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Stephen Andrew Mosca's Answers
Contributor Level 16
- 1,751 Legal Answers
- 2 Legal Guides
3
Attorney answers:
In Florida, can you be charged for a DUI after the fact if no Breath, blood or urine test were taken and the officer let you go?
You are extremely lucky that he let you go. You admitted to consumption, you had the odor, you performed the field sobriety tests. An officer can charge DUI based upon his reasonable suspicion that you were impaired while operating, or in "physical control," of a vehicle, therefore the officer must have been pretty satisfied with the field test results and your overall demeanor. While it is possible to be charged for as long as the statute of limitations allows, it is very unlikely to be...
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2
Attorney answers:
Can you be arrested for scratching through a Do Not Fill Until Date on A Prescription?
From what you've written it sounds like you escaped any problems this time. But, for you future reference, please know that it is possible to be arrested for lots of things, including altering or otherwise presenting a fraudulent prescription. Be aware also that police arrest people for things that sometimes cannot be prosecuted, but that doesn't mean you weren't arrested and had to go through the hassle of being booked, bonding out, getting an attorney, and perhaps going to court several...
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5
Attorney answers:
If bail has been set, and no one has talk to you. Previous felony charge, in jail 31 days. What's next?
Ms. Wright is absolutely correct. However, from your question I detect that the issue is that you are unaware of what is going on because no one has come to speak to you about your case. If that is so, then I must presume you are represented by the public defender or else you may need to consider changing lawyers. The public defender should have in place a system to count your time in jail without charges being filed. While Ms. wright correctly points out there are numerous intermediate...
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3
Attorney answers:
1stoffense DUI. registering w/ probation officer tomorrow. i'm def gonna fail my first drug test (pot).. will i get a VOP?
Your first drug test while on probation establishes a base-line. It gives them a chance to provide you with all the notices that can be used to screw you over later if you come up positive again, and gives you a chance to see how the procedure goes and takes away any excuse for missing a test in the future. Failing the base-line test should not be a violation. Marijuana stays in the system for 20-40 days depending on your body type and activity level. If you test dirty after 30 or more...
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Attorney answers:
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How can my husband prove his innocence in a wrongful accusation of armed carjacking?
Your husband doesn't have to prove anything - it is the government that has to prove your husband did something wrong. To do that, they need evidence. Witness testimony is evidence and if you are witness, make your presence known to your husband's attorney. The sooner the prosecutor is shown that he has a poor case, the sooner, and the better, will be the outcome. Find out who your husband's attorney is, get in touch and leave contact information. Good luck.
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4
Attorney answers:
Can I file a petition for Expungment for my arrest in pasco county court through the mail or can a lawyer file for me?
You can file forms or motions with the clerk of the court by mail. The problem then is what happens if the State objects to the petition and you need to set a hearing and argue the petition? From your question I presume you have already obtained a certificate of eligibility from the FDLE. If so, the clerk of the court probably has the generic versions of the forms you need to fill out to create and file the petition. But again, should the petition be objected to you will find you need an...
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3
Attorney answers:
Writ of Habeas Corpus
The case will be reviewed for new bond information, but the fact that the misdemeanor bond was violated and revoked will not be favorable information in that consideration. I would be more interested in the timeline of these events. There may be speedy trial issues to examine here. Please feel free to contact my office for a free consult. Good luck.
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3
Attorney answers:
Can I be violated at the end of my probation if I have not paid my fees?1
You may very likely be violated, but a valid violation has to be shown to be both willful and substantial. If yo are suffering from an injury and cannot work, then the shortfall in fees is not willful. Of course, documentation makes everything a lot easier for everyone, so if you have medical records, or have tried finding work and can show completed and submitted applications, you should be prepared to have those available. Also, be prepared to have your probation extended so that you can...
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4
Attorney answers:
Can I get my coviction of Sceming to derfraud espunged or sealed in the State of Florida?
It may be possible to have the record sealed, but there is more to examine before anyone could answer your question. You should either check out the FDLE's page on getting your record sealed (see the link below) for yourself or speak to an attorney about having it done for you. Good luck.
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3
Attorney answers:
In Florida, do you have to produce a receipt when walking out of a store?
The fourth amendment does not come into play in your question until the police get involved, unless maybe you were shopping in a government store of some sort, a PX or duty free shop, for instance. But setting those exceptions aside, store owners or managers, "shopkeepers" is the legal term of art, get some leeway in asking people to stop if they have a reasonable belief that a theft may have occurred. The detention period has to be reasonable, as you noted. If they detain you with no...
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