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1220 Commerce Park Dr., Suite 103
Longwood, Florida 32779

(407) 862-7110

Central Florida Criminal, Family, Juvenile,
                                         and Civil Law Attorney

Get help from an attorney with over 20 years of legal experience

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The Law Office of Mitchel Krause, P.A.
1220 Commerce Park Dr. (formerly Douglas Avenue), Suite 103
Longwood, Florida 32779
Phone: (407) 862-7110

Use the form below to contact us with any questions or comments.

Frequently Asked Questions

Below are questions and answers that you may find interesting.  For answers to your specific questions and a free consultation, call Mitch Krause at 407-862-7110 or contact him online.

General

Family law

Criminal law

Juvenile law

Estate planning

General

Where is your office located?

The Law Office of Mitchel Krause, P.A.
Suite 103
1220 Commerce Park Drive (formerly Douglas Avenue)
Longwood, Florida 32779

407-862-7110

When can I meet with an attorney?

Our office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may call to schedule an in-office or telephone meeting. Mitch is available most days to speak with you regarding your case. An in-office appointment is recommended to address your case most thoroughly. Mitch can also be reached through this website from the contact page. Weekend and evening appointments are available upon request.

Do I need an attorney?

Legal consequences have long-term ramifications.  You need to protect yourself now rather than later.  It costs nothing to meet with Mitch Krause to discuss your case.

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, a total fee is agreed upon and will be paid according to the agreement regardless of the amount of time it takes to conclude the matter to the client's satisfaction.  Civil and family cases are charged on an hourly rate basis with a non-refundable initial retainer.

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Family law

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 a parent, wage earner, or homemaker
  • Value of each party's property
  • Standard of living established during the marriage
  • Tax consequences of the distribution
  • Custodial parent designation

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 the employer who will become liable to take the support out of your former spouse's paycheck. Another option is to file a motion for contempt and get an order to show cause why the payments are not being made. This puts your former spouse back in court. A skilled family law attorney can review the options with you and guide you to the best solution for your needs.

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 reason to deny contact unless their health and/or welfare are endangered by the contact. If you are having a disagreement with the other parent or harbor ill feelings, that is not reason to deny contact. However, contact must be reasonable. That means if he or she wants to see your child in the middle of the night or is drunk or stoned, you do not have to permit contact.

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. Remember your children deserve the love of both their parents.

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?

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?

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 to ensure your desired changes are valid.

I will be moving to another state soon, with permission from my 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 mind, though, that any visitation expenses for your ex increase due to travel, etc., and may offset any increase in living expenses on your part.

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 do so, you might have some problems. If your orders do not require such, normally there is no obligation to pay anything more than what was ordered.

Where can I find more FAQs about child custody, child support, and alimony?

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Criminal law

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?

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 criminal activities
  • Those items will be found in the place to be searched

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 search the inside of the vehicle.  To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
  • Exigent circumstances:  Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence.
  • Plain view:  Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
  • Consent:  If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant.  You are not required to consent to any police searches.

What rights do I have when arrested in Florida?

In order to be arrested, there must be "probable cause."  This means that there must be a reasonable belief that a crime was committed and you committed the crime.  An arrest warrant is not necessary.  After you are placed under arrest, you are protected by constitutional rights.  Two important rights to be aware of are right to remain silent and the right to have an attorney.  After your arrest, you are not required to say anything else to police or investigators, until you have an attorney present.  You must be given the opportunity to contact an attorney.  Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins:

  • The right to remain silent
  • The right to have an attorney present during questioning
  • The right to have an attorney appointed if you are unable to afford one

Important to note is that Miranda rights do not have to be read until you are taken into custody.  That means that you can be questioned by the police before being taken into custody, and anything you say at that point can be used against you later in court.

What happens after I am 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 catalogued and stored.

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 attorney.  Once a public defender has been appointed to defend you, you may ask the court to appoint a substitute attorney only for good cause.  Good cause requires more than mere dissatisfaction with your appointed attorney and may include—

  • A conflict of interest between you and the attorney
  • Your attorney becomes ill and cannot continue to represent you
  • There is reason to believe that your attorney is not providing effective assistance

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:  If you plead "guilty," you are admitting to the facts of the crime and the fact that you were the one who committed that crime.
  • Not guilty plea:  A "not guilty" plea asserts that you did not commit the crime you were accused of.  After your plea, a pre-trial or trial date will be set.
  • No contest plea:  A "no contest" plea indicates that, while you are not admitting guilt, you do not dispute the charge.  This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
  • "Mute" plea:  In Florida, you may "stand mute" instead of making a plea.  The court will then enter a plea of not guilty.  By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point.  You are then free to attack all previous proceedings that may have been irregular.

If you plead "guilty" or "no contest," there will not be a trial.  You will then be sentenced.  During the arraignment, the court will also do one of the following:

  • Set bail
  • Refuse to set bail
  • Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations

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 own property or security to guarantee the bail bond to the court.

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 trial without demand:  In most cases, a defendant will be brought to trial within 90 days of arrest if the crime is a misdemeanor, and within 175 days of arrest if the crime charged was a felony.
  • Speedy trial with demand:  With limited exceptions, every person charged with a crime has the right to demand a trial within 60 days. 

A felony is a crime usually punishable by imprisonment for more than one year.  A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration.  Many prosecutors will consider "plea agreements," although it is not legally required.  If you do not reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.  Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial.  This right may be waived by pleading guilty or choosing a bench trial (a trial in front of a judge only).  If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

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 from a guilty verdict in a criminal case, including "legal error."  Legal error may include—

  • Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
  • Lack of sufficient evidence to support a verdict of guilty
  • Mistakes in the judge's instructions to the jury regarding your case

You may also appeal due to misconduct on behalf of the jurors, or if there is newly discovered evidence to exonerate you.

In Florida, if you entered a guilty or no contest plea, you may directly appeal only for the following reasons:

  • The court lacked subject matter jurisdiction (i.e., the court did not have the authority to decide the case based on the subject matter);
  • There was a violation of the plea agreement
  • Your plea was involuntary
  • There was a sentencing error; or
  • As otherwise provided by law

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 may be eligible for expungement of records relating to a single arrest if you have never been found guilty of a crime, including the offense for which you are seeking expungement.  In other words, if the charges are dismissed or you are found not guilty, you may have your records relating to an arrest expunged.  To get an expungement, you will have to obtain a certificate of eligibility for expunction from the Florida Department of Law Enforcement.  After getting the certificate, you must file a court petition.  The court will decide whether to order your record expunged.  Juvenile records may be expunged in the same manner.  Also, juvenile records are expunged by the state of Florida when a juvenile offender reaches age 24 (age 26 for serious or habitual offenders).

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Estate planning

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?

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?

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?

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 found, the property eventually belongs to the state. Note, though, that as part of the probate process, the decedent’s creditors lay claim to the property after certain allowances for spouse and children.

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 in a will. A trustee can be either an individual or an institution, such as a bank.

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 or allow for proper distribution may also be necessary.

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 will
  • Transferring title and ownership of assets to the property beneficiaries

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.

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