

For Walton County, Florida the weekend of February 28, 2015 earmarked the first of many large scale college spring break weeks, where college students embark on local communities like Destin, Santa Rosa Beach, Fort Walton Beach, Seaside and 30A. The college spring break population, generates a spike in the number of persons (spring breakers) arrested or cited for Underage Possession of Alcohol (also referred to as Minor in Possession), Open House Parties, DUI, and other criminal offenses such as drug offenses. Speaking with a source at the State Attorney’s Office this week, last years’ number of citations for Underage Possession of Alcohol alone had reached tallied approximately 1000. (This Number does not include those cases that have since been successfully sealed or expunged from the record). This nearly doubled the 600 citations from 2012 and appears to be on par to those numbers from 2013. As a result of the increase in citations issued in recent years, and the general perception from law enforcement and the community alike that spring break has reached its tipping point, the Walton County Sheriff’s Office has renewed its vow to crack down on college students again this year and will continue in its policy decision to arrest Underage Possession of Alcohol offenders rather than simply issuing the Notice to Appear as in years past. Just today the W.C.S.O. issues a spring break message on its social media outlets Here is the link to review: https://www.youtube.com/watch?v=SOhsbiOHQIU#t=30
Here is also the story from March, 2014 in the local Walton Sun: http://www.waltonsun.com/news/walton-county-to-take-aggressive-stand-during-spring-break-1.284022?tc=cr
The most common offense for college students is ”Possession of Alcoholic Beverages by Persons under the age 21″ (Minor in Possession) – Florida Statute 562.111. For an individual who has received a citation for minor in possession(MIP), the law reads in pertinent part: ” It is unlawful for any person under the age of 21 years…to have in his or her possession alcoholic beverages.”Law enforcement travel on foot and on ATV looking for unsuspecting college students who may be in possession of a beer can, bottle , or mixed drink and whom they believe to be underage.
A first violation of this law is punishable as a second degree misdemeanor and could result in the suspension or revocation of the individual’s driver’s license. In some counties (e.g. Walton County), subsequent convictions may result in jail time.
If an individual receives a Notice to Appear or goes to jail for Underage Possession of Alcohol or is Arrested for Minor in Possession while in Destin, Fort Walton Beach, Santa Rosa Beach or anywhere in Okaloosa or Walton County, Florida, I recommend that person consult with a local Walton County criminal defense lawyer. An attorney may be able to assist the individual in obtaining pretrial diversion or a deferred prosecution so the student may be able to avoid a conviction. Some students, or parents of students, are unaware that the payment of the fine will result in the criminal charge remaining on the individual’s criminal history, unless he or she is subsequently eligible to expunge or seal the offense. In fact, some law enforcement officers in the past have suggested that the individual simply pay the fine since the fine is only $250.00, but failed to explain the potential ramifications. For more on past articles for Walton County Spring Break visit the links posted below or visit the Northwest Florida Daily News or Walton Sun for more information http://www.nwfdailynews.com/local/spring-offers-no-break-for-deputies-gallery-1.110236 http://www.nwfdailynews.com/local/32-spring-breakers-arrested-at-house-party-1.109236 _MG_0261clr_web-1
Jeremy S. Keich is a local Walton County criminal defense attorney with an office in Miramar Beach. As a criminal defense lawyer, Mr. Keich has helped clients successfully resolve these spring break and alcohol related offenses. If you have been charged with minor in possession, driving under the influence or any other criminal offense while in Destin, Fort Walton Beach or anywhere in Northwest Florida during spring break, feel free to contact this Destin Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlaw.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.
March 1, 2014, signaled the beginning of the 2014 college spring break era for local communities and law enforcement in Walton County and Okaloosa County. For the next few weeks college students will travel to the beaches of South Walton and Destin to unwind from college. With the increased vehicular and pedestrian traffic as a result of spring break, local attorneys like myself also see an increase in the number of persons (spring breakers) arrested or cited for Underage Possession of Alcohol (also referred to as Minor in Possession), Open House Parties, DUI, and other criminal offenses such as drug offenses.
By the end of the final major spring break week last year, the number of citations for Underage Possession of Alcohol alone had reached approximately 1100. This nearly double the 600 citations from the year prior. In total, Walton County alone issued over 1800 citations (Notices to Appear) for Underage Possession of Alcohol in all of 2013.
