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Stephen Andrew Mosca
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Stephen Mosca’s Answers

2,671 total


  • Is this a legitimate arrest for possession of controlled substance?

    Is this legitimate and or is it dependable? Police cine to home for civil issue of eviction. It's reported that it came to attention tenant has warrant for DWLS. The tenant/defendant has roommate who has prescription for controlled sub. & has left...

    Stephen’s Answer

    The arrest seems legitimate on the surface, but there are others facts that can bear on that assessment that are unknown. But probable cause, the burden for arrest, is quite a low burden to overcome. The officer would have to claim knowledge that those pills were illegal, and I'm sure he/she has,may some means.
    Is it dependable? Well, thats a judgment call because it depends how you defend the case.
    Even if you produce a valid prescription for the roommate, you'll need more documentation to make a case strongly enough for the prosecution to consider actuall innocence. And even then, sometimes, the final say is left to jury. But a good defense attorney should be able to gather all the facts and provide better advice after a consult. and start now, so testimony and evidence can be evaluated and obtained when it's fresh, and before the case proceeds very far in the legal process. Good luck.

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  • Arrested for flying drone, can you argue federal pre redemption?

    .

    Stephen’s Answer

    You can argue anything you like, the question is whether or not it will be effective. OK, that's somewhat glib, but the fact remains that it depends on factors unknown. Where did this occur? Over what land? What was the activity besides merely "flying" occurred?
    As this is a relatively new area of litigation, i suggest you speak with several lawyers before fixing on any specific argument. Good luck.

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  • What are the legal consequences if a 23yr old guy is being accused of having sex with a 14yr old girl when they were 22 and 13?

    And the mom is pressing charges

    Stephen’s Answer

    The legal consequences are severe. A minimum lewd and lascivious, a second degree felony, are the obvious consequence, but registration as a sexual offender/predator will have life long consequences as well, even once prison is dispatched with, either by acquittal, negotiation, or serving a sentence.
    Strong representation can make a world of difference in such a case, and i suggest you consult with several local competent criminal defense attorneys even before you are contacted by police. How initial contact is handled can have a major affect on any outcome, so prepare yourself now. Good luck.

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  • What Will happen if I missed my probation appontionment only one time in three years on accident?

    I have been on probation for three years with no problems except for I popped dirty for cocaine one time but when sent to lab it was negative. But other than that I have been consistent with probation. I just got promoted to supervisor at my job o...

    Stephen’s Answer

    Your first step is to try and work it out with your probation officer (PO). If the PO doesn't let it slide, he or she may very well violate your probation.
    If violated, you should get representation because based on the facts you describe the violation should not stand. Violations must be willful and substantial. Yours does not seem to be substantial given the record you provide.
    Stay in contact with your PO, but if she violates you and issues a warrant, then you need to consult with defense attorneys pronto. Good luck.

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  • 3rd degree burglary and petty larceny no priors or juvenile record. What are my friend's chances?

    Recorded video and confessed. Lived in the city his whole life and supports local art, goes to college and works as a journalist.

    Stephen’s Answer

    You've provided some good information, but of course more is needed. Your friend would score for a prison term from what you've written, but a good lawyer may be able to avoid that. I suggest you consult with several criminal defense attorneys and hire one to represent your friend if at all possible. Good luck.

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  • If I have a warrent for violation of probation, how can I prevent going to jail.? Can a attorney help me get a court date ?

    What can I do to not go to jail. I have a two month old son.

    Stephen’s Answer

    • Selected as best answer

    You should certainly be represented if you have an outstanding warrant and need to care for a young child. Different judges follow different procedures, but there is a good chance a warrant can be recalled with just a notice of appearance being filed, or with just one court visit. Of course, then you have to deal with the underlying affidavit supporting the charge.
    Hire/Consult an experienced criminal defense attorney and have your case evaluated. There's a chance it can be re-opened and perhaps resolved with no jail time, depending on the facts and history. Good luck.

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  • Do I need an attorney?

    I have a long story, too long to put on here, but essentially I was charged with two counts of grand theft, and told that if I didn't take a deal from the states attorney's office, and took it to trial that I would get 10 years in prison. My attor...

    Stephen’s Answer

    The short answer to your question is "Yes!"
    The state must prove a violation, though to a lesser standard if proof. However, your facts, if they bear out, are a defense to a violation being willful, and possibly substantial as well. See a lawyer, or ask for a lawyer if you cannot afford one. Good luck.

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  • Expungement of 2nd degree misdemeanor in Florida?

    A friend of mine was arrested for a 2nd misdemeanor of property damage less than $200. The friend has no criminal record. There were extreme extenuating circumstances - my friend's mother was given a few hours left to live that day. The friend had...

    Stephen’s Answer

    You require an attorney to evaluate the facts of the case, its disposition, and then advise your friend of the options available. I suggest he consult with an attorney. Good luck.

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  • Helping a loved one with meeting lawyers for her finances attempted murder case. What questions should I ask the attorneys?

    He threw the gun away from himself before him and his brother attacked the victim. The gun went off when he threw it. Victim was not injuried.

    Stephen’s Answer

    Please see my legal guide on the topic. Link provided below.
    Good luck.

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  • How much time will I receive for a 2nd misdemeanor violation of probation charge. I have a warrant.

    This is my 2nd violation of probation . I think I have a warrant. Is there anything I can do to not do any jail time. Is there anyone I can pay to help me not do jail time?

    Stephen’s Answer

    The full answers depend on a lot more information than you posted, but the general answer to both questions is: "yes."
    A competent lawyer can get you a court date, maximize the mitigation and defenses, and minimize the harm.
    Consult with a criminal defense attorney soon. Good luck.

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