Frequently Asked Questions

Chapter 7 discharges most unsecured debts in a few months, while Chapter 13 restructures debt into a 3–5 year repayment plan. Chapter 7 is faster but requires qualifying income levels, whereas Chapter 13 allows you to keep assets and catch up on secured debts like mortgages.

Filing bankruptcy triggers an automatic stay that immediately halts most wage garnishments and collection actions. At Joshua Bethea Law, we can file quickly to protect your paycheck while addressing the underlying debts through Chapter 7 or Chapter 13.

Yes, DUI charges can be dismissed if the traffic stop was unlawful, field sobriety tests were improperly conducted, or breathalyzer results are unreliable. We review every aspect of the arrest to identify weaknesses in the prosecution's case and pursue dismissal or reduced charges when possible.

Officers must have reasonable suspicion to stop your vehicle and probable cause to arrest you for DUI. They'll typically administer field sobriety tests and request a breath or blood test. At Joshua Bethea Law, we challenge stops that lack legal justification and question testing procedures.

An attorney protects your rights during questioning, challenges evidence, and helps you navigate injunctions and no-contact orders. We build a defense based on the facts of your case while managing sensitive family and employment concerns throughout the process.

Common defenses include illegal search and seizure, lack of knowledge or intent, and improper evidence handling. We analyze whether officers had probable cause and whether your Fourth Amendment rights were violated to weaken or dismiss the charges.

Yes, first-time offenders may qualify for pretrial diversion or reduced charges that avoid a permanent record. At Joshua Bethea Law, we pursue alternatives like restitution agreements and probation to help clients move forward without lasting consequences.

You should hire a lawyer immediately after arrest or when first questioned by law enforcement. Early representation allows your attorney to protect your rights, preserve evidence, and begin building a defense strategy before charges are formally filed.

Costs depend on whether you file Chapter 7 or Chapter 13, the complexity of your debts, and whether you qualify for payment plans. At Joshua Bethea Law, Chapter 7 starts at $1,000 and Chapter 13 at $3,500 with plans as low as $500 down.

Civil litigation begins with reviewing the contract and gathering evidence, followed by negotiation or filing a lawsuit. We focus on cost-conscious strategies and realistic assessments to resolve disputes efficiently, whether through settlement or trial.

Many people fail to request a DMV hearing within 10 days, resulting in automatic license suspension. At Joshua Bethea Law, we act quickly to protect your driving privileges and challenge the administrative and criminal aspects of your DUI case.

Yes, filing bankruptcy immediately stops foreclosure through the automatic stay. Chapter 13 allows you to catch up on missed mortgage payments over time, while Chapter 7 can delay the process and discharge other debts to free up funds.

After a DUI arrest in Florida, you have only 10 days to request a formal review hearing with the DHSMV to challenge your automatic driver's license suspension. Missing this window typically means losing your license for 6 to 12 months. An attorney can file the request and fight for a hardship license while your case is pending.

Yes, Pinellas County offers a DUI diversion program for eligible first-time offenders. Successful completion may allow charges to be reduced or dismissed, avoiding a permanent DUI conviction on your record. An experienced local defense attorney can evaluate whether you qualify and guide you through the process.

Stand Your Ground immunity in Florida allows a person who reasonably believes they faced imminent death or great bodily harm to use force in self-defense without any duty to retreat, even in a public place. If immunity applies, charges can be dismissed before trial. A criminal defense attorney can evaluate whether the facts of your case qualify for this protection.

Yes, self-defense is a recognized legal defense against assault or battery charges in Clearwater and throughout Florida. To succeed, the defense must show your use of force was reasonable given the threat you faced. Florida's Stand Your Ground law strengthens this defense by removing the duty to retreat when you are in a lawful location.

At a Stand Your Ground pretrial immunity hearing, the defense presents evidence to a judge arguing that the use of force was legally justified, and if the judge agrees, the case is dismissed before it ever reaches a jury. The burden is on the defendant to show immunity by a preponderance of the evidence. A successful hearing can end a criminal case entirely, avoiding trial.

Your driver's license is automatically suspended following a DUI arrest in Florida. You have only 10 days from the date of arrest to request a formal review hearing with the DHSMV — missing that window means the suspension takes effect without any challenge. Acting immediately gives you the best chance to preserve driving privileges while your case is pending.

Refusing a breathalyzer test in Florida carries its own serious consequences — a first refusal triggers an automatic one-year license suspension, and a second refusal is a first-degree misdemeanor. Submitting to the test creates a chemical evidence record the prosecution can use. Neither choice is without risk, which is why understanding your options before a stop matters as much as what you do during one.

Joshua Bethea examines whether the breathalyzer was properly calibrated and maintained, whether the administering officer followed required protocols, and whether the officer conducting field sobriety tests was certified and trained to the applicable standard. Procedural errors or lapses in law enforcement training can undermine the reliability of test results and form the basis for a strong defense.