Donald James Kilfin’s Answers

Donald James Kilfin

Saint Petersburg Criminal Defense Attorney.

Contributor Level 5
  1. Can a defender ask for a change ,after making a plead deal and if so what's the process?

    Answered about 2 months ago.

    1. Donald James Kilfin
    2. Harvey Hesse III
    3. Michael Maltby
    4. William David Umansky
    4 lawyer answers

    If this person has already entered a plea to the charge, then it is very likely that the court will proceed to sentencing after the warrant is executed (withdrawing the plea is not a likely option). In many instances, where a person remains on bond (or ROR status) between the plea and sentencing hearing, the State will usually put on the record that the plea agreement is based on the defendant appearing for sentencing with no new law violations. This means that whatever agreement was reached...

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  2. I was sentenced to drug court for a year and I stop going do to my drug and alcohol problems I finally hit bottom and in aa

    Answered about 2 months ago.

    1. Donald James Kilfin
    2. Robert Jason De Groot
    3. Gregory L. Olney II
    4. Christopher A Narducci
    5. Michael Adam Haber
    6. ···
    6 lawyer answers

    You should hire a criminal defense attorney in your area, and particularly one that is familiar with the policies and procedures in your circuit's drug court. The first order of business would be to have the capias (or bench warrant) withdrawn. It is possible that you may have been charged with a subsequent felony for failing to appear for your next scheduled court date (if the underlying charge was also a felony, and I am assuming it was). Transferring your supervision out of state is not...

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  3. Mandatory sentence question

    Answered over 1 year ago.

    1. Eric J Trabin
    2. Donald James Kilfin
    3. Joseph Julius Registrato
    3 lawyer answers

    Armed Burglary is a fist degree felony that is punishable by life. If a person commits a "qualifying offense" within three years of being released from prison the State has the option of filing a Notice of Enhanced Penalty or Notice that the Defendant Qualifies as PRR. Armed Residential Burgalry is a qualifying offense. Once this designation is made, the Court has no discretion to impose a sentence that is less that the statutory maximum, which is life. If the State is offering a 15 year...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If charges are filed after the statue of limitations can and will the case be dismissed?

    Answered about 2 months ago.

    1. Eric J Trabin
    2. Gregory L. Olney II
    3. Mark H Randall
    4. Donald James Kilfin
    5. Katerina Kurbatova
    5 lawyer answers

    If a charge was filed beyond the applicable statute of limitations, and there is no tolling or other provision that would extend the limitation period otherwise applicable, then it was likely an oversight. Usually, the prosecutor will be aware if the S.O.L. has run, but not always. If the charge was filed beyond the period of limitation, they will usually nolle prosse the charge once it is brought to their attention (this has been my experience under these circumstances). If the charge...

    1 lawyer agreed with this answer

  5. I have a dui in fl can I go to court and try and beat the blow machine because I am having a big problems getting to to work

    Answered over 1 year ago.

    1. Nick Jay Dorsten
    2. William David Umansky
    3. Donald James Kilfin
    3 lawyer answers

    The breath test machines are subject to both monthly and annual calibration requirements. Sometimes there are issues with the breath test machine that could give your attorney a basis to attack the reliability of the results. A DUI lawyer could obtain copies of the maintenance records and make this determination on your behalf. Good luck with your case.

    1 lawyer agreed with this answer

  6. My daughter is 17 years old, she has been charged with Conspiracy to commit armed robbery.

    Answered about 2 months ago.

    1. Gregory L. Olney II
    2. Julian Vladimir Stroleny
    3. Robert P Garven
    4. Don A Dennis
    5. Donald James Kilfin
    5 lawyer answers

    Without knowing more about the underlying circumstances, including the extent of your daughter's involvement and the weight of the evidence against her, it is difficult to gauge the odds of a prison sentence. Armed Robbery is an extremely serious charge, particularly where someone is killed during the commission of the crime. In Florida, a person may qualify to be sentenced as a "youthful offender" if (1) the offense is not a capital or life felony; (2) the person is less than 21 years of...

  7. My son was arrested on august 31, 2011 he just got sentenced a couple months ago. They gave him 15yrs 10mandatory 5 probation

    Answered about 2 months ago.

    1. Nick Jay Dorsten
    2. Robert Jason De Groot
    3. Markus Ankuan Sermons
    4. Donald James Kilfin
    5. Jay Scott Finnecy
    5 lawyer answers

    A person cannot be sentenced unless he or she enters a plea of guilty or no contest, or is found guilty after trial (jury or non-jury). Once a plea is entered, or there has been a finding of guilt, the State cannot amend the charge. Aggravated battery is a second degree felony, which means it is punishable by up to fifteen years in state prison. If your son possessed a firearm during the commission of the offense, then Florida's 10-20-Life provisions would be invoked. I suspect that this...

  8. I have a battery (62 woman) filed by tow truck driver.

    Answered about 2 months ago.

    1. Stephen George Henderson
    2. Gregory L. Olney II
    3. Nick Jay Dorsten
    4. Donald James Kilfin
    4 lawyer answers

    The outcome will depend on a number of factors. The first is whether you have a prior battery charge that was resolved by a plea (guilty or no contest), regardless of whether adjudication of guilt was withheld, or whether there was a finding of guilt by the court after a trial (bench or jury). Battery is an enhanceable offense - a prior could elevate this from a first degree misdemeanor to a third degree felony. If the charge has not yet been formally filed, the state may elect not to...

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