As a result of the increase in citations issued in 2014, and the general perception from law enforcement and the community alike that spring break has reached its tipping point, the Walton County Sheriff’s Office has vowed to crack down even more this year. One very noticeable change already publicized by Walton County is the decision to arrest Underage Possession of Alcohol offenders rather than simply issuing the Notice to Appear as in years past. See the recent story from March, 2014 in the local Walton Sun: http://www.waltonsun.com/news/walton-county-to-take-aggressive-stand-during-spring-break-1.284022?tc=cr
The most common offense for college students is ”Possession of Alcoholic Beverages by Persons under the age 21″ (Minor in Possession) – Florida Statute 562.111. For an individual who has received a citation for minor in possession(MIP), the law reads in pertinent part: ” It is unlawful for any person under the age of 21 years…to have in his or her possession alcoholic beverages.”
Law enforcement travel on foot and on ATV looking for unsuspecting college students who may be in possession of a beer can, bottle , or mixed drink and whom they believe to be underage. See: http://www.nwfdailynews.com/articles/spring-48251-beach-breaker.html
A first violation of this law is punishable as a second degree misdemeanor and could result in the suspension or revocation of the individual’s driver’s license. In some counties (e.g. Walton County), subsequent convictions may result in jail time.
If an individual receives a Notice to Appear or goes to jail for Underage Possession of Alcohol or is Arrested for Minor in Possession while in Destin, Fort Walton Beach, Santa Rosa Beach or anywhere in Okaloosa or Walton County, Florida, I recommend that person consult with a local criminal defense lawyer. An attorney may be able to assist the individual in obtaining pretrial diversion or a deferred prosecution so the student may be able to avoid a conviction.
Some students, or parents of students, are unaware that the payment of the fine will result in the criminal charge remaining on the individual’s criminal history, unless he or she is subsequently eligible to expunge or seal the offense. In fact, some internet gurus who provide “legal advice” have suggested that the individual simply pay the fine since the fine is only $250.00, but failed to explain the potential ramifications.
For more on past articles for Walton County Spring Break visit the links posted below or visit the Northwest Florida Daily News or Walton Sun for more information
http://www.nwfdailynews.com/local/spring-offers-no-break-for-deputies-gallery-1.110236
http://www.nwfdailynews.com/local/32-spring-breakers-arrested-at-house-party-1.109236
Jeremy S. Keich is a Destin criminal defense attorney with an office in Miramar Beach (Walton County). As a Walton County criminal defense lawyer, I have helped clients resolve these spring break offenses and alcohol related offenses.
If you have been charged with minor in possession, driving under the influence or any other criminal offense while in Destin, Fort Walton Beach or anywhere in Northwest Florida during spring break, feel free to contact this Destin Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlaw.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.
An expunction of a criminal history record means that there is a court order that means a criminal history record must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.
A person who has had their criminal history record expunged may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:
Other circumstances apply where one must disclose the criminal history record, the bulleted information is an example only and not intended to be an – list.
Prior to filing his or her Petition for Expunction with the court that presided over the criminal incident, an individual must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. The application for the Certificate of Eligibility must show that the applicant has obtained a certified statement from the prosecutor that:
The applicant must also :
Many prospective clients call to inquire on the expunction of his/her Walton County criminal offense such as underage possession of alcohol, possession of a controlled substance, grant theft. Most commonly spring breakers look to conceal their minor run in with law enforcement once they have paid the citation. I always recommend that a prospective client calling about an expungement prior to his/her case being resolved address the criminal episode to his or her best ability on the front end rather than relying on the expunction process. This may mean the individual should consult with or retain a Walton County Attorney to handle their case. I suggest this not only for the reasons set forth above, but also because many third-party vendors who obtain a criminal history record do not receive the Order or Expunction from the Court. This results in these third-party vendors continuing to publish expunged (or sealed) information. Additionally, it may be more cost-effective to pay for a Walton County, Florida lawyer prior to resolution opposed to retaining the lawyer for the expunction process.
Jeremy S. Keich is a Destin criminal defense attorney with an office in Miramar Beach (Walton County). As a Walton County criminal defense lawyer, I have helped clients expunge their criminal records and alcohol related offenses.
