Stephen Andrew Mosca’s Answers

Stephen Andrew Mosca

Jacksonville Criminal Defense Attorney.

Contributor Level 17
  1. Expunging DUI record from your background

    Answered about 1 year ago.

    1. Michael Charles McGinn
    2. Stephen Andrew Mosca
    3. Nick Jay Dorsten
    4. Sergio Cruz
    5. Tiffany Vanessa Colbert
    6. ···
    8 lawyer answers

    I'm sure this has been answered already, but DUIs are misdemeanors and if you plead no contest, guilty or were found guilty after a trial, then you were certainly adjudicated guilty. These can be found by a background check, and can never be expunged or sealed. You should answer honestly if convicted. The amount of time that has passed and the fact that you paid bond/bail, or that your license is currently valid, has no bearing on the answers above.

    Selected as best answer

  2. I got a subpoena for a federal grand jury on Monday. Today, I get a call that the grand jury date is being moved. Common?

    Answered 8 months ago.

    1. Stephen Andrew Mosca
    2. Joshua Sachs
    3. Larry Thomas McMillan
    4. Stephen F Wallace
    5. Thomas G. Briody
    6. ···
    7 lawyer answers

    Yes, it is common. If you are to testify, please consult with an attorney prior to ensure that you will not expose yourself to any criminal admissions without first having obtained immunity in exchange for that testimony.

    16 lawyers agreed with this answer

  3. How do i get a Shoplifting charge dismissed

    Answered over 1 year ago.

    1. William David Umansky
    2. David S Katz
    3. Colleen M. Glenn
    4. Stephen Andrew Mosca
    5. Erik Joseph Lombillo
    6. ···
    7 lawyer answers

    All the other answers are fine, I write to add that the new policy in Duval is for PTI offers to be made in court, making you wait until the decision has already been made. Therefore, it will be extremely helpful to have a private attorney who can make your case long before someone else makes a decision that affects you. I don't know your history, but your case sounds particularly suited to PTI provided you have no prior criminal history. I understand that money is tight - but call for...

    Selected as best answer

  4. Do criminal defense attorneys look bad when they represent clients that are clearly guilty?

    Answered about 2 years ago.

    1. David Richard Damore
    2. Anthony Rubino
    3. John Skyler Riordan
    4. Harrison Wesley Poole
    5. Stephen Andrew Mosca
    6. ···
    9 lawyer answers

    I agree with all the other answers and add - the prosecution is supposed to seek justice, not merely prosecute, but that is the ideal and human frailty usually means that the easiest thing for a prosecutor to do is simply go full bore against anyone whom they have decided should be charged. The system, in other words, is adversarial - a defense is needed to counterbalance the prosecution, which, as I say, is often over-zealous. What people fail to realize is that without this system, we do...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Unlawful arrest and confinement

    Answered about 1 year ago.

    1. Stephen Andrew Mosca
    2. Eric J Trabin
    3. Majid Vasigh
    4. John J. Carney
    4 lawyer answers

    From your question it sounds as though you were cited for only the impersonating an officer statute. If so, a more thorough review of the case law may be required, and certainly asserting your defense would be required in order to resolve the case to your benefit. A lawyer can assist in research and negotiation with the prosecutors, including forcing a drop or not guilty if the law supports your position given the facts that are agreed to or found by the fact finder, be that a judge or jury....

    Selected as best answer

  6. 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?

    Answered about 2 years ago.

    1. Stephen Andrew Mosca
    2. Robert Jason De Groot
    3. Matthew Phillip Konecky
    3 lawyer answers

    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...

    Selected as best answer

  7. Can I expunge my record from OH state?

    Answered 9 months ago.

    1. Heather Morcroft
    2. Stephen Andrew Mosca
    3. Nick Jay Dorsten
    4. Robert Jason De Groot
    5 lawyer answers

    I believe you must go through the Ohio criminal justice system to both check the status of your request or to make a new request. Even though you now live in Florida, I'm presuming, Ohio is a sovereign state that controls its won records and legal decisions, so it must go through them. I would call an attorney in Ohio for assistance in checking on this or requesting a seal/expunge all over again. Good luck.

    9 lawyers agreed with this answer

  8. Is the pretrial diversion program available after dui conviction?

    Answered 6 months ago.

    1. Jonathan Burton Blecher
    2. Dean George Tsourakis
    3. Alberto Marino Quirantes Jr.
    4. Nick Jay Dorsten
    5. Stephen Andrew Mosca
    6. ···
    7 lawyer answers

    Unfortunately, no. Some other counties do have formal alternatives to conviction for first time DUI offenders, but not Duval, Clay or Nassau. However, under certain circumstances, it may be possible to have the case broken down to what is called a 'wet reckless,' where the charge is lowered to reckless driving, and the offender takes all the DUI related education classes. But this has to be accomplished before you plead guilty or no contest to DUI, not afterwards. This is one great reason...

    8 lawyers agreed with this answer

  9. If speedy trial is waived, how long before a federal criminal trial does a federal prosecutor have to turn over discovery?

    Answered 8 months ago.

    1. Thomas G. Briody
    2. Michael Adam Haber
    3. Stephen Andrew Mosca
    4. Daniel David Archer
    5. Robert Jason De Groot
    5 lawyer answers

    Federal courts make very limited use of "discovery," especially compared to what the rules require and allow for Florida state cases. This lack of federal discovery is the source of the term "trial by ambush" in federal cases. Discovery is handled right up front - the judge requests the parties participate in a pre-set rule regarding discovery, and the parties do their best with what they get. Now, there other ways to get some insight as to the government's case, and for this you need an...

    8 lawyers agreed with this answer

  10. Can a person be charged with possession of something at a house in which they did not reside nor were present during search?

    Answered over 1 year ago.

    1. Stephen Andrew Mosca
    2. Juliane Denton Morris
    3. Harrison Wesley Poole
    4. Roger Scott Jr.
    5. Dale Christopher Carson
    6. ···
    8 lawyer answers

    Your issues are complex and require immediate analysis by a competent defense attorney in the court you are being charged. Your mention of indictment indicates this may be a federal case. In either event, state or federal, you describe a classic fact specific suppression issue and someone with the legal and motion practice skills to research, draft, and argue such an issue can have ramifications for you going forward that cannot be over-stated. I suggest you obtain all the papers from...

    8 lawyers agreed with this answer