A. Russell Smith's Answers

ASAP Criminal defense attorney

To follow up on Ms. Ramirez' answer, a criminal defense attorney can often accomplish quite a bit for a client during the investigation, and before the client is charged with a crime. The lawyer can prevent agencies from obtaining incriminating statements from the client by invoking the client's rights. In many cases, particularly where there is little or no physical evidence, police will not proceed with charges unless they obtain a confession or incriminating statement. The lawyer can...

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Being charged with 2nd degree felony/ accessory after the fact/ of 1st degree armed robbery. i have no priors, likely sentence?

In order for the state to convict you as an accessory after the fact, they must be able to prove, beyond a reasonable doubt, that you KNOWINGLY facilitated the offense or the attempt to conceal it or get away. You should sit down with your lawyer and extensively discuss the strength og the state's evidence. If you can identify areas where the state's proof is weak, a good lawyer can try to negotiate a plea to a lesser charge, such as accessory to grand theft.

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Legal stop? Officer testifies he increased speed to bait car into speeding.

This is a technique that two DUI officers at Jacksonville Beach, in particular, like to employ late on weekend nights. One of them drives a "beater" down 3rd street, toward the other. The first officer races up behind other cars, flashes his lights and swerves within his lane. Other drivers speed up to get away from the apparent danger, and get pulled over by the second officer. The problem with these cases is,#1 it is your word against the officers' about why you sped up, and #2, if you...

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Can I get a dui vacated?

First of all, if you are asking whether you can have a DUI conviction "sealed or expunged" so that it doesn't count for license purposes, the straight answer is no, because it is prohibited by law. However, people who have been wrongfully convicted may have their prior convictions "vacated or set aside" under certain limited circumstances. You may move to set aside a prior conviction because the court violated your constitutional rights when you pled guilty. For instance, the court may not...

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I recieved a Divorce petition but my husband didnt declare the property, Do i need to respond this?

In general terms, Florida is considered an "equitable distribution" state. This means that property accumulated during the marriage, including retirement assets, is considered marital and each of you should receive a share from the Court. This will generally be true, even if the property is not in both parties' names. You should consult with a competent matrimonial lawyer as soon as you can. You must file and Answer to the Petition within 20 days of being served, or you run the risk of a...

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Dui expungement

Whether you can have your prior Oregon conviction expunged is a question of Oregon law and can best be answered by a lawyer licensed to practice in that state. However, if your main concern is avoiding the enhanced penalties in Florida for a second conviction, an experienced Florida DUI defense attoryney may be able to help. Under Florida law, you are only subject to the enhanced penalties for a second conviction if the laws of the state where you received your first conviction, Oregon in...

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Dui expungement

Whether you can have your prior Oregon conviction expunged is a question of Oregon law and can best be answered by a lawyer licensed to practice in that state. However, if your main concern is avoiding the enhanced penalties in Florida for a second conviction, an experienced Florida DUI defense attoryney may be able to help. Under Florida law, you are only subject to the enhanced penalties for a second conviction if the laws of the state where you received your first conviction, Oregon in...

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What does this mean?

Probate law is different in every state, but here is a textbook answer from law school: The generally accepted meaning of a "life estate" is that the person named (in this case the Wife) receives exclusive use and possession of the property during her lifetime. The remaindermen (in this case the daughters) become the owners of the property, but cannot exercise use, possession or control until the life estate expires. Each state has different requirements for the person enjoying the life...

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Why would an attorney leave blanks in her certificate of service, sign that and have it scanned into file that way?

If the attorney had the document served by a process server, he/she could not include the date in the certificate of service, because it would have been filed before service was complete. However, once the process server completes service, he/she will file a document, called a service return, with the Court, showing the date and time of actual delivery. That will complete the record, making it clear that the document was furnished, to whom, and when. If this is what occurred, the attorney...

Can Florida make me get an igintion interlock If I have a waiver from Georgia?

In addition to Mr. Hornsby's answer, you should keep in mind that Florida DMV can require an interlock under some circumstances, even if the statute does not mandate that an interlock must be installed.