Have you called any attorneys? You should be able to find a reputable attorney who will handle such a simple matter for a reasonable fee. I agree that you should have an attorney watching your son's interests. There are other critical factors that an atttorney will examine.
Yes, you can still be convicted if the state is able to prove all elements of the charge. Taking the license is not an element of the charge. You need to address the issue that is causing the suspension.
As you are aware, when a noncitizen is charged with a criminal offense, it can have far-reaching consequences for them and their families. Minor offenses, even those involving no jail time, can subject a noncitizen to deportation, regardless of whether they are lawfully present in the United States. In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court formalized a rule, already a standard practice, that attorneys must notify their clients of the immigration consequences of a...
Like so many issues in life, this issue requires a cost benefit analysis. It sounds like you can beat this charge. However, you should consider whether the cost of attorney is greater than the cost of a fine. Also, you will need to consider collateral consequences such as increased insurance expenses.
Additionally, beware of being placed on probation. I have seen persons placed on probation to pay a fine for a speeding ticket. The expense of probation turned the state into something akin to a...
You need to consult an attorney licensed in Florida and preferably one who practices in Marion County. I'd endorse Harold "Hal" Uhrig at 407.8311956. I had a case that Hal handled in Ocala that I took over when the client moved to GA. Hal did a great job.
Mr. Wallack is spot on. If obtaining citizenship and possibly not being deported is a priority for you (and i suspect it is) you should run, not walk to an immigration attorney. There may still be time to undue any damage that may have been done.
Mr. Tevis provided an excellent list of your options. Speak with a personal injury attorney in your area and inquire into whether you can obtain representation on a contingency basis. The consultation will be at no cost to you (other than time and travel). The attorney will likely try to determine whether there is a way to colect a judgment from the person who assaulted you.
He certainly cannot sue for not having rights read. When rights are not read to a person who is in custody, it may prevent the state from using a statement made by the accused against him, but it creates no right to sue. I suggest that you contact a civil rights attorney to arrange a free phone or office conference to determine whether there is a case. I do not handle such cases but you can find attorneys who do on Avvo, lawyers.com, the local bar association and elsewhere. Good luck!
I have represented parties on both sides in similar cases. You do not want to be the person who, with little or no knowledge of the law, is going up against an attorney. I advise you to hire an attorney. I give you that advice without tryint to solicit your business. I am tied up the next two day getting ready for an oral argument (Moot Court on Thursday) in front of the GA Supreme Court on Monday.