The judge withheld adjudication , but it is still on his record. It is supposed to be sealed. I need step by step procedure on how to have his record sealed.
I concur with the two attorneys who have provided answers. A withhold of adjudication does not equal a record being sealed. All a withhold means is that a court is not finding you guilty of an offense even though it imposes a sentence. One of the only times a record is automatically sealed is if the defendant is a juvenile. Otherwise you would need to seal the record on your own.See question
She's facing 1 count of Grand Theft $300 - $4999 812.014(2)(C)(1) and 3 counts of Dealing in Stolen Property 812.019(1) in Duval County Florida. Previously she's only been in trouble for traffic violations. Her mother and I have custody of her t...
From the facts listed, I would suggest that she hire a criminal defense attorney as soon as possible. Many of my colleagues and my law office, The Law Office of Jason Snyder provide free consultations. She should hire an attorney as soon as possible so that the attorney can gather as much mitigation as possible as well as substance abuse programs that she could complete in lieu of jail time such as the matrix program. In Duval County it is imperative for an attorney to gather the facts, mitigation and any physical evidence sooner rather than later because it is a common practice in Duval County for lenient sentences to be offered in the beginning of a case before the state invests time and resources. Many times the state will make an offer threaten to revoke it. Therefore it is best to hire a private attorney so she is prepared and informed as quickly as possible.
the person who called on me used to work with me and didnt like me, i was with a mutual friend and she was there. i didnt remember where i knew her from and when i left she stated she wanted to buy my son and how i didnt deserve him saying this to...
This site is specifically useful in finding a lawyer. Most law firms such as ours offers free consultations so you can either call them or contact them through their website, although calling is best.See question
Accident occured May 12,2013. on interstate, just me invovled. I have since been charged with property damage on the same night at a different location. i may have been driving in a balackout as I remember none of this, but I also hit my head ver...
You need to hire an attorney as soon as possible. The insurance company will continue to call you and will keep also g questions. Remember everything you say to the insurance company is recorded and can be used against you. You also do not want to have inconsistent statements because that will severely hurt your criminal case. This also means no more posts online, especially on Facebook. You need to consult a criminal defense attorney ASAP. That way the attorney can handle your DUI case and the insurance company. Look for a firm such as ours that practices both criminal defense and traffic tickets so they can challenge the careless driving as well. The careless driving hearing is a good chance for an attorney to get a good idea of the testimony being used against you way before it would become available in a criminal trial. You need a trial lawyer who has a great deal of experience and a good trial record. For example our firm has tried over 125+ cases to verdict with many favorable results so if a lawyer refuses to answer those questions or say only has a handful of trials you may want to consult a more seasoned attorney. Our firm and several others have free consultations.See question
There is no evidence showing that he did anything just basically a hunch. There is no incriminating evidence what so ever but they have been holding him in jail for the last year.
As much as I would love to say yes. The answer is no. Although you may say that there is no evidence, the state may have circumstantial evidence that they will use against him. In addition if they have any witness testimony, the standard jury instructions which the Judge will read verbatim to the jury state that witness testimony is evidence.
In short, the jury system is unpredictable. What he needs is an experienced criminal defense attorney with a high acquittal rating. Since he has been in jail for a year, time is of the evidence because evidence that might exonerate him may be lost with time. In addition, it is best for the trial attorney to take over as soon as possible, especially if a Public Defender is involved. Most experienced criminal defense attorneys such as us provide free consultations. Remember to ask how many trials the attorney has. My husband and I have tried over 125 jury trials many of which include serious offenses such as this charge. My advice is if you haven't hired an attorney, now is the time to do so. As confident as you are in the evidence, many people are wrongly convicted every day, if that wasn't so, we wouldn't have organizations such as the innocence project for people on death row. The trial is about the facts and one side being able to persuade the jury. You don't want to regret this decision since the best chance he has is at trial. After a conviction, it is highly unlikely to ever get a jury verdict overturned. Consult an attorney and ask questions. www.snyderlawjax.comSee question
I had filed a couple of motions pro-se. After a few months I retained a lawyer and I've asked him to move forward with setting a hearing for those filed motions. He says he needs to re-file all of the motions to "sign" them and of course charge ...
Although I'm not sure what type of motions they are, I don't believe any attorney would ever go into court and argue a motion that was not drafted by an attorney. Even if your motion was well written, if you do not have the legal knowledge to back it up you could have made detrimental mistakes. In addition, most lay persons do not have the legal skills or research abilities to shepardize case law to compare and contrast good law versus law that has been overturned.
Now if one attorney takes over from another attorney, they can review the motion and if they agree with it and believe that the case law is valid, they can choose to either adopt the motion or simply file an amended motion with additional facts.
It all comes down to expertise. Just as you would not want a cashier to perform a surgical procedure, you do not want to rely on a lay person when filing a motion (especially criminal ones).See question
No previous arrest. No previous record.
These charges carry heavy penalties. That being said, under Florida law a scoresheet is required which calculates a minimum sentence under the law. However I do not have enough facts about what occurred. There may be an exception to the guidelines that can be argued at sentencing in your case which may allow the court to deviate from the guidelines and offer a lower sentence or aggravating factors which would allow the court to enhance your sentence. As a local criminal defense firm we cannot emphasize enough how important it is for you to contact a local law firm who have experience with the judges and state attorneys involved in your case and therefore have a better idea of what you are facing and what is the best argument at sentencing.See question
my wife has abandoned me
As a local family law attorney I think you should contact one of us as soon as possible. Although I would need much more specific information to give you specific advice, you may need to file an emergency motion for temporary alimony (quickest and then when case resolves can become permanent). Factors the court will consider are how long you were married, if you have children, how much income you make etc. Most law firms such as ours offer free consultations. www.snyderlawjax.comSee question
While 17 got busted for pot, dealing in stolen property, had two guns. Spent 8 months at an academy. I went to court for the above charge trespassing and they had pulled my Juvenile File to judge my case. The female that I was with was charged 150...
As a local criminal defense attorney I can tell you that State attorneys are not required to offer any defendant a plea bargain and when they do the offer many times can be excessive and as a result you should hire a local criminal defense attorney so that the attorney can plea bargain with the state. You may have a valid defense or mitigation to offer such as showing that you have a good job, steady income and good character references. I would make sure that you consult with attorneys prior to your next court date, since many law firms such as ours offers free consultations. If you work during the day we offer and probably others offer phone consultations and evening appointments. Whether you contact us or another local law firm, make sure you do so prior to your next court date since the states offer seems quite excessive.See question
DWI was at 18 and 22 yrs old current age is 47 . No other driving violations currently working, has family..will this affect driver license?
Your prior convictions can be used against you to enhance your current sentence, however if this was just a BUI stop and there were no injuries, it would be charged as a misdemeanor. There are lots of ways to successfully fight these charges. My law partner, Jason Snyder has successfully challenged and tried numerous DUI/ BUI cases and I believe he has never lost one of these cases at trial. You should consult with a local criminal defense attorney. Make sure you ask them there trial experience and success rate at trial, including BUI/DUI cases. Most law firms offer free consultation and ours even offers evening appointments if you work during the day and phone consultations. www.snyderlawjax.comSee question