If you have been charged with minor in possession and want to discuss your case further, including expunction of the criminal offense feel free to contact this Walton County Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlawfirm.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.
Saturday, March 9, 2013, earmarked the first major spring break week for local communities and law enforcement in Walton County and Okaloosa County. Students from the southeast, midwest and beyond embarked to the Emerald Coast for their brief vacation from their respective college or university. With the increased vehicular and pedestrian traffic as a result of spring break, local attorneys also see and increase in the issuance of Notices to Appear (or Arrests) for Underage Possession of Alcohol, Open House Parties, DUI, and other criminal offenses.
I wrote last year that one spring break weekend alone, per the local newspaper, generated in excess of four hundred citations issued for minor criminal offenses such as Minors in Possession of Alcohol. This year the numbers seem to be headed the same direction. This past weekend’s increased law enforcement presence culminated in the Monday afternoon arrest of over thirty college students at a house in Miramar Beach (Walton County, Florida). Most of the individuals arrested were cited for Underage Possession of Alcohol, Others were cited for Open House Party. All were taken to the Walton County Jail. A link to the Northwest Florida Daily News Article is provided here:
http://www.nwfdailynews.com/local/32-spring-breakers-arrested-at-house-party-1.109236
Unique to this situation is that law enforcement made actual arrests in this instance (rather than simply issuing the Notice to Appear). As a result, most (if not all) of these individuals will be greeted with their mugshot being displayed on a variety of internet search engines. Due to the alleged damage to the residence, and the publicity received, it is yet to be seen how local authorities will elect to handle these cases.
The most common offense for college students is ”Possession of Alcoholic Beverages by Persons under the age 21″ (Minor in Possession) – Florida Statute 562.111. In fact, earlier today I learned that just this weekend alone, nearly two hundred notices to appear were issued by the Walton County Sheriff’s Office Beach Patrol Division for this offense.
For an individual who has received a citation for minor in possession(MIP), the law reads in pertinent part: ” It is unlawful for any person under the age of 21 years…to have in his or her possession alcoholic beverages.”
Law enforcement travel on foot and on ATV looking for unsuspecting college students who may be in possession of a beer can, bottle , or mixed drink and whom they believe to be underage. See: http://www.nwfdailynews.com/articles/spring-48251-beach-breaker.html
A first violation of this law is punishable as a second degree misdemeanor and could result in the suspension or revocation of the individual’s driver’s license. In some counties, subsequent convictions may result in jail time.
If an individual receives a Notice to Appear for Minor in Possession or is Arrested for Minor in Possession while in Destin, Fort Walton Beach, Santa Rosa Beach or anywhere in Okaloosa or Walton County, Florida, I recommend that person consult with a Destin criminal defense lawyer. An attorney may be able to assist the individual in obtaining pretrial diversion or a deferred prosecution so the student may be able to avoid a conviction.
Some students, or parents of students, are unaware that the payment of the fine will result in the criminal charge remaining on the individual’s criminal history, unless he or she is subsequently eligible to expunge or seal the offense. In fact, some internet gurus who provide “legal advice” have suggested that the individual simply pay the fine since the fine is only $250.00, but failed to explain the potential ramifications.
Jeremy S. Keich is a Destin criminal defense attorney with an office in Miramar Beach (Walton County). As a Walton County criminal defense lawyer, I have helped clients resolve these spring break offenses and alcohol related offenses.
If you have been charged with minor in possession, driving under the influence or any other criminal offense while in Destin, Fort Walton Beach or anywhere in Northwest Florida during spring break, feel free to contact this Destin Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlaw.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.
A common issue that parents face after the initial child custody location is when the parent that has the majority of time-sharing, or primary custody, over the minor child(ren), seeks to relocate from the principal address or residence. When speaking about “relocation” in this blog we are referring to a distance of fifty miles or more from that principal residence and a time period of sixty days or more. A temporary move (or absence) for reasons such as vacation, education, or health care do not qualify.
