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.

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  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 10 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. CAN SOLICITATION OF PROSTITUTION constitute probable cause TO search A CAR ?

    Answered about 2 months ago.

    1. Michael Adam Haber
    2. Nick Jay Dorsten
    3. Paul J Knudsen
    4. Michael Charles McGinn
    5. Stephen Andrew Mosca
    6. ···
    6 lawyer answers

    The short answer is "yes." Cars, unlike homes, are highly regulated and there are numerous circumstances that can justify a search. Of course, it is still very possible for a search to violate your friend's rights, so the exact factual circumstances need to be analyzed in great detail; many legal arguments turn on such details. Therefore, your friend needs an attorney to go over the facts, both the police version and the friend's version, and make some judgments. Good luck.

    12 lawyers agreed with this answer

  4. How do i get a Shoplifting charge dismissed

    Answered almost 2 years 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...

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  5. 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

  6. Injured while in hospital Jax Florida by patient

    Answered 2 months ago.

    1. Kenneth Joseph Bush
    2. Stephen Andrew Mosca
    3. Bonde Johnson
    4. Thomas Lee Hunker
    5. Timothy George Kerrigan
    6. ···
    7 lawyer answers

    It certainly sounds as though someone was negligent in the handling and interaction among known unstable patient and others. Sorry this happened to you. The hospital should be liable if the negligence was theirs, even if through a security service. I suggest you write down as your best memory of the event up to the present and then keep documenting what happens as it happens, and of course keep all paperwork associated with this incident. Suggest you consult with an attorney sooner rather...

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  7. Unlawful arrest and confinement

    Answered over 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....

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  8. 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 over 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...

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  9. Can I expunge my record from OH state?

    Answered 11 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

  10. How should I go about getting my charges lessend or even wiped. Marijuana possession and paraphernalia

    Answered 2 months ago.

    1. Stephen Andrew Mosca
    2. Markus Ankuan Sermons
    3. Nick Jay Dorsten
    4. Eva Paulk
    4 lawyer answers

    First, it is stupid to post admissions for committing a felony on the internet. Sorry to be blunt, but that's a fact. Always discuss your case in hypothetical terms. Second, your circumstances is why criminal defense lawyers exist. Hire one. A defense lawyer will do their best o get these charges reduced or dropped, or otherwise minimized, so your life won't be ruined. How? Well, if you go to law school and then practice for several years you too will learn how, but until then hire one...

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