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Stephen Andrew Mosca
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Stephen Mosca’s Answers

2,677 total


  • What type of sentence is 24 points in criminal sentencing?

    In criminal sentencing, I have 24 points and I am pleaing to the judge. What range of time does 24 points call for?

    Stephen’s Answer

    Presuming this is a federal crime question as categorized, there is not enough information to respond directly and adequately. The federal guidelines have two components, one of which is the adjusted offense level, as well as the criminal history score. In addition, there may be other factors at play in the scoring scenario in your case. And even once that number of months applicable to your case is determined, that range is only advisory. The judge who hears your sentencing will determine from that that score as one among many other factors that must be taken into account.
    I suggest you ask your lawyer this question, or consult with one specifically with an intent to hire for sentencing issues. Good luck.

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  • Given pending review from Florida Supreme Court, can the mortgage company file a new foreclosure case?

    Bank filed foreclosure 3/2010. Case was challenged and dismissed WITH prejudice in 2014 ( bank simply did not comply with judges orders paperwork/procedure ). So, we are now past 5 years in Florida with the limitation concern. My question of cours...

    Stephen’s Answer

    I agree with most of the answers and comments already posted. In the foreclosure world, permanent wins are elusive, permanent loses are not. Each "win" that relies on a new argument or interpretation of law is sure to be challenged down the line if at all possible.
    A dismissal with prejudice and expiration of statute of limitations are two obvious reasons to think celebration, but recurring defaults with each missed payment within the statute of limitations and procedural versus substantive judgments of dismissal are two areas of continued litigation. Be on the lookout for bank communications setting you up for deceleration.
    Sometimes, surviving to fight the next battle is the only way to win, so get represented to have your case reviewed and defended. Good luck.

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  • My boyfriend gt a gun bt its in his name an he had 4 garms under 30 kilograms of pills will he gt out wen he go to court

    He doesn't have no record

    Stephen’s Answer

    The question is whether the judge at first appearance will grant a reasonable bond amount. From your question, it seems like a very high quantity of pills, certainly a trafficking amount, and the weapon could figure into the charge and bond assessment depending on many factors unknown. Therefore, it seems unlikely for him to released on his own recognizance, if that was your question, and the matter of bond remains to be seen. Consult with an experienced criminal defense attorney to see about having bond granted or lowered, as well as to generally defend the case. Good luck.

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  • Based on the interview below, does the questions violate my brother's Miranda rights?

    After Miranda warning was given, the interview went as followed. Detective: are you aware of the incident that happened on Philips hwy? Brother: yes sir. Detective: what can you tell me about the incident? Brother: man I don't really want to t...

    Stephen’s Answer

    The questions posted do not violate, however the inference of the questions is that the conversation continued and incriminating statements ensued. Miranda only applies, in application, to statements elicited while being interogated by authorities that are subsequently used against the suspect. If that happens, then one needs to analyze the exchange, if any, invoking Miranda and subsequent.
    There may certainly be reason to challenge the admissibility of any statements given, but a yes or no cannot be given based upon what you provide. there are numerous ways to invoke Miranda, and so to do what you can to end interrogation, and numerous was to revoke it as well. Cases are clear Miranda is to be honored, but the details provide area for lawyers to argue their interpretations and then a judge makes a ruling. That will likely happen here as well. The best bet is to hire a lawyer with experience to spot these issues and willing to challenge the state. Good luck.

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  • Is it possible to get off Sex Offender Registry? Read details

    So i was 18 and she was i think 13 or 14 i dont remember. We had sex. Charged with lewd lascivious sexual battery on a minor 12-15 years old. Got 4 years probation and sex offender for life. This was back in 2007. The girl is now in her 20's and ...

    Stephen’s Answer

    From your post, the answer would seem to be "no." However, there is one related fact that I think bears more scrutiny. It's a tiny sliver of hope, but it's something. See an attorney for a confidential consultation.

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  • Can you be on two misdemeanor probations in the state of florida

    I was on probation I violated went to jail and they put me on probation for the second charge and said continue my first probation I just got out of jail two weeks ago for a violation of the first one now they saying I violated again for not payin...

    Stephen’s Answer

    Violations must be willful. You need to document job seeking, income, or the lack thereof, and necessary expenses, and make this available to the judge. Payment plans usually involve probation, but conversion to a civil judgment will have a collection agency at your door. These are the options, usually.
    Each judge is a little different, but if you can show you did not ignore the requirement but we're unable to comply, you should not face jail time. It also helps to have a good attorney. Good luck.

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  • 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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