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Bryan L. Shorstein

Bryan Shorstein’s Answers

21 total

  • In Florida, can a 15 year old and an 18 year old be together if there is no sexual intercourse happening?

    I have been with my boyfriend for 3 months and I'm turning 18 soon and he turns 16 three months after me. We haven't done anything sexual, but I'm worried that I could get in trouble for just being with him. Our parents approve of our relationship...

    Bryan’s Answer

    If you haven't done anything sexual, you can not get in any trouble with the law just because you are dating.

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  • I am currently on probation for DUI in FL, I have done all that has been asked of me under the terms of my probation, but did

    not finish my court mandated group therapy sessions within the 10 month time frame given ( taking about a month longer then expected due to financial issues ) . I had a total of 33 sessions to attend , and only have 5 more to go until I am don...

    Bryan’s Answer

    It is highly unlikely that a Judge will impose jail time for this type of violation. If this is the only thing you have yet to complete and you haven't been in any other trouble, it is very very doubtful you will go to jail. Some judges may extend your probation but even that is unlikely given that you have attended 90% of those classes. Your probation officer might not have the ability himself to cancel the court date but he can probably recommend to the court that this date be canceled.

    It sounds like you are going to complete the required counseling before the court date. If you do complete all sessions, you will probably be given some type of certificate of completion that you can bring to court with you in the event you have to go. Proof of completion will usually result in the probation being successfully terminated. Keep in touch with your probation officer as it sounds like he is being honest with you about what you need to do.

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  • My son was arrested for shoplifting 2 cases of beer and package of ribs . what is the maximum penalty for that .

    no criminal background and no arrests.

    Bryan’s Answer

    I think what you are trying to ask is 'what is the worst case scenario for my son?'. it is highly unlikely that your son will be given the maximum penalty for this however there is a wide range of possible results. I agree with Mr. Trabin, the attorney who previously answered this question. By contacting an attorney familiar with the specific court your son is in, you will be properly informed of both the worst case scenario and the best case scenario for him.

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  • I ran from a police officer

    I'm 21 years old living in Florida today a cop tried to pull,me over but I sped up and got away , I have only one speeding ticket what charges would I get?

    Bryan’s Answer

    You have to be very careful about what you do from this point on. If you sped up and the Officer got your tag number, it is very possible that he will come looking for the person who was driving the car that eluded him. I would advise you to contact and attorney in the Orlando area and tell the attorney exactly what happened. The attorney who answered this question before me, Mr. Ladan, is correct. Law enforcement has a lot of discretion with these charges who you feel from them. They could do anything from not bring charges at all or they could charge you with a very serious felony, all depending on how the officer views the incident.

    At the least, you are going to spend the next few days/weeks wondering if someone is going to come knocking on your door. If you contact a local attorney, you will probably relieve a lot of stress so you don't have to completely fear the unknown.

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  • My name is on the citation but it was not me who committed offence . My son was the offender wrong recording by officer .

    I have received a court hearing for a citation that relates to my sons use of his car . My son produced his license his name is James and mine is Stephen . Same last name . Vehicle registered in both of our names . The officer it would appear ...

    Bryan’s Answer

    In all likelihood, if you explain to the person presiding over the hearing (the Judge or the magistrate) what happened, the Judge will likely dismiss the ticket against you. Since your son has already paid the fine and completed traffic school, you may want to bring him with you to the hearing in case the Judge has any questions about it. In the event you aren't able to simply explain the situation to the Judge and you are forced to have an actual hearing, you will have the opportunity to question the officer about his mistake.

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  • I owe a balance of $7900 on my probation. Will I have to go to prison?

    I am due to end probation in just over two months which leaves me with no time to get the $ 7900 paid off . I have been to every probation visit and had no type of issues for the last four years while on probation . My charge was felony Grand T...

    Bryan’s Answer

    If you have made it 4 years on probation with no trouble and all you owe is money, you probably will not go to prison. With that said, when you say you owe $7900, what was the total amount you did owe to begin with?? You are going to be in better shape if you did pay something vs. owing the entire balance. In the event you paid nothing or very little, you do need to be prepared to answer the question of why?? If you simply didn't have the ability to pay, you will probably not be sent to prison.

    With that said, every Judge is different and an attorney in your county will be much better qualified to answer this question than those of us who do not practice in your county.

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  • Had 2 he said she said dropped cases which I knew couldn't end up in trial and diddn't. Can I sue the accusers for costs?

    Both were similar since both people thought I wanted to buy their businesses from under them but I was asking for a good friend in CA. For this annimosity they made up lies and filed police reports behind my back at the station and the police jus...

    Bryan’s Answer

    When you ask the question "can I take them to small claims and recover?", the answer is yes you 'can' take them to small claims but I agree with Eric that it would be very difficult, if not nearly impossible to recover anything. It is unfortunate that you had to go through this kind of thing at all, much less twice, but to try and sue these people in small claims court would be very very difficult.

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  • I think my friends family may have hired a lawyer that has questionable practices

    I think my friends family may have hired a lawyer that has questionable practices but of course I can't just go by what I read from the internet. Where can I check up on a lawyer to see if there has been any documented complaints or if he has bee...

    Bryan’s Answer

    I am not sure by what you wrote whether or not this lawyer was hired for you or for your friend. I think it would also be wise to just ask the lawyer about what he/she read. Chances are that if it is on the internet for you to see , the lawyer is probably aware of it. This way everyone can get everything out in the open and it would probably create a better lawyer/client relationship.

    Also, if that information is so disturbing to the client, I am sure the client could get out of the relationship. Chances are that neither party would want a relationship where there was no trust or if one person was uncomfortable.

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  • Probation Violation - What might happen ?

    What might happen if I violate 1 condition of probation where I must participate and complete counseling ? I have been going every week going on 6 years - I was sentence as a youthful offender - my probation officer knows as well as my counselor t...

    Bryan’s Answer

    If you have been faithfully attending these classes every week and putting in your best effort, it is unlikely that you will be violated unless you have other things you would be doing which would constitute a violation. Usually, a violation like this would occur if the PO thought you were blowing off these classes or not taking them seriously. You might want to talk to your PO specifically about this issue.

    And of course, like my colleague said before me, speaking to an attorney might be the best way to alleviate your fears in this matter. An attorney could call the prosecutor on the case or call the PO and get a better idea as to what the possibilities are.

    Good Luck

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  • What does it mean when a probation officer says she is meeting with the judge and she will ask about terminating my probation?

    Terminating my probation early? Should I expect the judge to decide then and there during the meeting with the p.o.? Or does this mean she will set a hearing about it? I have served 75 percent of my probation.

    Bryan’s Answer

    Many Judges have policies by which you can get off your probation early if you have completed everything they ask . Some Judges will let you off after a half way point vs. others who may let you off once you have completed all your tasks. This sounds like a good problem to have if the PO is meeting with the Judge to terminate you.

    You might want to call the PO and just ask for an update on your situation and he/she should tell you what is going on.

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