The easiest way to resolve relocation is by agreement. This means that the parents reach a settlement on how to modify the current child custody, time-sharing, arrangement as a result of the relocation. Often, when we are talking about a significant geographic relocation, the typical shared parenting plan that awards one parent every-other weekend visitation becomes logistically impossible. As a result of this logistically impossible scenario, that parent may receive greater visitation with the child(ren) during extended winter and spring breaks as well as longer summer visitation.
If the parties can not agree to a change in the time sharing schedule as a result of relocation, Florida Statute 61.13001 requires the parent seeking to relocate to file a “petition to relocate” and serve the petition on the other parent. After service of the petition, the Court can issue temporary orders, including a temporary order restraining the child from relocating or ordering the child to return if the parent/child have already relocated.
If relocation is contested, the court must make a determination on whether or not it is in the best interest of the child to relocate with the parent. Some of the factors the court considers are:
What happens after an arrest? Will I remain in Jail? These are common questions first asked of me when I have a client, prospective client or the accused’s family contact my office.
Generally speaking, once arrested the individual will not be require to sit in jail for an extended period of time without an opportunity for release. Persons who have been arrested will generally be taken before a judge the morning after arrest(or within 24 hours after the arrest) for first appearance. It is at first appearance where the presiding judge will make a probable cause determination and determine whether the individual is entitled to be released from incarceration.
At the individual’s first appearance, the presiding judge will determine if the individual arrested shall be entitled to pretrial release (or bail). Bail is any of the following forms of release (or any combination) issued by the judge:
– personal recognizance of the individual arrested;
– executing an unsecured appearance bond in an amount set by the judge;
– placing restrictions on travel, association, or place of abode of the individual;
– executing a bail bond (cash or surety);
-and any other condition considered reasonably necessary to assure the individual’s appearance in court.
In determining whether or not to release an individual the court may consider:
– the nature and circumstances of the alleged criminal offense (and the corresponding penalty for that offense)
– the weight of the evidence;
– individual’s family ties to the community;
– length time the individual has resided in the community;
– employment history of the individual;
– financial resources of the individual;
– past and present conduct of the individual (including previous failures to appear, convictions);
– the individual’s need for substance abuse or mental health treatment;
– the probability that the individual’s release may pose a danger on the community;
– and any other facts the court may consider to be relevant.
The purpose of bail or pretrial release is to secure the presence of the individual at all future proceedings. No person charged with a dangerous crime identified in 907.041 (e.g. aggravated battery, burglary of a dwelling, robbery, sexual battery…just to name a few), Florida Statutes, is entitled to nonmonetary conditions of release, except for a narrowly tailored exception.
Once conditions for pretrial release have been set at first appearance, the individual may also ask the court to modify the previously imposed conditions as well. One common scenario often modified is modifying “no contact with a victim” to “no violent contact” or “no unlawful contact”.
If you are seeking to modify pretrial release conditions or have a friend of family member who has been denied pretrial release at first appearance in Walton County, Okaloosa County, Destin, Fort Walton Beach, Santa Rosa Beach, DeFuniak Springs or anywhere in Northwest Florida , feel free to contact this DeFuniak Springs Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlaw.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.
Outside of the child custody determinations one of the most heavily litigated issues in a dissolution of marriage (divorce) case is the division of the marital property. This includes both marital assets as well as liabilities(debt). Florida acts under the premise that marital property should be divided equitably and has adopted the term “equitable distribution”. However, a party may claim a special equity in marital property. For the purposes of today’s blog however the focus will remain on discussing the difference between marital and nonmarital assets
Florida Statute 61.075 defines “martial assets” as:
– Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
– The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.
– Interspousal gifts during the marriage.
As you can see several issues may arise when seeking to divide marital assets or making a claim that certain property is nonmarital. If you are seeking a divorce and have marital or nonmarital assets you may want to consider consulting a Destin Divorce Lawyer about your case.
If you live in the Walton County, Florida area (or are visiting the area for vacation) and are arrested for DUI, you should be aware that a conviction for DUI carries mandatory penalties as established by the Florida Legislature. In addition to those mandatory penalties, the local courts may also impose other penalties as a result of your conviction for DUI.
