Our Frequently Asked Questions 

Immigration Law:

1.  Q:  How can I move to the USA?

A:  There may be different ways one can come to the USA to live here permanently.  The U.S. Immigration Law provides set pathways for someone to visit the USA and to move to the USA.  There are multiple reasons one might want or need to move here.  It may be connected to a family situation, an employment opportunity, a business opportunity, an educational opportunity, or a need to escape someone or something.  These unique situations have to be carefully analyzed to make the most realistic suggestion.  Call us to inquire about your unique situation.

 

2.  Q:  Can I get a political asylum in the USA?

A:  A political asylum or just asylum in the USA may be granted to individuals who have been persecuted or have a realistic fear of being persecuted because they belong to a certain race, nationality, religion, social group, or have a certain political opinion.  Many people in the past have abused the U.S. asylum immigration system and, therefore, it became harder for everyone to go through the process of obtaining asylum in the USA.  If you contact us, we will give your individual case the attention that it needs and helps you understand the process and the possibility of success of your claim.

3.  Q:  How can I bring my family to the USA?

A:   There may be a few different ways to bring one's family to the USA.  It depends on many factors—the closer the family member, the easier, faster, and less expensive the process may be. The other factors that need to be considered are your immigration status in the USA, your financial situation, your previous history with bringing people into the USA, and your own as well as your relative's criminal history.  Usually, the first step is to file a family petition (A Petition for Alien Relative).  Often, the process may take more than 10 years, for example in cases where your relative is not a member of your immediate family, like your child, parent, or spouse.    However, there may be other options that could provide a different path for your relative to move to the USA.  Call us to discuss your relative's circumstances, and we will try to come up with a solution to help you reunite with your family as soon as possible.

4.  Q:  Can you defend me from getting deported or removed from the USA?

A:  When immigrants get arrested by ICE or when they receive a Notice to Appear (NTA) in front of an immigration court, it usually means that the government has started a removal process against you.  They want to deport you back to your native country or somewhere else.  We defend immigrants who are in the process of getting deported or removed.  The U.S. government will not provide you a free lawyer to defend your rights in the immigration court.  Please call us to discuss your case or the case of someone you know, and we will try to give you a solution to help you or someone you love to stay in the USA.

Personal Injury:

1. Q: Do I have a personal injury claim?

A: If you were injured because of someone's negligence, whether in a car crash or at a place of business, you may be entitled to monetary compensation. Do not sign any documents that the other party or their representatives, including insurance companies, may be asking you to sign. Try not to discuss your case with anyone, including your own insurance company, before you call us because that may jeopardize your case and your possibility of a future settlement. DO NOT PROVIDE A RECORDED STATEMENT. You have to record all of the details of the incident—take pictures, take a video, request the insurance information from the negligent party if the injury is the result of a car crash. Call the police and do not leave the scene of the incident unless you are in danger. Make sure that the incident is officially recorded. Make sure to see a doctor as soon as possible to get medical attention and to record your injuries. Please call us as soon as you can to discuss your case. We are going to investigate your case thoroughly to assess your situation, and we are going to attempt to get you the best possible outcome.

2. Q: How much is my personal injury case worth?

A: A personal injury case or a claim may be worth a lot, but be limited by circumstances outside your control. Typically, the attorney will need to do additional research to get the necessary information to be able to answer that question fully. If you or someone you love were injured by someone else's negligence, whether in a car crash when you were either a driver or a passenger, at work, at a place of business, at someone's house, at your house, when you were outside or on a boat, you may have a personal injury claim. If you are hurt, call us as soon as possible, before you speak to anyone else, including your insurance company, to make sure that your rights to a settlement in your claim are protected.

3. Q: How long is it going to be before I can receive my settlement?

A: A personal injury claim can take a while before it can be settled. The timeframe is very hard to pinpoint. It can definitely take months or even years for the settlement or a case award. Many different circumstances and factors play together in every individual case. We, at Pollack and Pollack Law, make every attempt to get our clients the best possible outcome in their personal injury claim and our clients can rest assured that we will be there for them every step of the way.

