Carey Duncan Carmichael Jr.’s Answers

Carey Duncan Carmichael Jr.

Live Oak Criminal Defense Attorney.

Contributor Level 10
  1. I have an interlock device installed. I went to start my car and blew a (1st) violation. I had not consumed any alcohol.

    Answered over 2 years ago.

    1. Carey Duncan Carmichael Jr.
    2. Richard Earl Hornsby
    3. Anthony Rubino
    3 lawyer answers

    You can explain to them what happened, but chances are you will be violated. Even if you left because you were under the assumption that it was a permanent lockout, leaving and not retesting looks like "consciousness of guilt." They should have explained the procedure for you before you ever used it.

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  2. SECOND OFFER 20 YRS ON NO PRIORS? Overcharged & New private defense not ready yet?

    Answered over 2 years ago.

    1. Zachary Michael Ward
    2. Carey Duncan Carmichael Jr.
    3. James Regan
    4. Mitchell Scott Sexner
    5 lawyer answers

    These questions are best left to your brother's attorney. Please keep in mind that even if the family pays the attorney bills, his obligation is to your brother and not to you. If he chooses not to talk about the case with you there is nothing you can do. With that being said, many things can determine a plea offer. Victim input is a big one. Even if you were to reach an agreement with the State Attorney, the victim has a right to be heard at sentencing. If they think an offer is too lenient...

    7 lawyers agreed with this answer

  3. If I was incarcerated for 460 without a bond and the max my charge carried is one year, what happens?

    Answered over 2 years ago.

    1. Carey Duncan Carmichael Jr.
    2. Anthony Rubino
    3. James Regan
    4. Benjamin Fernandez IV
    5. Bruce Griffith Howie
    5 lawyer answers

    No. Because it sounds like you were being held on numerous charges: the one you were found not guilty on as well as the resisting charge. If you were facing a charge and couldn't bond out, the court has a right to hold you until you go to trial and a verdict and/or sentence is rendered. Just because it took longer than a year, they did not break any laws and did not infringe upon your rights. There was always a chacne a jury could have found you guilty on the other charge and you could have...

    6 lawyers agreed with this answer

  4. Early termination of probation

    Answered over 2 years ago.

    1. Anthony Rubino
    2. Carey Duncan Carmichael Jr.
    3. Regina Laverne Wright
    4. Adam David Mait
    4 lawyer answers

    This is really up to the court. I can say in my experience the court will not do you a favor and terminate your probation early as a "reward" for picking up a new charge which will violate that probation in the first place. There is no set standard for early termination. But I can tell you that you will lose a lot of credibility with the court if you ask to be let off probation early when you were just arrested and should be violated on that probation in the first place. The entire purpose of...

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  5. What responsibility exists for an attorney that is appointed for a defendant charged only with a minor criminal offense,

    Answered over 2 years ago.

    1. Don Waggoner
    2. Carey Duncan Carmichael Jr.
    3. Christina Maria Soberon-Llort
    4. Richard Earl Hornsby
    5. James Regan
    5 lawyer answers

    As far as the duty the attorney owes to the client, the only real thing the attorney can do is make the condition and treatment known to jail personnel. The State isn't going to just release him based on a medical condition. Most jails are equipped with enough basic care that they could handle the situtation. The jail that I visited most often to speak with clients had a medical wing but they also has psychiatrists and clinical psychologists that made rounds almost daily. If medication was...

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  6. Acting in self defense while on sex offender probation

    Answered over 2 years ago.

    1. Regina Laverne Wright
    2. Perry L. Cameron Jr.
    3. Carey Duncan Carmichael Jr.
    3 lawyer answers

    Unfortunately, under most circumstances a threat of "future harm" removes the "putting in fear" element of assault and more or less destroys a defense of self defense. Self defense is something that is taken into account as an immediate defense or actions during a situation as it is happening. According to current caselaw, planning or preparation for future ahrm is not something that is covered by self defense. As far as the pepper spray, get rid of it. Most POs will violate you for it.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Son went to court for vop today ,he was denied a public defender . He is homeless and doesnt have a job .

    Answered over 2 years ago.

    1. Joseph E Soler
    2. Carey Duncan Carmichael Jr.
    2 lawyer answers

    I frequently ran into this problem. Not too long ago, the FL Supreme Court ruled that the indigency rules meant that the local Clerks of Court had to run property and asset checks on inviduals when they apply for a public defender. If an old car or asset shows up, then it can affect whether an attorney is appointed or not. The logic is that if you own that asset you can borrow money against it using it as collateral and hire an attorney with that money. The assets are supposed to prevent you...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Interlock Violation

    Answered over 2 years ago.

    1. Carey Duncan Carmichael Jr.
    2. Craig A. Epifanio
    3. James C Forslund
    3 lawyer answers

    It appears that this is the same question as: http://www.avvo.com/legal-answers/i-have-an-interlock-device-installed--i-went-to-st-654833.html?ref=answer_question_serp_title_7 Please review the answers there.

    4 lawyers agreed with this answer

  9. What can someone face for being charged with principal to armed burglary if they have no record?

    Answered over 2 years ago.

    1. Carey Duncan Carmichael Jr.
    2. James Regan
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Burglary while armed is a first degree felony punishable by up to life in prison. You do not have to have a weapon at the time you entered the premises, but you will still qualify as a burglary while armed because you became "armed" when the guns were picked up. FL. Statute 810.02(2)(b). If you are charged with any burglary (other than that of a conveyance or a structure), you will score a MINIMUM prison sentence. A simple burglary of a dwelling scores a minimum of 21 months in prison even if...

    4 lawyers agreed with this answer

  10. I plead nolo contendere to aggravated assult with a deadly weapon and aggravated stalking, adjudication of guilt was withheld.

    Answered over 2 years ago.

    1. Don Waggoner
    2. Robert Laney Hambrick
    3. Carey Duncan Carmichael Jr.
    4. Patrick T. Donovan
    4 lawyer answers

    It is always up to the agency that is hiring, but typically they will not hire for these types of offenses.

    4 lawyers agreed with this answer