your home. Our experienced domestic violence attorney can address this
issue with the court as soon as possible and may be able modify those conditions to
allow you to return to your home under certain conditions.

1220 Douglas Avenue
Suite 207
Longwood, FL 32779

FREE INITIAL
CONSULTATION

Evening and Weekend
Appointments Available

Phone 407-682-2727

24 Hours 386-785-4206

CALL US TODAY!

Sex Crimes

This type of charge can include sexual battery, lewd & lascivious conduct, indecent
exposure, molestation, possession of child pornography, distribution of child
pornography, failure to register as a sex offender, and violation of probation for
certain sex offenses
If you are convicted of certain sex offenses in the State of Florida, you will be required
to register as a sex offender or sexual predator and comply with the many
registration and reporting requirements. An experienced sex crimes attorney can
review your case and any minimum mandatory requirements and can explain how
the law would apply to you.
Just because you were accused or arrested for a sex offense does not mean you will
be convicted of one. We will interview the witnesses and review all of the evidence
and we may be able to reduce your charge or even have it dismissed.
Sex crimes are some of the most serious crimes a person can be arrested for. They
are handled very seriously by both the prosecutor and the court, and you need an
experienced attorney defending your rights!

Domestic Issues / Child Custody

It is our goal to facilitate an amicable agreement for the parties in domestic disputes.
We firmly believe that litigation is the last option to resolving domestic issues, but
should your case require litigation, we will aggressively fight for your legal rights.

The goal of a court's determination of custody and visitation is to provide a living
arrangement that is in the best interest of a child, consistent with the thirteen factors
found in Florida Statues 61.13.

Child custody should be based on your child's best interests and needs, and not the
parent's emotional or financial concerns. In Florida, the custodial parent receives
child support, and the non-custodial parent must make payments. Even though it is
in the best interests of the child to live with one parent, the other parent may seek
custody, just to avoid or reduce child support payments.

When determining parental custody, whether sole, joint, or rotating, the court
examines a variety of statutory factors impacting the welfare and interests of the
child, including:

►   The parent who is more likely to allow the child frequent and continuing contact with
the non-custodial parent.
►   The love and other emotional ties existing between the parents and the child.
►   The ability and disposition of the parents to provide the child with food, clothing, shelter,
medical care, and other material needs.
►   The length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity.
►   The permanence as a family unit, of the existing or proposed custodial home.
►   The moral fitness of the parents.
►   The home, school, and community record of the child.
►   The preference of the child as to custody, if the court deems the child to be of sufficient
understanding, intelligence, and experience to express a preference and opinion.
►   The willingness and ability of each parent to facilitate a close and continuous parent-child
relationship between the child and the other parent.
►   Evidence that any party has knowingly provided false information to the court
regarding a domestic violence proceeding or case.
►   Evidence of child abuse.
►   Any other fact not expressed in these laws that the court considers to be relevant to the
case and proceedings.

Child Visitation

If you were not awarded primary custody over your child, you have a right to
extensive contact with your children. Visitation is awarded to parents, absent a
showing of abuse or neglect.

Under Florida's child support statutory guidelines, support is determined by
examining both parents' income. When a parent is a business owner or possesses
investment properties, determining income can become complicated. Our lawyers
will examine all aspects of compensation to determine actual income, including:
travel, meal, and auto allowances; bonuses; retirement contributions; commissions;
insurance and payment of personal expenses. When necessary, we will employ an
accountant to determine your spouse's income.

Injunctions

Any person who is either the victim of domestic violence or has reasonable cause to
believe he or she is in imminent danger of becoming the victim of any act of
domestic violence, can file a petition for an injunction for protection against domestic
violence. If the Court feels there is an immediate danger based on what is contained
in the Petition, it will enter a temporary injunction. The Judge's issuance of a
temporary injunction is based only upon the Court having heard one person’s
version of events, and the Court will set a hearing where both the Petitioner and the
Respondent will have the opportunity to testify and be heard in regards to whether
an injunction is warranted in the case.

An Injunction may involve issues regarding possession and exclusive use of the
home, child custody, visitation and support. In certain cases the court can also
require the Respondent to participate in treatment, intervention, and/or counseling
services. An injunction may also require a person to surrender their firearms.

A person who willfully violates an injunction for protection against domestic violence
issued pursuant to Florida Statute 741.30 commits a misdemeanor of the first degree.

A person who does not meet the criteria for a Domestic Violence Injunction may
need to seek protection through a Petition for Protection against Repeat Violence, a
Petition for Protection against Dating Violence, or a Petition for Protection against
Sexual Violence.

Paternity

Any woman who is pregnant or has a child, any man who has reason to believe that
he is the father of a child, or any child may bring proceedings to determine the
paternity of the child when paternity has not been established by law or otherwise.
The action must be brought in the county where the plaintiff or defendant resides
and begins with one party filing a Petition to determine Paternity. The other party
has to file an Answer within 20 days of being served with the Petition.

If the responding party is in agreement, scientific testing may not be necessary;
however, if the parties do not agree a paternity test may be necessary.

If paternity is established, the Judge will decide the parenting arrangements such as
parental responsibility, custody and visitation based on the child’s best interests. In
some cases, the court may request a parenting evaluation or appoint a guardian ad
litem to assist in the making it's determination.

Child support may also be ordered to assist the other parent in meeting the child’s
material needs.