4. Q: Who will be responsible for my medical bills if I lose my case?

A: In Florida, PIP (Personal Injury Protection) automatically covers 80% of the medical bills, up to the first $10,000 incurred by the person who was injured in a car crash. After that money is exhausted and if the injured person still needs medical treatment, the doctors will usually provide treatments in contemplation of getting paid for them once the injured receives their settlement. They may ask you to sign an agreement that will make you responsible for paying for your treatments yourself if you do not receive a settlement. If you lose your personal injury claim and receive no money for your injuries, you may still file an insurance claim with your own auto insurance company for the amount up to the policy limits, you may be able to use your medical insurance to cover your medical bills, or you may be able to make arrangements with the providers on making payments towards your bill.

Divorce:

1. What should I do to get ready for my divorce?

To prepare for a divorce in Florida, we recommend that you gather all the financial documents about your assets (what you and your spouse own) and liabilities (what you and your husband/wife owe). We would, most likely, need tax returns information, bank statements from checking, saving, business accounts, credit card statements and any other financial statements that show cash flow for the past three years. If you have kids in common, you might want to start thinking about the parenting plan/visitation schedule.

2. Does it matter whose name is on the title of the property when dividing it during a divorce proceeding?

 

Marital property is any asset or liability acquired during the marriage by one party or both. This includes automobiles, boats and houses, land, businesses, and so on. For example, if your spouse purchased a car during the marriage and the title is only in his or her name, this car will be considered to be marital property for the purposes of property division under Florida law regardless of whose name it is on the title.

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Non-marital property generally includes something that was owned before the marriage and was maintained as separate property during the marriage. Furthermore, things that were gifted during the marriage by a third-party or by inheritance and has been maintained as separate property might also be considered to be non-marital property.

3. Will I pay or receive child support for my minor child?

Under Florida divorce law, the court may order one or both parents to pay for the support of minor children. The guidelines are determined by the income of the parents, the nights spend with the child and many other factors. We will help you calculate how much will be paid or received in child support based on the Florida guidelines. Child Support can always be modified upon proof of a substantial change in financial circumstances that meet certain requirements under Florida Law.

4. Will I receive alimony?

Under Florida law, the court will determine whether to award alimony based on determination as to the spouses’ need for the alimony and the other spouses’ ability to pay it. The court will take into consideration the duration of the marriage, the standard of living during the marriage, the age and financial resources of each party, the earning capacities, the contribution of each party to the marriage, and so on. The court may impute (assign) income to a spouse who is earning less or is not earning anything at all if the court determines that they are capable of earning through his or her best efforts. There are several types of alimony in Florida. We will discuss with you the various types of alimony and your rights to it.

Criminal Law

1. What Should I Do After I Have Been Arrested?

You have the right to remain silent, anything that you will mention to a police officer orally or in the statement, can be used against you in court. You should contact a criminal defense attorney as soon as possible so we can help you determine your next step. If you think that there may be a warrant for your arrest, please contact us as soon as possible, so we can investigate it and provide you with the best counsel for your case.

2. What are the Penalties for a DUI (Driving Under the Influence of alcohol or drugs) in Florida?

The penalties for a first offense DUI conviction are DUI School, $500-$1000 fines, license suspension, 50 hours of community service, up to 6 months in jail or 12 months’ probation, possible ignition interlock device and other penalties.

3. Do I have to submit to a breath test? Do I have to blow into a breathalyzer?

You can refuse to submit to a breath test. If you refuse, however, the Florida Department of Highway Safety and Motor Vehicles will automatically suspend your license for a period of 1 year, if it is your first refusal. Multiple refusals will increase the length of this suspension.

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You may be eligible to apply for a hardship license through the DMV. This license allows you to drive to work, school and medical appointments. Please call us, so we help guide you throughout this process.

4. Can I Clear My Criminal Record?

Depending on the resolution of your case, you may be eligible to have your criminal record expunged or sealed. Please call us, so we can discuss your individual case.

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