Derek Byrd

Derek Byrd

The Byrd Law Firm, P.A.

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Latest Publications


Divorce Also Means Dividing Debt

When international media magnate Rupert Murdoch divorced wife number two, the media reported, some maintain inaccurately, that the Fox man’s ex received a $1.7 billion divorce settlement. While Murdoch may be in a league all...more

2/6/2014 - Debt Divorce

Technology Traps In Modern Divorce

In the past, contentious divorces often required the services of skilled investigators and even private detectives to gather critical evidence regarding a divorce’s less savory circumstances. To a large extent, the Internet...more

2/4/2014 - Divorce

Common Law Marriage, Domestic Partners And Cohabitation

With divorce rates continuing to climb, people in committed long-term relationships may shy away from conventional legal marriages for any number of reasons. While people may feel this is their right, the legal status of...more

2/3/2014 - Cohabitation Agreements Common Law Marriage Divorce Domestic Partnership Marriage Same-Sex Marriage

Second Divorces Common, Yet Difficult

With more than 50 percent of all marriages in the United States ending in divorce, one might naturally wonder why there are still so many married people around. More of the population would in fact be single if not for the...more

1/30/2014 - Divorce

Search And Declare: Seeking Hidden Assets In Divorce

The financial principle of all divorces in Florida is equitable distribution of marital assets. People facing divorce frequently dwell on the first word of this phrase, “equitable,” with their legal counsel thrashing out what...more

1/28/2014 - Divorce Marital Assets

Divorce In The Golden Years

Paul Hogan is best remembered for his roles as a lovable wildlife wrangler in the Crocodile Dundee film franchise of the 1980s. At 74 years old, Hogan’s days of ‘gator grappling are largely over....more

1/21/2014 - Divorce Grey Divorce Marital Assets

What Qualifies As Income For Purposes Of Child Support?

Computing child support payments can be complicated because it involves a number of different variables. Courts take into account factors such as monthly income, childcare costs and children’s healthcare needs. ...more

1/20/2014 - Child Support

Child Safety May Be Tipping Point In Custody Actions

It should come as no surprise that when courts consider the amount of time a child spends with each parent, domestic violence weighs heavily in the balance. With 20 percent of all homicides in the state resulting from...more

1/16/2014 - Child Custody Divorce Domestic Violence

Latest Thefts Illustrate New Wrinkle In Florida Elder Abuse

The suspicions of a Vicksburg-area nursing home administrator were recently piqued when she noticed a debit for an expensive pair of jeans on one of the resident’s trust accounts. Beyond the fact that it did not seem like a...more

12/24/2013 - Elder Abuse Elder Issues Theft

New Evaluations Raise Questions About DUI Test Accuracy

The Intoxilyzer 8000’s moniker makes it sound like a futuristic robot from a big-budget science fiction thriller. In reality, the machine is a small, mobile infrared spectrometry breath-testing device used to determine if...more

12/23/2013 - Breathalyzer Drunk Driving DUI

False Arrests Raise Serious Questions About DUI Protocol

A Tampa attorney who was recently the subject of a dubious plot to discredit his efforts in a high-profile defamation case may be scratching his head and wondering how premeditated harassment falls into any law enforcement...more

12/18/2013 - Arrest DUI Unlawful Arrest

Can Medical Conditions Affect DUI Test Results?

When Port Richey police arrived to a post-midnight call related to a man asleep behind the wheel of a red SUV, they discovered that the drowsy driver was none other than the city manager. What happened next has been the...more

12/16/2013 - DUI

Mourning Handles DUI Stop With Aplomb

When drivers are stopped by law enforcement based on suspicion of driving under the influence, anxiety can shoot through the roof. This can have a disastrous effect on any of the diagnostic measures used to determine whether...more

12/10/2013 - Breathalyzer DUI Field Sobriety Tests Traffic Stops

White Lines Float Away: Coast Guard Catches Caribbean Contraband

A Florida-based Coast Guard crew returned to port with a $23 million contraband haul, which represents the fruits of a five-week Caribbean patrol. Unloading the 1,500 pounds of cocaine it had seized near Puerto Rico, the crew...more

12/9/2013 - Coast Guard Drug Trafficking Illegal Drugs

Friday Night Lights: No Place For Firearms

Sarasota County Jail had an extra inmate this month when a local man decided to bring a loaded and cocked .45 caliber pistol to a high school football game. Law enforcement officials were alerted to the presence of the man...more

12/3/2013 - Firearms Gun Laws

Solicitation And Conspiracy: When Two Heads Aren’t Better Than One

While strained relationships between daughters- and mothers-in-law are almost to be expected, a Jacksonville granny’s frustration with her son’s wife and the mother of her grandchild crossed the line. The woman entered into...more

12/2/2013 - Conspiracies

Illegal And Unwise: Latest Synthetic Drugs Not The Spice Of Life

Often mischaracterized as synthetic cannabis, the effects of a newer drug called spice or K2 bears little resemblance to actual marijuana. Spice was first introduced a few years ago as a legal version of marijuana, since the...more

11/26/2013 - Chemicals DEA Drug Manufacturers Drug Safety Spice

DUI Civil Damages: Fines And Imprisonment Just The Beginning

After being sentenced to 12 years in prison for a deadly DUI accident involving a retired Maryland couple, Florida courts recently hit a Miccosukee man squarely in the wallet. At the time of the accident, the man in question...more

11/25/2013 - DUI

From Dangerous To Deadly: When Driving Under The Influence Kills

A 28-year-old highway worker lost his life when a Tampa Bay woman’s silver pickup truck swerved off the road into a series of construction barrels that filled the closed lane. The young man was busy painting fresh lines on...more

11/19/2013 - Car Accident DUI

Cyberbullying In Florida: Cruel, Deadly And Illegal

Notwithstanding the convenience, improved communication and access to massive amounts of information the Internet has enabled, modern technology has also brought with it a number of negative consequences. Once relegated to...more

11/18/2013 - Cyberbullying

The Innocence Project — When DNA Exonerates

If we go by television’s fictional world of law and order and CSI ingenuity at cracking cases, we may think that the criminal justice system is foolproof and that the presumption of innocence is merely a...more

11/12/2013 - Criminal Prosecution DNA Exonerate The Innocence Project

Immigration Consequences Of A Guilty Plea

When someone who’s not a U.S. citizen is accused of a crime, that person’s immigration status is in jeopardy. A noncitizen can be removed from the United States by deportation or denied entry by inadmissibility....more

11/11/2013 - Convictions Guilty Pleas ICE Immigrants USCIS

What To Look For In A Criminal Defense Attorney

If you’ve been charged with a crime, your freedom and your future are at stake. You shouldn’t be guided by jail-house rumor, flashy television ads or the Yellow Pages in selecting a lawyer to defend you....more

11/5/2013 - Criminal Defense Criminal Prosecution

Defending Drug Possession Allegations In Florida

Drug use and possession crosses all social and economic lines. Earlier this year an elementary school teacher was arrested and charged with possession of several kinds of drugs....more

11/4/2013 - Criminal Prosecution Drug Possession

First-Time DUI Consequences

You’re at a wedding, have a few drinks at the reception, and get into your car to drive home. You’re driving when suddenly you hear a siren and see a flashing red light in your rearview mirror....more

10/29/2013 - DUI

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