For persons convicted of DUI in the Walton County those Penalties Include:
1. Pay Fines and Court Costs
2. Probation
3. Suspension of Driver’s License
4. Vehicle Impound
5. Community Service Hours
6. DUI School
7. Ignition Interlock
8. Jail Time
9. Vehicle Impact Panel
All of these examples are either required, or common examples of penalties associated with a DUI conviction in the Walton County area. However, additional penalties or enhancement of the aforementioned penalties may occur when one of the following facts exists in your case:
– Children are in the Car
– BAC (breath/blood alcohol content) above 0.15
– damage to person or property (if serious bodily injury occurs to the other party then the charge of DUI could become a felony)
I first and foremost recommend and urge all to abstain from operating a motor vehicle after consumption of alcohol. However, if you have been charged with DUI in the Walton County, FLorida I also recommend you speak with an attorney about your case prior to entering a plea to this charge.
Jeremy S. Keich is a Walton County criminal defense attorney with offices in Destin(Okaloosa County) and DeFuniak Springs(Walton County). As a Destin criminal defense lawyer, I have helped clients resolve DUI and alcohol related offenses.
If you have been charged with driving under the influence or any other criminal offense while in Walton County, Okaloosa County, Destin, Fort Walton Beach, Santa Rosa Beach, DeFuniak Springs or anywhere in Northwest Florida , feel free to contact this Walton County Criminal Defense Lawyer at (850) 460-2989 or visit http://www.keichlaw.com for more information.
WARNING: Nothing in this blog should be construed as legal advice nor should it be construed as an attorney-client relationship.
It is not uncommon for a prospective client(parent) to say that the court should award him/her primary custody of their child(ren) because the minor child(ren) told that parent that he or she want to live with that particular parent. However, the child’s preference may or may not matter in child custody determinations because the judge presiding over a child custody determination, whether during an initial divorce case or in a subsequent child custody modification, must consider and act in favor of what is in the best interest of the child.
Florida Statute 61.13(3) outlines the many factors the judge considers when making initial child custody determinations as well as modifications to original child custody determinations to determine exactly what is in the best interest of the child. Specific to this blog is 61.13(3)(i) which allow the judge to consider “the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.”
Based on the plain language of the statute referenced in the paragraph above, the court must first find that the child is intelligent enough and has the adequate understanding to take the child’s preference under consideration in the first place. For example, a judge is more likely to hear the preference of the minor child if the minor child is fourteen years old compared to the preference of a child who is only seven years old.
From a practical consideration, the attorneys should also be concerned about involving any minor in the actual litigation by asking the child to testify in child custody determinations. In fact, there are other alternatives outside of hearing the child testify, to notify the judge of the child’s preference and these alternatives will be discussed in a later blog.
However, even if the child exhibits sufficient intelligence, understanding, and experience, as to where his preference is made known to the court, the child’s preference alone is not enough to satisfy the best interest of the child standard in making a child custody determination. Moreover, a change in preference by the child, will not qualify as a substantial and material change in circumstances necessary to modify child custody either.
In conclusion, while the preference of the child is helpful for a parent involved in litigation involving child custody, the bottom line is that this factor alone will not be held to be in the best interest of the child and the party seeking child custody must be diligent in proving to the judge that there or other factors pursuant to Florida Statute 61.13(3) which serve as the reason why that parent should be awarded primary custody (or majority time-sharing) over the minor child(ren)
In every divorce case, either spouse may request alimony or spousal support. While the traditional notion has been that women are entitled to spousal support based on their traditional role as a stay at home wife/mother, nothing precludes the father/husband to seek alimony when the facts or circumstances are appropriate. The determination of alimony is a multi-step process. First, the court must determine whether the party seeking alimony has a need for alimony. Second, if the court determines that the spouse does in fact have a need for alimony, the court must then determine whether or not the other spouse actually has the ability to pay alimony. These two steps are generally determined and reviewed by conducting an analysis of each parties current financial situation including their assets, liabilities and income.
If the court is satisfied that there is a need and the ability to pay exists, the court must then determine the type of alimony to be awarded. In Florida the different types of alimony are bridge-the-gap alimony, rehabilitative alimony, durational alimony, permanent alimony or any combination thereof. Alimony may be paid periodically, lump sum payment of both.
In determining the type and amount of alimony to award, the court must then review:
– the adultery of either spouse and circumstances thereof
– The standard of living established during the marriage.