Quick answers to the most common legal questions we hear from clients.
If you're arrested, remain calm and remember your rights. You have the right to remain silent and the right to an attorney. Do not resist arrest or argue with police. Politely request to speak with a lawyer before answering any questions. Contact Whittaker Law immediately for urgent legal assistance — we can guide you through the process and work to secure your release on bail.
Under Jamaican law, the police can generally hold you for up to 48 hours before either charging you or releasing you. For certain serious offenses, this period may be extended with judicial authorization. If you or a loved one has been detained, contact an attorney promptly to ensure your rights are protected.
Bail is available for most offenses in Jamaica, but not all. For certain serious crimes — such as murder, treason, and some gun offenses — bail is either prohibited or very difficult to obtain. For most other offenses, the court will consider factors like flight risk, community ties, the seriousness of the charge, and whether you might interfere with witnesses.
Expungement is the legal process of sealing or removing a criminal conviction from your record. Under Jamaica's Criminal Records (Rehabilitation of Offenders) Act, you may be eligible if you have not reoffended within a specified period (which varies based on the original sentence). Expungement can restore opportunities in employment, travel, and education. Contact us for a confidential assessment of your eligibility.
The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce (where both parties agree) typically takes 6-12 months from filing to the Decree Absolute. Contested divorces — where there are disputes over property, custody, or other matters — can take significantly longer, sometimes 1-2 years or more.
To begin the divorce process, you'll typically need: your Marriage Certificate (original or certified copy), valid identification and proof of address for both parties, children's birth certificates if applicable, and any existing court orders or agreements related to custody or property. We'll guide you through gathering all necessary documentation.
The court's primary consideration is always the best interests of the child. Factors include: each parent's ability to provide care and stability, the child's educational, emotional, and financial needs, the child's existing relationships and routines, each parent's income and resources, and any history of neglect or abuse. Courts may award sole custody, joint custody, or various visitation arrangements.
Yes, child support orders can be modified when there's a significant change in circumstances — such as a substantial change in either parent's income, the child's needs increasing, or changes in custody arrangements. You'll need to apply to the court for a variation of the existing order. We can help you assess whether modification is appropriate in your situation.
Transfer tax is a government tax paid when property ownership changes hands in Jamaica. It is currently 2% of the property's market value and is typically paid by the purchaser. Stamp duty is a separate fee, usually shared equally between buyer and seller. We'll provide a detailed breakdown of all costs before you proceed with any transaction.
A title search confirms that the seller actually owns the property and has the legal right to sell it. It also reveals any encumbrances — such as mortgages, liens, caveats, or restrictive covenants — that could affect your ownership. This is a critical step to protect your investment and avoid costly legal disputes after purchase.
A straightforward property transaction in Jamaica typically takes 6-12 weeks from signed agreement to completion. However, this can vary based on title complications, mortgage approvals, or delays with government agencies. We coordinate with all parties — surveyors, valuers, lenders, and the National Land Agency — to ensure the smoothest possible closing.
Freehold means you own the property and the land it sits on outright, with no time limit. Leasehold means you own the property for a set period (e.g., 99 years) but not the land itself — you effectively rent the land from the freeholder. Leasehold properties require careful review of lease terms and may have restrictions on modifications or subletting.
We offer initial consultations at competitive rates, and fees vary based on the complexity of your matter. Contact us to discuss your specific situation — we'll provide transparent pricing before any work begins. We believe in clear, upfront communication about costs.
Yes, we understand that legal fees can be a concern. For certain matters, we offer flexible payment arrangements. We'll discuss options during your consultation to find a solution that works for your budget while ensuring you receive the representation you deserve.
While our office is based in Kingston, we represent clients throughout Jamaica. We regularly appear in courts across the island, from Resident Magistrate's Courts in parishes to the Supreme Court and Court of Appeal. We can arrange consultations in person, by phone, or via video call.
Getting started is simple. Call us or fill out our contact form to schedule a consultation. During this meeting, we'll listen to your situation, explain your legal options, and outline a clear path forward. You'll leave with a better understanding of your rights and the confidence that you have an experienced advocate on your side.
Every legal situation is unique. Contact us directly for personalized guidance on your specific question.