Skip to main content
Stephen Andrew Mosca
Avvo
Pro

Stephen Mosca’s Answers

2,658 total


  • Petty Theft Charge at Walmart

    My 25 yr old daughter was detained @ Walmart for petty theft on 2/16/15. She was 9 months pregnant & stepped outside the senors (still in store lobby) to get a redbox movie & was detained by security. She was taken to a room & Walmart Mgr & police...

    Stephen’s Answer

    • Selected as best answer

    If she were to turn herself in, she would wait in jail for the next available court date for her judge, which could take up to three weeks. What would be better is if she had an attorney who could arrange a court date, have the warrant withdrawn, and help settle the case without her having to spend any time in the jail. If a court date is not granted, then an attorney can help arrange a turn in date and time to minimize her waiting time. If the warrant carries a bond, then the bond could be paid in advance of her turning herself in and that would also minimize jail time.
    Crimes of dishonesty carry a social penalty - getting out from under this charge in the least harmful way is what a lawyer can assist in accomplishing on her behalf. Good luck.

    See question 
  • Does my friend have to go back to Florida to take care of his warrant?

    I have a friend who has a suspended driver's license in Florida, but recently moved to Massachusetts. He wants to get his driver's license and thinks he needs to go back to Florida to turn himself in. This is the what happened: He was given a seat...

    Stephen’s Answer

    This sounds like it may well be able to be resolved without your friend returning to Florida. If he hires an attorney, that attorney should be able to resolve the case. Alternatively, he can come back, pay the bond, turn himself in, get and wait for a court date, and see a judge.
    I advise you contact a few local lawyers to discuss the case in more detail and obtain a more definitive response. Good luck.

    See question 
  • What can happen if I recant my statement?

    This is a duplicate post, but I forgot to add something. What would happen to me and my co-defendant if I was to recant? They have no true evidence, just he say/she say and my last statement. My co-defendant is looking at 80 minimum mandatory righ...

    Stephen’s Answer

    This newly worded question is not great. If you were a client, I would likely advise you post no further facts or statements on the internet. The only way to preserve confidentiality and get specific advice is to meet with a competent defense attorney face-to-face. If you "got a deal," do not jeopardize it here. Wait until you have all the facts and legal information you need to make an informed decision about how to proceed. Good luck.

    See question 
  • What can happen if I recant my statement?

    I made a statement against my co-defendant, because the state offered me a deal. I now want to recant what I said. What could happen with me and my co-defendant if I do so?

    Stephen’s Answer

    It really depends on the circumstances under which the statements were made and the state of completion of the deal itself. It also depends on the nature of your recantation: if you want to withdraw accurate statement, that's one thing in each procedural scenario, and if you say you want to recant statements made that were untrue, then that could possibly be prosecuted separately or as additional charges on an amended information depending on what scenario is in play procedurally.
    Best bet: consult with some lawyers, let them hear the whole story, and advise. Either way, you need a champion (advocate) on your side going forward. Good luck.

    See question 
  • I have a one felony on my record can i get it erased or removed its for damage to govt property.

    out if 5 yrs probation i have 10 months left and i am having trouble getting a job i don't want this one thing to ruin the rest of my life.

    Stephen’s Answer

    The first step in any attempt to improve your record includes finishing this sentence first. That means all fees and fines paid as well. Then you can investigate possibly sealing the record.
    Keep track of attempts to get a job as being late on fees must be willful and substantial to support a violation. Records of your attempts, income, and expenses will assist in defending any violation that results from not being employed. Good luck.

    See question 
  • I was arrested 8 years ago for solicitation and had adjudication withheld given to me by the judge.

    I have 2 questions. I believe I am only eligible only to have my record sealed and can I force websites to removed this information once my records are sealed

    Stephen’s Answer

    From the facts provided I would agree that you are eligible to apply to have your record sealed. As to provate websites, there are too many to definitively respond, but in theory you could then request and ultimately force websites from displaying the information, though the effort involved may be an issue. Call for more information on that aspect of the question - consults are free.
    Good luck.

    See question 
  • I have a warrant. in Florida but I never intend to go back. Is it possible to resolve a case like this from out of state

    It is a misdemeanor. I just do not want to go back to FLorida again.

    Stephen’s Answer

    It may indeed be possible to settle this case, remove the warrant, and be done without you ever having to set foot here again. However, more info is needed. And, a lawyer will be required to get this done if it's possible to get it done.
    Please speak directly to Florida criminal defense firms so you can relay accurate info and get accurate answers.
    Good luck.

    See question 
  • Can an "adjudication of guilt withheld" (Florida) show up on a background check as a conviction?

    I received a misdemeanor M2 of MIP (minor in possession) of alcohol on 10/28/2006 in Florida. I received a citation fine of $65 and was fingerprinted on the spot-no arrest, no court date, or anything of that nature. I paid the $65 fine on 11/03/20...

    Stephen’s Answer

    IF DOE is Department of Energy, they would have access to your entire record anyway. Sealing will not work because, as you state, they can see sealed records and you must report them anyway (I hope that you did).
    In Florida, a conviction follows a judge adjudicating you after a plea or a trial. Withholding means that even though you plead or were found guilty, the court declined to convict you for its own reasons (outlined in the Florida statutes).
    Therefore, a background check should rightly contain the charge and result, even a withhold. It falls to you to be candid about the incident in any application, then explain as necessary if it comes up again. If you were not candid, you may never know why they refused you; lack of candor, or the record itself.
    For some employers, a letter from the clerk of court is needed to verify there is no conviction, others simply do not respond if they think you have one, and others may question you directly about it and be done.
    If they only go back a certain number of years, and you're not within that period, then you may be safe either way. But my guess is that they (DOE) know what a withhold means in Florida, and that Virginia law will only affect a local attorney's interpretation, not something I would think a major federal agency would rely upon alone. Good luck.

    See question 
  • This is my 3rd violation under the Y.O Act and I'm down to my last month on probation. can the court give me more time ?

    I was sentence as a Youthful Offender back in 2009. I did 4yrs in prison and 2yrs on prbation. This is my 3rd violation, they all have been tect violations. this 3rd violation is for not suceessfully completing treatment and I owe probation fees e...

    Stephen’s Answer

    Your best bet is to have a defender on your side who can argue why you deserve another chance. Consult with some attorneys. Good luck.

    See question 
  • I was set up by the Federal Govt. and sent to prison for 5 years. They threatened my i.e coerced a guilty plea from me.

    I lost several million dollars due to this. Now I have no money to fight the feds. I need to find someone who wants to make a name for themselves in taking on the Federal Government.

    Stephen’s Answer

    I'll never say you do not have a case without hearing all the facts, but in general, the other posters are right: suing for coercion after the fact is very difficult indeed. A lawyer who assists you would not be working to simply make a name for him or herself, but also to possibly share in any damages awards. Seek a civil rights attorney or someone who will listen and possibly at least refer you to someone competent. Without offering at least a contingency fee arrangement, for even a strong case it will be hard to find free representation. Good luck.

    See question